Terms and Conditions of
Use
1. Acknowledgment and acceptance of terms of use
AqmxTel provides telecommunication services described in greater detail on
this web site (www.aqmxtel.com) (the
Service) to you (the End User) subject to the following conditions. By
accessing this site and/or registering or using the Service, the End User
acknowledges receiving, reading and understanding this General Service
Agreement (the Agreement) and accepts the terms and conditions herein. If
you do not agree to these Conditions of Use, please do not use our site or
the Service. We reserve the right, at our discretion, to update or revise
these Conditions of Use. Each time you log in or otherwise access this site
or use the Service following the posting of any changes to the Conditions of
Use, you hereby accept these changes regardless of whether you have checked
or visited the Conditions of Use portion of the site. These Conditions of
Use govern the use of our site by viewers and other users.
2. Conduct
You
are solely responsible for your actions and the content of your
transmissions through or in connection with the Service, it being understood
that each employee acts on behalf of any company with which such employee is
associated in all actions and submissions on or in connection with the
Service. You agree:
(a)
to abide by all applicable local, state, national, and international laws
and regulations in your use of the Service;
(b)
not to use the Service for illegal purposes;
(c)
not to use or attempt to use another person's or entity's account, telephone
number, service, system or other Confidential Access Information without
authorization from the owner;
(d)
to comply with all laws regarding the transmission of voice or technical
data (including all export laws, regulations, and restrictions of the United
States);
(e)
not to stalk, threaten, or harass anyone through, in connection with, or
utilizing any data collected through the Service;
(f)
that we neither endorse the content of any of your communications nor assume
any responsibility for any threatening, libelous, obscene, harassing or
offensive material contained in such materials, or any crime facilitated by
use of the Service;
(g)
not to interfere or disrupt networks connected to the Service or otherwise
attempt to interfere with the proper function of the Service; and
(h)
not to attempt to obtain unauthorized access to the Service.
AqmxTel may, in its sole discretion, immediately terminate your access to
the Service and/or this site should your conduct fail to conform to any
provision of this Agreement.
3. Terms of use for Basic Membership aka free account
For
AqmxTel Basic Membership user or otherwise known as free account owner, the
Service is provided to you for your personal, residential, non-business and
non-professional use. This means that you are not to use it for any
commercial or governmental activities, profit-making or non-profit,
including but not limited to home office, business, sales or any other
activity that would be inconsistent with normal personal usage patterns.
This also means that you are not to resell, package with equipment or
transfer the Service to any other person for any purpose, or make any charge
for the use of the Service, without express written permission from AqmxTel.
AqmxTel reserves the right to immediately terminate or modify the Service,
if AqmxTel determines, in its sole discretion, that Customer's Service is
being used for non-personal or business use.
4. Terms of use for Individual Service
For
AqmxTel Individual service user, the Service is provided to you as an
individual user, for your personal, residential, non-business and non-professional
use. This means that you are not to use it for any commercial or
governmental activities, profit-making or non-profit, including but not
limited to home office, business, sales, tele-commuting, telemarketing (including
without limitation charitable or political solicitation or polling),
autodialing, continuous or extensive call forwarding, fax broadcast, fax
blasting or any other activity that would be inconsistent with normal
individual usage patterns. This also means that you are not to resell or
transfer the Service to any other person for any purpose, or make any charge
for the use of the Service, without express written permission from AqmxTel.
You agree that your use of the Service provided to you by any other person
for any business or governmental purpose will obligate you to pay AqmxTel's
higher rates for business service on account of all periods, including past
periods, in which you use, or used, the Service for business or governmental
purposes. AqmxTel reserves the right to immediately terminate or modify the
Service, if AqmxTel determines, in its sole discretion, that Customer's
Service is being used for non-individual or business use.
Residential Unlimited Plans are based on typical residential voice usage and
is not permitted for commercial use. AqmxTel retains the right to require
account upgrade or suspend service if the calling habits are outside these
guidelines.
Calling plans are restricted for use by only a single AqmxTel number/SIP
device to prevent abuse.
