Terms of Service:
The Terms of Service are intended to explain our obligations as a service provider and your obligations as a customer.
By subscribing to the FaceMe Hosted services, you agree to accept, and be bound by, these general terms and conditions.
This agreement is between FaceMe Limited (Trading Name) a New Zealand owned business, also known as "FaceMe" or "we" and you ("you"), as an authorised user of the "FaceMe Video Services" (as defined in SECTION 2, below).FaceMe's registered physical address is: 3/558 Barrys Point Road, Takapuna, Auckland. If you are using the FaceMe Services on behalf of an entity, you represent and warrant that you are authorised to sign for and bind such entity, and "you" shall refer to such entity.
Note: FaceMe Limited will be the name that appears on all customer statements
FACEME HOSTED SERVICES
The FaceMe Services are owned and operated by FaceMe. The FaceMe Hosted Services include the following;
A.FaceMe: Multi-party video conferencing tools
B.FaceMe: Web conferencing tools
C.FaceMe: Audio tools
D.FaceMe: Screen share and share file tools
We reserve the right to terminate or modify individual features of the FaceMe Services from time to time and we will make every effort to communicate these changes to you via email or notification via the Website.
FACEME HOSTED SERVICES CATEGORIES
Each Moderator Account is for a named individual employed by your organisation. Pool accounts are not permitted.
PAYMENTS AND CHARGES
FaceMe offers highly attractive loyalty discounts for term contracts.
You will pay all charges and fees imposed by FaceMe for your use of the FaceMe services as provided in the FaceMe Quotation and as authorised and signed by you. The amount of the Charges is fixed for the contract term. Payments are to be made monthly, in advance, dated from the initial service provisioning day. We reserve the right to place your account on ‘stop credit’ whereby a cessation in the supply of the services will apply until such time as the account is brought back up to date. Reasonable notice will be provided (5 days’ Notice) before such action takes place. Credit Card payment is the preferred options are available Direct Debit and Direct Credit options are available for Corporate customer plans on request only. You are responsible for the payment of any local applicable taxes and duties in addition to the monthly fee.
FaceMe will not provide any refund for any remaining prepaid period for a prepaid access subscription.
* Local City "Dial in" numbers are provided by FaceMe but are not available in all major cities.
The FaceMe service will be supplied for an open, 12, 24, or 36 month term as authorised by you. The contract will be extended 12 months beyond initial term if no notice to terminate is provided from you at least thirty (30) days prior to the expiry of the open, 12, 24 or 36 month term. You may upgrade to a larger FaceMe Hosted Service Package at any time during the term of the contract. You may downgrade to a lower FaceMe Hosted Service Package at any time without penalty however a new 24 month term will apply from the change date, if you subscribed to a term plan previously.
The FaceMe Services made available to you in connection with your use of the FaceMe Services are protected by copyright, trademark, patent, and/or other intellectual property laws. Your use of the FaceMe Services is governed by these terms and conditions and any other specific agreement between FaceMe and you.
Except as expressly provided herein, you do not have any express or implied right to use the FaceMe Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the FaceMe Services, except as expressly authorised herein.
FaceMe's trademarks, websites, corporate names, trade names, domain names, logos, and service marks ("marks") are our property. You may not use our marks without our prior written consent. All FaceMe Services, text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or commercially produced information presented to you through the FaceMe Services (collectively, "Content") by FaceMe or our advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; and you are permitted to use the Content only as expressly authorised. You may not copy, reproduce, distribute, or create derivative works from this Content without express written authorisation by FaceMe or such advertiser.
You are solely responsible for the content of all communications made by or to you through your use of the FaceMe Services, and for all activity with respect to your account, including any unauthorised use by any third party.
In connection with your use of the FaceMe Services, you shall (i) maintain and update all information you are required to provide to FaceMe, (ii) use the FaceMe Services in compliance with applicable local, state, federal, and international law, (iii) not use the FaceMe Services for illegal purposes, and (iv) comply with all regulations, policies and procedures of networks connected to the FaceMe Services.
You shall not use the FaceMe Services to (i) make any are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or include otherwise objectionable communications, (ii) encourage criminal conduct, conduct that could give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation, (iii) gain or attempt to gain unauthorised access to other computer systems, or (iv) interfere with any other person's use and enjoyment of the FaceMe Services.
PRIVACY, DATA AND DISK SPACE POLICY
The maximum disk space allocated per customer for file uploads and storage into the FaceMe Libraries are;
1.Single User 500MB
FaceMe does not own any of the information, data, files or other content that you upload to FaceMe. FaceMe will apply ‘best efforts’ and sound industry practice to ensure the protection of such content in the storage process. However, your access to the data is contingent on full payment of the FaceMe Access Fee when due. If this agreement ends for any reason then we will retain your content for a period of 6 months unless you request immediate deletion of data.
