© 2014 Conferencing Center
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Terms and Conditions (T&Cs)
This is the web site of Conferencing Center.
We can be reached via e-mail at webmaster@conferencingcenter.com.
Client's use of any audio, video and web-based conferencing services and related products and services of the Conferencing Center ("Conferencing Center Services") and its third party suppliers ("Third Party Services" and collectively with the Conferencing Center Services, the "Services") is conditioned upon Client's compliance with, and confirms Client's agreement to be bound by and acceptance of, these T&Cs. If Client does not agree with these T&Cs, Client should not use the Services. These T&Cs may be revised by Conferencing Center from time to time and at any time without notice in Conferencing Center's sole discretion. Client is encouraged to print or download these T&Cs and to regularly check this website to obtain timely notice of any changes to these T&Cs. These T&Cs along with any applicable agreement between Conferencing Center and Client, and any exhibit, schedule and attachment thereto, may be referred to collectively hereafter from time to time as the "Agreement".
1. Service Description
a. These T&Cs govern the purchase and use of the Services. Conferencing Center may alter, expand, or reduce the features of the Services from time to time and without notice to Client. Client agrees that Conferencing Center's obligation to provide Services is conditioned upon Client providing all information and assistance reasonably required to perform the Services, and Client hereby agrees to timely provide all such information and assistance. Conferencing Center reserves the right, in its sole discretion, to modify or discontinue any or all of the Services and any related dial-in numbers or other methods of access at any time for any reason. Without limiting the foregoing, Conferencing Center reserves the right, in its sole discretion, to reclaim any dial-in numbers at any time.
b. Client acknowledges that not all Services can be guaranteed from all locations including but not limited to calls originating from or terminating to mobile telephones, pay phones or satellite phones due to various in-country, carrier or other restrictions. Should any orders for said Services exceed Conferencing Center's available capacity at any given time, Conferencing Center will allocate its available capacity on a basis Conferencing Center deems equitable and without liability on the part of Conferencing Center to Client. Client understands and acknowledges that the manner and means by which Conferencing Center chooses to provide the Services are in Conferencing Center's sole discretion and control. Service will be available in accordance with generally prevailing industry standards, except in the case of scheduled maintenance of the Conferencing Center Services. Conferencing Center will use commercially reasonable efforts to provide prior notification via electronic mail ("email") to Client regarding any scheduled maintenance of Service. Conferencing Center may interrupt its provision of Service for unscheduled emergency maintenance without notice to Client.
2. Credit Review and Security Deposit
Conferencing Center reserves the right to withhold the provision of Services pending initial and ongoing satisfactory credit review and approval thereof which may be conditioned upon terms specified by Conferencing Center, including but not limited to security for payments due hereunder in a form specified by Conferencing Center in its sole discretion. The form of security may include, without limitation, the following: cash deposit via wire transfer, guarantee, irrevocable letter of credit from a financial institution, or other forms of security acceptable to Conferencing Center in its sole discretion. If Client expects a need for additional Services, it must make appropriate adjustments to the amount of its cash deposit, if so required by Conferencing Center. Upon request by Conferencing Center at any time, Client agrees to provide financial statements or other indications of creditworthiness required by Conferencing Center, in it's sole discretion. If the financial circumstances or payment history of Client is or becomes unacceptable to Conferencing Center, in its sole discretion, Conferencing Center may require new or increased security in an amount and form chosen by Conferencing Center in its sole discretion to secure Client's payments for the remainder of the Term and such new or increased security shall be provided within five (5) days of Conferencing Center's written request. Failure of Client to provide the requested security pursuant this Section 2 shall constitute a breach of the Agreement and Conferencing Center may suspend or terminate Services until such time as the required security is received.
3. License; Terms of Use
a. Subject to Client's acceptance and compliance with these T&Cs, Conferencing Center hereby grants Client a non-exclusive, non-transferable, non-sublicensable revocable license to use the Services. Client may not transfer any rights in the use of the Services. Except as specifically set forth herein, Conferencing Center (or its vendors or suppliers, as applicable) retain all right, title and interest, relating to or embodied in the Services, including without limitation all intellectual property rights, technology, telephone numbers, web addresses, software, or systems relating to the Services. Client agrees not to reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any software related to the Services. Client agrees that use of services provide by a third party, such as Microsoft® Office Live Meeting Professional, Adobe® Acrobat® Connect™ Pro is subject to the license agreement of such third party. Client shall not remove, alter or obscure in any way any proprietary rights notices, including but not limited to Conferencing Center's or its suppliers' copyright notices.
b. Other than using the Services for conferences or meetings in which Client or its agents or representatives are active participants, Client may not resell the Services or otherwise generate income from the Services. The Services provided to Client, including any custom application(s) developed by Conferencing Center or resulting from collaboration with Client, and all associated intellectual and proprietary rights are the sole property of Conferencing Center. Client may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or transfer the Services, or any information, software, products or services obtained from or used in connection with the Services.
c. Client is prohibited from abusing the Services of Conferencing Center and its third party suppliers. As a condition of access to Services, Client will not utilize the Services for any purpose that is unlawful or prohibited by these T&Cs. The Services may not be used in any manner that could damage, disable, overburden, or impair any Conferencing Center conference bridge or server, or the network(s) connected to any Conferencing Center conference bridge or server, or interfere with any other party's use and enjoyment of the Services. Client may not attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to any Conferencing Center conference bridge or server or to any of the Services, through hacking, password mining or any other means. Client may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Client is prohibited from transmitting any communications where the intention of the message, or its transmission or distribution, would violate any federal, state, or local law, code, regulation or ordinance. Client is prohibited from transmitting any communication where its distribution would likely be illegal, unsolicited unwanted or offensive to the recipient or for any fraudulent information transmitted using the Services. Client agrees not to use the Services in connection with surveys, contests, pyramid schemes, or unsolicited messages. Conferencing Center reserves the right to terminate the provision of any Service if Client uses the Service in violation of any provision of this Section 3.
