All Users will need to accept these usage-based Terms (which may be subject to slight variation) when they use the Service for the first time.
CloudTalk (the "Service") is a Telephony and Communication Service accessed by you.
PLEASE NOTE THAT THE SERVICE DOES NOT SUPPORT USE FOR ANY EMERGENCY SERVICE CALLS. ANY CALLS YOU NEED TO MAKE OF THIS NATURE SHOULD BE MADE FROM YOUR NEAREST LANDLINE OR MOBILE PHONE THROUGH YOUR PHONE NETWORK PROVIDER. IN USING YOUR NEAREST FIXED LINE OR MOBILE PHONE TO MAKE EMERGENCY CALLS WILL ENSURE THAT THE EMERGENCY SERVICES AUTOMATICALLY HAVE THE MOST ACCURATE DATA ON YOUR CALLING LOCATION.
THE USE OF THIS SERVICE WILL RELY ON THE AVAILABILITY OF YOUR OWN DEVICES, HARDWARE, PHONE DATA NETWORK AND INTERNET PROVIDER AT ALL TIMES – ANY RESTRICTIONS IN ANY OF THE ABOVE SERVICES OR DEVICES WILL ALSO LIMIT THE QUALITY OF THE SERVICE.
The terms, conditions, and notices contained in these Terms & Conditions must be agreed to and accepted without qualification or amendment in order to obtain the Service as defined below. By using the Service, you hereby agree in full to all terms and conditions of this Agreement. If you do not agree to these terms and conditions, then please do not access or use the Service.
1.1 You may only use the Service for lawful purposes and at all times in accordance with the Communications Act 2003.
1.2 You will not, nor will You authorise or permit any other person to, use the Service or the Application:
1. a) to send or receive any Inappropriate Content or any other information or material, any part of which, or the accessing of which or use of which would be a criminal offence or otherwise be unlawful;
2. b) to create any Artificial Inflation of Traffic in anyway;
3. b) to sell, or offer to sell goods or services which are in violation of any laws, regulations or codes of practice. You shall take such corrective action as we may require in such circumstances promptly following notification from us.
4. c) to pretend to be a party which it is not or use the Service to falsely represent another party.
1.3 You shall ensure it does not use the Service excessively and beyond what we deem is reasonable.
1.4 You will not sell or re-sell the Service to any third party.
1.5 You will not use or associate the Service with any unsolicited telemarketing activities ("Spam").
2.1 You shall not attempt to circumvent system security or access the source code of the Software or the Application of the Service.
2.2 You shall keep confidential any passwords or other security information relating to the Software or the Application of the Service.
2.3 You are responsible for the security and proper use of all user IDs, passwords, used in connection with the Service and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised persons.
2.4 You must immediately inform us if there is any reason to believe that a user ID or password issued by us has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
2.5 You must not change or attempt to change a user ID, password or other security device issued by us unless authorised to do so. If the Customer forgets or loses a user ID, password or other security device issued by us, the Customer must contact us immediately and then complete such security checks as we deem appropriate.
2.6 We reserve the right to suspend access to the Service if at any time we consider that there is or is likely to be a breach of security or if the Customer fails to comply with our instructions or requests in relation to security matters.
2.7 We reserve the right (at our sole discretion) to require the Customer to change any or all of the passwords used by the Customer in connection with the Service.
Service Specific Conditions
3.1 Call and voicemail recording –we will store any recorded Calls for as long as you state you need them accessible within the Application of the Service for that period only. Any recordings stored will be held in accordance with Data Protection terms and then deleted unless you download and store them yourself.
3.2 Emergency calling – you will NOT be able to make Emergency Calls from the Service. We would always advocate using the nearest fixed line or mobile telephone to make Emergency Calls to ensure the emergency services automatically have the most accurate data on your calling location.
3.3 Number porting into the Service – should you wish to port any existing Number into the Service then you must contact us to complete the required consent paperwork to complete this process, we will then handle this for you.
3.4 Number porting away – should you wish to port any existing Numbers away from the Service then you must contact your new service provider to request this. We will typically receive instruction from them within 10-days to action this request. We cannot however guarantee that your new service provider will have the ability to port in your Number.
3.1 Other than as cannot be excluded in law, we expressly exclude all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose in relation to the provision of the Service.
3.2 We do not warrant that the Service will be error and or virus free or operate without disruption or is compatible with all equipment and software configurations.
4.1 We may terminate this Agreement, without notice, if you are in breach of any part of this Agreement.