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Terms and Conditions

Powwownow general terms and conditions

Please read these General Terms and Conditions and any applicable Additional Terms and Conditions carefully before using our Website and/or any Powwownow Services.

  1. Introduction
    • 1.1 We are Via-Vox Limited, a limited company registered in England (company number 04646978) trading under the name "Powwownow" (Powwownow or we or us or our). Our business is based in England and our registered office is at Vectra House, 36 Paradise Road, Richmond, Surrey, TW9 1SE. Our VAT registration number is 813 0934 52.
    • 1.2 We are a telecommunications company and a leading provider of conference call services. Our Website is provided for the benefit of customers interested in or Registered and/or subscribed to use our Services (as applicable). We administer the Website from England and through our service providers who may or may not be based in England.
    • 1.3 These general terms and conditions (General Terms and Conditions) set out our commitment to you (you or your) and your commitment to us in respect of your use of this Website and/or the Services that we provide (as applicable). Each of the Services set out below are governed by: (i) these General Terms and Conditions; (ii) and the additional terms and conditions that apply in respect of each particular Service (Additional Terms and Conditions). A hyperlink to the Additional Terms and Conditions applicable to each Service is set out below.
      • - Powwownow Service (please click here to see the Additional Terms and Conditions that apply to this Service)
      • - Powwownow Plus Service (please click here to see the Additional Terms and Conditions that apply to this service)
      • - Powwownow Premium Service (please click here to see the Additional Terms and Conditions that apply to this Service)
      • - Powwownow Engage Service (please click here to see the Additional Terms and Conditions that apply to this Service)
      • - Powwownow Video Conferencing Service (please click here to see the Additional Terms and Conditions that apply to this Service)
    • 1.4 We also offer an additional web conferencing Service. This Service is not a standalone Service, and may only be used in conjunction with the Powwownow Service or Premium Service. Please see Paragraph 4 for more information.
    • 1.5 Nothing in any Additional Terms and Conditions will increase our legal liability or change your relationship with us (unless we expressly state, in the Additional Terms and Conditions, our intention to modify the terms of these General Terms and Conditions).
    • 1.6 If there is any contradiction between the provisions of any applicable Additional Terms and Conditions and these General Terms and Conditions, then the Additional Terms and Conditions shall take precedence only in relation to the particular Service to which they specifically apply.
    • 1.7 These General Terms and Conditions, together with any applicable Additional Terms and Conditions (together, the Terms) form a legally binding agreement between you and us in relation to the use of the Services. By using this Website, any Services, Registering and/or subscribing to use any Services, or by clicking a box that states that you accept and/or agree to these General Terms and Conditions, you signify your agreement to these Terms. If you do not agree to these Terms, you are not permitted to use this Website and/or any Services. It is therefore important that you take the time to read them carefully.
    • 1.8 We may change these General Terms and Conditions and/or any of the Additional Terms and Conditions at any time without notice. We publish the current version of our General Terms and Conditions and our Additional Terms and Conditions on our Website.
  2. Definitions

    In these Terms:

