GENERAL TERMS AND CONDITIONS

IMPORTANT- READ CAREFULLY:

CUSTOMER'S USE OF THIS WEBSITE AND THE SERVICES ARE CONDITIONED UPON CUSTOMER'S COMPLIANCE AND ACCEPTANCE OF THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES. CUSTOMER IS ENCOURAGED TO PRINT OR DOWNLOAD THESE TERMS AND CONDITIONS AND SAVE THEM FOR CUSTOMER'S RECORDS.

This Agreement (the "Agreement") is between the individual or legal entity using, purchasing or opening an account for DoComm Services ("Customer")  provided by Dorado Professional Service LLC (“DPS”) the entity which invoices Customer for the DoComm Services unless otherwise specified either in this document or within the service description. Dorado Professional Services, LLC may at times, and its sole discretion, act as an “Agent” to fulfill certain services.  Please read this General Term and Conditions Agreement carefully before installing, accessing, or otherwise using the services provided by or through Dorado Professional Service. By installing, accessing, or otherwise using DoComm Services, Customer agrees to be bound by this Agreement. Please maintain a copy for Customer's records. If Customer does not agree with the terms of this Agreement, do not use the Services.

1.  ACCEPTANCE OF THIS AGREEMENT

You will have accepted this Agreement and be bound by its terms if you use the Service(s) or otherwise indicate your affirmative acceptance of such terms by your use of the Services.

2.  Service Description               

This Agreement governs the purchase and use of audio, video and web conferencing services and related products and services of under the DoComm Service Offerings, provided through Dorado Professional Services DPS and any  third party providers ("Third Party Providers"), which will be referred to DPS collectively as the "DoComm Services" or  “Services”. DPS may alter, expand, or reduce the features of the Services from time to time without notice to Customer. Customer agrees that DPS obligation to provide Services is conditioned upon Customer providing all information and assistance reasonably required to perform the Services and Customer hereby agrees to timely provide all such information and assistance. DPS reserves the right to reclaim any dial-in numbers at any time. Customer acknowledges that not all Services can be guaranteed from all locations including, but not limited to via mobile telephones, pay phones or satellite phones due to various carrier or other restrictions.

3.  Term

The term of this Agreement will be either month-to-month or for the term specified for the Service or Bundled Service plan you select (the "Term"). The Term begins when you accept this Agreement and ends when you or we terminate this Agreement as permitted herein. For usage based services, unless otherwise stated in the service description, there will be no terms for the client.

Services which do call out terms, such as licensed seats, (by way of example), will come with minimal terms which will be listed in the service description for the applicable service.

Plans with Minimum Terms.  If you choose a Service or Bundled Services plan with a minimum term commitment, you agree to maintain your Service for the term of that plan (a "Term Plan"). For Broadband Services, your Term Plan begins on the later of: (a) the date you change your existing Broadband Service plan to a Term Plan; or (b) your Service Ready Date; for Bundled Services, your Term Plan begins once all Bundled Services have been provisioned. You will begin receiving any discount associated with a Bundled Services plan once all Bundled Services have been provisioned. At the end of any Term Plan you may be given the option to select a new Term Plan. If you do not select a new Term Plan, your Service will automatically convert to a month-to-month Service plan at a monthly fee that may be higher than your current rate. If you select a new Term Plan, the terms of that plan will apply

4. CHARGES AND BILLINGS

DPS will invoice Customer electronically free of charge or via paper invoice for a fee. Customer agrees to make payment for all Services upon receipt of invoice Customer must notify DPS of any disputed charges within thirty (30) days from the date of the invoice, otherwise Customer will be deemed to agree to such charges and DPS will not be subject to making adjustments to charges or invoices. Customer acknowledges and agrees that: unless indicated otherwise, Services are charged by multiplying all inbound or outbound legs of all conferences by the applicable per minute rate.   Customer may obtain DPS Standard Rates through Customer's Account Specialist or in some cases through Customer's web account. For Customers using the multimedia minute product, in order to obtain the blended multimedia rate for each leg of the conference, any meeting participant who dials into the call (rather than having the meeting call out to them) must have their audio and web connections synchronized during the meeting. Failure to do so will result in that leg being charged both an audio and a web usage rate at customer's applicable charges for such services. Web Conferencing---should be added to the Audio description above. As well as messaging and streaming. Content storage will be billed on a per file and per gig a bit basis.

DPS reserves the right to add additional services to this section as it releases said services.

Taxes, Fees and Surcharges  In addition to the rates for the Services, Customer shall pay all applicable fees, duties, tolls, administrative assessments, surcharges, or taxes now or hereafter attributable to the Services and included on Customer's invoice.

5. Price Changes

Customer acknowledges and agrees that standard rates are subject to change at any time with a 30 day electronic notice to the main contact and accounts payable department of the Customer posting new standard rates. 

6.  Unpaid Charges

In the event charges due are not timely paid in full for any reason, DPS shall have the right to suspend all or any portion of the Services until such time as all charges and applicable interest amounts and/or late fees have been paid.  YOU WILL BE ASSESSED A LATE FEE OF 10% PER MONTH FOR ANY PAYMENT AMOUNT THAT HAS NOT BEEN PAID IN FULL AFTER 20 DAYS FROM THE DATE THE INVOICE WAS SENT.   In addition, if any outstanding invoice has not been paid in full within 30 days of the date due, service may be terminated.  Add in the increase in rate…Following such payment, DPS may reinstate Services only upon satisfactory assurance of Customer's ability to pay for Services, including modified payment terms such as prepayment and/or accelerated invoicing. Such suspension shall not relieve Customer of any payment liability. Customer agrees to reimburse DPS for any costs, expenses, or fees expended by DPS in connection with any collection efforts against Customer, including reasonable internal and outside attorneys' fees.

 Reconnection Fees and Related Charges. If you resume Service(s) after any suspension, we may require you to pay a reconnection fee.  These fees are in addition to all past due charges and other fees. Reconnection of the Service(s) is subject to our credit policies, this Agreement and applicable law.

7.  Customer Responsibility

Customer is responsible for maintaining the confidentiality of Customer's accounts, owner numbers, conference codes, passwords and personal identification numbers used in conjunction with the Services and for all uses of the Services in association with Customer's accounts whether or not authorized by Customer. DPS does not sell products or services for children. Customer will not allow children under 18 to use the Services without the involvement of a parent or guardian. Customer agrees to immediately notify DPS of any unauthorized use of Customer's account of which Customer become aware.  Customer is the sole owner of content and solely responsible for the content of all communications (visual, written or audible) using Customer's accounts. Customer shall comply with all laws while using the Services; shall not transmit any communication that violates any law, court order, or regulation; shall not violate any third party rights in using the Services; and shall not use the Services in any way that damages DPS property or interferes with or disrupts DPS system or other users. Although DPS is not responsible for any such communications, DPS may suspend any such communications of which DPS is made aware. Use of conference recording or taping any use of the Services by Customer may subject Customer to laws or regulations and Customer is solely responsible for and obligated to provide any required notification to participants prior to commencement of said conference. Customer acknowledges and agrees that DPS has not and is not expected to provide Customer with any analysis, interpretation or advice regarding Customer's compliance with the above and does not control Customer's content nor guarantee the accuracy, integrity, security or quality of Customer's content.

