Terms of Service
www.DialerCentral.com a division of Network Marketing Service Inc. Has A Strict NO REFUND POLICY - By completing your payment you agree to our Refund Policy herein below and on our Payment Center page.
By placing your order, you agree to the refund policy and phone broadcast policies addendum below. When becoming a customer of the Site by virtue of making your payment, you understand that any completed purchases or payments are non-refundable as you are granted access to the Site including but not limited to the Site's software, services, training area and other proprietary items made available in your back office provided to you by the Site. You further understand that there are no setup or monthly fees, and that you are paying for services rendered through our dialing platform and/or Dialer Central services. You understand and agree that payment is accepted through PayPal or Fortune3 by way of USAePay wherein you may make payment with a major debit / credit card or within your PayPal account depending on your chosen payment method. As such you agree to not file a dispute with your credit / debit card company or PayPal. All sales are final. Should the need arise, you agree to discuss any concerns regarding lead data delivery directly with www.DialerCentral.com a division of Network Marketing Service Inc. It is understood that funds paid for any of our broadcast self managed voice broadcaster minutes or services are made available to you through your back office interface, thusly any unused or abandoned minutes will not be refunded to you. It is your responsibility to utilize the minutes provided in your self managed account.
Purchaser further agrees to be bound by our Phone Broadcast and Ringless Voicemail Drop Policies Addendum herein noted below and within the private customer login area that is displayed every time the customer logs into the platform which is confirmed by the customer checking three boxes and typing the words "I Accept" into a confirmation field.
Purchaser agrees to provide the necessary software to access and utilize the website. (Up to date browser, flash player, Adobe PDF reader and associated hardware.)
Customer/Member understands and agrees to the following policies including but not limited to: software, telephone calls, data, files and information and any online or electronic documentation ("Software") which it accompanies.
When using the phone broadcasting or ringless voicemail drop service provided by the Site, member agrees to be bound by the policies listed herein. If customer/member does not agree with any policy, then do not purchase our services.
Payments made to purchase call time or message delivery for use with the phone broadcasting or ringless voicemail services are non-refundable. Customer/Member agrees to pay for all telephone calls initiated through the phone broadcasting and ringless voicemail services provided.
Except as otherwise specifically permitted in this Agreement, customer/member may not: (i) Modify or create any derivative works of any Software, Service or documentation, including translation or localization (code written to published APIs (application programming interfaces) for the Software shall not be deemed derivative works); (ii) Sublicense or permit simultaneous use of the Service by more than one user; (iii) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Software related to the Service (except to the extent applicable laws specifically prohibit such restriction); (iv) Redistribute, encumber, sell, rent, lease, sublicense, use the Service in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software. You may NOT transfer the Software under any circumstances; (v) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s) or Services; (vi) Publish any results of benchmark tests run on any Software to a third party without the Site's prior written consent.
The Site is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Service will be corrected.
Title to the Service remains with the Site and/or or its suppliers. The Service is copyrighted and is protected by United States copyright laws and international treaty provisions. Customer/Member will not remove copyright notices from related Software products. Customer/Member agrees to prevent any unauthorized access to user's Service account. Except as expressly provided herein, the Site does not grant any express or implied right to Licensee under the Site's and/or its suppliers patents, copyrights, trademarks, or trade secret information.
Title to the Service remains with the Site and/or or its suppliers. The Service is copyrighted and is protected by United States copyright laws and international treaty provisions. Customer/Member will not remove copyright notices from related Software products. Customer/Member agrees to prevent any unauthorized access to user's Service account. Except as expressly provided herein, the Site does not grant any express or implied right to Licensee under the Site's and/or its suppliers patents, copyrights, trademarks, or trade secret information.
Provision of any Service under these policies shall not create any obligation for Service to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Service either to the customer/member or to any other party. Customer/Member hereby warrants and represents that any use of phone broadcasting services provided by the Site will be in accordance with any and all Local, State and Federal Laws in which the customer/member is governed by. Furthermore the customer/member agrees that they are solely responsible for any phone broadcast campaign in which they have created and processed through the Site's broadcast services and that the Site will not be liable for any indirect, special, or consequential damages. Customer/Member understands that certain laws are in place governing the commercial practice of phone broadcasting and agrees to:
Customer/Member understands that responsible use of the broadcast services provided by the Site must be maintained. If the customer/member is unfamiliar with laws and regulations governing phone broadcasting within their area, the customer/member agrees to consult with legal council to confirm the governing within their area prior to creating or processing any phone broadcast campaign through the services provided by the Site. Furthermore, customer/member also agrees to familiarize themselves with the posted laws and regulations available online through the following websites:
THE PHONE BROADCAST SERVICE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE SITE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer/Member agrees to comply with all applicable international and national laws that apply to the Service or Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments for broadcasting services available to the Continental US, Canada, Europe and Australia.
Network Marketing Service, Inc. / DialerCentral.com, its owner(s), affiliates, distributors, and their respective officers, directors, partners, members, managers, agents, employees, suppliers, representatives, shareholders, and each of their successors and assigns (collectively, "Broadcaster") shall not be liable and are not responsible for any loss or damage Client suffers, or any loss or damages suffered by any party through or under Client, as a result of, or related to, the use, misuse, or abuse of the Service including, but not limited to: any indirect, incidental, special, punitive or consequential damages, resulting from or relating in any way to the use of the Service.