    • 2.1 Unless the context otherwise requires, the following definitions apply:
      • - "Additional Terms and Conditions" has the meaning given to that term in paragraph 1.
      • - "Administrator" has the meaning given to that term in paragraph 3.2;
      • - "General Terms and Conditions" has the meaning given to that term in paragraph 1.3;
      • - "Network Operator Call Charges" means the price charged to the caller by the network operator;
      • - "Participant" has the meaning given to that term in paragraph 7.3;
      • - "PIN" means any personal identification number that we give to you in connection with your use of the Services;
      • - "Powwownow" or 'we' or 'us' or 'our' have the meaning given to those terms in paragraph 1.1;
      • - "Powwownow Call Charges" has the meaning given to that term in paragraph 4.5;
      • - "Privacy Policy" means our privacy policy which is available to view at www.powwownow.co.uk/Privacy;
      • - "Prohibited Purpose" shall have the meaning given to that term in Paragraph 7.4;
      • - "Registration" or "Registering" have the meaning given to those terms in paragraph 3.1;
      • - "Services" means (i) the 'Powwownow Service'; (ii) the 'Powwownow Premium Service' conference call services (as each more fully described in the Additional Terms and Conditions applicable to each Service (please click on the hyperlinks at Paragraph 1.3 for more information)); and (iv) the additional web conferencing service (as more fully described at paragraph 4), and "Service" means any one of them;
      • - "Software" has the meaning given to that term in paragraph 4.1;
      • - "Terms" has the meaning given to that term in paragraph 1.7;
      • - "Website" means our Website found at http://www.powwownow.co.uk; and
      • - "you" and "your" have the meaning given to those terms in paragraph 1.3;
    • 2.2 Words importing the singular shall include the plural and vice versa, words importing a gender shall include all genders and words importing persons shall include bodies corporate, unincorporated associations and partnerships;
    • 2.3 Any reference to a statute, statutory provision or subordinate legislation is a reference to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation;
    • 2.4 References to Paragraphs are (unless expressly stated otherwise) references to Paragraphs of these General Terms and Conditions; and
    • 2.5 Headings are included for ease of reference only and shall not affect the interpretation or construction of these Terms.
  3. Registration, accepting these Terms and our contract with you
    • 3.1 You can browse this Website without registering, but if you wish to use any of our Services then you will need to register with us by completing the registration process applicable to the relevant Service(s) (Registration). The Registration process applicable to each Service that we provide is explained more fully in the specific Additional Terms and Conditions applicable to each Service.
    • 3.2 You may be required to provide information about yourself (such as identification or contact details, for example an email address), or as part of your ongoing use of the Services. You warrant and represent to us that the details you provide to us during your Registration with us are accurate, complete and up-to-date. We will hold and treat such information in accordance with the terms of our Privacy Policy. If you or your Participants use a mobile telephone to access a Service, we may send occasional SMS messages. You may opt out of this service by contacting us at the address or telephone number shown in Paragraph 25.
    • 3.3 You agree to immediately notify us of any changes to the information that you provided to us during the Registration process and to ensure that your contact information is accurate and is kept up to date.
    • 3.4 You will be asked during the applicable Registration process to confirm that you accept and agree to be bound by these Terms. You may not use the Services if you do not accept these Terms and your use of any of our Services is deemed for all purposes to be acceptance of these Terms by you and you acknowledge and agree that we will treat your use of the Services as acceptance of these Terms from the point that you commence using the Services onwards.
    • 3.5 By applying to Register with us as a Registered user of the Website and/or entering into an agreement for us to provide Services to you, you undertake, represent and warrant to us that: (i) you have the capacity to understand, accept and comply with these terms and conditions; (ii) where you are acting on behalf of a business, you are authorised to act on behalf of that business for the purposes of registration, procurement and subsequent use of our Services; and (iii) you are eighteen (18) years of age or older.
    • 3.6 You may not use the Services and may not accept these Terms if you (i) are a person barred from receiving the Services under the laws of the United Kingdom or other countries including the country in which you are resident or from which you are using or purporting to use the Services; or (ii) not of legal age in England to form a binding contract with us (18 years of age and older).
    • 3.7 Our contract with you begins at the point specified in the Additional Terms and Conditions applicable to the Service that you are Registering to use.
    • 3.8 Before you continue, you should print off or save a copy of these General Terms and Conditions (together with any applicable Additional Terms and Conditions) for your records.
  4. Additional Services: the web conferencing facility
    • 4.1 We offer an additional web conferencing Service that allows you to screen share and web conference when making conference calls using the Powwownow Service or Premium Service. To use this additional Service you will need to download the software from our Website at www.powwownow.co.uk/Web-Conferencing.
    • 4.2 Web conferencing is not a standalone Service, but an additional Service that you may use once you have Registered and entered into an agreement with us to use either the Powwownow Service or Premium Service. If you have not Registered with us to use either of these Services, you will have to do so before you can use the web conferencing Service. If you have already Registered with us, you will need to confirm your email address and password. A user guide is available on our Website (at www.powwownow.co.uk/Web-Conferencing) that explains how you can download and use the Service.
    • 4.3 When you download, install and use the Powwownow screen sharing software, your use of the software and the Service will be governed by the terms and conditions of our end user software licence agreement (a copy of which is available at www.yuuguu.com/user_license) in addition to these Terms.
    • 4.4 Before you download, install or in any way use the web conferencing software from our Website, please ensure that you have read and agree to the terms and conditions set out in the end user software licence agreement. When you browse and click on the following link, you will be subject to the terms and conditions of their website (available at www.yuuguu.com/terms_of_use).
    • 4.5 You agree that, in addition to the terms of the web conferencing end user software licence, you shall not (and you shall not permit anyone else, including any Participant, to) copy, translate, merge, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, unless this is expressly permitted or is otherwise required or permitted by law (and then, only to the extent so permitted or required), unless you have obtained our express prior written consent.
    • 4.6 You agree to comply promptly with any reasonable instructions given by us from time to time in connection with the use and operation of the web conferencing software.
    • 4.7 Please be aware that from time to time, the web conferencing software may automatically download and install, or request or require you to download updates from us or our third party supplier. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions of the software. By accepting these Terms you agree to receive such updates and permit us to deliver these to you as part of your use of the Services.
    • 4.8 We reserve the right to discontinue the provision of the web conferencing service at any time.
    • 4.9 You acknowledge and agree that our affiliated third party supplier may contact you by email in the event that we are to discontinue the provision of the web conferencing Service (so that they may offer to provide you with an alternative web conferencing service, or to see how they may improve the performance of the product).
    • 4.10 You agree and undertake to stop using the web conferencing Service (and to uninstall the software) if at any time you terminate your agreement with us to use the Powwownow Service or Premium Service.
  5. myPowwownow
    • 5.1 When you Register for the Powwownow Service or Premium Service, you may choose to open a myPowwownow account, an online account that allows you to view and change certain details about the Service.
    • 5.2 When you register for a myPowwownow account you will be given an access password.
  6. The provision of Services to you by Powwownow
    • 6.1 We will provide the Services to you from the point specified in the Additional Terms and Conditions applicable to the Service that you have Registered to use.
    • 6.2 The provision of our Services is subject always to available capacity and we do not guarantee that the number of connections required by you will be available at any given time.
    • 6.3 We will provide the Services with the reasonable skill and care of a competent telecommunications service provider. We cannot guarantee however a fault-free and/or uninterrupted Service, and from time to time faults and/or interruptions may occur. We will repair faults and rectify interruptions as quickly as reasonably possible.
    • 6.4 Our Services are available 24 hours a day seven days a week except:
      • - (i) in the event of scheduled planned maintenance, in which case the Service may not be available between 2am and 5am Sunday morning (UK time);
      • - (ii) in the event of unplanned or emergency maintenance, we may, if the need arises, have to carry out work that may affect the Service. In this event calls may be truncated or may not connect. If we have to interrupt the Service, we will make every effort to restore it within a reasonable time; or
      • - (iii) in the event of circumstances beyond our reasonable control.
    • 6.5 We shall also be entitled to suspend the provision of the Services during any technical failure and/or in the event that it is necessary to safeguard the security and integrity of our Services.
    • 6.6 Occasionally we may: (i) change the PIN code or phone number or the technical specification of the Service for operational reasons; or (ii) give you instructions that we believe are necessary for security, health or safety, or for the quality of the Services that we supply to you or to our other customers and you agree to observe them; but before doing so, we will give you as much notice as we can.
    • 6.7 By accepting these Terms you acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. As part of your acceptance of our right to change and develop the Services, you acknowledge and agree that we may stop (permanently or temporarily) providing some or all of the Services (or any features within the Services) to you at our sole discretion, without prior notice to you.
  7. Your use of the Services
    • 7.1 You agree to use the Services only for purposes that are permitted by the applicable Terms. You must also use the Services in accordance with all reasonable instructions we may give you from time to time and in accordance with all applicable laws and/or regulations.
    • 7.2 Access to an operative telephone line is required to use our Services. Access to the Internet and an e-mail address are required in order to use this Website and some of elements of our Services. You must make your own arrangements for Internet and/or telephone line connection, and you are responsible for any telephone costs and/or charges which may become due in relation to accessing and/or using (as applicable) the Website and/or any of our Services.
    • 7.3 You and any person that you invite or allow to use the Services (a Participant) must use tone-dialling telephones to dial in to any telephone based element of the Services.
    • 7.4 You agree that you will not, and you will not permit or engage any Participant or any other person to:
      • - (i) engage in any activity that interferes with or disrupts the Services (or the servers and networks which are used in or in connection with the provision of the Services) or is in any way unlawful or not in accordance with all applicable laws and/or regulations;
      • - (ii) reproduce, duplicate, copy, sell, trade or resell any of the Services for any purpose;
      • - (iii) send, use or reuse any material that is illegal, offensive, pornographic, abusive, indecent, defamatory, immoral, obscene or menacing; or in breach of copyright, trademark, confidentiality, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, commercial solicitation, chain letters, mass mailings or any "spam"; or
      • - (iv) harass, annoy, inconvenience or cause needless anxiety to any person (including, without limitation, to make or attempt to make 'hoax' or 'prank' calls), (together, Prohibited Purposes).
    • 7.5 We reserve the right to record calls made through our Services and to use such recordings for the sole purpose of investigating any suspected, alleged or actual use of our Services and/or the underlying telecommunication systems or networks for Prohibited Purposes.
    • 7.6 You acknowledge and agree that we and/or our licensors own all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
  8. Telephone access number(s), PIN code(s) and account security
    • 8.1 We will allocate any PIN code(s) to you at the time detailed in the specific Additional Terms and Conditions applicable to each Service.
    • 8.2 You shall not acquire any rights in relation to any telephone numbers or any other PIN code or number or passwords allocated by us in connection with the Services. You must access our Services using only the phone numbers and/or PIN provided by us to you.
    • 8.3 You are responsible for the security, safe keeping and proper use of the PIN code (and any other passwords) once you have received it from us. Other than as expressly permitted by these Terms, you have no right to sell or agree to transfer the PIN code(s) or passwords provided to you for use with the Services and you understand that you shall not do so.
    • 8.4 You are not permitted to advertise any phone number or PIN code or password provided to you for use with any of the Services without our prior written consent, and you undertake to ensure that this does not happen.
    • 8.5 You are responsible for maintaining the confidentiality and security of any PIN code(s), telephone numbers and/or passwords that we provide to you. In the event that you become aware of or suspect that your account may be subject to unauthorised use, you agree to notify us immediately at customer.services@powwownow.com
    • 8.6 We shall exercise all reasonable efforts to ensure the security of your communications, but we cannot guarantee that all communications shall be completely secure. There remains a risk that, for reasons outside our control, your communications may be intercepted or accessed, whether lawfully or unlawfully, by persons or entities other than the intended recipient.
  9. Charges and payment for the Services
    • 9.1 Details of the charges and payment terms and/or mechanisms applicable to your use of the Services (where applicable) are set out more fully in the specific Additional Terms and Conditions applicable to each Service. Where a particular Service (or part thereof) is chargeable, you agree to make payment against such charges in accordance with the Additional Terms and Conditions applicable to that Service.
    • 9.2 Charges (where applicable) exclude (unless expressly stated otherwise) VAT which will be added at the prevailing rate at the time at which we issue an invoice to you.
    • 9.3 We reserve the right to charge interest at a rate of 5% above the Bank of England base rate on any charges (where applicable) not paid within 30 days of the date of the applicable invoice sent by us to you in accordance with the Additional Terms and Conditions applicable to the relevant Service.
  10. Your use of the Website
    • 10.1 The Website is accessed via the Internet. You are responsible for providing a suitable computer or mobile device to access and use the Website and for any telecommunications costs you incur in connection with your use of the Website. Please note that the quality of your computer and the quality of your connection will affect your use of the Website and the online services available through the Website (for example, the Website may seem slow if you have a poor connection).
    • 10.2 You should also check that your computer has suitable protection, such as virus protection. We are not responsible for any computer virus or bug that affects your computer, mobile device or data as a result of your use of the Website or the downloading of any materials from the Website.
    • 10.3 We do not allow any illegal activities to take place on the Website. You agree to use the Website for lawful purposes only and in a manner which is consistent with any and all applicable laws and regulations in the country in which you access the Website. Your use of the Website must not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any other person. You agree not to take any action that imposes an unreasonable, or disproportionately large, load on the infrastructure of the Website.
    • 10.4 Although we take pride in the Website and aim to keep it up to date, please note that information we post on the Website may, at times, be incomplete, out of date or inaccurate. If you wish to rely on any information we post then we recommend that you first confirm with us that the information you wish to rely on is correct. The content of the Website is subject to change at any time.
    • 10.5 We are the owner or the licensee of all intellectual property rights used and/or displayed on our Website, and in the material published on our Website. This material is protected by copyright laws and treaties around the world. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    • 10.6 Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged. You must not use any part of the materials on our Website for commercial purposes without obtaining a written licence from us or our licensors to do so. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials which you have made.
    • 10.7 We may also claim trade mark and service mark rights in marks contained within the pages of this Website. Other trade marks and names may be used in this Website to refer to the entities claiming the marks and names of their products and/or services. We disclaim any proprietary interest in the marks and names of others.
    • 10.8 Where we provide hypertext links to third party Websites or contacts we do so for information purposes only. We are not responsible for any products, services or materials found on linked third party sites. You use such links entirely at your own risk and we accept no responsibility for the content or use of such Websites or for the information contained on such sites (including any Website through which you may have gained access to the Website). You may not link to this Website, nor frame it, without our prior written permission.
    • 10.9 Our aim is to make the Website available for use at all times, but we cannot, and do not, guarantee availability either generally or at any particular time. There will be times when the Website or your MyPowwownow account (where you have signed up for a MyPowwownow account) is unavailable. Such unavailability may be planned (for example, where we are carrying out planned maintenance or upgrades) or unplanned (for example, where there is a hardware or software failure). You acknowledge and understand that you will not be able to use the Website or your MyPowwownow account (if applicable) when it is unavailable. We will try to keep unavailability to a minimum, but we accept no liability for any loss or damage you may suffer as a result of the Website or your MyPowwownow account being unavailable. We reserve the right to add to or change the Website and/or the functionality of your MyPowwownow account (where applicable) at any time without notice or explanation and without incurring any liability to you.
  11. Termination or suspension of the Services by us
    • 11.1 We may suspend access to or use of all or part of the Services and/or terminate our agreement with you immediately if: (i) you materially breach these Terms; (ii) we believe that the Service is being used in a way forbidden or otherwise not permitted by these Terms (this applies even if you do not know that the Services are being used in such a way); (iii) you fail to pay any charges (where applicable) within 30 days of the date of our invoice to you; or (iv) if you become insolvent (or suffer or incur any event or circumstances analogous to insolvency).
    • 11.2 We will inform you of such suspension and/or termination as soon as reasonably possible and explain why we have taken this action.
    • 11.3 If we suspend your access to the Services (or any part thereof), access will not be restored until you satisfy us that you will only use the Service in accordance with these Terms.
    • 11.4 You acknowledge and agree that if we suspend access to your user account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
  12. Termination or suspension of the Services by you
    • 12.1 You may terminate your agreement with us at any time by giving us 30 days' written notice of your intention to terminate this agreement. You should contact us to let us know using the contact details out at paragraph 25.
    • 12.2 Nothing in this paragraph 12 limits or affects any right that you may have to cancel this agreement pursuant to the Additional Terms and Conditions that apply to the Service that you are using.
  13. Limitation of liability
    • 13.1 Nothing in these Terms shall exclude or limit our liability for death or personal injury arising from our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded by law. This provision overrides all other provisions of these Terms.
    • 13.2 The warranties and conditions set out in these Terms are in lieu of all other conditions, warranties or terms which might but for this Paragraph 13 be implied or incorporated into any dealings between you and us in respect of our Contract and/or the Services by statute, common law or otherwise, all of which are excluded to the extent permitted by applicable law.
    • 13.3 We do not recommend use of the Services where the risk of non-connection or loss of connection carries a material risk. Accordingly you may only use the Service if you accept that all such risk is yours and you should insure against such risks accordingly.
    • 13.4 Subject to Paragraph 13.1, we will not be liable to you under any statute or in contract, tort or otherwise for any: (i) loss of profits, business revenue, business opportunity, contracts, goodwill and/or anticipated savings; (ii) indirect or consequential loss or damage; or (iii) loss suffered that is avoidable through your reasonable conduct including (where applicable) you backing up all data available and following our reasonable advice in relation to any Services we provide to you, which arises out of or in relation to these Terms.
    • 13.5 Subject to Paragraph 13.1, our total aggregate liability to you under or in connection with these Terms (whether such liability arises under any statute or in contract, tort or otherwise) shall be limited to: (i) where, pursuant to the applicable Additional Terms and Conditions a charge applies to relevant Service(s), an amount not exceeding the value of charges paid by you to us; or (ii) where, pursuant to the applicable Additional Terms and Conditions no charge applies to relevant Service(s), an amount not exceeding the costs of the call charges incurred for the call in question.
  14. Indemnity

