(current edition as on April 17, 2024)
These Rules for provision Voice Bot services of BSG (hereinafter referred to as the “Rules”) regulate the procedure for providing services under the BSG brand which includes and covers the following companies: BSG ESTONIA OÜ, registered and operating under the laws of the Republic of Estonia, registration number: 12974765, with the registered address at Pae 25-47, Tallinn, Republic of Estonia, 11414, and its associated persons or entities as per determined in p.10.4. herein (hereinafter all together referred to as the “Company”)to an unlimited number of persons, as well as the procedure for concluding a contract between the Client and the Company (hereinafter collectively referred to as the “Parties”).
1. Terms and definitions.
1.1. Client means an individual or legal entity that is provided with Services. A Client can be any person, regardless of their location, registration, citizenship, etc., including citizens of Ukraine.
1.2. Contract means a contract concluded in accordance with the terms of the Rules outside the premises of the Company, under which the Company provides and the Client receives the Services. The receipt of Services by the Client under the Contract, as well as other conditions regarding the Services, are established by these Rules.
1.3. Scenario means a script prepared by the Client with questions and answers for the Voice Bot, which is the result of the provision of Services.
1.4. User means a person with whom one of the electronic communications providers has entered into a contract for the provision of electronic communications services and who pays for such services. A User is also a person who:
- has given the Client permission to collect and process personal data and/or record conversations during the Client's communication with the User, including through the Voice Bot;
- interacts with the Voice Bot during Outgoing Calls;
- interacts with the Client in any other way.
1.5. Website means the Company's website: https://bsg.world.
1.6. Service means services related to the implementation and configuration of the Voice Bot and the provision of other ancillary services by the Company.
1.7. Outgoing Call means a set of actions aimed at automatically calling a User using the Voice Bot.
1.8. Voice Bot means a set of software designed to make automatic calls for the purpose of conducting a dialogue, providing technical support, answering questions, and offering the Client's services to Users.
1.9. Spam-Outgoing Call means any outgoing call made using the Voice Bot, which the User has not previously consented to receive from the Client, regardless of its content, meeting at least one of the following criteria:
• the Voice Bot conveys the same information to the User and is mass in nature, i.e., the Outgoing Call is made to more than 5 (five) Users without their prior consent.
• the Outgoing Call made using the Voice Bot to the same User with the same or different intent (purpose) more than 5 (five) times in one day.
• Outgoing calls that have led to complaints by the User or caused technical difficulties in the operation of the Company's gateway or the electronic communications network of the provider.
• the Voice Bot does not provide accurate information about the full name of the Client and/or Client's Customer Services Phone Number during the Outgoing Call.
• the further User's receipt of Outgoing Calls cannot be stopped by informing the Client.
• the information conveyed by the Voice Bot during the Outgoing Call has not been previously agreed with the Company, if such agreement is mandatory according to the Rules.
1.10. Customer Service Phone Number means the telephone number of the Client's functional unit or a third party engaged by the Client on a contractual basis, which provides service support to Users, including: consultation, acceptance of complaints, consent to, or prohibition of receiving Outgoing Calls from the Client, and other services.
2. Procedure for conclusion and termination of the Contract.
2.1. The Contract, according to the Rules, is considered concluded if the Parties have reached all agreements during correspondence via email without signing a written Contract. Confirmation of the conclusion of the Contract is also the Client's 100% prepayment according to the issued invoice. The date of receipt of funds by the Company is considered the date of payment for services.
2.2. If the Client incurs any debt for some reason, the Company has the right to suspend the provision of Services and demand the Client to settle the debt within 10 (ten) calendar days from the date of receiving the relevant invoice by the Client. If such an invoice is not paid within the specified period, the Company has the right to suspend or completely stop providing Services, refuse the Rules, and terminate the Contract.
2.3. The Client's visit to the Website and any action thereon confirms that the Client has read and agreed to these Rules, meaning that they unconditionally accept the terms of these Rules, as well as the Privacy and Confidentiality Policy. To avoid misinterpretation of the Privacy and Confidentiality Policy, the “Client” understands and agrees that they are a “User” according to the aforementioned policy.
2.4. If the Client disagrees with these Rules or the Privacy and Confidentiality Policy, they are not entitled to enter into the Contract, nor can they use the Services.
