Applicability: QuaesTel, Inc. offers products; services; licenses to products and software; and access to its web sites. These Terms and Conditions apply to any product sale, service provided, license granted, or access allowed by QuaesTel, Inc. In addition to these Terms and Conditions, other written agreements may be required for the purchase of specific products, services, licenses, or access. In that event, these Terms and Conditions shall become a part of and incorporated in those other agreements. Note that certain terms and conditions enforced herein could be superseded under applicable tariff for specific telecom services. Such tariffs are available for viewing with appropriate regulatory agencies.
In the absence of an additional written agreement, the opening of or unsealing of any packaging containing any QuaesTel product or software, the use of any service by or through QuaesTel, the access of any QuaesTel web site, or any combination of these shall constitute agreement on the part of the customer or user to these Terms and Conditions. QuaesTel sincerely hopes and believes that its customers and users will find these Terms and Conditions fair, however if a customer or user does not accept these Terms and Conditions, then the customer or user has the following options depending on which circumstance applies:
If the customer or user has received any tangible product or media, the product or media must not be used and must be returned for a refund. If the customer or user has purchased any license or service by or through QuaesTel, the license or service must not be used and application made for a refund. If the customer or user has purchased access to a web site, access must not be used and application made for a refund. If a customer or user is allowed any use of a product, service, license, or access without charge, that use must cease upon the customer or user reading these Terms and Conditions or having had any opportunity to read these Terms and Conditions. If any customer or user seeks any refund based on that customer or user not agreeing to these Terms and Conditions, then the customer or user must first seek the refund from the source through which the customer or user purchased the product, service, license, or access. If for any reason the customer or user is unable to receive a refund through that original source, then the customer or user shall receive a refund from QuaesTel with the following provisions:
If the refund is for any tangible product or media, the refund shall be limited to the actual amount QuaesTel received in the sale of that product or media. If the refund is for a license or service by or through QuaesTel, the refund shall be limited to the amount QuaesTel has actually received for such license or service, minus any amount that QuaesTel has paid any third party for such license or service, in which case QuaesTel will use reasonable efforts to help the customer or user obtain any refund that may be available from the third party. QuaesTel cannot, however, guarantee that a refund can be obtained from the third party. If the refund is for access to a web site, the refund shall be limited to the actual amount QuaesTel has received in connection with such right to access. No customer or user shall be entitled to any compensation in any form if the use is allowed without charge.
The software and other products provided by QuaesTel contain proprietary materials. Duplication or use not in accordance with these Terms and Conditions and any additional agreement is strictly forbidden.
Software: The software provided by QuaesTel may contain third party shareware and its use may be subject to terms and conditions of separate shareware license agreements.
QuaesTel does not sell software, but only a license to use the software under the provisions of these Terms and Conditions, regardless of whether the software is provided on tangible media, in electronic form, or for download from a web site.
1. Each license you purchase will grant you one license to install and use this software on a single computer. You may uninstall it from that computer and install it on another computer as long as the software is installed on no more than one computer per license purchased.
2. The software is protected by the copyright laws of the U.S. and other countries, and we retain all intellectual property rights in the software. You may not separately publish, sell, market, distribute, lend, lease, rent, or sublicense the software.
3. QuaesTel warrants that during the 90 days following the purchase of a license, the software will substantially provide the features and functions generally described in the product specification in our sales literature or on our web site when you purchased it and in the product documentation. Media on which the Software is furnished, if any, will be free from defects in materials and workmanship.
4. QuaesTel has taken all reasonable steps to keep the software free of viruses, spyware, “back door” entrances, or any other harmful code. We will not track or collect any information about you, your data, or your use of the software except as you specifically authorize
5. QUAESTEL DOES NOT WARRANT THAT THE SOFTWARE OR YOUR ABILITY TO USE IT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS LICENSED AS IS (EXCEPT AS SET OUT IN PARAGRPH 3. ABOVE) SUBJECT ONLY TO THE FOLLOWING REMEDIES WHICH SHOULD BE CONSIDERED LIMITATIONS ON LIABILITY.
