Terms and Conditions
1. Rates and Payment Terms
All rates, unless otherwise stated, are calculated on a per minute per
participant basis. Charges for use of services are invoiced at the end of each billing cycle for pay-as-you-go accounts, and at the beginning of the billing cycle for all other accounts.
Customer agrees to pay fees and surcharges we assess to recover or defray governmental charges or costs we incur in connection with the services we provide, such as Federal Universal Service, regulatory and administrative charges, or gross receipts taxes, without regard to whether these governmental charges or costs fund programs that provide benefits to you or in your location. These charges are not taxes or regulatory fees imposed directly on you, nor required by law to be billed to you, may be kept by us in whole or in part, and the amounts and what is included in these charges are subject to change without notice.
Payments are due upon receipt unless otherwise stipulated in writing by Unlimited Conferencing. Unlimited Conferencing requires a valid credit card to be on file at all times, and automatically charges all open invoices to this card unless other credit terms have been agreed upon in writing.
Copies of all invoices are available for viewing and download from the company website. Past-due balances shall be subject to an interest charge of 1.5% per month computed from the due date of each invoice previously issued, or the maximum rate legally permitted. Customer shall pay any collection costs, including reasonable attorneys' fees, and other expenses incurred by Unlimited Conferencing to collect any sums due under this Agreement. Customer must notify Unlimited Conferencing of any charge disputed in good faith, with supporting documentation, within 30 days from the date of invoice, or Customer will be deemed to agree to such charges and no adjustments to charges or invoices will be made. Customer remains responsible to pay undisputed charges by the due date.
Credit granted to the Customer may, at Unlimited Conferencing's option, be cancelled at any time with or without notice.
Unlimited Conferencing may discontinue or suspend service at any time without incurring liability.
2. Liability/Warranty
With respect to claims or suits by Customer, its customers, or any others, for damages relating to or arising out of acts or omissions under this Agreement, Unlimited Conferencing 's liability under this Agreement shall not exceed the total amount paid to Unlimited Conferencing hereunder in the latest three months of the Agreement prior to the claim. Unlimited Conferencing shall in no event be liable for (i) loss of profits, use, data or other intangibles, (ii) incidental, special, punitive or consequential damages suffered by Customer, Customer's customers, or any other persons or entities and relating to or arising out of the services to Customer, (iii) failure to perform any other obligation this Agreement including, but not limited to, temporary service interruptions or (iv) for any act or omission of any other entity furnishing any portion of the services provided to Customer, even if Unlimited Conferencing has been advised of the possibility of such damages. In the event of a technical problem in the services to Customer, Unlimited Conferencing may provide a credit to Customer, as it deems appropriate. Otherwise, Unlimited Conferencing MAKES NO REPRESENTATION OR WARRANTY EITHER EXPRESS OR IMPLIED REGARDING THE SERVICES TO CUSTOMER, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The provisions of this paragraph apply while this Agreement is in effect and after its termination.
3. Services
Customer will not use the services to send unsolicited mass mailings or to communicate any content that is harassing, libelous, threatening, obscene, 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. Unlimited Conferencing may remove such content at any time should it become aware of such content.
4. Reasonable Usage
Unlimited usage rate plans assume a reasonable usage of 5,000 minutes per month. Customers on an unlimited usage plan who exceed 5,000 minutes in any given month may be subject to additional per-minute charges or may be asked to move to a different rate plan. Unlimited Conferencing reserves the right to discontinue service and close accounts that exceed the reasonable usage amount.
5. Indemnity
Customer will indemnify and hold Unlimited Conferencing harmless from and against all losses, damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, arising from Customer's violation of this Agreement. For purposes of these "Terms and Conditions", "Unlimited Conferencing " includes entities that furnish any portion of the services provided to Customer or its customers.
6. Entire Agreement
This Agreement constitutes the entire agreement of the parties and supersedes all prior discussions or agreements, whether written or oral, including but not limited to any advertising, brochures, or solicitations. Any modification or change to this Agreement must be in writing signed by Unlimited Conferencing . This Agreement is governed by California law. The terms of this agreement apply to online signups only and do not apply to customers who have a separate contract with Unlimited Conferencing.
