Terms of Use


IMPORTANT- READ CAREFULLY: CUSTOMER'S USE OF THIS WEBSITE AND THE SERVICES ARE CONDITIONED UPON CUSTOMER'S COMPLIANCE AND ACCEPTANCE OF THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES. CUSTOMER IS ENCOURAGED TO PRINT OR DOWNLOAD THESE TERMS AND CONDITIONS AND SAVE THEM FOR CUSTOMER'S RECORDS.


This Agreement (the "Agreement") is between the individual or legal entity using, purchasing or opening an account for Services ("Customer") and Advantage Conferencing related entity which invoices Customer for the Services ("Advantage Conferencing"). Please read this Agreement carefully before installing, accessing, or otherwise using the Services. By installing, accessing, or otherwise using Services, Customer agrees to be bound by this Agreement. Please maintain a copy for Customer's records. If Customer does not agree with the terms of this Agreement, do not use the Services.


Service Description

This Agreement governs the purchase and use of audio, video and web conferencing, webinar and webcasting services and related products and services of Advantage Conferencing ("Advantage Conferencing Services") and its third party suppliers ("Third Party Services") (the Advantage Conferencing Services and Third Party Services are referred to collectively as the "Services"). Advantage Conferencing may alter, expand, or reduce the features of the Services from time to time without notice to Customer. Customer agrees that Advantage Conferencing's obligation to provide Services is conditioned upon Customer providing all information and assistance reasonably required to perform the Services and Customer hereby agrees to timely provide all such information and assistance. Advantage Conferencing reserves the right to reclaim any dial-in numbers at any time. Customer acknowledges that not all Services can be guaranteed from all locations including, but not limited to via mobile telephones, pay phones or satellite phones due to various in-country, carrier or other restrictions.


Term

The Term of this Agreement or any Order Form shall remain in effect until terminated in accordance with the provisions of this Agreement (the "Term").


Termination of the Agreement

Either Customer or Advantage Conferencing may terminate this Agreement at any time for convenience upon thirty day written notice to the other party; provided that the term of each service, if any, shall be governed by such service and shall continue for the term of the service notwithstanding any termination of this Agreement. The termination of any service shall not otherwise effect the Term of this Agreement or any other service.


Terms and Conditions

  • Provision of Services: Advantage Conferencing agrees to provide reliable phone and / or web conferencing services (“Services”) that are free of defect and function as advertised.
  • Credit Card Authorization: If Customer is not pre-paying for (“Services”), Advantage Conferencing Inc. will submit an Authorization for validation against Customer’s credit card upon receipt of this application. This is NOT a charge. IC also requires the credit card information to pass Address Verification check; name on card and address on account, including zip code, must be an exact match.
  • Payment by Credit Card: Advantage Conferencing will charge Customer’s credit card monthly for any and all usage charges and send a statement to Customer. Customer is responsible for keeping a valid, un-expired credit card on file with IC.
  • Payment by Check: Advantage Conferencing will send Customer a monthly invoice if there was any usage. Customer agrees to pay all monthly charges immediately upon receipt of the invoice. A late charge of 2.0% per month will be applied to payments that are not paid within 30 days of the invoice date. If payment is not received within 60 days of the invoice date, Advantage Conferencing will bill Customer’s credit card.
  • Customer agrees to pay all costs incurred by Advantage Conferencing in collecting the overdue charges, including collection agency fees, attorney’s fees, and court costs.
  • Term and Termination: Advantage Conferencing requires no term commitment. Customer may cancel service at any time upon thirty day written notice to accounting@infiniteconferencing.com
  • Limitation of Liability: Advantage Conferencing is not liable to the customer for any loss that may occur due to causes beyond reasonable control of Advantage Conferencing. The sole liability of IC for any defect in service is limited to the amount of any charges for the defective service. Under no circumstance will IC be liable for direct, indirect, special, consequential, or punitive damages arising in connection with the web conferencing services.
  • Confidentiality: Advantage Conferencing agrees to keep all Customer information strictly confidential. Customer agrees to keep all aspects of this Service Agreement confidential. This Subscription Agreement (this “Agreement”) is a legal and binding instrument entered into as of the date of electronic acceptance by Customer (the “Effective Date”), by and between the Advantage Conferencing, Inc., and “Customer,” the individual or entity entering into this Agreement. Advantage Conferencing reserves the right to amend this Agreement from time to time without notice to Customer. The most current version of this Agreement can be reviewed by clicking on the “Terms of Service” hypertext link located at http://intella2.com/pages/termsandconditions. Your use of the services (including trial use) is at all times conditioned upon your agreement to the terms and conditions outlined on this application and on http://intella2.com/pages/termsandconditions. These terms and conditions were last revised January 2014 and are subject to periodic revisions and updates.