6. IF DURING THE FIRST 90 DAYS AFTER A LICENSE IS PURCHASED THE SOFTWARE IS SUBSTANTIALLY DEFECTIVE OR VARIES SUBSTANTIALLY FROM THE FEATURES AND FUNCTIONS GENERALLY DESCRIBED IN THE PRODUCT SPECIFICATION IN OUR SALES LITERATURE OR ON OUR WEB SITE WHEN YOU PURCHASED IT AND IN THE PRODUCT DOCUMENTATION, YOUR EXCLUSIVE REMEDY UNDER THE ABOVE LIMITED WARRANTY SHALL BE, AT QUAESTEL’S OPTION, EITHER A FULL REFUND OF THE PURCHASE PRICE OR CORRECTION OF THE DEFECTIVE SOFTWARE OR MEDIA. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARISE UNDER THIS LICENSE AGREEMENT. THE LIMITED WARRANTIES SET OUT IN PARAGRAPHS 3. AND 5. ABOVE AND IN THIS PARAGRAPH, AND THE LIMITED REMEDIES SET OUT IN THIS PARAGRAPH ARE EFFECTIVE FOR ONLY THE FIRST 90 DAYS AFTER YOU PURCHASE THE LICENSE TO THE SOFTWARE, AFTER WHICH TIME THERE IS NO WARRANTY OF ANY KIND, NEITHER EXPRESS NOR IMPLIED.
Products: As used in these Terms and Conditions, the term “products” includes tangible goods sold or licensed by Quaes- Tel, but does not include software. Such products may be viewed on at www.quaestel.com.
1. The products sold or licensed by QuaesTel, that is manufactured by or for QuaesTel, is warranted free from defects in workmanship and materials for one year from the date of purchase or license. NO OTHER EXPRESS WARRANTY IS GIVEN, AND NO AFFIRMATION OF QUAESTEL, BY WORDS OR ACTION, SHALL CONSTITUTE A WARRANTY.
2. THE PRODUCTS ARE SOLD ON AN AS IS BASIS, AND QUAESTEL DISCLAIMS ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS. THIS DISCLAIMER IN-CLUDES, BUT IS NOT LIMITED TO THE FOLLOWING SPECIFIC DISCLAIMERS.
3. WHILE QUAESTEL DOES NOT KNOW OF ANY CLAIM BY ANY THIRD PARTY TO TITLE TO THE PRODUCTS, QUAESTEL DISSCLAIMS ANY WARRANTY OF TITLE TO THE PRODUCTS.
4. QUAESTEL MAKES NO REPRESENT-ATIONS THAT THE GOODS BEING SOLD ARE FREE OF THE RIGHTFUL CLAIM OF ANY THIRD PERSON BY WAY OF INFRINGEMENT, OR OF INFRINGEMENT OF PATENT OR TRADEMARK OR THE LIKE, AND DISCLAIMS ANY WARRANTY AGAINST INFRINGEMENT WITH RESPECT TO THE PRODUCTS. QUAESTEL DOES NOT KNOW OF ANY CLAIM THAT THE PRODUCTS ARE INFRINGING.
5. QUAESTEL DISCLAIMS ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE PRODUCTS.
6. QUAESTEL DISCLAIMS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSES WHATSOEVER WITH RESPECT TO THE PRODUCTS.
7. During the one year term of the warranty of products, a product that has a defect in workmanship or materials may be returned to QuaesTel, to be repaired or replaced at QuaesTel’s sole discretion. No product may be returned to QuaesTel for warranty repair or replacement until a return authorization is obtained from QuaesTel which will include shipping instructions. To the fullest extent permitted by law, QuaesTel shall have no liability with regard to any product other than as set out in this paragraph, including, but not limited to, no liability for actual, consequential, lost profit, punitive, or any other form or measure of damages arising out of the use of a product.
Services, Access, and Use: As used in these Terms and Conditions, the term “service(s)” refers to services of any kind, including, but not limited to design services, consulting services, telecommunication services, internet services, broadband services, DSL services, modem services, wireless services, network access, VPN services, voice services, data services, and satellite services. The term shall also include access to QuaesTel’s web site. Just as the exclusion of a service from the forgoing list does not exclude that service from coverage hereunder, the inclusion of a service in that list does not imply that QuaesTel does or is obligated to provide such a service at any given time, without a separate agreement to do so. QuaesTel reserves the right to terminate any services for violations of its policies and to revise, amend or modify any of its policies at any time and in any manner. The following provisions apply to all kinds of services offered or to be offered by QuaesTel, to the fullest extent such application is relevant to the form of service offered.
1. Acceptable Use Policy:
Say or do whatever you want in the appropriate forum. If you are not sure what’s appropriate, ask.
