Dimensions Terms Of Service
Agreement Revision 2, July 2023
Welcome to Dimensions. By using Dimensions Technologies Limited (“Dimensions”) products, software, services or web sites (“Dimensions Services”), you agree to the following Terms of Service, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”).
We may update the Terms in the future, and you will be able to find the most current version of these Terms of Service at https://www.dimensionstechnologies.com/terms-of-service/. Our Terms should also be read in conjunction with our Privacy Notice, which is available at https://www.dimensionstechnologies.com/privacy/.
These Terms of Service are organised into multiple sections so you can click-through to the specific areas set out below: 1. APPLICATION OF TERMS 2. USE OF SERVICES 3. DATA PROTECTION AND PRIVACY 4. APPROPRIATE CONDUCT 5. PROPRIETARY RIGHTS 6. SOFTWARE & AUTOMATIC UPDATES 7. GENERAL PRACTICES REGARDING USE & STORAGE 8. MODIFICATIONS TO SERVICE 9. TERMINATION 10. ADVERTISEMENTS 11. LINKS 12. INDEMNITY 13. DISCLAIMER OF WARRANTIES 14. CONFIDENTIALITY 15. LIMITATION OF LIABILITY 16. THIRD-PARTY RIGHTS 17. FORCE MAJEURE 18. NOTICE 19. GENERAL 20. IMPORTANT PRIVACY NOTICE 21. PROCESSING, PERSONAL DATA & DATA SUBJECTS 22. GLOSSARY
Terms of Service
- APPLICATION OF TERMS
These Terms of Service apply to, and are incorporated into the contract between you and your Telephony Services Provider for the purchase of Dimensions Services. These Terms of Service prevail over any inconsistent terms or conditions contained in, or referred to by you, or implied by law, trade custom, practice or course of dealing.
- USE OF SERVICES
In these Terms of Service, “we”, “us”, or “our” refers to Dimensions Technologies Limited, its subsidiaries and affiliated companies, including your Telephony Services Provider or account administrator, who offer Dimensions Services to you, provided that you are over 18 years old and are not barred from receiving services under the laws of England and Wales or any other jurisdiction where we provide and/or you may use Dimensions Services.
In order to access certain Dimensions Services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Dimensions Services, held and used by Dimensions under the Terms of the Dimensions Privacy Notice.
You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Dimensions of any unauthorised use of your account or any other breach of security. Dimensions cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or failure to keep your password secure.
- DATA PROTECTION AND PRIVACY
3.1. Data Protection Legislation as used and applied in these Terms of Service means any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy.
3.2. We both will comply with all applicable requirements of the Data Protection Legislation. This clause 3.2 is in addition to, and does not relieve, remove or replace, either of our obligations under the Data Protection Legislation.
3.3. We both acknowledge that for the purposes of the Data Protection Legislation, you are the Data Controller, Dimensions are a Data Processor, and, if applicable, your Telephony Services Provider are also a Data Processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Section 21 (Processing, Personal Data & Data Subjects) of these Terms of Service sets out the scope, nature and purpose of processing by Dimensions, the duration of the processing and the types of Personal Data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject.
3.4. Without prejudice to the generality of clause 3.2, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to Dimensions for the duration and purposes of these Terms of Service, which corresponds to the duration that you subscribe to Dimensions Services via your Telephony Services Provider, and three (3) subsequent calendar years after Dimensions Services are terminated.
