Telefonmøder is a legally owned and operated brand by Voicelink ApS – part of ipvison a/s, Skodsborgvej 305 D, DK-2850 Nærum, Denmark, CVR no.: 32289231.
These general terms and conditions apply when someone (“the Customer”) makes use of – or allows someone else to make use of (“the User”) any of Voicelink ApS (Voicelink) conferencing services (the “Service”/”Services”). The agreement between Voicelink and the Customer consists of general terms and conditions and such other written agreements that the parties may have concluded. These general terms and conditions shall be deemed to be applicable for all use made by the Customer of the service and shall be deemed to constitute an integral part of the agreement between the parties (the “Agreement”).
1.1 In the Agreement the Service refers to:
I Audio conferencing and following elements
a) Dial-in conference service
b) Dial-out conference service
c) Online customer portal
d) Other elements included in Voicelink’s portfolio
II Web conferencing
2 Provisioning of services
2.1 Voicelink‘s undertaking
Voicelink shall supply the Service in accordance with the product description applicable at any time that is available at www.telefonmoeder.dk. Voicelink strives to maintain a high level of service and availability, and is committed to, wherever possible, to provide the Customer with notification of any interruptions or operational changes.
2.2 Software License
Subject to the Customers compliance with the terms and conditions of this Agreement, Voicelink grants the Customer a non-exclusive license (the “License”) during the term of the Agreement to use the Services. Voicelink reserves the rights to terminate the License due to lack of the supply of third party licenses, related to the License, by giving the Customer not less than fourteen (30) days prior written notice.
3 The Customer’s undertaking
The Customer agrees not to reverse engineer, decompile disassemble or attempt to learn the source code of the Services. The Customer may not resell or otherwise generate income from the Services.
Voicelink will forward by email and postal service the specific codes such as PIN codes, room codes and user names for the Service to the Customer. The Customer is responsible for storing the codes in a safe manner.
Any utilisation of the Service shall take place in accordance with the legislation in force, good business practice and ethics. Misuse and the suspicion of misuse may lead to the Customer being excluded from utilisation of the Service and to the Agreement being cancelled. In the event that the Customer grants the User the right to make use of the Service the Customer is responsible for the User following the provisions in these general terms and conditions. The Customer is responsible for all utilisation of the services until such time that the Customer has notified Voicelink that the Service shall be suspended or terminated via phone, e-mail or postal service.
3.4 Improper Use
The Customer is responsible for all codes being handled in a proper manner so that unauthorised persons are unable to peruse or make use of them. The Customer is responsible for any utilisation of the service, either directly or by the User, until such time that the request to block access has been received by Voicelink. In the event that improper use of codes is feared the Customer or User shall immediately notify Voicelink‟s customer services for blocking of access.
3.5 Personal particulars and other information
The Customer gives his consent to his/hers personal particulars being stored with Voicelink. The Customer is answerable to Voicelink for all Users providing the requisite consent for the storage of personal particulars. The Customer is responsible for the content of all personal data and other information that is procured for Voicelink. The Customer is also liable for procuring the necessary permits for receiving, diffusing or storing the above information and for the same complying with the law, official regulations and judicial rulings. The Customer undertakes to ensure that no information that is procured in accordance with this provision may cause damage to Voicelink. Accordingly Voicelink shall not be liable for any content, including but not limited to content that is sent, received, held, released or otherwise connected in any respect to the services.
The Customer shall indemnify, defend and hold Voicelink harmless for any and all damages, actions, liabilities, loss or claims which arise out of or relate to the Customers use of the Services including any person accessing the Service using the account of the Customer, any violation of this Agreement or applicable law and any infringement or violation by the Customer or any person using the account of the Customer when accessing the Services.
Invoicing takes place monthly in arrears. Payment shall take place thirty (30) days at the latest after the date of the invoice. In the event of non-payment or late payment Voicelink has the right to penalty interest established under law and, where appropriate, to compensation for expenses in connection with reminders, collection of debts and recovery of claims.
