Agreement for Diamante Strategic Consulting Srl Dialer Service

Last Updated: September 18, 2024

This Terms of Use document governs the use of Diamante Strategic Consulting Srl‘s dialer services for call campaigns, which include the configuration and support of open-source software. These terms are integrated with our Subscription Agreement, which outlines the contractual obligations of the end user. By using our services, you acknowledge your role as the end user of the open-source software configuration, and Diamante Strategic Consulting Srl reserves all rights to enforce these terms in the event of any breach. These services are exclusively for verified business entities and are not intended for consumer use.

1. Company Information

Diamante Strategic Consulting Srl
Str. Oborului Nr. 1
România, Maramureș, Baia Mare
Postal Code 430392

2. Acceptance of Terms

By login and accessing or using Diamante Strategic Consulting Srl‘s dialer services, you, as the end user, agree to be bound by these Terms of Use and the Subscription Agreement. By using these services, you acknowledge your obligation to comply with all payment and legal responsibilities. Diamante Strategic Consulting Srl reserves the right to enforce these terms under applicable laws and pursue any remedies for breach or non-compliance.

3. Eligibility and Account Verification

These services are available only to verified companies and business entities. This is not a consumer product. As the end user, you must provide accurate business information for verification. Any misrepresentation or failure to provide requested documents will result in a breach of the Subscription Agreement, and Diamante Strategic Consulting Srl reserves the right to terminate services immediately.

4. Description of Services

Diamante Strategic Consulting Srl provides comprehensive dialer services based on the configuration and deployment of open-source software to optimize outbound call campaigns. The services include:

• Predictive, Progressive, and Manual Dialing Options: These options allow for flexible call campaigns, from high-volume predictive dialing to more targeted manual dialing.
• Call Recording and Monitoring: Supervisors can monitor live calls and access call recordings for quality control and compliance. The end user is responsible for ensuring compliance with applicable call recording laws.
• Voicemail Drop: Pre-recorded messages can be left automatically for unanswered calls, helping to save time and ensure consistent messaging.
• Interactive Voice Response (IVR): Customizable IVR systems can route calls to appropriate agents or departments, streamlining operations.
• Lead Management Tools: Track, categorize, and manage leads within the system to ensure proper follow-up and reduce redundancy.
• TCPA Compliance Tools: Built-in tools ensure compliance with the Telephone Consumer Protection Act (TCPA), including Do Not Call (DNC) list management and opt-in functionality.
• SMS Integration: Automatically send compliant text messages (SMS) to leads. This feature integrates with the dialer for multi-channel communication campaigns.

5. Subscription Agreement

The Subscription Agreement provides a detailed outline of the services the end user subscribes to, including the scope of services, features, and limitations. The agreement specifies the following:

• The duration of the contract and subscription plan.
• Payment terms, including any recurring fees and conditions for upgrades or changes.
• Service-level agreements (SLA), detailing system uptime and support response times.

Failure to comply with the terms of the Subscription Agreement constitutes a breach of contract. Diamante Strategic Consulting Srl reserves the right to pursue legal remedies or suspend services until the breach is remedied.

6. Ownership and Use of Submitted Information

By using the dialer services and submitting information to the system, the end user represents that they own or control all rights to the content provided. If the end user is representing a business entity, they confirm they are authorized to submit such information on behalf of the organization.

The end user grants Diamante Strategic Consulting Srl a non-exclusive, royalty-free, perpetual, and irrevocable license to use, adapt, display, store, distribute, and reproduce the information provided. This license includes making the information searchable and available to affiliates or third parties where necessary for service delivery. The end user consents to the use of their name and other identifying details in relation to this information without additional compensation.

7. Usage Restrictions

The end user is prohibited from using the dialer services for illegal purposes or in violation of any applicable laws. Specifically, the end user agrees not to:

• Make unsolicited calls that violate the Telephone Consumer Protection Act (TCPA) or Do Not Call (DNC) regulations.
• Engage in fraudulent, harassing, or abusive behavior through the dialer system.
• Use the services in a manner that violates any local, national, or international laws.

Failure to comply with these restrictions will result in a breach of the Subscription Agreement. Diamante Strategic Consulting Srl reserves the right to terminate services and seek recovery of damages resulting from misuse of the platform.