    You shall defend, indemnify and hold harmless us and our respective officers, and directors against all losses, costs, damages, and expenses (including legal costs and disbursements on a solicitor and client basis) suffered or incurred and arising out of or in connection with any claim or demand made or threatened arising out of or in relation to:

    • - (i) the use by you or any of your Participants of the Services (including the use of any Software) in breach of these Terms;
    • - (ii) any breach or alleged breach of any representation, warranty or obligation given by you;
    • - (iii) or any claims or actions brought against us arising out of or related to the use of the Services by you or your Participants.
  15. Variation
    • 15.1 By accepting these Terms you acknowledge and agree that we may make changes to these Terms from time to time. When these changes are made, we will make a new copy of these General Terms and Conditions and/or Additional Terms and Conditions available at www.powwownow.co.uk/Terms-and-Conditions.
    • 15.2 By accepting these Terms you acknowledge and agree that if you use the Services after the date on which these Terms have changed, we will treat your continued use of the Services as acceptance of the amended and updated Terms.
  16. Your privacy and personal information

    For information about our data protection practices, please read our Privacy Policy which can be viewed at www.powwownow.co.uk/Privacy. The Privacy Policy explains how we process your personal information and protects your privacy when you use our Services and submit your information or data to us. You will be asked to confirm your acceptance of the terms of our Privacy Policy. By reading and accepting the terms of the Privacy Policy you agree to the use of your data in accordance with our privacy practices. By using our Website, you consent to such processing and you warrant, represent and undertake that all data provided by you is accurate, up to date and complete.

  17. Confidential information

    You shall hold in confidence all information concerning our business and affairs that we provide to you and which is designated as confidential or which by its nature is confidential. You shall not disclose such information to any third party and shall, immediately following our request, either destroy or return all such information to us.

  18. Circumstances beyond our control

    We will not be liable to you for any breach of or delay in the performance of our obligations under these Terms to the extent that the breach is directly or indirectly due to circumstances beyond our reasonable control, which shall include fire, flood, storm, other natural event, act of God, explosion, lock-out, strikes, civil disturbance or war.

  19. Third party rights

    No third party shall have any rights under or in connection with these Terms by virtue of the Contracts (Rights of Third Parties) Act 1999.

  20. Waiver

    No delay or failure by us in exercising or enforcing any right or remedy under these Terms will be deemed to be a waiver of any such right or remedy, nor will that failure operate to bar the exercise or enforcement of such right or remedy at any future time.

  21. Severability

    If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms, or the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms.

  22. Governing law
    • 22.1 These Terms are governed by and shall be construed in accordance with English law and, except as set out in Paragraph 22.2, you and we hereby submit to the exclusive jurisdiction of the English courts.
    • 22.2 If you fail to pay us on time for any monies due to us under these Terms then you acknowledge and agree that we may bring a claim against you for non-payment in any jurisdiction in which you or your assets are located.
    • 22.3 We reserve the right to seek interim relief against you (such as an injunction) through the courts of England and Wales and any other jurisdiction to protect our rights and interests, or to enforce any of your obligations arising pursuant to these Terms.
  23. Disputes

    We always try to give you the best service we can so if you have a grievance with us please let us know and we will try to sort it out quickly and amicably. All grievances should be written down by you and sent to us at the our registered office at Via-Vox Limited, Vectra House, 36 Paradise Road, Richmond, Surrey TW9 1S.

  24. Keeping these Terms

    We do not separately file these General Terms and Conditions or any Additional Terms and Conditions. All our contracts are concluded in English. You can always access the latest version of these General Terms and Conditions at this page, and the Additional Terms and Conditions applicable to each particular Service by clicking on the hyperlinks provided at Paragraph 1.3. Please make a durable copy of these General Terms and Conditions and any applicable Additional Terms and Conditions by printing and/or saving a downloaded copy on your own computer.

  25. Contacting us

    To contact us please phone us on +44 (0)20 3398 0398 or email us at customer.services@powwownow.com. Our registered address is at Via-Vox Limited, Vectra House, 36 Paradise Road, Richmond, Surrey TW9 1SE.

VERSION September 2012

Powwownow Service additional terms and conditions

These Additional Terms and Conditions apply in respect of our Powwownow Service, and apply in addition to our General Terms and Conditions. Please read these Additional Terms and Conditions together with our General Terms and Conditions carefully before Registering for and/or using our Powwownow Service.

  1. Definitions
    • 1.1 Unless the context otherwise requires and except for those words and expressions defined in these Additional Terms and Conditions, words and expressions defined in the General Terms and Conditions shall have the same meanings where used in these Additional Terms and Conditions.
    • 1.2 References to Paragraph numbers in these Powwownow Service Additional Terms and Conditions refer, unless expressly stated otherwise, to Paragraphs contained in these Powwownow Service Additional Terms and Conditions.
    • 1.3 In these Powwownow Service Additional Terms and Conditions, unless the context otherwise requires, "Network Operator Call Charge" means the price charged to the caller by the network operator.
  2. Scope of the Powwownow Service
    • 2.1 Our Powwownow Service gives you the ability to have simultaneous telephone calls with other Participants via the telephone network.
    • 2.2 As more particularly described in these Powwownow Service Additional Terms and Conditions, the Powwownow Service is a free and easy to use conference call service with no booking or billing fees and Powwownow does not charge you any kind of fee to register or use the service. You just pay for the Network Operator Call Charges, which appear on your phone bill in the same way as any other call. Once you have Registered on our Website we will provide you with a PIN and dial in number.
    • 2.3 You may then share the PIN, dial-in number and start time of the conference call with your other call Participants and at the agreed time, you and your Participants may dial-in, enter the PIN and start conference calling.
  3. Registration process, when our contract with you begins, and your right to cancel
    • 3.1 If you wish to use our Powwownow Service you must Register with us online at http://www.powwownow.co.uk.
    • 3.2 To Register, you must provide a current valid email address in the registration box shown on screen. Please then review our General Terms and Conditions and these Powwownow Service Additional Terms and Conditions (together with the Additional Terms and Conditions applicable to any other Service that you wish to use) and, providing that you accept and agree to be bound by such Terms, check the ["I have read and agree to the terms and conditions and the privacy policy"] box and then click on the ["generate my PIN"] button.
    • 3.3 Once you have submitted your Registration details we will issue you with a PIN. This will be displayed on our Website in the ["Your access PIN is"] box. The dial-in number that you must use for the Powwownow Service will also be displayed on the Website. It is at this point that our contract with you begins, and we will provide the Powwownow Service to you from the point that we confirm your PIN.
    • 3.4 We will also send you a confirmatory email setting out your user details.
    • 3.5 The email address that you provide to us will be used by us to communicate service messages and for marketing purposes (in accordance with the terms of our Privacy Policy and General Terms and Conditions).
  4. Your right to cancel the Powwownow Service at any time
    • You may stop using the Powwownow Service at any time, and cancel your contract with us without liability by contacting us using the contact information provided at Paragraph 25 of our General Terms and Conditions.
  5. Charges for the Powwownow Service
    • 5.1 We do not charge you directly for the use of the Powwownow Service.
    • 5.2 Each user of the Service, including you and your Participant(s), will be charged the prevailing Network Operator Call Charge rate for calls to the dial-in number applicable to the Service that you use.
    • 5.3 All users (including your invited Participants) will be invoiced for the Network Operator Call Charge on their standard telephone bill issued by their telephone network operator at the prevailing Network Operator Call Charge rate for calls to the dial-in number.
    • 5.4 We always advise that you should check with your telephone network operator to confirm the applicable Network Operator Call Charge rate for the dial-in number that we give to you.
    • 5.5 There are no cancellation or booking charges.
  6. Refund Policy for the Plus Service
    • Credit refunds will be dealt with by contacting our Customer Services department on 020 3398 0398.

VERSION March 2011

Powwownow Plus service additional terms and conditions

These Additional Terms and Conditions apply in respect of our Powwownow Plus Service, and apply in addition to our General Terms and Conditions. Please read these Powwownow Plus Additional Terms and Conditions together with our General Terms and Conditions carefully before Registering for and/or using our Powwownow Plus Service.

