Terms to do outgoing call from MyOperator
Telecom Regulatory Authority of India (TRAI) has put forth clearly defined UCC Guidelines to be followed by all Telecom Operators, Service Providers and Customers. This agreement is in line with these UCC guidelines and needs to be mandatorily signed and followed by all MyOperator’s customers.
Definitions:
- Customer: Refers to the customer of MyOperator or the party entering into this agreement.
- Called Party: Denotes the Individual to whom the MyOperator’s customer can make the call using MyOperator’s system.
- DND Numbers: Refers to telephone numbers registered under the Do Not Disturb registry, where individuals have requested not to receive unsolicited commercial communications (UCC).
- Unsolicited Commercial Communication (UCC): Refers to any communication, including calls or SMS, sent to Called Parties without their explicit consent.
- TRAI: Stands for Telecom Regulatory Authority of India, the regulatory body overseeing telecommunications services in India.
- Opt-In: Indicates the Called Party's explicit consent to receive calls or SMS, typically obtained through a sign-up process. Any opt-in proof can not be older than 6 months.
- Proof of Opt-In: Documentation or evidence demonstrating that a Called Party has willingly and explicitly agreed to receive communication.
Terms:
- Customer has been provided access to MyOperator's infrastructure, accessible through the web panel, API, mobile app, or any other requested mode, for utilizing cloud-based telephony solutions, IVR services, or related functionalities. It is imperative for the Customer to ensure that any communication initiated through MyOperator's infrastructure complies with laws, specifically those pertaining to Unsolicited Commercial Communications (UCC) or any other legal violations. Additionally, refrain from engaging in promotional activities using MyOperator’s infrastructure. All the calls to customer will be transactional in nature only as mentioned by TRAI in their directive date 8 Aug and 13 Aug. Customer are not allowed to send any pre-recorded messages or robo calls too.
- Any penalties incurred from contacting or texting numbers listed under Do Not Disturb (DND) will be the sole responsibility of the Customer, with MyOperator bearing no liability for such communications. The Customer agrees to indemnify and hold MyOperator harmless from any claims, damages, liabilities, losses, costs, or expenses arising from or related to a breach of this clause. In the event of a DND complaint, telecom providers may request opt-in proof, which must be submitted within 8 working hours (between 10 AM and 7 PM, Monday to Saturday). Customer will be asked to provide the same, failure to provide this proof within the informed timeline shall result in the termination of outgoing services.
- Making Unsolicited Commercial Communication (UCC) or unwanted promotional/spam calls are strictly prohibited under the Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR). Accordingly, any individual, company, or entity found engaging in UCC or unwanted promotional/spam calls will be subject to penalties as per the regulations. Should any violation on your part result in financial disincentives or penalties imposed on MyOperator, which are subsequently paid to TRAI or the relevant authority, such penalties shall be recoverable from the customer. Furthermore, it is the Customer's obligation to furnish the Called Party's transaction information to MyOperator in the event of receiving any Unsolicited Commercial Communication (UCC) violation complaint from TRAI, any other regulatory body, or Telecom Operators. This information must be provided within 8 working hours (10 AM to 7 PM Monday to Saturday) of reporting such complaints and such proof shall not be older than 6 months, as mandated by UCC Guidelines, and the Customer agrees to indemnify MyOperator from any resulting cases.
- In the event of a delay or no response to UCC (Unsolicited Commercial Communication) complaints, services will be deactivated without any further notice. In case a complaint is received, outgoing services will be deactivated, and the customer will be required to provide opt-in proof within 8 working hours to close the complaint. Failure to submit the opt-in proof within the defined timelines, or submission of incorrect proof, will result in a penalty of Rs 5,00,000 per complaint.
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