These Terms and Conditions apply to business customers only.
When you (the Client) agree to use our service the terms and conditions set out below shall govern the use for such services. Your access to and use of the services are subject to these Terms and Conditions, as well as all applicable laws and regulations.
Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon you creating your account and paying for your chosen account subscription or when you first make use of the service.
If you do not accept and agree to be bound by any of these Terms and Conditions, you are not authorised to access or otherwise use the services.
No part of our pre-subscription communications with you are intended to constitute a contractual offer capable of acceptance. Your contractual offer and our acceptance of that offer is deemed to occur when your subscription account is created on your chosen subscription package, and you receive the subscription acknowledgement or confirmation.
Definitions & interpretations
In this agreement, the following terms have the following meanings:
|“Account”||means collectively the personal information, Payment Information details used by you to access the Service or any System on Clear Ring.|
|“Call recording”||a recording of the telephone conversation we have with a Caller which is usually stored in mp3 format|
|“Caller”||an individual who calls one of your Destination Numbers|
|“Client website”||The website you install our service on or permit us to install our Services on|
|“Clear Ring”||means Clear Ring Limited registered no. 12866676 and whose registered office is situating at: 17 Boundary street, Liverpool, L5 9UB.|
|“Clear Ring website”||means (https://clearring.co.uk) and any sub-domains of this site.|
|“Contact data”||means personal data you provide to us or is submitted by the Contact or collected by us from the Contact as part of our Service|
|“Additional Contact Data”||means personal data you provide to us or is submitted by the Contact or collected by us from the Contact as part of our Service or additional information sent by the client website|
|“Contact(s)”||means any or all of your customers, prospects, contacts or persons that access your website or your dedicated marketing telephone contact details through the use of our Services|
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored as part of Clear Ring|
|“Data instruction(s)”||means any instruction from you setting out the types of personal data which may be processed by us in the performance of the Services, the subject matter of the processing, and the duration of the processing.|
|“Data protection legislation”||means the Data Protection Act 1998 and any replacement legislation coming into effect from time to time including (without limitation) the GDPR together with any codes of practice or other guidance issued by any competent regulatory authority|
|“Data subject”||means the actual individual to whom Personal Data relates|
|“Designated number”||means a telephone number you are using for your business which the Caller may call and we answer as part of our Service and from which we create a Call Recording if instructed by you under a Data Instruction.|
|“General Data Protection Legislation (GDPR)”||means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data|
|“Payment information”||means any details required from you for the purchase of Services from the Clear Ring Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes.|
|“Personal data”||means personal data (as such term is defined in the Data Protection Legislation) that is Processed by Clear Ring or the Client in connection with the provision of the Services, including the information described in Appendix 1 (Data Processing Details))|
|“Privacy notice”||means the applicable privacy notice we will use to inform you about how we process your data and is incorporated together with these terms and conditions and is available as a separate document.|
|“Subscription fee”||This means the minimum monthly fee committed to pay as part of your subscription excluding any additional usage fees.|
|“Service”||means collectively any online facilities, apps, tools, services or information that Clear Ring makes available through the Services either now or in the future.|
|“Services”||means the services available to you through the Clear Ring Website.|
|“System”||means any online communications infrastructure that Clear Ring makes available through the Clear Ring Website either now or in the future.|
|“Usage fee(s)”||This means any fees incurred whilst using the service including additional phone numbers, minutes, team members and campaigns outside of your subscription|
|“Tracking code”||Code that is to be installed on your website and websites you permit us to install our Services on. Tracking Code is used to modify your website and collect user information.|
|“Terms and Conditions”||the terms and conditions set out in this document.|
|“Designated Number”||means a telephone number you are using for your business which the Caller may call and we answer as part of our Service and from which we create a Call Recording if instructed by you under a Data Instruction.|
Section 1 – Fees and payments
By selecting a paid Service, you agree to Pay Clear Ring the then-current monthly subscription fees indicated for that service. Your billing cycle will start immediately or the day after your free trial expires, if applicable. You agree to allow Clear Ring, or our payment or service providers, to process and/or store your payment information. At the end of your billing cycle, an invoice will be generated and processed automatically for payment based on your Subscription fee and Usage fees.