Don’t do anything that is illegal. If illegal content is reported as originating from our system, we will delete the file and report the action to the appropriate victims and/or law enforcement. If illegal content which originated from outside is reported on our system, we will delete the file from public access, archive the item for law enforcement, and report the action to the originating system’s administrators.
Do not do anything to jeopardize the integrity of the service, the Internet, or QuaesTel’s systems. QuaesTel may at its discretion interrupt or disconnect a customer service without notice if customer.
Follow the policies of the Internet’s global community. Review and abide by our Abuse Policy and Terms of Service Agreement.
Customers may not resell or “lend” use of service to others.
Violation of the Acceptable Use Policy may result in immediate account termination and forfeiture of any fees. Quaes- Tel reserves the right to discontinue service to any user for any reason not prohibited by law. QuaesTel will discontinue service of users whose usage is so excessive that it deteriorates the service quality and availability of resources for other users.
Furthermore, QuaesTel may, but is not obligated to, take any action it deems necessary to (1) protect its Network, its rights or the rights of its customers or third-parties, or (2) optimize or improve its Network, services, systems, and equipment.
Account holders acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block certain types of calls sent through the service. QuaesTel may, in its sole discretion, at any time, filter “spam” or prevent “hacking,” “viruses” or other potential harms without regard to any preference you may have communicated to us. You also agree not to use the services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and not to transmit through the services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Furthermore, you agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. And you agree not use or reference the services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific conscious unmistaken permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another customer’s use and enjoyment of the services or another entity’s use and enjoyment of similar services.
Revisions to this Acceptable Use Policy
QuaesTel reserves the rights to revise, amend, or modify its acceptable use policy at any time and in any manner and will
give 30 day notice of any changes accordingly. Notice of any revision, amendment, or modification will be deemed to
have occurred if posted to QuaesTel’s web site.
QuaesTel also reserves the right to change pricing, review the content of your use or access, or terminate or suspend your
account without prior notice in the even of a policy violation.
2. Abuse Policy
QuaesTel is committed to serving its customers and preserving the integrity of the Internet and other communications facilities by following widely accepted guidelines of Internet communication. Abusive practices are strictly prohibited on QuaesTel’s services. We are available to assist you in any way possible should you need advice about proper use of Internet resources or should you become the target of abuse via the Internet.
Violation of the Abuse Policy may result in immediate account termination and forfeiture of any fees.
QuaesTel will use reasonable efforts to handle abuse matters as set out below.
a. Innocent Until Proven Guilty
Experience shows that a significant percentage of abuse reports are either erroneous or are intended to harm the alleged perpetrator. Administrative or disciplinary action will not be initiated without evidence which unambiguously identifies the account responsible for the alleged abuse.
b. Customer Privacy Is Paramount
Information about customers of QuaesTel will not be released, except to duly authorized officers of the state and federal courts or investigatory authorities who present the proper legal documents and except as otherwise set forth in this policy and in our Acceptable Use Policy. Information concerning accounts involved in alleged offenses will not be released to the complainant nor to the press. See our Privacy Policy.
c. Guidelines for Abuse ON the service
In general, we do not review or monitor the contents of our customers’ communications. However, when abusive content is brought to our attention, we will cooperate as necessary with law enforcement authorities within the appropriate legal boundaries and dispose of the matter in accordance with QuaesTel’s policies and any additional constraints imposed by law. If illegal content is reported as originating from our services, we will delete any file and report the action to the appropriate victims and/or law enforcement. If illegal content which originated from outside is reported on our service, we will delete the file from public access, archive the item for law enforcement, and report the action to the originating system’s administrators.
d. Guidelines for Abuse OF the service
QuaesTel is a commercial enterprise. Our customers pay us for services rendered. To provide those services, QuaesTel establishes and maintains a significant investment in people, equipment and software. We are obligated to maintain our systems to meet the standards set by our customers, our investors and the global Internet community.
Attacks
Accounts used to carry out attacks (mailbombs, network transport attacks, newsgroup flooding) will be closed immediately upon authorization by a designated member of the staff of QuaesTel. If compelling evidence suggests that the security of the account was compromised and that the attack was not carried out by the holder of the account then at the discretion of QuaesTel, the account may be reinstated with a different username/password.
