These Call Center Africa Terms of Service (“Terms of Service”) constitute a legally binding agreement between you (“Customer”, “you” or “your”), whether personally or on behalf of an entity who registered for a Call Center Africa account on the Call Center Africa Site, and Zerxis Limited, doing business as “Call Center Africa” ("Call Center Africa", “we”, “us”, or “our”), and sets forth the terms and conditions that govern your access to and use of a hosted communication solution that manages messaging communication and enables the creation of interactive Short Message Service (SMS), voice and social media workflows, and other services available through the Call Center Africa Site (collectively, the “Call Center Africa Service”).
If you register for a free trial or demo account of the Call Center Africa Service, these Terms of Service will also govern that free trial or demo.
The Call Center Africa Service is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Call Center Africa Service. You may not use the Call Center Africa Service in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Call Center Africa Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Call Center Africa Service.
Terms used in these Terms of Service and not defined in-line have the meanings set forth below:
“Contact” means a third party who sends messages to, or receives communication from, the Call Center Africa Service.
“Credit” means the virtual cost of sending or receiving a single message or voice on behalf of the Customer by the Call Center Africa Service.
“Customer Data” means data transmitted by you, your Users (as defined below) and Contacts to the Call Center Africa Service, and includes Content (as defined below) and personal information.
“Law(s)” means all laws, rules, regulations and other binding requirements of any governmental authority with jurisdiction.
“Message” means an SMS message or other text messsages which is sent or received by the Call Center Africa Service.
“Call Center Africa Site” means https://callcenter.africa.
“Workspace” means the Call Center Africa Site interface that enables a User to create flows, add channels and interact with Contacts using Voice or Interactive messages.
Before using the Call Center Africa Service, you must designate a person within your organisation to have the authority to administer your Call Center Africa account (the “Administrator”). Call Center Africa will provide the Administrator with a login and password to access an administrative console on the Call Center Africa Service (the “Administrative Console”). The Administrator may use the Administrative Console to create and manage Call Center Africa accounts registered to your organisation (each, a “Login”) and monitor activity for all Logins. The Administrator may only create Logins for your employees, contractors or other persons that maintain an email or web address that is registered, owned or controlled by you (each, a “User”) or for Administrator(s). The Administrator may create up to 1 Login on your Call Center Africa account. Additional Logins are subject to additional fees. You will ensure that your Users secure their Login credentials at all times. You are responsible for any unauthorised access to a Login as a result of compromised Login credentials.
You may place an order for Credits, Workspaces, Contacts, or other forms of the Call Center Africa Service (each order, a “Subscription”) by selecting a Subscription through the Administrative Console. The Subscription will commence on the date that Call Center Africa enables the Subscription on your Administrative Console and continue until you or Call Center Africa close your Call Center Africa account (the “Subscription Period”). We reserve the right to refuse any order placed through the Call Center Africa Service.
If you register on the Call Center Africa Site for a demo account, we will make some features of the Call Center Africa Service available to you free of charge on a trial basis until the earlier to occur of: (a) the expiration of the trial period indicated in your Call Center Africa account; (b) the start date of a purchased Subscription; and (c) either party’s termination of the trial period. Any data you submit through the Call Center Africa Service during the free trial will be permanently lost unless you purchase a Subscription before the end of the trial period.
The Call Center Africa Service enables Users to transmit, store, retrieve and share electronic files, materials, text, audio, video, images, data, statements or other content generated by a User through a Login (the “Content”) and share such Content through messages to and from Contacts. You agree that you are solely responsible for the nature and content of all Content and other visual, graphical, video, written or audible communications of any nature submitted by any User or Contact, or otherwise used through your Logins. In addition, you acknowledge that you are responsible for the use of electronic mail, SMS and any other messages in connection with your use of the Call Center Africa Service. Call Center Africa may provide you and your Users with access to pre-built forms that your Users may use in conjunction with the Content. Call Center Africa reserves all rights to any pre-built forms it makes available through the Call Center Africa Service.
You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content, and its storage and transmission, comply with these Terms of Service, the Content Guidelines found here: [link], and any and all applicable Laws; (c) promptly handle and resolve any notices and claims relating to the Content; (d) promptly handle and resolve any notices sent to Customer by any person claiming that any Content violates any person’s rights, including take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (e) maintain appropriate security and protection to prevent unauthorised access to or use of the Call Center Africa Service. You are responsible for any deletion, destruction, damage or loss of Content caused by or at the direction of you or a User. You will obtain all necessary licences, rights, consents, releases or permissions from third parties to use, and to authorise Call Center Africa to use, disclose and process the Content (including any personal information included in the Content) through the Call Center Africa Service in accordance with these Terms of Service and all applicable Laws.
