Terms Of Services
Welcome to the Website, software and services of Eagle Conferencing Pvt. Ltd. (either, Services or Eagle), which is provided by Eagle Conferencing Pvt. Ltd. and its affiliates (we or us). Our Service and your subscription to Eagle are based on the following terms and conditions. Tariff for the Service is based on your agreed fee for Service for which you have subscribed or as it is outlined here. Client/customer refers to the individual who registered and/or provided Eagle his or her credit card or other payment mode for the Services or, if an individual is purchasing the Services on behalf of a corporate entity authorized to purchase the software and Services on behalf of such corporate entity, then client/Customer refers to such corporate entity.
READ THE FOLLOWING TERMS AND CONDITIONS (THE TERMS OF SERVICE) CAREFULLY. YOU MAY USE THE SERVICES ONLY ON THE CONDITION THAT YOU AGREE TO COMPLY WITH ALL OF THE TERMS OF SERVICE.
BY USING OR REGISTERING FOR THE SERVICES, YOU ARE AGREEING ELECTRONICALLY TO THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, DO NOT USE EAGLE.
Services and License:
Eagle may suspend, cancel or discontinue any or all Services at any time and without notice. In order to maximize capacity for the benefit of all our users, we may impose general operating rules with regard to the use of the Service.
CONFIDENTIAL INFORMATION- Customer understands and agrees that all information shall remain the exclusive property of Eagle Conferencing. Confidential information shall not be copied, published, or disclosed to others.
Eagle is licensed by the Department of Telecommunications, India (DOT) and its rules and policies are set forth by the DoT under which it operates. The Services are subject to the guidelines set forth by the DOT. You will abide by all the rules and regulations in effect at the time of accessing our Services and any amendments thereafter made time to time by DOT.
Changes to the Terms; Supplemental Terms:
You must be legally competent to enter into agreement. We may change these Terms of Service at any time. You are responsible for checking the Terms of Service periodically for changes. Your ongoing use of Eagle after the changes takes effect signifying your agreement to the new terms.
We reserve the right to modify, suspend/cancel, or discontinue any or all Service at any time without notice. We reserve the right to make modifications and alter information contained on Eagle without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of Eagle.
You expressly agree that any Service provided on Eagle shall be used by you at your risk. You are advised to hereby make proper enquiries and use the Service provided on Eagle.
To use the Services, you must register with us. When you register, you must provide complete and accurate registration information about yourself. You agree to keep this information up-to-date.
Eagle agrees to set up an account for conference calls based on the customer’s requirement details received via email, fax or online sign up. And the Account Details/Conference Licenses will be delivered to the customer through email.
You will be solely responsible for the content of the conference call. You will not (a) violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control); (b) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
You will indemnify and hold harmless Eagle, its employees, directors, officers, representatives, and agents from and against any and all liabilities, claims, suits, losses, damages, costs, fees and expenses (including attorneys fees) brought against or incurred by Eagle that arise from or relate to any breach of the forgoing warranty. Any obscene or indecent communications over the conference bridge will not be tolerated and grounds for immediate disconnection of Service.
We provide the Services as is, with all faults and as available. We make no express warranties or guarantees about Services. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) EAGLE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EAGLE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN EAGLE REPRESENTATIVE SHALL CREATE A WARRANTY. We make no representation that the Service is appropriate or available for use in any particular location and it is likely that it may be illegal to access such Service from some jurisdictions. Those who choose to access the Services do so entirely on their own initiative and at their own risk and are responsible for their own compliance with local laws, if and to the extent such local laws are applicable.
All the recorded files will be kept on server for maximum seven days, after that it will be deleted automatically. Customers are requested to please download the recording files before it gets deleted from the system, as we wont be able to recover it for you.
You agree to pay the usage rates for the Services you have ordered, as outlined in the sign up form or future exhibits and agreed upon by both you and Eagle. All charges are for domestic use only. International rates vary depending on the country and will be charged accordingly. You agree to pay all costs incurred by Eagle in collecting overdue charges, including legal fees. All charges are non refundable.
We or our suppliers may provide you with software to use with Eagle (Software). Such Software will be subject to the terms of the license agreement that accompanies the Software. If there is no license agreement presented to you with the Software, then we and our suppliers grant you a personal, non-exclusive, non-transferable, limited license to install the Software on any single computer or device from which you wish to access and use the Services. Such Software is protected by copyright and other intellectual property laws and treaties and owned by us or our suppliers. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You may access certain Services only through the software, interfaces and protocols provided or authorized by us. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Services. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the Software. We may automatically update the Software on your computer to improve the performance and capabilities of the Software. If you shut down the Software during an automatic update or otherwise interfere with the installation of the update, the Software may be damaged and/or cease to operate.
Your license will end on the date your applicable Service ends. Your license will also end if we modify the Service in a way that no longer supports the Software. We may disable the Software after the date the Service ends.
Eagle reserves the right to use the name/logo of the customers on our Software/Website/Marketing Materials.
You are using the Software and Services AT YOUR OWN RISK and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Software, although we reserve the right to do so.
