SoConference
U.S.A.
U.S.A.
U.S.A.
vider
These Terms and Conditions of Use apply to the commercial dealings between the company BJT PARTNERS, “Société par Actions Simplifiées” registered with the RCS PARIS under No. 480 234 210 whose registered office is 26 rue Friant in Paris, France (75014) (hereafter "BJT PARTNERS" or "Provider") and its customers (hereafter "Subscriber" or "Client") using this service for any professionnal activity.
These Terms and Conditions of Use set out the rights and obligations of the Parties under the provision and use of conference call services available from the websites www.soconference.fr., www.soconference.be, www.soconference.ch, www. soconference.lu www.soconference.com, www.soconference.hk, www.soconference.ie, www.soconference.co.nz, www.soconference.co.za or www.soconference.co.uk depending on the location of the Client. The Client may save, print and retain these Terms and Conditions of Use as well as all other provisions contained in any other document, unless otherwise specified by prior written consent. In the case of a particular clause of these Terms and Conditions of Use becoming unenforceable for any reason whatsoever, this clause would be modified to become applicable. The language of these Terms and Conditions of Use will be either French or English, depending on the location of the Client.
“Service” refers to all teleconferencing services (online and telephonic) provided by SoConference and accessible via the websites associated with SoConference.
“Organizer” refers to the individual using SoConference for the purpose of organizing a teleconference.
“Participant(s)” refers to all persons invited by the Organizer to take part in a conference call; stipulating that the Organizer is authorized to invite one or more participants.
“Client” refers to the Organizer and/or Participant.
“Reservation” refers to the process by which the Organizer notifies the Participant(s) of intent to hold a conference call and provides the details thereof by email.
“Access Number” refers to the phone number that the Organizer and Participant(s) must call in order to access SoConference’s teleconferencing services, and is provided as soon as a teleconference is scheduled.
"Organizer Access Code" refers to the personal security code that the Organizer receives by email upon booking a conference call. The Organizer must provide the Organizer Access Code upon calling the Access Number in order to use SoConference’s call services.
“Participant Access Code” refers to the personal security code received by the Participant(s) by email once a conference call has been scheduled. The Participant Access Code must be provided upon calling the Access Number in order for the Participant(s) to use SoConference’s call services.
“Online Space" refers SoConference’s interface that enables document sharing and management of the conference call. The link to access the Online Space is provided to the Organizer and the Participant(s) as soon as the conference call has been scheduled.
BJT PARTNERS allows its Clients to schedule and hold conference calls through the webistes menationed in the preamble.
The Organizer is provided two methods of organizing conference calls, reservation through email or through the creation of a new event in the Organizer’s online agenda, with the Organizer and the Participant(s) understanding that it is necessary to dial the Access Numbers provided by SoConference by means of touch-tone telephones in order to use the service.
In organizing a conference call by email, it suffices for the Organizer to send an email to the Participant(s) with the date and time of the of the conference call, including in the list of recipients the email address indicated on one of the SoConference websites.
Upon receiving this email, SoConference will immediately send one email to the Organizer containing the Access Number, Organizer Access Code and a link for the Online Space, and another email to each Participant containing the Access Number, an individual Access Code and a link for the Online Space.
In organizing a conference call through an online agenda, it suffices for the Organizer to create a new event in the calendar of his or her email (for example: Google Calendar), give the event a name, specify the date and time of the conference call (example: conference call, 3/18/2014 at 3:00 pm), and invite Participants with his or her email contact list, making sure to include the email address for reservations provided on one of SoConference’s websites.
Upon receiving the event invitation, SoConference will immediately send one email to the Organizer containing the Access Number(s), Organizer Access Code and a link for the Online Space, and another email to each Participant containing the Access Number(s), an individual Access Code and a link for the Online Space.
To use the service, the Organizer and Participant(s) are required to call one of the Access Numbers provided to them and then dial their personal Access Code.