You agree not to use, or permit the use of, the Call Center Africa Service:
(a) in violation of applicable Laws, including, without limitation, any U.S. denied party-list, embargoed country restriction, export law or regulation; (b) to communicate any message or material that is defamatory, harassing, libellous, threatening, or obscene; (c) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (d) in any manner that is likely to damage, disable, overburden, or impair the Call Center Africa Service or interfere in any way with the use or enjoyment of the Call Center Africa Service by others, including, without limitation, by circumventing security-related features; (e) to introduce any malicious activity to the Call Center Africa Service, including, without limitation, any software program or code intended to destroy, interfere with, corrupt, or cause undesired effects on program files, data or other information, executable code or application software macros; (f) to circumvent a contractual usage limit; (g) to modify or create derivative works of the Call Center Africa Service; (h) to reverse engineer the Call Center Africa Service (except as permitted by applicable Law); (i) to engage in any automated use of the Call Center Africa Service that is not authorised by Call Center Africa, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools; (j) to deceive, defraud or mislead Call Center Africa and other users, especially in any attempt to learn sensitive information; (k) to retrieve data or other content from the Call Center Africa Service to create or compile, directly or indirectly, a collection, compilation, database or directory without Call Center Africa’s prior written permission; or (l) in any way that constitutes or encourages conduct that could constitute a criminal offence.
Call Center Africa reserves the right, in its sole discretion, to change or require you to change your Call Center Africa account user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Call Center Africa Service.
Call Center Africa may at any time suspend any User’s use of the Call Center Africa Service or remove or disable any Content which Call Center Africa reasonably and in good faith believes is in violation of these Terms of Service or the Content Guidelines. Call Center Africa is not liable for any damages arising out of a suspension of the Call Center Africa Service.
You may only permit Users to use the Call Center Africa Service. Call Center Africa has no liability to you or any third party for any reason as a result of any unauthorised disclosure of, or access to, your Logins or Content as a result of your or a User’s misuse of the Call Center Africa Service or unauthorised use of a Login’s account credentials. If you become aware of any unauthorised use of or access to any Login, Content or the Call Center Africa Service, you will immediately suspend the affected Login and notify Call Center Africa in writing of the unauthorised use. In addition, you will provide Call Center Africa with reasonable cooperation and assistance related to any such unauthorised use as we may reasonably request.
We reserve the right, but not the obligation, to: (a) monitor the Call Center Africa Service for violations of these Terms of Service; (b) take appropriate legal action against anyone who, in our sole discretion, violates any Laws or these Terms of Service, including without limitation, reporting such person or entity to law enforcement authorities; (c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Content; (d) in our sole discretion and without limitation, notice, or liability, to remove from the Call Center Africa Service or otherwise disable all files and Content that are excessive in size or are in any way burdensome to our systems; and (e) otherwise manage the Call Center Africa Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Call Center Africa Service.
Call Center Africa may make third-party applications, which are separately licensed by their provider, available to you for use in connection with the Call Center Africa Service (“Third-party Products”). Call Center Africa makes no warranties of any kind and assumes no liability whatsoever for your use of such Third-party Products but will make available any warranty that is included in a licence granted to Call Center Africa for use of such product to you. If you accept and enable a Third-party Product for use with the Call Center Africa Service, we may allow providers of those Third-party Products to access Customer Data as required for the use of the Third-party Product in conjunction with Call Center Africa. Call Center Africa is not responsible for any disclosure, modification or deletion of Customer Data resulting from access provided to a Third-party Product provider. You agree to comply with the terms of service of any Third-party Products.
From time to time, we may offer you the ability to use products and services that are not generally available to customers (the “Beta Services”). The Beta Services will be clearly designated as beta, pilot, limited, or similar identification, may contain bugs or errors, and may be subject to additional terms. THE BETA SERVICES ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY.
Zerxis Limited will provide the Call Center Africa Service to you at the rates described on the Call Center Africa pricing list found athttps://callcenter.africa/pricing (the “Fees”). Fees are based on Subscriptions purchased and the maximum number of Contacts on your Workspace during a billing period, regardless of whether you utilise the Call Center Africa Service to build flows, send messages or make calls. Except as expressly stated to the contrary, all Fees are non-refundable and are payable in US dollars or Kenya Shillings. Call Center Africa may revise the Fees at any time with at least 30 days’ advance notice to you.
