Additional Data Storage Charges has the meaning given to it in clause 3.7(b).
Agreement means a contract between Metavoxx and the Customer made up of an Order, these Terms and Conditions and any documents expressly referred to in either of them, and any amendments to that contract from time to time.
Business Days Mondays to Fridays, excluding English Bank and public holidays.
Call Charges means the variable charges that are payable by the Customer for telephone calls, details of which are either set out on the call charges page at https://metavoxx.com/legal/fairusage or, in the case of non-EU destinations, available from Metavoxx on request.
(i) the Subscription Charges;
(ii) the Call Charges;and
(iii) the Additional Data Storage Charges,or, as required by the context, either of them.
Customer means the person or entity identified as such in an Order
Customer Data means any data provided by the Customer to Metavoxx under the Agreement
Customer Personal Data means any Personal Data provided by the Customer to Metavoxx under the Agreement.
Confidential Information means any information disclosed by either party to the other party during the Term (whether in writing, orally or otherwise) that at the time of disclosure is either marked as "confidential" or should reasonably be understood by the receiving party to be confidential.
Data Controller has the meaning given to it in the Data Protection Legislation
Data Processor has the meaning given to it in the Data Protection Legislation.
Data Protection Legislation means:
(i) the EU Data Protection Directive (Directive 95/46/EC), the Data Protection Act 1998 and Electronic Communications (EC Directive) Regulations 2003;
(ii) with effect from 25th May 2018, the EU General Data Protection Regulation (Regulation (EU) 2016/679); and
(iii) any other data protection laws and regulations, orders and any codes of practice, guidelines and recommendations issued by the Information Commissioner’s Office or any replacement or equivalent body, as amended and in force from time to time.
Fair Usage Policy means the fair usage policy applicable to the Metavoxx Services which may be accessed at https://metavoxx.com/legal/fairusage
Force Majeure Event an event, or a series of related events, that is outside the reasonable control of the party affected, including: failures of the internet or any public telecommunications network; hacker attacks; denial of service attacks; virus or other malicious software attacks or infections; power failures; industrial disputes affecting any third party; changes to the law; disasters, explosions, fires, floods, riots, terrorist attacks and wars; failure of computer systems or infrastructure owned or managed by a party’s subcontractor or supplier
Intellectual Property Rights patents, rights in inventions, know how, show how and trade secrets, copyright and related rights, moral rights, registered designs, design rights, database rights, semiconductor topography rights, trade marks and service marks, trade names, business names, brand names, get up, logos, domain names and URLs, rights in unfair competition, goodwill and rights to sue for passing off and any other intellectual property rights (in each case, whether or not registered, and including all applications to register and rights to apply to register any of them and all rights to sue for any past or present infringement of them) and all rights or forms of protection having equivalent or similar effect in any jurisdiction.
Metavoxx Metavoxx Ltd, a company registered in England with number 09842734 and its registered office at 71-75 Shelton Street, London WC2H 9JQ.
Metavoxx Platform means Metavoxx’s proprietary web portal at www.metavoxx.net
Metavoxx Services means the video meeting, instant messaging, IP telephony, data storage and/or other telecommunications services to be provided by Metavoxx to the Customer, as specified in an Order.
Metavoxx SLA means the service level agreement (SLA) which may be accessed at https://metavoxx.com/legal/sla.html
Order means an order for the supply of Services that is submitted by the Customer via www.metavoxx.com and is accepted in writing by Metavoxx
Personal Data has the meaning given to it in the Data Protection Legislation.
Processing has the meaning given to it in the Data Protection Legislation.
Service Charges means the monthly service charge (which includes the variable charges for telephone calls) payable by the Customer for the Services as specified in an Order.
(i) the Metavoxx Services; and
(ii) the Support Services,
or, as required by the context, either of them.
Specification means the descriptions for the Metavoxx Services which may accessed at www.metavoxx.net.
Subscription Charges means the monthly subscription charge payable by the Customer for the Services as specified in an Order.
Support Services has the meaning given to in clause 4.1.
Term has the meaning given to it in clause 2.1.
(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision
Subject to cancellation by the Customer under clause 2.2 or earlier termination in accordance with clause 13, the Agreement will continue in force until either party gives to the other party thirty (30) days’ written notice of termination (the “Term”).
(a) sub-license, rent, lease, loan, or sell its right to access the Metavoxx Platform to any third party, or use the Metavoxx Services for the benefit of any third party; or
(b) not use the Metavoxx Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; or
(c) use or attempt to use any other person’s Metavoxx account; or
(d) send spam or other unwelcomed communications to others; or
(e) breach the intellectual property or other proprietary rights of Metavoxx or any third party; or
(f) upload to the Metavoxx Platform anything that contains software viruses, worms, or any other harmful code; or
(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Metavoxx Platform or any related technology, or any part thereof; or
(h) “scrape,” “crawl” or “spider” the Metavoxx Platform, whether by manual means or using automated software, devices, scripts robots; or
(i) interfere with the operation of, or place an unreasonable load on, the Metavoxx Platform, including by way of spam, denial of service attacks or viruses, or otherwise use the Metavoxx Platform in any way that causes, or may cause, damage to it.
If the Customer breaches of any of the conditions or restrictions set out in clauses 3.3 or 3.4, then Metavoxx may with immediate effect and without any obligation to provide notice:
(a) suspend the Customer’s access to the Metavoxx Platform and use of the Metavoxx Services; and/or
(b) terminate the Agreement.
The Customer acknowledges and agrees that:
(a) use of the Metavoxx Services is subject to the data storage limits set out out in the Fair Usage Policy; and
(b) if the Customer exceeds such data storage limits, Metavoxx is entitled to charge the Customer for such excess at the rates set out from time to time in the Fair Usage Policy (“Additional Data Storage Charges”) without prior notice to the Customer.