Important - read carefully: by using the allconferencecalls services you agree to be bound by these terms and conditions.
1. INTRODUCTION AND SCOPE OF AGREEMENT
a) This is a legal agreement ("Agreement") between You and Via-Vox Limited. ("Via-Vox"), for use of the Via-Vox services which You selected or initiated, which may include the Pay Per conference ("PPC") voice and web services, or the All You Can Eat ("AYCE") voice and web services, or the Pay Per Minute ("PPM") voice and web services, and/or any other audio and web communications services provided by Via-Vox ("Services"). "You" refers to the individual who registered and/or provided Via-Vox his or her credit card or other payment mechanism for the Services or, if the Services are being purchased on behalf of an entity by an individual authorized to purchase the Services on behalf of such entity, then "You" refers to such entity and each authorized individual within that entity. If You do not agree with the terms of this Agreement, click the "Cancel" button and do not use or join any meeting supported by, the Services.
b) The Service will be subject to available capacity and we do not guarantee that the number of connections required by you will always be available at any given time (but see Condition 17 below).
c) In providing the Service, we promise to use the reasonable skill and care of a competent telecommunications service provider.
Via-Vox will provide the Services in accordance with this Agreement and within the parameters set out at Conditions 16 to 20 (incl) below. Via-Vox may at its sole discretion modify the features of the Services from time to time without prior notice.
3. RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS
a) You will receive passwords and account designation upon completion of the registration process. You are responsible for maintaining the confidentiality of the passwords and account, and are fully responsible for all activities that occur under Your passwords or account. You agree to (i) immediately notify Via-Vox of any unauthorized use of Your passwords or account (ii) or any other breach of security.
b) You agree that You are solely responsible for the content of all visual, written or audible communications sent by You or in Via-Vox meetings hosted by You. You agree that You will not use the Services to send unsolicited commercial e-mail outside Your company or organization in violation of applicable law. You further agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, and indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although Via-Vox is not responsible for any such communications, Via-Vox may delete any such communications of which Via-Vox becomes aware, at any time without notice to You.
In the event that You select the Pay Per Conference service one or more fee-based Services, Via-Vox will charge your credit card monthly, at the end of the calendar month for all conferences made to your account. In the event that You select the All You Can Eat Conference service, the service begins on the day you registered for the service and your credit card will be charged monthly thereafter. Any overage fees, per use fees, conferencing fees, or any other fee or charge associated with Your use of the Services are invoiced monthly in arrears for actual use. You agree that Via-Vox may charge to Your credit card all amounts due and owing for the Services, including Service fees, set up fees, subscription fees, overage fees, per use fees, conferencing fees, or any other fee or charge associated with Your use of the Services ("Your Account"). The Services will continue to be provided to You (and Your credit card will continue to be charged) and this Agreement will renew automatically at the end of each monthly plan ("Monthly Plan") or annual plan ("Annual Plan") period (as selected by You when You registered for the Service), unless You give Via-Vox notice that You want to terminate this Agreement. Such notice must be given subject to Section 12(b), below. In the event that You do not provide Via-Vox with a valid credit card number with sufficient credit throughout the effective period of this Agreement, You will be in violation of this Agreement, and Via-Vox may suspend the Services and/or terminate this Agreement, subject to Section 12(c) below. Via-Vox may change prices at any time without prior notice. You agree that in the event Via-Vox is unable to collect the fees owed to Via-Vox for the Services through Your Account, Via-Vox may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Via-Vox in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that Via-Vox may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
If you registered prior to 06/04/2009, charges will be made to your Credit Card in Euros at the current rate of exchange. If you registered after 06/04/2009, or have updated your card details after this date, charges are in the local currency stated on the website. Refunds may be given at the discretion of the management.
5. CHARGES FOR THE SERVICE TO EXTERNAL PARTIES
a) Each user of the Service, including You, will be charged the prevailing Call Charges for calls to the dial-in number applicable to the telephony service you are using. These Call Charges do not form part of this contract.
6. CHANGES TO SERVICE
Via-Vox may, at its sole discretion, modify, enhance, upgrade, update and/or expand the features of a Service from time to time without notice and at no additional cost to You. Via-Vox may also, from time to time, make available to You additional features ("Additional Features") that will enhance or improve delivery and use of the Service. You may elect to obtain those Additional Features when available pursuant to specific terms and conditions and other instructions provided by Via-Vox on the Subscription Change page. Your use of an Additional Feature is at all times otherwise subject to the terms and conditions of this Agreement.