You agree to pay all Fees at the prices then in effect for your Subscription(s), and you authorise us to charge your chosen payment method for any such amounts in accordance with the billing frequency of your Subscription. If your selected Subscription is subject to monthly Fees, Call Center Africa will charge your chosen payment method on a monthly basis starting on the date that Call Center Africa enables the Subscription on your Administrative Console. If your Subscription is subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
You agree to provide current, complete, and accurate account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed, and you agree to notify us of any changes to such information. Sales tax will be added to the price of purchases as deemed required by us.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
Except as expressly stated to the contrary, Fees are exclusive of Taxes and, you will promptly pay or reimburse Call Center Africa for all Taxes arising out of these Terms of Service. For purposes of these Terms of Service, “Taxes” means any sales, use and other taxes (other than taxes on Call Center Africa income), export and import fees, customs duties and similar charges applicable to the transactions contemplated by these Terms of Service that are imposed by any government or other authority. You confirm that Call Center Africa can rely on the name and address set forth in the Administrator Console as being the place of supply for sales tax purposes. If you are legally entitled to an exemption from the payment of any Taxes, you will promptly provide Call Center Africa with legally sufficient tax exemption certificates for each taxing jurisdiction for which it claims exemption. Unless otherwise prohibited by Law, Call Center Africa will apply the benefits of any requested tax exemption to charges occurring under your Call Center Africa account after the date Call Center Africa receives such tax exemption certificates.
You may cancel your Subscription at any time. Call Center Africa will provide a prorated refund of any prepaid Fees for the remainder of the Subscription Period after the date of termination. You may cancel your Subscription by either: (a) logging into your Administrative Console and following the steps to cancel your Subscription; or (b) emailing us at firstname.lastname@example.org. See “Cancellation Policy” under the FAQ’s for more information on how to cancel your Subscription.
If you are unsatisfied with our services, please email us at email@example.com.
Call Center Africa is not responsible for, and you agree to be solely liable for: (a) all costs relating to sending and receiving SMS and other messages through a mobile network or other means in your use of the Call Center Africa Service; and (b) all costs associated with your use of a Third-party Product (if any).
Customer owns all right, title and interest in and to the Content (except to the extent that the Content includes any Call Center Africa-generated forms). By submitting Content through the Call Center Africa Service, Customer grants Call Center Africa a nonexclusive, worldwide, sublicensable, transferable, perpetual, irrevocable, fully paid-up and royalty-free licence to transmit, use, host, display, reproduce, modify, translate, analyse and disclose the Content to provide the Call Center Africa Service, improve and create new features on the Call Center Africa Service, and to comply with any request of a governmental or regulatory body (including subpoenas or court orders) or as otherwise required by Law. In addition, Call Center Africa may disclose the Content in response to an emergency which Call Center Africa believes in good faith requires Call Center Africa to disclose information to assist in preventing the death or serious bodily injury of any person.
Zerxis Limited owns all right, title and interest in and to the Call Center Africa marks, the Call Center Africa Service, the Call Center Africa Site and all hardware, software and other items used to provide the Call Center Africa Service. No title to or ownership of any proprietary rights related to the Call Center Africa Service is transferred to Customer or any Contact pursuant to these Terms of Service or any transaction contemplated by these Terms of Service. Call Center Africa grants to Customer during the Customer’s Subscription Period a limited, non-exclusive, worldwide, royalty-free, non-transferable licence, without the right to sublicense, to access and use the Call Center Africa Service solely in accordance with these Terms of Service. All rights not explicitly granted to Customers are reserved by Call Center Africa.
Customer grants to Call Center Africa a limited, nonexclusive, worldwide, royalty-free, non-transferable licence to use and display Customer's name, trademark and brand features (each, a “Customer Brand Feature”) through the Call Center Africa Service and, with Customer’s prior consent, to reference Customer as a user of the Call Center Africa Service. In Call Center Africa’s use of any Customer Brand Feature, Call Center Africa agrees to adhere to Customer's brand treatment guidelines for use of Customer Brand Features, so long as Customer provides such guidelines (if any) to Call Center Africa. All goodwill generated from the use of Customer Brand Features will inure to the benefit of the trademark owner.