4. Security of Access and Content
a. Client must complete Conferencing Center's required registration process by providing Conferencing Center with current, complete and accurate information as prompted. Client will be assigned an account with access numbers, keys, passcodes and/or passwords. Client is entirely responsible for maintaining the confidentiality of Client's accounts, owner numbers, conference codes, access numbers, keys, passcodes, personal identification numbers and passwords used in conjunction with the Services and for all uses of the Services in association with Client's account (whether or not authorized by Client). Client agrees to notify Conferencing Center immediately of any unauthorized use of the account or any other breach of security. Client is responsible for any and all activities that may occur under Client's account, including but not limited to fraudulent calls or information transmitted utilizing the Services. Conferencing Center will not be liable for any loss that may be incurred as a result of any person not authorized by Client using Client's password or account, either with or without the Client's knowledge. Client shall be liable for, and shall defend, indemnify and hold harmless Conferencing Center from and against, any losses incurred by Conferencing Center due to someone else accessing the Client's account or password. Client may not, at any time, use anyone else's account or password without the permission of the account holder. Conferencing Center does not sell products or services to children. Client shall not allow children under the age of 18 to use the Services without the direct supervision of a parent or guardian.
b. Conferencing Center shall have no duty to determine the level of security necessary for a conference call. No extra security precautions will be undertaken by Conferencing Center unless Client has so requested. Client further acknowledges and agrees that Conferencing Center does not control Client's content nor guarantee the accuracy, integrity, security or quality of Client's content.
5. Termination
a. This Agreement may be terminated by either party upon a material breach of the Agreement by the other party and such breach is not cured within thirty (30) days after written notice or within ten (10) days after written notice if the breach is a failure of Client to pay monies owed by a specific date set forth in an invoice.
b. Notwithstanding the foregoing, Conferencing Center may terminate this Agreement and/or suspend the provision of Services immediately for cause if: (i) Client becomes insolvent, bankrupt, subject to receivership or dissolves; (ii) Client commits any act, or omits to take any action, which subjects Conferencing Center to any fine, penalty, complaint, inquiry or investigation regarding any other unfair, illegal and/or unethical business practices; or (iii) illegal, fraudulent, improper or abusive use of the Services, as determined in Conferencing Center's sole and absolute discretion; (iv) Conferencing Center deems it reasonably necessary to prevent interruption or disruption to Conferencing Center's network, its business, its vendors or other clients; (v) Client uses trademarks or intellectual property of Conferencing Center or its vendors without written consent from Conferencing Center or its vendors; (vi) any portion of an invoice not reasonably disputed in good faith as herein provided remains unpaid for a period of ten (10) days after the due date; or (vii) for breach, not subject to cure. Conferencing Center shall not be liable to Client or any third party should Conferencing Center exercise its right to discontinue Services, in whole or in part, or terminate this Agreement pursuant to this Section 5(b).
c. If Client uses Services pursuant to a promotional offer granting free Services and/or a free trial for Services ("Free Services"), Client will receive use of the Free Services solely for a limited period of time and all use of all Free Services shall be subject to these T&Cs and any and all other restrictions, limitations and conditions identified or communicated to Client with the specific Free Services offer. Notwithstanding any other provision in this Agreement, all Free Services are provided solely as an accommodation to Client, and Conferencing Center reserves the right, at all times and in its sole discretion, to terminate any Free Services at any time without notice, including without limitation for any abuse of the Free Services.
6. Privacy and Data Use
Each party will comply with all applicable personal data protection and privacy laws (the "Data Protection Laws"). Client acknowledges and agrees that Conferencing Center may have access to personal data under the Data Protection Laws and may: (a) use such data to provide the Services and for identification, account administration, analysis and fraud/loss prevention purposes; (b) process it only in accordance with Client's instructions; and (c) take appropriate technical and organizational measures to prevent unauthorized or unlawful processing, accidental loss, destruction or damage to it. Client further acknowledges and agrees that Client is the data controller and retains full responsibility for the data processed on its behalf by Conferencing Center acting as data.
7. Proprietary Information and Non-Disclosure
Each party (the "Receiving Party") acknowledges that the other party (the "Disclosing Party") may transmit to the Receiving Party information which is considered proprietary, confidential and/or competitively-sensitive by the Disclosing Party and agrees to take all reasonable and necessary steps to preserve the confidentiality of all information designated by the Disclosing Party, in writing or orally, as such ("Proprietary Information"). Such Proprietary Information may include, but is not limited to, trade secrets, know-how, inventions, techniques, processes, computer programs, schematics, data, Client lists, financial information and sales and marketing plans. Without limiting the foregoing, these T&Cs and the pricing terms referenced herein shall be considered Proprietary Information of Conferencing Center. Proprietary Information shall not be used, or allowed to be used, by the Receiving Party for any purpose other than to facilitate the performance of its obligations to the Disclosing Party or disclosed to any third party without the Disclosing Party's prior written consent, unless such disclosure is compelled by law or order of a court or other governmental authority. Proprietary Information disclosed to the Receiving Party is and shall remain the property of the Disclosing Party. The Receiving Party shall return all Proprietary Information and all copies thereof to the Disclosing Party or destroy all Proprietary Information in its possession, custody or control in whatever form held promptly upon the reasonable written request of the Disclosing Party. The obligations set forth in this Section 7 shall survive termination of the Agreement. Proprietary Information shall not include (i) information which at the time of disclosure was generally available to the public; (ii) information which subsequent to its disclosure is published or otherwise becomes available to the public through any means other than an act or omission of the Receiving Party; (iii) information which was previously known to the Receiving Party free of any obligation to keep it confidential or which is subsequently developed in good faith by the Receiving Party; or (iv) information rightfully acquired in good faith from a third party on a non-confidential basis without breach of an agreement to maintain said information in confidence.