2.5. By visiting the Website and/or entering into the Contract, the Client confirms that they have reached the age of majority, are competent and legally capable according to the legislation of their state and the Republic of Estonia, and undertakes not to allow minors, incapacitated or limited-capacity individuals to use the Services, bearing personal responsibility for allowing such individuals to use the Service.
2.6. The Company has the right to terminate the Contract with the User, refuse to provide Services and these Rules in the following cases:
2.6.1. violation by the Client of clauses 3.3.1.-3.3.10. and section 5 of the Rules;
2.6.2. in case of existing debt of the Client to the Company;
2.6.3. in other cases, provided by the Rules.
2.7. In the case provided by clause 2.6 of the Rules, the notification of termination of the Contract, refusal to provide Services and these Rules comes into effect from the moment of sending the notification (or at another time indicated in such a notification) to the email address used by the Client during the conclusion of the Contract or at another moment according to the Rules. The Company has the right to refuse in the future to enter into the Contract and provide Services if clause 2.6 of the Rules is implemented by the Company due to the Client's violation of clauses 3.3.1.-3.3.10. and/or section 5 of the Rules, and/or due to existing debt.
2.8. In cases provided by clause 10.1. of the Rules (disagreement of the Client with the new edition of the Rules), the Contract is considered terminated, and the Client must stop using the Services on the 30th calendar day from the moment the Company sends the Client a notification about the changes to the Rules to their email address used for communication with the Company.
2.9. The Client and the Company have the right at any time to unilaterally terminate the Contract and refuse the Rules in the manner determined by the relevant provisions of the Rules.
2.10. Termination of the Contract means that Services are not provided to the Client, and the Company has no obligations to the Client. In case of termination of the Contract, the Company bears no responsibility for data lost by the Client due to such termination.
3. Rights and duties.
3.1. The Company is obligated to:
3.1.1. to provide Services to the Client in accordance with the procedures defined by the Rules and the Contract.
3.1.2. to begin providing Services upon the receipt of funds for Services on the Company's current account.
3.1.3. to ensure round-the-clock, daily provision of Services, provided that the Client pays for the Services, except in cases of force majeure which the Company could not foresee and/or prevent.
3.1.4. to provide Services in accordance with the laws of the various countries where the Voice Bot is used for Outgoing Calls, as well as in accordance with international law.
3.1.5. to maintain the confidentiality of information received from the Client.
3.1.6. to keep a record of the Client's consumption of Services.
3.1.7. to preserve the results of the Services provided to the Client for 3 (three) calendar months from the moment of the Client's last payment for the Services.
3.1.8. to provide analytics of the Service results to the Client upon request in Excel or PDF format.
3.2. The Company has the right to:
3.2.1. refuse to provide Services if the Client refuses to pay for them.
3.2.2. make changes at any time to the terms of the Rules in accordance with these Rules.
3.2.3. terminate the provision of Services, refuse the Rules, and terminate the Contract in case of violation by the Client of clauses 3.3.1. – 3.3.10. and section 5 of the Rules.
3.2.4. inform about various events, promotions, and news of the Company using the email address or through instant messaging software services previously provided by the Client.
3.2.5. at any time, request the Client to provide confirming documents for making Outgoing Calls using the Voice Bot (surveys of Users with consent to receive Outgoing Calls, certificates for advertised products/services, etc.).
3.2.6. to keep a record of telephone conversations with Users for the purpose of monitoring the quality and the performance of duties. Data processing for this purpose is carried out on the basis of the User's voluntary consent, which is given by continuing the telephone conversation after a warning about the recording of the conversation.
3.3. The Client is obligated to:
3.3.1. pay for the Services according to the invoices issued by the Company, and provide all necessary information, documents, data, etc., required for the provision of Services. If the Client fails to provide such data, the Company has the right to suspend the provision of Services.
3.3.2. keep documents that confirm the payment made for the Services.
3.3.3. not make Spam-Outgoing Calls within the framework of providing Services.
3.3.4. not configure the Voice Bot in a way that it impersonates a representative of any legal entity (electronic communications provider, banking, insurance structures, government institutions, etc.) to which the Client has no relation and has not received appropriate consent.
3.3.5. strictly adhere to the rules mentioned in section 5 of the Rules, and not to transfer the results of the Services to third parties.
