Audio Web Free Trial

Claim your 120 Free Trial Terms and Conditions. On application for your 120 Free Minutes, you must agree to the standard terms and conditions below. 1. Meaning of certain words “Access Code” means the unique access code allocated by Technilink to individual users of the Customer from time to time in connection with the Services. “Customer” means the company, firm or organisation named in the Services Agreement. “Account” means the individual Access Code and any Passwords used by the Customer in connection with the Services. “Agreement” means the Service Agreement incorporating these Terms and Conditions. “Confidential Information” means information that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use (“Confidential Information”). “Dial-In Numbers” means dial-in numbers provided to the Customer for the Services by Technilink. “Marks” means any of the trade marks or service marks or trade names owned by, licensed to or associated with Technilink. “Minimum Annual Commitment” means the minimum annual commitment for use of the Services as indicated in the Services Agreement. “Password” means the password allocated by Technilink to individual users of the Customer (which may subsequently be changed by the from time to time) in connection with the Services. “Privacy Statement” means Technilink’s privacy statement available on Technilink’s website at http://www.digitalmeeting.co.uk/privacy-policy/ “Start Date” means the date set out in the Services Agreement. “Technilink” means Technilink iT Ltd, a company incorporated and registered in England and Wales with company number 03904483 whose registered office is at 25 St Thomas Street Winchester Hampshire SO23 9DD “Usage Rates” means the usage rates for the Services set out in the Services Agreement.</p> <p>2. User Information Customer shall provide all user information reasonably necessary to enable Technilink to provide the Services and to create Access Codes and Passwords for each user for whom the Customer wishes to provide access to the Services pursuant to this Agreement. Unless indicated otherwise, as indicated in the Usage Rates, the Services are charged by multiplying the number of minutes used in a month by the Customer’s per minute rate as indicated in the Usage Rates. The Customer acknowledges that it may use certain services or features that are not listed in the Usage Rates and in that event the Customer will be charged for such services and features based on Technilink’s standard rates from time to time. Technilink may change rates or add new rates at any time in respect of the Services without providing notice to the Customer, provided that any rates indicated in the Usage Rates will remain in effect for the Term of this Agreement. Technilink reserves the right to reclaim any Dial-In Numbers if such Dial-In Numbers are “inactive” for 180 days. Inactive is defined as no usage on a specific number/service and no upcoming reservations scheduled for such number/service. The Dial-In Number will be reassigned to the Customer, upon request, only if it continues to be available. If the Dial-In Number is not available, the Customer will be provided with new Dial-In Numbers.</p> <p>3. Service Security Technilink agrees to utilise industry-accepted measures and standards to maintain the security and confidentiality of the Customer’s content and identifiable information. Technilink hosts all Customer content and information on a server that is secured by an authentication scheme and a firewall. The Customer acknowledges and agrees that Technilink cannot prevent and, therefore, is not responsible for inadvertent security breaches. Technilink cannot and does not warrant or guarantee that third parties will not intercept, interfere with, or access in an unauthorized manner, information or communications sent or received as part of the Services contemplated under this Agreement. Use of conference recording or taping may subject the Customer to laws or regulations (e.g., regarding the notification to participants of the use of these features). Technilink does not assume the responsibility for any required notification to any conferencing participants of the Services.</p> <p>4. Term and Termination. The initial term of this Agreement shall be for a period of 12 months from the Start Date (the “Initial Term”). This Agreement shall thereafter automatically renew without interruption for one (1) year (“Renewal Term”), unless the Customer gives written notice of its intent not to renew the Agreement at least ninety (90) days before the beginning of any Renewal Term. For purposes of this Agreement, “Term” means the Initial Term and each successive Renewal Term. Notwithstanding any other term of this Agreement, Technilink shall have the right to terminate the Agreement on not less than sixty (60) days at any time during the Term.</p> <p>Minimum Annual Commitment. At the end of the Initial Term (and at the end of any Renewal term or part thereof in the case of early termination by the Customer), the Customer agrees to pay Technilink any shortfall resulting from Customer’s failure to meet the Minimum Annual Commitment. All charges (excluding any VAT, taxes or surcharges of any kind) billed to the Customer for the Services during the Initial Term (or during any Renewal term or part thereof) will count towards the Minimum Annual Commitment.