Proficient Technologies Terms and Conditions
This document describes the service level terms and conditions according to which Proficient Technologies provides technical support to its customers.
Created: April 2018
Updated: March 2024
ART. 1 - SUBJECT OF THE CONTRACT
• ART. 2 - DURATION OF THE CONTRACT AND RIGHT OF WITHDRAWAL
• ART. 3 - ACCESS REQUIREMENTS FOR CLASSOUND SERVICES
• ART. 4 - ACCESS CREDENTIALS
• ART. 5 - CLASSOUND DIDs AND VOICE AND FAX SERVICES
• ART. 6 - TELEPHONE LINES ASSOCIATED WITH FAX AND VOICE NUMBERS
• ART. 7 - FEES AND PAYMENT METHODS
• ART. 8 - OBLIGATIONS OF THE CUSTOMER AND CORRECT USE OF CLASSOUND SERVICES
• ART. 9 - LIMITATION OF LIABILITY AND INDEMNITY
• ART. 10 - PROTECTION OF PERSONAL DATA
• ART. 11 - CONFIDENTIALITY OF TRANSITED INFORMATION AND MESSAGES
• ART. 12 - CONTRACTUAL MODIFICATIONS
• ART. 13 - EXPRESS TERMINATION CLAUSE
• ART. 14 - SUPPORT MISSION
• ART. 15 - SUPPORT ELIGIBILITY
• ART. 16 - SUPPORT HOURS
ART. 1 - SUBJECT OF THE CONTRACT
The purpose of this contract is so that PROFICIENT TECHNOLOGIES may supply the CUSTOMER with Unified Communications as a Service and the voice telephony service CLASSOUND.
ART. 2 - DURATION OF THE CONTRACT AND RIGHT OF WITHDRAWAL
2.1 The contract is effective from the date of activation of at least one service.
2.2 The duration of the contract is equal to the duration of the rent chosen. The contract is automatically renewed upon expiry for the same period.
ART. 3 - ACCESS REQUIREMENTS FOR CLASSOUND SERVICES
3.1 In order to use the CLASSOUND services from PROFICIENT TECHNOLOGIES, the CUSTOMER must have access to an Internet connection that meets the minimum technical requirements of the subscribed services, i.e. at least 60 kbps, the Minimum Guaranteed Bandwidth for each simultaneous VoIP call to and from the CLASSOUND service.
3.2 In order to use telephony services or services that provide for the sending of messages of any kind that include an indication of the sender, the customer must perform validation procedures. PROFICIENT TECHNOLOGIES reserves the right to request
the execution of these procedures, including for the provision of other services or for any anti-fraud checks; not activate services or to deactivate existing services if the CUSTOMER does not carry out these validation procedures.
ART. 4 - ACCESS CREDENTIALS
4.1 PROFICIENT TECHNOLOGIES will provide, via the e-mail address specified by the CUSTOMER, the access credentials necessary to access PROFICIENT TECHNOLOGIES services and to keep all personal data updated (i.e. identification code, user ID and personal access key, Password).
4.2 The CUSTOMER is required to keep and protect the access credentials with the utmost diligence, and is directly and exclusively responsible for any damage that their improper use may cause to PROFICIENT TECHNOLOGIES or to third parties.
4.3 In case of loss or theft of the Password, the CUSTOMER must immediately notify PROFICIENT TECHNOLOGIES by e-mail, sending the report to the relevant authority no later than 3 days after the discovery of the loss or theft.
ART. 5 - CLASSOUND DIDs AND VOICE AND FAX SERVICES
5.1 The CUSTOMER acknowledges his right to claim the ability to port the number assigned by PROFICIENT TECHNOLOGIES to another operator according to the procedure established by the relevant laws and regulations. The conclusion of the transfer procedure does not imply the termination of the contract for the services provided by PROFICIENT TECHNOLOGIES.
ART. 6 - TELEPHONE LINES ASSOCIATED WITH FAX AND VOICE NUMBERS
6.1 The numbers assigned by PROFICIENT TECHNOLOGIES for fax and voice services can send and receive simultaneous calls in either direction, with a minimum of twenty calls. If the limit is exceeded, the capacity will be automatically increased within a maximum period of 30 days.
6.2 In the event that the networks or telephone lines connected to the PROFICIENT TECHNOLOGIES systems experience congestion or malfunction, calling users may receive a busy signal, although PROFICIENT TECHNOLOGIES does everything possible to avoid this result. Note, that guaranteed CLASSOUND restoration time (SRT) is 4 hours.
ART. 7 - FEES AND PAYMENT METHODS
7.1 The fees for goods and services are indicated on the order forms or the invoice.
7.2 The invoice must be paid within the deadline and in the manner indicated. The invoice will be sent to the email address indicated by the customer in the table below.
