Legal Stuff - TrueVoice Communications

Legal Stuff

COPYRIGHT - VOICE RECORDINGS

TRUE VOICE COMMUNICATIONS MONTHLY LICENSE SUBSCRIPTIONS FOR THE USE OF VOICE RECORDINGS AND MUSIC

TrueVoice Communications will not be liable to re-record previous recordings should your voice artist no longer do voice recordings for TrueVoice Communications.

Terms of the License – Monthly subscriptions: a) True Voice Communications grants you a non-exclusive, perpetual license to use the messaging on hold voice recording on one PBX or telephone server only, the productions may not be used in other branches or companies. b) The advertising and voice recorded production remain the property of True Voice Communications & is protected by copyright laws. c) No title is transferred by this license.

  1. d) No download or copy of our production from our web site or music on hold equipment is granted by this license e) Any rights not expressly granted in this license are reserved to True Voice Communications. f) Any rights granted to The Purchaser by this license are only valid once you have paid the agreed licensing and agreed monthly fee in full. The monthly fee is your license subscription to make use of our voices on your telephone system, and may not be used in any other media without a license agreement in writing with True Voice Communications. Cancellation:
  2. a) If you breach any term of this Agreement, the license shall be terminated with immediate effect & True Voice Communications will seek full payment of such recordings used, and any other legal rights & remedies, according to the industry standard.
  3. b)  Upon any termination for breach, The Purchaser will, unless otherwise agreed to in writing by True Voice Communications, return the messaging on hold unit and all voice productions. If the purchaser is found to be in position of any recordings once the license is terminated legal action will be taken in regard to True Voice Communications copyrights.

Applications Signed

As per our application form:

  1. and agree with the legal agreement on True Voice Communications’ website. 

By downloading our free SA Asterisk and all Voice prompts you agree to the following True Voice Communications South African accented.

Asterisk™ prompts. ---------------------------------------------------------------------------- This range of ±350 prompts in a female South African English accented is yours to   download 100% free of charge. You are allowed to copy, distribute & use these South African Accented Asterisk™ range of prompts provided by True Voice Communications & Connection Telecom under the following conditions: • Attribution: You must attribute the prompts to True Voice Communications. • You must supply the receiver of the free prompts with the contact details of True Voice Communications. • For any re-use or distribution, you must make clear to others the license terms of these prompts. • Any of these conditions can be waived if you get permission from the copyright holder - True Voice Communications. • From time to time True Voice Communications will be allowed to send you interesting information about our products ©2008 - TrueVoice Communications By downloading our Advanced SA Asterisk Voice prompts or any recordings done by True Voice Communications you agree to the following ---------------------------------------------------------------------------- You may not copy, distribute or use the free range of South African accented   Asterisk™ prompts provided by True Voice Communications & Connection

Telecom under the following conditions: • These prompts are licensed for use on 1 server only. Should you wish to use the package on more than 1 server an additional license must be purchased. • Any of these conditions can be waived if you get permission from the copyright holder - True Voice Communications. • From time to time True Voice Communications will be allowed to send you

 interesting information about our products ©2008 - True Voice Communications

True Voice Communications Advanced Package License Agreement 

  1. a)    The parties to this license are True Voice Communications & the Purchaser ("The person who made payment"). b)    This license applies to the True Voice Communications Full Package &   the audio recordings contained therein ("the Full Package").
  2. User License;
  3. a) True Voice Communications grants you a non-exclusive, perpetual license to use the full package in one company & supporting software installation under the terms stated in this agreement. b) The Full Package is the property of True Voice Communications & is protected by copyright laws. c) No title is transferred by this license or by the payment of any fee. d) Any rights not expressly granted in this license are reserved to TrueVoice Communications. f) Any rights granted to The Purchaser by this license are only valid once you   have paid the agreed licensing fee. True Voice Communications does not warrant that:

 ‘the Full Package’, its use, operation or your ability to use the package will be    uninterrupted or error-free. The warrantee set forth above shall not apply to any defect or problems caused by any fault in any hardware or software used in combination with ‘the Full Package’, or use of the package in environments not specified in the documentation. True Voice Communications does not warrant that the package will meet your requirements or that the use of the   package will be uninterrupted or error free.

