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Terms and ConditionsPlease read the following terms and conditions carefully, as they govern your purchase of services, including the audio and web conferencing services from onConference (the (“Service” or “Services”). By purchasing and using the Services, you (the purchaser or end user) agree to accept, without modification, the following terms and conditions (the "Terms & Conditions"), which onConference may, at its sole discretion and for any reason, modify, supplement or amend. If you do not agree to these Terms and Conditions then do not purchase or use the Services. ContractWhen purchasing the Services you are not under long-term contract. You are billed only for your use of the Services, and you may cancel your account at any time. PricingPricing for toll-free and toll conference call services, web conferencing services, and the conference recording feature are posted on our website, and are subject to change from time to time, and without prior notice to you. There are no monthly account fees, set-up fees, minimum connection fees or minimum usage charges. GuaranteeWe will refund all of your charges if you're not reasonably satisfied with your conference call or web conference. Simply contact us by phone or email. TaxesPrices and fees are exclusive of all federal, state, provincial, municipal, or other government, excise, sales, use occupational, or like taxes now in force or enacted in the future. Therefore, you agree to pay any tax onConference may be required to collect or pay now or at any time in the future imposed by any governmental authority on the sale or delivery of the Services provided. If a certificate of exemption or similar document or proceeding is to be made in order to exempt the sale from sales or use tax liability, you will obtain and pursue such certificate, document or proceeding and provide it to onConference prior to using the Services. Invoicing and PaymentCustomers will receive an invoice every month in which they use the Service. You agree to make payment for all services and charges shown on the invoice. Payment is due thirty days from invoice date. For customers paying by credit card, payments are processed 14 days after the invoice date. Payment can be made by check (Canada & US) or credit card. We currently accept Visa, Mastercard and American Express. Suspension of ServicesIf payment is delinquent after 120 days, onConference may, at its sole discretion, suspend your use and access to the the Services until payment arrangements are made. OnConference reserves the right to refuse, at its sole discretion, but acting reasonably, to offer Services to you or any customer or end user for any reason. WarrantyONCONFERENCE AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES MAKE NO WARRANTIES, EXPRESS OR IMPLIED REGARDING THE PRODUCT, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Further, OnConference does not warrant that the operation of its Services will be uninterrupted or error free. You hereby expressly waive any and all liability for any losses, expenses and damages whatsoever, including but not limited to personal injury or property damage resulting from any cause, including but not limited to misuse of the Services, breach of contract, negligence, breach of any statutory or common law duty of care, failure to follow the enclosed instructions, and any other cause. You hereby expressly waive any and all liability of onConference for any consequential, incidental or indirect damages, including damages for loss of business profits, resulting from any cause, including but not limited to the misuse, use or inability to use the Services. You hereby agree not to commence any legal action against onConference regarding any claims for losses, expenses and damages sustained by you, the user, or any other entity. Such legal action includes but is not limited to a Third Party Claim. In the event that a claim is made against onConference by anyone other than you arising out of the use of the Services by the you or the user, you, the purchaser, agree to hold harmless and indemnify onConference for any damages that a court may determine are due and payable by onConference to the user and/or to a third party. If, notwithstanding the foregoing, onConference or any of the third parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Services, the liability of onConference and the third parties shall in no event exceed in the aggregate $250 CAD. These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between you and onConference relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing by onConference. Acceptance Of TermsYour accessing of this website and/or signing up for our Services indicates your understanding, agreement to and acceptance, of the full Terms and Conditions contained herein. This agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Ottawa, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Services and these Terms and Conditions. These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. |
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