BJT PARTNERS uses only the information necessary to process the conference room booking, i.e. the subject header of the email and the email addresses of Participant(s). BJT PARTNERS does not keep a copy of either the emails or invitations sent by the Organizer. These are automatically deleted from SoConference’s servers as soon as the booking is completed.
For more information on the Service, Clients are invited to consult SoConference’s FAQ section.
By using SoConference, the Organizer and Participant(s) acknowledge having read and accepted all provisions of the Terms and Conditions of Use and agree to submit fully.
The Terms and Conditions of Use are accessible through the websites as well as through the Access Numbers of the Service.
The Organizer and Participant(s) also acknowledge full legal capacity or have the permission of the person(s) authorized to accept and submit to these Terms and Conditions of Use.
The use of one or more SoConference services and/or websites implies full acceptance of and compliance with these Terms and Conditions of Use by the Client.
Any additional costs (subscriptions to internet service, mobile data, etc.) incurred through the use of Services shall be the sole responsibility of the Client.
All information concerning use of the Service is provided on SoConference’s websites. For further information, Clients may contact Client service using the online contact form. As Client service is only available in French and English, a response to messages in other languages ??can not be guaranteed.
BJT PARTNERS reserves the right to change the method of service use as well as the Terms and Conditions of Use at any time; especially in case of the introduction of new services. BJT PARTNERS reserves the right to modify at any time the list of Access Numbers. Clients are informed of each of these changes by email (sent to the email address provided upon booking of a conference) or through one of SoConference’s websites. Any and all changes to the Terms and Conditions of Use shall apply to all Clients, including those using SoConference’s services prior to the change, with continued use of services implying full acceptance of and compliance with the modified Terms and Conditions of Use. Any business relationships with BJT PARTNERS will automatically cease if the Client informs BJT PARTNERS of his or her refusal to abide by the modified Terms and Conditions of Use.
BJT Partners offers a standard conference call service, accessible through local telephone numbers. BJT Partners does not bill the Client directly for service. The Client must pay the cost of calling the Access Number at the rate applicable on the date of use of the service.
The cost of the above-mentioned call will appear on the Client’s regular phone bill, so it is the Client's responsibility to verify the cost of the call with his or her phone service if necessary.
BJT Partners does not charge booking fees for use of Service.
Le contract becomes active
- For the Organizer, once the reservation process is complete; meaning as soon as SoConference sends the Organizer and Participant(s) an email with Access Numbers and Access Codes.
- For the Participant, once he or she has entered his or her Access Code via telephone or accessed a personalized link to the conference’s Online Space, for a period equalling the duration of the use of Services, with use of the Service indicating the acceptance of these Terms and Conditions of Use.
The Service must only be used in a legal capacity.
Clients recognize that they should not use the Service to receive or transmit any information that is unlawful, harmful, defamatory, vulgar, obscene or in any way objectionable.
BJT PARTNERS has no control over the content of the information conveyed on its network. In cases where the responsibility of BJT PARTNERS would be sought because of failure by the Client to uphold their obligations under the law or these Terms and Conditions of Use, they agree to take it upon themselves to prevent any judgement against BJT PARTNERS, with this guarantee including the coverage of all legal fees, allowances and attorney fees by the Client.
The Organizer and the Participants are solely responsible for the use and monitoring of elements communicated through SoConference, including Access Codes that are sent to them.
The Client agrees not to use software or manual processes to copy SoConference’s web pages, interfere or attempt to interfere with the proper operation of the Service, including by overloading the capacity of the infrastructure of BJT PARTNERS.
BJT PARTNERS will immediately inform the necessary authorities in the case of any breach in the security of its data and / or its network.
In any action brought by a third party against BJT PARTNERS following an offense or a breach of the Terms and Conditions of Use which would be attributable to one or more Client, the Client(s) agree(s) to indemnify BJT PARTNERS (including its employees , directors, agents, distributors and affiliates) by paying damages equal to all incurred costs (including legal fees) and compensate in full for damages suffered.
