Description of the Service
The Service is a service for operating multiple-user conference calls. it is possible to register to the Service both in the Website or the Application.
Voice conference call - A User who registers to the Service can organize voice conference calls, and invite various participants from different countries to participate in the call. Any User receives an access number and code for participating in the call. The access numbers sent to Users are either local immobile numbers in the User's country of free access numbers (except for certain countries where the access number is mobile since there is no adequate fixed telecommunication infrastructure). In some countries the local infrastructure allows only 2 calls in parallel. A description and information on the access numbers in every country appear on the countries page on the Website.
It is possible to add participants to the call by using an outgoing call to the participant. In such case, the participant is identified by us through his phone number, and no code shall be required.
Our conference call rooms are secured and enable you to conduct conference calls of up to 15 participants in parallel, without time limit.
Online advanced services accompanying the voice conference calls- The Service includes advanced online services accompanying the voice conference calls, including:
Messages and reminders through SMS and/or email to the call participants;
Recording the voice conference call. In case the call participant requests to record the call we record it and keep the recording for a period of time indicated on the Website. In addition, the Company provides a service of access to archive of calls which shall be kept on cloud based services of leading cloud service providers with which the Company shall collaborate;
An advanced management system enabling the call organizer to control various features of the call, such as: creating a telephone directory for regular participants, inviting call participants directly through email or through Outlook or Google Calendar, and more. The management system enables the call organizer flexibility in connection with permissions given to various call participants and to various call features (such as the list of participants, files exchanged during the call, and more);
Chat and file sharing service between call participants during and after the call
Registering to the Service
Users of the Service are required to register while providing various details, such as name, email, phone number, and more. The User may log-in using his Google account and enable access to various features of his public Google+ profile.
In addition, the User can connect his contact people to the Service (to enable their invitation) and his Google Drive account for backup purposes. When a User organizing a call wishes to invite participants, he provides us their names and phone number/email. The participants in the call can join the voice call without registering to the Service. However, in order to enjoy the additional features of the Service (such as - being exposed to the contents of the voice call, chat, files exchanged during the call, etc.), they are required to confirm the Terms of Service and register to the Service as well.
The use of the Service is paid (except for specific promotional offers which the Company may offer). It is possible to have a monthly subscription, register on a pay-per-use basis (without use there is no charge), or purchase a pre-paid use package which is limited in time. The User may expand the Service and add additional features such as permanent code, use of a free 1-800 number, expansion to countries with access codes charging per minute, or in additional circumstances whereby additional payments may apply, as detailed during the registration process and the Company's Fee Schedule appearing on the Website.
License and Intellectual Property
The Service, the Website (including the management system) and the Application, including their code and contents (except for content uploaded by Users) are protected by copyright laws and applicable international treaties. Subject to the terms of this Agreement, Company hereby grants you a personal, non-exclusive, non-transferable license to use the Service, Website and Software subject to the terms and conditions of this Agreement. In addition, the Company is the owner of all rights in the name QCONF, the associated logo and any additional identifying feature of the Service.
Contents of the calls and the accompanying services
The Company cannot control the content of the calls, the identity of the participants and the material being exchanged by users through the advanced services accompanying the voice calls, including the chat and file sharing services. Accordingly, the Company is not responsible in any manner for them, their accuracy or their legality.
Under this Agreement, any User of the Service hereby declares that any content exchanged through the Service is owned by him or that he has the power to publish it, that it is reliable, does not jeopardize a third party right and is published in accordance with any applicable laws (including copyright, libel, privacy, labor and additional pertinent laws).
Download of the Application and use thereof
Download of the Application is free. In order to use the Application, you are required to Register to the Service as detailed above. This Agreement covers also the use of the Application.
The download of the Application is free.
While purchasing a monthly subscription, the User is required to pay by credit card the price appearing in the Fee Schedule on the Website. The price is the amount required for subscription, to which VAT shall be added as required by law. Payment is made by using an advanced payment processing system using advanced security measures. In case of using 1800 numbers, use of access numbers in countries where cost is per minute or using outgoing calls, the User shall be required to pay according to the duration of the call.
In addition, the User may register for a pay-per-use basis (without a minimum charge if there is no use) or purchase a limited prepaid package of call minutes.
In case a User has both a monthly subscription and a prepaid package, the Service shall first use the package with the shortest duration.
