Welcome to the Dialer IO Pty Ltd (collectively referred to as ‘ Dialer IO ’, ‘we’ or ‘us’) website (www.dialerio.com). If you continue to browse and use this website, any other web domains owned by Dialer IO or any external sites linked to this website, you agree that you have read, understood and agree to comply with and be bound by the following terms and conditions of use (Terms), which together with our privacy policy govern Dialer IO’s relationship with you in relation to this website. If you do not agree to be bound by these Terms, please do not use or access any part of our website.
Dialer IO reserves the right to amend, change, modify or alter these Terms from time to time and without any notice to you. Your continued use of the website or any part of it constitutes your acceptance of any such changes.
The information and material on this website is for general information purposes only and is provided “as is” without any warranties of any kind, either express or implied. We make no warranties that your use of the content will not infringe the rights of anyone else and will not be liable for any errors or omissions in any content.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
We do not guarantee or warrant that this website will be free of viruses, worms, Trojans or other code that may interfere with or damage the operation of your computer systems. You are responsible for taking your own precautions to ensure that your use of this website is free of viruses or anything else that may interfere with or damage the operation of your computer system.
We do not warrant that the access or function to the website or any linked site will be uninterrupted or error-free. We will not be liable to you or any third party for any damages arising out of the access or use of this website.
Professional Services:
$250 / hour subject to prior approval (see Appendix A). Implementation Services: Dialer.io, on completion of the dialer.io platform build, will offer a free training session on the product to Customer’s admins & agents. This training session will cover the practical use and applications of the Dialer.io platform, as well as education around best practices, in addition to the attached statement of work in Appendix A.
Implementation Fee (one-time): As agreed upon.
Email: billing@dialer.io
Call Charges
• All prices are in USD.
• Rates are exclusive of applicable taxes, VAT, fees, or surcharges. Fees and surcharges may include, but may not be limited to, Federal Universal Service Fund contribution(USF), Federal Telecommunication Relay Service surcharge (TRS), Federal Regulatory Recovery Fee, Federal Local Number Portability Administration charge(LNPA), North American Number Portability fee (NANP), state and local property tax recovery fees, and regulatory compliance cost recovery fees.
• Minimum bill times and additional billing increments are noted in appendix E.
• All calls are charged by the Dial Code. The respective dial code defines the destination to be charged.
• Rates and dial codes are subject to change without notice.
• All dials are subject to a $0.02 fee.
Terms and Conditions
1. SAAS SERVICES AND SUPPORT
1.1 Subject to the terms of this Agreement, Dialer.io will use commercially reasonable efforts to provide Customer the Services in accordance with the Service Level Terms attached hereto as Appendix B. As part of the registration process, Customer will identify an administrative username and password for Customer’s Company account. Dialer.io reserves the right to refuse registration of or cancel passwords it deems inappropriate.
1.2 Subject to the terms hereof, Dialer.io will provide Customers with reasonable online technical support services in accordance with Company’s standard practice.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services or any software, documentation, or data related to the Services(“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third, or remove any proprietary notices or labels.
2.2 Further, Customer may not remove or export from the United States or Australia or allow the export or re-export of the Services, Software, or anything related thereto, or any direct product thereof in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, AISC, ACCC, or any other United States or foreign agency or authority.
2.3 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations, including our Acceptable Use Policy located below, including a ban on spamming wireless networks and phone systems.
2.4 Customers shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords, and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
3. CONFIDENTIALITY; PROPRIETARY RIGHTS
3.1 Each party (the “Receiving Party”) understands that the other party(the “Disclosing Party”) has disclosed or may disclose business, technical, or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality, and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Dialer.io to enable the provision of the Services (“Customer Data”).
3.2 Customer shall own all rights, titles, and interests in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Services.
3.3 Not withstanding anything to the contrary, Dialer.io shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom).
4. PAYMENT OF FEES
4.1 Customer will pay Dialer.io the then-applicable fees described in the Qwilr agreement for the Services and Implementation Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity set forth on the Qwilr agreement or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and agrees to pay the additional fees in the manner provided herein.
4.2 Dialer.io may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company fifteen (15) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection, and may result in immediate termination of Service.
4.3 Failure to pay, If we are not able to collect your subscription or usage fees within 10 days of the first date of the month, your subscription will cancelled and your account suspended.
5. TERM, TERMINATION, REDUCTIONS AND PAUSING OF SERVICES
5.1 Subject to earlier termination as provided below, this Agreement is for an Initial Service Term of 90 days and shall be automatically renewed for additional monthly periods (collectively, the “Term”) unless either party requests termination at least (30) days prior to the end of the then-current term.
5.2 Upon termination, Dialer.io will make all Customer Data available for electronic retrieval for a period of fifteen (15) days through FTP. After this period, Dialer.io may delete stored Customer Data unless otherwise prohibited by law.
5.3 Once a seat or number has been provisioned for a user on the Dialer.io platform that seat or number will remain active for the initial 90 day period of the agreement. There is no reduction to the over all seat or phone number count once they have been provisioned for a user during the initial 90 day period.
5.3 If at any point during the service term the customer requests “pausing” of service the customer will be placed on a reduced rate of 40% reduction of seat fees for a period no longer than 60 days. All other fees outside of seat fees will remain the same. During this period the customer must not use theDialer.io platform to perform any dialing otherwise the rate reduction will cease and the full rate will begin again. After the 60 day pause period the customer will return to the full rate as agreed upon in the signed service agreement.
6. WARRANTY AND DISCLAIMER
6.1 Dialer.io shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions and shall perform the Implementation Services professionally. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance. HOWEVER, DIALER.IO DOESNOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES ITMAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THESERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ANDIMPLEMENTATION SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.