Upon termination of your account (Section 2), you will be billed the pro-rated amount for your Subscription fee and Usage fees from your last billing date to the termination date.
You must notify us in writing (email is acceptable) if you dispute any part of the fees paid or payable by you pursuant to these Terms. You must provide written notice to us within sixty (60) days of the date we bill you for the charge you wish to dispute, and we will work together to resolve the dispute promptly.
Usage fees, including additional phone numbers, minutes, team members and campaigns not included in your selected subscription, are not refundable under any circumstances. Minutes are calculated by rounding each call up to the nearest minute and then summing up the minutes. We exclude all calls identified as spam. If a call was not identified as spam before the billing date and an invoice needs to be adjusted, please contact our support team. We reserve the right to alter our service and usage fees at any time by posting a new pricing structure to our website or in your account and/or sending you an email notification.
We reserve the right to change our Subscription fee and Usage fees with a notice of 28 days via email. You reserve the right to cancel or dispute these fees. Unless you cancel your subscription or account you will be automatically charged the new subscription fee on your next billing cycle after the notice was issued. Any dispute to the fee changes must be made during the notice period (28 days) or prior to the date of the new fees being effective.
Subject to Section 2. Clear Ring does not refund any payments made or due on termination of your account or provision of services.
Section 2 – Termination and Cancellation
You are able to terminate or cancel your account and chosen subscription at any time, either by contacting Clear Ring or using the Clear Ring website and system.
Clear Ring reserves the right to suspend and/or terminate your account and subscription if:
- You fail to pay any amount due on your account(s) on the due date for payment and remains in default for not less than 14 days after being notified in writing to make such a payment.
- Misuse of our service (Section 6)
If Clear Ring terminates your Account, you will still be charged for a pro-rated amount (section 2). Beyond the point of termination, you will not incur any additional charges for the terminated subscription. Your final pro-rated invoice will be taken on your usual billing cycle date not when you terminate your subscription.
On termination of your account for any reason:
All licenses granted under your subscription shall immediately terminate and the provision of service will cease immediately. All numbers assigned to the terminated subscription will not be routed to the destination. If reactivation is required we may be able to re-acquire your numbers but we cannot guarantee this.
Phone numbers may be transferred to a new provider before termination. All transfer and admin fees will be payable by you in advance of the transfer. We reserve the rights to reject transfer requests. Transfer requests must be made prior to termination.
Clear Ring shall in accordance with Data Protection Legislation destroy or otherwise dispose of any of the data connected with any Contact in its possession within 14 days of termination. If a backup copy of the data we hold, we will endeavour to deliver you the backup within 30 days of the request. We reserve the rights to extend the period. You shall pay all reasonable expenses incurred by Clear Ring in returning or disposing of Contact data.
Your Service may include a free trial period (which will be indicated when you subscribe to the Service), after which time, use of the Service will continue at the fees for the subscription you selected until terminated.
Section 3 – Intellectual Property
Except as otherwise expressly stated and subject to the exceptions of Section 3.1 of these Terms and Conditions, the service, and all content including the Clear Ring website (unless uploaded by the client), including but not limited to any text, images, logos, icons, graphics, video, audio, page layout, underlying code and software is the property of Clear Ring, our affiliates, or other relevant third parties. By continuing to use the Clear Ring website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Subject to Section 3.2, you may not copy, modify, alter, transmit, distribute (for compensation or otherwise), display, perform, reproduce, reuse, publish, post, license, download, store for subsequent use or otherwise, create derivatives from, transfer, or sell any information or content obtained from the service, including the website, in whole or in part unless given express written consent to do so by Clear Ring. Any unauthorised use of the service, including the website, may violate trademark laws, copyright laws, the laws of privacy and publicity, and other applicable regulations and statutes. Clear Ring does not warrant or represent that your use of the service, including the website, will not infringe the rights of third parties.
