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Conferencing Terms & Conditions – Leader in Web Conferencing Services
NOTICE - PLEASE READ CAREFULLY: YOUR USE OF A+
CONFERENCING SERVICES IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE
OF THIS AGREEMENT.
Agreement (the "Agreement") is between A+ Conferencing, LP (
A+) and "you" the individual or legal entity purchasing or
opening an account for Services under this Agreement
("Customer"); or as the case may be, the individual accessing
or using the Services. By purchasing, accessing, installing or otherwise
using the Services, you agree to be bound by this Agreement. Please
retain a copy of this Agreement for your records. If you do not agree
with the terms and conditions of this Agreement, do not use the Services.
Description of Service:
Terms and Conditions govern the purchase and use of audio, video and web-based
conferencing services. By ordering or using the Services, you agree to be
bound by these Terms and Conditions. A+ has the right to alter, expand or
reduce the features of the Services at its discretion. You shall provide
all user information necessary to enable A+ the ability to create user
profiles for each user you grant access to the Services. A+ reserves the
right to reclaim any dial-in numbers (“Dial-In Numbers”) granted for
Services if such Dial-In Numbers are not utilized for 180 days. The term
“utilized” is defined as no usage on a specific number/service and no
upcoming reservations scheduled for specific number/service.
agrees to provide the Customer with the service based on the terms of
will use reasonable efforts to provide the Service at the date and time
agreed to with the Customer. However, dates and times are estimates and
A+ has no liability for failure to meet any date or time.
may, for operational reasons, change the codes or numbers utilized by A+
to provide the Service or vary the technical specifications of the
Service, provided any change to the technical specification does not
materially affect the performance of the Service.
may temporarily suspend the Service for operational reasons such as
maintenance, betterment or emergency.
Customer is responsible for maintaining the confidentiality and proper
use of their account, conference codes, passwords and personal
identification numbers used in conjunction with the Service.
Customer shall immediately inform A+ if there is any reason to suspect
any of the information contained in section 1 has been compromised or is
likely to be compromised and will be utilized by an unauthorized
Customer shall not change or attempt to change any of the information
contained in section 1. If the Customer forgets or loses any information
contained in section 1, they are to contact A+ and satisfy such security
checks as A+ may operate in order to reacquire said information.
reserves the right to suspend access to the Service if at any time A+
determines there is or is likely to be a breach of security. A+ also
reserves the right to require the Customer to change some or all of their
access codes in connection with the Service
Customer is to immediately inform A+ of any changes to the information
provided by the Customer when registering for the Service.
Use of Service:
is the Customer’s responsibility to obtain and keep in force any license
necessary for the Customer to use the Service in any country it is
Customer may only utilize the Service for conferences or meetings in
which the Customer is an active participant.
Service is provided for the Customer’s own use and the Customer may not
resell, attempt to resell or otherwise generate income from the Service
unless prior written approval is granted by A+.
Service may not be used:
violation of any legislation or license applicable to the Customer or
that is any way fraudulent or unlawful
send, knowingly receive, download, upload, use or re-use any material or
information that is abusive, defamatory, in breach of confidence, obscene
or menacing, in breach of copyright or privacy or any other rights
damage A+’s property, interfere with or disrupt A+’s system or other
acknowledges and agrees A+ does not control the control or monitor the
content nor guarantee the accuracy, integrity, security or quality of
or taping of the Service may subject you to laws or regulations and the
Customer is solely responsible for and obligated to provide any required
notification to participants prior to the commencement of said
Customer is responsible for the acts and omissions of all users in
connection with the Service and is liable for any failure by any user to
perform or observe the Terms and Conditions of this Agreement.
Charges and Invoicing: There are variations in the
Charging and Invoicing offered by A+. Please refer to the specific
Service Agreement’s Terms and Conditions for the manner in which these
items are addressed. All invoices are due payable upon receipt.
If payment is not received the account could be subject to a late
payment fee. Please note
that per minute conferencing for each connection is rounded to the next
full minute on the billing invoice.