8. Trademarks and Trade Names
Except as required for use of the Services, Client has no right or license to use any of the service marks, trademarks, copyrights, patents or trade names owned by, licensed to or associated with Conferencing Center or its third party suppliers (the "Conferencing Center Marks") without the express written consent from Conferencing Center. Client shall not take any action which would compromise the registered trademarks or service marks of Conferencing Center. Despite prior approval, Client will immediately cease and desist using the Conferencing Center Marks upon notice from Conferencing Center or upon termination of any applicable agreement between Conferencing Center and Client. Any use by Client of the Conferencing Center Marks other than as described above will constitute a breach of these T&Cs for which, in addition to any other remedies available at law or in equity, Conferencing Center may terminate the provision of Services to Client and terminate any applicable agreement between Conferencing Center and Client.
9. Call Recording
Client authorizes Conferencing Center to monitor Client's use of the Services. Client acknowledges and agrees that Conferencing Center may record calls for various purposes, including but not limited to quality assurance, customer satisfaction and sales follow-up, and Client further consents to Conferencing Center's use of automatic dialing equipment to contact Client. Use of conference recording features initiated by Client may subject Client to State and/or Federal laws or regulations regarding the notification to participants of the use of these features. Client is solely responsible for and obligated to provide any required notification to participants prior to commencement of such recording. Client acknowledges and agrees that Conferencing Center has not provided, and is not expected to provide, Client with any analysis, interpretation or advice regarding Client's compliance with the above, and Conferencing Center shall have no responsibility for any such required notification to conference call participants.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONFERENCING CENTER, OR ITS SUPPLIERS OR THEIR AFFILIATES, BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER OR LOSS OF GOODWILL OR PROFITS, ARISING OUT OF, RESULTING FROM OR RELATING TO THE SERVICES, THESE T&Cs OR ANY AGREEMENT BETWEEN CONFERENCING CENTER AND CLIENT, REGARDLESS OF THE LEGAL THEORY OF RECOVERY, EVEN IF CONFERENCING CENTER HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, CLIENT AGREES THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR OUTAGE CREDITS DESCRIBED AND AGREED TO BY ALL PARTIES REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, OR OTHER LEGAL THEORY).
11. Indemnification
Client shall defend, indemnify and hold harmless Conferencing Center, its officers, directors, employees, agents, affiliates and suppliers from and against any and all alleged or actual losses, costs, claims, liability of any kind, damages (including to any tangible property or bodily injury to or death of any person), or expense of whatever nature (including reasonable attorneys' fees and expert witness fees) to or by any third party relating to or arising from any breach of this Agreement by Client. Client's indemnification in this Section 11 includes any alleged or actual losses or claims in connection with unauthorized access to or use of the Service(s) by any third party, regardless if such unauthorized access is unintentional, accidental, intentional or by fraud, and regardless of whether Client had knowledge of such unauthorized access. In all such cases of unauthorized access, Client agrees that it shall be liable for any and all charges for the Service(s) provided by Conferencing Center. The obligations contained in this Section 11 shall survive any termination or suspension of the Services contemplated herein, termination of any agreement between Conferencing Center and Client and termination of any exhibit, schedule or attachment thereto.
12. No Warranties and Assumption of Risk
ALL SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY. WITHOUT LIMITNG THE FOREGOING, CONFERENCING CENTER AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED OR ANTICIPATED FROM THE USE OF THE SERVICES, AND ANY MATERIAL, AND/OR DATA DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT CLIENT'S OWN DISCRETION AND RISK. CONFERENCING CENTER MAKES NO WARRANTY OR GUARANTEE FOR ANY PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY VENDORS SUGGESTED AND/OR RECOMMENDED TO CLIENT BY CONFERENCING CENTER. CONFERENCING CENTER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET CLIENT'S REQUIREMENTS OR THAT CONFERENCING CENTER WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. CONFERENCING CENTER EXERCISES NO CONTROL OVER, AND HEREBY DISCLAIMS ANY RESPONSIBILITY FOR, THE ACCURACY AND QUALITY OF ANY INFORMATION OR CONTENT TRANSMITTED WITH THE USE OF THE SERVICE. CLIENT ACKNOWLEDGES AND AGREES THAT CONFERENCING CENTER DOES NOT OWN THE UNDERLYING TELECOMMUNICATIONS FACILITIES OR EQUIPMENT UTILIZED TO PROVIDE THE SERVICES AND IS ONLY RESPONSIBLE FOR THE PERFORMANCE OR NON-PERFORMANCE THEREOF TO THE EXTENT EXPRESSLY SET FORTH HEREIN. CLIENT HEREBY EXPRESSLY ASSUMES THE RISK OF ITS USE OF THE SERVICE AND ANY INFORMATION TRANSMITTED VIA THE SERVICE.
13. Severability
In the event any provision of these T&Cs conflicts with the law under which these T&Cs are to be construed or if any such provision is held invalid, illegal or unenforceable by a court with jurisdiction over the parties to these T&Cs, such provision shall be deemed to be restated to reflect as nearly as possible the original intention of the parties in accordance with the applicable law, and the remainder of these T&Cs shall remain in full force and effect. The illegality or unenforceability of any provision of these T&Cs shall not affect the legality or enforceability of any other provision or portion of these T&Cs.