You must maintain copies of all data inputted into the Service. FaceMe adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. FaceMe expressly excludes liability for any loss of data no matter how caused.
DISCLAIMER OF WARRANTIES
Use of the FaceMe services is at your own risk.
The FaceMe services are provided on an “as is” and “as available” basis supplied with “best efforts”.
FaceMe expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for purpose and non-infringement.
We make no warranty that the FaceMe services will meet your requirements or that the FaceMe services will be uninterrupted, timely, secure or error free. We do not guarantee any specific result from using the FaceMe services, or that the accuracy or reliability of any information obtained through the FaceMe services, or that defects in the FaceMe services will be corrected.
FaceMe assumes no responsibility for the deletion of or failure to store or deliver content.
LIMITATION OF LIABILITY
FaceMe shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use any FaceMe service or for the cost of procuring any substitute goods and services, or resulting from any goods or services purchased or obtained, or messages received or transactions entered into through the FaceMe services or resulting from unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data, or other intangible, even if we have been advised of the possibility of such damages.
FaceMe shall not be responsible for any delay or failure in performance that results from causes beyond its reasonable control, whether or not foreseeable by any party.
You shall indemnify, defend, and hold FaceMe, its parents, subsidiaries, affiliates, officers, directors, and employees free and harmless from any and all claims, costs, damages, and expenses (including but not limited to reasonable attorneys' fees), which arise from or are related to any act or omission by you in connection with the use of the FaceMe Services, including but not limited to, any such claims, costs, damages, and expenses arising from or related to your violation of any terms and conditions of this Agreement, your violation of any applicable law, rule, or regulation, or any infringement by you (or any other person using the FaceMe Services in reliance on your rights under this Agreement) of any intellectual property or other rights of any other person. This shall survive termination of this Agreement.
You warrant and represent that you are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
You may terminate the Agreement by providing 30 days written notice, subject to the penalty clause contained below.
If you do not give written notice that you wish to terminate the Agreement in accordance with Clause 4 then this Agreement shall automatically renew for a further period of 12 months from the expiry of the 12, 24 or 36 month term. Where you desire to terminate the agreement prior to the expiration of the initial term, by you notifying us with at least thirty (30) days’ notice provided that you pay us all the Fees which would have been due until the expiration of the initial term, such fees to be calculated according to the formula:
- C x A = Termination Fee
- C = Monthly Fee
- A = Remaining months of agreed term
On termination of the Agreement, we will cease providing the FaceMe service to you, and all amounts which you owe to us will immediately become due and payable. FaceMe shall not be liable to you or any third party, or responsible for any charges or any other expense incurred with respect to the termination.
The parties agree to use their best efforts to resolve any dispute that may arise under this Agreement through good faith negotiations. No party shall commence any arbitration or litigation in relation to this Agreement unless it has first invited the chief executive of the other party to meet with its own chief executive for the purpose of endeavouring to resolve the dispute on mutually acceptable terms.
Any dispute arising under this Agreement which cannot be settled by negotiation between the parties or their respective representatives shall be submitted to mediation before commencing any litigation. Either party may initiate mediation by giving written notice to the other party.
If the parties cannot agree on a mediator within seven days of the notice, then the mediator will be selected independently.
The parties shall continue to perform their obligations under this Agreement as far as possible as if no dispute had arisen pending the final settlement of any matter referred to mediation. Any dispute arising under these terms and conditions or in connection with the FaceMe services which are not resolved within 30 days following the delivery by one party to the other of a written notice describing the dispute shall be resolved by binding arbitration in New Zealand. The decision of the arbitrator shall be final and binding on the parties, and judgment thereon shall be entered in a court of competent jurisdiction.
These terms and conditions do not provide any person or entity that is not a party with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights. If any of these terms and conditions are determined by an arbitrator or court of competent jurisdiction to be contrary to applicable law, then such provision shall be construed as nearly as possible to conform to applicable law and the other provisions shall remain in full force and effect.
These terms and conditions (i) constitute the entire agreement between FaceMe and you and supersedes all prior agreements between the parties regarding the subject matter contained herein, and (ii) may be modified or amended only in the manner expressly set forth herein. FaceMe may at any time and from time to time assign its rights and delegate its duties without your prior consent. You may not assign your rights to any other person without prior written consent. Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FaceMe in writing.
The section titles in the Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.
Any waiver of any of these terms must be in writing and signed by one of our authorised Management Representatives.