Via~fon Audio Conferencing Customer Terms & Conditions Please read these terms and conditions carefully before using the Via~fon Audio conferencing facilities.

We recommend that you print off or save a copy of these terms and conditions to your computer hard drive for reference, also you should periodically check the terms and conditions posted on the Website in case any modifications have been made.

1.Definitions

(a) the Customer or user means the person, firm or corporation
using the service.
(b) Via-fon, us or we refers to Via-fon Limited.
(c) The service means Via-fon audio conferencing service

The Service Must be used in accord with the relevant provisions of the Telecommunications Services License 1992, and the customer agrees to use the service in accordance with such conditions. The customer agrees not to use the
service :-

i) As a means of communications for a purpose other than for
which the Service is provided, and as may be set out from time to time via the Via~fon website.

ii) For transmission of any material which is in violation of any law within the United Kingdom which includes hoax calls or calls of an intimidatory, offensive, obscene or menacing nature, or in a manner which constitutes a violation or infringement of the rights of any other party.

iii) The ‘Customer’ shall indemnify Via-fon against all claims, liabilities, losses, damages and expenses arising from or in any way connected with any such use as prescribed above.

2.Payment

The cost of connecting to the Via-fon audio conferencing service is solely the cost the customer is charged by their chosen telecommunication provider for access to the number published on the website www.via-fon.co.uk, Via-fon accepts no liability for these charges. It is the responsibility of the customer to check with their telecommunications
provider what charges will be levied for calls to the service access numbers.

3.Liability

Via-fon shall not be liable to the Customer in Contract, Tort or otherwise including any liability for negligence, for any loss of revenue, business, anticipated savings or profit or for any indirect or consequential loss howsoever arising. In the event of a failure of the
service Via-fon shall not be liable to the customer should the customer divert its traffic to another carrier.

4.Availability

Whilst we aim to provide our customers with a high quality service, it is not always technically possible to provide a fault free service and we do not undertake to do so. We accept no liability for any failure to meet any date or time required by the customer. We reserve the right to suspend the service in the case of an emergency or for operational maintenance or improvements without giving prior notice.

5. Force Majeur

Neither party shall be liable to the other for any loss or damge which may be suffered by the other party due to any cause beyond the first party’s reasonable control, including but not limited to, any Act of God, inclement weather, failure or shortage of power supplies, flood, fire, lightening strike, labour dispute, lock-out or labour disturbance, the act of omission of Government highways authorities, telecommunication operators or administrators or other competent authorities, war, military operation or delay or failure by third parties to supply or repair equipment necessary for the provision of the ‘service’.

6. Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed and interpreted in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts.

7.Indemnification

The customer shall be responsible for and shall save, defend, indemnify and hold Via-fon Limited, its officers, directors, employees and agents (each an Indemnitee) harmless from any losses, damages, costs and expenses (including but not limited to, legal and other professional fees) awards, penalties and liabilities suffered or incurred by any Indemnitee arising out of any claim, demand, suit or proceedings brought or threatened by any third party arising on or in relation to the operation of any business, service or product.

8. Security

These services necessitate the use of the Public Telephone Network and as such we cannot guarantee total confidentiality and we do not aim to do so. We rely entirely on the use of Conference Identification numbers which are issued automatically to the customer, the responsibility for use and security of the conference I.D. numbers remains solely with the customer.

Last modified: June 18, 2005