  1. Definitions
    • 1.1 Unless the context otherwise requires and except for those words and expressions defined in these Additional Terms and Conditions, words and expressions defined in the General Terms and Conditions shall have the same meanings where used in these Additional Terms and Conditions.
    • 1.2 References to Paragraph numbers in these Powwownow Plus Service Additional Terms and Conditions refer, unless expressly stated otherwise, to Paragraphs contained in these Powwownow Service Additional Terms and Conditions.
    • 1.3 In these Powwownow Plus Service Additional Terms and Conditions, unless the context otherwise requires:
      • 1.3.1 "Administrator" has the meaning given to that term in Paragraph 3.2;
      • 1.3.2 "Branded Welcome Message" means a welcome message which includes your organisation's name, a contact name and a contact telephone number;
      • 1.3.3 "BWM Commencement Date" has the meaning given to that term in Paragraph 4.5;
      • 1.3.4 "BWM Set Up Charge" has the meaning given to that term in Paragraph 5.15.1;
      • 1.3.5 "Dedicated Number Charge" has the meaning given to that term in Paragraph 5.15.2;
      • 1.3.6 "First Alert Email" has the meaning given to that term in Paragraph 5.8.1;
      • 1.3.7 "International Add-On" means a package which allows international call minutes to be used as part of a Money Saving Minute Bundle;
      • 1.3.8 "Network Operator Call Charges" means the price charged to the caller by the network operator;
      • 1.3.9 "Money Saving Minute Bundles" means any of the Landline 1000, Landline 2500, Landline 5000 and All You Can Meet call bundles and "Money Saving Minute Bundle" means any one of them;
      • 1.3.10 “PAYG Call Credit” means credit purchased by you for Powwownow Call Charges (different amounts of credit can be purchased, please see the Products page for further details);
      • 1.3.11 "PAYG Call Credit Cancellation Date" has the meaning given to that term in Paragraph 5.8.1;
      • 1.3.12 "Powwownow Call Charges" has the meaning given to that term in Paragraph 5.9;
      • 1.3.13 "Powwownow Plus Product" means any additional product connected with the Powwownow Plus Service offered to you by us from time to time including, but not limited to, the Branded Welcome Message, the Money Saving Minute Bundles and an International Add-On;
      • 1.3.14 "Powwownow Product Charges" means the applicable charges for the Powwownow Plus Products; and
      • 1.3.15 "Second Alert Email" has the meaning given to that term in Paragraph 5.8.2.
  2. Scope of the Powwownow Plus Service
    • 2.1 Our Powwownow Plus Service gives you the ability to have simultaneous telephone calls with other Participants via the telephone network.
    • 2.2 As more fully described in these Powwownow Plus Service Additional Terms and Conditions, Powwownow Plus Service is a global audio and web conferencing service, which is delivered via a telephone or the internet and accessed through unique PINs.
    • 2.3 The particular specification applicable to your Powwownow Plus Service will be specified on your My Products page.
    • 2.4 The pricing applicable to your Powwownow Plus Service and any purchased Powwownow Plus Products is set out in the details of those packages and products on the Products page.
    • 2.5 You will be required to purchase PAYG Call Credit from which we will deduct the Powwownow Call Charges displayed as applicable to your chosen Powwownow Plus Service.
    • 2.6 You (and potentially any Participants to your calls) will be charged Network Operator Call Charges, which appear on your phone bill in the same way as any other call.
  3. Registration, subscribing to Powwownow Plus, and when our contract with you begins
    • 3.1 If you wish to use our Powwownow Plus Service, you must Register with us online at www.powwownow.co.uk. If you have previously used our Powwownow Service, Registering for the Powwownow Plus Service will terminate your agreement with us in relation to the Powwownow Service with immediate effect.
    • 3.2 To Register, you must complete the registration details on the registration page and provide a current valid email address in the registration box shown on screen. You will be designated as the "Administrator". You must then review our General Terms and Conditions, our Privacy Policy and these Powwownow Plus Service Additional Terms and Conditions and, providing that you accept and agree to be bound by such terms, tick the boxes to confirm that you have read and agree to these Additional Terms and Conditions, the General Terms and Conditions and the Privacy Policy. You may then click on the "continue" button to confirm this acceptance.
    • 3.3 Your purchase of the Powwownow Plus Service is offered by us on this Website (and in any documentation that we submit to you or that you view on our Website) on an "invitation to treat" basis only. By clicking on the "continue" button, you are making an offer to us to purchase the Services. Your offer will only be accepted by us and a contract formed when we have confirmed that we have accepted your request in accordance with Paragraph 3.5 and we issue a set of PINs to you.
    • 3.4 By clicking on the "continue" button, you warrant and represent to us that:
      • 3.4.1 where you are acting on behalf of a business, you are authorised by the business to request the Services from us and to place and order for the Powwownow Plus Service for and on its behalf; and
      • 3.4.2 the information you have provided to us as part of the Registration process is accurate, complete and up-to-date.
    • 3.5 Once your details have been submitted to us and we have accepted them, we will issue a set of PINs to you. This will be displayed on every page when you are logged in to the Powwownow Plus Service. It is at this point that our contract with you begins. You will then be directed to a homepage explaining more about the Powwownow Plus Service. We may decline your request for the Powwownow Plus Service at our absolute discretion and we are not obliged to provide the Powwownow Plus Service to you until we have confirmed our acceptance to you.
    • 3.6 Additional users from your business may be added to your Powwownow Plus Service – each person will need to be registered with us by the Administrator and we will issue each additional user with their own PINs.
    • 3.7 The Administrator may assign and change the Powwownow Plus Products and features available to each PIN pair registered for the business on the Manage Users page.
  4. Powwownow Plus Products
    • 4.1 Once you are registered to use the Powwownow Plus Service, you may purchase additional Powwownow Plus Products. Details of the Powwownow Plus Products available to you are displayed on the Products page.
    • 4.2 Your purchase of a Powwownow Plus Product is offered by us on this Website (and in any documentation that we submit to you or that you view on our Website) on an "invitation to treat" basis only. By clicking on the "continue" button, you are making an offer to us to purchase the Powwownow Plus Product. Your offer will only be accepted by us and a contract for the Powwownow Plus Product formed when we have confirmed that we have accepted your request.
    • Branded Welcome Message 4.3 The Branded Welcome Message is a Powwownow Plus Product offered by us for a term of 12 months, renewable thereafter for further terms of 12 months.
    • 4.4 In order to add a Branded Welcome Message, you must:
      • 4.4.1 complete and submit the information on the Products page for the Branded Welcome Message product;
      • 4.4.2 select one or more dedicated telephone numbers to which the Branded Welcome Message is to be added; and
      • 4.4.3 pay the Powwownow Product Charges as set out on the Basket page. If your Powwownow Plus Service credit is less than £5, a further £5 will be added to the charges on the Basket page and such £5 will be credit available for you to use for Powwownow Call Charges in accordance with Paragraph 5. Payment for the Powwownow Product Charges and any necessary additional credit must be made immediately using WorldPay by following the directions on screen.
    • 4.5 Once your details for the Branded Welcome Message have been submitted to us, you have paid the relevant Powwownow Product Charges and we have accepted and received the same, the Branded Welcome Message will be uploaded to the selected dedicated telephone number(s) within ten working days, and the "BWM Commencement Date" will be the date on which the Branded Welcome Message is uploaded to your dedicated telephone number(s).
    • 4.6 You may, by contacting customer services at any time, request changes to the Branded Welcome Message or request an additional telephone number to which the Branded Welcome Message is assigned. We reserve the right to charge the following for any such changes and additions:
      • 4.6.1 the BWM Set Up Charge, for any request to make changes to the Branded Welcome Message; and
      • 4.6.2 the Dedicated Number Charge (or a pro-rata proportion thereof), for any additional dedicated telephone numbers to which the Branded Welcome Message is to be assigned.
    • Money Saving Minute Bundles 4.7 The Money Saving Minute Bundles are Powwownow Plus Products offered by us on a monthly rolling basis for a minimum period of one month. At the end of each month, the Money Saving Minute Bundle will automatically renew. You can change or cancel your chosen Money Saving Minute Bundle at any time by contacting Customer Service and giving not less than 7 days notice, such notice to expire on or before the renewal date (the 1st of the month). Provided at least 7 days notice is given before the 1st of the following month, the variation or cancellation will take effect from the 1st of the following month.
    • 4.8 In order to add a Money Saving Minute Bundle (and an International Add-On, if required), you must:
      • 4.8.1 select the relevant Money Saving Minute Bundle (and an International Add-On, if required); and
      • 4.8.2 pay the Powwownow Product Charges for the first month as set out on the Basket Page, by credit or debit card using WorldPay by
    • 4.9 Once you have selected the Money Saving Minute Bundle and, where applicable, the International Add-On, you have paid the Powwownow Product Charges for the first month and we have acknowledged to you by email that we have accepted and received the same, the Money Saving Minute Bundle (and any International Add-On) will be added to your Powwownow Plus Service.
    • 4.10 The number of minutes included in each Money Saving Minute Bundle is set out on the Products Page. The minutes included in the Money Saving Minute Bundles:
      • 4.10.1 can only be used in respect of UK landline geographic numbers; and
      • 4.10.2 do not apply to shared cost, freephone and non-geographic numbers.
    • 4.11 You may add Worldwide landline numbers to a Money Saving Minute Bundle by purchasing an International Add-On, further details of which are set out on the Products Page. An International Add-On is only available where you also purchase a Money Saving Minute Bundle. All numbers included in an International Add-On must be equal to a call rate of 25p per minute or less.
    • 4.12 You cannot roll over any unused minutes to the next month. Any minutes used in excess of the minutes included in the Money Saving Minute Bundle will be charged in accordance with Paragraphs 5.10 and 5.11 below.
    • 4.13 Save in respect of All You Can Meet (where the Money Saving Minute Bundle is assigned to a single user and this cannot be reassigned without contacting our customer services team), the minutes included in the Money Saving Minute Bundle will be assigned to all users on your account. The Administrator can at any time change the users to whom the Money Saving Minute Bundle is applied on the Assign-Products Page.
    • 4.14 We will send a courtesy email to your Administrator:
      • 4.14.1 when there are only 10% of the minutes remaining of your Money Saving Minute Bundle for that month; and
      • 4.14.2 when the minutes included in your Money Saving Minute Bundle have been used for that month.
    • Fair Usage Policy 4.15 The purpose of the Money Saving Minute Bundles is to enable customers to get the best call package at the lowest possible price and therefore the Money Saving Minute Bundles must not be used by you for telemarketing or call centre operations and you must not re-sell the minutes. Breach of this paragraph will be considered a material breach of the Terms.
    • 4.16 If you purchase an International Add-On and the number of international minutes in any month exceeds 50% of the minutes included in your Money Saving Minute Bundle, we may write to you to request that you moderate your usage. If the number of international minutes for a second month in any 6 month period exceeds 50% of the minutes included in your Money Saving Minute Bundle, we may contact you again asking you to moderate your usage and to warn you that we may terminate your Money Saving Minute Bundle. If the number of international minutes for a third month in any 12 month period exceeds 50% of the minutes included in your Money Saving Minute Bundle, we reserve the right to terminate your Money Saving Minute Bundle.
  5. Payment
    • 5.1 Once you have added to the Basket the Powwownow Plus Service and/or any Powwownow Plus Products that you would like to purchase, you will be directed to the Payment page. We will invoice you for your order of the Powwownow Plus Service, for your order of any Powwownow Plus Products and for your chosen amount of PAYG Call Credit (if any) and this invoice will be displayed for the Administrator on the Purchase Confirmation Page. Payment must be made immediately using WorldPay by following the directions on screen.
    • 5.2 You can pay using a debit card or credit card and payments are processed by WorldPay. You will be directed from our site to the WorldPay secure site for payment.
    • PAYG Call Credit 5.3 You can select an option to automatically order and top-up PAYG Call Credit for your Powwownow Plus Service account when it drops below a certain threshold. When the automatic top-up is triggered, we will invoice you for that top-up amount and this invoice will be displayed for the Administrator on the Account Statement Page. Payment will be automatically taken by WorldPay for such PAYG Call Credit.
    • 5.4 The PAYG Call Credit you purchase will be displayed in the top right hand corner when you log into the Powwownow Plus Service section of our website.
    • 5.5 Where you have purchased any PAYG Call Credit, we reserve the right to deduct any Powwownow Product Charges from the PAYG Call Credit you have purchased.
    • 5.6 If you use the auto top-up facility you must ensure your credit card expiry date is still valid to ensure that your Powwownow Plus Service can be topped up. If your credit card has expired we cannot top-up your Powwownow Plus Service:
      • 5.6.1 You will not be able to use the Powwownow Plus Service until further PAYG Call Credit is purchased; and
      • 5.6.2 we may immediately terminate or suspend your use of the Powwownow Plus Service.
    • To avoid this, you should ensure that you have a valid credit card registered on myPowwownow. We may also send you an email informing you that your registered credit card is about to expire and you might like to consider registering an alternative card to enable the automatic top-up facility.