7.3 PROFICIENT TECHNOLOGIES reserves the right to modify fees; however, before doing so, PROFICIENT TECHNOLOGIES must promptly inform the
CUSTOMER, who may withdraw from the Contract within sixty days. In the event that the CUSTOMER exercises the right of withdrawal, it will be necessary that the same pay the amount inherent to the period of time in which the services have been rendered according to the amount previously paid with respect to the last communication.
ART. 8 - OBLIGATIONS OF THE CUSTOMER AND CORRECT USE OF CLASSOUND SERVICES
8.1 The CUSTOMER may in no case use the services for illegal purposes and/or to cause nuisance to third parties.
In the case of a violation of national or international laws, PROFICIENT TECHNOLOGIES may, at its discretion, immediately suspend the services, without anything being owed to CUSTOMER; in particular, the CUSTOMER will have no right to a refund, not even partial, of the subscription fee. The right of PROFICIENT TECHNOLOGIES to take legal action for compensation for any damage suffered remains unaffected.
8.2 It is expressly forbidden to use PROFICIENT TECHNOLOGIES's services and systems to carry out, over telephone traffic, arbitration activities, or in general to develop telecommunications traffic by which one may obtain advantages, bonuses, credit, money or similar benefits for oneself or third parties merely by sending and/or receiving communications of any kind, even those which are received but not replied to. It is forbidden to use PROFICIENT TECHNOLOGIES systems in any way in order to obtain advantages for oneself or for others, including but not limited to by means of telephone calls or SMSes sent to numbers such as mobile or fixed network numbers with so-called "auto top-up" or "reward" offers, or to "premium" or "personal number" or "shared cost" numbers in any country, which return money or credit or benefits to the holder of the number or to whoever uses it. It is forbidden to use PROFICIENT TECHNOLOGIES services to automatically generate outbound call campaigns with or without the recipient’s response. In such cases, PROFICIENT TECHNOLOGIES may, at its discretion, immediately suspend the services and invoice the CUSTOMER for any additional costs and expenses incurred for the characteristics of the traffic developed, without anything being owed to the CUSTOMER. The right of PROFICIENT TECHNOLOGIES to take legal action for compensation for any damage suffered remains unaffected.
8.3 The CUSTOMER may not in any way transfer this contract to third parties, either free of charge or for consideration, without the prior written consent of PROFICIENT TECHNOLOGIES.
8.4 The service is provided by PROFICIENT TECHNOLOGIES solely in favor of the CUSTOMER, who therefore remains solely responsible for allowing use of the service to third parties. The CUSTOMER shall inform anyone who uses the PROFICIENT TECHNOLOGIES services that the CUSTOMER is allowed to review in detail the traffic carried through the service, including all the numbers which are sending calls and all numbers receiving calls.
8.5 The CUSTOMER shall use the numbering assigned to him in compliance with the regulations applicable in the country where the DIDs are assigned. PROFICIENT TECHNOLOGIES reserves the right at any time to carry out checks regarding compliance with the aforementioned rule, which may be manual or automatic, even should technical means be at its disposal. If PROFICIENT TECHNOLOGIES detects use of the numbers that does not comply with regulations, PROFICIENT TECHNOLOGIES may revoke the use of the number to the CUSTOMER and terminate the existing contract, without anything being due to him.
8.6 In the event of the development of traffic deemed anomalous by PROFICIENT TECHNOLOGIES, or in the event of the triggering of automatic or manual anti-fraud systems by PROFICIENT TECHNOLOGIES that lead to suspicion of even potential fraud, or of illicit activity or contractual violation, or in the event that technicians may put the infrastructure of PROFICIENT TECHNOLOGIES or other operators at risk, PROFICIENT TECHNOLOGIES may suspend, even selectively, the services provided to the CUSTOMER without anything being owed to the same. PROFICIENT TECHNOLOGIES will reactivate the services if verifications do not confirm the suspicions. The right of PROFICIENT TECHNOLOGIES to take legal action for compensation for any damage suffered remains unaffected.
8.7 If PROFICIENT TECHNOLOGIES detects usage of the service that does not comply with the regulatory provisions governing call center activities, it may suspend the service, even in the face of mere suspicion, and, once the abuse has been ascertained, may revoke the use of the number by the CUSTOMER and terminate the existing contract, without anything being owed to the latter.
ART. 9 - LIMITATION OF LIABILITY AND INDEMNITY
9.1 PROFICIENT TECHNOLOGIES will not be liable — neither to the CUSTOMER nor to subjects that are directly or indirectly connected to the CUSTOMER himself — for delays, malfunctions, suspensions and/or interruptions in the provision of the Service caused by: force majeure or unforeseeable circumstances; tampering with or interventions in services or equipment carried out by the CUSTOMER or by unauthorized third parties; failure by the CUSTOMER to comply with the conditions of access to the Service; incorrect use of the services by the CUSTOMER; malfunctions from the connecting devices; use by the CUSTOMER of incompatible tools and/or programs (software); connectivity malfunctions dependant upon another operator.