3.5. Without prejudice to the generality of clause 3.2, Dimensions shall, in relation to any Personal Data processed in connection with the performance by Dimensions of its obligations under these Terms of Service:
i) process that Personal Data only on either (a) your written instructions or your Telephony Services Provider; (b) the direct provisioning of your telephony reporting environment by either you or your Telephony Services Provider via the Dimensions Services self-service administration portal(s); or (c) where Dimensions is required by the laws of any member of the European Union or by the laws of the European Union applicable to Dimensions to process Personal Data (Applicable Laws). Where Dimensions is relying on Applicable Laws as the basis for processing Personal Data, Dimensions shall promptly notify you and/or your Telephony Services Provider of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Dimensions from so notifying you;
ii) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising, anonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
iii) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
iv) if you are based inside the EEA (European Economic Area), Dimensions shall not transfer any Personal Data outside of the European Economic Area unless we have obtained your prior written consent and the following conditions are fulfilled:
a. You or Dimensions have provided appropriate safeguards in relation to the transfer;
b. The Data Subject has enforceable rights and effective legal remedies;
c. Dimensions complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
d. Dimensions complies with reasonable instructions notified to it in advance by you with respect to the processing of the Personal Data;
v) assist you, at your own cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
vi) notify you or your Telephony Services Provider without undue delay on becoming aware of a Personal Data breach;
vii) at your written direction, or your Telephony Services Provider, delete or return Personal Data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the Personal Data; and
viii) maintain complete and accurate records and information to demonstrate its compliance with this clause 3.
3.6. You give Dimensions consent to appoint any third-party processor of Personal Data under the Terms. Dimensions confirms that it has entered or (as the case may be) will enter with any third-party processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 3. Dimensions will notify you of any changes to any third-party processors via our website or by updating our privacy notice.
- APPROPRIATE CONDUCT
You agree that you are responsible for your own conduct and any content that you create, transmit or display while using Dimensions Services and for any consequences thereof. You agree to use Dimensions Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with, or disrupts Dimensions Services, servers or networks connected to Dimensions Services. To report any activity or content that may violate the Terms, please contact us at https://www.dimensionstechnologies.com/contact/.
In addition to these Terms of Service, your use of some specific Dimensions Services are governed by the policies or guidelines specific to those services and which are specifically incorporated into these Terms of Service.
You understand that the technical processing and transmission of Dimensions Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
You also understand and agree that your Telephony Services Provider or account administrator may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account.
- PROPRIETARY RIGHTS
You acknowledge and agree that Dimensions Services and any necessary software used in connection with Dimensions Services (“Software”) is the sole property of Dimensions and contains proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You are not permitted to use any of Dimensions’ trade names, trade marks, logos, domain names, or any other distinctive brand features without Dimensions’ prior written permission. Any such use must be in strict compliance with the terms of a separate agreement you must specifically enter into with Dimensions, and also must be in compliance with any content contained or referenced therein that may be found on the Dimensions web site at the following URL: https://www.dimensionstechnologies.com (or such other URL that Dimensions may provide from time to time).
You further acknowledge and agree that content contained in sponsor advertisements or presented to you through Dimensions Services (“Third-Party Content”) is protected by copyrights, trade marks, patents or other proprietary rights and laws. Except as expressly authorised by Dimensions or other proper third-party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Third-Party Content, Dimensions Services or Software, in whole or in part except as specifically authorised in a separate written agreement.
License & Limited Rights
Subject to the Terms, Dimensions grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third-party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted, required by law or has been expressly authorised by Dimensions in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to Dimensions Services. You also agree not to access Dimensions Services by any means other than through the interface that is provided by Dimensions for use in accessing Dimensions Services except as specifically authorised in a separate written agreement.
Except as expressly authorised by Dimensions, you agree not to use, copy, imitate, or incorporate any trade name, trade mark, domain name, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Dimensions’ or any third-party’s copyright notice, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Dimensions Services or Software.
No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Dimensions Services, use of or access to Dimensions Services, except as otherwise expressly provided in the Terms or as specifically authorised in a separate written agreement.
- SOFTWARE & AUTOMATIC UPDATES
Dimensions Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop Dimensions Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
- GENERAL PRACTICES REGARDING USE & STORAGE
You agree that Dimensions has no responsibility or liability for the deletion or failure to store any of your content and other communications maintained or transmitted by Dimensions Services. You acknowledge that Dimensions may have set no fixed upper limit on the number of records you may create or receive through Dimensions Services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of Dimensions Services, Dimensions will close your account and you will no longer be able to retrieve content contained in that account.
Dimensions may retain content if it considers it reasonable or necessary to manage the Dimensions Services and to comply with regulatory requirements but may delete content at its discretion.
