Terms of Service
These terms govern your use of the Flex Contact Center platform and this website. By creating a workspace, signing in, or submitting a form on this site, you agree to them. If you are agreeing on behalf of a company, you confirm you are authorised to bind that company.
1. The agreement
The service is provided by Flex Corporate Services Ltd of Dar es Salaam, Tanzania ("we", "us"). "You" means the customer that contracts for the service, and includes the users on your workspace.
Where you have signed a separate written agreement or order form with us, that document takes precedence over these terms to the extent they conflict.
2. Your workspace
We give you a non-exclusive, non-transferable right to use the platform for your own business during the term of your subscription.
You are responsible for the accounts on your workspace: keeping credentials confidential, removing access when someone leaves, and everything done under those accounts. Tell us promptly if you believe an account has been compromised.
Each named user account requires a licensed seat. Sharing one account between several people is not permitted.
3. Acceptable use
You must not use the platform to send unlawful, fraudulent, abusive or deceptive communications, and specifically not for unsolicited bulk calling or messaging that breaches the law or regulations applying to you.
You must not attempt to gain unauthorised access to the platform or to another customer's workspace, interfere with its operation, or use it in a way that degrades service for others.
You are responsible for complying with the law that applies to your contact centre, including rules on call recording, consent, marketing calls, calling hours and the handling of personal data.
We may suspend a workspace without notice where use of it is causing harm, risks legal liability, or threatens the integrity of the platform. We will tell you why and restore service as soon as the cause is resolved.
4. Fees and billing
Subscription fees are charged per named user per month, in the currency stated on your agreement. Setup fees, where they apply, are charged once.
Telephony charges depend on your carrier and the destinations you call. Where you buy minutes through us, they are charged at the rates on your rate card and calculated on connected call time.
Prepaid accounts must hold sufficient credit; the platform may restrict outbound calling when the balance is exhausted. Postpaid accounts are invoiced on the cycle in your agreement, and invoices are payable by the due date on them.
Prices may change on renewal. We will give reasonable notice before a change takes effect.
5. Availability and support
We aim to keep the hosted platform available continuously, but we do not guarantee uninterrupted service unless a service level agreement is included in your written agreement with us.
We carry out planned maintenance, and will give notice of work expected to interrupt service.
We do not control the public internet, your network or your telephony carrier, and we are not responsible for interruptions originating there. For on-premise deployments, availability depends on infrastructure you operate.
6. Your data
Your data — your configuration, your users, your customer records, your recordings — remains yours. We claim no ownership of it.
We process it to provide the service, as described in our Privacy Policy, and in accordance with your instructions as our customer.
You can export your data while your subscription is active. On termination we will make it available for a reasonable period before deletion, as set out in your agreement.
7. Confidentiality
Each of us may learn confidential information about the other. Neither will disclose it to anyone else except to people who need it to perform this agreement and are bound to keep it confidential, or where disclosure is legally required.
8. Intellectual property
The platform, its software, and its documentation remain our property. Nothing in these terms transfers ownership of them to you.
You must not copy, decompile or reverse engineer the software, or make it available to a third party as a service, except where the law expressly permits it.
9. Term and termination
Cloud subscriptions run for the period stated on your agreement and renew unless cancelled with the notice stated there.
Either of us may terminate for material breach that is not remedied within 30 days of written notice.
On termination your right to use the platform ends and access to the workspace is withdrawn. Fees owed for the period up to termination remain payable.
10. Warranties and liability
We provide the platform with reasonable skill and care. Beyond that, and to the extent the law allows, the platform is provided as-is without further warranty.
Neither of us is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings.
To the extent the law allows, our total liability arising out of this agreement in any twelve-month period is limited to the fees you paid us in that period.
Nothing in these terms limits liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, or for fraud.
11. Changes to these terms
We may update these terms. The effective date at the top of this page tells you which version applies. Where a change materially affects your rights we will give reasonable notice, and continuing to use the platform after it takes effect means you accept it.
12. Governing law
These terms are governed by the laws of Tanzania, and the courts of Tanzania have exclusive jurisdiction over any dispute arising out of them.
Questions about these terms can be sent to info@flexafrica.com.
Flex Contact Center — Cloud, On-Premise & Hybrid
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