Terms & Conditions
1.1 These terms and conditions (“Conditions”) govern the agreement between The dialer360 (“us”, “we”) and the individual or organisation applying for Goods or Services (“you”).
1.2 You can contact us at support@dialer360.com or by phone: USA (+1) 310 807 0217 — UK (+44) 203 769 6777.
1.3 Headings are for guidance only and not legally binding.
1.4 These Conditions override inconsistent Website material.
1.5 Key definitions: Agreement, Cancellation Period, Data, Goods, Internet, Minimum Period, Personal Data, Regulations, Services, Start Date, Website.
2. Changes
2.1 We may alter Conditions with prior Website notice.
2.2 Renewals are subject to current Conditions.
3. Agreement Start
3.1 Agreement starts on activation or first use. Goods obligations start on receipt.
3.2 Supplier: The dialer360. Prices update periodically. Complaints: see clause 7.
3.3 Cancellation: Goods — 7 working days from receipt; Services — 7 working days from contract. Not valid once performance begins.
3.4 Goods must be returned; return costs borne by you unless statutory rights apply.
4. Security
4.1 Keep login details secure, notify us of unauthorised access, and take reasonable security steps.
5. Services
5.1 We will supply Services with reasonable skill and care.
5.2 No guarantee of uninterrupted, error-free, or secure Services, nor completeness of Data.
5.3 We do not back up Data; disaster recovery copies are best-effort only.
5.4 Services may be suspended for maintenance or improvement without notice.
5.5 Telephony & Emergency Calls: VoIP may not provide all line features; may be unavailable due to ISP, power, weather; emergency calls may fail; keep an alternative method for 999/112.
5.6 Support & Dialer Disclaimer: Our dialer platform is provided as help/support. Downtime, misconfigurations, or missing recordings may occur due to technical or staff mistakes. We are not liable for any losses, claims, or damages.
5.7 Business Outcome Disclaimer: We provide a technology platform only. We do not guarantee revenue, sales, or campaign success. No liability for income loss or missed opportunities.
6. Sale of Goods
6.1 Delivery/installation dates are estimates. Payment as per clause 15.
6.2 Risk passes on delivery; ownership after full payment. Goods must be inspected on receipt.
6.3 If you fail to accept delivery, you are liable for resulting costs.
6.4 Transit loss/damage must be noted and notified within 5 days. Liability limited to replacement.
6.5 Guarantee: typically 1-year manufacturer; no liability for consequential loss. Proper storage/use required.
6.7 Sale or Return: Goods deemed purchased if not returned within 30 days.
6.8 Business returns need prior consent; statutory rights unaffected.
6.9 Overseas customers bear duties/taxes.
7. Complaints
7.1 We operate a complaints procedure. First contact support@dialer360.com. If unresolved: escalate to Customer Service Manager, then Managing Partner.
8. Your Obligations
8.1 Follow our reasonable instructions.
8.2 Provide up-to-date contact details.
8.3 You are responsible for all usage under your login.
8.4 Back up your Data regularly.
8.5 You remain liable for fraudulent calls; we may block suspicious traffic without notice.
8.6 We may request information to confirm compliance; we may share with regulators.
8.7 You must indemnify us against breaches or claims arising from your actions.
8.8 You and your agents must comply with all applicable regulations.
9. Restrictions
9.1 No unlawful use of Services.
9.2 No transfer/upload of malicious code or spam.
9.3 No infringement of third-party rights.
9.4 Fair Usage: Excessive resource use, spam, fraudulent traffic, or activities harming carriers may result in immediate suspension/termination without refund.
10. Data & Personal Data
10.1 We may access/copy/delete Data if required by law, under these Conditions, or if prohibited Data is involved.
10.2 Personal Data is processed per our Privacy Policy and you consent to such processing.
10.3 Retention: Call records are kept for 3 months. If you require longer, you must notify us in writing in advance.
10.4 Extra Security & Backup: Standard dialer hosting does not include advanced backup, redundancy, or enhanced security. If you require extended retention, encryption, or disaster recovery assurance, you must request this separately in writing. These services are chargeable under a separate agreement.
