Terms of Service

IMPORTANT- READ CAREFULLY: CUSTOMER’S USE OF THIS WEBSITE AND GLOBAL CONFERENCING SOLUTIONS SERVICES ARE CONDITIONED UPON CUSTOMER’S COMPLIANCE AND ACCEPTANCE OF THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE GCS SERVICES. CUSTOMER IS ENCOURAGED TO PRINT OR DOWNLOAD THESE TERMS AND CONDITIONS AND SAVE THEM FOR CUSTOMER’S RECORDS.

This Agreement (the “Agreement”) is between the individual or legal entity using, purchasing or opening an account for GCS Services (“Customer”) and the Global Conferencing Solutions related entity which invoices Customer for the GCS Services (“Global Conferencing Solutions”). Please read this Agreement carefully before installing, accessing, or otherwise using the GCS Services. By installing, accessing, or otherwise using GCS Services, Customer agrees to be bound by this Agreement. Please maintain a copy for Customer’s records. Global Conferencing Solutions reserves the right to reject the online registration of any Customer in Global Conferencing Solution’s sole discretion.

Service Description

This Agreement governs the purchase and use of Global Conferencing Solution’s audio and web conferencing services and related products and services (“GCS Services”). Global Conferencing Solutions may alter, expand, or reduce the features of the GCS Services from time to time without notice to Customer. Customer agrees that Global Conferencing Solution’s obligation to provide GCS Services is conditioned upon Customer providing all information and assistance reasonably required to perform the GCS Services and Customer hereby agrees to timely provide all such information and assistance. Global Conferencing Solutions reserves the right to reclaim any dial-in numbers at any time. Customer acknowledges that not all GCS 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. Existing Global Conferencing Solutions customers are able to convert to GCS Services only if all owners under that customer’s account are converted to GCS Services.

Definitions

“Effective Date” means the date the GCS 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 Global Conferencing Solutions to invoice and charge Customer for the GCS Services ordered by Customer.

“Registration Information” means information provided by Customer as part of the process of ordering GCS Services from Global Conferencing Solutions, 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 GCS Services in accordance with this Agreement, including contractors, consultants or other individuals authorized by Customer to use the Service.

Termination of the Agreement

Either Customer or Global Conferencing Solutions 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.

Termination For Cause

The GCS 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 if the breach is a payment breach. Such a termination shall be deemed a Termination For Cause.

Effect of Termination

If Customer the Services for Cause: (a) Customer will pay for all GCS Services rendered up to the date of termination; (b), Global Conferencing Solutions will reimburse Customer for any amounts prepaid by Customer for GCS Services not rendered; and (c) Customer shall be relieved of any future payments due under such Subscription. Notwithstanding the prior sentence, if a Customer has selected an Annual Subscription Term and has terminated the GCS Services for Convenience (or it has been terminated by Global Conferencing Solutions for Cause), Customer shall be liable for 70% of any remaining monthly payments due to Global Conferencing Solutions and Global Conferencing Solutions has no obligation to reimburse such amounts if prepaid.

All use of GCS Services after termination shall be billed at standard rates.

Payments and Charges

Global Conferencing Solutions 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. Global Conferencing Solutions 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.

Customer must notify Global Conferencing Solutions of any disputed charges within thirty (30) days from the date of the invoice, otherwise Customer will be deemed to agree to such charges and Global Conferencing Solutions will not be subject to making adjustments to charges or invoices. Only one employee can be designated for each Named User Account. Named User Accounts may not be shared.

Per minute Services are charged by multiplying all inbound or outbound legs of all conferences by the applicable per minute rate. Customer should review https://www.globalconf.com for additional charges and options applicable to the Services.

Price Changes

CUSTOMER ACKNOWLEDGES AND AGREES THAT STANDARD RATES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT GLOBAL CONFERENCING SOLUTIONS PROVIDING SPECIFIC NOTICE TO CUSTOMER BY GLOBAL CONFERENCING SOLUTIONS POSTING NEW STANDARD RATES. CUSTOMER THEREFORE AGREES TO CHECK GLOBAL CONFERENCING SOLUTIONS’S STANDARD RATES FROM TIME TO TIME AND IN EACH CASE PRIOR TO USING ANY GCS SERVICES SUBJECT TO STANDARD RATES. NEGOTIATED RATES ARE SUBJECT TO CHANGE AT ANY TIME ON THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO CUSTOMER.