3.3.6. obtain explicit consent from the User for receiving Outgoing Calls, in a form that can be presented to the telecom provider as unequivocal proof of the User’s voluntary receipt of Outgoing Calls, and/or not use the Voice Bot for making advertising Outgoing Calls without prior consent of the Users. Additionally, the Client is prohibited from using the Voice Bot to mislead Users about the nature and content of Outgoing Calls. If a conversation is recorded during an Outgoing Call using the Voice Bot, the Client must obtain clear consent from the User for such recording, including the transfer of such a recording to third parties.
3.3.7. not use the Voice Bot for advertising electronic communications services or for disseminating information that encourages the use of electronic communications services of other providers, or contains advertising, or information that encourages cooperation with other legal entities, other than the Company, in providing Services.
3.3.8. within 2 (two) working days from the receipt of a relevant request from the Company, provide for approval the text spoken by the Voice Bot and/or audio materials included in the Voice Bot, for the purpose of analyzing its form and theme for compliance with current legislation and the provisions of the Rules. If, in the opinion of the Company, the content or theme of the Voice Bot contradicts legislative requirements, the provisions of the Rules, or the Client refuses to provide the Company with the text for the Voice Bot and/or audio materials included in the Voice Bot for approval, the Company has the right to refuse to provide Services, and this shall not be considered a breach of the Contract or the Rules.
3.3.9. within 2 (two) working days from the receipt of a relevant request from the Company, provide written confirmation of Users' consent to receive Outgoing Calls, as well as confirmation of the collection and processing of Users' personal data.
3.3.10. obtain prior written approval from the Company for the content of the Voicebot and/or audio or materials included therein, as well as the method and mechanism of their transmission in the event that such Voice bots contain or exhibit signs including, but not limited to:
- providing information (including advertising) about alcoholic and/or tobacco products;
- providing information (including advertising) about medical services and/or medical drugs;
- providing information (including advertising) about food supplements;
- providing information (including advertising) about non-governmental organizations;
- providing information (including advertising) about political parties or political campaigning;
- providing information (including advertising) that relates directly or indirectly to minors;
- the Voice Bot impersonating a physical or legal entity during an Outgoing Call to which the Client has no relation.
3.4. The Client has the right to:
3.4.1. receive Services from the Company in accordance with the terms of the Rules.
3.4.2. demand from the Company the provision of Services in accordance with the terms of the Rules.
3.4.3. other rights arising from the terms of the Rules.
4. Cost of Service and payment procedure.
4.1. Payment for the Services in accordance with the Rules and the Contract is made through a cashless transfer of funds to the Company's current account based on invoices within 10 (ten) calendar days from the moment the Client receives the invoice. Such an invoice can be sent to the email address used by the Client for communication with the Company. The Client is responsible for the accuracy of the payments made for the Services to the Company. If the Client does not make the payment according to the issued invoice, the Company has the right to suspend or refuse to provide the Services.
4.2. In case the Client disagrees with the new edition of the Rules according to cluse 10.1. of the Rules or in the event of termination of the Contract and cessation of receipt of Services, the Client must, no later than 10 (ten) working days from the occurrence of the relevant circumstances, apply to the Company with a request to refund the money for unused (not provided) Services, and the Company within 10 (ten) working days refunds the money to the Client to the details specified in such a notification. The refund of unused funds is possible exclusively to the legal entity or individual who made the payment according to the issued invoice and in the absence of debt to the Company. The refund to the Client is made in the same currency in which the Client paid the Company.
4.3. The Client understands and agrees that a refund for the Services already actually provided is not possible.
4.4. The total cost of the Services consists of the amount of Services actually provided to the Client, as reflected in the invoices.
4.5. The cost of connecting and setting up the Voice bot for the Client is 500.00 (five hundred) euros.
4.6. With the consent of the Parties, the Services may be provided to the Client on the terms of the Minimum Monthly Payment, the cost of which is 400.00 (four hundred) euros per month. Connecting and setting up the Voicebot in this case is free of charge.
4.7. If the Client has not utilized the established amount of the Monthly Payment for the corresponding monthly period, the amount specified in clause 4.6 of the Rules will be debited and will not be transferred to subsequent periods.
4.8. Call charging is per second or per minute, depending on the country in which the Services are provided to the Client.
5. Procedure for the provision of Services.
5.1. The condition for the commencement of Services is the conclusion of a Contract between the Client and the Company in accordance with clause 2.1 of the Rules, and the Client's payment for the Services as per the issued invoice.