You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to use any Contact data (provided such data is collected, used and disseminated in aggregated and anonymised form) and/or content on the Client website for any lawful purpose in connection with the improvement and delivery of our Services.
You shall indemnify Clear Ring for all costs, loss, damages, professional fees it suffers howsoever arising from any claims made by a third party against Clear Ring for any use made by Clear Ring of such third-party rights in accordance with these Terms and Conditions.
Section 3.1 – Clear Ring and Third-Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in images and descriptions used on the Clear Ring website belong to Clear Ring and/or any third-party owners or licensors of any third-party services we use for the purpose of delivering the Services as may be applicable.
Section 3.2 – Not used Links to Other Websites
The Clear Ring website may contain links to other websites. Unless explicitly stated, these websites are not under the control of Clear Ring or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on the Clear Ring website does not imply any endorsement of the websites themselves or of those in control of them.
Section 4 – Links to the Clear Ring Website
Should you wish to place a link to our Clear Ring website you may do so only to the home page of the site https://clearring.co.uk with prior permission of Clear Ring. Deep linking (i.e. links to specific pages within the site) requires the express written permission of Clear Ring.
Section 5 – Right to monitor/use of communications facilities
You acknowledge that Clear Ring reserves the right to monitor any and all communications made to us or using our system and we may retain copies of such communications.
You acknowledge that any information you send to us through our System or post on the forums/chat or similar may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance in writing and we reserve the right to reject such terms and associated information.
Clear Ring reserves the right to monitor, at any time as it deems appropriate use that, at our sole discretion, may be illegal, may subject Clear Ring to liability, may violate these terms and conditions, or are, at the sole discretion of Clear Ring, inconsistent with Clear Ring’s purpose of the service.
Section 6 – Acceptable use/Misuse
By using the Service, you agree to this Acceptable Use Policy. You accept that the Services are provided for professional use only, and you agree that whilst using the Services you will not:
- Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of Clear Ring’s computer or property;
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary or privacy rights of any party;
- Delete or revise any material posted by any other person or entity unless such material is incorrect, and you are permitted to delete or revise it;
- Manipulate or otherwise display the Service by using framing, creating deep-links to the Service by by-passing the Service’s home page, mirroring or similar navigational technology or directly link to any portion of the Service other than the main homepage, www.clearring.co.uk, in accordance with the Limited License outlined;
- Probe, scan, test the vulnerability of or breach the authentication measures of, this Service or any related networks or systems;
- Subscribe, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so;
- Use any robot, spider, scraper, or other automated or manual means to access this Service, or copy any content or information on this Service (excluding the acceptable use of the Service through the API); or
- Modify, adapt, sublicense, translate, sell, create derivative works, download, reverse engineer, decompile or disassemble any portion of the Service;
Your use of the Services shall not include any of the following. This is not an exhaustive list:
- Launching (or facilitating) a denial of service attack on our services or any third parties;
- Attempting to break or bypass any security mechanism in our Services;
- Testing or reverse-engineering our services to find limitations, vulnerabilities or evade filtering capabilities;
- Using our Services to facilitate remote computer repair or “virus removal” services;
- Using our Services in any manner that may subject Clear Ring or any third party to liability, damages, and violations of law or danger;
- Engaging in fraud, either with Clear Ring or with any third party;
- Promoting or engaging in or using the Service for illegal activities or for any malicious purpose;
- Harvesting, or otherwise collecting information about others, without their consent or other lawful basis for collecting such information;
- Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
- Attempting to gain unauthorized access to the Services, data, information, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
- Engaging in any other activity that Clear Ring believes could subject it to criminal or civil liability.
- Accessing Clear Ring’s service or content in order to build a competitive product or service or to benchmark with a non-Clear Ring product or service, or to reverse engineer Clear Ring’s product or service (to the extent such restriction is permitted by law).
