Terms and conditions

TERMS OF USE

1. General

In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of applicable laws and regulations that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of MyHotline.

This Website by the URL www.myhotline.co is owned and operated by Hotline Pvt Ltd  (hereafter referred to as, “Company”), a company incorporated under The Companies Act, 1956 with its registered office at 607, 6th Floor Galleria Tower, DLF Phase IV,mGurgoan PIN- 122009, India

The expressions “We”, “Us”, “Our”, “Website”, “MyHotline” shall mean Hotline Pvt Ltd or its affiliates or agents and the expressions “You” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Website or agree to avail Our Services through this Website, or otherwise access our Website. The exception to this Agreement would be that your organisation has a separate contract with us covering the use of our Product, in which case that contract will govern your use of Myhotline Product.

For the sake of convenience, in this Agreement, Myhotline and the Customer may also be referred to individually as a ‘party’ and collectively as the ‘parties’.

This is our terms of use (hereinafter referred to as the “Agreement” or “Terms”). We provide access to our Product subject to the terms of this Agreement.  To be eligible to use our Product you must review and accept the terms of this Agreement.

By clicking on the “I Agree” button or using our Product you agree to the terms of this Agreement. The Agreement will become effective from the date you click on the “I Agree” button or from the date of your using the Product (hereinafter referred to as the “Effective Date”).

The Company is engaged in the business of information and technology services and is the owner of indigenously developed software and original business methods related to virtual and/or cloud communication services. The Company uses original software and business methods to provide IT solutions related to cloud communication products including but not limited to “My Receptionist”, “My SalesForce” and “Enterprise Call Management” , Inbound/outbound  call solutions and “Lead Management”, “ERP” , “ Ticketing”, “Appointment Management”, “Roll Call Pro”, “Dashboard”, “My egaurd” etc. The Company operates various websites and other services including but not limited to delivery of information and content via any mobile or internet connected device or otherwise (collectively the “Services”).

These terms and conditions (“Terms of Use”) apply to your use of this Website. By accessing or otherwise using the site You agree to be bound by these Terms of Use. Any membership accounts You may create by registration on this Website and/or purchase or avail any product or service available through this Website are governed by these Terms of Use.

We reserve the sole discretion of updating these Terms of Use from time to time without prior notice. Your continued use of the Website post any update to these Terms of Use would mean acceptance on your part to the amendments made herein.

 

2. User Registration

Users who are competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on this Website and can avail our Services. Persons who are competent to contract would mean and include every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India.

You would be required to sign up on the Website by providing certain personal details such as name, e-mail address, telephone number, relationship status and mailing address. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that you have provided such information, then the Website may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and the services (or any portion thereof) permanently.

When you sign up on this Website, your personal information will be registered automatically in our database which will be maintained and used by the Website in accordance with the Privacy Policy.

For registration purposes, the User shall submit identification documents as proof of their personal as well as business identity, as regulated by the Department of Telecommunications, Govt. of India. The documents MUST be submitted for approval within 3 days of activation of services. Failure to provide all the required documents within the stipulated timeline will lead to suspension of services to the account. In case the documents are still not submitted within 10 days from the date of suspension, the account will be terminated and the display number will be released back to Our telecom partner. In such an event, we will not be liable to offer any refund, either in full or in part, to the User.

We endeavor to activate a user-account in no later than 3 working days of receiving the payment and the required documents.

The following set of limitations is applicable in achieving these timelines: The timeline can get delayed based on the delay from the User’s end in providing the requisite documents mandatory for the activation of services. These may include, but are not limited to User agreements, ECS agreement form etc.

The timeline can also get delayed based on the changes made by the customer after the initial script and other setting requirements have changed. For script recording in regional or international languages/accents, the timelines can get delayed by 7-10 working days.

 

3. Termination

You may deactivate your membership account at any time and We reserve all rights to deny access, and to suspend or terminate your access to the Website without providing prior notice, for any reason, including violation of any of these Terms of Use by You. The services can also be terminated ‘ if it is found that some unlawful activity is being conducted using the services of the company; in such a case, we will not be liable to offer any refund, either in full or in part, to the User.

In case of termination/ abeyance /suspension of the User’s account/ services due to non-payment or non-renewal of services, or depletion of call/SMS credits/Amount from the User’s accounts, then We will not be held liable for the same and Our obligations will not extend to those instances.

 

4. Plans

The User has the option to renew Services at any period after the expiry of the initial term period, but not exceeding a period after 30 days as follows:

During the period after expiry of the term for one month the User shall have the option to renew the complete Services with the previous number and the service plan, provided the display number is still available with Us

 

5. Privacy Guidelines

For the purposes of User registration, You will be required to choose a password and You shall provide accurate information while creating your account on Our Website. You are responsible for maintaining the confidentiality of your password. We reserve all rights to access, share, communicate, convey, and disseminate some or all of the customer specific information to the extent it is permissible under the applicable laws in India, in order to provide better Services to the Users. We store and protect your personal information including sensitive financial information, if collected, by employing adequate and reasonable security measures in accordance with Information Technology Act, 2000 and the Rules thereunder.

