eRecord Recording Services.
This sets out the terms on which eRecord Limited (registered in England with number 4942892) provides various telecommunication Call Recording services. eRecord will provide telecommunication Call Recording services (the "Recording Service") to you, the customer with whom we make this Contract ("you"). By using the Recording Service you agree to the following terms and conditions.
1. Definitions and Interpretation
The following definitions apply to the Recording Service to which you subscribe under this Contract (unless the context requires otherwise):
Recording Calls
"Access Number" means the telephone number we have provided to you to call in to the Recording Service, in certain cases, calling the Access Number may include a charge for the Recording Service (Premium Rate Access Number) in the cost of the call charged by your telecommunication services operator.
"User ID" means your individual User Identity allocated by us to access your Account on the Recording Service;
"Pass Code" means the security number we have provided to you (which you can renew but not modify) to prevent unauthorised use of your account;
Access to Website
"User Name" means the individual name, based on the email address given by you at registration, to access your account on the website;
"Password" means the security word we have provided to you (which you can renew but not modify) to prevent unauthorised use of your account;
General
"Contract" means the contract application which you agreed on the telephone or completed on one of our websites (www.Tel-e-Log.co.uk or www.Tel-e-Log.com ), these Terms and Conditions and the Price List;
"Fixed Line Network" means the telecommunications network(s) over which we provide the Recording Service;
"Recording Service" means the Recording Service provided to you from time to time by eRecord under the terms of this Contract, enabling you to record telephone conversations using your User ID and Pass Code;
"Pay As You Record Call Plan" means the Recording Service plan that entitles customers to make unlimited recordings from any telephone using a Premium Rate Access Number (click here to review the "Pay As You Record Call Plan");
"Minutes Included Call Plan" means the Recording Service plan that includes a pre-set number of recording minutes for a fixed monthly fee. Additional minutes are charged at the "Additional Minutes Rate" (click here to review the "Minutes Included Call Plan");
"Price List" means the list(s) of Charges current at the time you use the Recording Service as published on our website;
"User Guide" means any guide or guides published by us, which give(s) instructions about and information on the Recording Service; "we" and "us" means eRecord Limited and/or our agent(s).
2. When this Contract begins
2.1 The Contract begins when we confirm to you our acceptance of your application. Upon acceptance of your application, we will send you a User Guide (including a copy of these Terms and Conditions and the then current Price List).
2.2 You must: (i) be at least 18 years old to enter into this Contract.
2.3 Any "Minutes Included Call Plan" will include a minimum contract period (Click here to review the Minutes Included Call Plan).
3. Right to Cancel the Contract
3.1 You may cancel your Contract for the Recording Service within 7 working days of acceptance of your application (the "Cooling Off Period").
3.2 If you want to cancel your Contract, you must call our Customer Services Team (please see the User Guide for details) to confirm cancellation before the Cooling Off Period expires. If you do not call our Customer Services Team to confirm your cancellation, we may not be able to recognise or process your cancellation.
3.3 If you have used the Recording Service during the Cooling Off Period, you may still cancel your Contract but you must pay any Charges that you have incurred.
3.4 If you choose to cancel your contract after the Cooling Off Period, and you are a Minutes Included Call Plan customer you will be charged the rate for the minimum contract period.
4. The Services we provide
4.1 We shall provide the Recording Service to you in accordance with this Contract and as described in the User Guide and any other instructions we give you from the date you are connected to the Recording Service. We will endeavour to connect you to the Recording Service within 48 hours of our receipt of your application for the Recording Service, but we do not warrant that you will be connected to the Recording Service by then. Once connected, you will be able to access the Recording Service: by dialling the Access Number and following the corresponding procedure set out in the User Guide. You may access your call recordings by visiting one of our websites and entering your Account Number and Password (as set out in the User Guide
4.2 The Recording Service is made available to you on the condition that you do not: (i) re-supply, resell or otherwise make the Recording Service available to any person on a commercial basis; or (ii) use the Recording Service or allow the Recording Service to be used for any purposes outlined in clause 5.3 below.
4.3 We may select and at any time change any carrier or other service provider for the purposes of providing, and you authorise us to give all notices, nominations and other authorisations that are necessary for us to provide, the Recording Service to you.