5. Terms of use for Business Service - Resale, even for free is
prohibited
For
AqmxTel Business service user, the Service is provided to you as a business
user. This means that you are not to resell or transfer the service to any
other person for any purpose, without express written permission from
AqmxTel. You agree that the AqmxTel Business Plans do not confer the right
to use the service for auto-dialing, continuous or extensive call forwarding,
call centers (incoming or outgoing), telemarketing (including without
limitation charitable or political solicitation or polling), fax
broadcasting or fax blasting. AqmxTel reserves the right to immediately
terminate or modify the Service, if AqmxTel determines, in its sole
discretion, that Customer's Service is being used for any of the activities
mentioned above.
6. Termination/Upgrade/Downgrade of Monthly Calling Plans
For
AqmxTel Individual and Business monthly plan users the service is provided
on a monthly basis and is paid in advance for each month. The monthly plan
activation date is deemed the anniversary date. The monthly plan will renew
each month on the anniversary date unless terminated by the customer. Notice
of termination must be in writing and emailed to
ar@aqmxtel.com two days prior to the
anniversary date. Monthly plan fees will not be prorated and/or refunded for
the termination month. Notice of termination received after the required
notice date will be effective for the next anniversary date. A setup fee
will be charged to reactivate plans that were previously terminated.
Requests to upgrade or downgrade a monthly calling plan to a different
calling plan must be submitted in writing and emailed to
ar@aqmxtel.com . Request to change an
existing plan must be submitted at least five days prior to the monthly
anniversary date. Requests to upgrade or downgrade a monthly plan are not
automatic and are subject to approval by AqmxTel.com, LLC. Existing monthly
plan customers that receive approval from AqmxTel.com, LLC to change to a
more expensive (upgrade) monthly plan may do so without having to pay
another setup fee. Existing monthly plan customers that receive approval
from AqmxTel.com, LLC to change to a less expensive (downgrade) monthly plan
may do so and will be required to pay another setup fee.
7. Prohibited Uses
Any
End User's use of the Service or any other action that causes a disruption
in the network integrity of AqmxTel or its vendors, whether directly or
indirectly, is strictly prohibited and could result in termination of the
Service and/or payment for damages relating to such conduct. The End User
understands that neither AqmxTel nor its vendors are responsible for the
content of the transmissions that may pass through the Internet and/or the
Service. The End User agrees that it will NOT use the Service in ways that
violate laws, infringe the rights of others, or interfere with the users,
services, or equipment of the network. The End User agrees and represents
that it is using the Service for its own internal use only, and shall not
resell the Service thereof. The Service is for the personal, residential and
reasonable business use of the End User only. Such use shall not include
certain activities, including but not limited to any autodialing, continuous
or extensive call forwarding, continuous connectivity, fax broadcast, fax
blasting, telemarketing or any other activity that would be inconsistent
with personal, residential and reasonable business use patterns.
8. Changes to the Agreement and Service
AqmxTel may change the terms and conditions of this Agreement from time to
time and at its discretion without prior notice. AqmxTel reserves the right
to change, suspend or cancel the Service, temporarily or permanently, with
or without notice to the End User. AqmxTel will not be liable to the End
User or any third party in the event that AqmxTel exercises its right to
modify or discontinue the Service.
9. Telephone Numbers
Any
telephone number provided by AqmxTel (the Number) to the End User shall be
leased and not sold to the End User. The End User shall not obtain any
rights, title or interest in the Number. The Number is not portable to other
service providers. The End User is not to use the Number with any other
device other than the approved equipment (the Equipment) without the express
written permission of AqmxTel. AqmxTel reserves the right to change, cancel
or move the Number at its discretion. Upon expiration, cancellation or
termination of the Service, the End User shall relinquish and discontinue
use of any phone numbers, voice mail access numbers and/or web portals
assigned to the End User by AqmxTel.
10. Fees
AqmxTel does not currently charge any fees to use The Basic Service. AqmxTel
reserves the right to change this policy at its sole discretion without
prior notice. The End User is responsible for procuring and paying the costs
for any software, hardware, or internet/broadband connection charges
necessary to access and use the Service.
