These Terms and Conditions (“Agreement”) are entered into between Beltalk Technologies Pvt Limited (“Beltalk,” “Company,” “we,” or “us”) and the business client (“Client,” “you,” or “your”) engaging in the use of Beltalk’s cloud-based telephony services. By accessing or using the services provided by Beltalk, you agree to be bound by the terms and conditions outlined in this Agreement. If you do not agree with any of these terms, you must refrain from using Beltalk’s services
Services Provided
Description : Beltalk Technologies Pvt Limited provides cloud-based telephony services, enabling business clients to communicate effectively with their customers using voice, messaging, and other related features
Payment Terms : Beltalk’s services are offered on a prepaid basis, either monthly or quarterly. The fees for the services shall be specified in the pricing plan chosen by the Client, and the payment must be made in advance for the selected billing cycle
Client Responsibilities
Account Registration : To access Beltalk’s services, the Client must register an account and provide accurate and complete information during the registration process. The Client is responsible for maintaining the confidentiality of their account information and ensuring that it remains up to date
Usage Restrictions : The Client agrees not to use Beltalk’s services for any illegal, unauthorized, or fraudulent activities. The services provided are exclusively for business purposes, and the Client shall not resell, lease, or distribute them without the prior written consent of Beltalk
Compliance with Laws: The Client must comply with all applicable laws, regulations, and industry standards while using Beltalk’s services. This includes obtaining any necessary permits, licenses, or approvals required for the lawful operation of the Client’s business
Compliance with Telemarketing Laws: The Client acknowledges and agrees to comply with all applicable telemarketing laws and regulations in India, including but not limited to the Telecom Unsolicited Commercial Communications Regulations, 2018, as issued by the Telecom Regulatory Authority of India (TRAI).
Do-Not-Call Registry: The Client shall ensure that its telemarketing activities comply with the National Do Not Call Registry maintained by TRAI. The Client must regularly update its call lists and refrain from making telemarketing calls or sending SMS messages to registered numbers
Consent Framework: The Client shall obtain explicit consent from consumers before making any telemarketing calls or sending SMS messages for promotional purposes. The consent must be obtained as per the consent framework established by TRAI, ensuring compliance with the specified consent requirements.
Compliance with Call Time Restrictions: The Client shall adhere to the prescribed call time restrictions as per TRAI regulations, making telemarketing calls only between 9 am and 9 pm, except for calls made to registered customers and those with explicit consent for 24×7 services.
Caller ID Display: The Client shall ensure that a valid telephone number or a unique code assigned by the telecom service provider is displayed on the recipient’s caller ID display for all calls made through Beltalk’s services.
Template Registration: The Client shall register its telemarketing message templates with TRAI as required, ensuring compliance with the specified content and format requirements
Transactional and Promotional Message Differentiation: The Client shall clearly differentiate between transactional messages and promotional messages, ensuring that only promotional messages are sent with the explicit consent of the recipients.
Compliance with Client-Specific Obligations: The Client shall be responsible for complying with any additional obligations imposed by applicable laws, regulations, or industry guidelines that are specific to the Client’s business or industry sector.
Intellectual Property Rights
Ownership: Beltalk retains all ownership rights, title, and interest in its services, including any associated software, documentation, and intellectual property. The Client acknowledges that no ownership rights are transferred under this Agreement
License: Beltalk grants the Client a limited, non-exclusive, non-transferable, and revocable license to use the services during the term of this Agreement solely for the purpose of operating the Client’s business
Confidentiality
Confidential Information: Both parties may have access to confidential information disclosed by the other party. Confidential information includes, but is not limited to, pricing, technical data, business plans, and customer information. The receiving party agrees to maintain the confidentiality of such information and not disclose it to third parties without the disclosing party’s prior written consent.
Client’s Indemnification
The Client agrees to indemnify and hold Beltalk Technologies Pvt Limited, its officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the Client’s failure to comply with telemarketing laws and regulations in India or any violation of this Agreement.
Confidentiality
Confidential Information: Both parties may have access to confidential information disclosed by the other party. Confidential information includes, but is not limited to, pricing, technical data, business plans, and customer information. The receiving party agrees to maintain the confidentiality of such information and not disclose it to third parties without the disclosing
Limitation of Liability
Indirect Damages: In no event shall Beltalk be liable to the Client or any third party for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement, even if Beltalk has been advised of the possibility of such damages.
Maximum Liability: Beltalk’s maximum liability to the Client for any claims arising out of this Agreement shall not exceed the amount paid by the Client for the services during the six (6) months preceding the event giving rise to the claim.
