TERMS AND CONDITIONS
1. Definitions
In these Terms and Conditions the following definitions shall apply:
1.1 'Access Number’ means an 0844 telephone number so that You and Your Joiners use to join Your teleconference.
1.2 'Audio Branding’ means the text of the message that Joiners hear when they join Your teleconference.
1.3 'Call Charges’ means the cost of the minutes You use as charged by Your telephone network operator at the prevailing call rate for your calls to the dial-in telephone number and where relevant, if you are using Our Professional Service or Premium Service the additional charges referred to in paragraph 6.2.
1.4 'Contract’ means the contract made between You and Us the terms of which are set out in these Terms and Conditions and the information provided by You from the Registration Procedure.
1.5 'Joiner’ means anyone You allow to join Your call and use the Service
1.6 'Payment Method’ means either: (i) monthly direct debit; (ii) a half year pre-agreed prepayment; (iii) an annual pre-agreed prepayment.
1.7 ‘PIN Code’ means Your personal identification number code.
1.8 ‘Premium Service’ means the service provide by us and details of which are set out on Our Website.
1.9 ‘Professional Service’ means the service provided by us and details of which are set out on Our Website.
1.10 ‘Ready to go Service’ means the service provided by Us and details of which are set out on Our Website.
1.11 ‘Registration Procedure’ means the procedure that You follow on Our Website to register Yourself as a user of the Services.
1.12 ‘Services’ means the Ready to Go, Professional or Premium Service.
1.13 ‘We’; ‘Our’; ‘Us’ means yourconference.com (a trading name of SME Performance Coaching (Europe) Ltd.).
1.14 ‘Website’ means www.yourconference.com.
1.15 'You’; ‘Your’ means the person with whom we make the Contract and any Joiner.
2. The Services That We Provide To You
2.1 We will provide either the Ready To Go Service, Professional Service or Premium Service to You (as chosen by You) so that You can hold conference telephone calls with Your Joiners through the telephone network although We cannot guarantee that there will always be available capacity for all of Your Joiners at any given moment in time.
2.2 We will provide the Services with all of the reasonable skill and care required of a service provider.
2.3 The Services will be available 24 hours a day, 365 days a year unless:
2.3.1 there is a scheduled maintenance programme being undertaken by Us and if this is the case then the Services will not be available between 22.00 Saturdays and 04.00 Sundays.
2.3.2 there is non-scheduled maintenance being undertaken by Us due to an unexpected fault having arisen or a repair that needs to be made which we will correct as soon as We are reasonably able to do so; or
2.3.3 an event occurs from circumstances beyond Our control.
2.4 If We have to undertake non-scheduled maintenance work then please be aware that it is possible that calls may be truncated or may not connect.
2.5 Our Website will contain the dates of the scheduled maintenance programme and an up to date status reports on unscheduled maintenance and repair work.
3. Accessing the Services
3.1 If You are using the Ready To Go Service then once You have correctly completed the Registration Procedure We will email to You Your PIN Code and Your Access Number at which point You can use the Ready To Go Service.
3.2 If You are using the Professional Service then once You have correctly completed the Registration Procedure and provided Us with all relevant information requested at that time We will email to You Your PIN Code and Your Access Number.
3.3 If You are using the Premium Service You will be informed as to how you can access Our Premium Service by way of a separate email communication.
3.3 Occasionally we may have to:
3.3.1 change Your PIN Code(s) or Your Access Number(s) or the technical specification of the Services for operational reasons; or
3.3.2 instruct You to alter the way in which You use the Services for some operational, technical or health and safety reason
but in either case We will try to give You as much notice as possible but We cannot guarantee that notice will be given.
4. When Does Our Contract With You Begin
4.1 If You are using the Ready To Go Service then Your Contract with Us begins when the Registration Procedure is correctly completed and we have sent You Your PIN Code and Access Number by email.
4.2 If You are using the Professional or Premium Service then Your Contract with Us begins when the Registration Procedure is correctly completed along with the necessary prepayment and We have issued You with Your PIN Code(s) and Your Access Number(s)
5. Your Obligations
5.1 You must not sell or transfer Your PIN Code.
5.2 You must not display or advertise Your Access Number or PIN Code in any public place and You must take all reasonable steps to prevent this from happening, except when it is being used for this Service.
5.3 You must only access the Services using the Access Number.
5.4 You must use tone-dialling telephones when accessing the Services.
5.5 You must ensure the security and proper use of the PIN Code and Access Number.
5.6 You must when going through the Registration Procedure provide Us with a current valid email address. If Your email address changes then You must notify Us immediately by email.
5.7 You must not use the Services to:
5.7.1 make offensive, indecent, threatening, menacing, nuisance or hoax conference calls;
5.7.2 perpetrate a criminal office or encourage anyone to commit a criminal offence in any jurisdiction.
