Call Tracking Terms & Conditions

These Terms and Conditions of Service govern Zib Digital's call tracking, call recording, routing, IVR, SMS, AI platform and API services. They should be read alongside our Privacy Policy.

1About These Terms

1.1These Terms and Conditions of Service (Terms) apply to all services provided by Zib Digital, including its associates, related parties, successors and assigns (collectively referred to as ZIB DIGITAL, we, us or our), to any individual or entity in Australia accessing or using the Services (referred to as Customer, you or your).

1.2These Terms form part of, and should be read alongside, ZIB DIGITAL's Privacy Policy, which sets out how we collect, use and protect personal data in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. In the event of any inconsistency between these Terms and the Privacy Policy, these Terms will prevail to the extent of any inconsistency relating to service obligations.

1.3By signing these Terms or accessing the Services, you confirm that you have read, understood and agree to be bound by them. If you do not agree, you must not use the Services.

1.4We may update these Terms from time to time. We will notify you of any material changes by email or through the platform. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

2Definitions

In these Terms, the following words have the following meanings:

Advanced Call Routing Service

The service that enables the routing of Incoming Calls to the appropriate destination based on a Calling Party's phone number, location, or postcode input.

AI Outputs

Any transcripts, summaries, sentiment scores, keyword tags, call scores, action points or other data generated by the AI platform features.

Call Alert Lead Notifications

The service that records and notifies you of missed or answered Incoming Call information, including caller details, source, lead type, and voicemail recordings where left by the Calling Party.

Call Flow Service

The drag-and-drop call routing interface that enables you to configure and manage how Incoming Calls are handled and routed within the platform.

Call Recording Service

The service that enables Recordings of Incoming Calls to be made and stored.

Call Tracking Service

The service that enables tracking of Incoming Call information, including the Calling Party's details, advertising source, call duration and call history.

Calling Party

A person who places an Incoming Call to you using the Services.

Carrier

The third-party Australian telecommunications carrier that operates the Network.

Data

Any and all information procured, collected or compiled by ZIB DIGITAL in relation to a Calling Party or your use of the Services, including call logs, call activity reports, advertising source data and Personal Information.

GST

Goods and Services Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Incoming Call

A telephone call received by you through use of the Services.

Interactive Voice Response (IVR) Service

The service comprising a system for routing Incoming Calls or providing recorded information to Calling Parties, including hold messages and automated prompts.

Network

The Australian telecommunications network operated by the Carrier through which ZIB DIGITAL supplies the Services.

Outbound Call Service

The service that enables you to make and track outbound telephone calls through the platform.

Personal Information

Information that identifies or could reasonably identify a Calling Party, including but not limited to their phone number, name, address and email address, as defined under the Privacy Act 1988 (Cth).

Phone Number

A telephone number made available to you as part of the Services.

Recording

An audio recording of an Incoming Call made using the Call Recording Service.

Services

The services supplied by ZIB DIGITAL under these Terms, which include:

• Call Tracking Service
• Call Recording Service
• Advanced Call Routing Service
• Interactive Voice Response (IVR) Service
• Call Alert Lead Notifications
• AI Platform Features
• SMS Services
• Outbound Call Service
• Call Flow Service
• API Access
• Any other services ZIB DIGITAL may offer from time to time

SMS Services

The messaging services provided by ZIB DIGITAL, including SMS, MMS, RCS (where available), two-way messaging, bulk SMS campaigns, automated SMS notifications, SMS follow-up, and access to the SMS API.

Website

ZIB DIGITAL's website, the dashboard platform, and any other platform, application or service through which the Services are accessed.

3Provision of Services

3.1In supplying the Services, ZIB DIGITAL will provide you with:

• A Phone Number through which the Services will be accessed, forming part of the Network;
• Equipment and infrastructure that ZIB DIGITAL considers appropriate and necessary to deliver the Services;
• Reasonable technical and customer support as ZIB DIGITAL deems appropriate.

3.2Any new features, services, content or applications made available by ZIB DIGITAL from time to time will be subject to these Terms, unless we notify you otherwise.

3.3ZIB DIGITAL will use reasonable endeavours to ensure the Services are available at all times. However, we do not guarantee uninterrupted availability and may perform scheduled or emergency maintenance from time to time. Where possible, we will provide reasonable advance notice of planned outages.

3.4ZIB DIGITAL may, from time to time, modify, enhance or update the Services or any related equipment. We will aim to give you reasonable notice of material changes that may affect your use of the Services.

4Phone Numbers

4.1Phone Numbers made available to you by ZIB DIGITAL are provided solely in connection with the supply of the Services and form part of those Services.

