Introduction

These terms and conditions create an agreement (the “contract”) between you (the “customer”) and ConferenceLabs Ltd (“ConferenceLabs”, “we”, “us”, or “our”), regarding your use of ConferenceLabs.com (“our site”) and associated services (“our services”).

ConferenceLabs is a limited company registered in England and Wales (company number 08306460, VAT number 160 4334 40).

If you continue to use our site and service, you agree to comply with and be bound by:

You accept our terms and conditions, policies and disclaimers when you use our site or services, so please read them carefully. If you don’t agree with them, please don’t use our site or services.

If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the services.

Amendments apply from the date we publish them so please also check these before you use our Site or services.


Our services

ConferenceLabs provides a reservation less audio conferencing service, enabled with a variety of access methods for callers to connect to conference calls.

Our services are made available to you on the terms of this contract.

Our services are at all times subject to availability and we do not guarantee to make them available on each occasion that you may request it. We cannot guarantee a fault free service, and from time to time faults may occur.

We may:

  • change the codes or the numbers used for the provision of our services, the way we provide our services, or the technical specification of our service; or
  • suspend our services without notice.

You do not own any number or have any right to sell the number related to our services.

We may monitor and record calls relating to customer services and telemarketing. We do this for training purposes and to improve the quality of our customer services.

We also record participant names and entire conference calls if you instruct us to do so via your conference settings.


Registration and contract

You may view our Site without registering, but if you wish to use our services you must register online at http://www.ConferenceLabs.com.

To register, you will need to provide a valid email address. Once you have submitted your email address, we will provide you with an active PIN number and dial-in number to access our services, as well as a temporary password to manage your account.

Our contract with you begins at the point we accept your registration and provide you with an active PIN.


Security

You are responsible for maintaining the confidentiality and security of your account (including but not limited to all PINs and account passwords) and for any and all activity that occurs under your account. You agree to notify us of any unauthorised use or breach of your account.

We do not guarantee the security of the service against unauthorised or unlawful access or use. We reserve the right to suspend access to your account and/ or change PINs and account details, or require you to change the PINs or account details if at any time we consider that there is or is likely to be a breach of security.

You must immediately inform us of any changes to the information you supplied when registering for our services.

You agree to use our site and services entirely at your own risk.


Use of our site and services

It is your responsibility to obtain and keep in force any licence necessary for you to use our services in any country in which they are provided.

You agree not to resell or attempt to resell the Service or any part or facility of it to any third party.

Our services must not be used:

  • in a way that does not comply with the terms of any legislation or any licence, code of practice, instructions or guidelines issued by a regulatory authority, third person’s rights or that is in any way fraudulent or unlawful;
  • to send, communicate, knowingly receive, upload, download, use or re-use any information/material or make any call which is abusive, indecent, defamatory, obscene, intended to deceive/cause annoyance/needless anxiety, menacing, and/or is in breach of confidence, copyright, privacy or any other rights; or
  • to send or provide unsolicited advertising or promotional material, or knowingly to receive responses to any unsolicited advertising or promotional material sent or provided using our services by any third party.

If you or anyone else, with or without your knowledge or approval, uses:

  • our services in contravention of this agreement; or
  • the server capacity or any software made available to you in any way which, in our opinion, is, or is likely to be, detrimental to the provision of our services to you or any other customer;

We may treat the contravention as a breach of this contract and suspend your account and access to our services.

You are responsible for the acts and omissions of all callers with whom you share your PIN in connection with our services and are liable for any failure by any callers to perform or observe the terms and conditions of this contract.

You agree to indemnify us against any claims or legal proceedings which are brought or threatened against us by a third party because of your breach of this contract.


Intellectual property rights

You agree that you do not acquire any rights or licences to the our Intellectual Property Rights.

Where software is provided to enable you to receive and use our services, we grant you for the duration of the contract a non-exclusive, non-transferable licence to use the software for that purpose. Unless otherwise agreed in writing, any licence granted by us will end when the contract is terminated.

You will not, without our prior written consent, copy, decompile or modify the software, nor copy the manuals or documentation or permit anyone else to do so (except as permitted by law or as expressly permitted under this contract).

If our services provide you with software licensed by third parties who require you to accept their terms of use, you must keep to those terms. You will sign any agreement reasonably required by the owner of the copyright in the software to protect the owner's interest in that software.


Applicable charges

We do not charge you directly for the use of our services.

Each user of our services, including you and your participant(s), will be charged the prevailing network operator call charge rate for calls to the dial-in number applicable to the service that you use.

