Charges and Payments

General You agree to pay Us for the Products at the prices listed on our Website at the time of purchase.  The prices for the Products may also include additional fees, including, but not limited to, any applicable taxes.  All orders are subject to acceptance by Us. Price Changes, Rate and Fee Changes We may change the prices for the Products from time to time, and such changes will be effective from the time they are posted on our Website.  The terms and conditions of a Product, including the rates for calls made in conjunction with the use of any particular Product and the fees associated with the Product, are subject to change at any time without prior notice.  You may contact our Customer Service Representatives  if You have any questions about the Products, including the domestic or international long distance rates associated with a Product. Payments You must pay for Products at the time of purchase. Acceptable forms of payment include credit card, debit card and any other form of payment, may authorize in the future. We do not waive our right to collect the full amount due if Your form of payment is cancelled, disabled, discontinued or otherwise dishonored after Your purchase of any Product. Receiving and Securing Your Products Our company delivers the Products to you by email.  You must have a current, working email address in order to receive Products. You are responsible for preventing the unauthorized use of the Products, and You are responsible for any reduction in value of the Products arising out of either authorized or unauthorized use. Taxes You are responsible for and must pay any applicable taxes in connection with your purchase of the Products. Information Verification You give us permission to verify all information You provide, including, as applicable,  Your credit card information or debit card information, , along with Your email address and any other pertinent information which We request. Purchase Limits Our company may, in its sole discretion, limit the number of Products You buy at one time, or over a certain period of time.  We reserve the right to reject Your purchase if it exceeds any limit which We choose to impose. Returns Products are not returnable except with Our prior consent.   Suspending/Canceling a Product You agree not use the Products for any unlawful, abusive, or fraudulent purpose, including, for example, using the Products in a way that (1) interferes with our ability to provide Products to you or other customers; or (2) violates applicable law; or (3) avoids your obligation to pay for the Products.  If our company has reason to believe that you or someone else is abusing the Products or using them fraudulently or unlawfully, or if Your form of payment for the Products is cancelled, disabled, discontinued  or otherwise dishonored after Your purchase of any Product, We reserve the right to immediately suspend, restrict, deactivate or cancel the Products without advance notice.  In the event of suspension or cancellation of a Product due to any other afore-mentioned reasons,  You hereby agree to pay any and all outstanding charges for these Products and to reimburse Us for any reasonable cost We incur in securing said payment , including, but not limited to,  attorneys’ fees, court fees, and any other  collection-related cost.  UTA may impose restrictions on the form of payment You may use, or may refuse to sell You Products, if any of Your previous payments for Products has failed to result in our company receipt of the entire amount payable to Us in connection with such payment.  Our company  may from time to time discontinue selling certain Products and may stop selling Products, or if necessary, deactivate Products, immediately upon a determination by any governmental authority that the sale or servicing of such Products is contrary to any law, rule or regulation or upon Your violation of this Agreement or the Conditions of Use. Top Restrictions on Use; Intellectual Property All of our company and the Products’ trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively “Marks”) are the property of our company  or its affiliates and You shall have no right in or to the Marks or any right to use the Marks.  You are not permitted to commercially re-sell the Products or to print, produce, sell or distribute any telecommunication products that use or are based upon the Products, the telecommunication services provided with the Products and/or the Marks. Indemnification You agree that our company shall not be responsible for any third party claims against Us that arise from Your purchase or use of the Products.  Further, You agree to reimburse our company for all costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are based upon Our willful misconduct or gross negligence.  This provision will continue to remain in force after the Agreement expires or is otherwise terminated. Limitations of Liability This section describes Our responsibility for any claims for damages You may assert arising out of  the failure of the Products or any other claims You may assert in connection with the Products or with this Agreement.  If a Product You purchased is defective, You are entitled to an exchange, a full or partial refund or a credit allowance, as determined by our company in its sole discretion.  Except as otherwise provided in the preceding sentence, We and Our affiliates, agents, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Products, our company  Website and/or the telecommunication services underlying the Products, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory.  We will not be liable for any damages if the telecommunication services underlying the Products are interrupted, or if there is a problem with the interconnection of our Products with the products or equipment of some other party. This section will survive the expiration or termination of the Agreement.  Because some jurisdictions do not permit the exclusions or limitation of incidental or consequential damages, Our company liability in such jurisdictions shall be limited to the extent permitted by law. Warranties You acknowledge that (a) the Products are provided by Us “AS IS”, and (b) Our company  makes no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the Products.  All such warranties are hereby expressly excluded and disclaimed.  We also make no warranty that the Products will be uninterrupted or error free.  We do not authorize anyone, including, but not limited to, Our company employees, to make any warranties on Our behalf and You should not rely on any such statement.  Your use of the Products is solely at Your risk.  Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to You. Credit Allowances for Interruptions If an interruption or failure of Products is caused solely by our company and not by You or by a third party or by other causes beyond Our reasonable control, You may be entitled to a credit allowance as specified in this Agreement.   Miscellaneous No Third Party Rights This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Acts Beyond Our Control Neither You nor our company will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond, as applicable,  yours or our reasonable control. Assignment We can assign all or part of our rights or duties under this Agreement without notifying You.  If We elect to make such an assignment, We will have no further obligations to You under this Agreement or in connection with Your purchase or use of the Products.  You may not assign this Agreement without Our prior written consent. Notices Any notice from our company to You under this Agreement will be provided by one or more of the following:  posting our  Website, a recorded announcement on a Product, postcard, letter, or a call to a telephone number provided by You, or an e-mail to an e-mail address provided by you.  You may contact Us either by phone or by mail to: ITell telecom Brooklyn, NY 11232                 www.iTelltecom.com               Notice from You to Us is effective as of the date that Our records show that We received Your call or correspondence Separability If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable. Governing Law This Agreement will be governed by the law of the State of New Jersey, without regard to its choice of law rules.  This governing law provision applies no matter where You reside, or where You use, purchase  or pay for the Products. Entire Agreement This Agreement (which incorporates by reference the ITell telecom  Website) constitutes the entire agreement between You and UTA and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral.  This Agreement can be amended only as provided in the Changes to the Agreement section below.  No written or oral statement, advertisement, or Product description not expressly contained in the Agreement or the ITellt elecom Website will be allowed to contradict, explain, or supplement this Agreement or the Product description.  Neither You nor ITell telecom is relying on any representations or statements by the other party or any other person that is not included in this Agreement. Changes to the Agreement This Agreement may only be changed in the manner provided for in this section.  We may change this Agreement and the information contained elsewhere on the ITellt elecom Website from time to time.  All such changes will be effective at the time of posting on www.iTelltelecom.com.  You may also request a copy of the revised Agreement by email