Spam
A single, substantiated complaint of email broadcasting will result in the suspension of the account determined to be responsible for the email. At the discretion of QuaesTel, a customer’s account may be reactivated following the customer contact and the customer’s agreement to abide by our Abuse Policy. Upon any subsequent offense, the account will be permanently closed. In the event that a customer does not agree to abide by our Abuse Policy, the account will be permanently closed. Be aware that this also applies to accounts, such as web sites, advertised in spam. For example, if a QuaesTel customer’s web site is advertised in spam, even though the customer did not send the spam, the customer has violated this Abuse Policy and will be contacted and/or the account closed as set forth above.
In ANY event of abuse, QuaesTel reserves the right in its sole discretion to immediately terminate the account. Accounts terminated for abuse issues are not eligible for refunds. Moreover, accounts associated with abuse will be responsible for paying QuaesTel’s costs and expenses of identifying, terminating and correcting such abuse.
e. Reporting Abuse
To report any instance of abuse, contact: customerservice@quaestel.com
If you are receiving unsolicited email, you may contact that provider by sending email to:
postmaster@providers.name (insert provider domain)
Example: customerservice@quaestel.com
3. Terms of Service
Read these Terms of Service carefully before using QuaesTel’s services (“Services”). By subscribing to or using our Services, you agree to abide by these Terms of Service as well as our Acceptable Use Policy, Abuse Policy and Billing Policy.
Violation of any of our policies may result in immediate account termination and forfeiture of any fees.
Access is allowed anytime. No limits exist with regard to time of day or day of week for establishing a connection. Users agree to keep the connection active only when the subscriber is actively using it. Only one connection per account is allowed at any given time.
Using a personal account (including any free web page or site) for high volume or commercial use is prohibited. QuaesTel reserves the right to manage existing resources which includes setting limits on the size of any storage on QuaesTel computer or storage device and the length of time matters may be stored on a QuaesTel computer or storage device.
If you have purchased a service that does not include technical support, you may incur a per incident charge of $90.00 for use of QuaesTel’s technical Support. This charge may be automatically applied to your billing account upon use of QuaesTel’s technical support.
Payment and Billing shall be in accord with QuaesTel’s Billing Policy and any additional agreement.
Pricing will be according to QuaesTel’s published rates and any additional agreement.
Upon registration, you receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your account and must comply with these terms of service. You must keep your password confidential so that no one else may access the Services through your account. You must notify us immediately upon discovering any unauthorized use of your account.
QuaesTel may change its access numbers at any time. QuaesTel may direct you to use certain numbers to access the Services or to restrict use of specific access numbers. Usernames, passwords and email addresses are QuaesTel’s property and QuaesTel may alter or replace them at any time.
NO WARRANTIES; LIMITATION OF LIABILITY.
QUAESTEL HAS NO CONTROL OVER THE INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET, EXCEPT FOR THOSE SERVICES SPECIFICALLY OFFERED AND PROVIDED BY QUAESTEL. QUAESTEL HAS NO CONTROL OVER AND IS NOT RESPONSIBLE FOR ANY MATERIALS ON THE INTERNET WHICH MAY BE OFFENSIVE TO YOU OR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THIRD PARTIES ON THE INTERNET. THE USER ASSUMES ALL RISK AND LIABILITY FOR ANY DAMAGE OR LOSS WHATSOEVER ASSOCIATED WITH THE USE OF THE INTERNET OR THE SOFTWARE, SERVICES OR PRODUCTS PROVIDED BY QUAESTEL IN CONNECTION WITH OR TO FACILITATE SUCH USE.
THE SERVICES PROVIDED BY QUAESTEL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QUAESTEL MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY QUAESTEL OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. QUAESTEL IS NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE OR SPECIAL DAMAGES RELATED TO LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS OR GOODWILL.
TO THE EXTENT THERE MAY BE ANY LIABILITY ON QUAESTEL’S PART REMAINING AFTER THE ABOVE DISCLAIMERS, QUAESTEL’S TOTAL LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY SUCH USER TO QUAESTEL FOR THE SERVICES DURING A ONE YEAR PERIOD MINUS ANY AMOUNT PAID BY QUAESTEL TO THIRD PARTIES SPECIFICALLY FOR THE PROVISION OF SERVICES TO YOUR ACCOUNT. THIS APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF ANY KIND) OR OTHERWISE, AND WHETHER OR NOT DAMAGES WERE FORESEEABLE.