Refunds and Cancellations
Refund Policy: Beltalk Technologies Pvt Limited follows a refund policy for prepaid services. If the Client decides to cancel their subscription before the end of the prepaid period, a refund may be provided for the unused portion of the prepaid fees, subject to any applicable deductions or fees as specified in the refund policy.
Cancellation by the Client: The Client may request cancellation of their subscription by providing written notice to Beltalk Technologies Pvt Limited. The cancellation will be effective from the date specified in the notice. In case of cancellation, the Client may be eligible for a refund as per the refund policy.
Cancellation by Beltalk Technologies Pvt Limited: Beltalk Technologies Pvt Limited reserves the right to suspend or cancel the Client’s subscription with or without cause, at any time and without prior notice. In such cases, the Client may be eligible for a refund for the unused portion of the prepaid fees, subject to any applicable deductions or fees as specified in the refund policy.
Non-Refundable Fees: Certain fees, charges, or setup costs associated with the services provided by Beltalk Technologies Pvt Limited may be non-refundable. These non-refundable fees will be clearly communicated to the Client before the commencement of the services.
Method of Refund: Refunds, if applicable, will be processed using the same method of payment used for the original transaction. Beltalk Technologies Pvt Limited reserves the right to determine the refund method in its sole discretion.
Deductions or Fees: The refund amount may be subject to deductions or fees, such as administrative fees or charges for any additional services or features availed by the Client. The specific deductions or fees will be outlined in the refund policy or communicated to the Client at the time of cancellation.
Timeframe for Refunds: Beltalk Technologies Pvt Limited will make reasonable efforts to process refunds within a reasonable timeframe, typically within [number of days] from the date of cancellation or refund request. However, the actual time taken for the refund to be reflected in the Client’s account may vary depending on the payment processor and banking institutions involved.
Termination
Termination for Breach: Beltalk Technologies Pvt Limited reserves the right to terminate the Agreement and suspend or cancel the Client’s subscription if the Client breaches any provisions of this Agreement or fails to comply with applicable laws or regulations related to telemarketing or any other relevant obligations.
Effect of Termination: Upon termination, the Client’s access to Beltalk’s services will be immediately revoked, and the Client shall cease all use of the services. The Client shall not be entitled to any refunds or credits for prepaid fees in case of termination due to breach.
Exit Policy
Beltalk Technologies Pvt Limited reserves the right to modify or update these terms and conditions, including the refund and cancellation policy, at any time. The updated terms will be effective upon posting on Beltalk’s website or notifying the Client through electronic means. Continued use of the services after any modifications constitutes acceptance of the revised terms and conditions.
Termination Notice: In the event that the Client decides to terminate the services provided by Beltalk Technologies Pvt Limited, the Client must provide a written termination notice to Beltalk. The notice period for termination shall be [number of days] from the date of the notice.
Transfer of Ownership of the Display Number
Display Number Ownership: The display number provided by Beltalk Technologies Pvt Limited remains the property of Beltalk at all times. The Client is granted a non-exclusive, revocable license to use the display number solely for the duration of the subscription to Beltalk’s services.
Non-Transferability: The Client acknowledges and agrees that the display number is non-transferable. The Client shall not sell, assign, or otherwise transfer the ownership or usage rights of the display number to any third party without the express written consent of Beltalk Technologies Pvt Limited.
Return of Display Number: Upon termination or cancellation of services, the Client shall immediately relinquish the usage rights of the display number and cease all further use of the number. The Client shall not retain or port the display number to another service provider or telecommunications platform.
Number Reassignment: Upon termination, cancellation, or expiry of the Client’s subscription, Beltalk Technologies Pvt Limited reserves the right to reassign the display number to another client or use it for any other purpose as determined by Beltalk.
Obligation to Update: The Client shall promptly notify Beltalk Technologies Pvt Limited in the event of any changes in contact information or legal ownership that may affect the ownership or usage rights of the display number. Failure to provide such notification may result in the termination of services or other appropriate actions by Beltalk.
Governing Law and Jurisdiction
Entire Agreement: This Agreement constitutes the entire agreement between Beltalk Technologies Pvt Limited and the Client, superseding any prior or contemporaneous agreements, representations, or understandings, whether written or oral.
Amendments: Beltalk may modify this Agreement from time to time. Such modifications will be effective upon posting the revised Agreement on Beltalk’s website or notifying the Client by other means. The Client’s continued use of Beltalk’s services after any such modification constitutes acceptance of the revised Agreement.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
By using Beltalk’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you have any questions or concerns, please contact us at [contact information].