9.2 PROFICIENT TECHNOLOGIES, having no control over the equipment involved, is in no way responsible for disruptions caused by switching errors on a public telephone network which involve the delivery of calls to PROFICIENT TECHNOLOGIES using an incorrect destination telephone number.
9.3 PROFICIENT TECHNOLOGIES is never in any way responsible for malfunctions in CLASSOUND services that are attributable to an incorrect/inappropriate/incompatible configuration by the CUSTOMER, or to any part of the network not under the control of PROFICIENT TECHNOLOGIES, including malfunctions due to the infrastructures of third-party operators.
9.4 PROFICIENT TECHNOLOGIES is never in any way responsible for telephone calls made by its customers. The CUSTOMER explicitly indemnifies PROFICIENT TECHNOLOGIES about any possible request for damages by third parties regarding the content of his messages or telephone calls.
9.5 PROFICIENT TECHNOLOGIES is in no way responsible for any damage that may arise to the CUSTOMER or to third parties due to the assignment, pursuant to regulatory provisions, of numbers previously attributed to others.
9.6 PROFICIENT TECHNOLOGIES is in no way responsible for any improper use of numbers by the CUSTOMER, who indemnifies PROFICIENT TECHNOLOGIES from any request for compensation or sanctions by the regulatory authority or third parties.
9.7 In any case, PROFICIENT TECHNOLOGIES is not responsible for damages caused by breakdowns, interruptions or overloads of the electric, telephone, national and international lines that prevent the regular use of the Services.
9.8 PROFICIENT TECHNOLOGIES cannot in any way be held responsible for any of its obligations under the terms of this contract if such failure is caused or derives from an event of force majeure without any limitation, including but not limited to the following examples: fire, flood, strike, cable or fiber cuts, lightning, civil unrest, governmental or military authority acts, changes in law, terrorism, force majeure, and prolonged periods of general power outage; nor can it be responsible for non-fulfillment by third parties that affect the functioning of the Services.
9.9 Without prejudice to the indemnity provided for by Art. 3.4, no compensation for damages can be requested from PROFICIENT TECHNOLOGIES for direct and/or indirect damages caused by the use or non-use of the Services.
9.10 The CUSTOMER relieves PROFICIENT TECHNOLOGIES from any responsibility for any attacks and/or intrusions by third parties from the network through the equipment with which the service is provided. The CUSTOMER declares that he is aware that third parties can access systems via the Internet and can overcome the security of the systems to use them improperly and cause damage to third parties. In the event that PROFICIENT TECHNOLOGIES detects an intrusion attempt through the accesses and data it lawfully disposes of for the provision of the service, it may interrupt the service, without any obligation, until the CUSTOMER takes steps to implement the measures necessary to prevent the situation from persisting. The CUSTOMER shall hold harmless from any direct and/or indirect damage as well as the payment of any charge, expense, indemnity or any prejudice that may be suffered by PROFICIENT TECHNOLOGIES or the employees or collaborators of the parties or other subjects who use the services or even those who are only connected or occasioned by the execution of this contract by their employees and/or collaborators, consultants, their representatives as well as their substitutes, even on an extra-contractual basis.
ART. 10 - PROTECTION OF PERSONAL DATA
10.1 Given that the rule for the protection of personal data applies to the processing of data relating to natural persons, PROFICIENT TECHNOLOGIES indicates that personal data of employees and collaborators of the CUSTOMER are collected for the following purposes:
• sending newsletters;
• customer reference;
• accounting purposes;
• commercial information;
The data are stored electronically and accessed by PROFICIENT TECHNOLOGIES employees and collaborators who have been appointed for the processing for this purpose.
The parties, by signing this contract, mutually acknowledge and confirm that any processing of personal data that derives from the execution of this contract will be carried out solely for the purposes related to such execution.
10.2 The CUSTOMER may modify and update his personal data by means of a written request to PROFICIENT TECHNOLOGIES.
ART. 11 - CONFIDENTIALITY OF TRANSITED INFORMATION AND MESSAGES
11.1 Without prejudice to the provisions of the previous point, each party shall keep secret all information acquired in relation to the supply relationship. Each party takes every necessary precaution in order to safeguard the confidentiality and secrecy of such information and to prevent its disclosure to third parties, and will limit its communication only to employees and consultants who have an effective need to know it for the purposes referred to in this supply relationship in compliance with the need to know principle, undertaking not to disclose the information to third parties, not to make it public or accessible by any other means unless it is expressly permitted with written consent issued by the party making the disclosure or delivery of information; it being understood that each party will not be deemed in breach of the provisions of this article as a result of communications made in compliance with the provisions contained in any rule or regulation or order promulgated by public authorities having jurisdiction over it in relation to the execution of this Agreement and to the operations envisaged therein. Each party ensures that these commitments are also respected by its directors, statutory auditors, employees, promoters and consultants to whom such information has been communicated. The confidentiality obligations set forth herein will cease at the end of the first year from the date of termination of the effectiveness of this Agreement.