Customer may make suggestions or improvements regarding any features, functionality or performance of the Call Center Africa Service (“Feedback”). Customer agrees that its Feedback is gratuitous, unsolicited, without restriction, and that Call Center Africa is free to use Feedback without any attribution or compensation to Customer. Feedback will be deemed to be automatically assigned under these Terms of Service to, and become the sole and exclusive property of, Call Center Africa.
By using the Call Center Africa Service, you represent and warrant that: (a) you have the legal capacity, right and ability to enter into and perform the obligations under these Terms of Service; (b) you are not a minor in the jurisdiction in which you reside; (c) you will not access the Call Center Africa Site through automated or non-human means, whether through a bot, script or otherwise; (d) you will not use the Call Center Africa Service for any illegal or unauthorised purpose; (e) your use of the Call Center Africa Service and Content will comply with all applicable Laws; (f) you have all rights and consents in the Customer Data (including Content and any personal information) to grant the rights to Call Center Africa contemplated by these Terms of Service; and (g) none of the Content will violate the terms of these Terms of Service or the Content Guidelines.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Call Center Africa Service.
Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Service in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the DOD, our services are subject to the terms of these Terms of Service in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Service.
Please be advised that the Call Center Africa Service is hosted in the United States, European Union and Kenya. If you access the Call Center Africa Service from any other region of the world with Laws or other requirements governing personal data collection, use, or disclosure that differ from applicable Laws in the United States, then through your continued use of the Call Center Africa Service, you are transferring your data to the United States, European Union and Kenya, and you agree to have your data transferred to and processed in the United States, Europe and Kenya.
You will maintain all data that you receive through the Call Center Africa Service as confidential and you will not disclose or distribute any such data to any third party except to the extent disclosure is required by Law or government order. You agree to only use data that you receive through the Call Center Africa Service as expressly permitted by these Terms of Service.
Call Center Africa implements and maintains administrative, physical, and technical security measures including disaster recovery procedures designed to secure data within its possession or control against accidental or unlawful loss, access, or disclosure. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Call Center Africa Service. You agree that Call Center Africa will have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
These Terms of Service will remain in full force and effect while you use the Call Center Africa Service. You or Call Center Africa may terminate your use of the Call Center Africa Service at any time by closing your Call Center Africa account. You are liable for all Fees for the Call Center Africa Service up to the date of termination of your account.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE CALL CENTER AFRICA SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW. WE MAY TERMINATE YOUR USE OF THE CALL CENTER AFRICA SERVICE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the features or functionality of the Call Center Africa Service at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Call Center Africa Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Call Center Africa Service.
We cannot guarantee that the Call Center Africa Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Call Center Africa Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Call Center Africa Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Call Center Africa Service during any downtime.
THE CALL CENTER AFRICA SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE CALL CENTER AFRICA SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE CALL CENTER AFRICA SITE AND CALL CENTER AFRICA SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CALL CENTER AFRICA SERVICE OR ANY WEBSITES LINKED TO THE CALL CENTER AFRICA SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO OR USE OF THE CALL CENTER AFRICA SERVICE, (C) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CALL CENTER AFRICA SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CALL CENTER AFRICA SERVICE BY ANY THIRD PARTY, OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CALL CENTER AFRICA SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OFFERED THROUGH THE CALL CENTER AFRICA SERVICE, AND WE WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDER OF A THIRD-PARTY PRODUCT.
