Terms & Conditions

1. Scope of Services:
a. The User may obtain the Services by either registering on the Company website "www.Actualcorp.com"or may directly approach the Company and avail the Services. This Agreement consists of the terms and conditions (hereinafter the "Terms" or "Terms of Service").
b. The Services shall be utilized strictly for lawful purposes in accordance with the terms as provided hereinbelow. Further, the User shall ensure not to transmit using the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give right to civil liability or otherwise violate any applicable law.
c. The Company reserves the right to update or modify the Terms of Service, as provided hereinbelow, any time during the Term of this Agreement without any prior notice to the User and which may include adding or withdrawal of Service.The use of the Services after any such modifications shall constitute an agreement to use Services with any objections by the User.
d. The Company and its Services are governed by regulatory norms of the Telecom Regulatory Authority of India (TRAI), Department Of Telecommunication of the Government of India (DOT) and other authorities. Certain Services may be withdrawn by the Company in compliance with the law, without prior notice to the User.
e. The User shall be responsible to be in strict compliance with the rules and regulations of the Telecom Regulatory Authority of India (TRAI) and Department Of Telecommunication of the Government of India (DOT). Any violation will lead to immediate termination of Services without any claims, liability and protection in any manner, either to the User or any third party.
 
2. Terms of Use
a. User agrees to use the Services only for the purpose of engaging IVR services, call forwarding, call recording and voice-mail services or sending and receiving fax or email messages or any material that is appropriate and, when applicable, related to the particular Service. The User shall use the Services for lawful purposes and the usage of the services will be in compliance with applicable laws and regulations.
b. User shall not use the Services for purposes that is unlawful or prohibited by this Agreement or the policies of the Company. User may not use the Services in any manner that may damage, disable, overburden, or impair the Company Services, telephonic numbers and servers, or the network(s) connected to any Company server. Additionally, the User shall be responsible at all times to ensure that the Services shall not be utilized in any manner as detailed below:
- in connection with conducting any surveys, contests, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- advertise or offer to sell or buy any goods or services or use the Services for tele-marketing unless such Services specifically allows such messages;
- use the Services to contact any persons registered on the "Do Not Disturb" list under the Telecom Commercial Communication User Preference Regulations, 2010 or any amendments thereto;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information through fax;
- restrict or inhibit any other User from using and enjoying the Services;
- create a false identity for the purpose of utilizing the Services and misleading others.
c. In the event the user is deemed to have utilized the Service for any unlawful use or in a manner as provided above, then the Company has the right to Execute and Realise the payments due from the Indemnity Bond (as defined at Clause 5) and to immediately terminate use of the Services, without prior notice to the User. In the event any penalty is levied on the Company for unlawful usage of the Services by the User or for utilizing the Services in the manner detailed in this clause 2 then, the User shall be liable to pay the penalty to the Company along with any claims made by any third party against the Company.
 
3. Data Protection & Privacy
a. The Company shall have the right to maintain records and data acquired through the use of Services by the User, however, the Company shall at all times use its best efforts to maintain privacy of the User's information and the data collected during the Term from the use of Services and shall not disclose such information to the third party without prior consent of the User.
b. The User understands that the Services of the Company may be compromised at any time during the term of this Agreement due to act of any third party, such as interception of calls and hacking of the Company servers, and which would be beyond the control of the Company and which may impact the privacy of the User. The User hereby understands and agree to waive all liabilities and claims against the Company arising from such events.
 
4. Representation and Warranties
a. The Company represents and warrants to the User that:
- the company has been validly existing under the laws of India and eligible to provide the Services under this Agreement.
- to the best knowledge of the Company, Services do not contain any program, or other internal component which could damage, destroy, or alter any data or other information accessed through or processed by the User in any manner.
b. The User hereby represents and warrants to the Company that:
- the User has been validly existing under the laws of India and eligible to obtain Services under this Agreement.
- upon executing, this Agreement shall form a valid binding obligation enforceable against the User.
- it shall not utilize the Services in any manner except for the purposes specifically permitted under this Agreement or any prior agreement entered into with the Company or specific purposes detailed by the Company separately and such purposes shall automatically form part of this Agreement.
- the User is in strict compliance with the rules and regulations of the Telecom Regulatory Authority of India (TRAI) and Department Of Telecommunication of the Government of India (DOT) upon executing this Agreement and shall continue to responsible to be in compliance with the rules and regulations of the Telecom Regulatory Authority of India (TRAI) and Department Of Telecommunication of the Government of India (DOT) from time to time.
 