Unpaid Charges

In the event charges due are not timely paid in full for any reason, Global Conferencing Solutions shall have the right to suspend all or any portion of the GCS Services until such time as all charges and applicable interest amounts and/or late fees have been paid. Following such payment, Global Conferencing Solutions may reinstate GCS Services only upon satisfactory assurance of Customer’s ability to pay for GCS Services, including modified payment terms such as prepayment and/or accelerated invoicing. Such suspension shall not relieve Customer of any payment liability. Customer agrees to reimburse Global Conferencing Solutions for any costs, expenses, or fees expended by Global Conferencing Solutions in connection with any collection efforts against Customer, including reasonable internal and outside attorneys’ fees.

Taxes, Fees and Surcharges

In addition to the rates for the GCS Services, Customer shall pay all applicable fees, duties, tolls, administrative assessments, surcharges, or taxes now or hereafter attributable to the GCS Services and included on Customer’s invoice.

License

Subject to Customer’s compliance with the terms and conditions of this Agreement, Global Conferencing Solutions hereby grants Customer a non-exclusive license during the Subscription Term to use the GCS Services. Except as specifically set forth herein, Global Conferencing Solutions or its suppliers retain all right, title, and interest, including all intellectual property rights, relating to or embodied in the GCS Services, including without limitation all technology, telephone numbers, web addresses, software, or systems relating to the GCS Services. Customer agrees not to reverse engineer, decompile, disassemble, translate, or attempt to learn the source code of any software related to the GCS Services. Customer may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a Web-site or otherwise generate income from the GCS Services or use the GCS Services for the development, production or marketing of a service or product substantially similar to the GCS Services.

Customer may not use the GCS Services in an attempt to, or in conjunction with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. All rights not expressly granted by Global Conferencing Solutions are hereby reserved. Customer agrees that it will not take any action to interfere with Global Conferencing Solutions’s ownership of or rights in the GCS Services. Global Conferencing Solutions is under no obligation to provide Customer with any error corrections, updates, upgrades, bug fixes and/or enhancements. Customer agrees that (except as otherwise provided in this Agreement) it will not: (i) reproduce, republish, display, frame, download (except as expressly authorized herein), distribute, or transmit the GCS Services; (ii) redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the GCS Services; (iii) modify or create any derivative works based on the GCS Services, including customization, translation, or localization unless otherwise directed by Global Conferencing Solutions; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any GCS Services or files, or parts thereof, included as part of the GCS Services; (v) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the GCS Services, or in any way ascertain, decipher, or obtain the communications protocols for accessing the GCS Services, or the underlying ideas or algorithms of the GCS Services; (vi) create or use any GCS Services other than that authorized by Global Conferencing Solutions to access the GCS Services; (vii) attempt to gain unauthorized access to the GCS Services or to any account, application, platform, computer system or network associated with the GCS Services; (viii) use the GCS Services in any way that violates this Agreement, or any other agreements to which Customer is a party, or any law; (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the GCS Services or associated with the GCS Services; (x) post, transmit, redistribute, upload, or promote any materials that (a) violate or infringe in any way upon the rights of others, including without limitation copyrights and trademarks, (b) contain corrupted files, viruses, or any other similar GCS Services files the intent of which is to damage the operation of another’s computer or the GCS Services, (c) are unlawful, threatening, harassing, abusive, defamatory or invasive of privacy or publicity rights, (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other Customers, individuals or entities, (e) encourage conduct that would constitute a criminal offense, or (f) give rise to civil liability; or (xi) undertake any conduct that, in the judgment of Global Conferencing Solutions, intentionally restricts or inhibits any other user from using or enjoying the GCS Services or the GCS Services. Customer will have sole responsibility for the adequate protection and backup of its data and/or equipment used with the GCS Services.

Responsibility for Customer’s Accounts

Customer is responsible for maintaining the confidentiality of Customer’s accounts, owner numbers, conference codes, passwords and personal identification numbers used in conjunction with the GCS Services and for all uses of the GCS Services in association with Customer’s accounts whether or not authorized by Customer. Global Conferencing Solutions does not sell products or GCS Services for children. Customer will not allow children under 18 to use the GCS Services without the involvement of a parent or guardian. Customer agrees to immediately notify Global Conferencing Solutions of any unauthorized use of Customer’s account of which Customer becomes aware. Customer is solely responsible for updating and maintaining its Registration Information. Global Conferencing Solutions reserves the right to terminate GCS Services if Customer fails to provide, update or maintain complete and current Payment and Registration Information.