Occasionally we may have to do some things that could affect the Service. If we have to interrupt the Service we will restore it within a reasonable time. We may have to: i. change the code or phone number or the technical specification of the Service for operational reasons; ii. Interrupt the Service for operational reasons or because of an emergency; iii. Give you instructions that we believe are necessary for health or safety, or for the quality of the Service that we supply to you or to our other customers and you agree to observe them; but before doing so, we will give you as much notice as we can. (but see Condition 17 below)
7. CHANGES TO CONDITIONS
a) We reserve the right to amend the conditions of this Contract including our charges at any time. We will give you at least 2 weeks notice of any such change. b) You cannot transfer or try to transfer this Contract or any part of it to anyone else. c) If you do not use the Service for at least 6 months we reserve the right to give notice to terminate your account and withdraw the Service.
8. TRIAL OFFERS, COUPONS AND SPECIAL OFFERS
Via-Vox reserves the right to discontinue or modify coupons, credits, special promotional offers, or other complimentary or non-fee-based Services, as and if available, (collectively, "Free Trial") at any time at Via-Vox's sole discretion. At the end of any applicable Free Trial period offered by Via-Vox and selected by You, You will be automatically subscribed to the Services plan You selected at registration or to a default Services plan selected by Via-Vox for trial subscribers. In the event that You select a fee-based Service, Via-Vox will bill Your credit card for the Services pursuant to the terms and conditions of this Agreement and as set forth in Section 3, in particular. If You wish to terminate the Free Trial period before the end of the Free Trial period and/or do not wish to subscribe to a plan, You must cancel before the end of the Free Trial period in accordance with the terms notified to you when you accepted the offer.
10. PROPRIETARY RIGHTS
Via-Vox and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of Via-Vox's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.
11. PHONE NUMBER
a) You have no right to sell or to agree to transfer the number provided to you for use with the Service and you must not try to do so.
b) Nobody must advertise the phone number for the Service in or on a phone box without our consent, and you must make sure that this does not happen. The action that we can take if this happens is explained in paragraph 11. We will however give you written notice before taking any such action.
a. Via-Vox reserves the right to terminate Your contract immediately if (i) You fail to comply with any provision of this Agreement; (ii) Via-Vox is unable to verify or authenticate any information You provide to Via-Vox; (iii) information You provide is inaccurate; (iv) Via-Vox decides, in its sole discretion, to discontinue offering the Services; or (v) if you materially breach this Contract and /or we believe that the Service is being used in a way forbidden by paragraph 19a; or (vi). Bankruptcy or insolvency proceedings are brought against you, or if you do not make any payment under a judgment of a Court on time, or you make an arrangement with your creditors, or a receiver or administrator is appointed over any of your assets, or you go into liquidation.
b. Via-Vox reserves the right to terminate Your contract upon reasonable notice if (i) you breach this Contract, other than by using the Service in a way forbidden by paragraph 19a, and fail to remedy the breach within a reasonable period of being asked to do so;
c. We will inform you of such suspension or termination as soon as reasonably possible and explain why we have taken this action. Via-Vox shall not be liable to You or any third party for termination of the Services.
d. If we suspend the service, it will not be restored until you satisfy us that you will only use the service in accordance with this contract. You may terminate this Agreement, and end Your use of the Services upon notification to via email to firstname.lastname@example.org at least thirty (30) days prior to the end of Your term ("Term"). If You select the Pay Per Conference or All You Can Eat Monthly Plan, your Term will be monthly. If You select the All You Can Eat Annual Plan, Your Term will be yearly.
e. Should You wish to terminate this Agreement in the middle of Your Term the balance fees for the remainder of the Term remain payable. In the event that You do terminate an annual Agreement in the middle of a Term, the remaining monthly fees will be collected in one payment subject to a discount of % for any whole months not used
f. Upon any termination of this Agreement, You must cease any further use of the Services and destroy any copies of associated software within Your possession and control. You shall remain liable for all fees incurred or accrued by You and any fees You may have paid in advance are non-refundable. Sections 2 through 1413, excluding Section 4, shall survive any termination of this Agreement.
