EGLA COMMUNICATIONS Terms & Conditions
This Agreement (the “Agreement”) is between EGLA COMMUNICATIONS (“EGLA COMMUNICATIONS” or “we” interchangeably) and the individual or legal entity purchasing or opening an account for Service under this Agreement (“Customer” or “you” interchangeably); or as the case may be, the individual accessing or using the Service. By purchasing, accessing, installing or otherwise using the Service, you agree to be bound by this Agreement. Please retain a copy of this Agreement for your records. If you do not agree with the terms and conditions of this Agreement, do not use the Service.
Description of Service:
These Terms and Conditions govern the purchase and use of audio, video and web-based conferencing Service. By ordering or using the Service, you agree to be bound by these Terms and Conditions.
EGLA COMMUNICATIONS has the right to alter, expand or reduce the features of the Service at its discretion. You shall provide all user information necessary to enable EGLA COMMUNICATIONS to create an account for you and grant you access to the Service.
EGLA COMMUNICATIONS agrees to provide you, the Customer, with the Service based on the terms of this Agreement.
EGLA COMMUNICATIONS will use reasonable efforts to provide the Service at the date and time agreed to with the Customer. However, dates and times are estimates and EGLA COMMUNICATIONS has no liability for failure to meet any date or time.
EGLA COMMUNICATIONS may, for operational reasons, change the codes or numbers utilized by EGLA COMMUNICATIONS to provide the Service or vary the technical specifications of the Service, provided any change to the technical specification does not materially affect the performance of the Service. Assignment of a particular phone number for use does not grant you any rights to that phone number.
EGLA COMMUNICATIONS may temporarily suspend the Service for any reason, including operational reasons such as maintenance, betterment or emergency.
EGLA COMMUNICATIONS offers customer service via e-mail and electronic ticketing only. EGLA COMMUNICATIONS assumes no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services.
EGLA COMMUNICATIONS may change the customer service options at any time.
The Customer is responsible for maintaining the confidentiality and proper use of their account, conference codes, passwords and personal identification numbers used in conjunction with the Service. Customer agrees not to use biographical information such as Social Security number or date of birth as the account password.
The Customer shall immediately inform EGLA COMMUNICATIONS if there is any reason to suspect any of the information related to the Customer’s account has been compromised or is likely to be compromised and will be utilized by an unauthorized individual.
EGLA COMMUNICATIONS reserves the right to suspend access to the Service if at any time EGLA COMMUNICATIONS determines there is or is likely to be a breach of security.
EGLA COMMUNICATIONS also reserves the right to require the Customer to change some or all of their access codes in connection with the Service.
The Customer is to immediately inform EGLA COMMUNICATIONS of any changes to the information provided by the Customer when registering for the Service.
Use of Service:
It is the Customer’s responsibility to obtain and keep in force any license necessary for the Customer to use the Service in any country it is provided.
The Customer may only utilize the Service for conferences or meetings in which the Customer is an active participant.
The Service is provided for the Customer’s own use and the Customer may not resell, attempt to resell or otherwise generate income from the Service unless prior written approval is granted by EGLA COMMUNICATIONS.
The Service may not be used in violation of any legislation or license applicable to the Customer or that is any way fraudulent or unlawful; to send, knowingly receive, download, upload, use or re-use any material or information that is abusive, defamatory, in breach of confidence, obscene or menacing, in breach of copyright or privacy or any other rights; or to damage EGLA COMMUNICATIONS’s property, interfere with or disrupt EGLA COMMUNICATIONS’s system or other users. Customer acknowledges and agrees EGLA COMMUNICATIONS does not control or monitor the content nor guarantee the accuracy, integrity, security or quality of such content.
Recording or taping of the Service may subject you to laws or regulations and the Customer is solely responsible for and obligated to provide any required notification to participants prior to the commencement of said conference.
The Customer is responsible for the acts and omissions of all users in connection with the Service and is liable for any failure by any user to perform or observe the Terms and Conditions of this Agreement.