      5.7 If at any time there is insufficient credit to pay for the Powwownow Call Charges you have incurred:
      • 5.7.1 you must immediately purchase PAYG Call Credit for your account equal to or greater than the amount of the Powwownow Call Charges incurred;
      • 5.7.2 the PAYG Call Credit you purchase in accordance with Paragraph 5.7.1 will be used:
        • 5.7.2.1 firstly to pay the previous Powwownow Call Charge incurred; and
        • 5.7.2.2 the balance shall be available for future Powwownow Call Charges; and
      • 5.7.3 if you do not purchase PAYG Call Credit in accordance with this Paragraph 5.7 within 7 days of having insufficient PAYG Call Credit to pay for any Powwownow Call Charges incurred, in addition to our rights in Paragraph 5.6 above:
        • 5.7.3.1 we will to send you an invoice for the outstanding Powwownow Call Charges incurred; and
        • 5.7.3.2 such invoice must be paid by you in full cleared funds within 30 days of the date of the invoice by BAC transfer or by credit or debit card (further details of how to pay will be on the invoice).
    • Unused PAYG Call Charges 5.8 If at any time any or all of your purchased PAYG Call Credit has not been used for 30 days:
      • 5.8.1 we will send you an email (the "First Alert Email") to let you know that if such unused PAYG Call Credit is not used in whole or in part by the date which is 180 days after the First Alert Email (the "PAYG Call Credit Cancellation Date"), such credit will be cancelled;
      • 5.8.2 seven days before the PAYG Call Credit Cancellation Date, we will send you a second email (the "Second Alert Email") stating that your unused PAYG Call Credit is about to be cancelled;
      • 5.8.3 if you have still not used your PAYG Call Credit by the PAYG Call Credit Cancellation Date, such PAYG Call Credit will be cancelled; and
      • 5.8.4 if you make a conference call using any of your PAYG Call Credit:
        • 5.8.4.1 after the First Alert Email but before the Second Alert Email, the 30 day period referred to in this Paragraph 5.8 starts again the day after such conference call; and
        • 5.8.4.2 after the Second Alert Email, the 180 day period referred to in Paragraph 5.8.1 starts again the day after such conference call.
    • Powwownow Call Charges 5.9 You will be charged at the agreed rate for your usage (and, where applicable, the usage of your invited Participants) of the dial-in numbers at the prices set out on the Products page (the "Powwownow Call Charges"), provided always that any minutes included in any Money Saving Minute Bundle will not be charged.
    • 5.10 Save as set out in 5.11 below, if in any month you have used all of the minutes included in your Money Saving Minute Bundle for that month, additional calls will be charged at the standard rate, as varied from time to time and as set out on the Dial-In-Numbers Page.
    • 5.11 If you have purchased the Landline 5000 Money Saving Minute Bundle and you use more than the 5000 minutes included in the Money Saving Minute Bundle per month, the additional minutes used that the month will be charged at the rate per minute set out on the Products Page for Landline 5000 (as varied from time to time).
    • 5.12 Save as set out in Paragraph 5.13 below, the Powwownow Call Charges applicable to your use of the Powwownow Plus Service will be deducted from the PAYG Call Credit you have purchased within half an hour of the last Participant leaving the call.
    • 5.13 Where you have purchased a Money Saving Minute Bundle, any Powwownow Call Charges incurred in accordance with Paragraphs 5.10 and 5.11 above will be invoiced at the start of the following month and this invoice will be displayed for the Administrator on the Account-Statement Page. Payment must be made within 7 days of the date of the invoice using WorldPay by following the directions on screen.
    • Powwownow Product Charges 5.14 The Powwownow Product Charges payable for the Branded Welcome Message are payable in advance and are non-refundable in the event of termination by you prior to any anniversary of the BWM Commencement Date.
    • 5.15 The Powwownow Product Charges for the Branded Welcome Message are:
      • 5.15.1 a fee for the set up of the Branded Welcome Message, as set out in the Basket page (the "BWM Set Up Charge"); and
      • 5.15.2 an annual fee for each dedicated telephone number to which the Branded Welcome Message is assigned, as set out in the Basket page (the "Dedicated Number Charge").
    • 5.16 One month before each anniversary of the BWM Commencement Date, we will send the Administrator an email giving directions regarding the payment of the Dedicated Number Charge for the following 12 months. If such payment is not received by us on or before the relevant anniversary of the BWM Commencement Date, we may immediately terminate or suspend your use of the Branded Welcome Message product and/or the dedicated telephone numbers.
    • 5.17 The Powwownow Product Charges for the Money Saving Minute Bundles and any International Add-Ons are monthly charges as set out in the Basket Page and are payable monthly in advance by credit or debit card using WorldPay.
    • 5.18 Without prejudice to any other rights we may have, if payment of the Powwownow Product Charges for a Money Saving Minute Bundle and (if applicable) an International Add-On for any month is not received on or before the 7th day of that month, we may immediately terminate or suspend your use of the Money Saving Minute Bundle and any relevant International Add-On.
    • Other Charges 5.19 Please be aware that, where the telephone number used by you under the Powwownow Plus Service is not a freephone number, you and your invited Participants will also have to pay (where applicable) for any Network Operator Call Charges incurred in respect of calls made using the Powwownow Plus Service. Any Network Operator Call Charges will be invoiced on the standard telephone bill issued by your (or their, as applicable) telephone network operator at the prevailing Network Operator Call Charges rate for calls to the relevant dial-in number. We always advise that you and each of your Participants should check with the relevant telephone network operator to confirm the applicable Network Operator Call Charges rate.
    • 5.20 There are no cancellation or booking charges.
  6. Your right to cancel
    • 6.1 Subject to Paragraph 6.2 and (in connection with the cancellation of a Powwownow Plus Product only) Paragraph 6.3, you have the right to cancel your agreement with us for the Powwownow Plus Service and/or cancel the purchase of any Powwownow Plus Products without liability at any time within seven working days from the first working day following the day that you sign up for the Powwownow Plus Service (or the day on which we issue PINs, whichever is the later) or (in relation to the cancellation of a Powwownow Plus Product only) within seven working days from the first working day following the day on which you place an order for the purchase of a Powwownow Plus Product. If you chose to cancel during this 7 working day period, we will provide a refund to you of any PAYG Call Credit that you have purchased and/or a refund of the Powwownow Product Charges paid by you in connection with that Powwownow Plus Product.
    • 6.2 If you use any of the Powwownow Plus Services within the cancellation period referred to in Paragraph 6.1 and then cancel your agreement with us in accordance with Paragraph 6.1, we will deduct any charges incurred in respect of your use of the Powwownow Plus Services from your PAYG Call Credit.
    • 6.3 If you use the Powwownow Plus Product within the cancellation period referred to in Paragraph 6.1 and then cancel the purchase of that Powwownow Plus Product in accordance with Paragraph 6.1, we will deduct from the refund of Powwownow Product Charges any costs and expenses incurred by us in respect of your use of the Powwownow Plus Product.
  7. Our agreement with you
    • 7.1 Your agreement with us will continue until terminated by either you or us in accordance with Paragraphs 11 and 12 of our General terms and Conditions.
    • 7.2 We may, within 30 days of termination of your agreement with us, at our absolute discretion and following a written request from you, return to you the balance of any PAYG Call Credit purchased by you after deduction of all of Powwownow Call Charges incurred.

VERSION March 2014

Powwownow Premium service additional terms and conditions

These Additional Terms and Conditions apply in respect of our Powwownow Premium Service, and apply in addition to our General Terms and Conditions. Please read these Powwownow Premium Service Additional Terms and Conditions together with our General Terms and Conditions carefully before Registering for and/or using our Powwownow Premium Service.