All users (including your invited participants) will be invoiced for the call charge on their standard telephone bill issued by their telephone network operator at the prevailing rate for calls to the dial-in number.

You should check with your telephone network operator to confirm the applicable rate for the dial-in number that we provide to you.

We do not charge cancellation or booking fees.


Limitation of liability

ConferenceLabs does not exclude or restrict its liability for death or personal injury resulting from its negligence in connection with this contract.

We are not liable to you, either in contract, tort (including negligence) or otherwise for any direct or indirect loss of profits, revenue, business or business interruption, anticipated savings, opportunity, expenditure (including wasted employees’/agents’ time), data (including any destruction of data), contracts and goodwill. In addition, we will not be liable to you for any claim from third parties.

Without prejudice to any other contract which may exist between us and you for the provision of any other service, we are not liable under this contract in respect of, or, in connection with, any network or other service over which our services are provided, including but not limited to our other networks or other services or any third party network or service.

We are not liable to you either in contract, tort (including negligence) or otherwise for the acts or omissions of any other providers of service used in connection with our services or for faults in or failures of equipment.

We do not recommend use of our services where the risk of non-connection or loss of connection carries a material risk. Accordingly you may only use our services if you accept that all such risk is yours and you should insure against such risks accordingly.

Our liability to the customer in contract, tort (including negligence) or otherwise in relation to this contract is limited to an amount not exceeding the value of charges paid by you to us for any one incident or series of related incidents and a maximum of £100 for all incidents in any period of 12 months.

Each provision of this contract, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts will continue to apply.


Indemnity

You shall defend, indemnify and hold harmless us and our respective officers, and directors against all losses, costs, damages, and expenses (including legal costs and disbursements on a solicitor and client basis) suffered or incurred and arising out of or in connection with any claim or demand made or threatened arising out of or in relation to:

  • the use by you or any of your participants of our services (including the use of any software) in breach of this contract;
  • any breach or alleged breach of any representation, warranty or obligation given by you; or
  • any claims or actions brought against us arising out of or related to the use of our services by you or your participants.

Termination

We may terminate this contract:

  • immediately on notice if you commit a material breach of this contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; or
  • immediately on notice if you commits a material breach of this contract which cannot be remedied; or
  • on reasonable notice if the other party is repeatedly in breach of this contract and fails to remedy the breach within a reasonable time of a written notice to do so; or
  • immediately on notice if you are the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over their assets, or if the equivalent of any such events under the laws of any of the relevant jurisdictions occurs to the other party.

If we are entitled to terminate this contract, we may, on giving prior notice where practicable, suspend our services without prejudice to such rights.

If we delay in acting upon a breach of this contract that delay will not be regarded as a waiver of that breach. If we waive a breach of this contract that waiver is limited to that particular breach.


Export control

Provision of our services to you is subject to export control law and regulations. We do not represent that any necessary approvals and licences will be granted. You will provide reasonable assistance to us to obtain any necessary consents. If any necessary consents are not granted, then we can terminate this contract or the provision of our services under it (as appropriate) without any liability to you.


Transfer of rights

Neither party may transfer any of its rights or obligations under this contract, without the written consent of the other, except that we may transfer our rights or obligations (or both) to another wholly owned subsidiary or delegate its obligations to any supplier without consent.


General

This contract contains the whole agreement between the parties and supersedes all previous written or oral agreements relating to its subject matter.

The parties acknowledge and agree that:

  • they have not been induced to enter into this contract by any representation, warranty or other assurance not expressly incorporated into it; and
  • in connection with this contract their only rights and remedies in relation to any representation, warranty or other assurance are for breach of this contract and that all other rights and remedies are excluded.

The provisions of this paragraph shall not affect the parties’ rights or remedies in relation to any fraud or misrepresentation.

A person who is not party to this contract (including an employee, the officer, agent, representative or subcontractor of the customer or ConferenceLabs) has no right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

ConferenceLabs may take instructions from a person whom we think, with good reason, is acting with the customer’s permission.


Data Protection

The customer and ConferenceLabs will comply with their respective obligations under the Data Protection Act 1998 and any data protection, privacy or similar laws that apply to any personal data processed in connection with the contract. The customer and ConferenceLabs will provide such help and co-operation as is reasonably necessary or requested by the other to enable compliance with this clause.


Severability

If any provision of this contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect as if this contract had been executed with the invalid, illegal or unenforceable provision omitted.


Law and Jurisdiction

This contract is governed by the law of England and Wales and both parties submit to the exclusive jurisdiction of the English Courts.