As a customer of Teleconferencing Services, LLC (TSI), you agree to accept the
following terms and conditions: Invoices will be considered past due if not
paid within thirty (30) days of the date of invoice. Past due invoices shall
be subject to late charges of 1.5% per month (or fraction thereof) of the past
due amount or the highest lawful rate, if lower. TSI warrants that the services
will function as represented in their functional or technical documents or user
manuals as applicable during the time that customer uses our services. Customer’s
sole and exclusive remedy in the event that TSI breaches this warranty will
be for TSI, at its option to repair, replace and / or re-perform the nonconforming
services or to credit to Customer any amounts invoiced for such nonconforming
services. TSI shall not have any liability to any party, including but not limited
to Customer, for the loss, delay or inaccuracy of any communication stored in
or transmitted by TSI or its suppliers’ equipment. TSI does not make any
representation or warranties, either express or implied (except as provided
herein), and hereby disclaim the implied warranties of merchantability and fitness
for a particular purpose. TSI’s total liability for any and all claims
arising under or related to providing its services to Customer, whether based
on contract, tort, equity or otherwise, shall not exceed Customer’s average
conference invoice for the prior year.