14. Client Content and Conduct
Client warrants and represents that it is the owner or licensee of any content that it uploads, records or otherwise transmits through the Services, including but not limited to photographs, caricatures, illustrations, designs, icons, articles, text, audio clips, and video clips (collectively, "Client Content").
a. Client warrants and represents it will not publish, post, upload, record or otherwise transmit Client Content that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising); (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or child pornographic; (v) contains any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
b. Client agrees to comply with applicable United States export laws and regulations regarding the transmission of technical data exported from the United States through the Services. Client agrees not to: (1) use the Services in connection with chain letters, junk mail, surveys, contests, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise); (2) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity not authorized by Conferencing Center, any directory of Clients or any information thereof other than in the context of Client's access to or utilization of Services; (4) knowingly interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; (5) attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (6) use the Services for illegal purposes (including without limitation, gambling or betting).
15. CPNI
Conferencing Center acknowledges that it has a duty, and Client has a right, under federal and/or state law to protect the confidentiality of Client's proprietary network information ("CPNI"). Such CPNI includes information about the Services purchased by Client from Conferencing Center, Client account activity (for example, telephone numbers) and charges incurred by Client. With Client's consent, Conferencing Center may use this information for marketing purposes to offer Client the full range of products and services available from Conferencing Center that may be different from the type of Services Client currently buys from Conferencing Center. Conferencing Center may also share Client information with its affiliates, agents and partners to offer additional services and products. Conferencing Center requires Client's consent for Conferencing Center and its affiliates, agents and partners to use this information to offer additional services and products. Client gives Conferencing Center Client's consent to use and disclose Client CPNI as described above. Client may refuse CPNI consent by notifying Conferencing Center in writing of Client's decision to withhold Client's consent. Client's consent or refusal to consent will remain valid until Client otherwise advises Conferencing Center in writing. Client's decision to approve or disapprove use or disclosure of Client CPNI as described in this Section 15 will not affect Conferencing Center's provision of Service to Client.
16. Governing Law, etc.
These T&Cs and any existing Agreement between Conferencing Center and Client shall be governed by, construed under, and enforced in accordance with, the laws of the State of Connecticut without reference to its choice of law principles. For any action or suit to enforce any right or remedy of this Agreement (except for actions to enter or collect on judgments), each party consents to exclusive jurisdiction and venue in the state and federal courts for Fairfield County, Connecticut. Client agrees to service of process by mail directed to Client's billing address. Client waives any and all defenses including but not limited to sovereign immunity, lack of personal jurisdiction and forum non-conveniens and expressly waive any right to bring suit or have any action heard in Client's local courts. Client agrees that any claim or cause of action arising out of or related to this Agreement must be commenced by Client within one (1) year after the cause of action arose. The English language version of these T&Cs controls and any and all claims must be delivered in English.
17. Assignment
No agreement between Conferencing Center and Client, nor any of Client's rights or obligations thereunder, may be sold, assigned, encumbered or transferred by operation of law or otherwise, without the prior written approval of Conferencing Center, which consent shall not be unreasonably withheld. Conferencing Center may freely transfer, assign or otherwise manner encumber any such agreement and its rights and obligations thereunder.
18. Notices
Unless otherwise set forth herein, all notices, demands, consents, requests, approvals or other communication which either Party is required or desires to give or make upon or to the other Party ("Notices") shall be in writing, in English, and will be effective when sent, if hand delivered or faxed (with confirmation of receipt); on the next business day if sent by a generally recognized overnight delivery service (subject to confirmation from the service); or on the date received if sent by United States certified or registered mail, return receipt requested. Such Notices to Client will be sent to the address first set forth in the Agreement. Notifications to Conferencing Center shall be addressed to: legal@conferencingcenter.com. Either Party may change its address by giving written notice of such changes to the other party in accordance with this Agreement. Client acknowledges that it is Client's sole responsibility to supply immediate notice to Conferencing Center if Client changes any of its contact information. If at any time Client's name or billing information changes from that which is set forth above, Client shall have five (5) days to inform Conferencing Center of such changes in accordance with the Notice provisions set forth in the Agreement. CLIENT AGREES TO BE SOLELY RESPONSIBLE FOR REGULARLY REVIEWING THE CONFERENCING CENTER WEBSITE TO OBTAIN TIMELY NOTICE OF ANY AMENDMENTS TO THESE T&Cs. BY USING THE SERVICES AFTER POSTING OF AMENDED T&CS, CLIENT WILL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY SUCH AMENDED T&CS. FOR THE AVOIDANCE OF DOUBT, AND NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION HEREIN OR IN ANY EXHIBIT, SCHEDULE OR ATTACHMENT TO THE CONTRARY, NO NOTICE OF ANY KIND, WRITTEN OR OTHERWISE, IS REQUIRED FOR CHANGES TO MONTHLY SERVICE CHARGES OR FEES FOR OTHER CHARGES. No such amendment by Conferencing Center shall serve to constitute a default or termination by Conferencing Center of this Agreement, nor shall such amendment serve to be a basis for Client's termination of this Agreement.
19. Force Majeure
Conferencing Center 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 Conferencing Center's control, whether or not similar to the foregoing.
20. Attorneys Fees and Costs
In the event Conferencing Center seeks to enforce any of these T&Cs or the terms and conditions of any agreement between Conferencing Center and Client, or to protect any of its rights or privileges hereunder or thereunder, either informally or through formal legal action, Client shall be liable for all costs incurred by Conferencing Center as a result thereof, including but not limited to reasonable attorney's fees and court costs (if applicable).
