1. Payment and Invoicing. Customer agrees to pay a late fee if payment is not made by the due date on the unpaid balance, at a rate of 1.5% per month. Customer agrees to be liable for all charges to the billing card number issued on this account and authorizes credit card payment if the account is past due. Cardholder's Credit Card will be debited by AccuConference. Only one email for receiving attachments may be attached per service. Monthly statements will be delivered to me via a secure web server, no statements will be mailed. No fee in months with no usage.
2. Credit Card Preauthorization. Customer authorizes AccuConference to pre-authorize the credit card listed on the account for $50. We do not charge your credit card except for your monthly usage or for Flat-Rate accounts (Flat-Rate accounts are billed one month in advance). This pre-authorization will be removed in 7 to 10 business days by your issuing bank.
3. Authority to Order. Customer represents that customer has the authority to order this service. AccuConference assumes no liability for calls not completed due to circumstances beyond its control. For security purposes, we recommend not posting your account information online (including public forums or online calendars). In the event you have chosen to post this information in public record, we will be unable to credit back any charges that may be of a fraudulent nature.
4. No warranties. You understand and agree that the services are provided "as is" and TalkPath LLC, its affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. TalkPath LLC, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the services, regarding the accuracy or reliability of any information obtained through the services, regarding any goods or services purchased or obtained through the services, regarding any transactions entered into through the services or that the services will meet any user's requirements, or be uninterrupted, timely, secure or error free. use of the services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the services. The entire risk arising out of use or performance of the services remains with you. You agree to indemnify, defend and hold harmless TalkPath LLC, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, TalkPath LLC, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
5. Limitation of liability. To the maximum extent permitted by applicable law, in no event will TalkPath LLC or its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the services or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or any other legal theory, even if TalkPath LLC, its affiliates, suppliers or resellers have been advised of the possibility of such damages. In any case, TalkPath LLC, its affiliates’, suppliers’ and resellers’ maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by you for the services (if any) in the previous 12 months. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. For security purposes, we recommend not posting your account information online (including public forums or online calendars). In the event you have chosen to post this information in public record, we will be unable to credit back any charges that may be of a fraudulent nature.
6. Recordings. You shall be solely responsible for your own music submitted and the consequences of publishing them. In connection with the music submitted, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize AccuConference to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all music submitted to enable inclusion and use of the music submitted in the manner contemplated by the Website and these Terms of Service. Call recordings made with our system will be guaranteed for 30 days.
7. Taxes and Fees. You agree to pay all taxes, fees, and surcharges (“Taxes & Fees”) imposed by the government. We may not always give advance notice of changes to these items. To determine Taxes & Fees, we will use the street address you identified as your Place of Primary Use (“PPU”). You agree to pay all other charges we assess to recover or defray governmental charges or costs we incur in connection with the services we provide, such as Federal Universal Service, regulatory and administrative charges, or gross receipts taxes, without regard to whether these governmental charges or costs fund programs that provide benefits to you or in your location. These charges are not taxes or regulatory fees imposed directly on you, nor required by law to be billed to you, may be kept by us in whole or in part, and the amounts and what is included in these charges are subject to change without notice.
8. No Emergency Calls or Services. TalkPath LLC does not and is not intended to support or carry emergency calls to any emergency services. "Emergency services shall mean services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or e911 services." Neither TalkPath LLC nor its officers, employees, directors or its licensors or affiliates may be held liable whether in contract, warranty, tort (including negligence), or any other form of liability for any claim, damage, or loss (and you hereby waive any and all such claims or causes of action), arising from or relating to your inability to use any services by TalkPath LLC to contact any emergency services, or your failure to make additional arrangements to access emergency services.