11. Payment
All
paid services new or recurring are prepaid.
Your initial use of the Service authorizes AqmxTel to charge the credit card
account number on file with AqmxTel, including any changed information given
AqmxTel if the card expires or is replaced, or if you substitute a different
card, for AqmxTel recurring charges. This authorization will remain valid
until 30 days after receives your written notice terminating AqmxTel's
authority to charge your credit card.
12. Late/Non-payment
AqmxTel may terminate your Service at any time in its sole discretion, if
any charge to your credit card on file with AqmxTel is declined or reversed,
your credit card expires and you have not provided AqmxTel with a valid
replacement credit card or in case of any other non-payment of account
charges.
13. Billing
The
service user must provision AqmxTel with a valid credit card number (Visa,
MasterCard, Discover, American Express or any other issuer then-accepted by
AqmxTel) when the Service is activated. AqmxTel reserves the right to stop
accepting credit cards from one or more issuers. If the card expires, you
close your account, your billing address changes, or the card is cancelled
and replaced owing to loss or theft, you must advise AqmxTel immediately.
Such billing charges will include monthly service fees, applicable taxes and
any other applicable charges. Monthly service fees are charged in advance to
your credit card, including but not limited to: monthly recurring charges.
14. Taxes
You
are responsible for, and shall pay, any applicable federal, state,
provincial, municipal, local or other governmental sales, use, excise, value-added,
personal property, public utility or other taxes, fees or charges now in
force or enacted in the future, that arise from or as a result of your
subscription or use or payment for the Service or a Device. Such amounts are
in addition to payment for the Service or Devices and will be billed to your
credit card as set forth in this Agreement.
15. Technical Support
AqmxTel provides the End User with technical support at its sole discretion
and as limited to the Service and the Equipment provided hereunder.
Technical support is rendered from AqmxTel's premise, as available, via
email. Support for other applications and uses is not provided or implied.
16. Termination
AqmxTel reserves the right to, in its sole discretion, suspend or
discontinue your access to all or part of this site or the Service, with or
without notice. AqmxTel will not be liable to you or any third party for
termination of the Service.
17. Indemnification
The
End User agrees to defend, indemnify and hold harmless AqmxTel, its
directors, officers, shareholders, affiliates, agents, successors, assigns
and vendors, from any claims or damages relating to this Agreement or a
breach or violation of this Agreement, including reasonable attorneys' fees.
18. Critical Components:
EMERGENCY SERVICES- 911 AND E911 DIALING NOT POSSIBLE
AqmxTel DOES NOT OFFER OR SUPPORT 911 OR ANY OTHER EMERGENCY FUNCTIONS.
You acknowledge and understand that the Service does NOT support 911 or E911
access to emergency services.
You agree to inform any household residents, guests and other third persons
who may be present at the physical location where you utilize the Service of
the non-availability of traditional 911 or E911 dialing from your AqmxTel
Service and Device(s).
WE STRONGLY RECOMMEND THAT YOU MAINTAIN AN ALTERNATE MEANS OF ACCESSING
EMERGENCY SERVICES. AqmxTel does not fully substitute your regular telephone
setup. The AqmxTel service enhances your communication capabilities but it
does not replace traditional phone services.
Neither AqmxTel nor its officers or employees may be held liable for any
claim, damage, or loss related to 911 or any other emergency functions.
Therefore, you hereby waive any and all such claims or causes of action,
arising from or relating to 911. You agree to indemnify and hold harmless
AqmxTel from any claim or action arising out of 911 emergency services
access.
19. Disclaimer of Warranties and Limitation of Liability
To
the full extent permissible by applicable law, AqmxTel disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and non-infringement.