4.2All Phone Numbers remain the property of ZIB DIGITAL or its infrastructure partners at all times, including upon expiry or termination of your account or these Terms.

4.3You may request to port a Phone Number to an alternative service provider, Carrier or Network. Porting requests are subject to ZIB DIGITAL's prior written consent, which ZIB DIGITAL reserves the right to withhold. Where ZIB DIGITAL consents to a porting request, a porting fee of $60.00 (AUD) per Phone Number will apply, payable prior to the port being processed.

4.4ZIB DIGITAL may, without notice or liability to you, discontinue or modify any Phone Number at any time, including where required by a Carrier, Network requirements, or to comply with any statutory, regulatory or legal obligation. In such cases:

• You must accept any new or modified Phone Number issued by ZIB DIGITAL, unless these Terms have been terminated in accordance with clause 10;
• ZIB DIGITAL will endeavour to provide you with written notice of any such discontinuance or modification as soon as reasonably practicable; and
• You have no claim against ZIB DIGITAL for any loss or damage resulting from such discontinuance or modification.

5Your Obligations

5.1In using the Services, you agree that you will:

• Only use the Services for your own legitimate business purposes;
• Not use the Services in any way that is unlawful, abusive, harmful, threatening, defamatory, or that infringes the intellectual property rights of any third party;
• Not interfere with or disrupt the stability, operation or integrity of the Network;
• Not re-supply, resell, chain or group the Services in any way without ZIB DIGITAL's prior written consent;
• Keep your account credentials confidential and notify ZIB DIGITAL immediately of any unauthorised access or suspected breach of security;
• Be responsible for all activity that occurs under your account, whether or not authorised by you; and
• Co-operate with ZIB DIGITAL in relation to any complaints, enquiries or investigations connected with the Services, and meet any reasonable costs associated with such matters at ZIB DIGITAL's direction.

5.2You must ensure that any employees, contractors, agents or other persons who access or use the Services on your behalf are aware of, and comply with, these Terms.

6Call Recordings and Personal Information

6.1When you enable the Call Recording Service, you are requesting ZIB DIGITAL to record the full length of each Incoming Call received through your Phone Number, and to collect Personal Information about the Calling Party on your behalf.

6.2By using the Call Recording Service, you agree that:

• You authorise ZIB DIGITAL to make Recordings and collect Personal Information as your agent, including Caller Line Identification data;
• Prior to any Recording commencing, you must ensure the Calling Party is informed that their call may be recorded. You may do this by either:
  • Authorising ZIB DIGITAL to play a pre-call voice message notifying the Calling Party of the Recording; or
  • Making your own arrangements to provide the required notification in accordance with applicable law;
• All Recordings are stored for a period of twelve (12) months from the date of the call. After this period, or upon cancellation of your account, Recordings will no longer be accessible and ZIB DIGITAL will have no liability for failure to retain them beyond this period;
• All Personal Information collected through the Services must be handled by you in compliance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Telecommunications Act 1997 (Cth), and the Telecommunications (Interception and Access) Act 1979 (Cth);
• You must inform your staff that their conversations with Calling Parties may be recorded through the Services; and
• ZIB DIGITAL has no liability for how you, your staff, agents or authorised representatives use or rely on Recordings or Personal Information collected through the Services.

7AI Platform Features

7.1AI platform features are optional tools that use artificial intelligence to transcribe, analyse and summarise your Recordings. When enabled, the system will automatically process your Recordings to produce AI Outputs including transcripts, sentiment scores, keyword tags, call scores and call summaries.

7.2By enabling these features, you agree that:

• AI Outputs are generated by automated processes and may not always be accurate, complete or error-free. You must not rely solely on AI Outputs for any decision that carries legal, financial, regulatory or other significant consequence;
• AI Outputs are stored for the same period as the associated Recording (twelve (12) months), after which they will no longer be accessible;
• You are responsible for ensuring that your use and sharing of AI Outputs — including transcripts shared with your employees, clients or third-party tools — complies with the Privacy Act 1988 (Cth) and all other applicable Australian laws;
• By enabling these features, you confirm that you have ensured (or will ensure) that Calling Parties are appropriately notified that their call may be transcribed and analysed using AI, consistent with your obligations under clause 6.2; and
• ZIB DIGITAL has no liability for how you or your authorised representatives use or rely on AI Outputs, or for any decisions made in reliance on them.

7.3AI features may be updated or enhanced from time to time. The accuracy, features and availability of these features may change without notice, and ZIB DIGITAL makes no warranty as to their performance.

