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NOTICE - PLEASE READ
CAREFULLY:
YOUR USE OF A+ CONFERENCING SERVICES IS CONDITIONED UPON YOUR
COMPLIANCE AND ACCEPTANCE OF THIS AGREEMENT.
This 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:
- These 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.
- A+ agrees to provide the Customer with
the service based on the terms of this Agreement.
- A+ 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.
- A+ 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.
- A+ may temporarily suspend the Service
for operational reasons such as maintenance, betterment or emergency.
Security:
- The 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.
- The 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 individual.
- The 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.
- A+ 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
- The Customer is to immediately inform A+
of any
changes to the information provided by the Customer when registering
for the Service.
Use of Service:
- It 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 provided.
- The Customer may only utilize the Service
for conferences or meetings in which the Customer is an active
participant.
- The 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+.
- The Service may not be used:
- in violation of any legislation or
license applicable to the Customer or that is any way fraudulent or
unlawful
- to 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
- to damage A+’s property,
interfere with or disrupt A+’s system or other users
- Customer acknowledges and agrees A+ does
not
control the control or monitor the content nor guarantee the accuracy,
integrity, security or quality of such content
- Recording 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 conference.
- The 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.
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.
Termination:
- Either 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.
- Either party may terminate this Agreement
If
either party commits a material breach in relation to the service and
the material breach cannot be cured.
- Either 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
Agreement.
Law and
Jurisdiction: The laws of the State of Texas shall
govern this Agreement.
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. |