 

6. Use of Content

A variety of information, text, graphics, data and other materials (“Content”) is available on the Website. The Content available on the Website shall be used solely for your non-commercial use and/or to benefit from the products, services intimated on the Website. The Website reserves complete ownership, title and full intellectual property rights in all Content uploaded by Us. You may not use any Content available via the Website in any other manner or for any purpose without the prior written permission of the Website. All rights not expressly granted in this Terms of Service are expressly reserved to Us.

The Website may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.

 

7. Scope of Work

The scope of work includes providing cloud  services for the User’s business requirements including Inbound & Outbound call/Business solution system for providing support services and IT solutions related to cloud based products.

 

8. Payment for Services

You agree to employ any of the electronic or other modes of payment available against the fee you make to our Website (i.e., net banking, debit cards, credit cards, prepaid wallet, other electronic means). You understand and acknowledge that We are expressly authorized to collect, process, facilitate and remit this fee made electronically by You.

The invoice(s) submitted by Us shall be subject to inspection and verification by the User and any discrepancies therein shall be brought to Our notice within 7 days of receipt of the invoice(s). If necessary, We shall modify and provide an amended invoice(s) and User will make the payments as per the modified invoice(s).

GST will be additional as applicable.

 

9. Service Level – Commitment

We guarantee 99% uptime for Our services. We measure uptime by the following mechanism:

We guarantee less than 15 failures in a month for 99% uptime. This will exclude scheduled downtime for maintenance and upgrades. The scheduled downtime will be not be more than 2 times in 15 days with a maximum duration of 2 hours per downtime. Scheduled downtime will be planned during the non-working hours. The User will be informed of the downtime in advance.

In case of breach of the guaranteed uptime, the penalties and its associated refund amount shall be governed by the following conditions:

1. For 0-15 incidents/ month – Zero Penalty
2. 15-50 incidents / month – 5% of the monthly rental will be refunded;

iii. 51 incidents / month – 10% of the monthly rental will be refunded;

We may see downtime in cases of force majeure or outages where We do not have a control over the resolution time, for eg. Outages at the end of our Telecom Partners, Cloud Partners, Internet Services Providers or Internet Hackers. Also, in the event where User has failed to recharge their account or on non- payment, We shall be entitled to discontinue the services and will not be held liable for any losses suffered by the User during this period due to suspension/discontinuation of services.

We will however, upon request, endeavor to provide a workaround for users such that the impact can be minimized. We further endeavor to reduce such downtimes by continuous up gradation of technology and automation of processes and continuous evaluation with its partners.

 

10. Third Party Providers

You understand and agree that third parties may develop applications that may be placed on MyHotline’s “MyHotline Store” application platform. Such applications may be accessed by you. You agree that such access or use will be solely at your own risk. We make no representation or commitment and will have no liability or obligation whatsoever in relation to the content or use of, correspondence with, or interaction with any such third-party software applications, or any related transactions.

 

11.Exit Policy and Transfer of Ownership of the Display Number

In case the contract between Us and the User has expired and the User decides not to renew the contract or extend services, We can, upon request, transfer the ownership of the display number to the User. The following conditions will dictate this policy:

1. Only virtual mobile numbers shall be transferrable.
2. The ownership of Landline/PSTN/Toll-Free numbers is not transferrable.

iii. We will charge a nominal fee of INR 2000 to assist with the transfer of ownership.

1. In case the User decides to initiate the process on his/her own, We will terminate & release the number from Our end and the User will have to contact the telecom operator directly to obtain the ownership of the number. In this case, the User does not have to pay any fees to Us for transfer of ownership.
2. The User can choose to keep the services activated until the number porting process is complete. In this case, User will be charged the rental and usage charges on pro-rata basis.
3. We reserve the right to charge the User up to INR 5000 as a security deposit against the aforementioned charges. Any part of unused amount will be refunded back to the user after the transfer of ownership is complete.

 

12. Unavailability of Desired or Committed Display Number

We will try to amicably resolve such issue by proposing best alternatives as a replacement to the desired number. No refund will be entertained if We do not find genuine interest on part of the User to resolve the issue, however if the issue is not resolved within 30 days from the date of payment, the User is entitled to 75% of amount paid, in addition to any charges paid towards obtaining a vanity display number.

 

13. Refund Policy

In case, the User decides to discontinue the usage of services from Us, the following conditions will apply:

1. In cases, where We have failed to provide the services as promised, the user can claim 100% refund, provided the services have not been used.
2. In cases, where We have failed to provide the services as promised, however, the user has availed the services provided in part or in full, We will only be liable to refund the part of services unused by the client.

iii. In cases wherein the user is dissatisfied with the services provided, he/she may claim 50% of the unused part of services by showing justifiable reasons for the said dissatisfaction.