Date last revised: 01.20.2014
This is the web site of Conferencing Center.
We can be reached via e-mail at webmaster@conferencingcenter.com.
Client's use of any audio, video and web-based conferencing services and related products and services of the Conferencing Center ("Conferencing Center Services") and its third party suppliers ("Third Party Services" and collectively with the Conferencing Center Services, the "Services") is conditioned upon Client's compliance with, and confirms Client's agreement to be bound by and acceptance of, these T&Cs. If Client does not agree with these T&Cs, Client should not use the Services. These T&Cs may be revised by Conferencing Center from time to time and at any time without notice in Conferencing Center's sole discretion. Client is encouraged to print or download these T&Cs and to regularly check this website to obtain timely notice of any changes to these T&Cs. These T&Cs along with any applicable agreement between Conferencing Center and Client, and any exhibit, schedule and attachment thereto, may be referred to collectively hereafter from time to time as the "Agreement".
1. Service Description
a. These T&Cs govern the purchase and use of the Services. Conferencing Center may alter, expand, or reduce the features of the Services from time to time and without notice to Client. Client agrees that Conferencing Center's obligation to provide Services is conditioned upon Client providing all information and assistance reasonably required to perform the Services, and Client hereby agrees to timely provide all such information and assistance. Conferencing Center reserves the right, in its sole discretion, to modify or discontinue any or all of the Services and any related dial-in numbers or other methods of access at any time for any reason. Without limiting the foregoing, Conferencing Center reserves the right, in its sole discretion, to reclaim any dial-in numbers at any time.
b. Client acknowledges that not all Services can be guaranteed from all locations including but not limited to calls originating from or terminating to mobile telephones, pay phones or satellite phones due to various in-country, carrier or other restrictions. Should any orders for said Services exceed Conferencing Center's available capacity at any given time, Conferencing Center will allocate its available capacity on a basis Conferencing Center deems equitable and without liability on the part of Conferencing Center to Client. Client understands and acknowledges that the manner and means by which Conferencing Center chooses to provide the Services are in Conferencing Center's sole discretion and control. Service will be available in accordance with generally prevailing industry standards, except in the case of scheduled maintenance of the Conferencing Center Services. Conferencing Center will use commercially reasonable efforts to provide prior notification via electronic mail ("email") to Client regarding any scheduled maintenance of Service. Conferencing Center may interrupt its provision of Service for unscheduled emergency maintenance without notice to Client.
2. Credit Review and Security Deposit
Conferencing Center reserves the right to withhold the provision of Services pending initial and ongoing satisfactory credit review and approval thereof which may be conditioned upon terms specified by Conferencing Center, including but not limited to security for payments due hereunder in a form specified by Conferencing Center in its sole discretion. The form of security may include, without limitation, the following: cash deposit via wire transfer, guarantee, irrevocable letter of credit from a financial institution, or other forms of security acceptable to Conferencing Center in its sole discretion. If Client expects a need for additional Services, it must make appropriate adjustments to the amount of its cash deposit, if so required by Conferencing Center. Upon request by Conferencing Center at any time, Client agrees to provide financial statements or other indications of creditworthiness required by Conferencing Center, in it's sole discretion. If the financial circumstances or payment history of Client is or becomes unacceptable to Conferencing Center, in its sole discretion, Conferencing Center may require new or increased security in an amount and form chosen by Conferencing Center in its sole discretion to secure Client's payments for the remainder of the Term and such new or increased security shall be provided within five (5) days of Conferencing Center's written request. Failure of Client to provide the requested security pursuant this Section 2 shall constitute a breach of the Agreement and Conferencing Center may suspend or terminate Services until such time as the required security is received.
3. License; Terms of Use
a. Subject to Client's acceptance and compliance with these T&Cs, Conferencing Center hereby grants Client a non-exclusive, non-transferable, non-sublicensable revocable license to use the Services. Client may not transfer any rights in the use of the Services. Except as specifically set forth herein, Conferencing Center (or its vendors or suppliers, as applicable) retain all right, title and interest, relating to or embodied in the Services, including without limitation all intellectual property rights, technology, telephone numbers, web addresses, software, or systems relating to the Services. Client agrees not to reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any software related to the Services. Client agrees that use of services provide by a third party, such as Microsoft® Office Live Meeting Professional, Adobe® Acrobat® Connect™ Pro is subject to the license agreement of such third party. Client shall not remove, alter or obscure in any way any proprietary rights notices, including but not limited to Conferencing Center's or its suppliers' copyright notices.
b. Other than using the Services for conferences or meetings in which Client or its agents or representatives are active participants, Client may not resell the Services or otherwise generate income from the Services. The Services provided to Client, including any custom application(s) developed by Conferencing Center or resulting from collaboration with Client, and all associated intellectual and proprietary rights are the sole property of Conferencing Center. Client may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or transfer the Services, or any information, software, products or services obtained from or used in connection with the Services.
c. Client is prohibited from abusing the Services of Conferencing Center and its third party suppliers. As a condition of access to Services, Client will not utilize the Services for any purpose that is unlawful or prohibited by these T&Cs. The Services may not be used in any manner that could damage, disable, overburden, or impair any Conferencing Center conference bridge or server, or the network(s) connected to any Conferencing Center conference bridge or server, or interfere with any other party's use and enjoyment of the Services. Client may not attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to any Conferencing Center conference bridge or server or to any of the Services, through hacking, password mining or any other means. Client may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Client is prohibited from transmitting any communications where the intention of the message, or its transmission or distribution, would violate any federal, state, or local law, code, regulation or ordinance. Client is prohibited from transmitting any communication where its distribution would likely be illegal, unsolicited unwanted or offensive to the recipient or for any fraudulent information transmitted using the Services. Client agrees not to use the Services in connection with surveys, contests, pyramid schemes, or unsolicited messages. Conferencing Center reserves the right to terminate the provision of any Service if Client uses the Service in violation of any provision of this Section 3.
