Eagle Conferencing Terms of Service

Eagle Conferencing Private Limited: 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 of 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 take effect signifies 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.

Registration:

You will be registered for this service through Charity Technology Exchange. Account Setup:

Eagle agrees to set up an account for conference calls based on the customer information provided to Charity Technology Exchange. Account Details/Conference Licenses will be delivered to the customer by email.

No Warranties:

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.

Charges:

Charges for services provided through the Eagle Charity Donation Scheme are waived.

Support Services:

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.

Data Protection:

The Eagle Privacy Policy explains the practices that apply with your information when you use the Services. You consent to the transfer of this information to and within the territory of India or other countries for processing and storage by us. Additionally, you agree that we may use your registration information to authenticate you on any service provided by us or affiliates.

Confidential Information:

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.

Intellectual property:

You agree to grant permission to Eagle to use your logo or website or name as reference on Eagle web site.

Term:

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. Whereas, Eagle may cancel this agreement at any time without notice. Either party may cancel the Services at anytime without any penalty subject to notices.

Assignment:

Eagle shall have the right to assign this Agreement at anytime without prior notification. You may not assign this Agreement to anyone else.

Governing Laws:

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.

Indemnification:

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.

Acknowledgment:

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.

Entire Agreement:

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.

Cancellations:

Your request to terminate the Service with Eagle require thirty (30) days written notice and such notice must be via fax 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.

Agreement:

Eagle reserves the right to modify this agreement from time to time without notice as such we request you to frequently check this page for updates.

Relationship:

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.