13. NO WARRANTIES
You understand and agree that the services are provided "as is" and Via-Vox, its affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Via-vox, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the services, regarding the accuracy or reliability of any information obtained through the services, regarding any goods or services purchased or obtained through the services, regarding any transactions entered into through the services or that the services will meet any user's requirements, or be uninterrupted, timely, secure or error free. Use of the services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the services. The entire risk arising out of use or performance of the services remains with you. You agree to indemnify, defend and hold harmless Via-Vox, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Via-Vox, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
14. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will Via-Vox or its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the services or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or any other legal theory, even if Via-Vox, its affiliates, suppliers or resellers have been advised of the possibility of such damages. In any case, Via-Vox's, its affiliates', suppliers' and resellers' maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by you for the services (if any) in the previous 12 months. In particular:
a) We have no liability for any unauthorized use or misuse of the Service by you or anyone else.
b) We have no liability for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings you expected to make, wasted expense, financial loss or data being lost or harmed.
c) Any liability we have of any sort (including any liability because of our negligence) is limited to the costs of the call charges incurred for the call in question.
d) We are not liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
e) Each part of this Contract that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply.
f) Matters beyond our reasonable control - If we cannot do what we have promised in this Contract because of something beyond our reasonable control such as lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind, (including those involving our employees), we will not be liable for this. If any such events continue for more than three months, we can terminate this Contract by giving you notice. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you, but to the extent allowed by such states or jurisdictions they will do so.
15. INJUNCTIVE RELIEF
You acknowledge and recognize that any breach of this Agreement may injure the Company irreparably and that money damages alone would not be sufficient remedy for such breach. Accordingly, Via-Vox shall be entitled to specific performance and injunctive relief from any court in any jurisdiction, in addition to all other remedies available at law or in equity.
a) Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of England and Wales nts. The parties consent to the non-exclusive jurisdiction and venue of the courts located in England.
b) Waiver and Severability. Failure by either party to exercise any of its rights under or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
c) General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Via-Vox may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to Via-Vox under this Agreement must be sent to the address provided in Section 7 above, or other address as provided by Via-Vox for such purpose. Any and all rights and remedies of Via-Vox upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Via-Vox, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.
d) Indemnity - You must indemnify us against any claims that anyone (other than you) threatens or makes against us because the Service is faulty or cannot be used by them.
e) How to give us notice: - Any notice under this contract must be delivered or sent by facsimile or pre-paid post or by e-mail, or any other address we give you. ii. to You at the address you gave us on the Subscription Form, or as notified in writing to us.
f) Third Party Rights - A person who is not a party to this Contract, has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
The limitations of the Service are as follows: a. Each Pay Per Conference conference can have up to 10 participants and can last for up to 2 hours. If you go over the participant or time limit, you will automatically be charged for a second conference. b. For the All You Can Eat Conference service, each conference can up to 10 participants and can last for up to 2 hours. The PIN cannot be used more than 20 times in one month. c. You can have a maximum of 30 participants on one call without having to pre-book. Each lot of 10 participants is considered one conference, and will be charged accordingly. If you require high level usage, please contact us to discuss a plan that suits your needs.
a) The Service is available 24 hours a day 7 Days per week. Except i. If planned maintenance is scheduled the service may not be available between 2am and 5am Sunday morning ii. If unplanned maintenance is required calls may be truncated or may not connect. In this circumstance Via-Vox will use their best endeavors to restore the service as soon as possible b) Maintenance schedules and service status can be found on the Via-Vox web site www.via-vox.co.uk
19. YOUR RESPONSIBILITIES
a) You and the Participants must use tone-dialing telephones to dial-in to the Service.
b) You are responsible for the security and proper use of the Access Codes once you have received them from us.
20. MISUSE OF THE SERVICE
a) Nobody must use the Service: i. to make offensive, indecent, menacing, nuisance or hoax calls; or ii. Fraudulently or in connection with a criminal offense; and you must take all reasonable precautions to ensure that this does not happen. The action we can take if this happens is explained in paragraph 12. If a claim is made against us because the Service is misused in this way and you did not take all reasonable precautions to prevent that misuse, or did not notify us of that misuse at the first reasonable opportunity, you must reimburse us in respect of any sums we are obliged to pay. iii. In a way contrary to the Via-Vox Acceptable Use Policy available at www.via-vox.co.uk
b) Voice Calls may be recorded and the recording used for the sole purpose of investigating abuse of the system