4. Security of Access and Content
a. Client must complete Conferencing Center's required registration process by providing Conferencing Center with current, complete and accurate information as prompted. Client will be assigned an account with access numbers, keys, passcodes and/or passwords. Client is entirely responsible for maintaining the confidentiality of Client's accounts, owner numbers, conference codes, access numbers, keys, passcodes, personal identification numbers and passwords used in conjunction with the Services and for all uses of the Services in association with Client's account (whether or not authorized by Client). Client agrees to notify Conferencing Center immediately of any unauthorized use of the account or any other breach of security. Client is responsible for any and all activities that may occur under Client's account, including but not limited to fraudulent calls or information transmitted utilizing the Services. Conferencing Center will not be liable for any loss that may be incurred as a result of any person not authorized by Client using Client's password or account, either with or without the Client's knowledge. Client shall be liable for, and shall defend, indemnify and hold harmless Conferencing Center from and against, any losses incurred by Conferencing Center due to someone else accessing the Client's account or password. Client may not, at any time, use anyone else's account or password without the permission of the account holder. Conferencing Center does not sell products or services to children. Client shall not allow children under the age of 18 to use the Services without the direct supervision of a parent or guardian.
b. Conferencing Center shall have no duty to determine the level of security necessary for a conference call. No extra security precautions will be undertaken by Conferencing Center unless Client has so requested. Client further acknowledges and agrees that Conferencing Center does not control Client's content nor guarantee the accuracy, integrity, security or quality of Client's content.
5. Termination
a. This Agreement may be terminated by either party upon a material breach of the Agreement by the other party and such breach is not cured within thirty (30) days after written notice or within ten (10) days after written notice if the breach is a failure of Client to pay monies owed by a specific date set forth in an invoice.
b. Notwithstanding the foregoing, Conferencing Center may terminate this Agreement and/or suspend the provision of Services immediately for cause if: (i) Client becomes insolvent, bankrupt, subject to receivership or dissolves; (ii) Client commits any act, or omits to take any action, which subjects Conferencing Center to any fine, penalty, complaint, inquiry or investigation regarding any other unfair, illegal and/or unethical business practices; or (iii) illegal, fraudulent, improper or abusive use of the Services, as determined in Conferencing Center's sole and absolute discretion; (iv) Conferencing Center deems it reasonably necessary to prevent interruption or disruption to Conferencing Center's network, its business, its vendors or other clients; (v) Client uses trademarks or intellectual property of Conferencing Center or its vendors without written consent from Conferencing Center or its vendors; (vi) any portion of an invoice not reasonably disputed in good faith as herein provided remains unpaid for a period of ten (10) days after the due date; or (vii) for breach, not subject to cure. Conferencing Center shall not be liable to Client or any third party should Conferencing Center exercise its right to discontinue Services, in whole or in part, or terminate this Agreement pursuant to this Section 5(b).
c. If Client uses Services pursuant to a promotional offer granting free Services and/or a free trial for Services ("Free Services"), Client will receive use of the Free Services solely for a limited period of time and all use of all Free Services shall be subject to these T&Cs and any and all other restrictions, limitations and conditions identified or communicated to Client with the specific Free Services offer. Notwithstanding any other provision in this Agreement, all Free Services are provided solely as an accommodation to Client, and Conferencing Center reserves the right, at all times and in its sole discretion, to terminate any Free Services at any time without notice, including without limitation for any abuse of the Free Services.
6. Privacy and Data Use
Each party will comply with all applicable personal data protection and privacy laws (the "Data Protection Laws"). Client acknowledges and agrees that Conferencing Center may have access to personal data under the Data Protection Laws and may: (a) use such data to provide the Services and for identification, account administration, analysis and fraud/loss prevention purposes; (b) process it only in accordance with Client's instructions; and (c) take appropriate technical and organizational measures to prevent unauthorized or unlawful processing, accidental loss, destruction or damage to it. Client further acknowledges and agrees that Client is the data controller and retains full responsibility for the data processed on its behalf by Conferencing Center acting as data.
7. Proprietary Information and Non-Disclosure
Each party (the "Receiving Party") acknowledges that the other party (the "Disclosing Party") may transmit to the Receiving Party information which is considered proprietary, confidential and/or competitively-sensitive by the Disclosing Party and agrees to take all reasonable and necessary steps to preserve the confidentiality of all information designated by the Disclosing Party, in writing or orally, as such ("Proprietary Information"). Such Proprietary Information may include, but is not limited to, trade secrets, know-how, inventions, techniques, processes, computer programs, schematics, data, Client lists, financial information and sales and marketing plans. Without limiting the foregoing, these T&Cs and the pricing terms referenced herein shall be considered Proprietary Information of Conferencing Center. Proprietary Information shall not be used, or allowed to be used, by the Receiving Party for any purpose other than to facilitate the performance of its obligations to the Disclosing Party or disclosed to any third party without the Disclosing Party's prior written consent, unless such disclosure is compelled by law or order of a court or other governmental authority. Proprietary Information disclosed to the Receiving Party is and shall remain the property of the Disclosing Party. The Receiving Party shall return all Proprietary Information and all copies thereof to the Disclosing Party or destroy all Proprietary Information in its possession, custody or control in whatever form held promptly upon the reasonable written request of the Disclosing Party. The obligations set forth in this Section 7 shall survive termination of the Agreement. Proprietary Information shall not include (i) information which at the time of disclosure was generally available to the public; (ii) information which subsequent to its disclosure is published or otherwise becomes available to the public through any means other than an act or omission of the Receiving Party; (iii) information which was previously known to the Receiving Party free of any obligation to keep it confidential or which is subsequently developed in good faith by the Receiving Party; or (iv) information rightfully acquired in good faith from a third party on a non-confidential basis without breach of an agreement to maintain said information in confidence.