Clear Ring reserves the right to take whatever lawful actions it may consider appropriate in response to actual or suspected violations of these Terms, including, and without limitation, the immediate suspension or termination of your use of the Service or any user’s access and/or account as well as civil and/or criminal liability.
Clear Ring may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Section 7 – Accounts
To use our services on the Clear Ring website you are required to create an Account which will contain personal details and payment information which may vary based on your selected service. By accepting the terms and Conditions you represent and warrant that:
- All information you submit is accurate and truthful;
- You have consent to submit payment Information where consent may be required; and
- You will keep this information accurate and up to date. Your creation of an Account is further affirmation of your representation and warranty.
- We recommend that you do not share your Account details, particularly your username and password. Clear Ring does not accept any liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another party without consent, you should contact Clear Ring immediately to suspend your Account.
Section 8 – Services, pricing and availability
Whilst every effort has been made to ensure that all descriptions of Services available from Clear Ring correspond to the actual Services, Clear Ring is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.
Where appropriate, you may be required to select a required package of Services.
Clear Ring does not represent or warrant that such Services will be available. Availability indications are not provided on the Clear Ring Website.
All pricing information on the Clear Ring website is correct at the time of going online. Clear Ring reserves the right to change prices and alter or remove any special offers from time to time as necessary.
Section 9 – Provision of services
Provision of services shall commence immediately upon completion of registering an account for your chosen subscription package.
Your Service may include a free trial period (which will be indicated when you subscribe to the Service), after which time, use of the Service will continue at the fees for the subscription you selected until terminated.
Clear Ring shall use all reasonable effort to deliver services with appropriate skill and care.
Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services as specified on the Clear Ring website or as notified by Clear Ring.
Clear Ring reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Section 9. Factors that may be taken into account in the exercise of this discretion include, but are not limited to:
Any use or enjoyment that you may have already derived from the Services;
Any characteristic of the Services which may mean that cessation of provision is impossible to be exercised only within the confines of the law.
Section 10 – Data processing
Each party agrees that in respect of its processing of Contact Data in connection with the provision or receipt of the Services:
It will comply with the obligations set out below and the Data Protection Legislation; and
The Client and Clear Ring acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and Clear Ring is the data processor in respect of any processing by Clear Ring in accordance with the Data Instruction of Personal Data of the Contact.
The Client (as controller) is responsible for complying with Data Protection Legislation in respect of the collection and use of Contact Data for the purposes envisaged by their subscription (including all Data Instructions), and for ensuring that it has a lawful basis for its intended use or processing of such Contact Data.
The Client shall, in respect of its processing of Contact Data in connection with its use of the Services, ensure that:
It complies with its obligations under the Data Protection Legislation, and that it processes Contact Data in accordance with the requirements of Data Protection Legislation; and
the Client’s Data Instructions for the processing of Contact Data by Clear Ring shall comply with Data Protection Legislation.
In respect of the Contact Data processed by Clear Ring on behalf of the Client, Clear Ring shall:
allow for audits by the Client or the Client’s designated auditor of Clear Ring systems and procedures relevant to the processing of Contact Data, subject to the following requirements:
- any audit report generated in connection with such an audit constitutes confidential information of the parties;
- any information accessed during such audit shall be confidential, and in the case of an audit carried out by the Client’s auditor, the right to audit shall be subject to the auditor executing a confidentiality agreement acceptable to Clear Ring in respect of Clear Ring’s confidential information before the audit;
- before the commencement of any audit, the Client and Clear Ring shall mutually agree on the scope, timing, and duration of the audit.