4.4 Whilst we provide the Recording Service to you, you authorise us to act on your behalf in all dealings with the operator of any telecommunications network or system over which we provide the Recording Service in connection with any matter that enables us to provide or to continue to provide you with the Recording Service.
4.5 We cannot guarantee that the Recording Service will be free of faults or interruptions, timely or secure to the extent the Recording Service may be affected by things we cannot control, such as lack of network capacity, physical obstructions or atmospheric conditions.
4.6 We shall provide the Recording Service with reasonable skill and care. If you do experience a problem or suspect a fault you should first telephone our Customer Services Team. We shall not in any circumstances be responsible for any other charges you incur any other third party as a result of any problem or fault with the Recording Service.
4.7 If you have a complaint regarding the Recording Service you may contact our Customer Services Team. You may also refer any complaints regarding the Recording Service to OFTEL.
5. Your Use of the Recording Service
5.1 You must: (i) use the Recording Service; and (ii) ensure that anyone who uses the Recording Service we provide to you does so; in accordance with this Contract, the User Guide and any other instructions we give to you from time to time. This shall also include compliance with the Terms Of Use of any of our Web Sites: www.tel-e-log.co.uk, www.Tel-e-Log.com, or any other site provided by us),
5.2 You must at all times keep the Password for your account confidential and secure, and you must tell us immediately if the password is disclosed to any unauthorised person. You acknowledge that: (i) we may disclose any information in connection with your account to anyone who correctly quotes your Password; and (ii) our automated billing reminder/information announcements and/or other information will be heard by anyone accessing the Recording Service.
5.3 You shall not use, nor allow any other(s) to use, the Recording Service:
a. for any improper, immoral or unlawful purpose (see our Guidance Notes on use of recording services);
b. to send a communication which is, or is intended to be, a hoax call to emergency services, or which is defamatory, offensive, abusive, obscene or menacing;
c. to violate or infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person;
d. in such a way that may damage or affect the operation or quality of the Recording Service, or any telecommunications system used to provide the Recording Service; or
e. fraudulently or illegally.
5.4 If you do not or any other person using the Recording Service with your permission does not comply with any provision of this clause 5, you will indemnify us for any claims, losses, damages, costs, liabilities and expenses (including, without limitation, any legal costs and expenses) which we may suffer or incur as a result of any such non-compliance. If you discover that someone else has used the Recording Service supplied to you without your or our permission, you should notify our Customer Services Team at the first possible opportunity, otherwise you may be held liable by us for any losses that you suffer or incur as a result.
6. Charges and Payment
6.1 We will bill you for the Recording Service in accordance with the relevant terms, tariffs, rules and Charges applying at the time the Recording Service is used.
6.2 We may vary any Charges or rates, and/or charge to you any taxes or duties imposed in relation to the Recording Service, at any time by posting the resulting price changes on our website or otherwise giving you notice. You can contact our Customer Services Team and request details of our prices or any price change at any time. We will give you at least 5 calendar days' notice before any price change under this clause 6.2 takes effect.
6.3 All Charges are subject to any applicable UK tax or duty, including Value Added Tax, at the prevailing rate.
6.4 Subject to clause 6.5 below, we will bill you for and you must pay the Charges incurred for the Recording Service supplied to the service number(s) nominated by you. There is a minimum one-minute call Charge in respect of any call made using the Recording Service. The Recording Service is billed in one-minute increments with partial minutes of usage rounded up to the next full minute. All call Charges are rounded to the nearest penny.
6.5 You accept that: (i) any use of the Recording Service by any person to make telephone calls using your Account Number and Password is deemed to be authorised by you; and (ii) we will bill you for and you are responsible for payment of any Charges arising from any such use unless, upon becoming aware of such use, you notify our Customer Services Team at the first possible opportunity that someone is using the Recording Service using your Account Number and Password.
6.6 We will normally send you bills for the Recording Service on a monthly basis. We may vary billing frequency or demand payment at any other time by giving you prior written notice. We will endeavour to bill you for use of the Recording Service supplied by eRecord within 6 months of such use.
6.7 Unless we have agreed otherwise, payment is due in full for use of the Recording Service on your account and you must pay any bill for Charges arising from such use by the due date specified in the bill.
6.8 You may elect to have your bills paid by way a direct debit from (i) a bank account held by you at an approved f you provide false or inaccurate information to us and we suspect fraud, we will record this and may share it with third parties. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.