</p> <p>Cause for Termination. Notwithstanding any other provision hereof, this Agreement may be terminated immediately by either party if (a) the other party commits a material breach of any of the terms of this Agreement and fails to remedy that breach within 30 days of that party being notified in writing of the breach; (b) in the event that the other party breaches any of the provisions hereof and such breach is not capable of remedy; and (c) in the event that the either party becomes insolvent, an order is made or a resolution is passed for the winding up of the other party, an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, a receiver is appointed of any of the other party’s assets or undertaking, or the other party makes any arrangement or composition with its creditors.</p> <p>Survival. Conditions 1, 4, and 6 – 15 of this Agreement shall survive the termination or expiration of this Agreement.</p> <p>5. Exclusive Provider. During the Term of this Agreement, Customer agrees that Technilink will be its exclusive provider for the Services. </p> <p>6. Payments, Charges and Taxes. At the end of each month during the Term, Technilink will invoice the Customer for the total monthly charges for all Services used by the Customer in the preceding month based on the Usage Rates. Payment will be due fifteen (15) days from date of invoice without any deduction or set off or withholding. Unpaid invoices will be subject to interest at 4% above the base rate of HSBC plc from time to time per annum until judgment or sooner payment Time for payment shall be of the essence of this Agreement. All sums payable to the Supplier under this Agreement shall become due immediately on its termination, despite any other provision.</p> <p>Suspension of Services. In the event that charges due to Technilink under this Agreement are not paid in full, for any reason, within fifteen (15) days from the date of invoice, Technilink shall have the right to suspend all or any portion of the Services until such time as the Customer has paid all charges then due to Technilink, including any applicable late fees. Following such payment, Technilink shall reinstate Services to the Customer only upon the provision by such Customer to Technilink of satisfactory assurance of Customer’s ability to pay for Services and advance payment of any cost of re-instituting Services. Such suspension shall not relieve the Customer of the Minimum Annual Commitment.</p> <p>Taxes All pricing and fees under this Agreement do not include taxes. Customer shall pay all applicable federal, state, county, local or other governmental taxes, fees, duties, tolls or other charges now or hereafter imposed that are attributable to the Services and included on Customer’s invoices.</p> <p>7. Trade marks and Trade Names. Other than use of materials and point-of-sale items supplied by Technilink to the Customer, the Customer has no right or license to use any of the Marks during the Term of this Agreement without the express written consent of Technilink. Despite prior approval, the Customer will immediately cease using the Marks upon notice from Technilink or upon termination of this Agreement for any reason. Any use by the Customer of the Marks other than as described above will constitute a breach of this Agreement for which, in additional to any other remedies available at law or in equity, Technilink may terminate this Agreement.<br /> 8. Responsibility for use of Accounts.<br /> The Customer is responsible for all uses of the Services in association with each of the Accounts, whether or not authorised by the Customer. The Customer is responsible for maintaining the confidentiality of each Account including any Access Codes and all necessary conference codes, passwords and personal identification numbers used in conjunction with the Services. The Customer agrees to immediately notify Technilink of any unauthorised use of any of the Customer’s Accounts of which the Customer becomes aware. Breach of the terms of this Agreement may result in immediate deletion of the Accounts.</p> <p>9. Responsibility for Content of Communication. The Customer is the sole owner of content and is solely responsible for the content of all conference communications (visual, written or audible) generated by its users while using the Services. The Customer will not use Services to send unsolicited mass mailings, surveys, pyramid schemes, chain letters, or contests outside the Customer’s organisation or to any person who has not given specified permission to be included in such a process (commercial or otherwise) save as may be permitted by law. The Customer agrees not to use Services to communicate any message or material that is harassing, slanderous or libellous, unlawfully threatening, obscene or harmful to minors, or is otherwise unlawful that would give rise to civil liability, is defamatory or that constitutes or encourages conduct that could constitute criminal offence under any applicable law or regulation. Although Technilink is not responsible for any such communications, Technilink may suspend any such communications of which Technilink is made aware of and provide prompt notice to the Customer. The Customer acknowledges and agrees that Technilink does not control or monitor the Customer’s content nor guarantee the accuracy, integrity, security or quality of the Customer’s content.</p> <p>10. Privacy. The Customer should refer to the Privacy Statement to learn about Technilink’s current practices with respect to Customer’s privacy.</p> <p>11. Warranties The Customer understands and agrees that the Services are provided “as is” and “as available.” All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.</p> <p>12. Limitation of Liability This condition 12 sets out the entire financial liability of Technilink (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of: (a) any breach of this Agreement; (b) any use made by the Customer of the Services, the Deliverables or any part of them; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.