7. INDEMNITY
7.1 Dialer.io shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent, copyright, or misappropriation of any trade secret, provided Dialer.io is promptly notified of any claims. This indemnity does not apply to portions or components of the Service not supplied by Dialer.io, or modified by Customer after delivery.
8. LIMITATION OF LIABILITY
8.1 EXCEPT FOR BODILY INJURY OF A PERSON, DIALER.IO AND ITSAFFILIATES SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CONTRACT, NEGLIGENCE,STRICT LIABILITY, OR OTHER LEGAL THEORY FOR INDIRECT, INCIDENTAL, SPECIAL, ORCONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS ORPROFITS. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY EXCEED THE FEES PAID BYCUSTOMER FOR SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACTTHAT GAVE RISE TO THE LIABILITY.
9. MISCELLANEOUS
9.1 If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will remain in effect. This Agreement is not assignable by Customer without prior written consent fromDialer.io. This Agreement is governed by the laws in accordance with section127 of the Corporations Act, without regard to its conflict of laws provisions. All notices under this Agreement must be in writing and deemed duly given upon receipt.
10. REFUND POLICY AND AGREEMENT TERMINATION
10.1 There will be no refunds for early termination of agreements. After the initial 90 day term, 30 days written notice is required by the client toDialer.io in order to terminate. If at any stage you would like to query a charge please contact your account manager, lodge a support ticket through theDialer.io portal or contact us on support@dialer.io
10.2 Build fees associated with implementation, onboarding, or custom builds are non-refundable.
10.3 Agreement automatically renews on a monthly basis unless terminated or renegotiated
11. ACCEPTABLE USE POLICY
11.1 This Acceptable Use Policy (“AUP”) describes rules that apply to any party (“you”, “your”, “yours”, or “Customer”) using any products and services provided by Dialer.io. or any of its affiliates (“Services”) and any user of the Services, including via any products and services provided by Customer (“End User”). Dialer.io, together with its affiliates, will be referred to as "Dialer.io" in this AUP. The prohibited conduct in this AUP is not exhaustive. Customer is responsible for its End Users’ compliance with this AUP. If Customer or any End User violates this AUP,Dialer.io may suspend Customer’s use of the Services. This AUP may be updated by Dialer.io from time to time upon reasonable notice, which may be provided via Customer’s account, e-mail, or by posting an updated version of this AUP to www.dialer.io. No Inappropriate Content or Users. Do not use the Services to transmit or store any content or communications (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, or objectionable, including, but not limited to, content or communications which Dialer.io determines (a) is false or inaccurate; (b) is hateful or encourages hatred or violence against individuals or groups; or (c) could endanger public safety. This prohibition includes use of the Services by a hate group. Customer and its End Users are also prohibited from using the Services to promote, or enable the transmission of or access to, any prohibited content or communications described in this paragraph.
Prohibited Activities.
Do not use the Services to engage in or encourage any activity that is illegal, deceptive, harmful, a violation of others’ rights, or harmful to Dialer.io’s business operations or reputation, including:
Violations of Laws or Standards. Violating laws, regulations, governmental orders, industry standards, or telecommunications providers requirements or guidance in any applicable jurisdiction, including any of the foregoing that require (a) consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications or (b) compliance with opt-out requests for any data or communications.
Interference with the Services. Interfering with or other wise negatively impacting any aspect of the Services or any third-party networks that are linked to the Services.
Reverse Engineering. Reverse engineering, copying, disassembling, or decompiling the Services.
Falsification of Identity or Origin. Creating a false identity or any attempt to mislead others as to the identity of the sender or the origin of any data or communications.
No Service Integrity Violations. Do not violate the integrity of the Services, including:
Bypassing Service Limitations. Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services.
Security Vulnerabilities. Finding security vulnerabilities to exploit the Services or attempting to bypass any security mechanism or filtering capabilities.
Disabling the Services. Any denial of service (DoS) attack on the Services or any other conduct that attempts to disrupt, disable, or overload the Services.
Harmful Code or Bots. Transmitting code, files, scripts, agents, or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the Services.
Unauthorized Access. Attempting to gain unauthorized access to the Services.
Data Safeguards. Customer is responsible for determining whether the Services offer appropriate safeguards for Customer’s use of the Services, including, but not limited to, any safeguards required by applicable law or regulation, prior to transmitting or processing, or prior to permitting End Users to transmit or process, any data or communications via the Services.
Appendices Appendix A:
Statement of Work for Additional Services All professional services for customization will be billed at $250/hour with prior written approval. These customizations will come at the request of the customer. Functionality outside of what Dialer.io offers as standard will be considered customization work. Customizations may include but aren’t limited to custom dispositions, dialing cadences, custom campaign builds outside of what is offered as standard, and any other work that is required to create functionality that is tailored for the individual customer.
Appendix B:
Service Level Terms & SLA Service availability: 99.9%, measured monthly, excluding holidays, weekends, and scheduled maintenance. Downtime credit: 1% of monthly Service fees for every 60 consecutive minutes of downtime(up to one week of Service fees per month).
Appendix C:
Support Terms & Team Availability Support hours: Weekdays, 8:00 AM- 6:00 PM Pacific Time, excluding Federal and Public Holidays. Support contact: Email support@dialer.io.
Appendix D:
Compliance and Industry Standards All Dialer.io accounts must comply with 10DLC and Trusted Calling regulations as imposed by U.S. carriers as well as TCPA, FCC, and GDPR guidelines where applicable.
Appendix E: Call Charges
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