By using the audio, Video, web conferencing, and other communication services and their related features (the “SMB Services / services”) of Shubh Star, Inc (dba Conferencing Tree) , you (the “Customer”) agree to abide by the following Terms and Conditions (the “Agreement”). In case of any future disagreement we reserves the right to reject or cancel the account/ registration of any Customer at our sole discretion.
This Agreement (the “Agreement”) is between the individual, authorized personal or legal entity using, purchasing, or opening an account for SMB Services (“Customer”) and the Shubh Star, Inc (dba Conferencing Tree) related entity which invoices Customer for the SMB Services (“Conferencing Tree”).
1. Services
Customer is responsible for all uses of Conferencing Tree services in association with Customer’s account, whether or not authorized by Customer. Conferencing Tree may reclaim any access numbers provided to Customer for services due to inactivity or any other reason at any time without notice to Customer.
2. Rates and Payment Terms
Conferencing Tree will invoice Customer electronically free of charge or via paper invoice for a fee. Customer agrees to make payment via valid debit or credit card and further agrees that such debit or credit card may be charged on or about the date the invoice is issued to Customer without any further Customer consent. Conferencing may also pre-authorize Customer’s debit or credit card at the time the order is placed in order to ensure the validity of the card and availability of credit.
Subject to the credit approval and usage on your account, your card will charged when usage exceed the credit limit. Detailed invoices are provided on a monthly basis. All payment are due when the usage exceed the credit limit or the date of invoice, whichever is earlier. Payment after due date are subject to 6% interest on the balance.
Rates are either calculated on a per minute per participant basis or fixed rate basis for specific services. If your card is declined then you must pay “immediately” and payments are due from the date of Invoice”. Payment is required in US Dollars.
Conferencing Tree shall have the right to impose a late payment charge of one and one-half percent (4%) per month or the rate prescribed by law, whichever is lower, calculated from the past due date. Please note that per minute conferencing for each connection is rounded to the next full minute on the billing invoice. Customer must notify Conferencing tree of any disputed charges within thirty (10) days from the date of the invoice, otherwise Customer will be deemed to agree to such charges and Conferencing tree will not be subject to making adjustments to charges or invoices.
Conferencing Tree may change rates or add new rates without notice to Customer. Customer therefore agrees to check Conferencing tree’s standard rates from time to time and in each case prior to using any SMB services subject to standard rates. Negotiated rates are subject to change at any time on thirty (30) days prior written notice to customer.
3. Taxes
Prices and fees are exclusive of all federal, state, municipal, or other government, excise, sales, use, occupational, or like taxes or fees, now in force or enacted in the future and, therefore, Customer agrees to pay any tax Conferencing Tree may be required to collect or pay now or at any time in the future (including interest and penalties imposed by any governmental authority) which are imposed upon the sale or delivery of items purchased or rented. If a certificate of exemption or similar document or proceeding is required to be obtained in order to exempt the sale from sales or use tax liability, Customer must obtain such certificate, document or proceeding and present a copy to Conferencing Tree before taxes can be excluded.
4. Customer Confidential Information
Conferencing Tree utilizes industry standard practices to maintain the confidentiality of Customer information. Customer acknowledges and agrees that Conferencing Tree cannot prevent, and therefore, is not responsible for inadvertent security breaches. Information contained in the data reports and any information provided by Customer to Conferencing Tree , hereunder, such as but not limited to, audio conference content, web conference content, Customer access or other authorization codes, names, phone numbers and addresses of conference participants, shall be considered confidential information of Customer and shall not be used or disclosed by Conferencing Tree to any third party except in pursuance of its obligations under this Agreement, or as required by law.
5. Indemnification
The Customer shall indemnify, defend and hold Conferencing Tree 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.
6. Severability
If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, then the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
7. Entire Agreement
This Agreement and any documents and attachments referenced herein contain the entire agreement between the parties concerning the subject matter hereof; any representati
8. Compliance with Laws
Customer is solely responsible for the content of conference communications. Customer shall comply with all applicable laws of any local, state, or federal government or agency having jurisdiction over its business throughout the term of this Agreement.
9. Trademarks
Customer has no right or license to use any of the trademarks or trade names owned by, licensed to or associated with Conferencing Tree .
10. Survival of Provisions
The provisions of this Agreement relating to confidential information, payments, warranties, and indemnification shall survive termination of this Agreement.
11. Force Majeure
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, Conferencing Tree 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.
12. Termination
Either Customer or Conferencing Treel may terminate this Agreement or any Subscription at any time for convenience upon written notice to the other party. Such a termination shall be deemed a Termination For Convenience. Customer is advised not to use the services after sending the termination notice. However, customer is responsible for all charges for usage of services until formal termination of account by Conference Tree. Inactive account over six months may also be terminated and may require new registration to restart.
The SMB Services may be terminated by the non breaching party upon a material breach by the other party of a material provision of this Agreement or the relevant Subscription which breach is not cured within sixty (60) days after written notice or within ten (10) days after written notice.
This Agreement may be also be terminated by Conferencing Tree at any time for payment breach. Customer is responsible for all payments for the use of services, immediately on the termination. The account can be terminated for reason including – non-payment of invoices, unlawful activities, misuse of services or breach of any terms of services. Customer is responsible for resulting cancellation of their events.
13. Successors and Assigns
This Agreement shall bind and inure to the benefit of the successors and assigns of the respective parties hereto.
14. Governing Law
This Agreement will be governed by the laws of the Los Angeles, State of California, and City of Los Angeles. In the event of any dispute arising under this Agreement, the Federal District Court for the District of Los Angeles and the Superior Court of the State of California shall have co-exclusive jurisdiction.
15. Fees and Collection Costs
All reasonable fees and costs associated with the collection of past due accounts, including legal fees, shall be the sole responsibility of customer. A fee of $35.00 will be charged for any checks returned to Conferencing Tree as non-payable.
16. Assignment:
The Customer may not assign all or part of this Agreement to another party without the prior written consent of ConferencingTree.com. This consent shall not be unreasonably withheld.
17. Service Interruption
Service and credit availability is at the sole discretion of Conferencing Tree and depends on the Customer’s payment history, the current account condition and other relevant information. Credit privileges may be reduced or withdrawn and service ceased at any time by Conferencing Tree without advance notice to Customer and without liability for any damage suffered as a result of the cessation of such service.
18. Warranty
All services provided by conferencingtree.com are “AS IS”, “with all faults” and without any warranty. Customer understands and agrees that ConferencingTree.com service and web site are provided “AS IS” and “AS AVAILABLE”. Conferencing Tree makes no warranty or representation expressed or implied, in fact or at law, regarding Conferencing Tree services, any information, materials, goods, or services obtained through Conferencing Tree or that Conferencing Tree ‘s services will meet customer requirements, or be uninterrupted, timely, secure, or error-free. Conferencing Tree makes no warranty of merchantability or fitness for a particular purpose regarding the goods and services obtained by a customer through Conferencing Tree. Use of Conferencing Tree’s services is at customer’s sole risk. Conferencing Tree will not be liable for any indirect, incidental, special or consequential damages of any kind including but not limited to damages for loss of profits, use, data or other intangibles, even if Conferencing Tree has been advised of the possibility of such damages resulting from any goods or services purchased or obtained by the customer.
19. Limitation of Liability
Conferencing Tree or its suppliers and affiliates 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 conferencing tree has been advised of the possibility of such damage or loss, nor shall any recovery against conferencing tree 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 thousand dollars (us $1,000)