Zoom International Terms of Service apply to the use of products or services provided by Zoom International to the person or entity identified in a valid and binding Sales Order (the “Customer”) and are an integral part of the agreement between Zoom International and Customer. By ordering, purchasing or using the Services, Customer agrees to be bound by these Terms, which among other things, require mandatory arbitration of disputes instead of a jury trial and limit Zoom International’s liability.
All prices are subject to change without notice.
Customer Termination of Services
Customer may terminate specified Service(s) after the applicable Service Date by written notice of termination of services not less than sixty (60) days prior to the expiration of renewal service term to Zoom International. Notwithstanding notice by a Party to terminate this Agreement, Services with a remaining Service Term will remain in effect through the applicable Service Term and the terms and conditions of this Agreement will continue to apply to such Services. Upon termination of the applicable Service Term, Zoom International will not be obligated to furnish the Services to Customer; provided, however, if Zoom International continues to provide Services and Customer accepts and continues to use the Services after termination of the Service Term, such use shall be on a month-to-month basis and Customer shall be obligated to pay for such Services at then-current monthly rates for such Services.
Early Termination Fees and Charges
Customer shall pay Zoom International a termination charge equal to the sum of: (i) all unpaid amounts for Service actually provided; (ii) 100% of the remaining monthly recurring charges for months 1-12 of the Initial Service Term; (iii) if not recovered by the foregoing, any termination liability payable to third parties resulting from the termination and (iv) applicable Taxes and Fees on all of the foregoing. (v) fees for porting out phone numbers.
LIMITATION OF LIABILITY
A. Excluded damages
To the fullest extent permitted by law, in no event will either party or its affiliates be liable for (1) indirect, incidental, consequential, exemplary, reputational, special or punitive damages of any kind; (2) costs of procurement, cover, or substitute goods or services; (3) loss of use, loss or corruption of data; or (4) loss of business opportunities, profits, goodwill, or savings, whether in any of the foregoing, arising under contract, warranty, tort (including negligence or strict liability), or any other theory of liability, even if such party has been informed in advance of such damages or such damages could have been reasonably foreseen. Neither party will be liable for actions reasonably taken to comply with law.
B. Direct damages
Limitations under this section (direct damages) will not apply to: i) customer payment obligations; ii) either party’s liability for infringement of the other party’s ip rights; iii) either party’s liability resulting from gross negligence, fraud, or willful or criminal misconduct; or iv) customer’s liability resulting from use of the services in breach of the acceptable use policy or emergency services policy.
Nothing in this agreement shall limit or exclude any liability which may not be restricted, limited or excluded pursuant to applicable law.
By signing this Agreement, Customer (a) accepts this agreement and agrees that Customer is legally bound by its terms; and (b) represents and warrant that: (i) its representative is 18 years of age or of legal age to enter into a binding agreement; and (ii) has the right, power, and authority to enter into this agreement on behalf of the corporation, organization, or other legal entity, and to bind such organization to these terms. If Customer does not agree to the terms of this agreement, neither Customer nor its End Users may not download, install, or use the services or equipment.