8.   Privacy and Data Use

The information DPS holds about Customer will be used to provide the Services and for identification, account administration, analysis and fraud/loss prevention purposes. Each party will comply with all applicable personal data protection and privacy laws where such party is located (the "Data Protection Laws"). The parties acknowledge and agree that: (i) DPS may have access to personal data under the Data Protection Laws and will: (a) use it solely for the purpose of providing the Services; (b) process it only in accordance with Customer's instructions; and (c) take appropriate technical and organizational measures to prevent unauthorized or unlawful processing, accidental loss, destruction or damage to it; (ii) personal data may be processed by DPS and its affiliates throughout the world; and (iii) Customer is the data controller and retains full responsibility for the data processed on its behalf by DPS/DoComm acting as data processor. More details about how that information is used can be found in DPS privacy policy which governs Customer's visit to DPS Website and use of the Services. Copies are also available from us by post, by contacting customer service.

9.  Indemnification

Customer shall indemnify, defend and hold DPS, its suppliers, their affiliates and their officers, directors, employees (the "DPS Indemnities") harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorneys' fees, which arise out of or relate to: (1) Customer's use of the Services (including without limitation, any person accessing the Services using Customer's account); (2) any actual or alleged violation of this Agreement, any Order Form or any applicable law, rule or regulation by Customer or any person accessing the Services using Customer's account; (3) or any actual or alleged infringement or violation by Customer or any person accessing the Services using Customer's account of any intellectual property or privacy or other right of any person or entity.

10Limited Warranty

All services are provided "AS IS" and "WITH ALL FAULTS" and without any warranty. Customer understands and agrees that DPS's services and the website are provided "AS IS" and "AS AVAILABLE". DPS and its suppliers expressly disclaim 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. DPS makes no warranty or representation regarding any information, materials, goods or services obtained through DPS's services or websites, or that the services will meet any of customer's requirements, or be uninterrupted, timely, secure or error free.  Use of the services and website are at customer's sole risk. DPS is not liable for acts or omissions of other service providers, for information or content of communications, third party services, equipment failure or modification, or causes beyond DPS's reasonable control.

11.  Limitation of Liability

To the maximum extent permitted by applicable law, in no event will DPS, or its suppliers or their affiliates, be liable for any indirect, exemplary, special, punitive, consequential or incidental damages whatsoever or loss of goodwill, data or profits, or cost of cover arising out of, or resulting from the services, this agreement or any order form regardless of the legal theory of recovery, even if DPS has been advised of the possibility of such damages. Except for damages that are required by law to be paid, customer agrees that all damages are excluded except for the direct damages that are actually incurred by customer in reasonable reliance, up to the lesser of the amount of a refund of the price that customer actually paid for the services during the three (3) months immediately preceding the filing of such claim regardless of the form of action or claim (e.g., contract, warranty, tort, strict liability, negligence, fraud, or other legal theory) or one thousand dollars (us$1,000).

12.  Confidentiality

DPS and Customer agree to use commercially reasonable efforts to protect from unauthorized disclosure Confidential Information of the other party. Confidential Information shall mean information that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use and marked as Confidential ("Confidential Information"). The parties agree that Confidential Information may be disclosed to employees, affiliates, suppliers or advisors on a need-to-know basis and who agree to be bound by confidentiality terms and conditions at least as stringent as those herein. This confidentiality obligation shall not apply to any information (i) independently developed by a party, (ii) generally available to the public other than by a party's breach of this Agreement, (iii) already known by a party at time of disclosure to that party, or (iv) rightfully received from a third party without restriction on disclosure or an obligation of confidentiality running directly or indirectly to the other party. Nothing shall prevent or prohibit the receiving party from providing access to Confidential Information as may be required by law, rule or regulation. Notwithstanding the foregoing, the parties acknowledge that Recipient shall not be required to return to Discloser or destroy those copies of Information residing on Recipient's backup; disaster recovery or business continuity systems and the obligations hereunder with respect to such Information shall survive until such Information is destroyed.

13.  Governmental Agencies

Use of the Services by the United States Government or other governmental agencies shall be as "restricted computer software" or "limited rights data" as set forth in 48 CFR 52.227-14, or as "commercial computer software" or "commercial computer software documentation" under DFARS 252.227-7202, or under such other similar applicable terms and conditions to prevent the transfer of rights in and to the technology to the government or such agency other than under normal commercial licensing terms and conditions.

14.  Message Delivery Services

If Customer uses Services to send fax, email, phone, text, SMS, or other messages ("Messages") to any recipients (the "Recipients") as a condition for using such Services, Customer represents and warrants that a) that Customer will not make any automated outdials to induce the purchase of goods or services or to solicit a charitable contribution; and (b) Customer has the legal right to send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the content timing and purpose of all Messages, campaigns and programs are in compliance with all applicable laws, rules and regulations including those with respect to timing, content, do not call lists and: the following laws of the United Sates: TCPA 47 USC 227; CANSPAM Pub. L. No. 108-187; and TSR 16 CFR 310; the following laws of Canada: the Canadian Radio-television and Telecommunications Commission concerning telemarketing and unsolicited faxes, Personal Information Protection and Electronic Documents Act; and from the following laws of the United Kingdom: the UK Privacy and Electronic Communications Regulations 2003. Customer further acknowledges that Customer is the sender of all Messages and DPS is acting at Customer's direction as the broadcaster of the Messages. DPS does not provide content and Customer shall be solely responsible for all content of the Messages and for providing any list of names, numbers or addresses for DPS to utilize in sending Messages.

15.  Enforceability/Waiver

If any part of this Agreement is determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation of risk(s), and the remainder of the Agreement will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. DPS’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless agreed to by DPS in a non-electronic writing manually signed by a duly authorized representative of DPS. If there is any law, rule, regulation or policy that causes DPS to be regulated or that causes the Agreement or Services to be in conflict with such law, rule, regulation or policy, DPS may terminate or modify the affected Services without liability.

16.  Miscellaneous

Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. Customer acknowledges that DPS is an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This Agreement is for the sole benefit of DPS and its affiliates and Customer and is not intended to, nor shall it be construed to, create any right or confer any benefit on any other party. The parties do not intend that this Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to this Agreement. The parties confirm that they wish to have this Agreement written in English only.  Customer authorizes DPS's monitoring including recording of calls for the purposes of quality assurance and Customer further consent to DPS's use of automatic dialing equipment to contact Customer. DPS's performance of the Services is subject to existing laws and legal process, and nothing contained in this Agreement or any Order Form is in derogation of DPS's right to comply with governmental, judicial and law enforcement requests or requirements relating to Customer's use of DPS's Website, the Services or information provided to or gathered by DPS with respect to such use. Customer may not assign this Agreement or any Order Form to any other person or entity without DPS's prior written approval, but nothing restricts DPS's ability to assign this Agreement or any Order Form or subcontract the Services hereunder.