5.2. After meeting the conditions defined in clause 5.1 of the Contract, the Client is obliged to provide the Company with the Scenario within 10 (ten) calendar days. If the Scenario meets the conditions of the Rules and the agreements of the Parties, the Company will configure and create the Voice Bot and/or provide other accompanying services within 3 (three) months.
5.3. The Client understands and agrees that they are obliged to provide all necessary information and materials required for the creation and configuration of the Voice Bot and/or the provision of other accompanying services.
5.4. The Client may only use the Voice Bot for Outgoing Calls to those Users from whom they have obtained the appropriate consent.
5.5. Using information for configuring the Voice Bot is prohibited, which includes but is not limited to:
- propaganda of war, national and religious hostility, change of constitutional order or territorial integrity of countries;
- promotion of fascism or neo-fascism;
- degradation or insult of a nation/race or individuals based on national/racial characteristics;
- propagation of disrespect towards national and religious sanctities;
- degradation of individuals, manifesting mockery due to physical disabilities, mental illness, elderly people;
- promotion of ignorance and/or disrespect towards parents;
- promotion of drug addiction, toxicomania, alcoholism, smoking, and other harmful habits;
- sexual or erotic content;
- profanity (obscene language);
- contains trademarks, telephone numbers, or names which the Client cannot confirm the right to use, etc.;
- represent a random set of sounds, the combination of which is insufficient for identifying the Client.
5.6. For the Client's use of trademarks (their individual parts) and/or company names (including trademarks and/or company names of third parties) and/or proprietary names in Voice Bots, the Company reserves the right to demand from the Client documents confirming the Client's legal grounds for using such trademarks (their individual parts) and/or company names and/or proprietary names.
5.7. The confirmation of the User's consent to receive Outgoing Calls from the Client is the consent provided by the User to the Client in the manner and form determined by the current legislation.
6. Confidentiality.
6.1. Any information and data obtained in connection with the provision of Services are strictly confidential and must not be disclosed or transferred to third parties, except in cases where disclosure to competent authorities is mandatory according to law.
6.2. By entering into the Contract and agreeing to these Rules, the Client automatically agrees to the terms of the Privacy and Confidentiality Policy.
6.3. The Client is not permitted to disclose any personal data of the Users and information obtained by the Voice Bot during Outgoing Calls to third parties, except in cases provided by law. In the event of any claims being made against the Company, the Client must reimburse all costs and damages incurred by the Company in connection with such claims.
7. Liability of Parties.
7.1. The Parties are liable in accordance with these Rules and the legislation of the Republic of Estonia.
7.2. In case of non-fulfillment of the obligations under the Contract and the Rules by either party, the guilty party is obliged to compensate the injured party for direct, documentarily confirmed damages.
7.3. The Client is solely responsible for the contact base, content of the Voice Bot, as well as for any third-party claims against the Company regarding the content of the Voice Bot and/or Outgoing Calls.
7.4. The Company is not liable for damages and other consequences that arise in connection with the use or inability to use the Services by the Client.
7.5. The Client is responsible for all consequences and damages incurred by the Company and/or third parties due to non-compliance with the law and/or provisions of these Rules. The Client is obliged to independently settle all claims and lawsuits of the Company and third parties and compensate them for damages in full.
7.6. It is not the Company's responsibility to control the legality or illegality of information transmitted by the Voice Bot through Outgoing Calls, determine the rights of ownership and legality of transmission, receipt, or use of the transmitted information.
7.7. The Company is not responsible for violations by the Client of the Rules, legislation, or for any harm caused by the Client to third parties.
7.8. The Client is solely responsible for processing and storing the personal data of Users in the process of communication with them using the Voice Bot during Outgoing Calls.
7.9. The Company is relieved of liability for complete or partial non-fulfillment of obligations under these Rules and the Contract if such non-fulfillment is a result of force majeure (act of God).
7.10. The Client is responsible for providing all information and data that were provided for the provision of Services.
7.11. Unless otherwise provided by law or the Rules, the Company is not liable to the Client for any direct or associated damages due to failure, deterioration, or interruption of service of its or any other network or connection involved in providing the Services.
7.12. The Company is not liable to the Client, whether under the Contract concluded by the latter or without such, including for lost profits, loss of revenue, data, business reputation, etc.