8. Trademarks and Trade Names
Except as required for use of the Services, Client has no right or license to use any of the service marks, trademarks, copyrights, patents or trade names owned by, licensed to or associated with Conferencing Center or its third party suppliers (the "Conferencing Center Marks") without the express written consent from Conferencing Center. Client shall not take any action which would compromise the registered trademarks or service marks of Conferencing Center. Despite prior approval, Client will immediately cease and desist using the Conferencing Center Marks upon notice from Conferencing Center or upon termination of any applicable agreement between Conferencing Center and Client. Any use by Client of the Conferencing Center Marks other than as described above will constitute a breach of these T&Cs for which, in addition to any other remedies available at law or in equity, Conferencing Center may terminate the provision of Services to Client and terminate any applicable agreement between Conferencing Center and Client.
9. Call Recording
Client authorizes Conferencing Center to monitor Client's use of the Services. Client acknowledges and agrees that Conferencing Center may record calls for various purposes, including but not limited to quality assurance, customer satisfaction and sales follow-up, and Client further consents to Conferencing Center's use of automatic dialing equipment to contact Client. Use of conference recording features initiated by Client may subject Client to State and/or Federal laws or regulations regarding the notification to participants of the use of these features. Client is solely responsible for and obligated to provide any required notification to participants prior to commencement of such recording. Client acknowledges and agrees that Conferencing Center has not provided, and is not expected to provide, Client with any analysis, interpretation or advice regarding Client's compliance with the above, and Conferencing Center shall have no responsibility for any such required notification to conference call participants.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONFERENCING CENTER, OR ITS SUPPLIERS OR THEIR AFFILIATES, BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER OR LOSS OF GOODWILL OR PROFITS, ARISING OUT OF, RESULTING FROM OR RELATING TO THE SERVICES, THESE T&Cs OR ANY AGREEMENT BETWEEN CONFERENCING CENTER AND CLIENT, REGARDLESS OF THE LEGAL THEORY OF RECOVERY, EVEN IF CONFERENCING CENTER HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, CLIENT AGREES THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR OUTAGE CREDITS DESCRIBED AND AGREED TO BY ALL PARTIES REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, OR OTHER LEGAL THEORY).
11. Indemnification
Client shall defend, indemnify and hold harmless Conferencing Center, its officers, directors, employees, agents, affiliates and suppliers from and against any and all alleged or actual losses, costs, claims, liability of any kind, damages (including to any tangible property or bodily injury to or death of any person), or expense of whatever nature (including reasonable attorneys' fees and expert witness fees) to or by any third party relating to or arising from any breach of this Agreement by Client. Client's indemnification in this Section 11 includes any alleged or actual losses or claims in connection with unauthorized access to or use of the Service(s) by any third party, regardless if such unauthorized access is unintentional, accidental, intentional or by fraud, and regardless of whether Client had knowledge of such unauthorized access. In all such cases of unauthorized access, Client agrees that it shall be liable for any and all charges for the Service(s) provided by Conferencing Center. The obligations contained in this Section 11 shall survive any termination or suspension of the Services contemplated herein, termination of any agreement between Conferencing Center and Client and termination of any exhibit, schedule or attachment thereto.
12. No Warranties and Assumption of Risk
ALL SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY. WITHOUT LIMITNG THE FOREGOING, CONFERENCING CENTER AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED OR ANTICIPATED FROM THE USE OF THE SERVICES, AND ANY MATERIAL, AND/OR DATA DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT CLIENT'S OWN DISCRETION AND RISK. CONFERENCING CENTER MAKES NO WARRANTY OR GUARANTEE FOR ANY PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY VENDORS SUGGESTED AND/OR RECOMMENDED TO CLIENT BY CONFERENCING CENTER. CONFERENCING CENTER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET CLIENT'S REQUIREMENTS OR THAT CONFERENCING CENTER WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. CONFERENCING CENTER EXERCISES NO CONTROL OVER, AND HEREBY DISCLAIMS ANY RESPONSIBILITY FOR, THE ACCURACY AND QUALITY OF ANY INFORMATION OR CONTENT TRANSMITTED WITH THE USE OF THE SERVICE. CLIENT ACKNOWLEDGES AND AGREES THAT CONFERENCING CENTER DOES NOT OWN THE UNDERLYING TELECOMMUNICATIONS FACILITIES OR EQUIPMENT UTILIZED TO PROVIDE THE SERVICES AND IS ONLY RESPONSIBLE FOR THE PERFORMANCE OR NON-PERFORMANCE THEREOF TO THE EXTENT EXPRESSLY SET FORTH HEREIN. CLIENT HEREBY EXPRESSLY ASSUMES THE RISK OF ITS USE OF THE SERVICE AND ANY INFORMATION TRANSMITTED VIA THE SERVICE.
13. Severability
In the event any provision of these T&Cs conflicts with the law under which these T&Cs are to be construed or if any such provision is held invalid, illegal or unenforceable by a court with jurisdiction over the parties to these T&Cs, such provision shall be deemed to be restated to reflect as nearly as possible the original intention of the parties in accordance with the applicable law, and the remainder of these T&Cs shall remain in full force and effect. The illegality or unenforceability of any provision of these T&Cs shall not affect the legality or enforceability of any other provision or portion of these T&Cs.