Responsibility for Communications

Customer is the sole owner of content and solely responsible for the content of all communications (visual, written or audible) using Customer’s accounts. Although Global Conferencing Solutions is not responsible for any such communications, Global Conferencing Solutions may suspend or immediately terminate Customer’s GCS Services upon any determined use of which Global Conferencing Solutions is made aware. Use of conference recording or taping any use of the by Customer may subject Customer to laws or regulations and Customer is solely responsible for and obligated to provide any required notification to participants prior to commencement of said recording or taping. Customer acknowledges and agrees that Global Conferencing Solutions has not and is not expected to provide Customer with any analysis, interpretation or advice regarding Customer’s compliance with the above and does not control Customer’s content nor guarantee the accuracy, integrity, security or quality of Customer’s content.

Privacy and Data Use

The information Global Conferencing Solutions holds about Customer will be used to provide the GCS Services and for identification, account administration, analysis and fraud/loss prevention purposes. Each party will comply with all applicable personal data protection and privacy laws where such party is located (the “Data Protection Laws”). The parties acknowledge and agree that: (i) Global Conferencing Solutions may have access to personal data under the Data Protection Laws and will: (a) use it solely for the purpose of providing the GCS Services; (b) process it only in accordance with Customer’s instructions; and (c) take appropriate technical and organizational measures to prevent unauthorized or unlawful processing, accidental loss, destruction or damage to it; (ii) personal data may be processed by Global Conferencing Solutions and its affiliates throughout the world; and (iii) Customer is the data controller and retains full responsibility for the data processed on its behalf by Global Conferencing Solutions acting as data processor. More details about how that information is used can be found in Global Conferencing Solution’s privacy policy which governs Customer’s visit to Global Conferencing Solution’s website and use of the GCS Services. Copies are also available from us by post, by contacting customer service.

Limited Warranty

ALL GCS SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY. CUSTOMER UNDERSTANDS AND AGREES THAT GLOBAL CONFERENCING SOLUTIONS’S GCS SERVICES AND THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GLOBAL CONFERENCING SOLUTIONS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GLOBAL CONFERENCING SOLUTIONS MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH GLOBAL CONFERENCING SOLUTIONS’S SERVICE REPRESENTATIVES OR WEBSITES, OR THAT THE GCS SERVICES WILL MEET ANY OF CUSTOMER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE GCS SERVICES AND WEBSITE ARE AT CUSTOMER’S SOLE RISK. GLOBAL CONFERENCING SOLUTIONS IS NOT LIABLE FOR ACTS OR OMISSIONS OF OTHER SERVICE PROVIDERS, FOR INFORMATION OR CONTENT OF COMMUNICATIONS, THIRD PARTY GCS SERVICES, EQUIPMENT FAILURE OR MODIFICATION, OR CAUSES BEYOND GLOBAL CONFERENCING SOLUTIONS’S REASONABLE CONTROL.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLOBAL CONFERENCING SOLUTIONS, OR ITS SUPPLIERS OR THEIR AFFILIATES, BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER OR LOSS OF GOODWILL, DATA OR PROFITS, OR COST OF COVER ARISING OUT OF, OR RESULTING FROM THE GCS SERVICES, THIS AGREEMENT OR ANY ORDER FORM REGARDLESS OF THE LEGAL THEORY OF RECOVERY, EVEN IF GLOBAL CONFERENCING SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 LESSER OF THE AMOUNT OF A REFUND OF THE PRICE THAT CUSTOMER ACTUALLY PAID FOR THE GCS SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE FILING OF SUCH CLAIM REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, OR OTHER LEGAL THEORY) OR ONE HUNDRED DOLLARS (US $100).

Indemnification

Customer shall indemnify, defend and hold Global Conferencing Solutions, its suppliers, their affiliates and their officers, directors, employees (the “Global Conferencing Solutions Indemnitees”) harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorneys’ fees, which arise out of or relate to: (1) Customer’s use of the GCS Services (including without limitation, any person accessing the GCS Services using Customer’s account); (2) any fraud, misuse, manipulation, or actual or alleged violation of this Agreement, any Subscription or any applicable law, rule or regulation by Customer or any person accessing the GCS Services using Customer’s account; (3) any determined use by Customer or any person accessing the GCS Services using Customer’s account; and/or (4) any actual or alleged infringement or violation by Customer or any person accessing the GCS Services using Customer’s account of any intellectual property or privacy or other right of any person or entity.