- ensure that personnel who have access to and/or process Contact Data are obliged to keep the Contact Data confidential;
- implement appropriate technical and organisational measures, taking into account the nature and purposes of the processing, for the protection of the security of the Contact Data to protect against unauthorised or unlawful processing of Contact Data and against accidental loss or destruction of, or damage to, Contact Data, appropriate to the nature of the data to be protected, details of which are available from Clear Ring on request and which measures the Client shall have the opportunity to review and assess in accordance with its obligations under the Data Protection Legislation (subject to the Client keeping such information confidential). Clear Ring reserves the right to revise the technical and organisational measures at any time, without notice, provided that such revisions will not materially reduce the overall security provided for Contact Data that Clear Ring processes in the course of providing the Services;
- maintain records and information regarding its processing activities in respect of the Contact Data to the extent required under the GDPR;
- not transfer the Contact Data outside of the European Economic Area (EEA) without complying with the provisions of the Data Protection Legislation in respect of such transfer, save that where the Client uses or accesses the Services outside the EEA, it shall be the Client’s responsibility to ensure that any access to or use of the Contact Data outside of the EEA which results in a transfer of such Contact Data outside of the EEA complies with the provisions of the Data Protection Legislation;
- notify the Client without undue delay after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Contact Data transmitted, stored or otherwise processed by Clear Ring in respect of the Services, of which Clear Ring becomes aware;
- notify the Client without undue delay if Clear Ring becomes aware of any personal data breach or of any request or objection from a data subject pursuant to the Data Protection Legislation relating to the Contact Data;
- only process Contact Data on the Client’s behalf where and to the extent necessary to provide the Services.
- provide the Client with reasonable cooperation and assistance as may be required to fulfil the Client’s obligation under the GDPR to carry out a data protection impact assessment related to Client’s use of the Services, to the extent that the Client does not otherwise have access to the relevant information, and to the extent that such information is available to Clear Ring. Clear Ring reserves the right to require the Client’s written agreement to pay Clear Ring for such assistance;
- reasonably assist the Client, at the Client’s cost, in ensuring compliance with its obligations under the Data Protection Legislation with respect to consultations with supervisory authorities or regulators;
- the audit is carried out at the Client’s cost and Clear Ring reserves the right to require the Client’s written agreement to pay Clear Ring for any time expended by Clear Ring in connection with any such audit, at Clear Ring’s then current professional services rates, which shall be made available to the Client on request, which costs shall be reasonable, taking into account the resources expended by Clear Ring; and
- the Client or auditor carrying out the audit (as applicable) complies with any reasonable requirements or security restrictions that Clear Ring may impose to safeguard its systems, personal data it holds on behalf of other customers and its own confidential or commercially sensitive information and to avoid unreasonable disruption to Clear Ring’s business and operations;
- to the extent that the Client, in its use of the Services, does not have the ability to address a request from a data subject to exercise the data subject’s rights under the Data Protection Legislation. Clear Ring shall, upon the Client’s request, insofar as is possible, provide reasonable assistance, at the Client’s cost, to facilitate such Data Subject Request;
- reasonably assist the Client, at the Client’s cost, in ensuring compliance with its obligations under the Data Protection Legislation with respect to consultations with supervisory authorities or regulators;
Section 11 – Agency Clients and data processing
For Clear Ring clients that act as design, media or PR agencies for their clients the requirements dealing with the processing of personal data by Clear Ring of the agency’s clients’ personal data under these terms and conditions will still apply to the agency (as our Client).
Regarding any personal data processed by Clear Ring on behalf of the agency (as our Client) for the agency’s clients, the agency will be responsible for ensuring the agency complies with all Data Protection Legislation as the data controller. Clear Ring will be acting as the data processor under the Data Protection Legislation and reliant on the agency as Clear ring’s Client (and data controller) to ensure any processing of the agency’s or the agency’s clients’ personal data by Clear Ring is lawful under Article 6 or Article 9 (in the case of Special Category Data) and is reliant on the agency to have secured all necessary consents and permissions to enable Clear Ring to process such personal data in delivering its services to the agency or the agency’s clients.
Section 12 – Processors
Clear Ring may use the following types of processors who may process Contact Data in connection with the Services:
- data centres
- providers of cloud service and storage
- telecommunication providers
Details of which providers are available on request to the Client provided the Client is not a competitor of Clear Ring. The Client acknowledges that such information is strictly confidential.
The Client consents to Clear Ring appointing the processors set out above as a processor of Contact Data under the Agreement, and Clear Ring shall have in place a written contract with such processors in respect of the processing of Contact Data.
