These Terms and Conditions define the agreement for the provision of services on the web site https://www.calltaker.co. (The website name is case-irrelevant). Such services shall be in the form of text and images uploaded by the client to this web site, and responses provided by customers.
This web site is owned and operated by Synagen Systems Ltd (BVI).
"US"/"We" refers to www.calltaker.co, Synagen Systems Ltd, its owners, management and employees.
"You" are the person or organisation providing information to this web site.
"Our Web Pages"/"this web site" refers to the pages of information presented to you and the public by the URL (www.calltaker.co) . This includes web pages shown on smarphones, via QR Code reader and web browser.
"Member" is a person or organisation registered with us via the "registration" pages, and who has a valid login and password.
We are the sole copyright owner of all content on this web site, other than information provided to us by you for presentation to the public, such as trade name, logo and any other images or documents you provide. You agree that you are the sole copyright owner of any image, text or sound clips you provide to us for the purpose of displaying on our web site in any manner. You agree to indemnify us against any copyright infringement action brought about by any person or organisation contesting the copyright ownership of any image, text or sound clips you have provided to us.
Monthly subscription accounts shall have a billing cycle of a calendar month from the day the subscription was created. So, for example, if you registered your subscription to Calltaker on the 18th day of the month, then your payment account shall be billed on the 18th of each month. However, due to timing difference of differing time zones, the billing may appear to you to have come a day earlier or a day later.
Payments to Synagen will be made via Paypal. You do not have to be a Paypal member to use this facility - you may use a credit card without a Paypal account, using Paypal's own credit card processing facility.
If you have elected to have a monthly subscription to our services, your designated billing account (credit/debit card, bank account, etc.) will be charged automatically once per calendar month monthly, based upon the terms of the pricing model you elected.
For pricing models that are based on the number of registered users, the amount charged at the monthly payment processing will be calclated based on the total number of users that have been registered within your organisation's memebrship of Calltaker since the previous monthly billing process, regardless of whether those users are active, or have been cancelled. The amount to be billed will NOT be based solely on the number of active registered users at the time of billing. Thus, if you register 100 users during a monthly billing cycle, but then immediately cancel 90 of those users, your account shall be billed for 100 users for the month, not 10.
All amounts mentioned in this web site are USA Dollars ("USD$" or just "$"), unless otherwise specifically stated. A price of "1" means "USD$1.00".
Access to web site, programs and database - Hacking.
Members are pemitted to access information about themselves within our web site for the purpose of changing their details. Access to the various functionality of the web site shall be controlled by the issuance of a "user ID" (or your own email address) and a "Password". You shall not permit any unauthorised person to obtain your password or login ID. You shall not attempt to gain access to or modify the content of our web site, its programs, codes or databases.
Should you, or any other person, gain access to such unauthorised information, you and they are required to immediately cease and desist, and to inform us immediately and fully, via email on firstname.lastname@example.org, of the cirmstances and results of such transgretion. Failure to do so will result in your classification as a "hacker".
Any person who is found to have accessed areas of the web site, its database and various systems without proper authorisation, or has been found to be attempting to do so, shall be considered a "hacker". Any person found to be a "hacker" shall result in severe civil and criminal prosecution under state, federal and international law, which may result in substantial monetary compensation and/or prison.
What is deemed "hacking" shall not be limited to that described in these Terms and Conditions, but shall be defined and constrained by relevant state, federal and international laws.
Cancelling Membership to www.calltaker.co - By Us
We reserve the right to cancel any individual membership at any time if we consider the Terms and Conditions have been breached.
Should we decide to cancel your membership due to transgression of the word or intent of these terms, you shall not be liable to have any unused funds refunded to you. Such funds shall be forfeit.
In addition, your Paypal account shall be charged at the specified rate, pro-rata for the calendar month at the time the account is terminated. Thus, for example, if we cancel your account on the 15th day of your billing cycle, we shall charge your Paypal/credit card/bank account for 50% of the monthly billing fee, based on the number of users who were registered at any time during that period.