Price Changes

PRICE CHANGES. CUSTOMER ACKNOWLEDGES AND AGREES THAT STANDARD RATES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT ADVANTAGE CONFERENCING PROVIDING SPECIFIC NOTICE TO CUSTOMER BY ADVANTAGE CONFERENCING POSTING NEW STANDARD RATES. CUSTOMER THEREFORE AGREES TO CHECK ADVANTAGE CONFERENCING'S STANDARD RATES FROM TIME TO TIME AND IN EACH CASE PRIOR TO USING ANY SERVICES SUBJECT TO STANDARD RATES. NEGOTIATED RATES FOR ANY SERVICE, FEATURE OR FEE (INCLUDING WAIVERS THEREOF) ARE SUBJECT TO CHANGE AT ANY TIME ON THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO CUSTOMER OR AT ANY TIME AS TO A SPECIFIC SERVICE WITHOUT PRIOR NOTICE TO CUSTOMER IN THE EVENT SUCH SERVICE REMAINS DORMANT (I.E.,IS NOT USED) FOR A PERIOD OF TWELVE MONTHS OR LONGER. CUSTOMER AGREES THAT EITHER OR BOTH OF NEGOTIATED RATES AND STANDARD RATES MAY BE INCREASED WITHOUT PRIOR NOTICE TO CUSTOMER. IN LIGHT OF THE PRICE CHANGING POLICIES HEREIN, CUSTOMER THEREFORE AGREES TO CAREFULLY REVIEW EACH INVOICE PRIOR TO MAKING PAYMENT AND TO NOTIFY ADVANTAGE CONFERENCING OF ANY RATE DISPUTES WITHIN THIRTY (30) DAYS FROM THE DATE OF THE INVOICE, OTHERWISE CUSTOMER WILL BE DEEMED TO AGREE TO SUCH RATES AND TO HAVE WAIVED ANY RIGHTS TO DISPUTE THEM IF NOT RAISED WITHIN THIRTY (30) DAYS FROM THE DATE OF THE INVOICE.


Taxes, Fees and Surcharges

In addition to the rates for the Services, Customer shall pay all applicable fees, duties, tolls, administrative assessments, surcharges, or taxes now or hereafter attributable to the Services and included on Customer's invoice.


License

Subject to Customer's compliance with the terms and conditions of this Agreement, Advantage Conferencing hereby grants Customer a non-exclusive license during the applicable Term to use the Services. Except as specifically set forth herein, Advantage Conferencing or its suppliers retain all right, title, and interest, including all intellectual property rights, relating to or embodied in the Services, including without limitation all technology, telephone numbers, web addresses, software, or systems relating to the Services. Customer agrees not to reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any software related to the Services. Customer agrees that use of Third Party Services such as Microsoft Live Meeting and WebEx is subject to the license agreement of such provider. Other than using the Services for conferences or meetings in which Customer are an active participant, Customer may not resell the Services or otherwise generate income from the Services.