Section 13 – Client obligations
The provision of the Services requires the Client to implement a Tracking code on the Client website for the purposes of setting cookies on the website visitor’s device and sending data about the website visitor to Clear Ring. Details of such cookies are available from Clear Ring.
It is the Client’s responsibility (as controller) to determine the lawful grounds under the Data Protection Legislation for the collection of the Contact Data, and for the Client and Clear Ring to use the Contact Data for the purposes envisaged by the subscription agreement and any Data Instruction.
The Client warrants that it shall not send any Contact Data to Clear Ring via, or in connection with its use of, the Services, that is collected by the Client outside of an agreed Data Instruction (Additional Contact Data) unless expressly agreed in writing by Clear Ring and the parties have agreed to the terms of such transfer. The Client acknowledges and agrees that Clear Ring may use detection techniques to identify any personal data (including any data which may constitute personal data when combined with data processed by Clear Ring) which may have been submitted by the Client to Clear Ring using the Services as Additional Contact Data, and in the event, that any such personal data is identified, Clear Ring reserves the right to delete such personal data without reference to the Client.
Clear Ring shall have no liability to the Client in respect of any damage to or deletion or loss of Additional Contact Data, or any effect that the deletion of such Additional Contact Data may have on the Client’s use or the performance of the Services.
The Client warrants that it shall have lawful grounds under the Data Protection Legislation, and shall obtain all consents and permissions that may be required, and provide all fair processing information required, under the Data Protection Legislation, and any other Applicable Laws relating to the processing of personal data, privacy and the protection of electronic communications, for:
the lawful collection, processing and use of the Contact Data:
- by Clear Ring (including via cookies placed on the Website Visitor’s device in respect of their visit to the Client Website) for the duration and purposes envisaged by the subscription agreement and any Data Instruction;
- by the Client in respect of the Client’s processing of the Contact Data; and
- for the deployment of cookies, via the Tracking code installed on the Client website, on the website Visitor’s device in respect of their visit to the Client website to the extent necessary for Clear Ring to perform the Services and perform Clear Ring’s obligations in accordance with the subscription agreement.
If the Client requires Clear Ring to transfer any Contact Data to a third-party provider engaged by the Client, it shall be the Client’s responsibility (as controller) to ensure and the Client warrants that it has:
- lawful grounds under the Data Protection Legislation for Clear Ring to transfer the Contact Data to the relevant third-party provider; and
- a data processing agreement in place with such provider, and the Client acknowledges and agrees that Clear Ring has no control over and shall have no liability in respect of how the data is processed by such provider.
Where Call Recordings have been activated for the Client, the Client warrants that it shall:
- by default Clear Ring provides a recorded privacy notice which can be changed and/or turned off. The Client shall ensure that the recorded privacy notice or message to be played to Callers using Designated Numbers (as referred to in the Client Privacy Notice) complies with, and provides all necessary information required under, Applicable Laws (including all Data Protection Legislation), and to ensure that it has a lawful basis for processing Call Recordings before such facility is turned on and used;
- ensure that the use of the Call Recording facility complies with the Payment Card Industry Data Security Standard issued and amended from time to time by the Payment Card Industry Security Standards Council as applicable; and
- ensure that it applies appropriate security measures to its export of any Call Recordings.
The Client shall indemnify Clear Ring against any claims, actions, proceedings, losses, liabilities, damages, fines, penalties, costs and expenses (including any reasonable legal and other professional fees) suffered or incurred by or awarded against Clear Ring arising out of or in connection with any breach by the Client of its obligations under Section 13.
Section 14 – Privacy
If you supply us with Personal Data belonging to your Contacts you shall have first obtained the lawful basis for processing such data and if this includes consent shall have secured such consent prior to sharing their data with third parties including ourselves and you shall indemnify us against all losses, costs, claims, damages and expenses incurred by us as a result of any failure by you to secure such consent.
Section 15 – Warranties and disclaimers
Each party warrants to the other that it will process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.