  1. Definitions
    • 1.1 Unless the context otherwise requires and except for those words and expressions defined in these Additional Terms and Conditions, words and expressions defined in the General Terms and Conditions shall have the same meanings where used in these Additional Terms and Conditions.
    • 1.2 References to Paragraph numbers in these Powwownow Premium Additional Terms and Conditions refer, unless expressly stated otherwise, to Paragraphs contained in these Powwownow Premium Additional Terms and Conditions.
    • 1.3 In these Powwownow Premium Service Additional Terms and Conditions, unless the context otherwise requires:
      • - "Network Operator Call Charge" means the price charged to the caller by the network operator; and
      • - “Powwownow Call Charge” has the meaning given to that term in Paragraph 6.1.
  2. Scope of the Powwownow Premium Service
    • 2.1 Our Powwownow Premium Service gives you the ability to have simultaneous telephone calls with other Participants via the telephone network.
    • 2.2 As more fully described in these Powwownow Premium Service Additional Terms and Conditions, Powwownow Premium Service is a tailored global audio and web conferencing service, which is delivered via a telephone or the internet and accessed through a unique PIN(s).
    • 2.3 The particular specification and pricing applicable to your Powwownow Premium Service package will be specified in (or attached to) the confirmatory email that we send to you when we agree to provide the Services to you (please see Paragraph 3 for more information).
  3. Registration, subscribing to Powwownow Premium, and when our contract with you begins
    • 3.1 If you wish to use our Powwownow Premium Service you must Register with us by phone on 0800 022 9922 or +44 (0)20 7990 0900. This is the case even where one of our customer representatives has visited you to discuss your requirements. Calls will be charged at your telephone provider's standard rate for each of these numbers.
    • 3.2 When you Register you must provide a current valid email address and such additional information as we may require in order to provide a quote to you, and to set up your customer account (for example, how you would like to pay, and your telephone number). We will use your email address to communicate Service messages to you and for marketing purposes (in accordance with the terms of our Privacy Policy and our General Terms and Conditions).
    • 3.3 Before Registering, one of our customer representatives will discuss your requirements and make suggestions as to the package and call features that may be suitable for you. Our customer representative will talk you through the various costing options and suggest a cost for your use of the Powwownow Premium Service.
    • 3.4 The Powwownow Premium Service is a flexible package that gives you the option to tailor the services to meet your needs. Where you would like to do this (for example, to create a personalised or branded welcome message), an initial set-up fee may apply. Our customer representative will let you know how much this will cost. An initial set-up fee may be payable in other circumstances, and our customer representative will explain this to you (if applicable).
    • 3.5 Following the call, we will send you an email that contains a link to a web page that summarises our proposal. Where you are a business customer, and you have told us that your business needs an authorised person to accept our proposal, a copy of this email will also be sent to them (at the email address you specify) so that they may review and accept the proposal. To view our proposal, please click on the "Click to proceed" link in the email, which will open a new web page or tab in your internet browser. If you experience technical difficulties at any time, please give us a call and we will try to help.
    • 3.6 The proposal summary page will display three tabs showing (i) details of our suggested service (including the cost per minute of using the Powwownow Premium Service), (ii) your billing details, and (iii) your contact details. Please review this information and ensure that it is correct, and that the proposed service(s) meet your needs. The page gives you the option of accepting or rejecting our proposal. If any of the information is incorrect, or if you would like to change any of the details of the proposal, please tell us the reason for your rejection in the box provided, and click on the "Reject" button. One of our customer representatives will then give you a call to see how we can help.
    • 3.7 If you are happy with the details of our proposal, please confirm that you have read and agree to the terms of our proposal, the General Terms and Conditions and Powwownow Premium Additional Terms and Conditions, and our Privacy Policy. Having acknowledged your acceptance in the tick box provided, please 'sign' to confirm your acceptance by typing your email address in the box provided and click on the "Accept" button. Unless we expressly agree otherwise, our proposal is valid for a period of 30 days.
    • 3.8 By clicking on the "Accept" button you warrant and represent to us that: (i) where you are acting on behalf of a business, you are authorised by the business to make request the Services from us and to place an order for the Powwownow Premium Service for and on its behalf; (ii) the information you have provided to us as part of the Registration process is accurate, complete and up-to-date; and (iii) you are entitled to purchase the services using the payment details that you have provided.
    • 3.9 Your purchase of the Powwownow Service is offered by us on this Website (and in any proposal documentation that we submit to you or that you view on our Website) on an "invitation to treat" basis only. By submitting acceptance to our initial proposal, you are making an offer to us to purchase the Services. Your offer will only be accepted by us and a contract formed when we have confirmed that we have accepted your request in accordance with Paragraph 3.10.
    • 3.10 We accept your Powwownow Premium Service request at the time we send confirmation to you by email that we accept the request and your order has been successful and it is at this moment that a contract is made between you and us in respect of the provision of the Powwownow Premium Service. Our confirmation email will attach a PDF copy of the applicable Terms and a summary of the Powwownow Premium Service that we will supply to you, together with a summary of the agreed pricing, billing and contact details. We may decline your order request for the Powwownow Premium Service at our absolute discretion, and we are not obliged to provide the Powwownow Premium Service to you until we have confirmed our acceptance to you.
    • 3.11 We will provide the Powwownow Premium Service to you from the date of our confirmatory email, although you will not be able to use the conference call Services until we have confirmed your PIN code(s) together with any other required Service information. We will provide this information to you by email in the working days immediately following our confirmation email.
    • 3.12 Where an initial set-up fee applies to your Powwownow Premium package, we will issue an invoice for the set-up fee to you. This invoice will be payable by you in accordance with our payment terms, which are set out at Paragraph 6.3.
  4. Your right to cancel
    • 4.1 Subject to Paragraph 4.2 and Paragraph 4.3, you have the right to cancel your agreement for Powwownow Premium Service with us without liability at any time within seven working days from the first working day following the day that we send you our confirmatory email confirming that we agree to provide the Powwownow Premium Service to you. If you choose to cancel your agreement with us during this period, we will provide a full refund to you of any charges that you have paid to us.
    • 4.2 If you use any of the Powwownow Premium Services within the cancellation period referred to in Paragraph 4.1 and then cancel your agreement with us in accordance with Paragraph 4.1, you must pay to us any charges incurred in respect of your use of the Services.
    • 4.3 Where you have requested that we develop any personalised or branded features for your Powwownow Premium package (for example, a personalised welcome message) and you cancel your agreement with us in accordance with Paragraph 4.1, you must pay to us any costs (up to the maximum of the agreed set-up fee) that we have incurred in developing the customised features for you.
  5. Our agreement with you
    • 5.1 The contract will continue until terminated by either you or us in accordance with Paragraphs 11 and 12 of our General Terms and Conditions.
    • 5.2 We may contact you throughout the duration of our agreement with you to see if we can improve our services, or offer you a more competitive package. If we do agree any changes to your Powwownow Premium Service or the terms of our agreement with you, we will send you a new proposal and we will enter into a new agreement with you following the steps set out in Paragraph 3. Upon the conclusion of a new or revised agreement with you for the provision of the Powwownow Premium Service, our original agreement will be deemed to have been terminated.
  6. Charges for the use of the Powwownow Premium Service, and our payment terms
    • 6.1 In addition to any initial set-up fee (which will invoiced to you in accordance with Paragraph 3), you will be charged at the agreed rate for your usage of the dial-in numbers at the prices set out in our confirmatory email to you (the Powwownow Call Charge).
    • 6.2 We will invoice any Powwownow Call Charges applicable to your use of the Powwownow Premium Service on a monthly basis.
    • 6.3 All invoices are payable within 30 days of issue. You may pay by BACS transfer, credit or debit card, or by direct debit. If you wish to pay by way of BACS transfer, you will need to ensure that payment reaches us within 30 days of the date of our invoice. If you have decided to pay using a debit or credit card, please call us and one of our customer representatives will take payment. Our customer representative will advise you of the cards that we accept. Authority for payment is given, and your card will be charged, at the time of your call to us. Where you have arranged to pay by way of direct debit, payment will be taken no less than ten (10) days after the date of our invoice.
    • 6.4 If we do not receive payment from you, we may immediately terminate or suspend your use of the Powwownow Premium Service, and stop any development work that we are doing for you (for example, creating a branded welcome message for you).
    • 6.5 If you have any queries in respect of your invoice, please contact us.
    • 6.6 Please be aware that you and your invited Participants will also have to pay (where applicable) for any Network Operator Call Charges incurred in respect of calls made using the Powwownow Premium Service. Any Network Operator Call Charges will be invoiced on the standard telephone bill issued by your (or their, as applicable) telephone network operator at the prevailing Network Operator Call Charge rate for calls to the relevant dial-in number. We always advise that you and each of your Participants should check with the relevant telephone network operator to confirm the applicable Network Operator Call Charge rate.
    • 6.7 There are no cancellation or booking charges.

VERSION March 2011

Powwownow Engage service additional terms and conditions

Terms and Conditions apply in respect of our Powwownow Engage Service, and apply in addition to our General Terms and Conditions. Please read these Powwownow Engage Service Additional Terms and Conditions together with our General Terms and Conditions carefully before Registering for and/or using our Powwownow Engage Service.