6.9 If you pay the Charges (i) by cheque, credit card, debit card or direct debit and your bank or credit card company refuses to make payment or (ii) in a currency other than pounds sterling, we will charge you for any bank charges, approved financial institution fees and/or any other extra administration costs that we incur as a result.
6.10 If you do not pay any bill(s) on time, we may: (i) suspend or terminate (at our discretion) the Recording Service provided to you; and/or (ii) charge you interest on the overdue amount(s) at the rate of 3% per annum above Lloyds Bank plc base rate. Interest is calculated and accrues daily. We may charge an administrative fee of £5 (which we may vary from time to time in accordance with clause 9 below) to cover costs that we incur as a result of payment(s) being received after the due date.
7. Credit Limit / Security Payment
7.1 We may, at our sole discretion and at any time, impose a credit limit on your account and/or require payment of a security deposit or interim payment by you.
7.2 Any credit limit imposed can be amended without prior notice. If you exceed any such credit limit: (i) we may demand immediate payment of the Charges and/or suspend the Recording Service; and (ii) you will still be responsible for all Charges incurred including those exceeding the credit limit.
7.3 If at any time we require you to pay a security deposit under clause 7.1 above, we may: (i) suspend provision of the Recording Service until we receive payment of the security deposit; and (ii) at any time apply the security deposit (once paid) to meet any cost, loss or liability incurred as a result of any failure by you to comply with these terms or to pay any amount you owe to us.
8. Our Rights to Suspend the Recording Service
8.1 We can at our discretion suspend your access to the Recording Service immediately:
a. if we are entitled to under clause 6.1, 6.10, 7.2 or 7.3 above;
b. if we are required to do so by the Government, an emergency service organisation or any other competent body or authority;
c. for repairs, maintenance or improvement; or
d. if we have good reason to suspect fraudulent activity or misuse of the Recording Service or any other breach by you of this Contract.
8.2 We will normally inform you first if we are going to suspend your access to the Recording Service.
9. Changing the Contract
9.1 This clause 9 applies to all changes to this Contract, except changes to Charges which are dealt with in clause 6.2 above.
9.2 Subject to clause 9.1 above, we may vary the terms and conditions of this Contract at any time by posting the changes on our website. We will only do this if we have a valid reason, for example to reflect changing arrangements with any operator of any telecommunications network or system over which we provide the Recording Service or changing legal, regulatory or business requirements. You agree that, if you decide to use the Recording Service after any amendments to the terms and conditions of this Contract have been posted on our website, you will be bound by the terms and conditions of this Contract as varied.
10. Ending the Contract
10.1 You may end this Contract for the Recording Service by giving us 7 calendar days' prior notice.
10.2 We may end this Contract for the Recording Service: (i) by giving you 30 calendar days' prior notice; or (ii) immediately if:
a. you do not pay any Charges on time or you breach a materially important term or condition of this Contract (including, without limitation, any provision of clause 5 above);
b. you breach any term or condition of this Contract that does not fall within sub-clause 10.2(a) above and do not put it right within 7 calendar days of being asked to do so;
c. you fail any credit or fraud prevention check referred to in clause 13.3 below or we have good reason to suspect fraud or money laundering as set out in clause 13.4 below;
d. we have good reason for believing that any information you have given us is false or misleading;
e. you are the subject of any bankruptcy or insolvency proceedings; or
f. despite our reasonable efforts the Recording Service is no longer available to us.
10.3 If this Contract ends for any reason: (i) we will terminate your access to the Recording Service; (ii) we will send you a bill for all unbilled Charges for telephone calls made prior to termination of your access to the Recording Service and, subject to Clause 6.5 above, you must pay the bill by its due date; and (iii) neither you nor Tel-e-Log shall lose any rights accrued under this Contract prior to it ending.
11. Our Responsibilities to you
11.1 We do not in any way exclude or limit: (i) our liability for death or personal injury caused by our negligence or that of our agents; (ii) any liability under Part 1 of the Consumer Protection Act 1987; or (iii) any liability that cannot by law be excluded or limited.
11.2 If (subject to clause 5.4 above and this clause 11) you suffer any other loss or damage under or in relation to this Contract, our liability will be limited to £100,000 per incident or series of connected incidents and £500,000 in any 12-month period.