8SMS Services

8.1ZIB DIGITAL's SMS Services allow you to send and receive SMS, MMS and, where available, RCS messages, including bulk campaigns, automated notifications, two-way messaging and SMS follow-ups, via the platform or API.

8.2In using the SMS Services, you agree that:

• You will only send messages to recipients who have given their express consent to receive messages from you, in accordance with the Spam Act 2003 (Cth) and the Australian Communications and Media Authority (ACMA) guidelines;
• Every commercial message sent through the SMS Services must include a clear and functional opt-out mechanism (for example, 'Reply STOP to unsubscribe'), and you must promptly honour all opt-out requests;
• You must not use the SMS Services to send spam, unsolicited messages, unlawful content, or messages that are abusive, deceptive, misleading or otherwise in breach of the Spam Act 2003 (Cth) or any other applicable law;
• ZIB DIGITAL may suspend or terminate your access to the SMS Services immediately if we reasonably believe you are in breach of this clause or applicable messaging laws; and
• You are solely responsible for the content of all messages sent using the SMS Services and you indemnify ZIB DIGITAL against any claim, loss or liability arising from your use of the SMS Services.

8.3SMS Services are charged on a per-message basis in accordance with ZIB DIGITAL's current rate schedule. Rates may vary by message type (SMS, MMS, RCS) and are subject to change with reasonable notice.

9API Access

9.1ZIB DIGITAL provides API access to allow you to integrate call tracking data and functionality into your own platforms, tools and workflows.

9.2In using the API, you agree that:

• You will access the API only for legitimate business purposes connected to your use of the Services;
• You must not use the API in any way that could damage, overload or impair the infrastructure;
• ZIB DIGITAL may impose rate limits or usage restrictions on API access at any time, and may suspend API access if we reasonably believe misuse is occurring; and
• ZIB DIGITAL has no liability for the performance of any applications, integrations or workflows that you build using the API, or for any loss or damage resulting from changes to the API.

9.3ZIB DIGITAL may update or deprecate API endpoints from time to time. Where possible, we will provide reasonable advance notice of breaking changes.

10Billing and Payment

10.1You will be charged for the Services in accordance with ZIB DIGITAL's rate schedule as published or notified from time to time. All charges are exclusive of GST unless stated otherwise.

10.2Payment is due by the date specified on your invoice. If you fail to pay by the due date, ZIB DIGITAL may, without limiting any other rights:

• Charge interest at the rate of 10% per annum, calculated daily on all overdue amounts until paid in full;
• Charge a reasonable administrative fee for costs associated with recovering the overdue amount;
• Suspend or cancel your account or assigned Phone Numbers;
• Terminate any agreement between you and ZIB DIGITAL and demand immediate payment of all amounts owing;
• Cancel any rebate, discount or allowance that would otherwise have applied; and
• Commence debt recovery proceedings at your cost.

10.3You may not set off or deduct any amounts owed by you to ZIB DIGITAL, regardless of any dispute or counter-claim you may have.

10.4Phone number porting fees ($60.00 AUD per number) are payable in advance and are non-refundable once the porting process has been initiated.

11Third-Party Integrations

11.1The Services integrate with a range of third-party platforms, including Google Analytics, Google Ads, Microsoft Ads, Slack, Zapier and various CRM systems. By connecting these integrations, you authorise ZIB DIGITAL to transmit relevant data to and from those platforms on your behalf.

11.2You are responsible for reviewing and complying with the terms, privacy policies and data handling practices of any third-party platform you connect to the Services.

11.3ZIB DIGITAL has no control over third-party platforms and accepts no liability for any disruption, change, loss or damage caused by or arising from a third-party platform, including any changes to APIs, integrations or data-sharing arrangements made by third parties.

11.4ZIB DIGITAL's use of information received from Google APIs will adhere to the Google API Services User Data Policy, including Limited Use requirements.

12Data and Confidentiality

12.1ZIB DIGITAL will maintain the confidentiality of your data and will not share it with third parties except as set out in these Terms or our Privacy Policy.

12.2ZIB DIGITAL may use anonymised or aggregated data derived from the Services for internal research, product development and analytics purposes, provided such data cannot be used to identify you or any Calling Party.

13Intellectual Property

13.1All intellectual property rights in the Services, the platform, the platform AI, software, algorithms, data models, documentation and any derivative works thereof (collectively, Works) belong to ZIB DIGITAL and/or its infrastructure partners and are protected under the Copyright Act 1968 (Cth) and other applicable Australian intellectual property laws.

13.2You must not, without ZIB DIGITAL's prior written consent:

• Copy, reproduce, modify, distribute or create derivative works from the Works;
• Sell, sublicense or otherwise make the Works available to any third party; or
• Reverse engineer, decompile or attempt to extract the source code of any part of the platform or Services.