Confidentiality

Global Conferencing Solutions and Customer agree to use commercially reasonable efforts to protect from unauthorized disclosure Confidential Information of the other party. Confidential Information shall mean information that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use and marked as Confidential (“Confidential Information”). The parties agree that Confidential Information may be disclosed to employees, affiliates, suppliers or advisors on a need-to-know basis and who agree to be bound by confidentiality terms and conditions at least as stringent as those herein. This confidentiality obligation shall not apply to any information (i) independently developed by a party, (ii) generally available to the public other than by a party’s breach of this Agreement, (iii) already known by a party at time of disclosure to that party, or (iv) rightfully received from a third party without restriction on disclosure or an obligation of confidentiality running directly or indirectly to the other party. Nothing shall prevent or prohibit the receiving party from providing access to Confidential Information as may be required by law, rule or regulation provided that the receiving party gives as much notice as is reasonably practical and provides reasonable assistance to the disclosing party in challenging the disclosure so required by law, rule or regulation. Notwithstanding the foregoing, the parties acknowledge that Recipient shall not be required to return to Discloser or destroy those copies of Information residing on Recipient’s backup, disaster recovery or business continuity systems and the obligations hereunder with respect to such Information shall survive until such Information is destroyed.

Governmental Agencies

Use of the GCS Services by the United States Government or other governmental agencies shall be as “restricted computer software” or “limited rights data” as set forth in 48 CFR 52.227-14, or as “commercial computer software” or “commercial computer software documentation” under DFARS 252.227-7202, or under such other similar applicable terms and conditions to prevent the transfer of rights in and to the technology to the government or such agency other than under normal commercial licensing terms and conditions. Contractor/manufacturer is Global Conferencing Solutions, Inc., 2825 Cottonwood Parkway, Suite 500, Salt Lake City, UT 84020.

Export and Import Control Laws and Regulations

Customer acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the GCS Services and any related software. Without limiting the foregoing, Customer acknowledges that the GCS Services and any related software are or may be an “encryption item” subject to controls under the Export Administration Regulations promulgated by the U.S. Department of Commerce. Customer agrees not to export or re-export the GCS Services or any related software in any form in violation of the export laws of the United States or any foreign jurisdiction.

Message delivery Services

If Customer uses GCS Services to send fax, email, phone, text, SMS, or other messages (“Messages”) to any recipients (the “Recipients”) as a condition for using such GCS Services, Customer represents and warrants that a) that Customer will not make any automated outdials to induce the purchase of goods or GCS Services or to solicit a charitable contribution; and (b) Customer has the legal right to send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the content timing and purpose of all Messages, campaigns and programs are in compliance with all applicable laws, rules and regulations including those with respect to timing, content, do not call lists and: the following laws of the United Sates: TCPA 47 USC 227; CANSPAM Pub. L. No. 108-187; and TSR 16 CFR 310; the following laws of Canada: the Canadian Radio-television and Telecommunications Commission concerning telemarketing and unsolicited faxes, Personal Information Protection and Electronic Documents Act; and from the following laws of the United Kingdom: the UK Privacy and Electronic Communications Regulations 2003. Customer further acknowledges that Customer is the sender of all Messages and Global Conferencing Solutions is acting at Customer’s direction as the broadcaster of the Messages. Global Conferencing Solutions does not provide content and Customer shall be solely responsible for all content of the Messages and for providing any list of names, numbers or addresses for Global Conferencing Solutions to utilize in sending Messages.

Enforceability/Waiver

If any part of this Agreement is determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation of risks, and the remainder of the Agreement will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Global Conferencing Solution’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless agreed to by Global Conferencing Solutions in a non-electronic writing manually signed by a duly authorized representative of Global Conferencing Solutions. If there is any law, rule, regulation or policy that causes Global Conferencing Solutions to be regulated or that causes the Agreement or GCS Services to be in conflict with such law, rule, regulation or policy, Global Conferencing Solutions may terminate or modify the affected GCS Services without liability.