11.3 We will not in any event be responsible or liable for: (i) any faults, damage or maintenance to your telephone line; (ii) any economic loss (including any loss of profit, revenue, business, contract, anticipated savings, goodwill or data or any other financial loss); or (iii) any indirect or consequential loss or damage.
11.4 Subject to clause 11.1 above, we: (i) make no warranties, conditions, guarantees or representations as to quality or fitness for a particular purpose of the Recording Service or any other warranties, conditions, guarantees or representations whether express or implied, oral or in writing, except as expressly stated in this Contract; and (ii) exclude all liability for the accuracy (or inaccuracy) of any material or other information provided or made available by us or any third party in relation to the Recording Service.
11.5 Each provision of this clause 11 operates separately. If any such provision is disallowed or found to be ineffective by any Court, regulatory body or other competent authority the other provisions will continue to apply.
12. Events Beyond our Control
We shall not be responsible for any delay or failure to carry out our responsibilities under this Contract for reasons beyond our reasonable control, including for example acts of God, exceptionally severe weather, industrial disputes, failure or shortage of power supplies, act of terrorism or riot, war, default or failure of a third party (including any network operator or service provider) or their telecommunications systems or government actions.
13. Use of Personal Information
13.1 Information you provide or we hold about you (whether or not under our contract(s) with you) may be used by us and/or agents to:
a. identify you when you make telephone enquiries;
b. help administer, and contact you about improved administration of, any accounts, services and products provided by us previously, now or in the future;
c. carry out marketing analysis and customer profiling (including with transactional information) and create statistical and testing information;
d. help us to prevent and detect fraud or loss; and
e. contact you by any means (including mail, email, telephone or text or multimedia messages) about other services and products offered by us and carefully selected partners. We will only contact you in this way if you have previously indicated your consent.
13.2 We may disclose information we hold about you to third parties for the purpose of providing services you have requested, as part of the process of sale of one or more of our businesses, or where legitimately requested for legal or regulatory purposes, as part of legal proceedings or prospective legal proceedings. From time to time, these third parties may be located outside the EEA in countries which do not have the same standards of protection for personal data as the UK.
13.3 We will check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this. We and other third party organisations may use and search these records to:
a. help make decisions on credit or credit related services for you and members of your household;
b. help make decisions on motor, household, credit, life and other insurance proposals and insurance claims for you and other members of your household;
c. trace debtors, recover debt, prevent fraud, and to manage your accounts or insurance policies; and
d. check your identity to prevent money laundering unless you give us other satisfactory proof of identity.
13.4 You should also note that communications with you (including phone conversations and emails) may be monitored and recorded by us for quality assurance, legal, regulatory and training purposes.
13.5 In connection with this Contract we may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies. We and they may retain a record of the search. Information held about you by such agencies may be linked to records relating to other persons living at the same address and such records will be taken into account in credit and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household and for debt collection and fraud prevention. This includes those who have moved house and who are in default.
13.6 If you provide false or inaccurate information to us and we suspect fraud, we will record this and may share it with third parties. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.
13.7 If you require details of those credit agencies and fraud prevention agencies from which we obtain and with which we record information about you, then please write to us at the address contained in the User Guide.
14. Third Party Rights
A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
15. Assignment
15.1 You may not assign any of your rights or obligations under this Contract without our prior written consent.
15.2 We may, at any time, obtain an alternative provider to provide the Recording Service to you. You agree to the assignment of our rights and obligations under this Contract to that alternative provider, provided that the level of service that you experience is not significantly reduced as a result, and authorise us to executived after the due date.
ve effect to any such assignment.
16. Waiver
If at any time we do not require you to comply with any part of this Contract, this will not prevent us from doing so in the future.
17. Enforceability
If any part of this Contract (including any provision in which we exclude or limit our liability to you) is deemed unenforceable by any Court or other competent body or authority, the enforceability of any other part of this Contract will not be affected.
18. Notices and Communications
Any notice under this Contract, whether required to be written or otherwise, may be given by us to you by post, personal service, email or SMS messaging to any address, email address or phone number you have given us to correspond with you, or by posting it on our website. You must give notices to us by post, personal service or email to the relevant address set out in the User Guide.
19. Entire Agreement
This Contract represents the entire agreement between you and us in relation to the Recording Service and shall supersede all previous agreements.
20. Law
The laws of England and Wales apply to this Contract, unless you live in Scotland in which case the laws of Scotland apply
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