10.5 Support Staff Access: You acknowledge and agree that our authorised support staff may, from time to time, access the dialer platform, reports, call records, and/or recordings strictly for the purpose of delivering better quality of service, diagnosing issues, ensuring compliance, and preventing misuse or fraudulent activities (including scams). Such access is limited to service and compliance purposes only, and all staff are bound by confidentiality obligations.
10.6 No Commercial Use of Dialer Data: We do not sell, monetise, or otherwise use your dialer data (including contacts, call records, or recordings) for our own commercial purposes. Your data is processed solely to provide, maintain, and support the Services and to meet legal or regulatory obligations.
10.7 Platform Security & Audit Logs (VICIdial): Our hosted dialer environment is based on VICIdial. VICIdial provides role-based access controls, activity logs, and system logging designed to support auditing and compliance. We operate reasonable administrative, technical, and organisational measures to help protect your data; however, no system can be guaranteed 100% secure.
10.8 Fraud, Scam & Illegal Use: If we reasonably believe that you, your agents, or your end-users are engaged in fraudulent activity, scams, or any illegal use of the Services, we reserve the right to terminate or suspend Services immediately without notice. No refunds will apply in such cases, and you will remain liable for any charges incurred up to the point of termination.
12. Limitation of Liability
12.1 Nothing excludes liability for death, personal injury, or fraud. Consumer rights unaffected.
12.2 Liability is capped at Goods price or 75% of Services paid in the past 6 months.
12.3 No liability for economic loss, goodwill, indirect or consequential loss, or Data loss.
12.4 No liability for third-party goods/services.
12.5 All implied warranties excluded to fullest extent allowed by law.
12.6 Hosted Environment Disclaimer: Services are best-effort. We are not liable for downtime, latency, lost recordings, or business losses due to technical issues or staff errors.
12.7 Server Crash & Misuse Disclaimer: In the event of server crashes, misuse of servers, or security risks (including hacking, unauthorised access, or breaches), Dialer360 is not responsible for any loss, damage, or interruption. You are responsible for secure use of your account, credentials, and data.
12.8 VoIP vs Dialer Hosting Liability: VoIP charges reflect call traffic usage and may be substantial, while dialer hosting/support is billed at a much lower fixed fee. Any damages, liability, or claims arising from dialer downtime, misconfigurations, or lost recordings are limited strictly to the dialer hosting/support fees paid. Under no circumstances shall VoIP traffic spend be considered in calculating damages for dialer services.
13. Indemnity
13.1 You indemnify us against all claims, damages, or costs arising from your use of Goods, Services, or breach of Conditions.
14. Payment
14.1 Fees must be paid when ordering Goods or renewing Services. All fees non-refundable unless stated.
14.2 Payment methods: Direct Debit, cheque, BACS, credit/debit card.
14.3 Services may be monthly or annual. Payment in advance unless credit terms agreed.
14.4 Payment without deduction/set-off.
14.5 Non-payment → account suspension at 14 days, deletion at 30 days.
15. Duration & Termination
15.1 Contracts are rolling monthly after the initial period.
15.2 Either party may terminate with 30 days’ notice.
15.3 Immediate termination possible for breach, insolvency, or regulatory requirement.
15.4 On termination: services stop; licences end; Data may be deleted.
16. Confidentiality
16.1 Both parties must keep Confidential Data private.
16.2 Exceptions include public domain data, legal requirements, disclosures to staff/advisers, etc.
17. Notices
17.1 Notices must be sent to our email support@dialer360.com.
17.2 We send notices to your last known contact details.
17.3 Delivery deemed received depending on method (hand, email).
18. General
18.1 These Conditions are the entire agreement. Oral/agent representations not binding.
18.2 If part of Conditions is void, rest remains valid.
18.3 You cannot assign without our written consent; we may assign/subcontract.
18.4 No liability for failure/delay due to circumstances beyond control.
18.5 Delay in exercising rights is not a waiver.
18.6 No partnership/joint venture created.
19. Law
19.1 This Agreement is governed by applicable law and subject to relevant courts.
20. Non-Usage Policy
20.1 Non-usage: If no usage for 7 days, an automated reminder email is sent. If still unused for 14 days, a 2nd warning email is issued. If still inactive after 16 days, account is suspended within 48 hours and Data is deleted.