You understand and agree that all information shall remain the exclusive property of Eagle. Confidential information shall not be copied, published, or disclosed to others.
You agree to grant permission to Eagle to use your logo or website or name as reference on Eagle web site.
The term of this agreement shall be on a yearly basis commencing on the date of this agreement. Thereafter, this agreement shall be automatically renewed for successive one year period, unless customer gives thirty (30) days written notice of cancellation before the renewal period. Whereas, Eagle may cancel this agreement at any time without notice.
Eagle shall have the right to assign this Agreement at anytime without prior notification. You may not assign this Agreement to anyone else.
This Agreement shall be governed by and construed in accordance with the laws of India. All disputes, claims, suits and actions arising out of this Agreement or its validity will be finally decided in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. All arbitration proceedings shall be conducted in English and a daily transcript in English shall be prepared. There shall be one arbitrator, to be selected and appointed by Eagle. The decision of the arbitrator shall be final and binding on all parties to the arbitration proceeding. The venue of arbitration shall be in Bangalore, India. Any telecommunication subject matter will fall under the guidelines of Department of Telecommunications of India, New Delhi.
Each party agrees to indemnify and hold harmless the other from any and all expenses, liabilities, debts, costs, claims, demands, sums of money and other amounts (including but not limited to all reasonable legal fees incurred in defending or handling any proceeding, lawsuit or claim) asserted against or incurred by the indemnified party as a result of any act of conduct or admission of such indemnifying party, except to the extent explicitly provided for herein.
Limitation of Liability:
Eagle shall not be liable to you or any other entity for any loss or injury that may occur due to causes beyond the reasonable control of Eagle. The sole liability of Eagle for any defect in Service is limited to the amount of any charges for the defective service, and limited to the amount charged for that specific call.
Our disclaimer and limited liability as set out in these Terms of Service are fundamental elements of the basis of the bargain services to be provided to you by us. You agree that we would not otherwise be able to offer services on its present basis without such limitations. This clause shall survive any termination of these Terms of Service.
Electronic Contracting and Notices:
Your affirmative act of registering for a conference call constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, Notices). We can send you electronic Notices
(1) To the e-mail address that you provided to us during registration,
(2) To any e-mail account you open with a Service, or
(3) By posting the Notice on the applicable Service.
These Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Your request to terminate the Service with Eagle require thirty (30) days written notice and such notice must be via email with follow up phone confirmation or via registered post with acknowledgement due. Eagle reserves the right to terminate this Agreement without notice in the event of nonpayment or other infraction or violation by customer of the terms of this Agreement or for any other reason.
Subscriptions signed up on annual commitment basis, refunds will be made after the completion of the annual term. Monthly rental will be billed until the end of commitment term.
Refund is not applicable on pre-paid subscriptions.
Our Billing is done on monthly or yearly basis for customers on subscription based billing, and cancellation notices will have to be given before the invoice is generated, once the invoice is generated payment needs to be made, and there will not be any refunds in the middle of the month or year.
Only Deposits collected at the time of account set-up will be refunded at the time of cancellation or after the contract period.
One time usage customers your accounts will be automatically generated as you register online for the conference call and the ports will be made available to you. Cancellation and refund is possible only on weekdays in business hours, if the cancellation request is received one hour prior to the scheduled conference call. Registrations, Payments and scheduling done in weekends and non business hours will not be refunded as the ports will be blocked for the scheduled conference.
Refunds will be done either through Cheque or through the original mode of payment within 15-20 business days.
Conferencing services purchased
1. PAYMENT SCHEDULE for Eagle:
For Customers on Subscription based billing mode:
A. Post paid clients: Client shall receive an invoice from Eagle for all charges incurred during the previous thirty (30) day period. Client shall remit all payments ten (10) days from the date of the invoice equal to the amount of the invoice. Unpaid account balance over ten (10) days will be assessed a late charge of 1.5% per month or maximum allowed under the law. If invoice is not paid in 10 days Eagle reserves the right to immediately deny service to the client.
B. Prepaid clients: Prepaid subscription based clients shall make the payment 5 days in advance prior to starting of the usage period. Cost of the service is based on subscription fee agreed during the sign up process and the package selected.
For Customers on One-time usage mode:
Payment is made upfront before the usage of the service through online payment options available on the site.
The Client agrees to pay the usage rates for the services the client has ordered from Eagle, as outlined in the Services & Rates Page and agreed upon by both, client and Eagle when the customer subscribed for the service. Eagle may charge the clients credit card or any other payment mode opted for at the time of subscription and the tariffs agreed upon.
Any pricing or subscription service agreement signed by both parties shall supersede this tariff. However, general terms and conditions may not be modified by any employee unless it is signed by the Managing Director of Eagle.
Eagle reserves the right to modify this agreement from time to time without notice as such we request you to frequently check the website for updates.
These Terms of Service or your use of the Eagle does not create any joint venture, partnership, employment or agency relationship between the two of us. You agree that these Terms of Service are not intended to confer and does not confer any right or remedies from us upon any person other than you.