Terms of Service

This Terms of Services Agreement (hereinafter: TOSA), is between BrandX Calling, a service of RoadTel Communications, Inc. (hereinafter: BrandX), and you, the customer. BrandX, our affiliates, agents, providers, employees and the like are referred to in this TOSA as ‘we’, ‘us’, ‘our’ and the like. You, the Customer is referred to as ‘customer’, ‘subscriber’, ‘you’, ‘your’, ‘yours’, ‘user’, ‘their’ and the like.
In exchange for your payment of services, we promise to use our best efforts to provide you with top quality conference calling services. Our staff is highly trained and dedicated to your total satisfaction.
If you do not wish to be bound by the terms and conditions of this TOSA, then you should not apply for service or you should cancel the service immediately. By registering and/or using the services, you hereby accept and agree to abide by the terms and conditions of this TOSA.

Free Trial
BrandX proudly offers every new customer a trail period. This is an unconditional trial. Use it as much as you like for up to 30 days. See how easy BrandX is to use with the safety and security of our FREE Trial. This Free trial allows you to try our superior service with zero risk. You must cancel your account before the end of the trial period to avoid being charged the monthly fee.

Your Responsibilities
In your use of the Service, you are responsible for providing all equipment, such as a telephone, telephone lines and the like. BrandX service is unlimited. However, you will incur long distance charges that are not billed by us and are your responsibility.

Conditions of Use
You will: (a) not use the Service for any illegal purposes; (b) not violate any law, statute, ordinance or regulation; (C) not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service; (e) comply with all regulations, policies and procedures of networks through which You access and use the Service; and (f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.

Billing Policies
All monies are in US Funds. Charges begin on the day your free trial, if any, ends, which may be different from the day you first used the service. Your anniversary date is the day your free trial, if any, ends. If you sign up on the 16th of the month (or your free trial, if any, ends on the 16th of the month), then your anniversary date is the 16th of the month. Of course if you pay annually, your anniversary date only comes around once per year. We only allow monthly payments if using a credit card. If you pay by check, payment is due no later than your anniversary date. If you are set up on automatic credit/debit card or the like, then we will attempt to charge your method of payment approximately seven days prior to your anniversary date. If your method of payment is declined, then we will attempt to charge again on or about your actual anniversary date. If your method of payment is declined a second time, we will attempt to charge your method of payment on or about fifteen days after your anniversary date. If your method of payment is declined on that third attempt, then your account will be suspended or terminated. We reserve the right to suspend or terminate your account at any time when payment is not received by the earliest due date. Your account will be assessed a $1 fee for each declined credit/debit card attempt. Returned checks are subject to a collection fee of not less than $25. All charges are considered valid unless disputed in writing, via US Mail or reputable overnight carrier, within sixty-days of the payment receipt date. Failure to use the account does not relieve you of payment obligations. By providing us with credit/debit card information or checking account information, you agree to allow us to charge or draft the periodic fee from your account. By giving us your credit/debit card information, you grant us permission to modify the expiration date in order to successfully collect payment from you. Under no circumstances, will we be responsible for non-sufficient funds fees or any other fees or charges imposed by your banking institution or any other organization or company. If you fail to pay us, then we reserve the right to suspend or terminate your service until you pay us. Money paid to us is not refundable. Your account is not cancelled until you cancel your account with us and receive a cancellation confirmation from us. Charges will continue to accrue until you cancel your account and receive the cancellation confirmation from us. Our suspension of your account is not a cancellation of your account. Once an account is suspended or terminated, we do not guarantee that we or you will ever be able to retrieve any data, including records, about your account or calls. Suspension or termination does not relieve you of the responsibility and obligation for the payment of all accrued charges and any collections fees. In addition to all amounts owed, a fee of $25 is charged to reinstate a suspended or terminated account. Every time you make a purchase or use our services, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your Account for payment; and (iii) you will be responsible for such charges incurred, even if your account is canceled, suspended or terminated. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends). We reserve the right to assess an additional 1.5 percent (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due. We reserve the right to use alternate means to collect any unpaid charges. You are liable for any fees, including, but not limited to, attorney and collection fees incurred by us in our efforts to collect any remaining balances from you.

Cancellation
You can cancel at anytime. We will process your cancellation within three business days and send you an email confirmation of the cancellation. Notwithstanding any other terms of this TOSA, your account is not cancelled until you receive said email confirmation confirming your account is cancelled. Keep this email confirmation as your proof that the account was cancelled. Remember, your account is NOT cancelled and charges and/or accumulated charges continue to accrue until you receive the email cancellation confirmation.
We may terminate or suspend your account at anytime for any reason without prior notice. If we terminate your account, we will issue the appropriate refund. However, no refund will be issued in the event the termination or suspension was due to your violation of any term(s) of this TOSA. We will only suspend or terminate your account if we have good reason. Of course, we get to decide what a good reason is. However, keep in mind, we like customers. We want customers. Without customers, we don’t make any money. We have no reason to suspend or terminate your account unless you are doing something that is not good.
Upon cancellation, termination or suspension, whether by you or us, we may, at our sole option delete your data and your data will become irrevocably irretrievable.