BJT PARTNERS reserves the right to suspend or terminate the use of SoConference’s services if it is discovered that the Client has used the Service inappropriately, in a manner that harms or inconveniences other Clients, third parties, or BJT PARTNERS, or violates any of these Terms and Conditions of Use.
BJT PARTNERS will claim full compensation for damages in case of fault on the part of the Client.
SoConference meets the standards of privacy protection and BJT PARTNERS has made ??a declaration to the Commission Nationale Informatique et Libertés (CNIL) in France in accordance with the "Informatique et Liberté" law.
The Client is required to directly provide certain personal information in order to subscribe to SoConference’s service, with said information being kept at a minimum (name, email, phone).
Certain additional, non-personal information may be collected, such as the Client’s browser version (Firefox, Internet Explorer, Chrome ...), operating system (Windows 9x, NT, XP, 2xxx , Vista, Seven, Mac OS, Linux, etc ...) or the IP address of the Client’s computer.
SoConference may also use cookies to store identifying information for the Client so that he or she may avoid having to re-enter information for each new SoConference web page.
When booking a conference call, the Organizer agrees to provide a valid and active e-mail address. Participants’ email addresses must also be valid and active so that the reservation can be effectuated.
Information gathered when a Client registers with SoConference is used to provide our services. All precautions have been taken on BJT PARTNERS’s databases to ensure that the Client’s information is archived in a secure environment. Only certain employees have access to this information, and it is only accessed when necessary. In accordance with Articles 39 and following of law n ° 78-17 of 6 January 1978 relating to computers, files and liberty, every person can obtain communication and, if necessary, rectify or delete of information directly concerning him or her by contacting our Client service through the online contact form or at the following address:
BJT PARTNERS, SoConference, 26 rue Friant, 75014 Paris, FRANCE
BJT PARTNERS is the sole possessor of information concerning the Organizer and Participants.
The Organizer and the Participants agree that BJT Partners can send them information about the function and development of the Service.
The Organizer and Participants agree that BJT Partners can send them information for promotional purposes in an accurate and timely manner. The Organizer and Participants may request at any time that BJT Partners stop sending information for promotional purposes. Requests to stop receiving promotional information can be made by email or clicking the unsubscribe link.
BJT PARTNERS archives electronic and/or digital documents, information and data relevant to the use of the Service by its Clients. BJT PARTNERS may also store exchanged messages (sent and/or received) by Clients as well as recordings of conference calls upon request by the Organizer. BJT PARTNERS deletes these records within a maximum period of 6 (six) months after the conference call. The Organizer has the right to delete these records at any time by accessing one of SoConference’s websites.
A Client may access archived items on their account through SoConference’s website, depending on the options available with their subscription.
Both parties recognize that the documents, data and information stored would be presented as evidence in the case of a court hearing or any other dispute.
The disclaimers and limitations of liability listed below fall under the law governing this agreement.
The Client hereby acknowledges that he or she uses the Service knowingly and understands the characteristics, function and inherent limitations of the Internet. The Service is provided with the maximum of professional dedication, with the reasonable skill and care of a competent telecommunications service provider.BJT PARTNERS makes no guarantee that SoConference’s performance will always correspond exactly to the Client’s needs. The Customer acknowledges that due to the characteristics and constraints of the Internet, the availability and integrity of data transmissions are not always secure. BJT PARTNERS does not guarantee the quality of the results obtained through the SoConference service nor the accuracy or security of communications or transmissions, nor the integrity of data provided by the Client nor the accuracy of information obtained through SoConference. The Client expressly agrees to use the Service at their own risk.
BJT PARTNERS shall not under any circumstances be liable for any direct or indirect harm, including loss of time, turnover, or loss or alteration of the Client’s data resulting from dysfunction of the Service.
