for your use of Communiqué Conferencing, Inc. ("Communiqué")
services ("Services"). If you ("Customer") order
or use any of our services, you accept this agreement and
These Terms and Conditions govern the purchase and use of audio,
video and web conferencing services, any related standard and enhanced
conferencing features of Communiqué Conferencing Services)
and its third party suppliers ("Third Party Services")
(the Communiqué Conferencing Services and Third Party Services
are referred to collectively as the "Services"). By ordering
or using the Services, You agree to be bound by these Terms and
Conditions. Communiqué may alter, expand, or reduce the features
of the Services from time to time. You shall provide all user information
necessary to enable Communiqué to create user profiles for
each user You wish to provide access to the Services.
also governs your visit to our Website and use of our Services.
The names, logos and taglines identifying Communiqué products
and services are proprietary marks of Communiqué All other
trademarks and logos that are not owned by Communiqué are
the property of their respective owners.
to Third Party Sites
The links contained in our web pages will allow you to leave our
websites. Communiqué has neither control, nor any responsibility
for the contents of any linked site, or any changes or updates to
such sites. Communiqué provides these links to you only as
a convenience, and without any implied endorsement by Communiqué
for use of the third party site.
Account Password and Security
The customer is responsible for maintaining the confidentiality
of your personal identification numbers and passwords ("Account")
and for restricting access to your Account. Customer agrees to accept
responsibility and liability for all activities that occur under
your Account whether lawful or unlawful and you agree to notify
us immediately if there has been an unauthorized use of your account
or any other breach of security. We are not liable for any loss
that you may incur as a result of someone else using your password
or account, either with or without your knowledge. Customer is also
solely responsible for all uses of your Account, whether or not
actually or expressly authorized by you.
reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in our sole discretion. Violation
In order to ensure that we are able to provide high quality services
that are responsive to your needs, you agree to allow our employees
to access your Account and records on a case-by-case basis to investigate
complaints. We will not disclose the existence or occurrence of
such an investigation unless required by law.
Some of our services may require you to open an account, and/or
complete a registration form. If you are assigned a password and
user name, or asked to choose a password and user name, you are
responsible for maintaining the confidentiality of your password
and account. You are responsible for any and all activities that
may occur under your account and you agree to notify us immediately
if there has been an unauthorized use of your account or any other
breach of security. We are not liable for any loss that you may
incur as a result of someone else using your password or account,
either with or without your knowledge.
Except for Customers electing payment via credit card, we will send
a monthly invoice for your use of the Services. Credit terms are
Net 30 days. At any time, we may require a deposit or a valid credit
card to providing or continuing to provide Service based on our
evaluation of your credit. If payment is not received within 60
days of the invoice date, Communiqué Conferencing reserves
the right to apply outstanding charges to a credit card. In the
event of non-payment of any invoice, Customer agrees to pay collection
fees, attorney fees, and court costs incurred in enforcing the terms
of any invoice.
listed are based on US dollars and are exclusive of any applicable
taxes. Customer is responsible for all taxes, gross receipts taxes,
fees and surcharges relating to the sale, transfer of ownership,
installation, license, use or provision of the Services, except
to the extent that you provide Communiqué with a valid tax
exemption certificate before Communiqué provides Services
to the Customer. Customer is responsible for payment of surcharges,
including but not limited to UCC and USF. Services are payable in
US dollars or via credit card.
services and promotions are subject to change.
order to ensure that our services meet and exceed every Customers
requirements, if a scheduled Phone Conference call is not canceled
prior to its scheduled start time, a charge will be applied equaling
50% of the reserved lines, for 30 minutes at the applicable retail
rate. Similarly, for Customers that reserve greater than 100 lines
for a scheduled Phone Conference, an 80% billing minimum applies.
a Customer has selected a volume discount plan, Customer understands
that, at a minimum, each month it shall be required to meet the
minimum monthly commitment for its applicable "Minimum Monthly
Commitment" rate plan.
YOU DISPUTE CHARGES ON YOUR BILL, YOU MUST NOTIFY COMMUNIQUÉ
IN WRITING OF THE DISPUTE WITHIN SIX (6) MONTHS OF THE DATE ON THE
AFFECTED BILL, OR ELSE CUSTOMER WAIVES THE DISPUTE.
FEES, SURCHARGES & ASSESSMENTS
Customer is responsible for all federal, state, and local taxes,
fees, surcharges, and other assessments (collectively, "Charges")
that are imposed on telecommunications services, other services,
and products or that are measured by gross receipts from the sale
of telecommunication services and/or products. Such Charges shall
include, but are not limited to: excise taxes; sales and transaction
taxes; utility taxes; regulatory fees and assessments; universal
service fee assessments, telephone relay service (TRS) assessments,
interconnection fees and recoveries. Customer shall be responsible
for such Charges regardless of whether the Charge is imposed upon
the sale of equipment or services, upon Customer, or upon Company.
