Terms of Use

  1. Phonon Communications Pvt Ltd. is a company incorporated under the Companies Act, 2013. Both of the above mentioned have their principal place of business and registered office respectively at 106, Blue Diamond, Fatehgunj, Baroda, Gujarat – 390 002. The business is also referred to as “Phonon” or “Phonon.in”.
  2. These terms of use apply irrevocably to all users of Phonon’s services using services through Phonon’s websites or social media channels such as Twitter, Facebook or on voice, SMS and email. By using Phonon’s services the Users using any of the services agree to the terms of use.
  3. Phonon provides application services such as Click-to-Call™, DealerConnect™, instant call connect, voice based, audiotex and Social media / SMS-based fulfilment services to Users of Phonon’s services. The services are described at length on Phonon’s website, www.phonon.in and on individual social media pages.
  4. Users of Phonon’s services constitute:
    1. Customers, those who purchase service accounts or services from us to enhance their operations through automated telephony (voice and SMS) applications or services.
    2. Users of our service constitute end-users or consumers of our service that have initiated a call-to-action to our services through one of our customer or Phonon’s direct accounts. These calls to action are user requests received on Phonon servers through various modes such as, but not limited to, inbound calls to Phonon telephony lines, internet, social media or offline call center requests, SMS’ to our systems.
    3. Phonon services will be used as a 3rd party service to Users on behalf of Phonon’s customers. The User will remain bound with Phonon Customer as per the Customer’s individual terms and conditions.
  5. Phonon’s services are governed as per the laws of India; specifically notices issued by the Department of Telecommunications and the Telecom Regulatory Authority of India. Further, all calls / SMSs originated from Phonon systems are subjected to the below Terms of Use and Fair Use and Privacy Policies of Phonon.
  6. These Terms of Use for Services exist for our End-users and Customers equally, unless specifically mentioned for any specific group of users.
  7. Our services are accessed by end-users across the Internet and telephony systems. While accessing our services Users irrevocably and without any remedy agree to all the Terms of Use applicable here-in on this page and also the below additional terms:
    1. By referring to or using our application scripts on websites, or making calls to our systems, the user confirms that the user is doing such act for using the service for the purpose it is meant and no other malicious intent.
    2. All content provided on Phonon’s services is on a best effort basis and Phonon does not provide any
    3. The user agrees that the phone number provided for any call-back is owned by the customer.
    4. The user is aware of various telephony regulations of India, including the Telecom Commercial Customer Communications Preferences Regulations, 2010 and its further amendments as listed at the appropriate website of the Telecom Regulatory Authority of India. In case, the user is registered as a do-not-call number, by requesting a call-back through any mode (or call-to-action) including but not limited to those mentioned in Sr. 2 above, the user has explicitly confirmed that the call-back number so provided is owned by the user and has further granted permission to Phonon to call the customer on the call-back number.
  8. In case found negligent towards any usage or compliance with any policies / laws / regulations in force as maybe of the Republic of India, users and Customers understands that Phonon will report such activities to appropriate law enforcing agencies. Phonon may also at its own volition, suitably file any complaints / claims in the courts of India towards intentional malicious usage of Phonon’s services.
  9. All hardware equipment, software licenses and intellectual property for provisioning this service are the property of phonon. Customers or Users of our services or any third party does not and will not have any claim on these.
  10. Any user or Customer will not try to reverse engineer, break or misuse in any way any code or application snippet shared by Phonon to the customer.
  11. Phonon is not a basic telephony service. Emergency calls and services will not be available through Phonon applications.
  12. Phonon may also unilaterally and without any notification block any call requests for inbound / outbound calls that reach our server. These blockages are to ensure quality of services and block any malicious request as maybe determined by Phonon’s systems. Such blockages will be shown on our online and reporting interface.
  13. Click-to-Call™, DealerConnect™, Phonon Outbound UC are provided by phonon as a hosted service. By subscribing to or using Phonon services, the Customer and/or User agrees to indemnify phonon and its employees / associates against any claims for damages, losses etc. from advertisers and other third parties to / from whom the calls / SMS’ have been generated. The User (end-user or Customer) further indemnifies and will hold phonon harmless against any civil or criminal usage of our telephony applications caused due to any reason beyond Phonon’s control.
  14. Additional Service Terms  of Use for our Customers.
    1. While Phonon maintains reasonable controls, customer confirms that it has done all necessary audits and holds and regards Phonon harmless towards any problems or claims arising from customer or 3rd party associated with customers, towards any incidents such as unlawful break-in, viruses, trojans, malicious scripts that may possibly harm customer systems or 3rd party systems.
    2. The services provided by Phonon are dependent on other networks, and Phonon has no control over services failing due to limitations / inadequacies in PSTN or other networks.
    3. Services will be delivered as per phonon’s standard service delivery SLAs and service provisioning terms and conditions. We try to ensure a 98.5% uptime on our system on an annualised basis. However, unless otherwise specified with each customer on a case-to-case basis, we will not be responsible in case the service goes down for a greater period of time.
    4. Any Customer (subscriber who has purchased the account with Phonon) using click-to-call services or any telephony services of Phonon will be responsible for calls and their usage made from the Customer’s account.
    5. Invoicing shall be by the contracting party’s registered office at Baroda.
  15. All disputes regarding the services provided by Phonon will be subject to jurisdiction of courts at Vadodara (India) only.
  16. Phonon is not liable for any damage claims from any of it’s users due to acts of God, fire, weather, acts of governments or other authorities, wars, civil disturbances, riots, terrorist acts, strikes, thefts, pilferage, epidemics, quarantines, government rulings, changes in laws or their interpretation by government agencies or other similar acts, incidents or force majeure beyond its reasonable control.
  17. By subscribing to click-to-call / phonon services, the customer agrees completely with the rates, terms and conditions and other details as listed in this document and contracted with the customer. In case of any deviation the terms mentioned here-in will be binding on all parties.
  18. Confidentiality: Phonon will make all efforts to keep all information regarding its customers or calls made on behalf of the customer confidential. However, such information could be given by us to statutory, legal and audit agencies as required under the laws of the land. For statutory and service improvement requirements, we will log user’s IP address, phone number and any other such information provided through or generated due to Customer or User requests hitting our servers that may be needed for complying with regulations and enhancing our services.
  19. Click4Calls, 22North is a service brand offered by Phonon. All relationship / commercial engagement of the customer will be with Phonon.
  20. Phonon reserves the rights to modify any Terms of Service and without any prior notice.

Vadodara (Baroda), Gujarat India.