Call Recording Terms and Conditions
1. Application
These Conditions shall govern and be incorporated into the contract for the supply of the Services by Planet Numbers to you the user.
2. The Services
2.1 Planet Numbers will provide the Services subject to these Conditions.
2.2 By dialing a Planet Numbers Call Recording access number and entering your 6 Digit Account number and upon subsequent connection to a Called party you have by definition requested Planet Numbers to start the provision of that individual Call Recording of both caller and Called party conversation or otherwise. Accordingly, you will not have the right to cancel your request once Planet Numbers has commenced the provision of the Call Recording Service.
2.3 It is the responsibility of you, the user, to acknowledge to the called party that the call is being recorded. Though this is not a legal requirement it is your responsibility to seek approval from a called party and necessary if you are intending to make the contents of the communication available to a third party.
2.4 You are responsible for keeping both your 6 Digit Account number and PIN number secret. Planet Numbers shall have no liability in respect of any use made of any 6 Digit Account number and PIN. Details of how to initially select and change your PIN is available via your registered account.
2.5 Recordings are stored by Planet Numbers for 30 days, commencing on the date that a Recording is made. Following the expiry of the storage period, you will not be able to retrieve a copy of a Recording.
2.6 To obtain a copy of a recording from the Planet Numbers website, you acknowledge and agree to register with the Planet Numbers website. To register, you will be required to select your own memorable PIN (minimum 4 digits) and further request that you supply a valid email address, whereby a confirmation of all details will be sent upon completion. You are responsible for keeping this information secret. Should your account details be lost or deleted then a reminder email can be sent to the current email address supplied within the account only.
2.7 If you obtain a copy of a Recording from the Website, where that recording one in which you did not participate, then before you replay that copy or make it available to other 3rd parties who did not participate in the call, you acknowledge and agree that you are responsible for obtaining permission from the participants on the call for you or other 3rd parties who did not participate in the call to replay the Recording.
2.8 Copies of Recordings and free of charge to download from the website.
2.9 Planet Numbers reserves the right to vary the charges for the Services from time to time by giving notice on the Website. Revised charges will apply from the point they are posted on the Website.
3. Warranties and Liabilities
3.1 Subject to the remainder of these Conditions, Planet Numbers warrants that the Services shall be provided with reasonable care and skill.
3.2 The Services are provided by Planet Numbers and accepted by you "as is" and "as available". Planet Numbers cannot guarantee that the Services will be fault free, continuously available or available at any given time. Planet Numbers shall not be liable to you if you are unable to access the Services for any given period of time.
3.3 The Services should not be relied on in a business critical manner. Planet Numbers shall have no liability if the Services is used in a manner in breach of these Conditions.
3.4 The warranty given in Condition 3.1 is in lieu of all other warranties representations and conditions, express or implied, which are expressly excluded to the fullest extent permitted by law.
3.5 Subject to Condition 3.7, Planet Numbers shall not be liable to you for any form of special, indirect or consequential damages, loss of data, loss of goodwill, loss of profits, loss of turnover, costs or expenses.
3.6 Subject to Condition 3.7, in no event shall Planet Numbers 's cumulative liability to you from all causes of action of any kind whether in contract or in tort in connection with the Services exceed the charge paid by you for the Outgoing Call to which the liability relates.
3.7 Nothing in these Conditions shall be construed as limiting or excluding Planet Numbers’s liability for death or personal injury caused by its or its employees' negligence.
3.8 You acknowledge and agree that the allocation of risk contained in this Condition 4 is reflected in the charges for the Services and is also recognition of the fact that it is not within Planet Numbers’s control how and for what purpose you use the Services.
3.9 Each provision of this Condition 4 excluding or limiting liability shall be construed separately.
4. Events beyond Planet Numbers’s control
Planet Numbers is not liable for any deficiency in the Services caused by something beyond its reasonable control including fire, environmental conditions, flood, national or local emergency, explosion, military operations, civil disorder, terrorism, vandalism, industrial disputes, acts of local or central government or other competent authorities or failure or unavailability of any telephone network.