11.2 PROFICIENT TECHNOLOGIES shall not access and/or intercept the content of the messages and/or the telephone calls transmitted through its systems, and shall not communicate it to third parties, except in the cases provided for by law at the request of the Judicial and Police Authorities. Similarly, it complies with the law for the management of traffic data. The CUSTOMER may request the publication of his personal data from the telephone directories in accordance with the relevant legislation and regulations.
11.3 The CUSTOMER appoints PROFICIENT TECHNOLOGIES responsible for the processing of the identification data of the telephone communications received by the user. PROFICIENT TECHNOLOGIES will keep such data for the time requested by the CUSTOMER. PROFICIENT TECHNOLOGIES will protect such data with the organizational and logical measures required by law.
11.4 Communications Security. As part of the telecommunications service provided, adequate security measures are adopted to protect communications. Nevertheless, there may be situations that allow unauthorized third parties to learn the content of the same even unintentionally. In particular, unless encryption systems are adopted, the messages circulate on the networks in the clear and the networks prove to be easily attacked despite the adoption of up-to-date protection systems.
ART. 12 - CONTRACTUAL MODIFICATIONS
12.1 PROFICIENT TECHNOLOGIES may make any changes to this document. If the CUSTOMER does not accept the announced changes, he has the right to withdraw from the contract without paying any penalty for the withdrawal.
ART. 13 - EXPRESS TERMINATION CLAUSE
13.1 - The violation of the following provisions involves the termination of the contract:
• use of services for illegal purposes and/or to cause a nuisance to third parties;
• use of the services for telephony arbitrage or similar activities;
• use of numbering in a way that does not comply with legal and regulatory provisions;
• fraud or technical problems that put the PROFICIENT TECHNOLOGIES infrastructure at risk;
• use of services in violation of the regulations governing call center activities
\
ART. 14 - SUPPORT MISSION
14.1 The mission of PROFICIENT TECHNOLOGIES Technical Support is to provide an excellent service to our Partners during the deployment and after the deployment of PROFICIENT TECHNOLOGIES Solutions. PROFICIENT TECHNOLOGIES Technical Support does not provide pre-sales support, which is performed by our Sales Teams, or provide information included in the documentation.
14.2 To support this mission, we publish the terms and conditions of delivering Technical Support services which help our Partners set the right expectations in regards of PROFICIENT TECHNOLOGIES Technical support services.
14.3 PROFICIENT TECHNOLOGIES Technical Support teams work closely with NOC Engineers, whose mission is:
• proactive PROFICIENT TECHNOLOGIES Systems monitoring and analysis of crash reports;
• analysis and resolution of Critical issues which arrive outside Support Hours;
ART. 15 - SUPPORT ELIGIBILITY
15.1 PROFICIENT TECHNOLOGIES direct Technical Support service is available for the following type of Partners:
• PROFICIENT TECHNOLOGIES Platinum Business Partner;
• PROFICIENT TECHNOLOGIES Gold Business Partner;
• PROFICIENT TECHNOLOGIES Silver Business Partner;
ART. 16 - SUPPORT HOURS
16.1 Support hours for processing new tickets are Monday through Friday 8:00 a.m. to 5:00 p.m. MDT.
16.2 Extended support service only for Critical issues is available 24 hours / 7 days per week.
16.3 Ticket response time based on ticket class of service (CoS). Response time for newly created tickets may differ depending on the CoS assigned to the ticket. Response times and the policies of assigning CoS are explained in the table below:
16.4 Extended Support Service for Critical issues. Extended Support Service is available only for Critical issues, such as:
• PROFICIENT TECHNOLOGIES UC Cloud Platforms
• Customers Business operations severely impacted with no workaround;
16.5 Extended Support Service does NOT cover:
• reports of non critical problems;
• HW replacement or checks on faulty HW;
• checks on internet connectivity;
• standard activities covered by Support and which must be planned in advance (deployment questions, integration analysis, bugs reports);
16.6 Extended Support Service is provided by phone, 24 hours a day / 7 days a week.
16.7 To interact with Extended Support Service outside Support hours, please call:
• USA: +14062728525;
16.8 Once a new ticket arrives outside Support Hours, the responsible NOC engineer investigates the issue and, in case the ticket qualifies for Critical CoS, tries to resolve the ticket immediately or provide a workaround.