17.  Force Majeure

DPS will not be responsible for delays and/or defaults in its performance due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing; acts of terrorism, wars, hostilities, revolutions, riots, civil commotion, national emergency, fire or explosion, flood, force of nature, embargoes, accidents, acts of God, or stability or availability of the Internet, the elements; telecommunication system failure; technology attacks, epidemic; quarantine; viruses; strike; lockouts; disputes with workmen or their labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; acts or request of any governmental authority; or any other cause beyond DPS's control, whether or not similar to the foregoing.

18.  Entire Agreement

This Agreement in addition to Order Forms, if any, executed by the parties (each an "Order Form") constitute the entire agreement between DPS and Customer with respect to the Services and supersedes all prior or contemporaneous communications and proposals, representations, promises, or agreements, whether electronic, oral, or non-electronic, between DPS and Customer regarding them. Customer agrees that any terms or conditions contained in any document, including but not limited to a purchase order, acknowledgement, email, or other document that Customer may now or later provide to DPS, will have no effect and that this Agreement is the only contract between DPS and Customer regarding the Services and may only be amended as set forth herein. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. A printed version of this Agreement and of any notice given to Customer in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in electronic form.

19.  Notices

Notices from DPS to Customer under this Agreement may be sent by mail, email, fax or other electronic media and will be considered given upon delivery to the physical address, fax number, email address or other contact information provided by Customer for billing or account management purposes. Notices to DPS must be sent to the address mentioned in DPS's invoice to Customer.  Email: legal@dproservices.com. All notices shall be in English.

20.  Modification

DPS may, at any time, amend the provisions of this Agreement. Any amendment proposed by Customer may only be accepted by DPS in a non-electronic writing manually signed by authorized representatives of the parties. Notwithstanding anything in this Section to the contrary, if DPS posts amended terms on its Website, such terms will automatically become effective ten (10) days after they are posted on the Website. By using the Services after such revised terms are posted, Customer agrees to be bound by any such amended provisions. Therefore, Customer agrees to periodically visit the Website to examine the then-current Agreement.

GENERAL TERMS AND CONDITIONS

IMPORTANT- READ CAREFULLY:

CUSTOMER'S USE OF THIS WEBSITE AND THE SERVICES ARE CONDITIONED UPON CUSTOMER'S COMPLIANCE AND ACCEPTANCE OF THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES. CUSTOMER IS ENCOURAGED TO PRINT OR DOWNLOAD THESE TERMS AND CONDITIONS AND SAVE THEM FOR CUSTOMER'S RECORDS.

This Agreement (the "Agreement") is between the individual or legal entity using, purchasing or opening an account for DoComm Services ("Customer")  provided by Dorado Professional Service LLC (“DPS”) the entity which invoices Customer for the DoComm Services unless otherwise specified either in this document or within the service description. Dorado Professional Services, LLC may at times, and its sole discretion, act as an “Agent” to fulfill certain services.  Please read this General Term and Conditions Agreement carefully before installing, accessing, or otherwise using the services provided by or through Dorado Professional Service. By installing, accessing, or otherwise using DoComm Services, Customer agrees to be bound by this Agreement. Please maintain a copy for Customer's records. If Customer does not agree with the terms of this Agreement, do not use the Services.

1.  ACCEPTANCE OF THIS AGREEMENT

You will have accepted this Agreement and be bound by its terms if you use the Service(s) or otherwise indicate your affirmative acceptance of such terms by your use of the Services.

2.  Service Description               

This Agreement governs the purchase and use of audio, video and web conferencing services and related products and services of under the DoComm Service Offerings, provided through Dorado Professional Services DPS and any  third party providers ("Third Party Providers"), which will be referred to DPS collectively as the "DoComm Services" or  “Services”. DPS may alter, expand, or reduce the features of the Services from time to time without notice to Customer. Customer agrees that DPS obligation to provide Services is conditioned upon Customer providing all information and assistance reasonably required to perform the Services and Customer hereby agrees to timely provide all such information and assistance. DPS reserves the right to reclaim any dial-in numbers at any time. Customer acknowledges that not all Services can be guaranteed from all locations including, but not limited to via mobile telephones, pay phones or satellite phones due to various carrier or other restrictions.

3.  Term

The term of this Agreement will be either month-to-month or for the term specified for the Service or Bundled Service plan you select (the "Term"). The Term begins when you accept this Agreement and ends when you or we terminate this Agreement as permitted herein. For usage based services, unless otherwise stated in the service description, there will be no terms for the client.

Services which do call out terms, such as licensed seats, (by way of example), will come with minimal terms which will be listed in the service description for the applicable service.

Plans with Minimum Terms.  If you choose a Service or Bundled Services plan with a minimum term commitment, you agree to maintain your Service for the term of that plan (a "Term Plan"). For Broadband Services, your Term Plan begins on the later of: (a) the date you change your existing Broadband Service plan to a Term Plan; or (b) your Service Ready Date; for Bundled Services, your Term Plan begins once all Bundled Services have been provisioned. You will begin receiving any discount associated with a Bundled Services plan once all Bundled Services have been provisioned. At the end of any Term Plan you may be given the option to select a new Term Plan. If you do not select a new Term Plan, your Service will automatically convert to a month-to-month Service plan at a monthly fee that may be higher than your current rate. If you select a new Term Plan, the terms of that plan will apply

4. CHARGES AND BILLINGS

DPS will invoice Customer electronically free of charge or via paper invoice for a fee. Customer agrees to make payment for all Services upon receipt of invoice Customer must notify DPS of any disputed charges within thirty (30) days from the date of the invoice, otherwise Customer will be deemed to agree to such charges and DPS will not be subject to making adjustments to charges or invoices. Customer acknowledges and agrees that: unless indicated otherwise, Services are charged by multiplying all inbound or outbound legs of all conferences by the applicable per minute rate.   Customer may obtain DPS Standard Rates through Customer's Account Specialist or in some cases through Customer's web account. For Customers using the multimedia minute product, in order to obtain the blended multimedia rate for each leg of the conference, any meeting participant who dials into the call (rather than having the meeting call out to them) must have their audio and web connections synchronized during the meeting. Failure to do so will result in that leg being charged both an audio and a web usage rate at customer's applicable charges for such services. Web Conferencing---should be added to the Audio description above. As well as messaging and streaming. Content storage will be billed on a per file and per gig a bit basis.

DPS reserves the right to add additional services to this section as it releases said services.

Taxes, Fees and Surcharges  In addition to the rates for the Services, Customer shall pay all applicable fees, duties, tolls, administrative assessments, surcharges, or taxes now or hereafter attributable to the Services and included on Customer's invoice.

5. Price Changes

Customer acknowledges and agrees that standard rates are subject to change at any time with a 30 day electronic notice to the main contact and accounts payable department of the Customer posting new standard rates. 

6.  Unpaid Charges

In the event charges due are not timely paid in full for any reason, DPS shall have the right to suspend all or any portion of the Services until such time as all charges and applicable interest amounts and/or late fees have been paid.  YOU WILL BE ASSESSED A LATE FEE OF 10% PER MONTH FOR ANY PAYMENT AMOUNT THAT HAS NOT BEEN PAID IN FULL AFTER 20 DAYS FROM THE DATE THE INVOICE WAS SENT.   In addition, if any outstanding invoice has not been paid in full within 30 days of the date due, service may be terminated.  Add in the increase in rate…Following such payment, DPS may reinstate Services only upon satisfactory assurance of Customer's ability to pay for Services, including modified payment terms such as prepayment and/or accelerated invoicing. Such suspension shall not relieve Customer of any payment liability. Customer agrees to reimburse DPS for any costs, expenses, or fees expended by DPS in connection with any collection efforts against Customer, including reasonable internal and outside attorneys' fees.