5. Compliance with Laws
You will at all times comply with the provisions of all laws applicable to your use of the Services and any Recording, including without limitation the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, the Human Rights Act 1998 and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. In particular, you are solely responsible for giving the Called Parties any necessary warning about the recording of an Outgoing Call and the use that will be made of the Recording. Planet Numbers shall have no obligation to advise you upon compliance with any such laws. You shall indemnify and keep indemnified Planet Numbers from and against any liability arising from any claim that your use of the Services and/or a Recording breaches any law.
6. Privacy
6.1 Planet Numbers shall not itself or permit any person (other than a person who enters the correct 6 Digit Account Number and PIN) to access or listen to a Recording without your prior consent, unless it is required to do so by a court of competent jurisdiction or a body with the authority to compel Planet Numbers to do so.
6.2 Planet Numbers’s privacy policy is available here.
7. Complaints
7.1 If you have a complaint about the Services, then you should send details to IV Response Limited, CS Department Call Recording at 57-61 Mortimer Street London W1W 8HS.
8. General
8.1 If any part of these Conditions is held to be invalid, illegal or unenforceable in any respect whether in whole or in part then such part shall be severed from the remainder of the Conditions which will continue to be valid and enforceable to the fullest extent permitted by law and such invalidity, illegality or unenforceability shall not prejudice the effectiveness of the rest of these Conditions or the remainder of any part of the Condition affected.
8.2 Failure by Planet Numbers to exercise or delay in exercising any right or remedy shall not constitute a waiver of the right or any other rights or remedies and no single or partial exercise of any right or remedy shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
8.3 Any contract to which these Conditions apply shall be governed by and construed in accordance with the laws of the United Kingdom and the parties submit to the nonexclusive jurisdiction of the courts of the United Kingdom.
8.4 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this Condition to the party giving the notice.
8.5 By using the Services, you acknowledge that you have not relied on any warranty, representation, undertaking or agreement other than those contained or referred to in these Conditions. You waive any right or remedy you may have to claim damages or rescission for any misrepresentation in respect of any representation not contained in these Conditions or for breach of any warranty not contained in these Conditions and acknowledge that your only remedies against Planet Numbers are for breach of contract provided always that nothing in this Condition 10 shall exclude or limit Planet Numbers's liability to you in respect of any fraudulent misrepresentation or warranty fraudulently given and upon which you can prove that you have placed reliance. Subject to the foregoing, these Conditions and the documents referred to in these Conditions constitute the entire agreement and understanding between the parties with respect to the Services.
9. Interpretation
9.1 In these Conditions the following terms and expressions shall have the following meanings:
| Term or expression | Meaning |
|---|---|
| Access Number | the number which you dial in order to access the Planet Numbers Call Recording Service; |
| Called Party | a person to whom you make an Outgoing Call; |
| Conditions | these terms and conditions or any of them; |
| Copy | a copy of a Recording; |
| Outgoing Call | a recorded telephone call that you make using the Planet Numbers Call Recording Service; |
| Planet Numbers Call Recording Service | the service provided by Planet Numbers that enables you to record an outgoing telephone call; |
| PIN | the code that you have self selected together with your 6 Digit Account Number that is used to retrieve call recordings via our website. |
| Recording | a recording of an Outgoing Call; |
| Services | the following services provided by Planet Numbers:
|
| Website | Planet Numbers' website addressed by the URL www.planetcallrecording.co.uk or any URL which is redirected to that URL. |
9.2 Reference to a statute or statutory provision includes a reference to it as from time to time amended, extended or re–enacted.
9.3 Words denoting the singular number only include the plural and vice versa.
9.4 The headings in these Conditions are inserted for convenience only and do not affect their meaning.
9.5 Any reference to any of the parties hereunder includes their successors in title and permitted assigns.