Terms of service

1. Who this is between

This agreement is between NexDial ("we", "us") and the business that holds the account ("you"). You accept it by opening an account or by using the service — including on a free trial. If you are agreeing on behalf of a company, you are stating that you are entitled to bind it.

2. What the service is, and what it is not

NexDial is software for running outbound calling: dialing, a browser softphone, recording, lists, dispositions and reporting. We provide the software.

We are not a telecommunications carrier and we do not sell you minutes. Calls are placed through a carrier account that is yours — Twilio, Telnyx, Plivo, Vonage, SignalWire, DIDWW, DIDLogic, Wavix, a SIP trunk or your own Asterisk. Your relationship with that carrier, its charges and its own terms are between you and them. We do not control whether a call connects, its audio quality, or whether a number you present is accepted by a distant network.

3. Your account and the people on it

• You are responsible for everything done under your account, including by your agents and supervisors, and including by anyone using credentials you issued.
• Sign-ins are individual. Sharing one login between agents defeats the audit trail that protects you as much as us, and we may require it to stop.
• Keep credentials secret and tell us promptly if you think they have been compromised.
• You must give us accurate account details and keep the billing contact current. Notices sent to the address on the account count as delivered.

4. Calling lawfully is your responsibility

This is the most important clause in this document. You decide who is called, why, when and with what caller ID. Which rules govern those calls depends on where you are, where the person you are calling is, and what you are calling about — and no software can make that decision for you.

You are responsible for, and you warrant that you have:

• a lawful basis for calling every number on every list you upload, and the right to hold the data in it;
• honoured do-not-call registers and every opt-out you have been given, whether or not the platform is enforcing it for you;
• observed the calling hours and frequency limits that apply where you are calling;
• presented a caller ID you are entitled to present, and one that is reachable;
• given whatever notice of recording the law requires, and obtained consent where consent is what the law requires;
• registered, licensed or notified whatever your regulator requires of a calling operation.

The platform gives you tools to hold that line — suppression enforced at the moment of dialing rather than at import, an abandon-rate cap the pacing engine obeys, calling-hour windows per campaign, recording notices and an audit trail — and we would rather you used them. But the tools are yours to configure, and switching one off is a decision you are making.

5. What you may not do with it

• Place calls that are unlawful where they originate or where they land, including calls to numbers you have been told to stop calling.
• Falsify or disguise the origin of a call, or present a caller ID belonging to someone else.
• Run fraud, impersonation, phishing or any scheme that depends on the person answering being deceived about who is calling.
• Send prerecorded or automated messages where doing so is prohibited without prior consent.
• Harass, threaten or repeatedly call a person who has asked you to stop.
• Upload lists you have no right to hold, or use the platform to launder a list between businesses.
• Attempt to reach data belonging to another account, probe or load-test the platform without written permission, or work around a limit rather than asking for it to be raised.
• Resell or provide access to the platform to a third party as a service of your own, unless we have agreed that in writing.
• Reverse engineer, copy or republish the software, except where the law says you may despite this clause.

A breach of this section is the one thing we will act on without notice, because the cost of it falls on the people being called and on the carriers who carry the traffic.

6. Your carrier, your numbers

You connect your own provider and the credentials stay yours. We hold them encrypted, use them only to place and manage the calls you ask for, and never display them again once saved. You are responsible for what your carrier charges you and for keeping that account funded — a carrier that stops accepting calls stops your campaigns, and we cannot appeal that on your behalf.

Numbers you rent are rented from your provider, in your name. Nothing here gives us any claim on them and nothing here makes us responsible for keeping them.

7. Fees, wallet and payment

What you pay us is the platform fee and the usage rated by your plan, in $ unless your order says otherwise, exclusive of sales tax, which is added at the rate applying to the operating company.

Prepaid accounts

You top the wallet up and calls are rated against the balance as they happen. When the balance runs past the credit your account is allowed, dialing stops — deliberately, and before it becomes a debt. Every figure you are shown can be opened to the individual calls behind it.

Postpaid accounts

Invoiced monthly against the same usage records, payable within 7 days of the invoice date.

Top-ups by card or automatic gateway

Credited when the gateway confirms the payment to us. We do not credit a balance on the strength of a browser returning from a payment page: the confirmation has to come from the gateway and be verifiable as having come from them.

Manual and cryptocurrency top-ups

You submit proof of payment and the amount is credited once we have checked it, not when you submit it. We aim to check within one working day. A request we cannot match to a received payment is rejected with the reason.

