SWIFTDESK – PARTNER AGREEMENT
Effective Date: 5th Feb, 2025
This Partner Agreement ("Agreement") is entered into between SwiftDesk ("Company"), a registered business entity, and the Partner ("Client"), who wishes to use the services of SwiftDesk ("Product").
SwiftDesk is a cloud-based, self-serve outbound calling solution owned and operated by SwiftDesk .
1. DEFINITIONS
- 1.1 "SwiftDesk " refers to the legal entity operating SwiftDesk.
- 1.2 "SwiftDesk" refers to the cloud-based outbound calling platform provided by SwiftDesk.
- 1.3 "Partner" refers to any business or individual using Hunt Dial’s services for outbound calling and lead management.
- 1.4 "DND" refers to Do Not Disturb regulations as per TRAI guidelines in India.
- 1.5 "Services" refers to the automated call center solutions provided via SwiftDesk.
2. COMPLIANCE WITH INDIAN TELECOMMUNICATION REGULATIONS
- 2.1 The Partner must ensure that all lead data provided complies with TRAI, TCPA, and GDPR where applicable.
- 2.2 The Partner indemnifies SwiftDesk against any legal action or penalties due to violations of telemarketing laws.
- 2.3 Partner is solely responsible for ensuring calls do not violate DND regulations.
3. DATA PRIVACY & SECURITY
- 3.1 SwiftDesk will not share, resell, or use any lead data for third-party marketing purposes.
- 3.2 All call recordings will be stored for a limited period (30-90 days) and automatically deleted.
- 3.3 Partner is responsible for securing account credentials and API keys to prevent unauthorized access.
4. PARTNER AUTHORIZATION
- 4.1 The Partner authorizes SwiftDesk to make outbound calls using SwiftDesk on their behalf.
- 4.2 Partner confirms they have obtained consent from all leads before uploading data to the system.
5. PAYMENT & REFUND POLICY
- 5.1 SwiftDesk operates on a prepaid model. No refunds are provided for used credits.
- 5.2 Disputes regarding billing must be raised within 7 days of the transaction.
- 5.3 Subscription renews automatically unless canceled at least 7 days before renewal.
6. USAGE RESTRICTIONS & ACCOUNT TERMINATION
- 6.1 Partner agrees not to use SwiftDesk for:
- Fraudulent activities, spam, or bulk robocalls.
- Political campaigns (unless legally authorized).
- Misleading or unethical sales tactics.
- 6.2 SwiftDesk reserves the right to suspend accounts involved in excessive customer complaints or legal violations.
- 6.3 SwiftDesk reserves the right to terminate access in case of non-compliance with regulations.
7. INDEMNIFICATION & LIABILITY LIMITATION
- 7.1 Partner agrees to indemnify and hold harmless SwiftDesk from any legal claims, damages, or penalties due to misuse of services.
- 7.2 SwiftDesk is not liable for any loss of business, revenue, or reputation due to the use of its services.
- 7.3 SwiftDesk is not responsible for third-party legal claims against Partner due to non-compliance with applicable laws.
8. GOVERNING LAW & DISPUTE RESOLUTION
- 8.1 This Agreement is governed by the laws of India. Any disputes will be resolved through arbitration under the Arbitration and Conciliation Act, 1996.
- 8.2 Arbitration will take place in Mumbai, India, with one arbitrator mutually agreed upon by both parties.
- 8.3 Any unresolved disputes shall be settled in the courts of Mumbai, India.
9. MISCELLANEOUS
- 9.1 This Agreement constitutes the entire understanding between SwiftDesk and the Partner.
- 9.2 Any amendments must be made in writing and mutually agreed upon.