AqmxTel does not warrant that this site, its servers, the Service or e-mail
sent from AqmxTel are free of viruses or other harmful components. AqmxTel
will not be liable for any damages of any kind arising from the use of or
inability to use this site, including, but not limited to direct, indirect,
incidental, punitive, special, exemplary and consequential damages. This
limitation applies whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if AqmxTel has been
advised of the possibility of such damage. AqmxTel makes no representations
or warranties of any kind express or implied, as to the operation of this
site and/or the Service or the information, content, materials, or products
included on this site. AqmxTel makes no warranty that:
(i)
this site or the Service will meet your requirements,
(ii)
this site or Service will be uninterrupted, timely, secure, or error-free,
(iii)
the results that may be obtained from the use of this site or Service will
be accurate or reliable,
(iv)
the quality of any products, services, information, or other material
purchased or obtained by you through this site or Service will meet your
expectations, and
(v)
any errors in this site or the Service will be corrected.
AqmxTel will not be liable for any direct, indirect, consequential,
incidental or special damages, whether foreseeable or not, which may result
from use or access to this site and/or the Service. You understand and agree
that the use of this site and/or the Service is at your sole risk and
discretion and is on an "as is" and "as available" basis. You also
understand and agree that you will be solely responsible for any damage
resulting from your use of this site or the Service, including damage to
your computer system or loss of data that results from material or data that
is downloaded from this site.
AqmxTel is not responsible for the content on the Internet or the World Wide
Web not otherwise located on this site. As a convenience to our End Users,
AqmxTel may provide links to resources that are beyond its control. AqmxTel
makes no representations as to the quality, suitability, functionality or
legality of any sites to which we may provide links, and the End User hereby
waives any claim he or she might have against AqmxTel with respect to such
sites.
20. No Consequential Damages
In
no event shall AqmxTel, its officers, directors, employees, affiliates,
agents, successors, assigns or any other service provider who furnishes
services to the End User in connection with this Agreement or the Service be
liable for any incidental, indirect, special, punitive, exemplary or
consequential damages, or for any other damages, including but not limited
to loss of data, loss of revenue or profits, or arising out of or in
connection with the use or inability to use the Service, including inability
to be able to dial 911 or to access emergency service personnel through the
Service. The limitations set forth herein apply to claims founded in breach
of contract, breach of warranty, products liability, tort and any and all
other theories of liability and apply whether or not AqmxTel was informed of
the likelihood of any particular type of damages.
21. Remedies for Breach of these Terms by You
In
the event that AqmxTel determines, at its sole discretion, that you have
breached any portion of these Conditions of Use, or have otherwise
demonstrated conduct inappropriate for our site, AqmxTel reserves the right
to (i) warn you via email that you have violated these Conditions of Use; (ii)
delete any or all content provided by you or your agent(s) to this site, (iii)
discontinue your access to the Service or site; (iv) notify and/or send
content to and/or fully cooperate with the proper law enforcement
authorities for further action; and/or (v) any other action which AqmxTel
deems to be appropriate.
22. Governing Law
This Agreement is governed by the laws of the State of Florida without
regard to its conflicts of law provisions. The End User acknowledges and
agrees that Florida courts have jurisdiction over this Agreement and
customer, that Miami Dade County, Florida is an appropriate place for venue
of any litigation, and that all litigation, to the extent possible, shall be
in Miami, Florida.
23. Copyrights and Trademarks
All
content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is
the property of AqmxTel or its content suppliers (the Intellectual Property)
and protected by United States and international copyright laws. The
compilation of all content on this site is the exclusive property of AqmxTel
and protected by U.S and international copyright laws. You may not post to
this site, use the Service and/or copy, reproduce, retransmit, distribute,
publish, commercially exploit or otherwise transfer, any material subject to
any Intellectual Property. You have the burden of determining whether any
information, software, images or any other content on this site is not
protected by any Intellectual Property.
24. Registration Information/Privacy Policy
When you register as a member of AqmxTel, you will be required to provide us
with your End User I.D., and password other confidential access information
(Confidential Access Information).