The Service may at times be temporarily unavailable due to maintenance, updates, technical improvements, or changes to content or presentation. BJT PARTNERS will to the greatest extent possible inform its customers prior to any maintenance or updates. The Client agrees not to seek the liability of BJT PARTNERS in case of momentary interruptions resulting from updates to the Service, operating difficulties, interruption of independent service outside the control of BJT Partners, or in the event of a power failure or a problem with telecommunication services. The Client understands and acknowledges that any material, information or data downloaded or otherwise obtained through the use of SoConference carries its own risk, therefore the Client is solely responsible for any resulting damage to computer systems or loss of data. No advice or information, oral or written, obtained by the Client from BJT Partners, will provide further protection or guarantee.
In no event shall BJT PARTNERS or its suppliers, employees or subcontractors be held liable for indirect incident or specific damages resulting from misuse or inexperience with the SoConference service. No additional cost resulting from material procurement or substitute services will be reimbursed; nor will purchased or obtained goods or services or messages received through SoConference for such, nor any unauthorized use of, tampering with, or tranfer of Client data. These provisions include without limitation loss of profit, data or other intangible values??, even if BJT PARTNERS is at any time made aware of the threat of such loss or damage. If BJT PARTNERS can still be held responsible under the execution of this contract, the Client may not claim any benefits outside of satisfactory completion of service or compensation in an amount which shall in no event exceed 500 euros.
Upon confirmation of each reservation, the Organizer and Participants are provided with a link for the Online Space which is strictly confidential and for indiviudal use; not be communicated or shared with third parties. BJT PARTNERS does not have the means to verify the identity of people registering for the Services, so is not liable for the actions of anyone impersonating a Client. In no event shall BJT PARTNERS be liable for loss and/or misuse of the Client’s identifier and/or password.
The Client shall be solely responsible for any use of their identifying information by third parties as well as actions or statements made ??through their account, whether fraudulent or not, and guarantees the protection of BJT PARTNERS against any claim in this respect.
Moreover, if the Client has reason to believe that any unauthorized third party is using the identifying information for his or her account, SoConference must be informed immediately.
The responsibility of BJT PARTNERS under these Terms and Conditions of Use shall not be engaged for any occurrence of a force majeure as defined by the French courts.
BJT PARTNERS will not be held responsible for any breach of its obligations under provision of the Service as a result of a force majeure and/or third party action, these events being beyond its control. Force majeure events recognized by the courts include all natural disasters, all acts of war, all breaches of public order, epidemics, fires, floods, extreme weather, and other disasters, governmental acts, all strikes, lockouts, and all electrical problems whatever the cause, the failure of a communication network and more generally all independent technical malfunctioning of parts that prevent communications.
In case of force majeure, the contract will be automatically terminated and no compensation will be due.
The content of SoConference’s websites, including design, structure, text, image and graphic elements as well as HTML tags (meta-tags), are protected by the Intellectual Property Code and all other applicable copyright laws.
SoConference’s brands and logos are similarly protected.
Any reproduction, distribution or use of all or part of the content of SoConference’s websites, trademarks or logos without the express consent of BJT PARTNERS is prohibited and would constitute an infringement of the code of intellectual property.
The Client will not to exploit the brands or logos of BJT Partners nor use them for any marketing purposes.
The Client does, however, allow BJT PARTNERS to use their name as a business reference for the duration of professional dealings.
Commercial relations between the parties are governed by French law and by the provisions of the Civil Code, pursuant to Regulation No 593/2008 of the European Parliament and of the Council of 17 June 2008, where applicable.
By their acceptance hereof, the Organizer and the Participants irrevocably give exclusive jurisdiction to French courts, including the Commercial Court of Paris, for any dispute including but not limited to validity, interpretation, execution and/or termination and its consequences, even in the case of multiple defendants, collateral calls or emergency under European Regulation n° 44/2001 of 22 December 2000, where applicable .
If one or more provisions of these Terms and Conditions of Use are held to be invalid or declared as such under any law or regulation or following a final decision of a competent court, other provisions shall remain in full force and effect.