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Terms and Conditions
(Updated:
January 28, 2005)
1. PAYMENT TERMS
Valid Credit Card- Meet By Web will
automatically bill your card each month without further authorization
from you. As a condition to your right to use the Service, you must
provide us with a valid credit card number belonging to you with
available credit sufficient to pay the applicable Service Fees. You must
promptly notify Meet By Web of changes to: (a) the account number or
expiration date of your designated credit card; and (b) your billing
address (for the designated credit card). In the event that you cancel
this credit card or it is otherwise terminated, you must immediately
provide us with a new valid credit card number.
Pay Per Minute Web and/or Toll-Free Telephone Conferencing- You agree that Meet By Web may charge
to Your credit card account (“Your Account”) all amounts due and
owing for the Services, including usage fees, overage fees,
telephony fees, or any other fee or charge associated with Your
use of the Services. You agree to pay all fees and charges
incurred in connection with the services provided (including any
applicable taxes) at the rates in effect when the charges were
incurred. All fees and charges are nonrefundable. You agree to
pay all invoices by the due date. If you do not pay the entire
invoice by the due date we may apply a late payment charge at
the lesser of one and one half percent (1.5%) per month or the
highest rate permissible under the applicable law. There
are no setup fees involved with this plan. At any time, we
may require a deposit or other form of advance payment prior to
providing or continuing to provide Service based on our
evaluation of your credit, or we may terminate Services
immediately if you fail to make payments by the due date. Unless
we otherwise agree in writing, we may adjust our fees at any
time. In the event of a price change, we will provide you with
advanced notice. Meet By Web may discontinue or suspend service
at any time without incurring liability. The Pay-Per-Use
plan does not include a Branded Login Page. If you would
like a Branded Login Page, please purchase one of our Unlimited
Meeting Plans.
Invoicing- In some cases, Meet By
Web may waive the Credit Card requirement and agree to invoice
Customer at the end of each month for the prior months service.
The decision to allow invoicing is made at Meet By Web's sole
discretion and is subject to cancellation at any time.
Customer agrees that those accounts which have not been paid in
full by the next billing cycle shall incur a late charge of
$39.00, which shall be added to the bill. If all charges,
including late fees, are not paid in full within twenty (20)
days of the second billing, service will be discontinued without
further notice. Service will only be reinstated upon payment of
all outstanding sums (including late fees) and a reconnection
fee of $35.00
2. Liability/Warranty.
Meet By Web shall in
no event be liable for (i) loss of profits, use, data or other
intangibles, (ii) incidental, special, punitive or consequential damages
suffered by Customer, Customer's customers, or any other persons or
entities and relating to or arising out of the services to Customer,
(iii) failure to perform any other obligation this Agreement including,
but not limited to, temporary service interruptions or (iv) for any act
or omission of any other entity furnishing any portion of the services
provided to Customer, even if Meet By Web has been advised of the
possibility of such damages. In the event of a technical problem in the
services to Customer, Meet By Web may provide a credit to Customer, as
it deems appropriate. Otherwise, Meet By Web MAKES NO REPRESENTATION OR
WARRANTY EITHER EXPRESS OR IMPLIED REGARDING THE SERVICES TO CUSTOMER,
AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. The provisions of this paragraph apply
while this Agreement is in effect and after its termination.
3. Services. Customer will not use the services to send unsolicited
mass mailings or to communicate any content that is harassing, libelous,
threatening, obscene, would violate the intellectual property rights of
any party or is otherwise unlawful, that would give rise to civil
liability, or that constitutes or encourages conduct that could
constitute a criminal offense under any applicable law or regulation.
Meet By Web may remove such content at any time should it become aware
of such content.
4. Indemnity. Customer will indemnify and
hold Meet By Web harmless from and against all losses, damages,
liabilities, costs, charges and expenses, including reasonable
attorneys' fees, arising from Customer's violation of this Agreement.
For purposes of these "Terms and Conditions", "Meet By Web" includes
entities that furnish any portion of the services provided to Customer
or its customers.
5. Default & Collection Costs.
If your account is not paid according to terms, we reserve the right to
demand immediate payment of the full amount outstanding on your account,
subject to North Carolina law. If the account is referred to an attorney
or collection agency, you agree to pay, in addition to the full amount
owed, reasonable attorney’s fees, court costs, or collector’s fees, as
allowed by applicable state law.
6. Entire Agreement.
This Agreement constitutes the entire agreement of the parties and
supersedes all prior discussions or agreements, whether written or oral,
including but not limited to any advertising, brochures, or
solicitations. Any modification or change to this Agreement must be in
writing signed by Meet By Web . This Agreement is governed by North
Carolina
law. The terms of this agreement applies to all customers who do not have a separate,
written contract with Meet By Web.
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