Terms & Conditions

Last Update: 07/12/2015

This Terms of Service document lays the Terms & Conditions for the Services provided by PeopleLink Unified Communications Pvt. Ltd.

1.1 ABOUT PEOPLELINK UNIFIED COMMUNICATIONS PVT. LTD.

Founded in 2007, PeopleLink has emerged as India's first ISO 9001-2008 certified Video Conference Company. It has marked an exponential 108% growth Year Over Year (Y-O-Y) from the past 5 years. A pioneer of modern video technology, PeopleLink, after accomplishing its pan India coverage is now expanding its Global operations. Its range of offerings includes next generation Video technology and Audio Video peripherals across a wide range of focused industry verticals. PeopleLink offers the most robust customer / partner service in the Industry today. PeopleLink has a strong and agile partner network to connect with our esteemed partners across 25 countries globally.

Important Read Carefully: Your use of and Access to the Website, Web Portal and Products and Services (Collectively, the "Solution (s)") Of PeopleLink Unified Communications Pvt. Ltd, and its associated Brands and Subsidiaries (Collectively "PeopleLink") is Conditioned upon your Compliance and Acceptance of These Terms.

This is a legal agreement ("Agreement") between You and PeopleLink for use of the Products which You selected or initiated. "You" refers to the individual who is using or accessing the Products or is registered and/or has provided his or her credit card or other payment mechanism for the Products either directly with PeopleLink or through a third party or, if an individual is purchasing the Products on behalf of an entity and is authorized to purchase the Products on behalf of such entity, then "You" refers to such entity. If You do not agree with the terms of this Agreement, do not use or access the Products or, when applicable, click the "Cancel" button and do not purchase the Products.

1.2 DEFINITIONS

As used in the Agreement, the following defined terms shall apply:

1. “PeopleLink” means, PeopleLink Unified Communications Pvt. Ltd., and its associated brands and subsidiaries collectively called as “PeopleLink”.

2. “PeopleLink Solutions” means the products and services provided by PeopleLink.

3. “Order Or Service Order” means any initial or subsequent ordering document and/or online request for access to the Services submitted to PeopleLink, a PeopleLink authorized reseller and/or through PeopleLink product website(s).

4. “Services” means the generally available PeopleLink software-as-a-service offerings, Managed Video Services and any other support service. PeopleLink may update the Services at any time and all Services set forth in the Service Descriptions may not be available to all Customers. The Services are for professional/business use only.

4.1 "Software as a Service" (SaaS) PeopleLink provides some of its visual collaboration services on Cloud / Hosted for which the standard duration of validity is 12 months, unless specified separately.

4.2 "Managed Video Service" (MVS) PeopleLink provides managed Video services, wherein the complete service is hosted or on Cloud for a limited duration as specified in the contract or limited to the duration of the Event.

5. "Update" means Software for which PeopleLink has provided fixes or minor revisions to correct errors or defects in the existing operation of the Software in accordance with the published Product specifications, and which is limited to those updates that PeopleLink generally provides to its support Services customers at no charge. Updates do not include Upgrades or Software Options.

6. "Upgrade" means new releases of the Software which contains enhancements improving the functionality or capabilities of the Software, which PeopleLink makes generally available to its support Services customers. Upgrades do not include Software Options. Upgrades is a service available at additional cost.

7. "Software Options" means optional functionality or features of Software that may be selected at the time of purchase or at a later time, and for which PeopleLink charges separately.

8. “Use Level" means the model by which PeopleLink measures, prices and offers the Service to Customer as set forth on the applicable price list, websites, Order, and/or Service Description.

2. ACCESS AND USE OF SERVICES

2.1 Communication.

Installing PeopleLink Software and setting up an account on PeopleLink Cloud or Hosted Service enables you to communicate by video conference from multiple platforms and services. PeopleLink will not be responsible for communication with disruptions, delays or communication-related flaws or that all your communications will always be delivered to other people caused due to power outages or Internet service disruption and you may experience some disruptions (e.g. packet loss and delay) which will interfere with the quality of your communications.

2.2 Registration.

In order to set up an account on PeopleLink Cloud / Hosted Service you need to register with PeopleLink and agree to these Terms. You agree to provide PeopleLink with current, accurate and complete registration information. If you are registering on behalf of a corporation or other legal entity, you warrant that you have the authority to act on behalf of such corporation or legal entity and these Terms shall apply to such corporation or other legal entity. In this case, the term “you” or “your” or “Company” shall refer to such corporation or other legal entity. Registration data and certain other information about you are governed by our Privacy Policy.

2.3 Administrator Access / Account.

If you are registered as an administrator to administer the end user account for your Company and manage multiple end-user accounts or even administer accounts on PeopleLink Cloud / Hosted Service (an “Administrator”), you will have the ability to create an administrator account (“Administrator Account”) and may create end-user accounts (“User Account”). You are responsible for all activities conducted through your Administrator Account. If you permit someone else to use your Administrator Account, you must ensure that they comply with these Terms, and you agree to be liable for all liabilities arising from such use. You agree to notify PeopleLink immediately of any unauthorized use of your password or your Administrator Account, or of any other breach of security. You are solely responsible for obtaining and maintaining all equipment and services needed for your User Accounts’ access and use of the PeopleLink Cloud / Hosted Service, renewals and for paying all charges related thereto. You are solely responsible for ensuring that each of your User Accounts receives a copy of or has access to these Terms of Use. Administrators must ensure their contact information is accurate and updated at all times.

2.4 User Account.

If you are an end-user of PeopleLink Cloud / Hosted Service, you are responsible for all activities conducted through your User Account. If you permit someone else to use your User Account, you must ensure that they comply with these Terms, and you agree to be liable for all liabilities arising from such use. You agree to notify PeopleLink immediately of any unauthorized use of your password or your User Account, or of any other breach of security.