 Reconnection Fees and Related Charges. If you resume Service(s) after any suspension, we may require you to pay a reconnection fee.  These fees are in addition to all past due charges and other fees. Reconnection of the Service(s) is subject to our credit policies, this Agreement and applicable law.

7.  Customer Responsibility

Customer is responsible for maintaining the confidentiality of Customer's accounts, owner numbers, conference codes, passwords and personal identification numbers used in conjunction with the Services and for all uses of the Services in association with Customer's accounts whether or not authorized by Customer. DPS does not sell products or services for children. Customer will not allow children under 18 to use the Services without the involvement of a parent or guardian. Customer agrees to immediately notify DPS of any unauthorized use of Customer's account of which Customer become aware.  Customer is the sole owner of content and solely responsible for the content of all communications (visual, written or audible) using Customer's accounts. Customer shall comply with all laws while using the Services; shall not transmit any communication that violates any law, court order, or regulation; shall not violate any third party rights in using the Services; and shall not use the Services in any way that damages DPS property or interferes with or disrupts DPS system or other users. Although DPS is not responsible for any such communications, DPS may suspend any such communications of which DPS is made aware. Use of conference recording or taping any use of the Services by Customer may subject Customer to laws or regulations and Customer is solely responsible for and obligated to provide any required notification to participants prior to commencement of said conference. Customer acknowledges and agrees that DPS has not and is not expected to provide Customer with any analysis, interpretation or advice regarding Customer's compliance with the above and does not control Customer's content nor guarantee the accuracy, integrity, security or quality of Customer's content.

8.   Privacy and Data Use

The information DPS holds about Customer will be used to provide the Services and for identification, account administration, analysis and fraud/loss prevention purposes. Each party will comply with all applicable personal data protection and privacy laws where such party is located (the "Data Protection Laws"). The parties acknowledge and agree that: (i) DPS may have access to personal data under the Data Protection Laws and will: (a) use it solely for the purpose of providing the Services; (b) process it only in accordance with Customer's instructions; and (c) take appropriate technical and organizational measures to prevent unauthorized or unlawful processing, accidental loss, destruction or damage to it; (ii) personal data may be processed by DPS and its affiliates throughout the world; and (iii) Customer is the data controller and retains full responsibility for the data processed on its behalf by DPS/DoComm acting as data processor. More details about how that information is used can be found in DPS privacy policy which governs Customer's visit to DPS Website and use of the Services. Copies are also available from us by post, by contacting customer service.

9.  Indemnification

Customer shall indemnify, defend and hold DPS, its suppliers, their affiliates and their officers, directors, employees (the "DPS Indemnities") harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorneys' fees, which arise out of or relate to: (1) Customer's use of the Services (including without limitation, any person accessing the Services using Customer's account); (2) any actual or alleged violation of this Agreement, any Order Form or any applicable law, rule or regulation by Customer or any person accessing the Services using Customer's account; (3) or any actual or alleged infringement or violation by Customer or any person accessing the Services using Customer's account of any intellectual property or privacy or other right of any person or entity.

10Limited Warranty

All services are provided "AS IS" and "WITH ALL FAULTS" and without any warranty. Customer understands and agrees that DPS's services and the website are provided "AS IS" and "AS AVAILABLE". DPS and its suppliers expressly disclaim 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. DPS makes no warranty or representation regarding any information, materials, goods or services obtained through DPS's services or websites, or that the services will meet any of customer's requirements, or be uninterrupted, timely, secure or error free.  Use of the services and website are at customer's sole risk. DPS is not liable for acts or omissions of other service providers, for information or content of communications, third party services, equipment failure or modification, or causes beyond DPS's reasonable control.

11.  Limitation of Liability

To the maximum extent permitted by applicable law, in no event will DPS, or its suppliers or their affiliates, be liable for any indirect, exemplary, special, punitive, consequential or incidental damages whatsoever or loss of goodwill, data or profits, or cost of cover arising out of, or resulting from the services, this agreement or any order form regardless of the legal theory of recovery, even if DPS has been advised of the possibility of such damages. Except for damages that are required by law to be paid, customer agrees that all damages are excluded except for the direct damages that are actually incurred by customer in reasonable reliance, up to the lesser of the amount of a refund of the price that customer actually paid for the services during the three (3) months immediately preceding the filing of such claim regardless of the form of action or claim (e.g., contract, warranty, tort, strict liability, negligence, fraud, or other legal theory) or one thousand dollars (us$1,000).

12.  Confidentiality

DPS and Customer agree to use commercially reasonable efforts to protect from unauthorized disclosure Confidential Information of the other party. Confidential Information shall mean information that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use and marked as Confidential ("Confidential Information"). The parties agree that Confidential Information may be disclosed to employees, affiliates, suppliers or advisors on a need-to-know basis and who agree to be bound by confidentiality terms and conditions at least as stringent as those herein. This confidentiality obligation shall not apply to any information (i) independently developed by a party, (ii) generally available to the public other than by a party's breach of this Agreement, (iii) already known by a party at time of disclosure to that party, or (iv) rightfully received from a third party without restriction on disclosure or an obligation of confidentiality running directly or indirectly to the other party. Nothing shall prevent or prohibit the receiving party from providing access to Confidential Information as may be required by law, rule or regulation. Notwithstanding the foregoing, the parties acknowledge that Recipient shall not be required to return to Discloser or destroy those copies of Information residing on Recipient's backup; disaster recovery or business continuity systems and the obligations hereunder with respect to such Information shall survive until such Information is destroyed.

13.  Governmental Agencies

Use of the Services by the United States Government or other governmental agencies shall be as "restricted computer software" or "limited rights data" as set forth in 48 CFR 52.227-14, or as "commercial computer software" or "commercial computer software documentation" under DFARS 252.227-7202, or under such other similar applicable terms and conditions to prevent the transfer of rights in and to the technology to the government or such agency other than under normal commercial licensing terms and conditions.

14.  Message Delivery Services

If Customer uses Services to send fax, email, phone, text, SMS, or other messages ("Messages") to any recipients (the "Recipients") as a condition for using such Services, Customer represents and warrants that a) that Customer will not make any automated outdials to induce the purchase of goods or services or to solicit a charitable contribution; and (b) Customer has the legal right to send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the content timing and purpose of all Messages, campaigns and programs are in compliance with all applicable laws, rules and regulations including those with respect to timing, content, do not call lists and: the following laws of the United Sates: TCPA 47 USC 227; CANSPAM Pub. L. No. 108-187; and TSR 16 CFR 310; the following laws of Canada: the Canadian Radio-television and Telecommunications Commission concerning telemarketing and unsolicited faxes, Personal Information Protection and Electronic Documents Act; and from the following laws of the United Kingdom: the UK Privacy and Electronic Communications Regulations 2003. Customer further acknowledges that Customer is the sender of all Messages and DPS is acting at Customer's direction as the broadcaster of the Messages. DPS does not provide content and Customer shall be solely responsible for all content of the Messages and for providing any list of names, numbers or addresses for DPS to utilize in sending Messages.