5.8 If You do not comply with any of these obligations then this will be a material reason for Us to terminate Your Contract with Us or suspend Your PIN Code under paragraph 10 of these Terms and Conditions.
5.9 We may record Your conference calls for the sole purpose of investigating Your breach if We have reasonable cause to believe that You are in breach of Your obligations in paragraph 5.7.
6. Charges and Payments
6.1 If You are using Our Standard Service then You will be charged and You will pay Us for the relevant Call Charges through Your on-line payment account the details of which You have given Us as part of the Registration Procedure.
6.2 If You are using Our Professional Service or Our Premium Service then You will be charged and will pay Us for:
6.2.1 the relevant Call Charges; and
6.2.2 the monthly setup fee which You will pay by the Payment Method You have agreed with Us as part of the Registration Procedure.
7. Can We Make a Claim Against You
If You fail to comply with either Your obligations in paragraphs 5 and 6 or You misuse the Services in any other way and We incur any losses, costs, expenses or other sums (‘Losses’) as a result of Your said failure to comply or because of any other action taken by You then You agree to pay Us any amount required by Us to reimburse Us for the Losses that We have incurred.
8. Limiting Our Liability to You
8.1 You should not use the Services where the risk of non-connection or loss of connection carries risk to You or Your business. If You use the Services then You are deemed to have accepted this risk and You should insure against such risk accordingly.
8.2 To the extent permitted by law We disclaim or limit Our liability to You as follows:
8.2.1 any liability We have of any kind (including any liability arising from Our negligence) is limited to the costs of the Call Charges incurred for the relevant conference call;
8.2.2 We have no liability where You have either misused or there has been unauthorised use of the Services;
8.2.3 We have no liability for any loss that was not reasonably foreseeable, or for loss of business, revenue, profit or any loss of any savings, wasted expenses or data being lost or harmed;
8.2.4 We are not liable in anyway whatsoever for the acts, omissions, defaults or failure of the third party providers of the telecommunication services and equipment.
9. Matters Beyond Our Reasonable Control
If We cannot provide the Services because of something that is beyond Our reasonable control, including but not limited to, lightning, flood, exceptional weather conditions, fire, explosion, civil disorder, war, military operations, national or local emergency, anything done by the government or other authority, or industrial disputes of any kind (including those involving Our employees), acts of God or damage by third parties or their equipment then We will not be liable to You for this and if any such events continue for more than three calendar months We can terminate this Contract upon giving You notice.
10. Termination of This Contract or Suspension of PIN Code (s) and Access Number (s)
10.1 If You are in breach of the terms of this Contract in any material way then We may on notice being given to You by Us terminate this Contract immediately.
10.2 If You are in breach of the terms of this Contract but such breach is not material then We may terminate this Contract with You unless You have rectified the breach within 14 days of being requested to do so by Us.
10.3 If We determine that You are in breach of Contract but that We do not wish at this stage to terminate this Contract We may suspend Your use of Your PIN Code and Your Access Number.
10.4 If We suspend Your use of Your PIN Code and Your Access Number then We may restore Your use of these at our sole discretion once We are satisfied that You are no longer in breach of this Contract.
10.5 If You wish Your PIN Code and Your Access Number to be restored to You then You must apply to Us in writing for restoration and provide Us with sufficient evidence to show that You are not in breach of this Contract and will not become in breach of this Contract again.
11. Severance from the Contract
Each paragraph or sub-paragraph of this Contract operates separately from any other paragraph or sub-paragraph and if any paragraph, sub-paragraph or part of them is deemed by any court or tribunal to be unenforceable or ineffective then this unenforceable or ineffective part shall be deemed to be removed from this Contract and all other parts shall continue to apply.
12. Other General Terms
12.1 We can change the terms of this Contract at any time but We will give You as much notice of this as We reasonably can.
12.2 You are not permitted to transfer Your rights and obligations under this Contract to any third party.
12.3 You may terminate this Contract at any time in writing to Us in any of the ways set out in paragraph 13 but such termination shall not come into effect until You cease using the Services.
12.4 If You do not use the Services for a continuous period of six calendar months We reserve the right to suspend Your PIN Code and Your Access Number.
12.5 Any person who is not a party to this Contract has no rights 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 outside of such Act.
12.6 This Contract is governed by the laws of England and all disputes arising from this Contract shall be subject to the exclusive jurisdiction of the English courts.
13. How To Give Us Notice
13.1 Any notice that You wish to give Us under this Contract must be delivered by hand or sent to Us by pre-paid first class post, by fax or by email in the following way:
13.1.1 to Us at Yourconference.com at Blenheim House, Buckenham Road, Attleborough, NR17 1NQ, or any other address shown on Our Website;
13.1.3 to Us by email sent to email address info@yourconference.com
13.1.4 to You at the postal address or the email address that You gave to Us as part of the Registration Procedure.