Taxes, Fees and Surcharges: In addition to the rates for the Service,
Customer shall pay all applicable fees, duties, tolls, surcharges or
governmental taxes now or in the future that are attributable to the
Service and included on the Customer’s invoice and any reasonable expense
incurred by A+ relating to such charges.
party may terminate this Agreement if the other party commits a material
breach of its obligations in relation to the Service, if the material
breach is not cured within thirty (30) days of receipt of notice of such
breach from the non-breaching party.
party may terminate this Agreement If either party commits a material
breach in relation to the service and the material breach cannot be
party may terminate this agreement for any reason with seven (7) days
advance notification in writing.
Assignment: The Customer may not assign all or part of this
Agreement to another party without the prior written consent of A+. This
consent shall not be unreasonably withheld.
Limited Warranty: ALL SERVICES PROVIDED BY A+ ARE "AS IS",
"WITH ALL FAULTS" AND WITHOUT ANY WARRANTY. CUSTOMER
UNDERSTANDS AND AGREES THAT A+ SERVICE AND WEB SITE ARE PROVIDED “AS IS”
AND “AS AVAILABLE”. A+ AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. A+ MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY
INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH A+’S SERVICES
OR WEBSITES OR THAT A+’S SERVICES WILL MEET ANY OF THE CUSTOMER’S
REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.THE USE OF
A+’S SERVICES AND WEBSITES IS AT THE CUSTOMER’S SOLE RISK. A+ IS NOT
LIABLE FOR THE ACTS OR OMISSIONS OF OTHER SERVICE PROVIDERS, FOR ANY
INFORMATION OR CONTENT OF COMMUNICATIONS, THIRD PARTY SERVICES, EQUIPMENT
FAILURE OR CAUSES BEYOND A+’S REASONABLE CONTROL.
Limitation of Liability: A+ OR ITS SUPPLIERS WILL NOT BE LIABLE TO THE
CUSTOMER FOR LOST REVENUES, LOST PROFIT, LOST DATA, OTHER SPECIAL
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGE OR FOR LOSS, DAMAGE OR
EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE CUSTOMER’S OR ANY OTHER PARTY’S
USE OF OR INABILITY TO USE EQUIPMENT, SERVICES OR SOFTWARE OR FOR
COMMERCIAL LOSS OFANY KIND, WHETHER OR NOT A+ HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR LOSS, NOR SHALL ANY RECOVERY AGAINST A+
WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR
ANY OTHER LEGAL THEORY) EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE
PAID, CUSTOMER AGREES THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT
DAMAGES THAT ARE ACTUALLY INCURRED BY CUSTOMER IN REASONABLE RELIANCE, UP
TO THE GREATER OF THE AMOUNT OF A REFUND OF THE PRICE CUSTOMER ACTUALLY
PAID FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY
PRECEDING THE FILING OF SUCH CLAIM REGARDLESS OF THE FORM OF ACTION OR
CLAIM (E.G. CONTRACT, TORT, WARRANTY, STRICT LIABILITY, FRAUD, NEGLIGENCE
OR OTHER LEGAL THEORY) OR ONE THOUSAND DOLLARS (US $1,000)
Force Majeure: Neither party shall be liable for any breach of
this Agreement that is caused by a matter beyond its reasonable control.
Such causes include (without limitation) Acts of God, fire, lightning,
war, disorder, flood, national emergency, riots, revolutions, explosion,
labor disputes, malfunction of third-party’s telephone lines, equipment
or services necessary to provide the Service, stability or availability
of the Internet (or portion thereof). In addition, A+ shall not be liable
for any delay or failure to provide the Service caused by restrictions of
a legal or regulatory nature imposed by any governmental agency. If any
condition continues for more than a three (3) month period, either party
may serve notice on the other for immediate termination of this
Law and Jurisdiction: The laws of the State of Texas shall govern this
Indemnification: The Customer shall indemnify, defend and hold A+ its
affiliates, their officers, directors, employees and suppliers harmless
from any and all claims, actions, suits, proceedings, costs, expenses,
damages and liabilities, including reasonable attorney’s fees that arise
out of or relate to Customer’s use of the Service (including and without
limitation, any individual accessing the Service using the Customer’s
account), any actual or alleged violation of this Agreement or applicable
law, any infringement or violation by the Customer or any individual
accessing the Service using the Customer’s account of any intellectual
property, privacy or other right of any individual or entity.
Entire Agreement: This Agreement states the entire agreement between
the parties and supersedes all prior representations, agreements,
proposals, correspondence, discussions, meetings, negotiations and/or any
other understandings relating to its subject matter.