You agree to defend, indemnify, and hold Call Center Africa, its affiliates, and all of our respective directors, officers, employees and agents (each, a “Call Center Africa Entity”) harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your use of the Call Center Africa Service; (b) your breach of these Terms of Service; (c) your violation of the rights of a third party, including but not limited to intellectual property rights, privacy or confidentiality rights in the Customer Data (including the Content); (d) any claims by Contacts and your own customers; (e) any overt harmful act toward any other Call Center Africa customer with whom you connected via the Call Center Africa Service; or (f) your negligence, willful misconduct or fraud. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
IN NO EVENT WILL A CALL CENTER AFRICA ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE CALL CENTER AFRICA SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO LIMIT ANY ADDITIONAL LIABILITY NOT DISCLAIMED OR DENIED BY THE CALL CENTER AFRICA ENTITIES TO YOUR DIRECT AND DOCUMENTED DAMAGES, AND UNDER NO CIRCUMSTANCES WILL A CALL CENTER AFRICA ENTITY’S LIABILITY TO YOU EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY CUSTOMER TO CALL CENTER AFRICA DURING THE ONE MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM FOR DAMAGES. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Call Center Africa respects the intellectual property rights of others and requests that users do the same. Pursuant to the Digital Millennium Copyright Act (see 17 U.S.C § 512) (“DMCA”), Call Center Africa has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Call Center Africa Service who are repeat infringers. Call Center Africa may terminate access for users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Call Center Africa Service infringe upon your copyrights, you may submit a notification pursuant to the DMCA by sending the following information in writing to Call Center Africa’s designated copyright agent at firstname.lastname@example.org:
(a) The date of your notification; (b) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (c) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (d) A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work; (e) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, or email address; (f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the Law; and (g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your Content that has been removed from the Call Center Africa Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the Law, to post and use the Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
(a) Your physical or electronic signature; (b) A description of the Content that has been removed and the location at which the content appeared before it was removed; (c) A statement that you have a good faith belief that the Content was removed as a result of mistake or a misidentification of the Content; and (d) Your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Call Center Africa’s copyright agent, Call Center Africa may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may (in Call Center Africa’s discretion) be reinstated on the Call Center Africa Service 10 or more business days after receipt of the counter-notice.
These Terms of Service and your use of the Call Center Africa Service are governed by and construed in accordance with the laws of the Republic of Kenya applicable to agreements made and to be entirely performed within the Republic of Kenya, without regard to its conflict of law principles.
If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the The Chartered Institute of Arbitrators (CIArb) and, where appropriate, the CIArb’s Supplementary Procedures for Consumer Related Disputes ("CIArb Consumer Rules"), both of which are available at the CIArb website ciarbkenya.org. Your arbitration fees and your share of arbitrator compensation will be governed by the CIArb Consumer Rules and, where appropriate, limited by the CIArb Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable Law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable CIArb rules or applicable Law, the arbitration will take place in Nairobi, Kenya. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.
If for any reason, a dispute proceeds in court rather than arbitration, the dispute will be commenced or prosecuted in the courts located in Kenya and the parties hereby consent to, and waive all defences of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service.
In no event will any dispute brought by either party related in any way to the Call Center Africa Service be commenced more than one year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute will be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
The parties agree that any arbitration will be limited to the dispute between the parties individually. To the full extent permitted by Law, (a) no arbitration will be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (x) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (y) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (z) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute will be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Call Center Africa reserves the right to modify these Terms of Service and any terms incorporated by reference from time to time by posting updates to the Call Center Africa Site. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Call Center Africa Service after the date such revised Terms of Service are posted.
You agree that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Call Center Africa’s employees, agents or subcontractors in connection with these Terms of Service. You will use reasonable efforts to promptly notify Call Center Africa at email@example.com should you learn of any violation of this restriction.
We may assign any or all of our rights and obligations to others at any time. You will not assign all or any part of these Terms of Service or its rights hereunder without the prior written consent of Call Center Africa. Any assignment in violation of this provision will be null and void from the beginning.
In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Service due to any cause beyond the reasonable control of the party invoking this provision, including, without limitation, for causes due to war, fire, earthquake, flood, hurricane, riots, acts of God, internet service provider failures or delays, denial of service attacks, or other similar causes (each, a “Force Majeure Event”) the affected party’s performance will be excused and the time for performance will be extended for the period of delay or inability to perform due to such occurrence.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or your use of the Call Center Africa Service.
All provisions of these Terms of Service which by their nature should survive termination including, without limitation, Sections 5 (Fees; Cancellation; Additional Costs), 6 (Proprietary Rights), 7 (Customer Representations), 8 (U.S. Government Rights), 9 (Data Privacy and Security), 12 (Disclaimers), 13 (Indemnification), 14 (Limitations of Liability), 16 (Dispute Resolution) and 18 (General), will survive any termination of these Terms of Service.
You consent to receive electronic communications from Call Center Africa, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, through the Call Center Africa Service and on the Call Center Africa Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE CALL CENTER AFRICA SERVICE. You hereby waive any rights or requirements under any Laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service.
In order to resolve a complaint regarding the Call Center Africa Service or to receive further information regarding use of the Call Center Africa Service, please contact us at:
Zerxis Limited, P.O. Box 777-00200 Nairobi.
(254) 707077707, firstname.lastname@example.org
The website located at https://callcenter.africa or any similarly Zerxis Limited hosted white-labeled version of the Call Center Africa product.
The parent company that created and hosts the Call Center Africa product.
