CallSource Service consists of Call Upload and other features noted in the Addendum (“The Addenda”) to this contract.
LIMITATION OF LIABILITY.
- Subscriber expressly acknowledges that, in no event shall CallSource be liable for any loss or damage resulting from any act, omission or failure of performance by CallSource, its employees, agents, or representatives. Further, CallSource shall not be liable for computer error, telephone or system failure, or any loss therefrom. In no event shall CallSource be liable for any sum in excess of one (1) month’s service charges paid by the Subscriber.
- CallSource agrees to hold harmless and indemnify Subscriber against all costs incurred by the Subscriber because of any third-party claim that Subscriber’s use of the CallSource services in accordance with this Master Service Agreement or any Addenda thereto infringes any patent, copyright, trade secret or similar right of any third party. Apart from claims related to infringement, Subscriber expressly agrees to indemnify and hold harmless CallSource, its shareholders, directors, officers, employees, agents, representatives, successors and assigns against any liabilities, demands, claims, actions, assessments, losses, costs, damages or expenses, including reasonable attorneys’ fees arising out of any litigation, claim or liability arising from Subscriber’s use of the CallSource services. This provision will survive beyond the termination or cancellation of this Agreement but not beyond the legally prescribed statute of limitations period.
Call Recording Responsibility and Indemnification
- Subscribers who serve residents of California and/or other states with laws similar to the California Consumer Privacy Act agree to comply with said laws and to notify CallSource, via email addressed to email@example.com, whenever a consumer from such state requests a report of or requests deletion of said consumer’s personal information collected by CallSource on your behalf.
- For additional information (without vouching for its accuracy), one can review The Reporters Committee for Freedom of the Press, at www.rcfp.org/taping/states.html.
- Neither CallSource nor any of its officers, directors, employees, or agents shall have any liability to Subscriber or to any third party for any direct, indirect, incidental, special, punitive or consequential losses or damages, statutory fines or penalties, including, without limitation, emotional or mental distress, loss of or injury to reputation, or compensatory losses, attorneys’ fees, or costs resulting directly or indirectly out of or otherwise arising in connection with any allegation, claim, suit or other proceeding arising from improper call recording, including claims or contentions involving wiretapping, eavesdropping, violation of privacy, injury to reputation, infliction of emotional or mental distress, trespass, invasion, or conspiracy to engage in improper call recording or similarly based charges or causes of action, whether under statutory law, case law, administrative law, or otherwise.
- Subscriber shall defend (with counsel reasonably acceptable to CallSource), indemnify and hold harmless CallSource and its officers, directors, employees, agents, contractors, and representatives from and against any and all claims and expenses, including attorneys’ fees, costs, and fines and penalties relating to or arising out of Subscriber’s recording of inbound or outbound telephone calls.
- Subscriber authorizes and instructs CallSource to utilize its employees, software, and/or third-party analysts to deliver said service(s).
- Recordings of calls that have been analyzed for Call Upload are kept indefinitely until the client is deleted from the system or until the client requests that recordings are erased.
- Subscriber hereby agrees and acknowledges that CallSource may review and evaluate digitized telephone calls for CallSource’s internal quality assurance or at the Subscriber’s request and may utilize and publish call traffic statistics without identifying Subscriber. CallSource will not resell Subscriber’s proprietary information. CallSource will not reveal Subscriber’s data to any third party without the express, written consent of the Subscriber. Subscriber acknowledges CallSource reports are solely for use by Subscriber and its employees or agents. Resale or distribution of this information, directly or indirectly, by Subscriber or any affiliate of Subscriber, is prohibited. Lists of caller phone numbers and names and addresses are provided for the Subscriber’s use in contacting customers or prospects. Subscriber’s distribution or resale of such information is prohibited.
- Subscriber hereby agrees to notify present and future employees that their conversations may be recorded. Subscriber acknowledges that this shall be relied upon by CallSource, and is essential to the ability of CallSource to provide the services set forth herein.
CAPTIONS / GOVERNING LAW / ATTORNEYS’ FEES / SEVERABILITY.
Titles or paragraph headings are solely for convenience of reference and are not intended and shall not be deemed to modify, explain or place any construction on any provision of this agreement. This agreement is executed in and governed by the laws of California and subject to the venue of Los Angeles County. In the event any party brings an action to enforce the terms of this agreement or declare rights hereunder, the non-prevailing party agrees to pay the prevailing party or parties costs and reasonable attorneys’ fees incurred in connection therewith. This printed Agreement is the complete and final contract between the parties. No modifications of this Agreement are valid unless signed by both CallSource and Subscriber. If any of the provisions or portions of this agreement are held unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
As listed on Master Service Agreement online as of 11/24/2020 https://www.callsource.com/legal/msa/