15.  Enforceability/Waiver

If any part of this Agreement is determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation of risk(s), and the remainder of the Agreement will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. DPS’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless agreed to by DPS in a non-electronic writing manually signed by a duly authorized representative of DPS. If there is any law, rule, regulation or policy that causes DPS to be regulated or that causes the Agreement or Services to be in conflict with such law, rule, regulation or policy, DPS may terminate or modify the affected Services without liability.

16.  Miscellaneous

Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. Customer acknowledges that DPS is an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This Agreement is for the sole benefit of DPS and its affiliates and Customer and is not intended to, nor shall it be construed to, create any right or confer any benefit on any other party. The parties do not intend that this Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to this Agreement. The parties confirm that they wish to have this Agreement written in English only.  Customer authorizes DPS's monitoring including recording of calls for the purposes of quality assurance and Customer further consent to DPS's use of automatic dialing equipment to contact Customer. DPS's performance of the Services is subject to existing laws and legal process, and nothing contained in this Agreement or any Order Form is in derogation of DPS's right to comply with governmental, judicial and law enforcement requests or requirements relating to Customer's use of DPS's Website, the Services or information provided to or gathered by DPS with respect to such use. Customer may not assign this Agreement or any Order Form to any other person or entity without DPS's prior written approval, but nothing restricts DPS's ability to assign this Agreement or any Order Form or subcontract the Services hereunder.

17.  Force Majeure

DPS will not be responsible for delays and/or defaults in its performance due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing; acts of terrorism, wars, hostilities, revolutions, riots, civil commotion, national emergency, fire or explosion, flood, force of nature, embargoes, accidents, acts of God, or stability or availability of the Internet, the elements; telecommunication system failure; technology attacks, epidemic; quarantine; viruses; strike; lockouts; disputes with workmen or their labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; acts or request of any governmental authority; or any other cause beyond DPS's control, whether or not similar to the foregoing.

18.  Entire Agreement

This Agreement in addition to Order Forms, if any, executed by the parties (each an "Order Form") constitute the entire agreement between DPS and Customer with respect to the Services and supersedes all prior or contemporaneous communications and proposals, representations, promises, or agreements, whether electronic, oral, or non-electronic, between DPS and Customer regarding them. Customer agrees that any terms or conditions contained in any document, including but not limited to a purchase order, acknowledgement, email, or other document that Customer may now or later provide to DPS, will have no effect and that this Agreement is the only contract between DPS and Customer regarding the Services and may only be amended as set forth herein. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. A printed version of this Agreement and of any notice given to Customer in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in electronic form.

19.  Notices

Notices from DPS to Customer under this Agreement may be sent by mail, email, fax or other electronic media and will be considered given upon delivery to the physical address, fax number, email address or other contact information provided by Customer for billing or account management purposes. Notices to DPS must be sent to the address mentioned in DPS's invoice to Customer.  Email: legal@dproservices.com. All notices shall be in English.

20.  Modification

DPS may, at any time, amend the provisions of this Agreement. Any amendment proposed by Customer may only be accepted by DPS in a non-electronic writing manually signed by authorized representatives of the parties. Notwithstanding anything in this Section to the contrary, if DPS posts amended terms on its Website, such terms will automatically become effective ten (10) days after they are posted on the Website. By using the Services after such revised terms are posted, Customer agrees to be bound by any such amended provisions. Therefore, Customer agrees to periodically visit the Website to examine the then-current Agreement.


GENERAL TERMS AND CONDITIONS

IMPORTANT- READ CAREFULLY:

CUSTOMER'S USE OF THIS WEBSITE AND THE SERVICES ARE CONDITIONED UPON CUSTOMER'S COMPLIANCE AND ACCEPTANCE OF THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES. CUSTOMER IS ENCOURAGED TO PRINT OR DOWNLOAD THESE TERMS AND CONDITIONS AND SAVE THEM FOR CUSTOMER'S RECORDS.

This Agreement (the "Agreement") is between the individual or legal entity using, purchasing or opening an account for DoComm Services ("Customer")  provided by Dorado Professional Service LLC (“DPS”) the entity which invoices Customer for the DoComm Services unless otherwise specified either in this document or within the service description. Dorado Professional Services, LLC may at times, and its sole discretion, act as an “Agent” to fulfill certain services.  Please read this General Term and Conditions Agreement carefully before installing, accessing, or otherwise using the services provided by or through Dorado Professional Service. By installing, accessing, or otherwise using DoComm Services, Customer agrees to be bound by this Agreement. Please maintain a copy for Customer's records. If Customer does not agree with the terms of this Agreement, do not use the Services.

1.  ACCEPTANCE OF THIS AGREEMENT

You will have accepted this Agreement and be bound by its terms if you use the Service(s) or otherwise indicate your affirmative acceptance of such terms by your use of the Services.

2.  Service Description               

This Agreement governs the purchase and use of audio, video and web conferencing services and related products and services of under the DoComm Service Offerings, provided through Dorado Professional Services DPS and any  third party providers ("Third Party Providers"), which will be referred to DPS collectively as the "DoComm Services" or  “Services”. DPS may alter, expand, or reduce the features of the Services from time to time without notice to Customer. Customer agrees that DPS obligation to provide Services is conditioned upon Customer providing all information and assistance reasonably required to perform the Services and Customer hereby agrees to timely provide all such information and assistance. DPS reserves the right to reclaim any dial-in numbers at any time. Customer acknowledges that not all Services can be guaranteed from all locations including, but not limited to via mobile telephones, pay phones or satellite phones due to various carrier or other restrictions.

3.  Term

The term of this Agreement will be either month-to-month or for the term specified for the Service or Bundled Service plan you select (the "Term"). The Term begins when you accept this Agreement and ends when you or we terminate this Agreement as permitted herein. For usage based services, unless otherwise stated in the service description, there will be no terms for the client.

Services which do call out terms, such as licensed seats, (by way of example), will come with minimal terms which will be listed in the service description for the applicable service.