Responsibility for Customer's Accounts

Customer is responsible for maintaining the confidentiality of Customer's accounts, owner numbers, conference codes, passwords and personal identification numbers used in conjunction with the Services and for all uses of the Services in association with Customer's accounts whether or not authorized by Customer. Advantage Conferencing does not sell products or services for children. Customer will not allow children under 18 to use the Services without the involvement of a parent or guardian. Customer agrees to immediately notify Advantage Conferencing of any unauthorized use of Customer's account of which Customer become aware.


Responsibility for Communications

Customer is the sole owner of content and solely responsible for the content of all communications (visual, written or audible) using Customer's accounts. Customer shall comply with all laws while using the Services; shall not transmit any communication that violates any law, court order, or regulation; shall not violate any third party rights in using the Services; and shall not use the Services in any way that damages Advantage Conferencing's property or interferes with or disrupts Advantage Conferencing's system or other users. Although Advantage Conferencing is not responsible for any such communications, Advantage Conferencing may suspend any such communications of which Advantage Conferencing is made aware. Use of conference recording or taping any use of the Services by Customer may subject Customer to laws or regulations and Customer is solely responsible for and obligated to provide any required notification to participants prior to commencement of said conference. Customer acknowledges and agrees that Advantage Conferencing has not and is not expected to provide Customer with any analysis, interpretation or advice regarding Customer's compliance with the above and does not control Customer's content nor guarantee the accuracy, integrity, security or quality of Customer's content.


Privacy and Data Use

The information Advantage Conferencing holds about Customer will be used to provide the Services and for identification, account administration, analysis and fraud/loss prevention purposes. Each party will comply with all applicable personal data protection and privacy laws where such party is located (the "Data Protection Laws"). The parties acknowledge and agree that: (i) Advantage Conferencing may have access to personal data under the Data Protection Laws and will: (a) use it solely for the purpose of providing the Services; (b) process it only in accordance with Customer's instructions; and (c) take appropriate technical and organizational measures to prevent unauthorized or unlawful processing, accidental loss, destruction or damage to it; (ii) personal data may be processed by Advantage Conferencing and its affiliates throughout the world; and (iii) Customer is the data controller and retains full responsibility for the data processed on its behalf by Advantage Conferencing acting as data processor. More details about how that information is used can be found in Advantage Conferencing's privacy policy which governs Customer's visit to Advantage Conferencing's Website and use of the Services. Copies are also available from us by post, by contacting customer service.


Limited Warranty

ALL SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY. CUSTOMER UNDERSTANDS AND AGREES THAT ADVANTAGE CONFERENCING'S SERVICES AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". ADVANTAGE CONFERENCING AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ADVANTAGE CONFERENCING MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH ADVANTAGE CONFERENCING'S SERVICES OR WEBSITES, OR THAT THE SERVICES WILL MEET ANY OF CUSTOMER'S REQUIREMENTS, OR BE UNITERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES AND WEBSITE ARE AT CUSTOMER'S SOLE RISK. ADVANTAGE CONFERENCING IS NOT LIABLE FOR ACTS OR OMISSIONS OF OTHER SERVICE PROVIDERS, FOR INFORMATION OR CONTENT OF COMMUNICATIONS, THIRD PARTY SERVICES, EQUIPMENT FAILURE OR MODIFICATION, OR CAUSES BEYOND ADVANTAGE CONFERENCING'S REASONABLE CONTROL.


Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ADVANTAGE CONFERENCING, OR ITS SUPPLIERS OR THEIR AFFILIATES, BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL ORINCIDENTAL DAMAGES WHATSOEVER OR LOSS OF GOODWILL, DATA OR PROFITS, OR COST OF COVER ARISING OUT OF, OR RESULTING FROM THE SERVICES, THIS AGREEMENT OR ANY ORDER FORM REGARDLESS OF THE LEGAL THEORY OF RECOVERY, EVEN IF ADVANTAGE CONFERENCING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 LESSER OF THE AMOUNT OF A REFUND OF THE PRICE THAT CUSTOMER ACTUALLY PAID FOR THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE FILING OF SUCH CLAIM REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, OR OTHER LEGAL THEORY) OR ONE THOUSAND DOLLARS (US$1,000).


