1. Purpose of terms of Service
“Account” means the account established by Gcalls and associated with Customer and the Services provided to Customer under this Agreement.
“Account Information” means business contact information relating to the Account; usage records of the Service; configuration data; and customer call history generated by Gcalls.
“Administrator” (Administrator/Admin) means a person of the Customer organization who is recognized by Gcalls’ system to have specific rights in relation to the Service, who is responsible for the administration and management of the Customer’s Account. Client and get access to specific functionalities included.
“Management Site” means the online portal through which the Administrator controls settings, can select Service Packs, and monitor usage of the Account(s).
“Confidential Information” means any proprietary and confidential information disclosed, during and during the term of the Agreement, by one Party (Disclosure Party) to another Party (Receiving Party).
“Customer” means, in the event an individual accepts this Agreement on his or her own behalf, or in the event an individual accepts this Agreement on behalf of another company or entity, company or other legal entity that accepts this Agreement on behalf of that individual, as well as the Affiliates of that company or entity that have entered into the Purchase.
“Customer Data” means the content of calls, messages, voicemails, recordings, , configuration data or other communications transmitted or stored through the Service.
“Effective Date” means the date on which Customer first registers for any Service.
“Fees” means flat fees, usage fees and any other applicable fees.
“Intellectual Property” means all intellectual property and technology, regardless of form, including but not limited to: (a) published and unpublished works of authors ; (b) inventions and discoveries, including but not limited to business methods, components of matter, methods and processes, and new uses for any prior entries; (c) words, names, symbols, devices, designs and other designations and combinations of the preceding items, used to identify or distinguish a business, commodity, group, product or service service or to indicate a form of certification; (d) information that is generally not known or readily identifiable through appropriate means, whether tangible or intangible; and (e) computer programs, operating systems, applications, firmware, and other code, including all source code, object code, application programming interfaces, data files, databases , protocols, specifications and other documents.
“Service Plan” means any subscription offered to Customer that includes features listed on the Website and which Customer may choose through Purchase. For the avoidance of doubt, the free trial will be treated as a Service Pack.
“Purchase” means an order for certain Gcalls Services, placed through the Gcalls Management Page or the Website.
“Order Form” means the document that may be entered between the Customer and Gcalls to offset certain fees, Selected Packages, Term of Order Forms and other important terms related thereto to this Agreement and executed by the Customer.
“Service” means any service provided to a Gcalls Customer, including Gcalls software in the form of a service application, tariff plan and features.
“User” means an employee, operator or any person using the Service through a Customer Account, without any specific administrative rights attached.
“Site” means the Gcalls.co website.
3. Description of Gcalls Service
Gcalls provides a cloud-based PBX software solution for businesses and integrates with a list of third-party applications. An incomplete description of the Gcalls phone system is available on the Website. Customer acknowledges and agrees that the Service does not accommodate any emergency calls to any type of hospital, law enforcement agency, medical care unit or any type of emergency service. (collectively, Emergency Services, or), special, surcharge or special services of any kind, should be obtained from a local telephone service provider. Furthermore, Customer acknowledges and agrees that: (i) Gcalls is not required to provide access to any Emergency Services under any Applicable Laws; and (ii) It is the responsibility of the customer to notify the User and the Administrator that it is not possible to access and/or call Emergency Services using the Service.
4. Quality, Maintenance and Accessibility
4.1 General Terms:
Service is designed to be available at all times and with minimal disruption outside of planned maintenance periods. Gcalls may modify, upgrade and/or replace features of the Service from time to time, with or without notice or posting to the Website, provided it does not significantly reduce the main functions or features. and/or the security of the Service during the Term (as defined below) without Customer’s prior written consent, except that Customer’s prior written consent is not required. required in the event of an amendment, improvement or replacement provided for by the Applicable Law.
4.2 Device requirements:
Customer acknowledges and agrees that the standard functionality of the Service is dependent upon Customer maintaining adequate Internet access, the ability to provide adequate power, and using correct equipment configuration. Customer also acknowledges and agrees that certain factors beyond Gcalls’ control may affect Customer’s quality of communication and access to and/or use of the Service including but not limited to: Network customer’s internal network, public Internet line, telephone network, customer’s Internet Service Provider and/or intranet hardware. Gcalls is not responsible for any interruptions or delays caused by any error in these or any other items over which Gcalls has no control.
Customer, User and/or Administrator (or Gcalls, at Customer’s request) shall select a unique user email and password (collectively, ” Login Details) per User or Administrator. Customer acknowledges and agrees that Customer is prohibited from sharing Login Details with any third parties. Customer will be responsible for the security and use of Login Details. Customer will also be responsible for all electronic communications, including those containing business information, account registration, account holder information, financial information, Customer Data, etc. and all other data entered electronically through the Service. Any and all electronic communications transmitted through the Account from the customer will be deemed to have been sent by the Customer. Gcalls is not responsible for any breach of security resulting from your failure to maintain the confidentiality and security of any Login Details. Customer agrees to notify Gcalls immediately in the event of loss, theft or disclosure of any or all Login Details, if Customer believes that the security of any or all Login Details access has been compromised in any way, or in the event that Customer learns about the possibility of unauthorized or actual access to and/or use of the Website and/or the Services. To the extent permitted by law, Customer shall be responsible for all costs, damages, losses and expenses, including reporting costs, costs of notice, recovery and remediation of system data security, user fees and fines, civil fees, and reasonable attorneys’ fees resulting from Client’s failure to protect Client’s Login Information and data as set forth herein.
