Toll Free Numbers and Call Back Services (“ziffy.in”), a service provided by ZNI WIRELESS PVT LTD (referred as “ZNI” hereafter), provides its customers/users (“you”) with enhanced telephony services (collectively the “Service”) as described more fully on the Internet at www.zni.in or www.ziffy.in or www.znisms.com or any sub-domains on such websites (the “Website”).
ZNI reserves the right at its sole discretion to refuse service to anyone for any reason.
In order to use the Service, you must, at your sole expense: (1) provide and be responsible for payment for all equipment necessary to establish a connection to the Internet; (2) provide for access to the Internet and pay any Internet connection service fees associated with such access; (3) supply all phone service features required for your use of the Service; and (4) pay for the Service.
You agree to provide ZNI with accurate and complete registration information, and agree to keep that information updated at all times. Failure to do so constitutes a breach of this TOU.
By registering for the Service, you will receive a password. It is solely your responsibility to keep your account information and password secure. You may not disclose your password to anyone except persons that you have authorized to use your account. You hereby assume all liability of any kind arising out of or related to the use of the Service by such authorized person(s). You hereby expressly release and indemnify ZNI from, and hereby assume all liability and damages of any kind arising out of or related to, all activities conducted through your account on the Service by any persons, whether or not such persons are authorized by you to use the Service. You agree to notify ZNI immediately of any unauthorized use of your account or any other breach of security you know of or suspect.
The fees paid by you to ZNI are only for the Service. You are responsible for all charges associated with your telephone, all telephony equipment, long distance charges and charges for connecting to the Internet. You agree that any telephone or other communications mode charges incurred are your sole responsibility. You may be subject to other charges from your phone company in addition to the fees for the Service.
You are solely responsible for all content, data, materials, or information you transmit via the Service (collectively, “Content”). ZNI provides unfiltered services. This means that Content is not routinely reviewed before being transmitted through the Service, and ZNI will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise. Furthermore, ZNI shall not be responsible for any unsolicited telephone calls (e.g., telemarketing calls) or calls made by any type of payphones received by you through the Service.
ZNI does not control Content accessed, posted, recorded, or otherwise transmitted or received via the Service and does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will ZNI be liable for any Content accessed, retrieved, recorded, heard, posted, or otherwise transmitted or received via the Service, regardless of where or how it originated.
As a user of the Service, you agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited.
You also agree not to use the Service to:
Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
Threaten, harass, defame, embarrass, or distress any other person or group;
Transmit any unlawful, harmful, defamatory, pornographic, obscene, vulgar or otherwise objectionable messages or material;
Transmit unsolicited fax or voice advertisements or solicitations (“fax/voice spam”) in violation of central or state laws, including but not limited to any “do not call” or “NCCP” list restrictions;
Transmit any information in violation of the Indian Constitution or which otherwise may be deemed in furtherance of terrorist activity or in breach of the national security of the India or any other state or nation; or
Transmit any materials or information in any manner that violates applicable law;
Abuse payphone compensation;
If ZNI, in its sole discretion, believes that you have violated any of the above restrictions or that you have otherwise violated any applicable law, ZNI may forward the objectionable material, as well as your communications with ZNI and your personally identifiable information, to the appropriate authorities for investigation and prosecution, and may immediately terminate your service without penalty or liability of any kind to ZNI.
Any plan with a call rate of less than Re 1 per minute cannot be used in a call center environment unless approved by a ZNI’s authorized signatory in a physical written format.
MODIFICATIONS TO SERVICE
ZNI reserves the right to modify, suspend, or discontinue the Service from time to time with or without notice to you. ZNI shall not be liable to you or any third party if ZNI exercises its right to modify, suspend, or discontinue the Service.
You agree that ZNI, in its sole discretion, has the right to establish limits which ZNI deems reasonable on the number and/or size of messages which you send, receive and/or store in order to prevent any negative impact on the use of the Service by others, and you agree to comply with any such limits which ZNI may establish at its sole discretion from time to time. ZNI assumes no responsibility for the deletion or failure to deliver or store voice or call logs or other messages.