Indemnification

Customer shall indemnify, defend and hold Advantage Conferencing, its suppliers, their affiliates and their officers, directors, employees (the "Advantage Conferencing Indemnitees") harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorneys' fees, which arise out of or relate to: (1) Customer's use of the Services (including without limitation, any person accessing the Services using Customer's account); (2) any actual or alleged violation of this Agreement, any Order Form or any applicable law, rule or regulation by Customer or any person accessing the Services using Customer's account; (3) or any actual or alleged infringement or violation by Customer or any person accessing the Services using Customer's account of any intellectual property or privacy or other right of any person or entity.


Confidentiality

Advantage Conferencing and Customer agree to use commercially reasonable efforts to protect from unauthorized disclosure Confidential Information of the other party. Confidential Information shall mean information that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use and marked as Confidential ("Confidential Information"). The parties agree that Confidential Information may be disclosed to employees, affiliates, suppliers or advisors on a need-to-know basis and who agree to be bound by confidentiality terms and conditions at least as stringent as those herein. This confidentiality obligation shall not apply to any information (i) independently developed by a party, (ii) generally available to the public other than by a party's breach of this Agreement, (iii) already known by a party at time of disclosure to that party, or (iv) rightfully received from a third party without restriction on disclosure or an obligation of confidentiality running directly or indirectly to the other party. Nothing shall prevent or prohibit the receiving party from providing access to Confidential Information as may be required by law, rule or regulation. Notwithstanding the foregoing, the parties acknowledge that Recipient shall not be required to return to Discloser or destroy those copies of Information residing on Recipient's backup, disaster recovery or business continuity systems and the obligations hereunder with respect to such Information shall survive until such Information is destroyed.


Export and Import Control Laws and Regulations

Customer acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Services and any related software. Without limiting the foregoing, Customer acknowledges that the Services and any related software are or may be an "encryption item" subject to controls under the Export Administration Regulations promulgated by the U.S. Department of Commerce. Customer agrees not to export or re-export the Services or any related software in any form in violation of the export laws of the United States or any foreign jurisdiction.


Message delivery Services

If Customer uses Services to send fax, email, phone, text, SMS, or other messages ("Messages") to any recipients (the "Recipients") as a condition for using such Services, Customer represents and warrants that a) that Customer will not make any automated outdials to induce the purchase of goods or services or to solicit a charitable contribution; and (b) Customer has the legal right to send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the content timing and purpose of all Messages, campaigns and programs are in compliance with all applicable laws, rules and regulations including those with respect to timing, content, do not call lists and: the following laws of the United Sates: TCPA 47 USC 227; CANSPAM Pub. L. No. 108-187; and TSR 16 CFR 310; the following laws of Canada: the Canadian Radio-television and Telecommunications Commission concerning telemarketing and unsolicited faxes, Personal Information Protection and Electronic Documents Act; and from the following laws of the United Kingdom: the UK Privacy and Electronic Communications Regulations 2003. Customer further acknowledges that Customer is the sender of all Messages and Advantage Conferencing is acting at Customer's direction as the broadcaster of the Messages. Advantage Conferencing does not provide content and Customer shall be solely responsible for all content of the Messages and for providing any list of names, numbers or addresses for Advantage Conferencing to utilize in sending Messages.


Enforceability/Waiver

If any part of this Agreement is determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation of risks, and the remainder of the Agreement will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Advantage Conferencing's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless agreed to by Advantage Conferencing in a non-electronic writing manually signed by a duly authorized representative of Advantage Conferencing. If there is any law, rule, regulation or policy that causes Advantage Conferencing to be regulated or that causes the Agreement or Services to be in conflict with such law, rule, regulation or policy, Advantage Conferencing may terminate or modify the affected Services without liability.


