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TNTMD

Recorded Call Terms and Conditions

These Recorded Call Services Terms and Conditions supplement the Call Analytics Terms and Conditions (located at: http://www.tntmd.com/legal/call-analytics-terms-and-conditions) or such successor URL(s) implemented by TNTMD from time to time), and apply to any Customer using the Recorded Call Services.

Any capitalized terms used herein but not defined shall have the meaning ascribed to it in the Call Analytics Terms and Conditions.

In connection with its use of the Recorded Call Services, Customer acknowledges and agrees that:

  1. Call recording, transcribing, monitoring, analyzing and archiving under the Services is part of an optional, add-on product feature made available by TNTMD, which may include, without limitation, the reporting and archiving of personal and non-personal data related to such Calls (collectively, the "Recorded Call Services"). For the avoidance of doubt, and without modifying any terms hereof, Call Mining Services are included within, and are an integral part of, the Recorded Call Services and, if used by Customer or Customer Affiliates, are subject to these Recorded Call Services Terms and Conditions;
  2. Customer shall determine in advance, in its sole discretion without reliance on TNTMD, whether the use of the Recorded Call Services is appropriate and legal in the context of Customer’s use and implementation thereof. Customer may always elect not to use or to cease use of the Recorded Call Services. In the event that Customer elects at any time to use any or all of such Recorded Call Services or otherwise activates any of such Recorded Call Services at any time, whether directly or indirectly, these additional Recorded Call Services Terms and Conditions shall apply in full to Customer and any of its Customer Affiliates, as applicable; Customer shall be solely responsible for Customer Affiliates under these Terms and Conditions;
  3. In connection with the Recorded Call Services, Customer acknowledges and agrees that: (a) calls placed using the TNTMD Numbers and related Services (collectively, “Calls”) may be recorded, transcribed, monitored, analyzed and archived: (b) Customer has the sole responsibility to advise all callers to TNTMD Numbers prior to any commencement of a Call with Customer, its Customer Affiliates or others that each Call is subject to recording, transcription, monitoring, archiving and any other relevant details and required notices (the "Recorded Call Notice"); (c) Customer has the sole responsibility to implement or effect such Recorded Call Notice, whether using available product functionality or other means to ensure that the each Call receives a Recorded Call Notice in an appropriate and legally compliant manner; and (d) Customer has the sole responsibility for any Recorded Call Notice used in connection with any Calls and its compliance with applicable federal and state law and regulation; (e) any sample or default pre-recorded notices or messages made available by TNTMD within the Recorded Call Services, whether at request of Client or not, are for illustration purposes only; and (f) TNTMD makes no representations or warranties with respect to any use of any Recorded Call Notice by Customer or its Customer Affiliates or any other party (and no separate communication shall be deemed to supersede this acknowledgement and agreement);
  4. Call content, information and data obtained under the Recorded Call Services shall be deemed “Customer Data” under the Agreement;
  5. Customer represents and warrants that Customer and its Customer Affiliates shall use the Recorded Call Services (and any Customer Data acquired in connection therewith) in full compliance with all applicable laws and regulations. Customer further represents and warrants that Customer and its Customer Affiliates shall have established proper procedures to protect the privacy of all callers and call recipients in connection with the Recorded Call Services, and otherwise fully comply with all applicable laws, regulations and governmental or self-regulatory guidelines;
  6. Customer further represents and warrants that Customer and its Customer Affiliates will (a) make all necessary disclosures during Calls made to TNTMD Numbers and while using any Recorded Call Services; (b) obtain all necessary consents or approvals with respect thereto; and (c) maintain, use and disclose all Customer Data acquired in connection therewith only in a manner that fully complies with all applicable laws and regulations;
  7. 7. Customer is solely responsible for, and TNTMD shall have no liability with respect to, without limitation: (a) the legality of recording, transcribing, monitoring, analyzing, archiving and/or disclosing the contents of telephone calls or caller/ call recipient identification; (b) the legality of the language used in any Recorded Call Notice; and (c) the legality of any use, handling, retention and disclosure of Customer Data acquired by Customer or its Customer Affiliates as a result of the use of any Recorded Call Services;
  8. Customer further represents, and warrants that its use of the Recorded Call Services is for "quality assurance" and "customer service" purposes only;
  9. If Customer is a publisher or agency that intends to offer use of the Recorded Call Services to its Clients, in addition to the requirements of the Call Analytics Services Terms and Conditions, Customer shall include in the Client Terms, in the same form or substance, those additional representations and warranties and other obligations included in Sections 3 through 8 hereof with respect to the Recorded Call Services;
  10. TNTMD operates as the primary service provider to Customer under these Recorded Call Services; TNTMD may also engage third-party vendors, subcontractors or agents in connection with the delivery of any of its Services;
  11. For the avoidance of doubt, Customer’s use of the Recorded Call Services is equally bound to all of the provisions of the Call Analytics Terms and Conditions http://www.tntmd.com/legal/call-analytics-terms-and-conditions or such successor URLs), of which these Recorded Call Services Terms and Condition form an integral part;
  12. TNTMD may modify the terms and conditions of this Agreement by posting the revised terms and conditions to its website. Customer's continued participation in the Recorded Call Service following the effectiveness of such changes signifies Customer's acceptance of such modification.

Effective October 01, 2010

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