Terms & Conditions
These Terms and Conditions form a binding agreement between you and TabaTalk governing use of the Services.
Please read carefully. By clicking to accept, or by using the TabaTalk Platform and Services, you confirm that you agree to these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Platform or Services.
1. Definitions
- Account means an account required to access or use specific functionality of the Platform or Services.
- Billing Period means the calendar month, unless otherwise stated in an order or master agreement.
- Calling Line Identity (CLI) means the caller identification associated with a call.
- Customer, you, or your means the organization or person that accepts these Terms and uses the Services.
- DID Number means a direct inward dial number from a country numbering plan that is not tied to a physical line or SIM.
- Government Data Request means a lawful request from a competent authority.
- Legal Processing Fees means fees that may be charged for processing Government Data Requests, chargebacks, fines, or penalties connected to use of the Services.
- License Fee means the monthly fee per user license for access to the Platform.
- License Plan means the set of user licenses and pricing selected by the Customer.
- Platform means the cloud software, websites, and related interfaces provided by TabaTalk.
- Services means the products and services provided by TabaTalk through the Platform, including contact center features, voice and messaging capabilities, analytics, integrations, and related tools.
- Short Duration Call means a call of six seconds or less.
- Surcharge means any additional fee, charge, or tax payable due to breach of telecom rules or these Terms.
- User means any individual who accesses the Services using Customer’s Account.
- User Owned Data means any data, content, or messages that a User transmits, processes, or stores using the Services.
2. Services
2.1 TabaTalk provides a cloud contact center solution that may include dashboards, routing and IVR, omnichannel messaging, inbound and outbound calls, DID numbers, analytics, integrations, and related features. Product-specific terms or technical requirements may be set out in service descriptions, an order form, or a master service agreement (MSA).
2.2 To enroll, Customer must submit the required details and accept these Terms. TabaTalk may decline an application after compliance checks or for other reasonable grounds.
3. Fees and Charges
3.1 Customer agrees to pay:
- a) License Fees for user access to the Platform. The total License Fee is based on Customer’s License Plan and number of active Users in a Billing Period. A minimum license quantity may apply as stated in the order.
- b) Service Fees for specific products or usage, including but not limited to call charges, number activation and monthly number fees, and other usage-based items.
- c) Legal Processing Fees and Surcharges when applicable under these Terms.
3.2 License Fees and Service Fees are billed for each Billing Period. Surcharges and Legal Processing Fees are billed when incurred.
3.3 Rates take effect when the Account is provisioned. TabaTalk may update rates on reasonable notice and will apply new rates prospectively. Continued use after the notice period constitutes acceptance.
4. Billing and Payment
4.1 The default Billing Period is the calendar month. If Services start mid-month, the first Billing Period runs from the start date to month end.
4.2 Services are prepaid unless otherwise agreed in an MSA or order.
4.3 Customer must fund the Account to begin use. At month end TabaTalk reconciles usage and issues an invoice where applicable.
4.4 Billing currency is as stated in the order or invoice. If post-payment terms are approved, invoices are due within the period stated on the invoice.
4.5 Customer is responsible for bank fees, currency charges, and any withholding or deduction so that TabaTalk receives the net amount invoiced.
5. DID Numbers
5.1 Each DID Number must be kept active for at least six months. Early cancellation may incur the remaining monthly number fees for the minimum term.
5.2 Local regulations or carrier rules may require Customer to submit identification documents, a local address, or other information. TabaTalk will advise requirements at order time.
5.3 DID Numbers are provided on a lease basis and remain the property of the supplier. TabaTalk may retrieve or reassign numbers when legally or commercially necessary.
5.4 Customer must not connect a DID Number to third-party SIP trunks unless TabaTalk has approved BYOC for that configuration.
6. Customer Undertakings
Customer agrees to:
- use the Services only as permitted by these Terms and applicable law and guidelines,
- maintain sufficient balance and pay invoices on time,
- restrict Account access to authorized personnel and keep credentials secure,
- provide accurate information needed to deliver the Services,
- avoid fraud, unlawful content, unsolicited traffic, and misuse,
- avoid spoofing or manipulation of CLI,
- follow reasonable traffic quality requirements, including acceptable levels of abandoned and Short Duration Calls, as communicated by TabaTalk.
7. Account Security
7.1 Customer is responsible for all activity on the Account, authorized or unauthorized, and for protecting credentials. Customer may be liable for losses incurred by TabaTalk or others due to misuse of the Account.
7.2 Customer must notify TabaTalk promptly of any unauthorized access or security breach.
7.3 Breach of these Terms may result in suspension or termination and related fees, charges, or damages.
8. Surcharges
8.1 In addition to License and Service Fees, TabaTalk may charge Surcharges if Customer breaches these Terms or telecom rules, including for:
- CLI spoofing or manipulation,
- abandoned call rates or Short Duration Call rates that exceed acceptable thresholds,
- carrier pass-through fees or penalties attributable to Customer traffic.