Charges and Invoicing:
EGLA COMMUNICATIONS provides Service to Customer on a one month term. The Service term refers to the period of time for which we will bill you periodically in advance. Your first service term begins on the subscription date, which is the date you first ordered service or the date we successfully process your payment, whichever is later. It is not the day you first use the service. Your service will continue until canceled by you or by us as provided for herein. Please note that the obligations of this agreement begin on your subscription date and are indefinite.
The Service term automatically renews for the same term unless you contact us to cancel service via e-mail. Service cancellations should be e-mailed to firstname.lastname@example.org. The renewal begins on the day after the last day of your service term. E-Mail cancellations received up to one hour before the last day of the term will be processed as of the last day of the term.
Customer must provide EGLA COMMUNICATIONS with a valid e-mail address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your e-mail address changes, or your payment method is cancelled and replaced on account of loss or theft. Except for usage-based charges, we will bill in advance to your payment method all charges, fees, taxes, and surcharges for each service term. We will bill monthly as due immediately usage-based charges and any other charges which we decide to bill as due immediately. Bills will be sent to the e-mail address on record.
When you subscribe to our Service, you authorize us to collect from your payment method. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method. If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
We bill usage charges in full minute increments. We round partial minutes up to the next full minute, unless we state otherwise in the rate schedules on our web site. We bill fractional usage charges in full cents. We round up cents when the value is less than one cent.
All invoices are due payable upon receipt. If payment is not received the account could be subject to a late payment fee.
Taxes, Fees and Surcharges:
State and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our service. These charges may be a flat fee or a percentage of your monthly charges and may change without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable taxes, fees, or charges for your subscription, use, or payment for our service. These amounts are in addition to the payment for your service. We will bill these charges to your payment method according to the terms in this agreement. If you are exempt from payment of any of these taxes, you must provide us with an original certificate that satisfies the legal requirements attesting to tax-exempt status. Tax exemption will only apply from the date we receive your certificate.
If you use our toll free access services, or any toll free feature that we offer in the future, we will recover from you any charges imposed on us either directly or indirectly for toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in any other way we decide is appropriate for the recovery of these costs.
Either party may terminate this Agreement if the other party commits a material breach of its obligations in relation to the Service, if the material breach is not cured within thirty (30) days of receipt of notice of such breach from the non-breaching party.
Either party may terminate this Agreement If either party commits a material breach in relation to the service and the material breach cannot be cured.
Either party may terminate this agreement for any reason with seven days advance notification in writing, except that Customer may terminate services with no further obligation with one hour notice before the term renewal.
You agree to promptly update your account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, and credit/debit card number and expiration date). You acknowledge and agree that EGLA COMMUNICATIONS will be sending you information regarding your service, including via e-mail, over the Internet. If notices are sent by us to the last e-mail address provided by you, you agree that we have provided sufficient e-mail notice and you waive any rights to assert failure of notice.
You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under to receive 10 days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.
If you want to dispute any EGLA COMMUNICATIONS charges on your statement, you must notify us via e-mail within 7 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 7 days, you waive any right to contest the charges.
The Customer may not assign all or part of this Agreement to another party without the prior written consent of EGLA COMMUNICATIONS. This consent shall not be unreasonably withheld.
ALL SERVICES PROVIDED BY EGLA COMMUNICATIONS ARE “AS IS”, “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY. CUSTOMER UNDERSTANDS AND AGREES THAT EGLA COMMUNICATIONS SERVICE AND WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EGLA COMMUNICATIONS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EGLA COMMUNICATIONS MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH EGLA COMMUNICATIONS’S SERVICES OR WEBSITES OR THAT EGLA COMMUNICATIONS’S SERVICES WILL MEET ANY OF THE CUSTOMER’S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.THE USE OF EGLA COMMUNICATIONS’S SERVICES AND WEBSITES IS AT THE CUSTOMER’S SOLE RISK. EGLA COMMUNICATIONS IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF OTHER SERVICE PROVIDERS, FOR ANY INFORMATION OR CONTENT OF COMMUNICATIONS, THIRD PARTY SERVICES, EQUIPMENT FAILURE OR CAUSES BEYOND EGLA COMMUNICATIONS’S REASONABLE CONTROL.