Cancelling Membership to www.calltaker.co - By You
Membership to the website can be cancelled by firstly logging in using your email address and password (as issued by us), and then sending us a message confirming your request to cancel, by way of the "Contact Us" page of our web site, or by sending an email from the email address recorded on your The Website membership account.
As this web site is for use by the general public, you shall not upload into our web site, to our web site, to any member's personal information, or to any other part of our web site any text, photos, audio clips or documents that are generally considered in Western societies to be pornographic, racist, sexist, inciteful to violence, hateful, or in any other way illegal or offensive.
We reserve the right to decide what constitutes "offensive" and will immediately takes steps to remove offensive material as quickly as possible. On such occasion we will give one email warning to the person or organisation oploading such material. Any further transgression will result in the immediate cancelling of their personal membership to The Website, with no compensation for payments made to date, or information uploaded and subsequently lost or disabled.
We agree that we will not send unsolicited emails to you, with the following exceptions.
1. You are knowingly applying to a newsletter mailing list. It must be made obvious that this is the case. For example, a competition entry form, of itself, does not constitute consent to send emails to the applicant. 2. You submit your email address on a form that is intended for you to give feedback or questions about our organisation, service provided or goods purchased. In this case, this is not approval to send spam. We are permitted to follow up with you to obtain more information about a problem and to attempt to rectify it with you. 3. You submit your email address on a form that states you may be contacted from time to time with promotional material. 4. You pay for a subscription service with us. In this case, we will send you the material you have paid to receive. We may on occasion send you emails with information about other services we provide that we think may be of interest to you. Such "marketing" emails will contain a simple "opt-out" link to prevent any further marketing emails being sent to you. 4. Any subsequent other emails sent to you will have a simple and obvious "Opt-out" option included on the email that does not require the recipient to log in to any web site to complete the opt-out process. Usage of this opt-out facility will require that we immediately and permanently cease any further contact with that email address.
Indemnity of Access.
You agree to indemnify, defend and hold Synagen Systems Ltd, their associated directors, shareholders, staff and management harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.
Limitation of Liability.
IN NO EVENT SHALL Synagen Systems Ltd OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF Synagen Systems Ltd OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Other Associated Works.
Any other works created for inclusion in the finished product shall be deemed to be owned by their respective copyright holders. This includes but is not limited to art work, designs, images, text and documents shown on any associated web site.
All information provided to us by you on all data-entry forms, emails and written documents is to be correct. Should it be deemed that you have provided incorrect information, we reserve the right to discontinue this agreement without notice and cancel your account.
You shall not provide any information, opinions, sound recordings or photographs that are of a defamatory or illegal nature. You indemnify Synagen Systems Ltd, all associated companies, their directors, shareholders, management and staff from any legal action arising from any such information or media content.
Provision of service guarantees.
While Synagen Systems, management, staff and associated providers of technical services shall make every reasonable attempt to ensure the facilities of this web site are available at all times (with the exception of scheduled shutdowns for maintenance), we cannot foresee every eventuality. Therefore, we do not provide any guarantee of the overall availability of the service, or of the fault-free nature of any individual function or program. Further, we do not guarantee loss of access due to an unplanned shutdown, hacking, "denial of service" attack, loss of data (for example if the database is required to be restored from a backup), or any other technical difficulty. Further, we shall not be liable to any financial recompense due to any such loss of accessibility or loss of data. By registering to use our service, you fully indemnify this web site, its management and staff, and Synagen Systems Ltd, against financial losses accruing from any such failure.
IF YOU DO NOT FULLY AGREE TO THESE TERMS AND CONDITIONS, IN THEIR ENTIRETY, YOU ARE REQUIRED TO CANCEL YOUR MEMBERSHIP TO CALLTAKER.CO IMMEDIATELY.
Changes to our Terms and Conditions
If we decide to change our Terms and Conditions, we will post those changes on this page.
If there are any questions regarding these Terms and Conditions you may contact us using the information below.
C/- OCRA 3908 Two Exchange Square
8 Connaught Place