14. Client Content and Conduct
Client warrants and represents that it is the owner or licensee of any content that it uploads, records or otherwise transmits through the Services, including but not limited to photographs, caricatures, illustrations, designs, icons, articles, text, audio clips, and video clips (collectively, "Client Content").
a. Client warrants and represents it will not publish, post, upload, record or otherwise transmit Client Content that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising); (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or child pornographic; (v) contains any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
b. Client agrees to comply with applicable United States export laws and regulations regarding the transmission of technical data exported from the United States through the Services. Client agrees not to: (1) use the Services in connection with chain letters, junk mail, surveys, contests, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise); (2) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity not authorized by Conferencing Center, any directory of Clients or any information thereof other than in the context of Client's access to or utilization of Services; (4) knowingly interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; (5) attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; or (6) use the Services for illegal purposes (including without limitation, gambling or betting).
15. CPNI
Conferencing Center acknowledges that it has a duty, and Client has a right, under federal and/or state law to protect the confidentiality of Client's proprietary network information ("CPNI"). Such CPNI includes information about the Services purchased by Client from Conferencing Center, Client account activity (for example, telephone numbers) and charges incurred by Client. With Client's consent, Conferencing Center may use this information for marketing purposes to offer Client the full range of products and services available from Conferencing Center that may be different from the type of Services Client currently buys from Conferencing Center. Conferencing Center may also share Client information with its affiliates, agents and partners to offer additional services and products. Conferencing Center requires Client's consent for Conferencing Center and its affiliates, agents and partners to use this information to offer additional services and products. Client gives Conferencing Center Client's consent to use and disclose Client CPNI as described above. Client may refuse CPNI consent by notifying Conferencing Center in writing of Client's decision to withhold Client's consent. Client's consent or refusal to consent will remain valid until Client otherwise advises Conferencing Center in writing. Client's decision to approve or disapprove use or disclosure of Client CPNI as described in this Section 15 will not affect Conferencing Center's provision of Service to Client.
16. Governing Law, etc.
These T&Cs and any existing Agreement between Conferencing Center and Client shall be governed by, construed under, and enforced in accordance with, the laws of the State of Connecticut without reference to its choice of law principles. For any action or suit to enforce any right or remedy of this Agreement (except for actions to enter or collect on judgments), each party consents to exclusive jurisdiction and venue in the state and federal courts for Fairfield County, Connecticut. Client agrees to service of process by mail directed to Client's billing address. Client waives any and all defenses including but not limited to sovereign immunity, lack of personal jurisdiction and forum non-conveniens and expressly waive any right to bring suit or have any action heard in Client's local courts. Client agrees that any claim or cause of action arising out of or related to this Agreement must be commenced by Client within one (1) year after the cause of action arose. The English language version of these T&Cs controls and any and all claims must be delivered in English.
17. Assignment
No agreement between Conferencing Center and Client, nor any of Client's rights or obligations thereunder, may be sold, assigned, encumbered or transferred by operation of law or otherwise, without the prior written approval of Conferencing Center, which consent shall not be unreasonably withheld. Conferencing Center may freely transfer, assign or otherwise manner encumber any such agreement and its rights and obligations thereunder.
18. Notices
Unless otherwise set forth herein, all notices, demands, consents, requests, approvals or other communication which either Party is required or desires to give or make upon or to the other Party ("Notices") shall be in writing, in English, and will be effective when sent, if hand delivered or faxed (with confirmation of receipt); on the next business day if sent by a generally recognized overnight delivery service (subject to confirmation from the service); or on the date received if sent by United States certified or registered mail, return receipt requested. Such Notices to Client will be sent to the address first set forth in the Agreement. Notifications to Conferencing Center shall be addressed to: legal@conferencingcenter.com. Either Party may change its address by giving written notice of such changes to the other party in accordance with this Agreement. Client acknowledges that it is Client's sole responsibility to supply immediate notice to Conferencing Center if Client changes any of its contact information. If at any time Client's name or billing information changes from that which is set forth above, Client shall have five (5) days to inform Conferencing Center of such changes in accordance with the Notice provisions set forth in the Agreement. CLIENT AGREES TO BE SOLELY RESPONSIBLE FOR REGULARLY REVIEWING THE CONFERENCING CENTER WEBSITE TO OBTAIN TIMELY NOTICE OF ANY AMENDMENTS TO THESE T&Cs. BY USING THE SERVICES AFTER POSTING OF AMENDED T&CS, CLIENT WILL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY SUCH AMENDED T&CS. FOR THE AVOIDANCE OF DOUBT, AND NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION HEREIN OR IN ANY EXHIBIT, SCHEDULE OR ATTACHMENT TO THE CONTRARY, NO NOTICE OF ANY KIND, WRITTEN OR OTHERWISE, IS REQUIRED FOR CHANGES TO MONTHLY SERVICE CHARGES OR FEES FOR OTHER CHARGES. No such amendment by Conferencing Center shall serve to constitute a default or termination by Conferencing Center of this Agreement, nor shall such amendment serve to be a basis for Client's termination of this Agreement.
19. Force Majeure
Conferencing Center 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 Conferencing Center's control, whether or not similar to the foregoing.
20. Attorneys Fees and Costs
In the event Conferencing Center seeks to enforce any of these T&Cs or the terms and conditions of any agreement between Conferencing Center and Client, or to protect any of its rights or privileges hereunder or thereunder, either informally or through formal legal action, Client shall be liable for all costs incurred by Conferencing Center as a result thereof, including but not limited to reasonable attorney's fees and court costs (if applicable).
Date last revised: 01.20.2014