5. Intellectual Property
Customer will not permit its Users to sublicense, sell, rent, lease, transfer, distribute or commercially exploit or provide the Services to any third party other than the User. Customer will not allow User to use call recording function where credit card, debit card or other payment information is provided to Customer and/or User during a call.
5.2 Customer Data:
Customer grants Gcalls and its affiliates a limited, non-exclusive right to copy, transmit, distribute and store Customer Data to the extent necessary or desirable for Gcalls to provide Customer with Services and improve services. Gcalls will only disclose or make Customer Data available to parties that need access for Gcalls to provide the Services under this Agreement. Customer grants Gcalls the right to use and copy Customer’s name, logo and trademarks to identify Customer as a Gcalls customer on the Website and other marketing materials.
Gcalls may request or collect and/or Customer may provide, written suggestions, feedback or comments from time to time as part of Customer and/or User’s use of the Services (collectively). is Response). Customer acknowledges and agrees that such Feedback shall be deemed the property of Gcalls and its affiliates. Gcalls and its affiliates shall exclusively own all present or hereafter known rights to the Feedback and shall be entitled to use the Feedback for any purpose, commercial or otherwise, without compensation. to the party providing the Feedback.
6. Price & invoice
6.1 Try it for free:
Free trial online. At the end of the Free Trial, Customer may purchase additional products and services not included in the Free Trial by selecting Plans.
By providing valid credit or debit card information and/or bank account information (Direct Payment Method), Customer represents: ( i) authorize Gcalls and/or any other company or individual to act as Gcalls’ payment agent to charge a Payment Method: (x) monthly for the fees corresponding to the Usage Fee; at the payment frequency selected and specified by the Customer on the relevant Purchase or Order Form, if applicable, for the respective fees; and (z) for any and all other fees in connection with the Services, including recurring payments billed monthly or annually; (ii) agree to update such Payment Method from time to time as necessary; and (iii) acknowledge and agree that Gcalls will not be liable for any expired, underfunded credit/debit cards or other fees incurred by the Customer as a result of such efforts and/or hold to that Payment Method.
Software service fees are not taxable.
7. Information security and privacy
7.2 Information Security:
Gcalls strives to use commercially reasonable technical and operational safeguards designed to protect Customer Data and Customer Confidential Information from unauthorized use or disclosure. Customer agrees to protect all devices that allow access to the Service with industry standard security measures. Gcalls may push software updates and patches from time to time, and Customer agrees to promptly install and deploy such updated, patched and/or upgraded versions of the Service. Gcalls shall not be liable for any damage or inactivity of the Service resulting from Customer’s failure to promptly perform updates, patches and/or upgrades.
The Term of this Agreement shall commence on the Effective Date and shall continue until the expiry of the Term of the Final Order Form or unless otherwise terminated previously. The initial term of the Package will start on the day the Customer receives the system activation notification email from Gcalls. Thereafter, the Service Package will automatically renew for additional periods of the same duration unless either Party gives notice of non-renewal or other extension of the term to the other Party not less than thirty (30) days before the end of the current period. The Order Form Term will automatically renew for additional periods of the same duration unless either Party gives the other Party a non-renewal notice not less than thirty (30) days prior to its expiration. The current term of the Order Form.
Either Party may terminate this Agreement and any Services purchased hereunder in whole or in part by giving written notice to the other Party if the other Party: (i) breaches any material provision any part of this Agreement and fail to remedy such breach within thirty (30) days of receipt of such notice; (ii) when the other Party becomes insolvent, or goes bankrupt; (iii) upon a written request from a government or regulatory body after a change in the Applicable Law. Gcalls may terminate this Agreement and or any Order Forms at any time and without any liability whatsoever for any reason. In the event such termination does not occur due to a breach of the Customer’s obligations, Gcalls will refund to the Customer any unused portion of the Prepaid Fees for the remainder of the Order Form Term. from the date of termination.
8.3 Effect of Termination:
Upon termination of this Agreement, Customer must pay Gcalls immediately and without further notice, and in any event not later than thirty (30) days, for all fees and charges accrued, including any unpaid fees. Upon termination or expiration of this Agreement for any reason, Customer shall immediately terminate its right to access and use the Service.
9. Complaints and complaints
If you have any questions or complaints about our Terms of Service please contact us at email firstname.lastname@example.org.
Last edited: 12/17/2019.