1. The User can claim a 100% refund within 15 days of placing the order without showing any cause, provided the services have not been used.
2. In the absence of plausible cause, no refund claims will be entertained once service acceptance is received from the user. In case, it is learnt that the user is involved in some unlawful activity, no refund shall be made on termination of services. Also, We will not be liable to refund the User in cases of force majeure or outages where We do not have a control over the resolution time, for eg. Outages at the end of our Telecom Partners, Cloud Partners, Internet Services Providers or Internet Hackers.

 

14. Intellectual Property Rights

This Website is owned by MYHOTLINE.  All rights to, title and interest in the Content available on/ via the Website, the Website’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, design and code of the website/serives are the property of MYHOTLINE or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

 

15. Prohibited Use of the Website

In accessing any part of our Website, you agree:

-not to use our Website in such a way that disrupts, interferes with or restricts the use of our site by other Users;

-not to reverse engineer, de-compile, copy or adapt any software or other code or scripts forming part of our Website; and

-not to change, modify, delete, interfere with or misuse data contained on our site and entered by or relating to any third party user of our Website.

-material contained in our site must not be reproduced or exploited for commercial gain. All other rights are reserved and users must seek our permission before making any other use of material contained in our Website.

-not to use the Website and its solutions for purposes that are unlawful or prohibited under law. The User acknowledges that the IT Solutions include the use of telephonic resources and thereby are required to use them in compliance with applicable laws and regulations of the Telecom Regulatory Authority of

-India and the Department of Telecommunication.

-not to use the Website in any manner that may damage, disable, overburden, or impair the services of Hotline Pvt. Ltd., telephonic numbers and servers, or the network(s) connected to any User server

 

16. Communication

You consent to receive communications from us by way of e-mails, phone calls and SMS’s with respect to your transactions on our Website. Users will be required to register their valid phone numbers and e-mail addresses to facilitate such communication. We may also use your e-mail address to send You updates, newsletters, changes to features of the Service, and the like to provide You better Services.

 

17. Disclaimer of Warranties and Liability

You understand and acknowledge that You are availing our Services and transacting on our Website at your own risk. We shall neither be liable nor responsible for any actions or inactions of the User. We further expressly disclaim any warranties, conditions, representation and stipulations (express or implied) in respect of quality, reliability, accuracy, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products displayed or transacted on our Website.

 

18. Indemnity

You agree to indemnify, defend and hold harmless us and our affiliates, agents, employees, directors, officers, agents, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred by us  that arise out of or otherwise relating to your use of the Website, including without limitation any obligation to be performed by You pursuant to these Terms of Use. Further, you agree to hold us  harmless against any claims made by any third party due to, or arising out of or otherwise relating to your use of the Website, any claim arising out of damage caused to third party by You, breach of these Terms of Use by You, or your violation of any rights of another, including any intellectual property rights.

Notwithstanding anything to the contrary, Our entire liability towards You under these Terms of Use or otherwise shall only be in connection with refund of the money charged from You for any particular product or service, under which the unlikely liability arises.

 

19. Limitation of Liability

The Website and its affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction taken based on the Content available on the Website. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You specifically acknowledge that the Website and its affiliates are not liable for any defamatory, offensive or illegal conduct by the User or any third party. Additionally, in no event the Website will or its affiliates be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from the use of, or the inability to use the Website or its Content; the cost of procurement of substitute services, provided by the Website; unauthorized access to or alteration of your transmissions or data; the statement or conduct of any third party on the Website; or any other matter relating to the Website. These limitations will apply whether or not the Website has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

 

20. Disclaimer

The Website expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties in relation to materials posted on the Website and are not intended to amount to advice on which reliance should be placed without verification by the user. The Website disclaims all liability and responsibility arising from any reliance placed on such materials on the Website, or by anyone who may be informed of any of its contents.

No warranties are made that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The Website makes no warranties as to the accuracy, or reliability of any information provided through the Website.

 

21. Waiver

Any failure on our part to exercise any provision or right under these Terms of Use, shall not constitute a waiver by Us of that provision or right.

 

22. Governing Law and Dispute Resolution

The present Terms of Use shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by single arbitrator  appointed by us. Any arbitration shall be confidential, and neither You nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award; the award of which is binding on both parties. All administrative fees and expenses of arbitration will be divided equally between You and Us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The seat of arbitration shall be Jalandhar  and all proceedings shall be conducted in English.

 

23. Notices

All notices, requests, demands and other communications which are required or may be given under this Agreement will be in writing and will be deemed to have been duly given when received if personally delivered; when transmitted, if transmitted by telecopy, electronic or digital transmission method; the day after it is sent, if sent for next day delivery to a domestic address by recognized overnight delivery service and upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice will be sent to the respective addresses of the parties set forth below or to such other place, email address or fax number as either party may designate as to itself by written notice to the other. 28.2 Any notice or other communication given to a party under or in connection with this Agreement will be addressed to:

If to MyHotline, as mentioned in our Contact Us page .
If to the Customer, as specified in the Personal/Company Info Page .