• Wallet credit is credit for use of this service. It is not a deposit, it earns nothing, and it is not transferable to another account.
• Credit already consumed by calls is not refundable, because the calls were carried and the cost was incurred.
• Unused credit is refundable at our discretion, to the method it was paid with, less anything owed. Where a gateway will not accept a refund, we refund by another route.
• If you think a charge is wrong, tell us within 30 days and we will look at the call records with you. Charge-backs raised without asking us first tend to freeze the account while the gateway investigates, which helps nobody.
• Late payment may suspend dialing. We will say so before it happens.

8. Trials

A trial account runs for 7 days and is created with a small calling credit and reduced limits. The credit is spent on real calls through your own carrier, so it is real money we are spending on your evaluation — use it to test the product, not to run a campaign.

No card is taken and nothing converts by itself: at the end of a trial the account either becomes a paying one because you asked for that, or it stops. A trial is provided as it stands, may be ended if it is being used to run production traffic, and carries no service commitment.

9. Suspension and closing an account

We may suspend an account, immediately where the reason is urgent, if:

• the calling being done through it appears unlawful, fraudulent or abusive;
• a carrier, regulator or payment provider requires it;
• the account threatens the stability or security of the platform;
• an invoice is materially overdue and unanswered.

Where the reason is not urgent we will tell you what the problem is and give you a chance to fix it. Suspension stops dialing; it does not delete your data.

You may close your account at any time, from inside it or by writing to us. We may end this agreement on 30 days' notice, or immediately for a breach of the acceptable-use clause. On closure your data is kept for 30 days so you can export it, and is then deleted; ask us and we will export it for you or delete it sooner.

10. Availability, changes and support

We work to keep the platform available and we tell you before planned maintenance. Unless your order includes a written service level, no uptime figure is promised here, and time lost to a carrier outage, a network between us, or your own infrastructure is not ours to make good.

The product changes. We add and improve things continuously, and where we have to remove or materially change something you depend on, we will give notice rather than let you discover it.

11. Your data stays yours

Your contacts, lists, call records, recordings, notes and settings belong to you. We hold them to run the service, on your instructions, and we do not use them for anything else — not to sell, not to market, and not to train anything. You can export them while the account is open, and after it closes within the window in clause 9. How we handle it is set out in the privacy policy, which forms part of this agreement.

Where the data you upload is personal data of other people, you are its controller and we are your processor. You are stating that you may lawfully give it to us for this purpose.

12. Our software stays ours

The platform, its code, its interface and its documentation remain ours. You get a non-exclusive, non-transferable right to use it for your own calling for as long as this agreement runs, and nothing more is granted by implication. Feedback you send us we may act on freely, and we are grateful for it.

13. Confidentiality

Each of us will keep the other's non-public information confidential, use it only for this agreement, and protect it as carefully as our own. This does not apply to information that is already public, that we each already had, or that we are compelled to disclose — and in that last case we will tell you where we are allowed to.

14. Disclaimer

The platform is provided as it is. To the extent the law allows, we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the software is free of defects, that every call will connect, that a carrier will behave, or that answering-machine detection will be right about every call — it is a probabilistic judgement about audio, and it is wrong sometimes.

Nothing here excludes liability that cannot lawfully be excluded, and nothing here limits your rights as a consumer where those rights apply.

15. Limits on what we owe each other

Neither of us is liable to the other for indirect or consequential loss, lost profits, lost business or lost data, however it arises. Our total liability under this agreement is limited to the fees you paid us in the twelve months before the claim.

That limit is the trade this pricing is built on: we charge for software, and the money at risk in a calling operation — a regulator's penalty, a carrier's bill, a customer relationship — is many times what the software costs. If you need a larger cap, it can be negotiated and priced.

16. Claims about your calls

You will cover us against claims, penalties and reasonable costs arising from the calls you place, the lists you upload, your use of recording, and any breach by you of clause 4 or clause 5. We will tell you promptly about any such claim, let you take charge of defending it, and not settle it without you.

17. Changes to these terms

We may change these terms. Where a change is material you will be told through the application and by email at least 30 days before it takes effect, and continuing to use the service after that date is acceptance. If a material change does not work for you, close the account before it applies and we will refund unused credit.

18. Assignment, severance and the whole agreement

You may not transfer this agreement without our consent; we may transfer it to a company acquiring our business. If a clause turns out to be unenforceable, the rest stands. Neither of us waives a right by not enforcing it immediately. This agreement, your order and the privacy policy are the whole of what is agreed, and they replace anything said in the course of selling it.

19. Governing law

This agreement is governed by the laws of Pakistan, and its courts have jurisdiction. Before either of us goes to court we will each put the problem in writing to the other and give the other 30 days to answer it — most disputes at this size are a misunderstanding about an invoice, and 30 days settles them more cheaply than anything else can.

20. Who to write to

• Support and account questions: support@nexdial.example
• Contracts and billing: sales@nexdial.example
• +92 21 1111 2222
• NexDial, Karachi, Pakistan