Any abuse of our staff will result in the immediate suspension or termination of your account and no refund will be issued.

Information Requests
We reserve the right and you grant us permission to provide information to any governmental agency that requests such information.

Limitation of Liability
Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from User's use or inability to use the Service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this TOSA, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term. If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of ours in operating the Service, User's sole and exclusive remedy is to discontinue using the Service and to cancel their account. Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold us, our affiliates, licensees, contractors and their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation incurred or suffered by us, our licensees, affiliates, contractors, and their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this TOSA by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify us in writing of any claim of which it is obligated under this TOSA. We shall have the right to assume the defense of any such claim. We and User shall confer as to and agree on the legal counsel(s) to be selected in any such defense. In no case, shall our liability or any penalty, fine or the like, imposed on us, by any authority, exceed the amount paid to us by you.
Customer agrees that it shall defend, indemnify, save and hold BrandX harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BrandX, its agents, customers, officers and/or employees, that may arise or result from any service provided or performed or agreed to be performed or any products sold by customer, its agents employees or assigns. Customer agrees to defend, indemnify and hold harmless BrandX against liabilities arising out of: 1) any injury to personal property caused by any products sold or otherwise distributed in connection with BrandX’s service; 2) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; 3) Copyright infringement and; 4) any defective products sold to customer from BrandX’s service.

Scope of Support
For the products and services you purchase from us, our goal is to provide the best support you have ever had from any company.

Network and Security
You are expressly forbidden to violate or attempt to violate our security. If you violate this policy, then we will investigate and we will turn results over to the appropriate law enforcement agency. We may also allow the proper law enforcement agency to assist or conduct the investigation. You are responsible for your account. You are responsible for the security of your username, password, PINs and the like. You are responsible for all actions taken under your account. When communicating with us, you give us express permission to review all aspects of your account.

Your Information
You will always provide us with truthful and accurate information, including, but not limited to: your name; your full address; your contact phone number; your email address; and, your accurate payment information, such as, but not limited to, credit card information. It is your responsibility to provide us with a valid email address. It is your responsibility to ensure the email address and all other information on file is current and up to date at all times.

Notices
Any notice under this Agreement given by us to You will be deemed to be properly given if sent by email to Your email address as set forth in the Registration Information or by written communication mailed by first class U.S. mail to Your address on record in the Registration Information. If the change is of a generic nature, then we may post the change as a modification to this Agreement and post that new modified agreement on our website.

Miscellaneous
In the event that any portion of this TOSA is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Our failure to insist upon or enforce strict performance of any provisions of this TOSA shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this TOSA. All correspondence and contents of any and all correspondence between us and you be it by newsletter, phone, email or any other method, is considered private and confidential and may not be disclosed by you to any third party for any reason whatsoever. Customer agrees to pay a $100 per incident penalty for each violation. Customer agrees to allow BrandX to charge customer’s method of payment for said penalty(s). We may modify this TOSA from time to time by updating this page on our website, and User's continued use of the Service shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this TOSA has been modified. If User does not agree to any modification of this TOSA, User must immediately stop using the Service and cancel Service. Any cause of action User may have with respect to the Service must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. We shall not be liable or deemed to be in default for any delay or failure in performance under this TOSA or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control. In any action between us and User to enforce any of the terms of this TOSA, we shall be entitled to recover expenses, including reasonable attorney's fees. You agree to allow us to charge your method of payment for any penalties that may be imposed by us. You agree that all chargebacks are invalid, unless you first send us a certified letter giving us three weeks to respond to your inquiry. We may change or discontinue any or all of our services at any time without notice. This TOSA constitutes the entire agreement between User and us with respect to the Service. Nothing shall change this TOSA except posting a revised TOSA by us or a written signed document between us and you.

Electronic Contracting
Your affirmative act purchasing or registering for our service constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You agree that we may send to you in electronic form any privacy, disclosures or other notices about us, including without limitation, notices about changes to pricing or changes to this Agreement (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on our site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your account. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband). All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Assignment
We may assign this contract at any time without notice to you. You may not assign or transfer this contract without first obtaining our written permission, which shall not be unreasonably withheld

Disclaimer
BrandX will not be responsible for any damages you or your business may suffer. BrandX makes no warranties of any kind, expressed or implied for service we provide. BrandX disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by BrandX and/or its employees.

Failure to follow any term or condition of this TOSA will be grounds for immediate termination or suspension of your account by BrandX without prior notification to you. Said suspension or termination shall be decided in the sole opinion of BrandX.

Applicable Law
This Agreement is subject to and governed by the laws of the State of Maine. You agree that Courts of competent jurisdiction in Androscoggin County, Maine shall hear and decide all disputes.