Plans with Minimum Terms.  If you choose a Service or Bundled Services plan with a minimum term commitment, you agree to maintain your Service for the term of that plan (a "Term Plan"). For Broadband Services, your Term Plan begins on the later of: (a) the date you change your existing Broadband Service plan to a Term Plan; or (b) your Service Ready Date; for Bundled Services, your Term Plan begins once all Bundled Services have been provisioned. You will begin receiving any discount associated with a Bundled Services plan once all Bundled Services have been provisioned. At the end of any Term Plan you may be given the option to select a new Term Plan. If you do not select a new Term Plan, your Service will automatically convert to a month-to-month Service plan at a monthly fee that may be higher than your current rate. If you select a new Term Plan, the terms of that plan will apply

4. CHARGES AND BILLINGS

DPS will invoice Customer electronically free of charge or via paper invoice for a fee. Customer agrees to make payment for all Services upon receipt of invoice Customer must notify DPS of any disputed charges within thirty (30) days from the date of the invoice, otherwise Customer will be deemed to agree to such charges and DPS will not be subject to making adjustments to charges or invoices. Customer acknowledges and agrees that: unless indicated otherwise, Services are charged by multiplying all inbound or outbound legs of all conferences by the applicable per minute rate.   Customer may obtain DPS Standard Rates through Customer's Account Specialist or in some cases through Customer's web account. For Customers using the multimedia minute product, in order to obtain the blended multimedia rate for each leg of the conference, any meeting participant who dials into the call (rather than having the meeting call out to them) must have their audio and web connections synchronized during the meeting. Failure to do so will result in that leg being charged both an audio and a web usage rate at customer's applicable charges for such services. Web Conferencing---should be added to the Audio description above. As well as messaging and streaming. Content storage will be billed on a per file and per gig a bit basis.

DPS reserves the right to add additional services to this section as it releases said services.

Taxes, Fees and Surcharges  In addition to the rates for the Services, Customer shall pay all applicable fees, duties, tolls, administrative assessments, surcharges, or taxes now or hereafter attributable to the Services and included on Customer's invoice.

5. Price Changes

Customer acknowledges and agrees that standard rates are subject to change at any time with a 30 day electronic notice to the main contact and accounts payable department of the Customer posting new standard rates. 

6.  Unpaid Charges

In the event charges due are not timely paid in full for any reason, DPS shall have the right to suspend all or any portion of the Services until such time as all charges and applicable interest amounts and/or late fees have been paid.  YOU WILL BE ASSESSED A LATE FEE OF 10% PER MONTH FOR ANY PAYMENT AMOUNT THAT HAS NOT BEEN PAID IN FULL AFTER 20 DAYS FROM THE DATE THE INVOICE WAS SENT.   In addition, if any outstanding invoice has not been paid in full within 30 days of the date due, service may be terminated.  Add in the increase in rate…Following such payment, DPS may reinstate Services only upon satisfactory assurance of Customer's ability to pay for Services, including modified payment terms such as prepayment and/or accelerated invoicing. Such suspension shall not relieve Customer of any payment liability. Customer agrees to reimburse DPS for any costs, expenses, or fees expended by DPS in connection with any collection efforts against Customer, including reasonable internal and outside attorneys' fees.

 Reconnection Fees and Related Charges. If you resume Service(s) after any suspension, we may require you to pay a reconnection fee.  These fees are in addition to all past due charges and other fees. Reconnection of the Service(s) is subject to our credit policies, this Agreement and applicable law.

7.  Customer Responsibility

Customer is responsible for maintaining the confidentiality of Customer's accounts, owner numbers, conference codes, passwords and personal identification numbers used in conjunction with the Services and for all uses of the Services in association with Customer's accounts whether or not authorized by Customer. DPS does not sell products or services for children. Customer will not allow children under 18 to use the Services without the involvement of a parent or guardian. Customer agrees to immediately notify DPS of any unauthorized use of Customer's account of which Customer become aware.  Customer is the sole owner of content and solely responsible for the content of all communications (visual, written or audible) using Customer's accounts. Customer shall comply with all laws while using the Services; shall not transmit any communication that violates any law, court order, or regulation; shall not violate any third party rights in using the Services; and shall not use the Services in any way that damages DPS property or interferes with or disrupts DPS system or other users. Although DPS is not responsible for any such communications, DPS may suspend any such communications of which DPS is made aware. Use of conference recording or taping any use of the Services by Customer may subject Customer to laws or regulations and Customer is solely responsible for and obligated to provide any required notification to participants prior to commencement of said conference. Customer acknowledges and agrees that DPS has not and is not expected to provide Customer with any analysis, interpretation or advice regarding Customer's compliance with the above and does not control Customer's content nor guarantee the accuracy, integrity, security or quality of Customer's content.

8.   Privacy and Data Use

The information DPS holds about Customer will be used to provide the Services and for identification, account administration, analysis and fraud/loss prevention purposes. Each party will comply with all applicable personal data protection and privacy laws where such party is located (the "Data Protection Laws"). The parties acknowledge and agree that: (i) DPS may have access to personal data under the Data Protection Laws and will: (a) use it solely for the purpose of providing the Services; (b) process it only in accordance with Customer's instructions; and (c) take appropriate technical and organizational measures to prevent unauthorized or unlawful processing, accidental loss, destruction or damage to it; (ii) personal data may be processed by DPS and its affiliates throughout the world; and (iii) Customer is the data controller and retains full responsibility for the data processed on its behalf by DPS/DoComm acting as data processor. More details about how that information is used can be found in DPS privacy policy which governs Customer's visit to DPS Website and use of the Services. Copies are also available from us by post, by contacting customer service.

9.  Indemnification

Customer shall indemnify, defend and hold DPS, its suppliers, their affiliates and their officers, directors, employees (the "DPS Indemnities") harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorneys' fees, which arise out of or relate to: (1) Customer's use of the Services (including without limitation, any person accessing the Services using Customer's account); (2) any actual or alleged violation of this Agreement, any Order Form or any applicable law, rule or regulation by Customer or any person accessing the Services using Customer's account; (3) or any actual or alleged infringement or violation by Customer or any person accessing the Services using Customer's account of any intellectual property or privacy or other right of any person or entity.

10Limited Warranty

All services are provided "AS IS" and "WITH ALL FAULTS" and without any warranty. Customer understands and agrees that DPS's services and the website are provided "AS IS" and "AS AVAILABLE". DPS and its suppliers expressly disclaim 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. DPS makes no warranty or representation regarding any information, materials, goods or services obtained through DPS's services or websites, or that the services will meet any of customer's requirements, or be uninterrupted, timely, secure or error free.  Use of the services and website are at customer's sole risk. DPS is not liable for acts or omissions of other service providers, for information or content of communications, third party services, equipment failure or modification, or causes beyond DPS's reasonable control.

11.  Limitation of Liability

To the maximum extent permitted by applicable law, in no event will DPS, or its suppliers or their affiliates, be liable for any indirect, exemplary, special, punitive, consequential or incidental damages whatsoever or loss of goodwill, data or profits, or cost of cover arising out of, or resulting from the services, this agreement or any order form regardless of the legal theory of recovery, even if DPS has been advised of the possibility of such damages. Except for damages that are required by law to be paid, customer agrees that all damages are excluded except for the direct damages that are actually incurred by customer in reasonable reliance, up to the lesser of the amount of a refund of the price that customer actually paid for the services during the three (3) months immediately preceding the filing of such claim regardless of the form of action or claim (e.g., contract, warranty, tort, strict liability, negligence, fraud, or other legal theory) or one thousand dollars (us$1,000).