Except as provided herein, AqmxTel will not sell to any third party your
name, address, email address and End User I.D., unless you provide your
informed consent, except to the extent necessary to comply with applicable
laws, police investigations or in legal proceedings where such information
is relevant. AqmxTel grants to third parties providing technical services to
us access to our database only to the extent necessary to provide such
technical services. In those instances, such third parties are bound by
these Terms and Conditions. Your informed consent shall be in the form of an
"opt in" or similar policy. In addition, AqmxTel may assign, sell, license,
or otherwise transfer to a third party its entire database, including your
name, address, email address, and End User I.D., in connection with an
assignment, sale, joint venture, or other transfer or disposition of all or
a significant portion of the assets or stock of AqmxTel.
You
are responsible for maintaining the confidentiality of your Confidential
Access Information. You shall be responsible for all uses of your
Confidential Access Information, whether or not authorized by you. You agree
to immediately notify AqmxTel of any unauthorized use of your Confidential
Access Information.
25. Linking to the Site
You
may provide links only to the splash page of this site (located at
www.aqmxtel.com, provided (a) you do
not remove or obscure, by framing or otherwise, the copyright notice,
content or other notices on this site, (b) you give AqmxTel prior written
notice of such link by sending an e-mail to
webmaster@aqmxtel.com, and (c)
you discontinue providing links to this site if notified by AqmxTel.
26. Miscellaneous
In
the event that any provision of this Agreement conflicts with the law under
which this Agreement is to be construed or if any such provisions are held
invalid by a court with jurisdiction over the parties to this Agreement,
such provision will be deemed to be restated to reflect as nearly as
possible the original intentions of the parties in accordance with
applicable law, and the remainder of this Agreement will remain in full
force and effect.
The
failure of any party to insist upon or enforce strict performance by the
other party of any provision of this Agreement or to exercise any right
under this Agreement will not be construed as a waiver or relinquishment to
any extent of such party's right to assert or rely upon any such provision
or right in that or any other instance, rather, the same will be and remain
in full force and effect.
AqmxTel may assign its rights and obligations under this Agreement, and upon
such assignment AqmxTel may be relieved of any further obligation hereunder.
This Agreement, and any modifications of this Agreement by AqmxTel as
provided above, constitute the entire understanding between the parties as
to subject matter hereof, and supersede all prior agreements and
understandings. Any legally unenforceable provision of this Agreement will,
at the election of AqmxTel, be deleted or modified to correct the defect and,
regardless, the remainder of the terms of this Agreement will remain valid
and enforceable.
27. Consent to Receive Electronic Documents
By
accessing this site and using the Service, you are agreeing to receive
electronic documents, billing reports, statements and records (electronic
records) in lieu of paper documents, statements and records from us. Your
electronic records may be emailed to you to the email account that you
provide to us, accessed through this site using your Confidential Access
Information or otherwise electronically provided to you. By accessing this
site and using the Service, you are also agreeing to the use of electronic
signatures in lieu of (and in addition to) wet-ink, physical signatures. You
may request a paper copy of any electronic record that we send you by
sending an email request to
erecords@aqmxtel.com or by sending a written request to AqmxTel, ATTN:
Electronic Records, 3046 NW 72 Ave, Miami, Florida 33122. You will be
charged $10.00 for every paper record that you request prior to your
cancellation of consent. You can withdraw your consent to receive electronic
records from us by sending an email message to
erecords@aqmxtel.com or by
sending a written letter to AqmxTel, ATTN: Electronic Records, 3046 NW 72
Ave, Miami, Florida 33122. You will be charged a $50.00 cancellation of
consent fee. This consent applies to all electronic records that we may send
you. Your withdrawal of this consent will not affect the legal effectiveness,
validity or enforceability of any electronic record that we provide to you
prior to the withdrawal of such consent. If you change your email address to
receive electronic records, you must notify us of your new email address by
sending an email message to
erecords@aqmxtel.com or by sending a written letter to AqmxTel, ATTN:
Electronic Records, 3046 NW 72 Ave, Miami, Florida 33122.
28. Acknowledgment
You
represent to AqmxTel that you have the authority and capacity to understand
and agree to these Conditions of Use. You acknowledge (a) that you have read
and understood these Conditions of Use; and (b) that these Conditions of Use
have the same force and effect as a signed agreement.
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