1 – PURPOSE OF THE AGREEMENTThese Terms of Service set forth the terms and conditions according to which Alotech İletişim Teknolojileri A.Ş (Hereinafter will be referred to as “ALOTECH”) having its registered address at: Yildiz Technical University Teknopark R&D Center, Block B No:2 Istanbul, offers a customer (herein referred to as “Customer“) a browser-based call center software, offering enterprise level functionality without hardware or software installations (“Services“), as more fully described at the Alotech Website. AloTech and the Customer will jointly be referred to as “Parties” in these Terms of Service.
2 – APPLICABILITY2.1 AloTech offers various services to you through its website (www..com) all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service and/or your registration with AloTech constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access AloTech’s website or Services. 2.2. Subject to Customer’s acceptance of and compliance with these Terms of Service and with the payment requirements defined below for the Services, AloTech hereby grants Customer a limited, non-exclusive, non-transferable, revocable, non-sublicenseable right and license, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions defined herein. 2.3 Unless explicitly stated otherwise, any new features provided by AloTech that augment or enhance the current Services shall also constitute “Services” and shall be subject to these Terms of Service. Customer may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the software or other intellectual property owned by AloTech, or its licensors, related to the Services for any purpose whatsoever. Customer may not allow any unauthorized third party to access the Services for any purpose whatsoever. AloTech retains all rights not expressly granted under these Terms of Service. 2.4. These Terms of Service shall always supersede any conflicting pre-printed and/or standard Customer Agreement.
4. SERVICESSubject to the terms and conditions of this Agreement, AloTech will provide you with non-exclusive access to the Services during the term of this Agreement – solely for use for your own, internal business purposes. The “Service” includes (a) the Site, (b) on-demand help desk system, tools and AloTech API, and (c) other services provided to you through y2dx86.cn (“Site”) based on the plan purchased, including all software, data, text, images, sounds, videos, and other content made available through the Site, or developed via the AloTech API (collectively, “Content”). Any new features added to or augmenting the Services are also subject to this Agreement. The Services may also include basic or expanded support. AloTech will use reasonable efforts to make the Services available except for: (a) planned downtime (of which you will be notified in advance – including by a general Site posting), (b) emergency maintenance, or (c) any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest. You are responsible for maintaining the confidentiality of your login and account, and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person, and that you will not share a single login among multiple people.
5. TECHNICAL REQUIREMENTSThe Customer shall comply with the following technical requirements; Concurrent call capacities according to connection types are; o Adsl is needed up to 3 concurrent calls o G.SHDSL is needed up to 10 concurrent calls (bandwidth is calculated according to call amount) o Fiber is needed for more than 10 concurrent calls (bandwidth is calculated according to call amount) Activities which effects bandwidth such as file download, video streaming effects voice quality. It is Customer’s responsibility to prevent such use AloTech recommends following devices to be used o USB Headset: Jabra UC Voice 550 or equivalent headsets o Windows Operating System o Yealink IP Phone in Cloud Pbx If Customer wants to use another SIP supported device, Customer is responsible for setup and maintenance. In case any problem occurs due to usage of the following tools, Customer is responsible for the problem and AloTech shall not be held liable of such problem; The phones for which data and power cabling and network equipment (Switch, router, firewall, modem) to connect the phones are needed; The SIP connection time during registration of phones and agents to Alotech system should be below 100 ms. If duration is more than 100 ms, (performance problem because of internet line or router / modem / pc) problems in voice and freezing in status may occur.
6. FEES AND BILLING
6.1. Service FeesCustomer agrees to pay the prices of Cloud Call Center redundancy services defined below. Service prices shall be calculated upon Minute Based Price plus Account Maintenance Fee.
● Fixed Account Maintenance Monthly Fee: $100 / Month ● Cloud Call Center User price : $88 / user / Month
● Cloud Call Center Minute Based Price: $0.0188 / min
Per minute Service Fee includes :
i) Operational setup of Cloud System,
iii) Technical support
iv) Storage of call records during contract period. Customer is free to get back up of call records at the end of each month
6.2. Telecommunication Fees● Telecommunication Fees will be charged seperately according to the official price list of the telecom operator which shall provide the DID number and related services for the Customer’s
● At all times a minimum outstanding balance of $ 100 should be secured in the Customer’ account for telecommunication expenses All changes and additional costs by the telecom operator regarding the telecommunication costs will be reflected to the Customer’s invoice without prior notice.
6.3. Terms of PaymentPayments are due in advance annually. Customer must have a credit card on file to qualify for annual payments. Service will not start until the payment is received. Services will be terminated if payments are not received within the terms, after serving a seven days notice via email or fax. AloTech shall charge 0.5% monthly interest over invoice amount without any warning in case the service fee isn’t paid on time, inaccurate amount or no payment is made.
7. INTERNATIONAL NATURE OF THE SERVICESCustomer agrees to familiarize himself/herself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under his/her account, including without limitation the content of the messages and broadcasts that he/she creates and initiate through AloTech services. Without limiting the foregoing, Customer shall agree to familiarize himself/herself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the AloTech Services by visiting the following websites if resident in USA:
DoNotCall Registry Info, The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. AloTech is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using the AloTech Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns. You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts, and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the AloTech Sites or Services. You accept that the Services are provided for professional use only, and you agree that your use of the AloTech Sites or Services shall not include:
Sending unsolicited marketing messages or broadcasts (i.e. spam);
Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
Harvesting, or otherwise collecting information about others, without their consent;
Misleading others as to the identity of the sender of your messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;
Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
Interfering with another’s use and enjoyment of the Services or AloTech Sites; or
Engaging in any other activity that AloTech believes could subject it to criminal liability or civil penalty/judgment.