2.5 Passwords.

Upon your registration for PeopleLink Cloud / Hosted Service, you will select a password and are fully responsible for any and all activities that occur under your password. You are responsible for maintaining the confidentiality of your password, and you agree to be liable for all liabilities resulting from any disclosure of your password. PeopleLink is not responsible for any loss or damage arising from your failure to provide us with accurate information, keep your password secure, or your failure to comply with this Section.

2.6 Reallocation and Deletion of User Accounts.

If a User Account has been allocated to a specific end-user for their individual use and that end-user leaves the Company, such User Account shall remain available in the Administrator Account and may be allocated to another end-user. You may delete such User Account from the Administrator Account rather than reallocate it to another end-user. If you choose to delete such User Account then you acknowledge that the traffic data (including call history) in respect of a User Account is only visible while that User Account exists and such traffic data will no longer be accessible to you once that User Account has been deleted. You are therefore responsible for retaining the traffic data records if you deem this necessary, before deleting the relevant User Account.

2.7 Mobile Services.

The Service includes certain Mobile Services: The Service includes certain services that are available via a mobile device, including

  • A). The ability to transmit and receive content to the Service via a mobile device.
  • B). The ability to browse the Service from a mobile device and
  • C). The ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).

 

To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. Use of the Service on mobile devices may require obtaining updates or upgrades from time to time. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that certain information about your usage of the Mobile Services may be communicated to us.

2.8 Recording.

You agree to comply, and require that your users comply, with all applicable laws, whether federal, state, local or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded video chat that the video chat is being recorded.

3. ELIGIBILITY

You affirm that You are of legal age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Although we cannot absolutely control whether minors gain unauthorized access to the Products, access may be terminated without warning if we believe that You are underage or otherwise ineligible.

4. CHARGES

You agree that PeopleLink may charge to Your credit card or other payment mechanism selected by You and approved by PeopleLink all amounts due and owing for the Products, including Product fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. PeopleLink may change prices at any time, including changing from a free service to a paid service and charging for Products that were previously offered free of charge; provided, however, that PeopleLink will provide You with prior notice and an opportunity to terminate Your Account if PeopleLink changes the price of a Product to which You are subscribed and will not charge you for a previously free Product unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event PeopleLink is unable to collect the fees owed to PeopleLink for the Products through Your Account, PeopleLink may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by PeopleLink in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that PeopleLink may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

5. LIMITATIONS ON USE.

The Products may be used for internal business or consumer purposes only. You will not reproduce, resell, or distribute the Products or any reports or data generated by the Products for any purpose unless You have been specifically permitted to do so under a separate agreement with PeopleLink. You will not offer or enable any third parties to use the Products purchased by You, display on any website or otherwise publish the Products or any Content obtained from a Product (other than Content created by You) or otherwise generate income from the Products or use the Products for the development, production or marketing of a service or product substantially similar to the Products. You shall not engage in any activity or use the Products in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Products, or any servers or networks connected to the Products or PeopleLink’s security systems.

6. PROPRIETARY RIGHTS.

PeopleLink and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Products and in all trade names, trademarks, service marks, logos, and domain names associated or displayed with the Products. You may not frame or utilize framing techniques to enclose any PeopleLink mark, or other proprietary information (including images, text, page layout, or form) of PeopleLink mark without express written consent. You may not use any meta tags or any other "hidden text" utilizing PeopleLink marks without PeopleLink’s express written consent.

7. COPYRIGHT.

You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. PeopleLink may deny access to the Products to any User who is alleged to infringe another party's copyright.

8.WARRANTY / LIMITATION OF LIABILITY.

PeopleLink warrants for one year (365 days) from the performance of any services by PeopleLink pursuant to these terms and conditions, excluding managed services, that such services shall be performed in a workmanlike manner consistent with generally accepted industry standards. PeopleLink makes no other warranty, either expresses or implied, including, but not limited to, any warranty of fitness for a particular purpose or of merchant ability. PeopleLink makes no warranty that operation of the PeopleLink product serviced will be uninterrupted or error free. In no event will PeopleLink be liable for any delay in furnishing services. Customer must report in writing any breach of this warranty to PeopleLink during the above warranty period, and customer’s exclusive remedy and PeopleLink’s entire liability for any breach of such warranty shall be to re-perform the services, or if PeopleLink is unable to re-perform the services as warranted, customer shall be entitled to recover the prorated fees paid to PeopleLink for the nonconforming services. In no event will either party be liable for incidental, consequential, special or indirect damages, lost business profits, or loss, damage or destruction of data, regardless of the form of action, whether in contract, tort (including negligence), breach of warranty or otherwise, even if such party has been advised as to the possibility of same.

9. PRIVACY.

Use of Products is also subject to PeopleLink's Privacy Policy. Additionally, You understand and agree that PeopleLink may contact You via e-mail or otherwise with information relevant to Your use of the Solutions, regardless of whether You have opted out of receiving such notices. You also agree to have Your name and/or email address listed in the header of certain communications You initiate through the Solution.

10. UPDATES TO THIS PEOPLELINK TERMS OF SERVICE

PeopleLink may update this Terms of Service document at any time, so please review it frequently. If we change our Terms & Conditions, we will post the revised version here, with an updated revision date. If we make significant changes to our Terms & Conditions, we may also notify you by other means prior to the changes taking effect, such as sending an email or posting a notice on our website.

11. REVISION

No Revisions Made Yet.

You expressly acknowledge that you have read these Terms & Conditions of Service and understand the rights, obligations, Terms and Conditions set forth herein.

PeopleLink MarComm