12.  Confidentiality

DPS and Customer agree to use commercially reasonable efforts to protect from unauthorized disclosure Confidential Information of the other party. Confidential Information shall mean information that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use and marked as Confidential ("Confidential Information"). The parties agree that Confidential Information may be disclosed to employees, affiliates, suppliers or advisors on a need-to-know basis and who agree to be bound by confidentiality terms and conditions at least as stringent as those herein. This confidentiality obligation shall not apply to any information (i) independently developed by a party, (ii) generally available to the public other than by a party's breach of this Agreement, (iii) already known by a party at time of disclosure to that party, or (iv) rightfully received from a third party without restriction on disclosure or an obligation of confidentiality running directly or indirectly to the other party. Nothing shall prevent or prohibit the receiving party from providing access to Confidential Information as may be required by law, rule or regulation. Notwithstanding the foregoing, the parties acknowledge that Recipient shall not be required to return to Discloser or destroy those copies of Information residing on Recipient's backup; disaster recovery or business continuity systems and the obligations hereunder with respect to such Information shall survive until such Information is destroyed.

13.  Governmental Agencies

Use of the Services by the United States Government or other governmental agencies shall be as "restricted computer software" or "limited rights data" as set forth in 48 CFR 52.227-14, or as "commercial computer software" or "commercial computer software documentation" under DFARS 252.227-7202, or under such other similar applicable terms and conditions to prevent the transfer of rights in and to the technology to the government or such agency other than under normal commercial licensing terms and conditions.

14.  Message Delivery Services

If Customer uses Services to send fax, email, phone, text, SMS, or other messages ("Messages") to any recipients (the "Recipients") as a condition for using such Services, Customer represents and warrants that a) that Customer will not make any automated outdials to induce the purchase of goods or services or to solicit a charitable contribution; and (b) Customer has the legal right to send all Messages to the Recipients (including obtaining any required consents from the Recipients) and the content timing and purpose of all Messages, campaigns and programs are in compliance with all applicable laws, rules and regulations including those with respect to timing, content, do not call lists and: the following laws of the United Sates: TCPA 47 USC 227; CANSPAM Pub. L. No. 108-187; and TSR 16 CFR 310; the following laws of Canada: the Canadian Radio-television and Telecommunications Commission concerning telemarketing and unsolicited faxes, Personal Information Protection and Electronic Documents Act; and from the following laws of the United Kingdom: the UK Privacy and Electronic Communications Regulations 2003. Customer further acknowledges that Customer is the sender of all Messages and DPS is acting at Customer's direction as the broadcaster of the Messages. DPS does not provide content and Customer shall be solely responsible for all content of the Messages and for providing any list of names, numbers or addresses for DPS to utilize in sending Messages.

15.  Enforceability/Waiver

If any part of this Agreement is determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the allocation of risk(s), and the remainder of the Agreement will continue in effect. If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. DPS’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless agreed to by DPS in a non-electronic writing manually signed by a duly authorized representative of DPS. If there is any law, rule, regulation or policy that causes DPS to be regulated or that causes the Agreement or Services to be in conflict with such law, rule, regulation or policy, DPS may terminate or modify the affected Services without liability.

16.  Miscellaneous

Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. Customer acknowledges that DPS is an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This Agreement is for the sole benefit of DPS and its affiliates and Customer and is not intended to, nor shall it be construed to, create any right or confer any benefit on any other party. The parties do not intend that this Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to this Agreement. The parties confirm that they wish to have this Agreement written in English only.  Customer authorizes DPS's monitoring including recording of calls for the purposes of quality assurance and Customer further consent to DPS's use of automatic dialing equipment to contact Customer. DPS's performance of the Services is subject to existing laws and legal process, and nothing contained in this Agreement or any Order Form is in derogation of DPS's right to comply with governmental, judicial and law enforcement requests or requirements relating to Customer's use of DPS's Website, the Services or information provided to or gathered by DPS with respect to such use. Customer may not assign this Agreement or any Order Form to any other person or entity without DPS's prior written approval, but nothing restricts DPS's ability to assign this Agreement or any Order Form or subcontract the Services hereunder.

17.  Force Majeure

DPS will not be responsible for delays and/or defaults in its performance due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing; acts of terrorism, wars, hostilities, revolutions, riots, civil commotion, national emergency, fire or explosion, flood, force of nature, embargoes, accidents, acts of God, or stability or availability of the Internet, the elements; telecommunication system failure; technology attacks, epidemic; quarantine; viruses; strike; lockouts; disputes with workmen or their labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; acts or request of any governmental authority; or any other cause beyond DPS's control, whether or not similar to the foregoing.

18.  Entire Agreement

This Agreement in addition to Order Forms, if any, executed by the parties (each an "Order Form") constitute the entire agreement between DPS and Customer with respect to the Services and supersedes all prior or contemporaneous communications and proposals, representations, promises, or agreements, whether electronic, oral, or non-electronic, between DPS and Customer regarding them. Customer agrees that any terms or conditions contained in any document, including but not limited to a purchase order, acknowledgement, email, or other document that Customer may now or later provide to DPS, will have no effect and that this Agreement is the only contract between DPS and Customer regarding the Services and may only be amended as set forth herein. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. A printed version of this Agreement and of any notice given to Customer in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in electronic form.

19.  Notices

Notices from DPS to Customer under this Agreement may be sent by mail, email, fax or other electronic media and will be considered given upon delivery to the physical address, fax number, email address or other contact information provided by Customer for billing or account management purposes. Notices to DPS must be sent to the address mentioned in DPS's invoice to Customer.  Email: legal@dproservices.com. All notices shall be in English.

20.  Modification

DPS may, at any time, amend the provisions of this Agreement. Any amendment proposed by Customer may only be accepted by DPS in a non-electronic writing manually signed by authorized representatives of the parties. Notwithstanding anything in this Section to the contrary, if DPS posts amended terms on its Website, such terms will automatically become effective ten (10) days after they are posted on the Website. By using the Services after such revised terms are posted, Customer agrees to be bound by any such amended provisions. Therefore, Customer agrees to periodically visit the Website to examine the then-current Agreement.


Privacy Policy

Dorado Professional Service (“DPS”) is a leading provider of conferencing and collaboration services. We value and are committed to Protecting the privacy of our customers, users, and any individual that accesses or uses the MyDoComm/DPS websites, products, and services (collectively, the "Services"). This Policy discloses DPS's practices with respect to the collection, processing, use and disclosure of user information collected through the access and use of DPS Services. This Privacy Policy applies to all Personal Information collected and processed by DoComm/DPS whether in electronic, paper or verbal format.

The Event Services provided by DPS allows certain third party organizers and contributors to host web and streaming events, each third party being a "Sponsor"). DPS collects the information described below on behalf of such Sponsors. You should consult the privacy policies of each relevant Sponsor to determine how they may handle your information.  We invite you to learn more about our commitments, safeguards and customer choices by reviewing our below Privacy Policy, and we welcome your feedback.

Definitions

"Personal Information" or "Information" means information that; (1) is recorded in any form; (2) is about, or pertains to, a specific individual; and (3) can be linked to that individual.

"Sensitive Personal Information" means personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual's health.

Collection and Use of Personal Information

In connection with the access and use of DPS Services, we may ask you to provide us with Personal Information when, among other things, you register on the DPS website, use one of our Services, fill out a survey, make a request for information, or enter a sweepstakes or contest through the DPS website. We may also capture your telephone number when you use our conferencing Services. Please be aware that any information you choose to share on any publicly available portion of the Services or with third parties, including without limitation your personal page, chat messages, forum posts, blogs, resumes, job applications, business cards, or any other information that you provide to Sponsors or other attendees, may be collected and used by others without restriction. We will use the Personal Information you provide us in these circumstances to operate the DPS website, to the extent required for the delivery of the DPS Services, to satisfy DPS's legitimate business interests (such as customer analysis and internal marketing study and analysis), and to provide information you request from the DPS website ("Primary Use").

