GENERAL LIABILITY & RESPONSIBILITY: Our Power Sellers (Power Dialers and Click Dialers) have the capability of being operated in various ways and for various uses. The Buyer/User assumes all liability and responsibility for only operating these products legally, according to federal, state, and/or local laws. Laws are complex and may change from time to time, and laws vary from country to country and from state to state or province to province. A violation of any such laws could result in significant penalties and other sanctions. Prior to buying or using these products, the Buyer/User should consult with an attorney to determine the extent of permissible activities. The Seller and the Manufacturer and its Technicians and Representatives are not attorneys; therefore, any interpretations of laws regarding the use of these products should not be completely relied upon. It is your responsibility to determine specifically what is legally required for your operation and to therefore use these products in a manner that will comply with any such laws. After purchasing one or more of these products, a refund is not available if any laws are later changed affecting the use of these products. The Seller cannot be responsible if the Buyer/User does not make money with these products.
MISCELLANEOUS RESPONSIBILITIES: The Seller and Manufacturer strive to provide the Buyer/User with the highest quality software and hardware; however, there are a number of factors that can cause system malfunctions including, but not limited to, operator error, software corruption, software bugs, telephone line problems, electrical surges, hardware defects, and computer failures. The Seller and Manufacturer and its Technicians cannot be responsible if the Buyer/User adds other software or hardware that corrupt the system or for any other malfunctions. The Buyer/User is responsible for making frequent backups of his or her system to protect against any loss of valuable data. It is highly recommended that a surge protector/battery backup is used to protect the valuable data and hardware. The Seller and Manufacturer and its Technicians cannot be responsible for loss of data for any reason whatsoever. The Seller or Manufacturer will not be liable for any lost revenue, lost profits, penalties, fines, legal judgments, or other expenses due to loss of data, hardware or software problems, or for any other reason.
PHONE SERVICE PROVIDERS: Buyers/Users are responsible for complying with their phone service providers’ Terms and Policies, which may be found on their web sites. Those policies, features, and prices can change from time to time. After purchasing this product, a refund is not available if any phone service provider disallows use of this product. Note to ZoomCalls VoIP phone service customers: The Seller of these dialing products has the right to terminate service for any User it deems to be abusing ZoomCalls VoIP phone service.
Our interpretation of Rules & Laws Regarding Dialers (we are not attorneys):
INFORMATIONAL CALLS: Calls that are not selling anything but are providing information such as appointment reminders, delivery times, travel updates, member notifications, emergency warnings, etc. are generally not subject to the rules and laws described below. Examples of exempted callers are religious, political, educational, health care, and non-profit clubs and organizations. There may be other exemptions as well.
TELEMARKETERS BEWARE: Most laws regarding dialers are concerned with calling residential (consumer) telephone numbers; however some states in the USA have laws regarding calling businesses. If the Buyer/User intends to use these Dialing products for solicitation purposes (selling goods or services) especially to residential (consumer) telephone numbers, restrictions include, but are not necessarily limited to, the following:
Do Not Call: The Buyer/User should be aware that he or she may be responsible for monthly “scrubbing” of calling lists against Federal and/or State Do Not Call Registry lists. (The Manufacturer of these products provides the Buyer/User with tools to assist in cleaning the Buyer/User’s dialing lists of Do Not Call telephone numbers if required; however, the Manufacturer cannot guarantee 100% integrity or reliability of these tools.)
Dropped Calls: In the USA, a User is required to let a telephone ring up to 4 times (or 15 seconds) before hanging up, otherwise it is considered a “dropped call”. No more than 3% of calls may be “dropped”.
Auto Dialing: Making “robo calls” (calling with an auto dialer in which a human is not on the line during the call) is not legal in the USA if you are soliciting consumers, though there are some exceptions.
Pre-recorded Messages: Our Power Dialers or Click Dialers have the ability for the live agent to click on a pre-recorded message if they reach a voicemail or answering machine. If the called party picks up the phone while the message is playing, the agent can click to stop the recording and then talk to the called party. Our professional version has that same feature, but the agent can also choose to move on to another call as soon as the pre-recorded message starts playing. The Buyer/User of these dialers is responsible for
determining if either of these methods is legal in their circumstance.
Time of Calls: There are also restrictions as to the time of day that calls may be placed. These restrictions vary from state to state, but the most common is not calling before 9 am or after 9 pm, Monday through Saturday, and not before 12 noon or after 9 pm on Sunday.