Clear Ring warrants that it will take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage.
The Client acknowledges that Clear Ring is reliant on the Client for direction as to the extent to which Clear Ring is entitled to use and process the Personal Data. Consequently, Clear Ring will not be liable for any claim brought by a Contact arising from any action or omission by Clear Ring, to the extent that such action or omission resulted directly from the Client’s Data Instructions.
Clear Ring makes no warranty or representation that the Service will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
No part of the Clear Ring website is intended to constitute advice and the Content of the Clear Ring Website should not be relied upon when making any decisions or taking any action of any kind.
No part of the Clear Ring website is intended to constitute a contractual offer capable of acceptance.
Clear Ring uses reasonable endeavours to ensure that the Clear Ring website is secure and free of errors, viruses and other malware, all contacts are advised to take responsibility for their own security, that of their personal details and their computers.
Section 16 – Availability of Clear Ring website
The Service is provided “as is” and on an “as available” basis. Clear Ring give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality.
Clear Ring accepts no liability for any disruption, non-availability or failure of the Clear Ring website resulting from external causes including, but not limited to, ISP equipment failure, labour disturbances, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Section 17 – Limitation of liability
To the maximum extent permitted by law, Clear Ring accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Clear Ring website, the Service or any information contained therein. You acknowledge your use of the Clear Ring website and its Content is at your own risk.
Nothing in these Terms and Conditions excludes or restricts Clear Ring’s liability for death or personal injury resulting from any negligence or fraud on the part of Clear Ring.
Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Section 18 – Third party rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between Clear Ring and you (the Client).
Section 19 – Changes to these terms and conditions/previous Terms and conditions
Clear Ring reserves the right to change the Clear Ring website, the Service and its Content or these Terms and Conditions at any time. You will be notified of such changes and shall be bound by such changes if you confirm your agreement or otherwise continue to use the website and service following such notice of the changes. If Clear Ring is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any current or future subscriptions.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Section 20 – Communications
All notices/communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Clear Ring may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
You agree Clear Ring may reference you and your company as a client of Clear Ring’s products and services in Clear Ring’s advertising and marketing.
Section 21 – Law and Jurisdiction
These Terms and Conditions and the relationship between you and Clear Ring shall be governed by and construed in accordance with the Laws of England and Wales and Clear Ring and you (the Client) agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Data protection details
|Categories of data||Information submitted by the Client’s customer or visitor to the Client’s website which is collected during a telephone call or from forms accessed by the customer or visitor when accessing the Client’s website. The information may include the customers. name, email, phone number, address and personal information about the customer. Data is captured from form submissions, phone numbers, phone calls and the page journey the Contact takes as well as information about the browser and device used. The data may include sensitive personal data such as details about the customer’s health. The client determines what personal data is collected and can exclude specific fields by adding an exclusion tag to each field. Fields that are correctly labelled as “password” are automatically excluded.|
|Categories of Data Subjects||Visitors / Contacts of client’s websites.|
|Processing Operations||The Clear Ring services help our clients to optimize their marketing strategies using software that gives our clients the ability to track and record calls (optional), form submissions, and measure the success of marketing efforts including online and offline campaigns, improve customer service and improve sales performance. Clear Ring will provide the service pertaining to your selected subscription. Our subscription packages can be found at www.clearring.co.uk/pricing/.You are able to select the fields you wish to collect and not collect. Clear Ring processes this data and matches it with marketing source and page journey information for your marketing measurement purposes.|
|Location of Processing Operations||All of our data is stored within the UK and European Economic Area (EEA), using Amazon Web Services. https://aws.amazon.com/compliance/And Digital Ocean https://www.digitalocean.com/trust/certification-reports/|
|Identity of sub-contractors||There are no sub-contractors involved in the processing of marketing or personal information other than those specified.|
|Purposes||The data is processed for the purpose of reporting to the Client the effectiveness of their marketing activity. The Clear Ring service is used to provide marketing measurement analysis. Clear Ring does not do anything else with this information.|