Your privacy is important to us. It is Zerxis Limited's policy to respect your privacy regarding any information we may collect from you across the website and other sites we own and operate.
In simple terms, Zerxis Limited only collects information from you that it needs to provide the service. Simple things that you would expect, like details on how you use the website and metrics for operational monitoring to make sure things are running smoothly.
We also want to make sure that you know you have the right to access your data or simply request that it be deleted. While we require some third party services, our aim is to use as few as possible and we will always disclaim our use here as transparently as possible.
Zerxis Limited uses some third party services in order to perform its duties.
Third party services are also used on an opt-in basis by the User for the purpose of sending and receiving messages from their account. These include but are not limited to services like Nexmo, Facebook Messenger, Twilio, and Telegram.
When you visit our website, our servers may automatically log the standard data provided by your web browser. This data is considered “non-identifying information”, as it does not personally identify you on its own. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
We may also collect data about the device you are using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
We may ask for personal information, such as your name and email address. This data is considered “identifying information”, as it can personally identify you. We only request personal information relevant to providing you with a service, and only use it to help provide or improve this service.
We collect information by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. You are free to refuse our request for this information, with the understanding that we may be unable to provide you with some of your desired services without it.
We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our services, and how we may improve their experience of our website in future. We do not disclose the specifics of this information publicly, but may share aggregated and anonymised versions of this information, for example, in website and customer usage trend reports.
We may use your personal details to contact you with updates about our website and services, along with promotional content that we believe may be of interest to you. If you wish to opt out of receiving promotional content, you can follow the “unsubscribe” instructions provided alongside any promotional correspondence from us.
The personal information we collect is stored and processed in the United States, European Union, Kenya or where we or our partners, affiliates and third-party providers maintain facilities. We only transfer data within jurisdictions subject to data protection laws that reflect our commitment to protecting the privacy of our users.
We only retain personal information for as long as necessary to provide a service, or to improve our services in future. While we retain this data, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.
If you request your personal information be deleted, or where your personal information becomes no longer relevant to our operations, or if your account is determined at our discretion to have fallen into disuse, we will erase it from our system within a reasonable timeframe.
We use third-party services for:
These services may access our data solely for the purpose of performing specific tasks on our behalf. We do not share any personally identifying information with them without your explicit consent. We do not give them permission to disclose or use any of our data for any other purpose.
We may, from time to time, allow limited access to our data by external consultants and agencies for the purpose of analysis and service improvement. This access is only permitted for as long as necessary to perform a specific function. We only work with external agencies whose privacy policies align with ours.
We will refuse government and law enforcement requests for data if we believe a request is too broad or unrelated to its stated purpose. However, we may cooperate if we believe the requested information is necessary and appropriate to comply with legal process, to protect our own rights and property, to protect the safety of the public and any person, to prevent a crime, or to prevent what we reasonably believe to be illegal, legally actionable, or unethical activity.
We do not otherwise share or supply personal information to third parties. We do not sell or rent your personal information to marketers or third parties.
We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practises.
As our user, you have the right to be informed about how your data is collected and used. You are entitled to know what data we collect about you, and how it is processed. You are entitled to correct and update any personal information about you, and to request this information be deleted. You may amend or remove your account information at any time, using the tools provided in your account control panel.
You are entitled to restrict or object to our use of your data, while retaining the right to use your personal information for your own purposes. You have the right to opt out of data about you being used in decisions based solely on automated processing.
Feel free to contact us if you have any concerns or questions about how we handle your data and personal information.
Zerxis Limited Data Controller
Zerxis Limited Protection Officer
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.
2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise Call Center Africa and other users of the Call Center Africa Service to use your Content in any manner contemplated by the Call Center Africa Service and the Call Center Africa Terms of Service.
3. You have the written consent, release or permission of each and every identifiable individual person in your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Content in any manner contemplated by the Call Center Africa Service and the Call Center Africa Terms of Service.
4. Your Content is not false, inaccurate, or misleading.
5. Your Content is not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Content does not violate any applicable Law.
10. Your Content does not violate the privacy or publicity rights of any third party.
11. Your Content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Content does not violate any applicable Law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Content does not otherwise violate, or link to material that violates, any provision of the Call Center Africa Terms of Service or any applicable Laws.
Any use of the Call Center Africa Service in violation of these Content Guidelines violates the Call Center Africa Terms of Service and may result in, among other things, termination or suspension of your rights to use the Call Center Africa Service.