Client will be utilizing the Service to deliver pre-recorded messages by telephone. Client is solely responsible for complying with all applicable laws and regulations regarding the use of pre-recorded telephone messages, whether federal, state, local or otherwise. Client should consult with Client's legal counsel for guidance. Client understands and agrees that Client is not looking to Broadcaster for such guidance.
Client agrees to be responsible for (a) the content of information and communications transmitted using the Service, and (b) the use and publication of communications and/or information using the Service. Client understands and agrees that Broadcaster is only an intermediary for the transmission of Client information, that Broadcaster plays a passive role as a conduit for Client, and that Broadcaster neither initiates the transmission of information, selects the receivers of the transmission, nor selects nor modifies the information contained in the transmission.
In no event shall Broadcaster be liable for the fraudulent or illegal use of the Service by Client or by end-users of Client. Client represents and warrants that Service will not be utilized in a manner that results in violation of any law, rule or regulation. Client bears full responsibility for compliance with all state and federal laws regarding the content of the pre-recorded message(s) used. Client warrants that pre-recorded message(s) used will be in compliance with 47 U.S.C. § 227 or warrants exemption from its requirements. Client understands the Telemarketing Sales Rules ("TSR") as provided by the Federal Trade Commission ("FTC"). Client agrees to maintain its own Subscription Account Number ("SAN") with the FTC if necessary. Client represents and warrants that pre-recorded message(s) used and Caller ID displayed will comply with all legal requirements. Client warrants compliance with the FTC's identification requirements and agrees to maintain a Do-Not-Call policy as required by law.
Broadcaster may at Broadcaster's discretion disclose to a third party any information it deems necessary to satisfy any applicable law, regulation, legal process, governmental request, or in connection with any investigation, inquiry or complaint regarding Client's use of the Service. Client agrees to maintain the confidentiality of their assigned account number and pass code, and further agree take full responsibility for all activities and transactions that occur under Client's assigned account number(s).
Client agrees to indemnify and hold Broadcaster harmless from any and all claims, losses, damages, actions, demands, penalties, judgments, expenses and costs (including any attorney's fees and expenses) arising out of :
Broadcaster makes no express or implied representations or warranties about the Service and disclaim any implied warranties, including, but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose, legal compliance, accuracy of data, or non-infringement. Broadcaster does not authorize anyone to make any warranties on Broadcaster's behalf, and Client may not rely on any statement of warranty as a warranty by Broadcaster.
Except as otherwise provided in these terms and conditions or with the Site's prior written consent, member agrees that all information including, without limitation, that the terms and conditions stated herein, the Site and the Site’s business and financial information, the Site’s customer lists, and the Site’s pricing and sales information, shall remain strictly confidential and shall not be utilized, directly or indirectly, by a member for a member's own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than the Members. Notwithstanding the foregoing, member may deliver a copy of any such information (a) pursuant to a subpoena issued by any court or administrative agency, (b) to Members accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process.
Member acknowledges that by entering into and performing its obligations under these terms and conditions. The Site does not assume and should not be exposed to the business and operational risks associated with a member's business, or any aspects of the operation or content of a member's website(s). Accordingly, in addition to any other indemnification obligations contained in this Agreement, member shall protect, defend, hold harmless and indemnify the Site from and against any and all claims, actions, liabilities, losses, costs and expenses, even if such claims are groundless, fraudulent or false (including court costs and reasonable attorneys' fees) incurred as a result of claims of customers or other third parties against the Site owned and our Members, licensors, suppliers, officers, directors, employees and agents arising from or connected with any of the content or activities of an Members website (including without limitation any activities or aspects thereof or commerce conducted thereon) or related business, or a Members misuse, unauthorized modification or unauthorized use of the services or materials provided by the Site hereunder.
When you visit the Site or send e-mails to the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
There are a host of other reasons why you may want to communicate with a customer, a group of people, your organization's membership or others without trying to solicit them.
Those calls are called Informational Calls, Market Research Calls, or Announcements for a Public Service and are not restricted by FCC rules, nor are calls on behalf of non-profit groups or healthcare providers.
The rules do not require you to have any pre-existing consent when making an exempt call listed under the FCC rules and regulations.
Informational Call regulations revolve around the content of the call. The content of the message makes it either a Telemarketing call or Information call. In either case, if the message is pre-recorded, there are a few pieces of additional content that must be included (company name, number, etc.)
It's a fine line between a telephone solicitation and an informational call - you don't want to cross it! Here is an example straight from the FCC's comments to illustrate the difference:
The FCC's comments point out how a call reminding you that it's time for your 50,000 mile automobile service check-up is OK, but if the call offers a $10 off coupon, it's a solicitation.
You could be providing information on why it is important to have personal life insurance.
Example: "Hello, this is a call from ABC insurance. This is not a sales call. Did you know most people ages 18-40 do not have life insurance. Many people do not know it can be used as a savings vehicle. We can provide you with information and answer any questions you may have by pressing 1 now. This is an information call as a public service and you are not required to make any purchases when speaking with our organization."
However, if you were to mention rates, sales, or promotions, this call would quickly move from being informational to telemarketing.
It really comes down to the content of your automated campaign. When an automated call has the proper content (le it is an informational call, is from an exempted group or when it complies with the recent, stricter rules around Telemarketing calls) it is valid and valuable and even an encouraged vehicle for contacting your audience.