For the purpose of credit card payment processing the Company engages third parties, including Interpsace Ltd. (Tranzilla), whose payment processing is subject to the Terms of Service appearing at www.tranzila.com.
For the avoidance of doubt, the Company does not keep credit card details of its Users and cannot restore such details. The User can follow his payments and inspect his invoices through the Service.
The Company may change the Fee Schedule during the month, and provide its Users a 14-days prior notice before charging the new price.
The site operator may perform verification process on the card (J5) by reserving a small amount (less than 1 USD). This (transaction authentication J5) is designed to ensure the integrity of the customer's credit card. no actual payment is taken off the card. It is just reducing the card limit (Obligo). You can see the payment description in your bank statement online, in an SMS from your bank or by contacting your bank's support. The statement will show the amount reserved.
Any User may remove the Application from his mobile device at any time.
Any User may disconnect from the Service at any time. A monthly subscription shall remain active until the end of the month.
At the end of the last month a final account shall be sent to the User and additional costs and differences may be charged (if there are any).
This provision is subject to any applicable laws (including consumer protection laws) at the relevant time in connection with the consumer's right to cancel a transaction. Presently, the consumer may cancel such transaction within 14 days, and receive proportionate refund of payment for the period in which Service was not provided.
In case cancellation of the subscription is due to breach of the Agreement by the Company due to lack of Service for more than 72 hours after being alerted by the User, the subscriber shall be entitled to refund only for the period in which the Service was unavailable. It is hereby agreed that the subscriber shall not be entitled to compensation beyond the monetary refund for the period in which the Service was unavailable.
In case refund is demanded, as long as it is found justified the Company shall deduct from the refund any applicable cancellation fees of the credit card company (if any).
The Company shall be entitled at any time to block a User's access, in case it believes, in its own discretion, that the User (including a subscriber) has breached this Agreement or has acted in the Service, Website or Application in an unreasonable manner of in contradiction to applicable law. In case a subscriber is blocked accordingly is a paid subscriber, he shall be charged until the day in which he was blocked.
In addition, in case a subscriber is late in payment (or when his credit card details are dysfunctional) the Company shall be entitled to block his access and cancel the subscription effective immediately.
Your use of the Service, Application and Website
You may not use the Service, the Website and Application to perform any activity which is in violation of any applicable laws. Without derogating from the generality of this statement, You shall not use the Service, Website or Application for the purpose of uploading, downloading, distribution, publication or broadcast of anything in a manner which violates any rights, including intellectual property rights, privacy rights, and/or any other right and material which is banned for publication or use for being false, defamatory, racial or inappropriate for another reason, or violates consumer protection laws, telecommunications laws, anti-spam laws or any other applicable laws.
In addition, You may not use any automatic means (including "spiders", "robots", etc.) in order to copy the contents of the Service and/or the Website and/or the Application, unless this is done to present information (which is presented publicly to all Users) in the results of a general search engine (such as "Google").
The User hereby undertakes to use the Service in a reasonable manner, under the terms of this Agreement.
When you register to the Service, you provide details including email address (which serves as a user name) and choose a password. These details are for your own personal use, and it is your sole responsibility to maintain them in secrecy. The Company cannot verify the identity of the person using your details. Therefore, the Company shall not be liable to you for any unauthorized use of your user account.
Additional declarations of the User
The User hereby declares that he is aware of the fact that the conference call services are not clean from mistakes, and may not be fully functional at all times. This is so considering that the telecommunications services are subject to immobile telecommunications services of third parties on which the Company has no control;
Participants of the voice conference calls are obliged to pay their telecommunications service providers with the cost of the call to the access number provided to them by the Company to access the conference call. The company takes best efforts to provide cheap access numbers. However, it is possible that in some countries, in some packages of certain telecommunications providers the participant shall be required to pay high fees for the call. In case the participant knows that under his telecommunications subscription making a call to an immobile number is expensive, he is welcome to contact us so that we can explore the possibility to provide a cheaper access number. The User can enable participants advanced and more comfortable access to the calls such as free 1-800 numbers, expanding the numbers and using number charging per minute, or use outgoing calls to the participant. The User understands that these advanced methods of communications may incur additional charges and undertakes to incur such charges, subject to the fees presented in the Service. The User can enable such advanced communications method for a certain country or through limiting the amount per minute. Such limitation per minute shall enable only participants meeting this limitation to join the call. In case the User chooses a permanent code he declares that he understands that the permanent code is a password in every respect, and he undertakes not to transfer the principal code (or mails consisting it) to anyone. In addition, he undertakes to send the participation code only to participants and to instruct them not to pass it (or the email) onwards to anyone who is not authorized to join the call. In addition, in case of a permanent code, the User declares that he understand that such code is naturally less secured (since the code is active for a longer time), and the company shall not bear any liability for unauthorized use of the code. It is the User's responsibility to occasionally update the permanent code in its possession to increase the security of the call.