You also acknowledge and agree that ZNI makes no representation, and does not purport to offer any enhancements, with respect to processing of Caller ID information from incoming callers. ZNI will attempt to display and log caller’s Caller ID information as it is provided to ZNI by its telecommunications network provider(s), but ZNI makes no representations of any kind that such attempts shall be successful. ZNI EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO BLOCKING OUT CALLER ID INFORMATION IF IT IS PRESENTED TO ZNI AS UNBLOCKED, OR UNBLOCKING SUCH INFORMATION IF IT IS PRESENTED AS BLOCKED, OR IF IT IS OTHERWISE UNAVAILABLE TO ZNI. YOU EXPRESSLY AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS ZNI FROM ANY LIABILITIES PERTAINING TO INAPPROPRIATE OR UNAUTHORIZED USE OF THE CALLER ID INFORMATION, AS WELL AS ANY FAILURE BY ZNI TO BLOCK OUT CALLER ID INFORMATION, IF IT IS PRESENTED TO ZNI AS UNBLOCKED, OR UNBLOCKING SUCH INFORMATION IF IT IS PRESENTED AS BLOCKED, OR IF IT IS OTHERWISE UNAVAILABLE TO ZNI.
You acknowledge that your right to use the Service is subject to the following limitations:
Your rights to the Service granted under this Agreement are personal to you. You may not sell, assign, or otherwise transfer or agree to transfer all or any portion of those rights without the prior written consent of ZNI, which consent may be withheld for any reason in the absolute discretion of ZNI.
- ZNI reserves the right to terminate accounts which remain inactive for over 90 days, or accounts which, in the sole judgment of ZNI, are used for purposes that are illegal, or which ZNI deems inappropriate or detrimental to ZNI.
- ZNI also reserves the right to terminate accounts, which do not pay their monthly usage charges or bill raised by ZNI for consecutive 2 months (or 60 days or 2 bills).
- You acknowledge that the Service is intended for customary personal and business use. The Service is not intended for dedicated telecommunications services and in no case is the Service intended for intensive auto-dialing, continuous, or extensive call forwarding, or dedicated telemarketing.
- You should not use the service number assigned to you by ZNI for incoming calls (IVR or CBS) in any of your bulk promotions communicated through telecom infrastructures like voice calls, SMS, FAX etc.
- You understand that such inappropriate use of the Service may result in immediate cancellation of your account by ZNI without any penalty or liability of any kind to ZNI, and that you will not be entitled to any refund in case your account is canceled thereby.
- You understand that ZNI is limited in the depth of Customer Service that it can provide to customers. Accordingly, telephone-based technical support may not be provided. ZNI will provide email and other support resources on an as-available basis. If you experience a problem with the Service, you can contact support at http://support.zni.in.
- You understand you own the number as long as you have the credit limit on your number. If you carry Rs 0 (zero or less than zero) balance on your number for 30 days, or the renewal fee is not paid before the expiry date, your number will be recycled and as such, you will lose your number, no refund will be processed in this case including the security amount charges.
- You understand that once the call is landed on our system your billing will start irrespective of whether you have received the call on your termination number (i.e. your mobile or landline) or not. You will also be charged for IVR duration.
- You understand that caller ID (CLIP) or display number when you receive the call from our end will not be the same as of the caller’s due to the fact that govt of India don’t allow caller id spoofing and since the call is forwarded through our number you will only see the number from, which call is being forwarded and this number could be different for different calls.
- You understand that call forwarding would take 5 seconds to 25 seconds on an average and could take longer if the call receiver is busy or not reachable. This is out of our bounds and we can not control how much time it would take actually to transfer the call.
- You understand that ZNI may terminate your Service if your telephone number and/or email address cease functioning at any time and for any reason.
- You acknowledge and agree that you are aware of and will fully abide by the statutory and regulatory rules prohibiting unsolicited fax, SMS and voice advertisements set forth in the National Commercial Communication Policy, 2010. Violations may subject you to statutory fines and penalties, and compensatory damages. For further information, see http://www.nccptrai.gov.in.
- You understand that the Service MAY NOT be used for faxmail or out bound voice call spamming campaigns.
- You expressly agree to fully defend, indemnify, and hold harmless ZNI and its suppliers from any complaints arising out of your use of the Service in violation of any central or state statutes or regulations.
- You understand that inappropriate use of the Service may result in immediate cancellation of your account by ZNI, and that you will not be entitled to any refund in case your account is cancelled thereby.
Any attempt to use the Service other than as provided herein shall be a breach of this Agreement and will subject you to possible legal action and/or fees.
ZNI will charge a security or credit limit charges for each toll-free number, click2call service and out-bound calls, which will vary depending upon the plan and starts from Rs 2200/-. All the security amount deposited by the customer is non-refundable but can be adjusted against the usage bill. In case where ZNI provide security limit from its own end then you will be liable to pay the usage charges within 7 days after the generation of bill. If the said amount is not paid within 7 days then ZNI can terminate your account without giving you any notice.
Security amount in case of plans starting with plan name ODINS or termed as Zero Rental Plans is only adjustable from the usage amount (monthly usage bill) at the time of termination of the services after two years of lock-in period. If the services are terminated before two years then the security amount is neither refundable nor adjustable in the usage bills.