13.3Nothing in these Terms transfers any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable licence to access and use the Services for your own business purposes during the term of these Terms.

14Compliance with Laws

14.1You are responsible for ensuring that your use of the Services complies at all times with all applicable Australian laws and regulations, including:

• Telecommunications Act 1997 (Cth)
• Telecommunications (Interception and Access) Act 1979 (Cth)
• Privacy Act 1988 (Cth) and the Australian Privacy Principles
• Spam Act 2003 (Cth)
• Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth))
• Any applicable ACMA guidelines and regulatory instruments.

14.2You are solely responsible for obtaining any required consents from Calling Parties in connection with Recordings, AI transcription and data collection, and for providing any required disclosures or notifications under applicable law.

14.3ZIB DIGITAL has no obligation to advise you on legal compliance. You agree to indemnify and hold ZIB DIGITAL harmless from any claim, loss, penalty or liability arising from your failure to comply with applicable laws in your use of the Services.

15Limitation of Liability

15.1To the fullest extent permitted by the Australian Consumer Law and any other applicable law, ZIB DIGITAL excludes all implied conditions, warranties and representations, including any implied warranty of merchantability, fitness for a particular purpose, or that the Services will be uninterrupted or error-free.

15.2Where the Australian Consumer Law applies and cannot be excluded, ZIB DIGITAL's liability for a failure to comply with a consumer guarantee is limited to the resupply of the Services or the payment of the cost of having the Services resupplied, at ZIB DIGITAL's election.

15.3Subject to clause 15.2, ZIB DIGITAL will not be liable to you under any circumstances for any indirect, incidental, special or consequential loss, including loss of profits, revenue, business, data or goodwill, whether arising in contract, tort (including negligence) or otherwise.

16Indemnity

16.1You agree to indemnify ZIB DIGITAL and hold it harmless from and against any claims, demands, liabilities, losses, costs and expenses (including reasonable legal costs) arising out of or in connection with:

• Any breach by you of these Terms;
• Your use or misuse of the Services, including any non-compliant use of Recordings, AI Outputs, SMS Services or Personal Information;
• Any claim by a Calling Party or end client arising from your use of the Services; and
• Any unauthorised re-supply or use of the Services by a third party enabled by you.

17Term and Termination

17.1These Terms commence on the date you sign this document or first access the Services (whichever is earlier) and continue until terminated.

17.2Either party may terminate these Terms by giving 30 days' written notice to the other.

17.3ZIB DIGITAL may immediately suspend or terminate your access to the Services if:

• You breach any of your obligations under these Terms and, where the breach is capable of remedy, fail to remedy it within 14 days of written notice;
• You fail to pay any invoice by the due date;
• You become insolvent, enter administration, or cease to carry on business in the normal course; or
• ZIB DIGITAL's right to provide the Services, or the underlying Carrier's right to provide access to the Network, ceases or is materially interrupted for any reason.

17.4These Terms will automatically and immediately terminate if ZIB DIGITAL's right to provide the Services ceases entirely for any reason.

17.5On termination, you must cease all use of the Services. Clauses that by their nature should survive termination (including clauses relating to intellectual property, indemnity, limitation of liability and confidentiality) will continue to apply after termination.

18General

18.1Entire Agreement. These Terms, together with the Privacy Policy and any schedules or documents expressly incorporated by reference, constitute the entire agreement between you and ZIB DIGITAL in relation to the Services and supersede all prior agreements, representations and understandings.

18.2Variations. ZIB DIGITAL may update these Terms from time to time. We will give you reasonable notice of material changes. Continued use of the Services after changes take effect constitutes acceptance.

18.3Waiver. A failure by ZIB DIGITAL to enforce any provision of these Terms does not constitute a waiver of ZIB DIGITAL's right to enforce that provision at a later time.

18.4Severability. If any provision of these Terms is found by a court to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and all other provisions will remain in full force and effect.

18.5Assignment. You may not assign or transfer your rights or obligations under these Terms without ZIB DIGITAL's prior written consent. ZIB DIGITAL may assign its rights and obligations to a related body corporate or in connection with a business sale or restructure.

18.6No Agency. Nothing in these Terms creates an agency, partnership, joint venture or employment relationship between you and ZIB DIGITAL, except as expressly stated in clause 6 in relation to the collection of Recordings and Personal Information on your behalf.

19Governing Law and Jurisdiction

19.1These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

19.2Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and the courts of appeal from them in respect of any dispute arising out of or in connection with these Terms.