Automatic Dimensions Service Telephony Data Collection
You agree that the Dimensions Services’ data collection logic can automatically access your telephony environment on the hosted telephony platform in order to collect real-time information related to call, device states, and/or ACD / DND activity.
Backup Data & Content
Backup Data is defined as encrypted & inaccessible data used only for service restoration purposes in the unlikely event of a catastrophic technical failure. Backup Data contains Dimensions Service configuration such as Devices, ACD Agents, and User credentials, as well as all historic call, e-mail, chat, and ACD / DND activity data for both the current & previous months. You agree that Dimensions can maintain up to three (3) years of historic Backup Data and that Dimensions has the sole discretion to automatically & irreversibly delete Backup Data when required for maintaining storage availability for its data management operations.
- MODIFICATIONS TO SERVICE
Dimensions reserves the right at any time and, from time to time, modify or discontinue, temporarily or permanently, Dimensions Services (or any part thereof) with or without notice. You agree that Dimensions shall not be liable to you or to any third-party for any modification, suspension or discontinuation of Dimensions Services.
You must cease to use any Dimensions Services after the end of any contractual term entered into for Dimensions Services. You agree that Dimensions may at any time and for any reason, including a period of account inactivity (determined solely by us), terminate your access to Dimensions Services, terminate the Terms, suspend or terminate your account.
In the event of termination, your account will be disabled and you may not be granted access to Dimensions Services, your account or any files or other content contained in your account. Sections 9 (Termination), 12 (Indemnity), 13 (Disclaimer Of Warranties), 14 (Confidentiality), 15 (Limitation Of Liability), 19 (including “Jurisdiction”, “Waiver And Severability Of Terms” and “Statute Of Limitations”), of the Terms, shall survive expiration or termination.
Some Dimensions Services may be supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Dimensions Services, queries made through Dimensions Services or other information. The manner, mode and extent of advertising by Dimensions on its services are subject to change.
Dimensions Services may provide, or third-parties may provide, links to other World Wide Web sites or resources. Dimensions has no control over such sites and resources and you acknowledge and agree that Dimensions is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Dimensions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Subject to clause 15, you agree to hold harmless and indemnify Dimensions, its subsidiaries, affiliates, officers, agents, resellers, employees, advertisers, licensors, suppliers and account administrators, (collectively “Dimensions & Partners”) from and against any third-party claim, pending or threatened, arising from or in any way related to your use of Dimensions Services in, violation of the Terms, including any liability or expense arising from all claims, losses, damages (actual and consequential), judgments,
litigation costs and solicitor’s fees, of every kind and nature. In such a case, Dimensions will provide you with written notice of such claim or action and with reasonable control over the defence and settlement of any such claim or action.
- DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of Dimensions Services is at your sole risk. Dimensions Services are provided on an as is and as available basis. To the maximum extent permitted by law, Dimensions & Partners expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
b. Dimensions & Partners do not warrant that (i) Dimensions Services will meet your requirements, (ii) Dimensions Services will be uninterrupted, timely, secure, or error-free, (iii) the operation of your telephony platform(s) and/or associated voice calls will be uninterrupted, timely, secure, or error-free (iv) the results that may be obtained from the use of Dimensions Services will be accurate or reliable (v) the quality of any products, services, information, or other material purchased or obtained by you through Dimensions Services will meet your expectations, and (vi) any errors in the Software will be corrected.
c. Any material downloaded or otherwise obtained through the use of Dimensions Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, network, or other device or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from Dimensions or obtained from Dimensions Services shall create any warranty not expressly stated in the terms.
You shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature, and any intellectual property rights, that have been disclosed to you by Dimensions or any Telephony Service Provider, or discovered by you, and any other confidential information concerning your business or Dimensions Services which you may obtain. You shall restrict disclosure of such confidential material to your employees, agents or sub-contractors as need to know it for the purpose of discharging your obligations to Dimensions, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind you.