 

  1. You Can;
  2. a) Use the Full Package in one company for any purpose, as long as such use does not contravene any of the terms in this license. b) Allow the audio recordings in the Full Package to be transmitted to a third party over a public telecommunications network so long as this occurs as reasonably normal operation for a telephone PBX. [Clarification: These prompts may be played to the public as part of a normal PBX IVR operation] d) Modify the audio recordings in the package so long as such modifications are used under the same license terms as the original recordings in the package.  [Clarification: You may combine, cut or otherwise edit the recordings to suit your purposes as long as you agree to use those derivatives under the terms of this license] e) Convert the recordings to any digital audio format of your choosing, as long as;     i) such derivatives are used under the terms of this license; &     ii) any royalties, fees or obligations arising out of the use of any such format shall be your sole responsibility.
  3. You can Not;
  4. a) Sell, rent or otherwise distribute the Full Package or associated material, except as stated in sections 2.1(b). b) Use the package in any manner that will bring True Voice Communications or any of its associates under disrepute. c) Take any action against True Voice Communications or its associates for any damages or liabilities incurred as a result of your use of the package –  including, but not limited to loss of data, profits, business or other special, incidental, exemplary or consequential damages. d) Use the package in any way unless you have agreed to be bound by this license. e) In anyway make use of voice recordings done for you once your agreement with True Voice Communications has been cancelled. If recordings are found to be used without the consent of True Voice Communications in writing, you will be charge according to the industry standard for studio recordings and any finance- loss True Voice Communications may have had.
  5. This Agreement will be governed by & is construed in accordance with the laws of South Africa, without giving effect to the principles of conflict of laws thereof & to the extent permitted by applicable law, all parties consent to the jurisdiction of courts situated in Cape Town Magistrates Court in any action arising under this Agreement.Understanding;

6.This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, provided, however, that your manually signed license agreement, if applicable, will supersede any conflicting terms in this Agreement. Without limiting the generality of the foregoing, it is expressly agreed that the terms of any prior customer purchase order will be subject to the terms of this Agreement & that any acceptance of a purchase order by True Voice Communications will be for acknowledgment purposes only & none of the terms set forth in the purchase order will be binding upon True Voice Communications. Any representation, promise, warranty, covenant or undertaking not expressly set forth in this license shall not be deemed a part of the Agreement or otherwise legally effective.

  1. True Voice Communications Indemnifies Itself from;

Excluding claims arising out of or relating to the violation by True Voice Communications of any third party copyright, trade secrets, or trademark, you, to the extent permitted by applicable law, agree to indemnify True Voice Communications & hold them harmless from & against any and all claims by you or other third parties arising out of or related to the use of the licensed materials, regardless of whether such claims were foreseeable by True Voice Communications. The provisions of this Paragraph 7 will survive any termination.

  1. Cancellation;

1) If you breach any term of this Agreement, the license shall be terminated with immediate effect & True Voice Communications may seek full payment of such recordings used and any other legal rights & remedies. b)  Upon any termination for breach, The Purchaser will, unless otherwise agreed to in writing by True Voice Communications, destroy all copies of the Package & will erase all electronic storage of copies of the Package. Any termination, whether or not for breach, will not affect any obligation or liability of a party arising prior to termination.

2) True Voice Communications takes no responsibility for late deliveries, this is subject to the courier company's scheduling - be advised that deliveries would generally take between 5 -14 days. TVC is not liable for latent defect; all our products are subject to a one-year warranty offered by the manufacturer.  All information contained in this website is subject to laws of copyright, pricing is subject to change without notice - offers are subject to availability. Once an order has been confirmed the buyer is liable for the purchase, TVC does not offer returns- replacement may be given under circumstances deemed necessary.

3)  Any hardware supplied to a customer on cancellation has to be returned. Should hardware not be returned the value at the time of cancellation will be invoiced and payable

4) Studio production will be delivered 7 working days from the date of your approved payment.

5) If there is any form of cancellation TrueVoice will not proceed with any recordings requested, unless an additional 12 month license subscription is purchased.  After the 12 month no production or voice artist may be used without the  license renewed.

6) No production recorded by TrueVoice or any of its voice artist may be used after cancellation with TrueVoice.

7) E-mail address will never be sold to any third party.  Your information is kept strictly confidential and will only be used by True Voice Communications

8) Startup fee is payable upfront and is none refundable.

9) Monthly subscriptions are payable from date of application until return of hardware if applicable.

  1. Any debit orders run by TrueVoice Communications (Victory Ticket 206) or their appointed third party company is authorized by you as per the application signed.

 

These Terms and Conditions

 (“the Terms and Conditions”) govern your (“the User”) use of the TRUE VOICE COMMUNICATIONS (“Provider”) website located at the domain name  HTTP://WWW.TRUEVOICE.CO.ZA (“the Website”). By accessing and using the Website,  the User agrees to be bound by the Terms and Conditions set out in this legal notice.   The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider. 

Electronic Communications

 By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

E-Commerce & Privacy 

The Website HTTP://WWW.TRUEVOICE.CO.ZA) sells Voice Recordings for Telephone systems / Voice prompts, music and advertising on hold, auto attendants, after hours online.  The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website. 

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device. The Provider will supply all goods to the delivery True Voice Communications in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.

True Voice Communications Indemnifies Itself from:

Excluding claims arising out of or relating to the violation by TrueVoice Communications of any third party copyright, trade secrets, or trademark, you, to the extent permitted by applicable law, agree to indemnify TrueVoice Communications & hold them harmless from & against any and all claims by you or other third parties arising out of or related to the use of the licensed materials, regardless of whether such claims were foreseeing able by TrueVoice Communications.

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