Liability/Responsibility Disclaimer:
The buyer/user of any of these products may be subject to national and/or state laws, particularly if used for “soliciting”. The buyer/user of any of these products should consult with an attorney prior to making any calls, especially in regard to “solicitation”.
By using this software and hardware, the buyer/user accepts 100% of the responsibility and liability regarding its use. Buyer/user will hold the seller/developer completely harmless from any litigation or claims for any reason.
Q & A For Telemarketers & Sellers About Do Not Call Laws:
For questions and answers, click here.
Do Not Call Registration, Compliance, and List Scrubbing:
The United States Government’s “National Do Not Call Registry” web site is: https://telemarketing.donotcall.gov. Each state may have its own laws as well.
For assistance with Do Not Call legal compliance and list “scrubbing”, call Contact Center Compliance at 866-362-5478 or visit their web site at: www.dnc.com
“Do Not Call” management tools and other functions are provided with our products to assist buyers/users in their operation; however, the seller/developer cannot accept any responsibility or liability if the system does not operate correctly 100% of the time. The seller/developer strives to provide the highest quality software and hardware; however, there are a number of factors that can cause system malfunctions, including but not limited to operator error, software corruption, software bugs, telephone line problems, voice board defects, and computer failures.
Attorneys Specializing in Telemarketing:
Copilevitz & Canter, LLC, Attorneys At Law. Visit their web site at: http://www.copilevitz-canter.com
Terms of Using Our Products:
- TELEPHONE SERVICE: One or more standard ANALOG telephone lines (business or residential) or T-1 DIGITAL lines may be used with this product. Important note: If Buyer/User intends to use the live call transfer feature, or if Buyer/User intends to use T-1 lines (24 lines each), please go to our technical support web site: www.tellacom.net and click on “Telephone Requirements” for the details needed to properly order telephone service from a telephone company.
- MINIMUM COMPUTER REQUIREMENTS: A computer with Windows 2000 or XP with at least 500 MHZ processor, 128 megs of RAM, 1 gigabyte of AVAILABLE hard drive space, a standard Serial Port or USB Port, CD ROM Drive, Super VGA Monitor, Keyboard, Mouse, & Surge Protector and/or Battery Backup for the electrical & telephone lines. A Network Card is needed if Buyer wants to connect the system to a database on a server. Windows XP Home will network up to 4 stations. Windows XP Pro and Windows 2000 will network up to 10 stations. If networking more than 10 stations, Windows 2000 Server is required. Note: User will need 256 megs or preferably 512 megs of RAM if using Windows XP or auto dialing large lists of telephone numbers.
- EXPRESS ONE YEAR LIMITED WARRANTY: Manufacturer warrants that its hardware and software will be free of any significant defects for one year from purchase date. (There is no warranty on accessories such as headsets and cables). Manufacturer will repair or replace damaged or malfunctioning products at no charge, if within the warranty time limit and if there has been no damage by accidents, lightning or power surges, or misuse or abuse by the Buyer/User. Buyer must return any defective hardware prior to Manufacturer’s shipping a replacement or Buyer must give a credit card number authorizing a charge until the defective hardware is returned to Manufacturer. Buyer/User and Manufacturer will each pay the shipping costs of returning any items to each other for repair or replacement. THERE ARE NO WARRANTIES THAT ARE NOT INCLUDED HERE.
- TECHNICAL SUPPORT: To begin using Technical Support, Buyer/User must first REGISTER at www.tellacom.net. Three Hours or One Year (whichever comes first) of Technical Support is included with the purchase price for the original Buyer/User. An additional Three Hours or One Year of Extended Technical Support may be purchased for $150. Technical Support includes helping User install and learn how to use this software and hardware. Technical Support does not include teaching the User how to use a computer or how to use other vendors’ software such as Windows or databases, or how to use telephone systems or network computers. Technical Support can explain to the User how to import and manage User’s telephone number lists and Do Not Call lists, but Technical Support cannot actually edit or modify User’s lists for him/her. If User does not have basic computer skills, a professional should be hired to contact Technical Support for installation and training. Technical Support will accept and return calls Monday through Friday from 8 am to 5 pm, except for holidays. Also, User may at any time leave VOICE MESSAGES or send FAXES or E-mails with questions and problems. Above times are US Central Time Zone (subject to change). Technical Support will make every reasonable effort to resolve questions and problems on a timely basis, within the times listed above; however, Technical Support may not always be able to resolve every problem nor respond to every call immediately.
- SOFTWARE & MANUAL UPDATES: After the initial purchase, updates to the Software and Manual are available free of charge if Buyer obtains them from Manufacturer’s Technical Support Web Site; however, a new copy of the Software on a CD is $20 and a printed hard copy of the Manual is $20. These prices include shipping by US Post Office. Overnight shipping is an additional $10 in the USA.
- DISCLAIMER: The Manufacturer strives to provide the highest quality software and hardware; however, there are a number of factors that can cause system malfunctions, including but not limited to operator error, software corruption, software bugs, telephone line problems, hardware defects, and computer failures. The Manufacturer and its technicians cannot be responsible if User adds other software or hardware that corrupt the system or for computer hardware failures. User is responsible for making frequent backups of his or her system to protect against any losses of valuable data. Manufacturer cannot be responsible for loss of data for any reason whatsoever. Manufacturer will not be liable for any lost revenue, lost profits, or other expenses due to loss of data, hardware or software problems, or for any other reason.
- DISCLOSURE OF LIABILITY/RESPONSIBILITY: Buyer/User assumes all liability and responsibility for operating Manufacturer’s products according to any federal, state, or local laws pertaining to the use of “Automatic Dialing & Announcing Devices, Power Dialing Devices, or Fax Broadcasting Devices” and may not use them in any illegal way. Buyer/User is aware that limitations may include commercial solicitations and/or delivering pre-recorded telephonic messages to homes & businesses without the prior express consent of the called party. A violation of any such laws may result in significant penalties & other sanctions. Any person intending to use these products for solicitation purposes (direct marketing, telemarketing, etc.) should consult with their own counsel, prior to purchasing or using these products, to determine the extent of permissible solicitation activities. User may be responsible for maintaining a “Do Not Call” list as may be required by any laws. Manufacturer is providing User with tools to assist in cleaning User’s dialing lists of “Do Not Call” telephone numbers; however, Manufacturer cannot guarantee the integrity or reliability of the tools to effectively eliminate 100% of the Do Not Call telephone numbers from User’s dialing lists. By using this software and hardware, the Buyer/User accepts 100% of the responsibility and liability regarding its use and will hold the Manufacturer and Seller completely harmless from any litigation or claims for any reason.
Revised: 06/06/05 |