8. Data Privacy and Security

Diamante Strategic Consulting Srl is committed to protecting the end user’s data and complies with all relevant data protection laws, including the General Data Protection Regulation (GDPR), where applicable. By using the dialer services, the end user agrees to the terms of the company’s Privacy Policy, which outlines how personal data is collected, stored, processed, and shared.

The end user’s data may be shared with trusted third-party providers who assist in delivering the services. These third parties are bound by confidentiality agreements to protect the end user’s data from unauthorized access or disclosure.

9. B2C Compliance

The end user is responsible for ensuring that their use of the dialer service complies with all applicable B2C laws, including but not limited to:

• TCPA (Telephone Consumer Protection Act)
• GDPR (General Data Protection Regulation)
• CAN-SPAM Act for email communications
• Do Not Call (DNC) Registry Rules

Any breach of these laws by the end user will result in immediate termination of services and potential legal action by Diamante Strategic Consulting Srl to recover damages and any associated costs arising from non-compliance.

10. Call Recording and Storage

The dialer system includes call recording features. However, it is the responsibility of the end user to comply with all applicable call recording laws in their jurisdiction, including obtaining consent from call participants as required.

Diamante Strategic Consulting Srl provides call recording and storage as part of the service, but is not liable for any legal consequences arising from the end user’s failure to comply with call recording laws. Recordings are stored securely and can be accessed according to the terms outlined in the Subscription Agreement.

11. Limitation of Liability

To the maximum extent permitted by law, Diamante Strategic Consulting Srl, its affiliates, officers, directors, employees, and agents will not be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the dialer services. This includes, but is not limited to, any loss of business, profits, or data, even if such losses were foreseeable or if Diamante Strategic Consulting Srl was advised of the possibility of such damages.

Diamante Strategic Consulting Srl will not be liable for any damages resulting from service interruptions, data loss, or any third-party claims arising from the end user’s use of the dialer system.

12. Indemnification

The end user agrees to indemnify, defend, and hold harmless Diamante Strategic Consulting Srl, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, losses, and expenses (including attorney fees) arising out of or related to:

• The end user’s use of the Service.
• The end user’s violation of these Terms of Use or the Subscription Agreement.
• The end user’s violation of any applicable laws or third-party rights.

This indemnification obligation will survive the termination of the end user’s account or this agreement.

13. Force Majeure

Diamante Strategic Consulting Srl will not be liable for any delays, interruptions, or failures in service delivery due to circumstances beyond its control, including but not limited to natural disasters, government actions, wars, labor disputes, power outages, or other unforeseen events (force majeure).

14. Governing Law and Jurisdiction

These Terms of Use and the Subscription Agreement are governed by and construed in accordance with the laws of România, Maramureș, Baia Mare. Any disputes arising from these terms will be resolved in the courts located in România, Maramureș, Baia Mare, and the end user consents to the exclusive jurisdiction of these courts.

15. Consent to Contact

By submitting forms or using the dialer services, the end user consents to receiving communications via automated methods (e.g., autodialing, SMS, pre-recorded messaging) for managing subscription details and campaigns. This includes contact through telephones, mobile devices (SMS/MMS), or email, even if the end user’s contact details are on a Do Not Call registry.

The end user may receive up to four messages per month. Message and data rates may apply. To stop receiving messages, reply “STOP”; for help, reply “HELP.”

16. Modifications to Terms

Diamante Strategic Consulting Srl reserves the right to modify these Terms of Use at any time. Changes will be communicated via our website or through email. Continued use of the service following any changes constitutes acceptance of the modified terms.

17. No Jury Trial

By using the dialer services, the end user irrevocably waives their right to a jury trial for any disputes related to these Terms of Use, the Subscription Agreement, or any transactions involving the dialer services.

Contact Information

For any questions or concerns regarding these Terms of Use or the Subscription Agreement, please contact us at:

Diamante Strategic Consulting Srl
Str. Oborului Nr. 1
România, Maramureș, Baia Mare
Postal Code 430392
[email protected]

By using our dialer services, you acknowledge that you have read, understood, and agreed to these Terms of Use and the Subscription Agreement.