  1. Definitions
    • 1.1 Unless the context otherwise requires and except for those words and expressions defined in these Additional Terms and Conditions, words and expressions defined in the General Terms and Conditions shall have the same meanings where used in these Additional Terms and Conditions.
    • 1.2 References to Paragraph numbers in these Powwownow Engage Service Additional Terms and Conditions refer, unless expressly stated otherwise, to Paragraphs contained in these Powwownow Engage Service Additional Terms and Conditions.
    • 1.3 In these Powwownow Engage Service Additional Terms and Conditions, unless the context otherwise requires:
      • 1.3.1 "Hardware" means a bundle containing a webcam, a headset and a speaker box;
      • 1.3.2 "Network Operator Call Charges" means the price charged to the caller by the network operator;
      • 1.3.3 "Subscription Form" means the business subscription service order form which we will prepare and send to you following your telephone enquiry regarding the Powwownow Engage Services; and
      • 1.3.4 "Users" means the number of your employees or representatives who are registered to use the Powwownow Engage Services.
  2. Scope of the Powwownow Engage Service
    • 2.1 Our Powwownow Engage service is a standalone Unified Collaboration Service which provides presence, instant messaging, HD video conferencing, audio conferencing, VOIP calling, screen sharing and web conferencing functionality.
    • 2.2 The number of Users you register to use the Powwownow Engage Service will be specified in the Subscription Form.
  3. Registration, subscribing to Powwownow Engage, and when our contract with you begins
    • 3.1 If you wish to use our Powwownow Engage Service, you must Register with us by phone on 0800 022 9930 or +44 (0)20 3398 0900. Calls will be charged at your telephone provider's standard rate for each of these numbers.
    • 3.2 When you register, you must provide a current valid email address and such additional information as we may require in order to provide a quote to you, and to set up your customer account (for example, how you would like to pay, your telephone number, email addresses of the Users you wish to register etc). We will use email addresses to communicate Service messages to you and your Users and for marketing purposes (in accordance with the terms of our Privacy Policy and our General Terms and Conditions).
    • 3.3 Following the call, we will send you an email which attaches our Subscription Form which will set out our proposal of the key terms of the agreement between you and us for the Services. If you are happy with the Subscription Form, please arrange for an authorised signatory to sign the same to confirm that you have read and agree the terms of our proposal, the General Terms and Conditions, the Powwownow Engage Additional Terms and Conditions and our Privacy Policy. Unless we expressly agree otherwise, our proposal is valid for a period of 30 days.
    • 3.4 By signing and returning the Subscription Form, you warrant and represent to us that: (i) the form has been signed by an authorised signatory who is authorised by you to make the request to us to provide the Services and to place an order for the Services for and on your behalf; (ii) the information provided to us as part of the Registration process is accurate, complete and up-to-date; and (iii) you are entitled to purchase the Services using the payment details that you have provided.
    • 3.5 Your purchase of the Powwownow Engage Service is offered by us on an "invitation to treat" basis only. By signing and accepting the Subscription Form, you are making an offer to us to purchase the Services. Your offer will only be accepted by us and a contract formed when we have confirmed that we have accepted your request in accordance with Paragraph 3.6
    • 3.6 We accept your offer to purchase the Powwownow Engage Service at the time we send confirmation to you by email that we accept the request and your order has been successful and it is at this moment that a contract is made between you and us in respect of the provision of the Powwownow Engage Service. Our confirmation email will attach a PDF copy of the applicable Terms and a summary of the Powwownow Engage Service that we will supply to you, together with a summary of the agreed pricing, billing and contact details. We may decline your order request for the Powwownow Engage Service at our absolute discretion, and we are not obliged to provide the Powwownow Engage Service to you until we have confirmed our acceptance to you.
    • 3.7 We will provide the Powwownow Engage Services to you from the date of our confirmatory email, although you will not be able to use the Services until installation is complete.
  4. Installation and third party software
    • 4.1 Once we have sent to you the acceptance email in accordance with Paragraph 3.6, we will set up the product for you and assist you with the installation in your business.
    • 4.2 The Powwownow Engage Services have been developed by us in conjunction with affiliated third party suppliers. These affiliated third party suppliers have given us the right to distribute this software to you. During the installation process, you will receive an email from us with a link to some software which you will need to download to use the Services. When you download, install and use the software, your use of the software and the Services will be governed by the terms and conditions of our third party supplier’s end user software licence agreement and their Terms of Use (a copy of which is available from their website at
    • 4.3 A user guide is available on our website that explains how to use the Services once the software has been installed.
    • 4.4 Before you download, install or in any way use the Services, please ensure that you have read and agree to both these Additional Terms and Conditions, the General Terms and Conditions, our Website Terms of Use, our Privacy Policy and the terms and conditions set out in the end user software licence agreement. When you browse our third party supplier’s website, you will be subject to the terms and conditions of their website (available at www.yuuguu.com/terms_of_use and http://www.vidyo.com/terms-of-use/). We are not responsible for any products, services or materials found on our third party supplier’s site, your use of their site is entirely at your own risk, and we accept no responsibility for the content of their site.
    • 4.5 In addition to the terms of the third party end user software licence, you agree that you shall not (and you shall not permit anyone else, including any Participant, to) copy, translate, merge, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, unless this is expressly permitted or is otherwise required or permitted by law (and then, only to the extent so permitted or required), unless you have obtained our express prior written consent.
    • 4.6 You agree to comply promptly with any reasonable instructions given by us from time to time in connection with the use and operation of the Services and/or the software required to operate the Services.
    • 4.7 Please be aware that from time to time, the Powwownow Engage software may automatically download and install, or request or require you to download updates from us or our third party supplier. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions of the software. By accepting the Terms you agree to receive such updates and permit us to deliver these to you as part of your use of the Services.
    • 4.8 We reserve the right to discontinue the provision of the Powwownow Engage service at any time.
    • 4.9 You acknowledge and agree that our affiliated third party suppliers may contact you by email in the event that we are to discontinue the provision of the Powwownow Engage Services (so that they may offer to provide you with an alternative video or web conferencing service or to see how they may improve the performance of the product).
    • 4.10 You agree and undertake to stop using the Powwownow Engage Services (and to uninstall the software) if at any time your agreement with us terminates (for whatever reason).
  5. Payment
    • 5.1 Our charges are based on the number of Users. The costs per month are set out in the Subscription Form.
    • 5.2 Our licence fee charges for the Services are payable monthly in advance. We will send you an invoice at the beginning of each month.
    • 5.3 All invoices are payable within 30 days of issue. You may pay by BACS transfer, by cheque made payable to Via-Vox Ltd or by direct debit. If you pay by way of BACS transfer, you will need to ensure that payment reaches us within 30 days of the date of our invoice. If you pay by cheque, we must receive the cheque at least five business days before the expiry the 30 days after the date of the invoice. Where you have arranged to pay by way of direct debit, payment will be taken no less than ten (10) days after the date of our invoice.
    • 5.4 If we do not receive payment from you, we may immediately terminate or suspend your use of the Powwownow Engage Services.
    • 5.5 If you have any queries in respect of your invoice, please contact us.
    • 5.6 Please be aware that you and your invited Participants will also have to pay (where applicable) for any Network Operator Call Charges incurred in respect of telephone conference calls made using the Powwownow Engage Service. Any Network Operator Call Charges will be invoiced on the standard telephone bill issued by your (or their, as applicable) telephone network operator at the prevailing Network Operator Call Charge rate for calls to the relevant dial-in number. We always advise that you and each of your Participants should check with the relevant telephone network operator to confirm the applicable Network Operator Call Charge rate.
  6. Hardware
    • 6.1 In certain circumstances, we may provide Hardware to you for each of your Users. Hardware is manufactured and supplied by a third party supplier.
    • 6.2 Delivery of the Hardware will be completed when the Hardware is delivered to the address you gave us. The Hardware will be your responsibility from the completion of delivery.
    • 6.3 You must inspect the Hardware on delivery and inform us immediately if there are any problems.
    • 6.4 The Hardware may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Hardware.
    • 6.5 The Hardware is supplied for internal use by your business only, and you agree not to use the Hardware for any re-sale purposes.
    • 6.6 Except as expressly stated in these Additional Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the Hardware. Any representation, condition or warranty which might be implied or incorporated into these Additional Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Hardware is suitable for your purposes.
    • 6.7 Provided the term of the contract between you and us is for 12 months or more and you have 30 or more Users, if we agree in writing to supply the Hardware to you for each User, we will do so without charge.
    • 6.8 If, following the supply of Hardware in accordance with Paragraph 6.7, the contract between you and us for the Powwownow Engage Service is terminated (for whatever reason) within 12 months of the contract being formed, we will charge you £50 per Hardware supplied. For example, if you have 34 Users and the contract is terminated before the expiry of the initial 12 months of the contract, we will invoice you for £50 x 34 Users = £1,700.
    • 6.9 If you have fewer than 30 Users and we agree in writing to supply the Hardware to you for each User, we will charge you £5 per User per month in advance for the first 12 months of the contract. Invoices raised by us in accordance with this Paragraph 6.9 shall be payable by you in accordance with Paragraph 5 above.
    • 6.10 If, following the supply of Hardware in accordance with Paragraph 6.9, our contract for the Powwownow Engage Service is terminated (for whatever reason) within 12 months of the contract being formed, we will, on termination, invoice you for an amount equal to the amount which would have been invoiced for the Hardware from the date of termination until the expiry of the initial 12 months. For example, if you have 20 Users and the contract is terminated after 8 months, we will invoice you for £5 x 20 Users x 4 months remaining = £400.
    • 6.11 Invoices raised in accordance with Paragraphs 6.8 and 6.10 shall be payable immediately.
  7. Our agreement with you
    • 7.1 Your agreement with us will continue until terminated by either you or us in accordance with Paragraph 7.2 below.
    • 7.2 You may terminate your agreement with us at any time by giving us not less than four weeks' written notice of your intention to terminate this agreement.
    • 7.3 We may contact you throughout the duration of our agreement with you to see if we can improve the services, or offer you a more competitive package. If we do agree any changes to your Powwownow Engage Service or the terms of our agreement with you, we will send you a new proposal and we will enter into a new agreement with you following the steps set out in Paragraph 3. Upon the conclusion of a www.yuuguu.com/user_license and at http://www.vidyo.com/terms-of-use) in addition to the Terms.

VERSION September 2012

Powwownow Video Conferencing service additional terms and conditions

These Additional Terms and Conditions apply in respect of our Powwownow Video Conferencing Service, and apply in addition to our General Terms and Conditions. Please read these Powwownow Video Conferencing Service Additional Terms and Conditions together with our General Terms and Conditions carefully before Registering for and/or using our Powwownow Video Conferencing Service.