Links to third party web sites on QuaesTel’s site are provided solely as a convenience to you. If you use these links, you will leave QuaesTel’s web site. QuaesTel has not reviewed, does not control and is not responsible for any of these sites or their content. QuaesTel does not endorse or make any representations about these sites, or any information, software or other products, services or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party web sites linked to QuaesTel’s web site, you do so entirely at your own risk.
Use of the Services constitutes acceptance of these Terms of Service, QuaesTel’s other policies and any future versions. If you are dissatisfied with the Services or any related terms, conditions, policies or practices, your sole and exclusive remedy is to discontinue using the Services and to terminate your account.
You may terminate your account at any time and for any reason subject to the terms of any additional agreement(s) by providing notice of intent to terminate to QuaesTel by: registered or certified mail, return receipt requested addressed to QuaesTel, Inc., Customer Service or a telephone call directed to Accounts Customer Service. This paragraph does not apply to design services, consulting services, and similar kinds of services, the terms of which are to be governed by separate agreement.
Your termination will only be complete upon your receipt of a cancellation confirmation number. Charges to your account will stop accruing the day QuaesTel provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. If your account included space on QuaesTel’s servers, anything stored on this space will be deleted upon termination.
Without prior notice, QuaesTel may terminate your use of the Services, your password or your account for any reason, including, without limitation, if QuaesTel in its sole discretion believes you have violated these Terms of Service, our Acceptable Use Policy or any of our policies, or if you fail to pay any charges when due. QuaesTel may provide termination notice to you by email addressed to your email account or by US Mail.
Privacy Policy: QuaesTel is committed to respecting the privacy of our customers. The personal information a customer provides to us is used by us to provide access service, bill the customer’s account and update our customers on happenings at QuaesTel. We do not sell our customer lists or any customer personal information to others for marketing purposes. Additionally, we do not regularly monitor our customers’ email, newsgroup posts, web sites or track their movements on the Internet. Other than bugging you periodically with a newsletter from our CEO or with important announcements, we will do everything possible to protect your privacy and not subject you to multi level marketing schemes. Information about customers of QuaesTel will be released only to the customer, to the appropriate employees of QuaesTel or to duly authorized officers of the state and federal courts or investigatory authorities who present the proper legal documents.
Billing Policy: Subscribers must provide QuaesTel with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and report to QuaesTel all changes to this information within fifteen (15) days of the change. All accounts are automatically re-billed, depending on your billing frequency, without notification.
Billing Frequency
Your billing frequency is equal to the length of your billing cycle and is determined by the type of payment schedule you selected, e.g., monthly, semi annually, annually, bi annually. The cycle begins upon the day that you sign up for service. If you prepay for service, you will be provided service until the end of your prepaid term (subject to compliance with our abuse and other policies). As such, we will not refund prepaid accounts. Activation fees are not refundable.
Technical Support
If you have purchased a service that does not include technical support, you will incur a per incident charge of $90.00 for use of QuaesTel’s technical Support. This charge will be automatically billed to your credit card upon use of QuaesTel’s technical support.
Payment Methods: The following provisions apply depending on the method of payment to which you have agreed or as referenced in the Tariff.
a. Credit Cards: Credit cards are billed according to the billing frequency. For example, an account with an annual billing frequency is charged once per year while it is active. Your account will be automatically re-billed without notification at the end of your billing frequency.
b. Auto-debits: Auto debits (e.g., electronic debits from a bank account) are billed according to the billing frequency. For example an account with an annual billing frequency is charged once per year while it is active. Your account will be automatically re-billed without notification at the end of your billing frequency. All auto-debit transactions are treated as checks for refund purposes in that refunds shall be delayed ten (10) business days to allow time for the debit to clear with the bank. You will be charged a fee of $2.50 for each automatic bank account debit or credit transaction associated with your QuaesTel account. For example, if you pay for your services by an automatic debit of your bank account on a monthly basis, you will be charged $2.50 per month in addition to the cost of your services. Likewise, any refund you receive by an automatic credit to your bank account will be reduced by $2.50. This fee does not apply to credit card and debit card transactions
c. Checks and Invoices: Customers having check/invoice payment options are sent an invoice promptly upon sign up. Payment of this invoice is due within fifteen (15) days. Recurring invoices shall be sent on the customer’s next billing date. Refunds shall be delayed ten (10) business days to allow time for the check to clear with the bank.