Limitation of Liability:
EGLA COMMUNICATIONS OR ITS SUPPLIERS WILL NOT BE LIABLE TO THE CUSTOMER FOR LOST REVENUES, LOST PROFIT, LOST DATA, OTHER SPECIAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGE OR FOR LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE CUSTOMER’S OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE EQUIPMENT, SERVICES OR SOFTWARE OR FOR COMMERCIAL LOSS OF ANY KIND, WHETHER OR NOT EGLA COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, NOR SHALL ANY RECOVERY AGAINST EGLA COMMUNICATIONS WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY) 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 GREATER OF THE AMOUNT OF A REFUND OF THE PRICE CUSTOMER ACTUALLY PAID FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FILING OF SUCH CLAIM REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G. CONTRACT, TORT, WARRANTY, STRICT LIABILITY, FRAUD, NEGLIGENCE OR OTHER LEGAL THEORY) OR ONE HUNDRED US DOLLARS (US $100).
Neither party shall be liable for any breach of this Agreement that is caused by a matter beyond its reasonable control. Such causes include (without limitation) Acts of God, fire, lightning, war, disorder, flood, national emergency, riots, revolutions, explosion, labor disputes, malfunction of third-party’s telephone lines, equipment or services necessary to provide the Service, stability or availability of the Internet (or portion thereof). In addition, EGLA COMMUNICATIONS shall not be liable for any delay or failure to provide the Service caused by restrictions of a legal or regulatory nature imposed by any governmental agency. If any condition continues for more than a three (3) month period, either party may serve notice on the other for immediate termination of this Agreement.
Law and Jurisdiction:
This Agreement shall be governed by the laws of the State of Texas. For any action or suit to enforce any right or remedy of this Agreement, except for actions to enter or collect on judgments, the parties consent to exclusive jurisdiction and venue in the courts for Tarrant County, Texas.
The Customer shall indemnify, defend and hold EGLA COMMUNICATIONS, its affiliates, their officers, directors, employees and suppliers harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney’s fees that arise out of or relate to Customer’s use of the Service (including and without limitation, any individual accessing the Service using the Customer’s account), any actual or alleged violation of this Agreement or applicable law, any infringement or violation by the Customer or any individual accessing the Service using the Customer’s account of any intellectual property, privacy or other right of any individual or entity.
Providing Information To Authorities And Third Parties:
If EGLA COMMUNICATIONS believes that you have used the Service for an unlawful purpose, EGLA COMMUNICATIONS may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, EGLA COMMUNICATIONS may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), e-mail address(es), registered address, and all other account information, in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing EGLA COMMUNICATIONS’s service, or both; to protect EGLA COMMUNICATIONS’s rights and property; or in emergency situations where disclosure of such information is necessary to protect EGLA COMMUNICATIONS’s customers or third parties from imminent harm.
You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your EGLA COMMUNICATIONS account. You promise that you and anyone who uses your EGLA COMMUNICATIONS account and services and all your and their content comply at all times with all laws, regulations, and written and electronic instructions.
Customer is liable for all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or EGLA COMMUNICATIONS has reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof.
You assert and warrants that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.
No Waiver of Rights:
EGLA COMMUNICATIONS’s failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision.
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
This Agreement states the entire agreement between the parties and supersedes all prior representations, agreements, proposals, correspondence, discussions, meetings, negotiations and/or any other understandings relating to its subject matter.
Changes To This Agreement:
EGLA COMMUNICATIONS may change the terms and conditions of this agreement from time to time. By subscribing to Service, you agree that we may provide to you by use of e-mail required notices, agreements, and other information concerning Service, including changes to this agreement. We may give you notice of a change by e-mail. Such notices will be considered given and effective on the date e-mailed. These changes will become binding on you on the date they are e-mailed and we are not required to give you further notice in order for you to continue using our service. By continuing to use the Service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate Service immediately. If you continue to use the Service, we will consider this your acceptance of any changes.
Revised Monday, July 10, 2011.. EGLA COMMUNICATIONS LLC, all rights reserved.