  1. Definitions
    • 1.1 Unless the context otherwise requires and except for those words and expressions defined in these Additional Terms and Conditions, words and expressions defined in the General Terms and Conditions shall have the same meanings where used in these Additional Terms and Conditions.
    • 1.2 References to Paragraph numbers in these Powwownow Video Conferencing Service Additional Terms and Conditions refer, unless expressly stated otherwise, to Paragraphs contained in these Powwownow Video Conferencing Service Additional Terms and Conditions.
    • 1.3 In these Powwownow Video Conferencing Service Additional Terms and Conditions, unless the context otherwise requires:
      • 1.3.1 "Hardware" means a bundle containing a webcam, a headset and a speaker box;
      • 1.3.2 "Network Operator Call Charges" means the price charged to the caller by the network operator;
      • 1.3.3 "Subscription Form" means the business subscription service order form which we will prepare and send to you following your telephone enquiry regarding the Powwownow Video Conferencing Services; and
      • 1.3.4 "Users" means the number of your employees or representatives who are registered to use the Powwownow Video Conferencing Services.
  2. Scope of the Powwownow Video Conferencing Service
    • 2.1 Our Powwownow Video Conferencing service is a standalone video conferencing service which provides HD video conferencing functionality.
    • 2.2 The number of Users you register to use the Powwownow Video Conferencing Service will be specified in the Subscription Form.
  3. Registration, subscribing to Powwownow Video Conferencing, and when our contract with you begins
    • 3.1 If you wish to use our Powwownow Video Conferencing Service, you must Register with us by phone on 0800 022 9930 or +44 (0)20 3398 0900. Calls will be charged at your telephone provider's standard rate for each of these numbers.
    • 3.2 When you register, you must provide a current valid email address and such additional information as we may require in order to provide a quote to you, and to set up your customer account (for example, how you would like to pay, your telephone number, email addresses of the Users you wish to register etc). We will use email addresses to communicate Service messages to you and your Users and for marketing purposes (in accordance with the terms of our Privacy Policy and our General Terms and Conditions).
    • 3.3 Following the call, we will send you an email which attaches our Subscription Form which will set out our proposal of the key terms of the agreement between you and us for the Services. If you are happy with the Subscription Form, please arrange for an authorised signatory to sign the same to confirm that you have read and agree the terms of our proposal, the General Terms and Conditions, the Powwownow Video Conferencing Additional Terms and Conditions and our Privacy Policy. Unless we expressly agree otherwise, our proposal is valid for a period of 30 days.
    • 3.4 By signing and returning the Subscription Form, you warrant and represent to us that: (i) the form has been signed by an authorised signatory who is authorised by you to make the request to us to provide the Services and to place an order for the Services for and on your behalf; (ii) the information provided to us as part of the Registration process is accurate, complete and up-to-date; and (iii) you are entitled to purchase the Services using the payment details that you have provided.
    • 3.5 Your purchase of the Powwownow Video Conferencing Service is offered by us on an "invitation to treat" basis only. By signing and accepting the Subscription Form, you are making an offer to us to purchase the Services. Your offer will only be accepted by us and a contract formed when we have confirmed that we have accepted your request in accordance with Paragraph 3.6.
    • 3.6 We accept your offer to purchase the Powwownow Video Conferencing Service at the time we send confirmation to you by email that we accept the request and your order has been successful and it is at this moment that a contract is made between you and us in respect of the provision of the Powwownow Video Conferencing Service. Our confirmation email will attach a PDF copy of the applicable Terms and a summary of the Powwownow Video Conferencing Service that we will supply to you, together with a summary of the agreed pricing, billing and contact details. We may decline your order request for the Powwownow Video Conferencing Service at our absolute discretion, and we are not obliged to provide the Powwownow Video Conferencing Service to you until we have confirmed our acceptance to you.
    • 3.7 We will provide the Powwownow Video Conferencing Services to you from the date of our confirmatory email, although you will not be able to use the Services until installation is complete.
  4. Installation and third party software
    • 4.1 Once we have sent to you the acceptance email in accordance with Paragraph 3.6, we will set up the product for you and assist you with the installation in your business.
    • 4.2 The Powwownow Video Conferencing Services have been developed by us in conjunction with affiliated third party suppliers. These affiliated third party suppliers have given us the right to distribute this software to you. During the installation process, you will receive an email from us with a link to some software which you will need to download to use the Services. When you download, install and use the software, your use of the software and the Services will be governed by the terms and conditions of our third party supplier’s end user software licence agreement and their Terms of Use (a copy of which is available from their website at http://www.vidyo.com/terms-of-use) in addition to the Terms.
    • 4.3 A user guide is available on our website that explains how to use the Services once the software has been installed.
    • 4.4 Before you download, install or in any way use the Services, please ensure that you have read and agree to both these Additional Terms and Conditions, the General Terms and Conditions, our Website Terms of Use, our Privacy Policy and the terms and conditions set out in the end user software licence agreement. When you browse our third party supplier’s website, you will be subject to the terms and conditions of their website (available at http://www.vidyo.com/terms-of-use/). We are not responsible for any products, services or materials found on our third party supplier’s site, your use of their site is entirely at your own risk, and we accept no responsibility for the content of their site.
    • 4.5 In addition to the terms of the third party end user software licence, you agree that you shall not (and you shall not permit anyone else, including any Participant, to) copy, translate, merge, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, unless this is expressly permitted or is otherwise required or permitted by law (and then, only to the extent so permitted or required), unless you have obtained our express prior written consent.
    • 4.6 You agree to comply promptly with any reasonable instructions given by us from time to time in connection with the use and operation of the Services and/or the software required to operate the Services.
    • 4.7 Please be aware that from time to time, the Powwownow Video Conferencing software may automatically download and install, or request or require you to download updates from us or our third party supplier. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions of the software. By accepting the Terms you agree to receive such updates and permit us to deliver these to you as part of your use of the Services.
    • 4.8 We reserve the right to discontinue the provision of the Powwownow Video Conferencing service at any time.
    • 4.9 You acknowledge and agree that our affiliated third party suppliers may contact you by email in the event that we are to discontinue the provision of the Powwownow Video Conferencing Services (so that they may offer to provide you with an alternative video or web conferencing service or to see how they may improve the performance of the product).
    • 4.10 You agree and undertake to stop using the Powwownow Video Conferencing Services (and to uninstall the software) if at any time your agreement with us terminates (for whatever reason).
  5. Payment
    • 5.1 Our charges are based on the number of Users. The costs per month are set out in the Subscription Form.
    • 5.2 Our licence fee charges for the Services are payable monthly in advance. We will send you an invoice at the beginning of each month.
    • 5.3 All invoices are payable within 30 days of issue. You may pay by BACS transfer, by cheque made payable to Via-Vox Ltd or by direct debit. If you pay by way of BACS transfer, you will need to ensure that payment reaches us within 30 days of the date of our invoice. If you pay by cheque, we must receive the cheque at least five business days before the expiry the 30 days after the date of the invoice. Where you have arranged to pay by way of direct debit, payment will be taken no less than ten (10) days after the date of our invoice.
    • 5.4 If we do not receive payment from you, we may immediately terminate or suspend your use of the Powwownow Video Conferencing Services.
    • 5.5 If you have any queries in respect of your invoice, please contact us.
  6. Hardware
    • 6.1 In certain circumstances, we may provide Hardware to you for each of your Users. Hardware is manufactured and supplied by a third party supplier.
    • 6.2 Delivery of the Hardware will be completed when the Hardware is delivered to the address you gave us. The Hardware will be your responsibility from the completion of delivery.
    • 6.3 You must inspect the Hardware on delivery and inform us immediately if there are any problems.
    • 6.4 The Hardware may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Hardware.
    • 6.5 The Hardware is supplied for internal use by your business only, and you agree not to use the Hardware for any re-sale purposes.
    • 6.6 Except as expressly stated in these Additional Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the Hardware. Any representation, condition or warranty which might be implied or incorporated into these Additional Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Hardware is suitable for your purposes.
    • 6.7 If, following any supply of Hardware by us to you, the contract between you and us for the Powwownow Video Conferencing Service is terminated (for whatever reason) within 12 months of the contract being formed, we will charge you £50 per Hardware supplied. For example, if you have 34 Users and the contract is terminated before the expiry of the initial 12 months of the contract, we will invoice you for £50 x 34 Users = £1,700.
    • 6.8 If you have fewer than 30 Users and we agree in writing to supply the Hardware to you for each User, we will charge you £5 per User per month in advance for the first 12 months of the contract. Invoices raised by us in accordance with this Paragraph 6.8 shall be payable by you in accordance with Paragraph 5 above.
    • 6.9 If, following the supply of Hardware in accordance with Paragraph 6.8, our contract for the Powwownow Video Conferencing Service is terminated (for whatever reason) within 12 months of the contract being formed, we will, on termination, invoice you for an amount equal to the amount which would have been invoiced for the Hardware from the date of termination until the expiry of the initial 12 months. For example, if you have 20 Users and the contract is terminated after 8 months, we will invoice you for £5 x 20 Users x 4 months remaining = £400.
    • 6.10 Invoices raised in accordance with Paragraphs 6.7 and 6.9 shall be payable immediately.
  7. Our agreement with you
    • 7.1 Your agreement with us will continue until terminated by either you or us in accordance with Paragraph 7.2 below.
    • 7.2 You may terminate your agreement with us at any time by giving us not less than four weeks' written notice of your intention to terminate this agreement.
    • 7.3 We may contact you throughout the duration of our agreement with you to see if we can improve the services, or offer you a more competitive package. If we do agree any changes to your Powwownow Video Conferencing Service or the terms of our agreement with you, we will send you a new proposal and we will enter into a new agreement with you following the steps set out in Paragraph 3. Upon the conclusion of a new or revised agreement with you for the provision of the Powwownow Video Conferencing Service, our original agreement will be deemed to have been terminated.