Returns/Declines:
Customers shall receive notification of returned items (e.g., declines, NSF checks) via email. Customers with multiple instances of checks returned, credit cards declined, etc., shall be required to pre pay for services for a period of at least 6 months. A $25 NSF fee will be assessed for each returned check and ACH or credit card declines.
Charges and Refunds:
Subscribers are responsible for any charges to their account. Payment is due within 15 days of invoice or initial attempt at credit card charge or auto-debit, as applicable. You must pay a late fee of 1 1/2% after 15 days. All charges are considered valid unless disputed in writing within fifteen (15) days of the billing date. Adjustments will not be made for charges that are more than fifteen (15) days old. QuaesTel is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by QuaesTel. Payments overdue for more than thirty days will incur interest at the rate of 1.5% per month. Late charges and interest are limited to the amount set out herein or in any additional agreement or the maximum rate allowed by law, whichever is less. QuaesTel does not intend to charge any late charge or interest in excess of that allowed by law, and any such charge shall be considered a mistake and credited appropriately.
Delinquent accounts may be suspended or canceled at QuaesTel’s sole discretion; however, charges will continue to accrue until the account is canceled. QuaesTel may bill an additional charge to reinstate a suspended account.
Refunds are disbursed in the manner determined by QuaesTel at its discretion (i.e. check, credit to credit card or service credit). Any incorrectly issued refunds will be recovered by QuaesTel in the same manner as the refund was issued. For example, suppose QuaesTel charges your credit card for an amount, but that charge is subsequently voided because you dispute the charge with your credit card company. If QuaesTel also issues you a refund for that charge (in the form of a credit to your credit card account), QuaesTel is entitled to recover that refund by charging your credit card account for the amount of the refund. As stated above under “Billing Frequency,” if you prepay for service, you will be provided service until the end of your prepaid term (subject to compliance with our abuse and other policies). As such, we will not refund prepaid accounts. Activation fees are not refundable.
Note: Any type of account cancelled for a violation of our Acceptable Use Policy or Abuse Policy is not eligible for any type of refund.
If you have questions concerning your account, you may call our billing department at (800) 600-9450 or send an email to: customerservice@quaestel.com.
INDEMNIFICATION:
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS QUAESTEL FROM ANY AND ALL CLAIMS AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) RELATED TO (I) YOUR BREACH OF THESE TERMS AND CONDITIONS, ANY ADDITIONAL AGREEMENTS, OR ANY OTHER POLICIES OF QUAESTEL OR (II) YOUR USE OF THE SERVICES OR THE INTERNET.
General Provisions:
THESE TERMS AND CONDITIONS AND ANY ADDITIONAL AGREEMENTS ARE GOVERNED BY NEVADA LAW WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS AND BY FEDERAL LAW AS APPLICABLE. The provisions of these Terms and Conditions and any additional Agreements are subject to any rule or regulation of any authority having jurisdiction over the subject matter, and may be subject to one or more tariffs, which will be controlling.
These Terms and Conditions, any additional written Agreements, and QuaesTel’s other user policies posted on QuaesTel’s Web site (Agreements) constitute the entire agreement between you and QuaesTel. Except as set out herein, there can be no modification of these Agreements, except in writing signed by QuaesTel.
QuaesTel’s obligations to provide products, software, licenses, or services are subject to, and QuaesTel shall not be liable for, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment or any consequence thereof caused or occasioned by, or due to fire, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond QuaesTel’s reasonable control. You shall not represent that QuaesTel is responsible for the type or quality of your services to your customers.
When used herein the term “QuaesTel” includes QuaesTel, and its parents, subsidiaries, employees, representatives, successors, and assigns.
In any action to enforce the Agreements, the prevailing party shall be entitled to recover its attorneys’ fees and expenses.
If any provision of the Agreements is determined to be invalid or unenforceable, then the remaining provisions of the Agreements shall remain in effect, and the unenforceable provision shall be interpreted so as to as closely as possible effectuate its original intent in a valid and enforceable manner.
If any provision of the Agreements shall be determined to be inconsistent with any other provision of the Agreements, specific or individually negotiated provisions shall take precedence, and any other provisions shall be interpreted on order to effectuate as much as possible the intent of all provisions.
Headings, numbers, and paragraph formatting in the Agreements are for convenience only and shall not enter into their interpretation. For example but not limitation, any provision under one heading that in context should also apply to a other heading, shall be so applied.