You hereby allowing ZNI to call on your listed numbers (numbers provided by you for toll-free 1800, IVR and CBS) anytime 24×7, 365 days in our records for any transactional or non-transactional (i.e. promotional) voice or SMS messages through any telecom resources owned or leased by ZNI.
ZNI do not sell these numbers to any third party but calls can be received from third parties through ZNI’s telecom resources on your leased Toll-Free 1800 or IVR number.
You will also be liable to pay all extra charges ZNI will incur in the processing of your account. Bank charges of Rs 120 per payment for a maximum limit of Rs 1,00,000/- by cheque or DD or online transfer will be charged every time. In case of cash payments deposited on our bank account will be charged on an actual basis (as charged by the bank) or Rs 120/- whichever is maximum.
- Late payment charges are payable at the rate of 2% of total payable amount or Rs 600 whichever is higher if the due amount is not paid within 7 days of bill presentment through e-mail.
- Reconnection charges are payable at the rate of 10% of total payable amount or Rs 2000 whichever is higher if the account is not renewed within the expiry period or date.
Call Charges: Call charges are billed on the basis of pulses and each pulse is of 60 seconds (+-1 second). You will be billed according to your plan for the complete duration of the call (starts from the call lands on our system till the call ends and even for the duration when the call is being forwarded).
Missed Call Charges: You will be charged accordingly to your plan for each missed call. Missed calls are defined as missed only when our system isn’t able to attend the call. It doesn’t matter whether the customer/call receiver has picked the call or rejected it. Once the call is landed on our system we treat it as live call and not the missed call. You will get the data of missed calls also in your panel.
Call Recording Charges: There is a system in place, which allows you to record the conversation held on your IVR / Tollfree number between your caller and you. This can be enabled from the control panel (by default it is disabled). For every call, you record you will be charged extra according to your plan.
SMS Alert Charges: There is a system in place, which allows you to receive or send SMS alerts to the caller or called party. This can be enabled from your control panel (by default this is disabled). You will be charged extra according to your plan and maximum (default) charges per SMS alert is 20 paise unless specified separately on your plan sheet.
Holiday Mode Charges: You can set your IVR / Tollfree number on holiday mode and it can be set from your control panel (by default this is disabled). Once set you will be charged Rs 0.25 per missed call (no matter what your plan’s missed call charges are).
Call Forwarding Charges: You will be charged Rs 0.75 per minute for call forwarding i.e. call forwarded to your agent from your IVR service. These charges are over and above the call charges mentioned on the plan if they are not already included in IVR charges. This is applicable for all services. You will not be charged for call forwarding if the call was not Answered from your end. Most of our plans have call forwarding charges already included unless otherwise mentioned in plan sheet.
COMMITMENT CHARGES (Applicable to Daily Rental Or Zero Rental Plans)
All plans, which starts with ODINS (plan name) are commitment based plans i.e. you will be charged a fixed amount plus the call charges (for the call received on that day) as commitment amount daily, based on the plan if your daily usage doesn’t match or exceeds committed amount. For example, if any plan has commitment amount of Rs 50/- per day and commitment charges of Rs 50/day then your daily usage should exceed Rs 50 or else you will be charged Rs 50 + call charges for that day.
CONTRACT PERIOD (Applicable on Monthly Payment Plans)
All the monthly payment plans come with 12 months lock-in period i.e. you must agree to continue the service for twelve months or reimburse ZNI for 12 months rental. If you discontinue your service before 12 months then ZNI will have full liberty to impose a penalty not higher than the total rental of 12 months (calculated on pro-rata basis as per the billing plan).
FAIR USAGE POLICY
If we reasonably believe that your use of the Telecom Services, including (but not limited to) the total number of Inclusive Calls you receive, is not consistent with normal, fair and reasonable use of such telephone services then we will be entitled, at our option, to: impose limits on your Inclusive Calls or suspend /terminate the Services.
Wherever reasonably possible we will give you written notice before taking any such action, and allow a reasonable period to allow you to modify your use.
Fair Usage Policy (FUP) for unlimited plans restrict you to use any resource provided by ZNI in a call-center environment where calls are distributed to multiple agents. Every unlimited plan has different FUP policy and once you exceed the daily usage (as defined as FUP limit) from that limit your channels will be limited to one for rest of the day.
In some plans, we restrict your usage by defining a credit limit, which can not be enhanced.
TRANSFER OR OWNERSHIP
At the time of service disconnection (not less than 12 months) you can transfer the ownership of the toll-free 1800 number on your name (company or individual) by paying one-time charges of Rs 5000/- over and above your plan rental & charges you paid before. Ownership transfer would take 3 months and once the number is transferred on your name you will be charged for the rental and call charges directly by the mobile service operator and we will not have any control on your billing plan.