Note: due to system constraints, no more than 50 concurrent meeting participants can be scheduled or in attendance at one time in a meeting without prior notice to the support department.
For the Service prices applies according to, at any time, current price list offered to the Customer. In the case of a possible increase in the basic price or local dial-in numbers the customer is notified 1 month prior to the price change coming into effect. All prices are shown exclusive of VAT.
5 Disclaimer of warranties
All Services are provided “as is” and without any warranty. Voicelink expressly disclaims all warranties of any kind express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose or non-infringement. Voicelink makes no warranty that the Services will be uninterrupted, timely, and secure or error free.
6 Limitation of liability and force majeure
In no case shall Voicelink be liable for direct loss exceeding a maximum amount corresponding to the total charges paid by the Customer for the calendar month when the loss arose. Voicelink is not liable for indirect damage, detriment or loss in the event of delay, interruption or similar circumstances. The parties are exempt from sanction for non-performance in discharging obligations according to these general terms and conditions, if the non-performance is based on circumstances of the kind that are stated below (exonerating circumstance) and the circumstance prevents, considerably complicates or delays the implementation of the same. Exonerating circumstances shall also be deemed to be official measures or omissions, newly added or altered legislation, a decision of a public authority, labour conflict, blockade, fire, flood or major accident. A party that claims exoneration in accordance with the provisions above shall inform the other party to this effect without delay. Regardless of what is stated above regarding exoneration from sanction the party has the right to cancel the Agreement with immediate effect if the performance of the obligation is delayed by more than three months.
7 Intellectual Property Rights and third party rights
To the extent that Voicelink’s Services are protected by copyright or other intellectual property rights these belong to Voicelink and no such rights are transferred to the Customer through agreement of the parties. All www.telefonmoeder.dk access and use of any third party rights and/or services is governed by the terms and conditions set forth from time to time by such third party (the “Third Party Terms”). To the extent the Third Party Terms conflict with this Agreement the Third Party Terms shall govern and control.
8 Agreement term, suspension and cancellation
Unless stipulated in the applicable Order Form of the Service, the parties may cancel the Agreement with thirty (30) days of prior written notice to the other party. If the Customer, or a User of the Customer infringes the general terms and conditions Voicelink has the right to wholly or partly suspend the Service. If a payment is not received within the period indicated on the invoice, Voicelink shall send a reminder. If the Customer fails to pay the invoice within a week of the date of the reminder Voicelink has the right to wholly or partly suspend the Service. Even on suspension according to the above and up to such time as the Service has ceased Voicelink has the right to possible fixed monthly charges. The Agreement may be cancelled with immediate effect if any of the parties demonstrate serious shortcomings in their obligations according to these general terms and conditions, discontinue their payments, initiate negotiations on composition, file a bankruptcy petition or go into liquidation.
Disputes concerning the interpretation or application of these general terms and conditions and the thereby associated matters of law shall be decided by arbitrators according to Danish law. If the Customer is a consumer and has made use of the service in dispute for private purposes then the dispute shall be decided through process in an ordinary court of law in accordance with Danish law. For unpaid claims due for payment for Services supplied Voicelink may however bring an action in an ordinary court of law. The Copenhagen District Court will be the chosen court by both parties.
Voicelink has the right to engage sub-contractors in the performance of its obligations towards the Customer. Voicelink has the right to transfer all or parts of the Agreement to third parties. The Customer has no right to transfer part or all of the Agreement to third parties without Voicelink’s written consent.
11 Duty of Confidentiality
Voicelink and all who operate on Voicelink’s behalf have a duty of confidentiality in respect of the customer’s business, agreements and other matters. The Customer agrees to hold in strictest confidence and not to use or disclose to any third party, any information designated by Voicelink as confidential, or information which by its nature reasonably would be considered as confidential.