</p> <p>Nothing in these Conditions limits or excludes the liability of the Supplier: (a) for death or personal injury resulting from negligence; or (b) for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by Technilink.</p> <p>Subject to condition 11 and the terms of this condition 12, (a) Technilink shall not be liable, whether in tort (including for negligence or breach of statutory duty, contract, misrepresentation or otherwise for: loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses and (b) Technilink’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall be limited to the price paid for the Services.</p> <p>13. Indemnity. The Customer will indemnify, defend and hold harmless Technilink and its subsidiaries, affiliates, directors, officers, employees, agents, shareholders, members, consultants, agents and other owners from any claim whatsoever made by a third party arising out of or connected with or relating to the Customer’s use of the Services.</p> <p>14. Confidentiality. Each party to this Agreement agrees to hold all Confidential Information of the other party in strict confidence. Confidential Information includes, without limitation, this Agreement and any addendum or amendments to this Agreement. Confidential Information may be written, oral, expressed in electronic media or otherwise disclosed, and may be tangible or intangible. A party is not required to specifically identify Confidential Information as such.</p> <p>This confidentiality obligation shall not apply to any information (i) generally available to the public other than by a party’s breach of this Agreement, (iii) already known by a party at the time of disclosure to that party, (iv) rightfully received from a third party without restriction on disclosure or an obligation of confidentiality running directly or indirectly to the other party or (iv) which may be disclosed by law.</p> <p>The covenants of confidentiality and restrictions on use of Confidential Information provided in this Section shall apply without limit of time.</p> <p>The Customer acknowledges and agrees that Technilink may process personal data provided by the Customer in connection with this Agreement for the purposes of this Agreement and/or for purposes connected with the Services and/or business relatio0nship between the parties.</p> <p>15. Miscellaneous. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the other party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.</p> <p>Except as provided below, the Customer may not assign this Agreement in whole or in part without the prior written consent of Technilink.</p> <p>This Agreement shall be governed by, and construed and enforced in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.</p> <p>Should any part, term or provision of this Agreement or any document required herein to be executed be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall nonetheless remain in full force and effect and shall in no way be invalidated, impaired or affected thereby.</p> <p>Neither party will be responsible for failure of performance due to causes beyond its reasonable control. Such causes include (without limitation) acts of terrorism, wars, hostilities, revolutions, riots, civil commotion, national emergency, fire, flood, force of nature, explosion, embargo, accidents, acts of God, labour disputes, action of any governmental agency, or stability or availability of the Internet, or portion thereof.</p> <p>Other than using the Services for conferences or meetings in which the Customer is an active participant and as permitted under the terms and conditions of this Agreement, the Customer may not rent, lease, resell, distribute, make any commercial use of, use on a timeshare or use to operate a web site or otherwise generate income from the Services. The Customer may not reverse engineer, modify, decompile, translate, or otherwise attempt to derive source code from Technilink or any software provided under this Agreement.</p> <p>Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.</p> <p>This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous proposals, representations, promises, or agreements, oral or written, between the parties with respect to such subject matter. All such matters are merged into and superseded by this Agreement. Nothing in this clause shall limit or exclude any liability for fraud.</p> <p>No amendment and modification of this Agreement will be binding unless in writing and signed by a duly representative of both parties.</p> <p>This Agreement is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.</p> <p>16. Maintenance of Accounts. The Customer is responsible for maintaining the Accounts and for restricting access to such Accounts at all times. In order to ensure that Technilink is able to provide high quality services that are responsive to the Customer’s needs, you agree to allow our employees reasonable access to your Accounts and records on a case-by-case basis to investigate complaints. We will not disclose the existence or occurrence of such an investigation unless required to do so by law. Once a digitalmeeting™ account is arranged, the first 120 minutes of conferencing time will not be chargeable. Any user training received will come from the 120 free minutes. You must monitor your own usage via your conference reports page. Any additional usage over the free 120 Minutes will be invoiced and be due under the payment terms above. If you cancel your account before 120 minutes are used, you will NOT be charged.

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