Important Notes Regarding Virtual Events: For virtual events, depending upon the type of event, some of the following fields may be displayed throughout the event: first and last name, company, User ID, and User avatar/image. The Sponsor may enable attendees to search for and find other attendees based on a User's registration information. If you associate your actual name or other personally identifiable information with your User ID, the people to whom you have revealed such information will be able to personally identify your activities on the event. In addition, any information you choose to share on any publicly available portion of a virtual event may be collected and used by others without restriction. résumés that you have posted to or within a virtual event may be available to all Sponsors of any booth, even if you have not filed a job application with such Sponsor. You should consult the respective privacy policies of these Sponsors to determine how they will handle your information. DPS's Privacy Policy does not apply to such Sponsors or their use of your information. DPS does not control Sponsors' use of your information. If you would prefer that DPS not disclose your personal information to any such Sponsor, please contact us at and are committed privacy@dproservices.com. Please be reminded, however, that any information you publicly display or share or that is accessible through the event may already be in such Sponsor's possession, despite such opt-out choice.

Unless you instruct us not to do so, DPS may also use the Personal Information you provide us to contact you regarding additional or new services and features offered by DPS, special offers by DPS, or important information regarding DPS ("DPS Secondary Use"). In addition, with your permission, we may provide your Personal Information to other companies who may contact you regarding products, services, and offers that may be of interest to you, but that are not directly related to DPS or the DPS website ("Third Party Secondary Use").

DPS may provide your Personal Information to vendors that assist DPS in processing such Information or in case you purchase services of Third Parties from DPS ("Third Party Services"). DPS requires such vendors to enter into agreements with DPS prohibiting disclosure of the information to others and restricting its use to providing the contracted services of DPS.

Access

When you register to use any of the Services offered by DPS, DPS will send you a confirmation of your registration showing the Personal Information we obtained from your registration. Also, we will take reasonable steps to give you the opportunity to correct inaccuracies in the Personal Information we retain concerning you and delete Personal Information concerning you upon your request, unless the burden or expense of providing access would be disproportionate to the risks to your privacy or where the rights of persons other than you would be violated.

Transfers

Unless you have already consented to such disclosure, prior to disclosing Personal Information to a third party, DPS shall notify you of such disclosure and allow you to opt out of such disclosure. DPS shall ensure that any third party for which Personal Information may be disclosed subscribes to the Principles or are subject to law providing the same level of privacy protection as is required by the Principles and agree in writing to provide an adequate level of privacy protection.

Security

DPS shall take reasonable steps to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. The Personal Information we collect from you is stored in operating environments that employ reasonable security measures and that are not available to the general public. DPS is not responsible for unauthorized access to such Information by hackers or others that obtain access through illegal measures, in the absence of negligence on the part of DPS. Further, the other websites you may access through the DPS website may have different security practices and you should familiarize yourself with those practices. DPS cannot guarantee the security of Information transmitted via the Internet.

You are responsible for the confidentiality and security of passwords DPS issues to you. If you believe a third party has obtained your password in an unauthorized manner, please notify us promptly.

Data Integrity

DPS shall only process Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, DPS shall take reasonable steps to ensure the Personal Information is accurate, complete, current and reliable for its intended use.

Enforcement/Complaints

DPS uses a self-assessment approach to assure compliance with this Privacy Policy and periodically verifies the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the Principles.

If at any time you believe we have acted contrary to this Privacy Policy, please notify us by e-mail at privacy@dproservices.com and we will take steps to investigate and will use reasonable measures to remedy the problem. If a complaint or dispute cannot be resolved through our internal process, we agree to dispute resolution using BBB EU Safe Harbor as a third party resolution provider for disputes arising with regard to privacy in the EEA and Switzerland. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by us, please visit the BBB EU Safe Harbor website at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

Disclosure for Legal Purposes

We may disclose Personal Information if required to do so by law or in the good-faith belief such action is necessary: (a) to conform to the edicts of the law or comply with legal process served on us or our affiliates; (b) to protect and defend our rights or property or those of our customers and their users; (c) to protect the personal safety of our customers and their users or the public; or (d) in connection with a merger, consolidation or sale of substantial assets of DPS. As we continue to develop our business, we might buy or sell assets related to our business. In such transactions Personal Information generally is one of the transferred business assets. Also, in the event DPS or substantially all of its assets are acquired, Personal Information will be one of the transferred assets.

Anonymous Information

Please understand, in addition to collecting Personal Information, DPS will also gather information that does not personally identify you regarding your use of the DPS website ("Anonymous Information"). The Anonymous Information we collect regarding your use of the DPS website may be used by us to measure the effectiveness of marketing efforts on the DPS website, for improving the services we offer to you, or to improve the DPS website. Generally, you will not be aware when such Anonymous Information is being collected about you. It may be collected in various ways, such as through traffic data or direct surveys of our customers and may entail the use of, among other things, cookies, IP addresses, or other numeric codes used to identify the computer or other device used to access our website.

Cookies

Some services on our Web site use "session cookies."  We use cookies to provide you with better service. Cookies are pieces of information a website transfers to your computer's hard disk for recordkeeping purposes. Cookies can make the Web more useful by storing information about your preferences for a particular website. The use of cookies is an industry standard, and many major websites use them to provide useful features for their customers. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. They are temporarily stored in your computer and deleted when you close your browser.  Most browsers are initially set to accept cookies. If you prefer, you can set your browser to refuse cookies. However, you may not be able to take full advantage of the functionality of the DPS website or Services if you do so.

Note: If you disable cookies in your browser, it may cause problems with searching and displaying information.

Venturing off the DPS website

The DPS website may contain hyperlinks that can take you to websites run by third parties ("Third-Party Websites"). Any hypertext or other links to Third-Party Websites from the DPS website are provided solely as a convenience to you. If you use these links, you will leave the DPS website. DPS has not reviewed all of these Third-Party Websites and does not control and is not responsible for any of these websites or their content or practices. Thus, DPS does not endorse or make any representations about them, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the Third-Party Websites linked to the DPS website, you do this entirely at your own risk.

Remember, this Privacy Policy only applies to DPS. When you are no longer on the DPS website, you may encounter different privacy and security practices and you should familiarize yourself with those practices each time you visit a new website.

Modifications

DPS reserves the right to modify the Privacy Policy at any time. Please review the Privacy Policy each time you access and use the DPS website, as your continued use of the DPS website and the DPS Services signifies your assent to such modifications.

Contact Us

If at any time you believe DPS has not followed the above Policy, or if you have questions, comments, or complaints regarding DPS's Policy, please contact us via e-mail at privacy@dproservices.com.

By mail, we can be contacted at:

 

DoComm Services (DPS)

ATTN. Privacy Administrator

3460 Fairlane Farms Road

Suite 9

Wellington, FL 33414