In case the User invites participants through the Service the system shall do its best to invite participants through email invitation and reminders and through notifications and SMS. The User bears the sole responsibility to make sure that the participant knows about the call and that it has been confirmed, since emails may be delayed, enter junk mailbox or not reach the recipients for other technical reasons.
Every call room generates its own link for the conference call. It is possible to invite participants through sharing the link in any manner. The User is aware that sharing the link provides access to the conference call to whoever receives the link.
In case the User requests to use a recording of a call, he must make sure that the call recording sign appears at the beginning of the call and that during the call an announcement was made that this is a recorded call.
For the avoidance of doubt it is hereby clarified that QCONF does not inform the participants in a conversation about call recording status, the user undertakes not to use the built-in recording capability to carry out wiretapping and notify participants if necessary.
Every user of the Service explicitly agrees to receive SMS and/or emails from us in connection operating and maintaining the Service. In addition, the conference call organizer who provides us participants' contact details grants us permission to send SMS/email to the call participants, in connection with the call.
In case a User purchases a pre-paid call package for a limited duration, he is aware that after that duration unexploited call time may be deleted and is non-refundable.
The Company is not obliged to maintain the history or contents of the call, and the sole responsibility in this regard lies on the call organizer.
Customer Complaints and Customer Service
If you encounter any problem with the Service or have any questions relating to the Service, you are welcome to contact us with any query at firstname.lastname@example.org, and we will do our best to answer you shortly. In case a complaint is found justified and the Service is paid, a proportional refund shall be made for the cost of the call to the User. the User hereby declares that this refund shall constitute full compensation for any such malfunction of the Service.
Changes to this Agreement
Company may change to the Service at any time and for any reason, without prior notice to You. As long as these changes are unacceptable to You, you can refrain from using the Service or cease your subscription. In any event, as long as these changes do not render the Service illegal, you shall not be entitled to compensation due to such changes.
Acknowledgment regarding use of the Service and disclaimer of warranties
The Service, Website and Application are provided "as is", without warranty of any kind. Company makes no warranty, express or implied, regarding the Service, Application and Website, including the accuracy of information appearing therein (including contents of the calls). Among others, the Company shall not be liable in any manner towards Users for any malfunction related to the calls or the Service, including problems in voice or hangouts during the call, problems with invitations to the calls, problems in relation to recording the calls or to the entering of unauthorized people to the call. In addition, any liability for contents uploaded by Users (including contents of the calls) shall vest only on the Users. You hereby agree that the Company does not supervise the content of the calls.
In case the User has any claims or demands in relation to the quality of the phone line, the User should approach directly to his telecommunications service provider. In case the User approaches the Company in this regard, the Company shall refer him to settle the matter with his telecommunications provider.
In addition, in some cases the Service enables written communications (such as a post of chat). This activity is done at the sole responsibility of the Users and the Company shall not bear any liability in relation thereto.
In any event, even if the Company bears any liability towards a User or any third party for any reason, such liability shall not exceed the last payment made by such person to the Company or the last Bill he paid.
Company shall not be liable for any delay or failure of access to the Service resulting from causes which are outside its reasonable control (force majeure), such as acts of god, terrorism, war, riots, fire, floods, strikes or shortages, and such failure shall not be deemed as breach of Agreement by the Company and shall not grant you with any right for damages.
This Agreement is governed by Israeli law. You also agree to submit to the exclusive personal jurisdiction of the competent courts in Tel Aviv, Israel with respect to any matter relating to this Agreement, its enforcement, interpretation or any other conflict in relation thereto, and no other courts or tribunals shall have jurisdiction over such matters