8.2 TabaTalk may charge a fixed amount per Short Duration Call or a reasonable amount to cover costs and penalties imposed on TabaTalk.
8.3 Payment of a Surcharge does not limit other remedies, including suspension.
9. Taxes
9.1 Prices are exclusive of taxes, levies, duties, and similar charges. Customer is responsible for all applicable taxes and will gross up payments so TabaTalk receives the invoiced amount in full.
10. Emergency Calling
10.1 The Services are not a replacement for traditional telephone or emergency services. Customer is responsible for providing access to emergency calling through alternative means.
11. Compliance and Government Requests
11.1 Customer will use the Services in compliance with applicable laws and will cooperate with TabaTalk to process any Government Data Request related to Customer use.
11.2 TabaTalk may charge Legal Processing Fees to cover reasonable costs of handling such requests.
12. Warranties
12.1 Each party represents that it has authority to enter into and perform under these Terms.
12.2 TabaTalk warrants it has the right to provide the Services.
12.3 Except as stated, the Services are provided on an “as is” and “as available” basis. TabaTalk does not warrant uninterrupted or error-free operation or fitness for a particular purpose.
13. Indemnification
Customer agrees to defend, indemnify, and hold harmless TabaTalk and its affiliates from third-party claims, penalties, and costs arising from Customer use of the Services, violation of law, unauthorized access to the Platform, or connection of the Services to third-party networks in a manner that causes loss or penalties.
14. Limitation of Liability
14.1 Neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or business, even if advised of the possibility.
14.2 The total aggregate liability of each party is capped at the total License Fees and Service Fees paid by Customer in the three months preceding the event giving rise to liability.
14.3 The above limits do not apply to unpaid fees, Customer breaches of Section 6, Customer indemnity obligations, or liability that cannot be limited by law.
15. Suspension
- TabaTalk may suspend or block the Account if:
- balances are insufficient or invoices are overdue,
- there is a material breach not cured within five days of notice,
- TabaTalk suspects fraud, abuse, or security risk,
- required by law or a Government Data Request.
TabaTalk is not liable for any results of suspension carried out under this section.
16. Refunds
If Customer stops using the Services, Customer may request a refund of any positive prepaid balance, net of fees and charges accrued up to the end of the last full Billing Period. Refund timing is subject to payment method and reconciliation.
17. Intellectual Property
17.1 All content, code, interfaces, and materials in the Platform are owned by or licensed to TabaTalk and are protected by law.
17.2 Subject to payment of fees, TabaTalk grants Customer a limited, non-exclusive, revocable, non-transferable right to use the Platform during the term.
17.3 Customer must not copy, modify, resell, redistribute, decompile, reverse engineer, or create derivative works of the Platform, except as permitted by law.
17.4 Customer is responsible for its own equipment and any required firmware or licenses when using third-party devices.
18. Personal Data
Use of personal data is described in the TabaTalk Privacy Policy available at www.tabatalk.com/privacy-policy/. By using the Services, Customer agrees to that policy.
19. Cookies
Use of cookies is described in the TabaTalk Cookie Policy available at www.tabatalk.com/cookie-policy/.
20. Technical Support
TabaTalk provides support in line with its support model or any agreed service levels set out in an MSA or order.
21. Governing Law and Dispute Resolution
Choose one option below and have legal confirm based on your corporate setup:
Option A: Onshore UAE
These Terms are governed by the laws of the United Arab Emirates. The courts of Dubai have exclusive jurisdiction.
Option B: DIFC
These Terms are governed by the laws of the Dubai International Financial Centre. Any dispute is subject to the exclusive jurisdiction of the DIFC Courts.
Option C: Arbitration
These Terms are governed by the laws stated in the order or MSA. Any dispute will be finally resolved by arbitration seated in Dubai under the DIAC Rules. The language is English. The tribunal will consist of one arbitrator unless the parties agree otherwise.
22. Confidentiality
Each party may receive confidential information from the other. The receiving party will protect it using reasonable safeguards and will not disclose it except to personnel and advisors who need to know and are bound by confidentiality, or as required by law. These obligations survive for three years after the end of the agreement. Information is not confidential if it is public, already known without duty, received lawfully from a third party, or independently developed.
23. Severability
If any provision is found invalid, the remainder stays in effect. The invalid term will be interpreted to best reflect the original intent within the limits of law.
24. Entire Agreement and Order of Precedence
These Terms, any order forms, service descriptions, and any MSA form the entire agreement between TabaTalk and Customer. If there is a conflict, the order of precedence is: MSA, order form, service description, then these Terms.
25. Changes to the Terms
TabaTalk may update these Terms from time to time. If changes are material, TabaTalk will provide reasonable notice. Continued use after the effective date constitutes acceptance of the updated Terms.