Miscellaneous

Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. Customer acknowledges that Advantage Conferencing is an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This Agreement is for the sole benefit of Advantage Conferencing and its affiliates and Customer and is not intended to, nor shall it be construed to, create any right or confer any benefit on any other party. The parties do not intend that this Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to this Agreement. The parties confirm that they wish to have this Agreement written in English only. Les Parties aux présentes confirment leur volonté que cette Convention soit rédigée en langue anglaise seulement. Customer authorizes Advantage Conferencing's monitoring including recording of calls for the purposes of quality assurance and Customer further consent to Advantage Conferencing's use of automatic dialing equipment to contact Customer. Advantage Conferencing's performance of the Services is subject to existing laws and legal process, and nothing contained in this Agreement or any Order Form is in derogation of Advantage Conferencing's right to comply with governmental, judicial and law enforcement requests or requirements relating to Customer's use of Advantage Conferencing's Website, the Services or information provided to or gathered by Advantage Conferencing with respect to such use. Customer may not assign this Agreement or any Order Form to any other person or entity without Advantage Conferencing's prior written approval, but nothing restricts Advantage Conferencing's ability to assign this Agreement or any Order Form or subcontract the Services hereunder.


Force Majeure

Advantage Conferencing will not be responsible for delays and/or defaults in its performance due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing; acts of terrorism, wars, hostilities, revolutions, riots, civil commotion, national emergency, fire or explosion, flood, force of nature, embargoes, accidents, acts of God, or stability or availability of the Internet, the elements; telecommunication system failure; technology attacks, epidemic; quarantine; viruses; strike; lockouts; disputes with workmen or their labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; acts or request of any governmental authority; or any other cause beyond Advantage Conferencing's control, whether or not similar to the foregoing.


Entire Agreement

This Agreement in addition to Order Forms, if any, executed by the parties (each an "Order Form") constitute the entire agreement between Advantage Conferencing and Customer with respect to the Services and supersedes all prior or contemporaneous communications and proposals, representations, promises, or agreements, whether electronic, oral, or non-electronic, between Advantage Conferencing and Customer regarding them. Customer agrees that any terms or conditions contained in any document, including but not limited to a purchase order, acknowledgement, email, or other document that Customer may now or later provide to Advantage Conferencing, will have no effect and that this Agreement is the only contract between Advantage Conferencing and Customer regarding the Services and may only be amended as set forth herein. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. A printed version of this Agreement and of any notice given to Customer in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Notices

Notices from Advantage Conferencing to Customer under this Agreement may be sent by mail, email, fax or other electronic media and will be considered given upon delivery to the physical address, fax number, email address or other contact information provided by Customer for billing or account management purposes. Notices to Advantage Conferencing must be sent to the address mentioned in Advantage Conferencing's invoice to Customer with a courtesy copy to P.O. Box 836, Short Hills, NJ 07078; Email:accounting@infiniteconfencing.com. All notices shall be in English.


Modification

Advantage Conferencing may, at any time, amend the provisions of this Agreement. Any amendment proposed by Customer may only be accepted by Advantage Conferencing in a non-electronic writing manually signed by authorized representatives of the parties. Notwithstanding anything in this Section to the contrary, if Advantage Conferencing posts amended terms on its Website, such terms will automatically become effective ten (10) days after they are posted on the Website. By using the Services after such revised terms are posted, Customer agrees to be bound by any such amended provisions. Therefore, Customer agrees to periodically visit the Website to examine the then-current Agreement.


Revised June 1, 2012


Copyright Notice

Copyright © 2011. All rights reserved. Advantage Conferencing, Inc. 100 Morris Ave., Suite 302, Springfield, New Jersey, 07081.


Trademarks

Any rights not expressly granted herein are reserved.