Terms and Conditions:

 

READ CAREFULLY: CUSTOMER’S USE OF THIS WEBSITE AND CONFERENCETREE.COM SMALL BUSINESS CONFERENCING AND EVENT MANAGEMENT SERVICES ARE CONDITIONED UPON CUSTOMER’S ACCEPTANCE  COMPLIANCE AND OF THIS AGREEMENT.  PLEASE DO NOT USE THE SERVICES IF YOU  DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT.  PLEASE CONTACT US FOR ANY CLARIFICATION.

 

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”).

 

Description of Service:

 

  • These Terms and Conditions govern the purchase and use of audio, video, web-based conferencing and other communication services.  By ordering or using the Services, you agree to be bound by these Terms and Conditions.  Conferencing Tree has the right to alter, expand, or reduce the features of the Services at its discretion.  You shall provide all user information necessary to enable Conferencing Tree the ability to create user profiles for each user you grant access to the Services.  Conferencing Tree reserves the right to reclaim any dial-in numbers (“Dial-In Numbers”)  granted for Services if such Dial-In Numbers are not utilized for 90 days. The term “utilized” is defined as no usage on a specific number/service and no upcoming reservations scheduled for specific number/service. Customer acknowledges that not all services can be guaranteed from all locations including, but not limited to via mobile telephones, pay phones or satellite phones due to various in-country, carrier or other restrictions.
  • Conferencing Tree agrees to provide the Customer with the service based on the terms of this Agreement.
  • Conferencing Tree will use reasonable efforts  to provide the Service at the date and time agreed to with the Customer.  However, dates and times are estimates and Conferencing  Tree has no liability for failure to meet any date or time.
  • Conferencing Tree may, for operational reasons, change the codes or numbers utilized by Conferencing Tree to provide the Service or vary the technical specifications of the Service, provided any change to the technical specification does not materially affect the performance of the Service.
  • Conferencing Tree may temporarily suspend the  Service for operational reasons such as maintenance, betterment, or emergency.

 

Definitions:

 

  • “Effective Date” means the date the SMB Services ordered by Customer are available for use by Customer.
  • “Payment Information” means valid debit card or credit card number with credit sufficient to pay the applicable Subscription Fees and other information required by Conferencing tree to invoice and charge Customer for the SMB Services ordered by Customer.
  • “Registration Information” means information provided by Customer as part of the process of ordering SMB Services from Conferencing tree, whether online or via other means, including but not limited to Payment Information and electronic acceptance of payment terms and this Agreement.
  • “Subscription Term” is the period of time beginning at the Effective Date and continuing for the length of time ordered by Customer during the registration process, including any applicable auto renewal periods.
  • “Named User” means the employee designated by Customer to use the SMB Services in accordance with this Agreement, including contractors, consultants or other individuals authorized by Customer to use the Service.

 

Security:

 

  • The Customer is responsible for maintaining  the confidentiality and proper use of their account, conference codes,  passwords, and personal identification numbers used in conjunction with the Service.
  • The Customer shall immediately inform Conferencing Tree if there is any reason to suspect any of the information contained in section 1 has been compromised or is likely to be compromised and will be utilized by an unauthorized individual.
  • The Customer shall not change or attempt to change any of the information contained in section 1.  If the Customer forgets or loses any information contained in section 1, they are to contact Conferencing Tree and satisfy such security checks as  Conferencing Tree may operate in order to reacquire said information.
  • Conferencing Tree reserves the right to suspend access to the Service if at any time Conferencing Tree determines there is or is likely to be a breach of security.  Conferencing Tree also reserves the right to require the Customer to change some or all of their access codes in connection with the Service.
  • The Customer is to immediately inform Conferencing Tree of any changes to the information provided by the Customer when registering for the Service.

 

Use of Service:

 

  • It is the Customer’s responsibility to obtain and keep in force any license necessary for the Customer to use the Service in any country it is provided;
  • The Customer may only utilize the Service for  conferences or meetings in which the Customer is an active participant.
  • The Service is provided for the Customer’s own use and the Customer may not resell, attempt to resell or otherwise generate  income from the Service unless prior written approval is granted by Conferencing Tree.
  • The Service may not be used:
  • In violation of any legislation or license  applicable to the Customer or that is any way fraudulent or unlawful
  • to send, knowingly receive, download, upload, use  or re-use any material or information that is abusive, defamatory, in  breach of confidence, obscene or menacing, in breach of copyright or  privacy or any other rights
  • to damage Conferencing Tree’s property,  interfere  with or disrupt Conferencing Tree’s system or other users
  • Customer acknowledges and agrees Conferencing Tree does not control the control or monitor the content nor guarantee the accuracy, integrity, security or quality of such content
  • Recording or taping of the Service may subject  you to laws or regulations and the Customer is solely responsible for and obligated to provide any required notification to participants prior to the commencem

 

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)