5. Indemnity
User shall indemnify and keep the Company indemnified with respect of any actions, claims, costs, damages, demands, expenses, losses and liabilities made against, suffered and /or incurred by the Company arising directly or indirectly from or in connection with breach of obligations by as contained herein. The User agrees to defend and indemnify the Company and his/her/its officers and directors, employees, agents, and representatives from any and against all losses, claims, costs, liabilities, or expenses incurred, whether based in claims of tort or contract (including court costs and attorney fees) incurred or sustained due to related to or arising out of utilizing cloud telephony services including IVR services, call forwarding, call recording and voice-mail services or sending and receiving fax or email messages or any material that is appropriate and, when applicable, related to the Service, collection of data, usage of data, or breach of any of the terms hereof any negligence, or any fraud, violation of rules and regulations of the TRAI and DOT or breach of confidentiality, leading to a third party claim. The User hereby agrees to indemnify the Company to an amount of of Rs. 500,000 (Rupees Five Lakhs), as Indemnification Due upon legal claims due to violations committed by the User upon Use of the Services; in the manner as provided at Annexure 1 hereto (the "Indemnity Bond"). The user understands that the Indemnity Bond shall not restrict any rights to any other claims to damages of the Company which it may have under applicable law.
 
6. Confidentiality
a. The Parties recognize and acknowledge that there may be made available to it Confidential Information relating to the other Party for fulfillment and rendering Services during the Term of this Agreement. The Parties will not, during or after the Term of this Agreement and for a period of 2 (two) years after the termination of this Agreement, disclose any Confidential Information to any person, firm, corporation, association or other entity for any reason or purpose whatsoever without the prior written consent of the other Party.
b. Confidential Information does not include information that (i) is known to the Parties at the time of disclosure to such Party by the other Party, (ii) has become publicly known and made generally available through no wrongful act of such Party or (iii) has been rightfully received by either Party from a third party who is authorized to make such disclosure.
 
7. Fair Usage Policy
With effect from January 26, 2013, the Actualcorp Communications Pvt. Ltd. (KCPL) has decided to use its extensive network capacity to offer its Super Receptionist (SR) customers, unlimited forwarding of calls to agents (Leg B) located anywhere in India.
In line with the practice followed by major international cloud telephony providers and in our continuous endeavor to provide best possible telephony experience to all our customers, KCPL adopts a Fair Usage Policy (KCPL FUP) with an intent to ensure that no one is placed in an undue position so as to be able to use his SR connection in such a manner to unreasonable and excessive levels, causing network congestion and service quality resulting into inconvenience to the large set of customers.
KCPL FUP is applicable to all our existing tariff plans which have unlimited Leg B forwarding, unless specifically withdrawn or additional plans included at the discretion of KCPL. Taking into consideration the maximum reasonable usage required by the average user, KCPL has established 1000 minutes of monthly call forwarding on each channel, as threshold (Fair Usage Limit) for all unlimited tariff plans. Leg B includes call forwarded from Actualcorp server to agents at customer’s end for a) incoming calls, and b) outgoing calls originated through our Click to Call service.
Call forwarding in excess of Fair Usage Limit shall be treated as a violation of KCPL FUP. Upon such violation of FUP, KCPL shall contact the customer to understand whether his excessive and unreasonable usage was due to any system problems like virus infection, etc., If the customer continues to violate FUP by further unreasonable levels of use resulting into undue problems for other customers in terms of network congestion, the customer is encouraged to check his usage or increase the number of channels based on customer’s consumption needs.
Despite the above, if the customer is found intentionally violating KCPL FUP, continuing with his Leg B forwarding with unreasonable levels of use without increasing number of channels, KCPL reserves the right to suspend or terminate the customer’s account immediately.
 
8. Miscellaneous Provisions:
a. Force Majeure: Neither Party shall be liable to the other for delays or failures in performance of Services resulting from causes beyond the reasonable control of that Party, including, but not limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication or utility failures, or casualties.
b. Entire Agreement: This Agreement constitutes the entire agreement between the User and the Company and pertains to the subject matter hereof and supersedes in their entirety over all other written or oral agreements between the Parties.
c. Severability: If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and continue to operate in full force and effect.
d. User is an independent contractor. Nothing in this Agreement shall create any association, partnership, joint venture or agency relationship between the parties. User shall be solely responsible for the payment of any compensation due to its employees or representatives. User shall not and shall not attempt to incur any liability on behalf of Company and shall not hold itself out to any person as being able to do so.
e. The rights and obligations of User under this Agreement are personal. User shall not and shall not attempt to assign or otherwise deal with them without the prior written consent of Company. User shall not and shall not attempt to sub-contract its obligations under this Agreement without the prior written consent of . Company may assign, sub-contract and deal with this Agreement in its discretion
f. Governing Law: This Agreement shall be governed and construed in accordance with the laws of India. Any dispute regarding or arising under this Agreement shall be subject to the exclusive jurisdiction of the courts in Delhi, India.