Operator may charge you a higher rental or call charges what you were paying to us.
VIOLATION OF TOU
In the event of any actual, threatened, or potential violation of the letter, spirit, or intent of any of the terms or conditions of this TOU as determined by ZNI in its sole discretion, ZNI reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided to you by ZNI, to block any prohibited activity, or to take any other actions deemed appropriate by ZNI in its sole discretion and without prior notice. With respect to abuse of the limits established from time to time by ZNI on the number and/or size of messages which you send, receive and/or store while using the Service, or the number and/or length of calls you place or receive while using the Service, ZNI also reserves the right to charge abusers of Unlimited Plans at the Pro Plan rates then in effect. Users who violate this TOU may additionally incur criminal and/or civil liability. ZNI may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection its investigations of any suspected civil or criminal violations.
YOU AGREE TO INDEMNIFY AND HOLD ZNI AND EACH OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, TELECOMMUNICATIONS PROVIDERS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE USE, SUSPENSION, DISABLEMENT, CANCELLATION, OR TERMINATION OF YOUR ACCOUNT ON THE SERVICE, ANY CONTENT POSTED, RECORDED, TRANSMITTED, OR RELAYED TO OR THROUGH THE SERVICE, YOUR VIOLATION OF THE TOU, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ZNI OR ANY OF ITS RESPECTIVE SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED THEREWITH BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, SUSPENSION, CANCELLATION, DISABLEMENT, TERMINATION, OR THE RESULTS OF USE OF THE SERVICE, ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF ZNI OR ANY OF ITS RESPECTIVE SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED THEREWITH, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, (E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY)) IS LIMITED TO FIFTY DOLLARS (INR 1000). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED BY ZNI ON AN “AS IS” BASIS. NEITHER ZNI NOR ITS SUBSIDIARIES, PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND FUNCTIONALITY OF THE SERVICE OR ANY CONTENT TRANSMITTED OR MADE AVAILABLE BY OR THROUGH THE SERVICE. ZNI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, ZNI DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Either you or ZNI may terminate your account at any time. This is your sole and exclusive remedy with respect to any dissatisfaction with the Service, the terms and conditions set forth in the TOU as may be updated from time to time, or any other policies and practices of ZNI now in effect or that may be adopted or modified in the future. You may terminate your account by delivering a letter by registered post of Indian Postal Department to: ZNI Wireless Pvt Ltd, HI-194, Sector I, Jankipuram, Lucknow – 226021, Uttar Pradesh; or by sending an email to [email protected] sixty days in advance. Your account termination will take effect within a reasonable amount of time after ZNI’s receipt of your termination notice usually at the 61st day after receiving the notice. You will be charged for two months rental (as per your billing plan) after receiving the notice. You may use the services in this period. ZNI reserves the right to restrict access to the Service to any user (including you) if it reasonably believes the user has breached this TOU in any way, and may at any time in its sole discretion, with or without notice and with or without cause, immediately deny access to the Service and may remove all account information, voicemail boxes and their contents, and any other content. PLEASE NOTE THAT MONTHLY, BIANNUAL, AND ANNUAL SUBSCRIPTION PAYMENTS, CREDIT LIMIT CHARGES, SECURITY AMOUNT FOR THE SERVICE ARE NON-REFUNDABLE AND WILL NOT BE PRORATED REGARDLESS OF USAGE.
ZNI reserves the right to terminate the account if there is over usage (i.e. usage exceeds the security limit maintained by the user) not paid within 2 days or the account has expired.
In case of ODINS (commitment based) plans security (credit) limit should always be maintained in a way that usage should not exceeds it. In case of overdue payment for two days services will be terminated. Usage amount should be paid within 7 days of receipt of bill on email. Failure of this will lead to termination of services.
Termination clause is not valid for contractual plans billed on monthly basis.
The TOU shall be governed by and construed in accordance with the laws of the state of Uttar Pradesh and all disputes are subject to the jurisdiction of Lucknow, Uttar Pradesh, India. If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ZNI’s failure in any instance to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ZNI in writing. You and ZNI agree that any cause of action arising out of or related to this TOU or the Service must commence within one (1) year after the events giving rise to the cause of action first arose; otherwise, such cause of action is permanently barred. The section titles in this TOU are solely used for the convenience of the parties and have no legal or contractual significance. These terms and conditions constitute the entire agreement between you and ZNI with respect to the subject matter herein and supersede in their entirety any and all prior or contemporaneous oral or written agreements. You may not assign this Agreement to any other party.