Miscellaneous

Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. Customer acknowledges that Global Conferencing Solutions is an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This Agreement is for the sole benefit of Global Conferencing Solutions and its affiliates and Customer and is not intended to, nor shall it be construed to, create any right or confer any benefit on any other party. The parties do not intend that this Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to this Agreement. The parties confirm that they wish to have this Agreement written in English only. Les Parties aux presentes confirment leur volonte que cette Convention soit redigee en langue anglaise seulement. Customer authorizes Global Conferencing Solutions’s monitoring including recording of calls for the purposes of quality assurance and Customer further consent to Global Conferencing Solutions’s use of automatic dialing equipment to contact Customer. Global Conferencing Solutions’s performance of the GCS Services is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Global Conferencing Solutions’s right to comply with governmental, judicial and law enforcement requests or requirements relating to Customer’s use of Global Conferencing Solutions’s Website, the GCS Services or information provided to or gathered by Global Conferencing Solutions with respect to such use. Customer may not assign this Agreement to any other person or entity without Global Conferencing Solution’s prior written approval, but nothing restricts Global Conferencing Solution’s ability to assign this Agreement or subcontract the GCS Services hereunder.

Governing Law; Exclusive Forum; Jurisdiction

If Customer is incorporated or registered in, or if not incorporated or registered, resides in North, Central or South America or any other region of the world not mentioned above, this Agreement shall be governed and construed by the laws of Utah USA and Customer irrevocably agrees and consents to the exclusive jurisdiction and venue of the courts sitting in Salt Lake City, UT USA with respect to any dispute, controversy or claim arising out of or relating to this Agreement or any GCS Services provided by Global Conferencing Solutions.

Customer agrees to service of process by mail directed to Customer’s billing address. Customer waive all defenses including but not limited to sovereign immunity, lack of personal jurisdiction and forum non conveniens and expressly waive any right to bring suit or have any action heard in Customer’s local courts. Customer agrees that any claim or cause of action arising out of or related to this Agreement must be commenced by Customer within one (1) year after the cause of action arose.

Force Majeure

Global Conferencing Solutions will not be responsible for delays and/or defaults in its performance due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing; acts of terrorism, wars, hostilities, revolutions, riots, civil commotion, national emergency, fire or explosion, flood, force of nature, embargoes, accidents, acts of God, or stability or availability of the Internet, the elements; telecommunication system failure; technology attacks, epidemic; quarantine; viruses; strike; lockouts; disputes with workmen or their labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; acts or request of any governmental authority; or any other cause beyond Global Conferencing Solution’s control, whether or not similar to the foregoing.

Entire Agreement

This Agreement in constitutes the entire agreement between Global Conferencing Solutions and Customer with respect to the GCS Services and supersedes all prior or contemporaneous communications and proposals, representations, promises, or agreements, whether electronic, oral, or non-electronic, between Global Conferencing Solutions and Customer regarding them. Customer agrees that any terms or conditions contained in any document, including but not limited to a purchase order, acknowledgement, email, or other document that Customer may now or later provide to Global Conferencing Solutions, will have no effect and that this Agreement is the only contract between Global Conferencing Solutions and Customer regarding the GCS Services and may only be amended as set forth herein. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. A printed version of this Agreement and of any notice given to Customer in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notices

Notices from Global Conferencing Solutions to Customer under this Agreement may be sent by mail, email, fax or other electronic media and will be considered given upon delivery to the physical address, fax number, email address or other contact information provided by Customer for billing or account management purposes. Notices to Global Conferencing Solutions must be sent to the address mentioned in Global Conferencing Solutions’s invoice to Customer with a courtesy copy to 2825 Cottonwood Parkway, Suite 500, Salt Lake City, UT 84020, Attn: Legal Department; Email: [email protected] All notices shall be in English.

Modification

Global Conferencing Solutions may, at any time, amend the provisions of this Agreement. Any amendment proposed by Customer may only be accepted by Global Conferencing Solutions in a non-electronic writing manually signed by authorized representatives of the parties. Notwithstanding anything in this Section to the contrary, if Global Conferencing Solutions posts amended terms on its Website, such terms will automatically become effective ten (10) days after they are posted on the Website. By using the GCS Services after such revised terms are posted, Customer agrees to be bound by any such amended provisions. Therefore, Customer agrees to periodically visit the Website to examine the then-current Agreement.