7.13. The Company is not responsible and does not guarantee for the recognition of language (voice) in the respective country where the Voice Bot will be used.
7.14. In any case, the Client is responsible for the content (information) contained in the Voice Bot. The Client is also responsible for the information conveyed by the Voice Bot to Users in the process of communication during the Outgoing Call.
7.15. All complaints or claims related to the Voice Bot are independently addressed by the Client, who also independently covers the damages.
7.16. Notwithstanding the above, any fines, penalties or other sanctions imposed on the Сompany by legislative bodies, regulatory bodies, operators/providers, or partners caused by actions attributable to the Client shall be сharged personally from the Client, and the Clienthereby agrees to bear sole responsibility per each of such violation in full.
8. Force Majeure.
8.1. The Parties are released from liability for the complete or partial non-fulfillment of any of their obligations under the Contract and the Rules if such non-fulfillment is a result of force majeure circumstances that arose during the operation of the Contract and Rules, such as: flood, fire, earthquake, and other natural disasters, as well as war and military actions, strikes, embargoes that make it impossible to fulfill the Contract and the Rules.
8.2. The Party for whom the performance of obligations under the Contract and Rules becomes impossible due to the occurrence of force majeure circumstances is obliged to notify the other Party in writing about the commencement of such circumstances and, if possible, the anticipated end date of them no later than 14 (fourteen) calendar days from the start of such circumstances. The circumstances mentioned in this notification must be confirmed by an official document from the authorized body of the respective country. If the relevant notification and its confirmation are not sent, the Party loses the right to refer to any of the mentioned circumstances for non-fulfillment of obligations under the Contract and the Rules.
8.3. The occurrence of force majeure circumstances is not a reason for the Client to refuse payment for the Services that were provided by the Company before the occurrence of such circumstances.
9. Dispute Resolution.
9.1. All disputes or discrepancies arising from or in connection with Contract or Rules shall be resolved through negotiations between the Parties.
9.2. If the Parties cannot reach an agreement, such disputes shall be resolved in accordance with the legislation of the Republic of Estonia at the place of registration (location) of the Company.
9.3. The Client may also seek to protect their rights by contacting the Consumer Protection and Technical Regulatory Authority of the Republic of Estonia:
- address: Endla 10A, 10122, Tallinn;
- phone: +372 667 2000 or +372 620 1707;
- email: info@ttja.ee
10. Final Provisions.
10.1. The Company has the right to unilaterally make changes to the Rules in the form of publishing a new edition of the Rules at the following link: _______________. The current edition of the Rules is always available at the following link: _______________. The Client cannot unilaterally make changes to the Rules and/or the Contract.
10.2. Neither the Rules nor the Contract allows the Client to use the Company's trademarks, service marks, trade names, or any other intellectual property in any way for any purpose without the Company's consent.
10.3. All notices, agreements, and permissions, as well as other communications that may take place between the Parties in the course of fulfilling obligations under the Rules and the Contract, can be transmitted via email.
10.4. The Client cannot transfer their rights and obligations under the Contract and the Rules to third parties without the consent of the Company. The Client agrees that the Services on behalf of the Company may be provided by its authorized representatives and other persons associated with it, including BSG USA LLC, registered and operating under the laws of USA, registration number: 203684344, address: 16192, Coastal Highway Lewes, Delaware 19958, County of Sussex, USA, and BSG Hong Kong Limited, registered and operating under the laws of Hong Kong SAR, registration number: 2202606, address: N5.17/F. Bonham Trade Centre 50, Bonham Strand, Sheung Wan, Hong Kong.. Also, the Client consents that payments for the Services on behalf of the Company may be accepted by third parties authorized by the Company, including BSG USA LLC (registration number: 203684344, address: 16192, Coastal Highway Lewes, Delaware 19958, County of Sussex, USA) and BSG Hong Kong Limited (registration number: 2202606, address: N5.17/F. Bonham Trade Centre 50, Bonham Strand, Sheung Wan, Hong Kong).. At the same time, the Company remains the sole responsible party for providing the Services. Neither the Rules nor the Contract allows the Сlient to use the Company’s trademarks, service marks, trademarks, or any other intellectual property for any purposes without the Company’s consent.
10.5. The Client can contact the Company using the following contact details:
Operator's phone (24/7 User support): +372 66 01 710
Email: support@bsg.world
Skype: support.bsg
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