You agree to provide legal contact information in any outbound campaign within the initial greeting message. You further agree that AloTech is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and AloTech will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. You will provide your own sound files for all outbound campaigns. AloTech will not be liable for any misuse of the Services by you. AloTech is not responsible for the views and opinions contained in any of your messages or broadcasts. Customer will not purposely route calls to high cost non-RBOC (Regional Bell Operating Company) areas for origination or termination of telecommunications traffic on the AloTech system. Calls may be monitored and reported upon each billing cycle to ensure sound traffic patterns. Excessive routing of high-cost calls will be addressed to customer by AloTech and fines may be assessed to recover excess charges from AloTech VoIP termination companies.
8. FORCE MAJEUREAloTech shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of AloTech. In addition, AloTech shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services.
9. AUTHORIZED USE9.1. Customer may not remove, obscure, or alter any notice of any AloTech trademark, service mark or other intellectual property or proprietary right appearing on the AloTech Website or contained within the platform that encompasses the Services.
9.2. AloTech may make available to Customer, for Customer installation, copying and/or use in connection with the Services, from time to time, a variety of software, data and other content and printed and electronic documentation (the “AloTech Properties“). Subject to Customer acceptance of these Terms of Services on-going compliance with its terms and conditions with respect to the subject Services, and payment if and as required for Customer right to use the subject Services, AloTech hereby grants to Customer, without the right to sublicense, a limited, non-exclusive, non-transferable license during the Term of these Terms of Services, under AloTech’s intellectual property or proprietary rights in the AloTech Properties, only to install, copy and use the AloTech Properties solely in connection with and as necessary for Customer’s use of such Services and solely to the extent in compliance with all the terms and conditions defined herein.
9.3.The AloTech Properties may include, without limitation:
(i) The AloTech Website;
(ii) AloTech APIs and AloTech Mark-up Language;
(iii) Specifications describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of a Service and its related APIs and technology.
9.4. Alotech hereby grants to Customer a non-transferable, non-sublicenseable, non-exclusive license during the Term of these Terms of Services to display the trade names, trademarks, service marks, logos, domain names of AloTech (each, an “AloTech Mark“) for the purpose of promoting or advertising that Customer uses the Services. In return, Customer hereby grants AloTech a non- transferable, non-sublicenseable, non-exclusive license during the Term of these Terms of Services to display Customer trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that Customer uses the Services.
In using AloTech Marks, Customer may not:
(i) display an AloTech Mark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by AloTech;
(ii) use AloTech Marks to disparage AloTech or its products or services; or
(iii) display an AloTech Mark on a site that violates any law or regulation.
Notwithstanding the above, AloTech may determine in its sole discretion whether its AloTech Marks may be used in connection with Customer Applications. Furthermore, AloTech may modify any AloTech Marks provided to Customer at any time, and upon notice, Customer will use only the modified AloTech Marks and not the old AloTech Marks. Other than as specified in Terms of Services, Customer may not use any AloTech Mark unless Customer obtains AloTech’s prior written consent. 9.5. The rights granted by AloTech in these Terms of Services with respect to the AloTech Properties, the AloTech Marks and the Services are nonexclusive, and AloTech reserve the right to:
(i) act as a developer of products or services related to any of the products that Customer may develop in connection with the AloTech Properties or via Customer use of the Services; and
(ii) appoint third parties as developers or systems integrators who may offer products or services which compete with Customer Applications.
9.5. Notwithstanding the above, and without limitation to any other provision of these Terms of Services, AloTech shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur with respect to loss of data associated with Customer account and data therein.
10. INTELLECTUAL PROPERTY10.1. As between AloTech and Customer, AloTech owns all patent, copyright, trademark, trade secret and other intellectual property rights that may exist
(i) in the Services, the AloTech equipment and network that may be utilized to provide the Services,
(ii) any software or hardware provided by AloTech to Customer to facilitate Customer’s utilization of the Services,
(iii) any domain names provided by AloTech in connection with the provision of the Services, and
(iv) any information, data, trends, analyses, metadata or other data which may be derived from any of the foregoing that is derived or created by AloTech by reference to the Services, AloTech’s network and Customer’s usage of the Services.
10.2 Other than the limited use and access rights and licenses expressly set forth in these Terms of Services, AloTech reserves all right, title and interest (including all intellectual property and proprietary rights) in and to:
(i) the Services;
(ii) the AloTech Properties;
(iii) the AloTech Marks; and
(iv) any other technology and software that AloTech provides or uses to provide the Services and the AloTech Properties. Customer does not, by virtue of these Terms of Services or otherwise, acquire any ownership interest or rights in the Services, the AloTech Properties, the AloTech Marks, or such other technology and software, except for the limited use and access rights described in these Terms of Services.
10.3. In the event Customer elects, in connection with any of the Services, to communicate to AloTech suggestions for improvements to the Services, the AloTech Properties or the AloTech Marks (collectively, “Feedback“), AloTech shall own all right, title, and interest in and to the same, even if Customer has designated the Feedback as confidential, and AloTech shall be entitled to use the Feedback without restriction. Furthermore, any other content or information Customer posts or provides to AloTech via comments, forums, emails and the like (collectively, “Communications“) shall be considered the property of AloTech. Customer hereby irrevocably assigns all right, title and interest in and to the Feedback and Communications to AloTech and agrees to provide AloTech such assistance as AloTech may require to document, perfect, and maintain AloTech’s rights to the Feedback and Communications.
10.4.During and after the Term, with respect to any of the Services that Customer elects to use, Customer will not assert, nor will Customer authorize, assist, or encourage any third party to assert, against AloTech or any of AloTech’s affiliates, customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of AloTech), sub licensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.
11 – REPRESENTATIONS AND WARRANTIES; DISCLAIMERS; LIMITATIONS OF LIABILITY