- LIMITATION OF LIABILITY
You expressly understand and agree that Dimensions & Partners shall not be liable to you for any indirect, incidental, special, consequential or exemplary loss, including but not limited to, loss of profits, goodwill, use, data or other intangible losses (even if Dimensions & Partners have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use Dimensions Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Dimensions Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on Dimensions Services; or (v) any other matter relating to Dimensions Services.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms of Service.
Dimensions’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Dimensions Services shall be limited to twelve (12) times the amount of fees paid by you to Dimensions in the previous single subscription month prior to the date of any such breach of the Terms by Dimensions.
Your maximum liability under these Terms of Service or arising from the Dimensions Services provided thereunder, whether such liability arises from a claim based on breach or repudiation of contract, negligence, tort, statutory duty or otherwise, shall in no case exceed twelve (12) times the total amount of fees paid by you to Dimensions in the previous month of subscription prior to the date of any such breach. You shall not be liable for any indirect, incidental, special, consequential or exemplary loss, costs
or damages including but not limited to, loss of profits, goodwill, (even if you have been advised of the possibility of such damages) resulting from your use of or any other matter relating to the Dimensions Services provided under these Terms of Service.
Nothing in these Terms of Service excludes or limits either party’s liability to the other for death or personal injury caused by a party’s negligence or for fraud or fraudulent misrepresentation.
- THIRD-PARTY RIGHTS
You agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiaries to the Terms and the Contract (Rights of Third Parties) Act 1999 is excluded.
- FORCE MAJEURE
Dimensions shall have no liability to you under the Terms if it is prevented from, or delayed in, performing its obligations under these Terms of Service or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Dimensions or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Dimensions or sub-contractors.
You agree that Dimensions may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, or content postings on Dimensions Services.
The Terms (including any policies, guidelines or amendments that may be presented to you from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Dimensions and govern your use of Dimensions Services, superseding any prior agreements between you and Dimensions for the use of Dimensions Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Dimensions Services, affiliate services, third-party content or third-party software.
The Terms and the relationship between you and Dimensions shall be governed by the laws of the England and Wales without regard to its conflict of law provisions. You and Dimensions agree to submit to the personal and exclusive jurisdiction of the courts located within the country of the England.
Waiver And Severability Of Terms
The failure of Dimensions to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision or part-provision of the Terms becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Terms.
Statute Of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Dimensions Services or the Terms must be served within one (1) year after such claim or cause of action arose.
The section headings in the Terms are for convenience only and have no legal or contractual effect.
Nothing in these Terms are intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between you and Dimensions, nor constitute either party, or the agent of another party for any purpose. Neither of us shall have authority to act as agent for, or to bind the other party(s) in any way.
- IMPORTANT PRIVACY NOTICE
Dimensions Services are offered by Dimensions in conjunction with your Telephony Services Provider or account administrator where every involved party may have access to your account information including your e-mail and records. Specifically, subject to your designated Telephony Services Provider and/or account administrator’s privacy policies, your account administrator may:
View statistics regarding your account, such as information concerning your logins or data storage usage;
Change your account password, suspend or terminate your account access and your ability to modify your account;
Access or retain information stored as part of your account, including your e-mail, telephone number, contacts and other information; and,
Receive account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.
Dimensions’ other use of your information is governed by the Dimensions Privacy Notice (https://www.dimensionstechnologies.com/privacy/), and the applicable specific services privacy policies.
- PROCESSING, PERSONAL DATA & DATA SUBJECTS
The following table specifies the scope, nature and purpose of processing by Dimensions, the Telephony Services Provider, as well as the Customer. The duration of the processing, the types of Personal Data (as defined in the Data Protection Legislation, Personal Data), and categories of Data Subject are all indicated. A full definition of the Personal Data types can be found within the Dimensions Privacy Notice.
22.1. Telephony Terminology
· ACD means an Automatic Call Distributor, which is a telephony platform function that distributes incoming calls to a specific group of people commonly called ACD Agents.
· DND means Do-Not-Disturb, which is a telephony platform function that allows phone extension users to designate their device or phone account as being either available or unavailable to take inbound calls.