If any such Charge is determined to be applicable and has not been
paid by Customer before Customer accepts delivery of products, Customer
shall pay Company the full amount of any such Charge no later than
ten (10) days after receipt of the invoice therefore. If Customer
claims exemption from charges, Customer must provide Communique
Conferencing with a current, valid exemption certificate from the
applicable regulatory authority.
and Data Use
The information Communiqué 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) Communiqué 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 Communiqué
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 Communiqué acting as data processor. More
details about how that information is used can be found in Communiqué's
Website and use of the Services. Copies are also available from
us by post, by contacting customer service.
The Customer is responsible for the content of the messages you communicate
when using our Services as well as the consequences of those messages.
You agree that you will not use our Services to engage in activities
that are illegal, obscene, threatening, defamatory, invade privacy,
infringe intellectual property rights, or otherwise injure third parties
or are objectionable. You may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead us as to your identity.
OF WARRANTIES AND LIMITATION OF LIABILITY UNLESS WE OTHERWISE AGREE
IN WRITING, THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF
ANY KIND. COMMUNIQUÉ EXPRESSLY DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
COMMUNIQUÉ DOES NOT REPRESENT OR WARRANT THAT THE SERVICES
WILL BE ERROR FREE, SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION.
OF PARTIES WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT
LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT
OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH SERVICES PROVIDED
BY US (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE ARE AWARE
OF THE POSSIBILITY OF SUCH DAMAGES. COMMUNIQUÉ TOTAL CUMULATIVE
LIABILITY IN CONNECTION WITH THE SERVICES RENDERED, WHETHER IN CONTRACT
OR TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO
COMMUNIQUÉ HEREUNDER IN THE PAST THREE (3) MONTHS OF THE AGREEMENT
PRIOR TO THE CLAIM.
All rights that are not granted to the Customer are reserved by
Communiqué. The Services, System, our technology, and any
updates or improvements to the Services, System, or our technology,
are owned by Communiqué and its licensors. You understand
that our Services, System and technology contain valuable software
and confidential information and you agree that you will not modify,
reverse engineer, decompile, create other works from, or disassemble
any of our software without our prior written consent.
Subject to Customer's compliance with the terms and conditions of
this Agreement, Communique hereby grants Customer a non-exclusive
license during the applicable Term to use the Services. Except as
specifically set forth herein, Communique 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.
Live Meeting terms and conditions - click
Live Meeting privacy statement - click
ALL SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS"
AND WITHOUT ANY WARRANTY. YOU UNDERSTAND AND AGREE THAT COMMUNIQUE'S
SERVICES AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS
AVAILABLE". COMMUNIQUE 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. COMMUNIQUE MAKES NO WARRANTY OR REPRESENTATION
REGARDING ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED
THROUGH COMMUNIQUE'S SERVICES OR WEBSITES, OR THAT COMMUNIQUE'S
SERVICES WILL MEET ANY OF YOUR REQUIREMENTS, OR BE UNITERRUPTED,
TIMELY, SECURE OR ERROR FREE. USE OF COMMUNIQUE'S SERVICES AND WEBSITE
ARE AT YOUR SOLE RISK. COMMUNIQUE 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 COMMUNIQUE'S REASONABLE CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
COMMUNIQUE, OR ITS SUPPLIERS OR AFFILIATES, BE LIABLE FOR INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGE FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF, OR RESULTING FROM THE SERVICES OR
THIS AGREEMENT WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE, STRICT
LIABILITY OR PRODUCT LIABILITY), CONTRACT OR ANY OTHER LEGAL THEORY,
EVEN IF Communique HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, YOU AGREE
THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT
ARE ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, UP TO THE GREATER
OF THE AMOUNT OF A REFUND OF THE PRICE THAT YOU 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).
You agree to indemnify, defend and hold harmless Communiqué,
its affiliates, officers, directors, employees, consultants and
agents from any and all third party claims, liability, damages and/or
costs (including, but not limited to, attorneys fees) arising from
your infringement, or infringement by any other user of your account,
of any intellectual property or other right of any person or entity.
successors, assigns and licensees.
with the laws of the State of Virginia, without giving effect to
its conflict of laws or your actual state or country of residence.
Communique may, at any time, amend the provisions of this Agreement.
Any amendment proposed by You may only be accepted by Communique
in a non-electronic writing manually signed by authorized representatives
of the parties. Notwithstanding anything in this Section to the
contrary, if Communique 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, You agree to be bound by any such amended provisions.
Therefore, You agree to periodically visit the Website to examine
the then-current Agreement.
May 3, 2010