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TERMS OF SERVICE |
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BRASTEL WEBSITE USER AGREEMENT
ANY PERSON ACCESSING THIS BRASTEL WEBSITE AGREES TO AND IS BOUND BY THE
FOLLOWING TERMS AND CONDITIONS:
1. All text, images and other materials found in this
Website are protected by the United States copyright laws. Any commercial use of the text,
images and other materials found in this Website is strictly prohibited, without the express
written consent of McBlue Telecom, Inc. Copyright. © 2003 Brastel. All Rights Reserved.
2. Brastel and McBlue are registered trademarks of
McBlue Telecom, Inc. or its subsidiaries and affiliates. All other trademarks and service marks,
if any, its products and services referenced herein are the property of their respective owners.
3. Certain areas of this Website allow for the
exchange of information between you, the USER, and Brastel. Any information submitted by the
USER becomes the property of Brastel, and the USER implicitly grants Brastel the authority and
right to use that content in accordance with Brastel privacy policies.
4. Although all reasonable attempts are made to ensure
the accuracy of the information, Brastel does not warrant that the content of this Website will
be error free or always updated. Neither Brastel, nor McBlue Telecom, Inc., nor its information
contributors can be held responsible by USER for the accuracy of the information found in this
Website.
5. Brastel does not warrant that this Website will
operate without packet loss or interruption nor does Brastel warrant any connection to or any
transmission over the Internet. Accessibility to this Website is subject to the capacity of
servers, networks and Internet connections.
6. The USER assumes all responsibility for the use of
this Website and waives all claims against Brastel, McBlue Telecom, Inc., its officers,
directors, employees, suppliers and programmers that may arise from the utilization of this
Website.
7. Some links on this Website may enable the USER to
enter other sites. The linked sites are not under the control of Brastel and Brastel is not
responsible for the contents of any linked site or any link contained in a linked site, or any
changes or updates to such sites. Brastel provides links, if any, only as a convenience, and the
inclusion of any link does not imply endorsement by Brastel of the linked site.
Any questions that you have about this agreement can be forwarded to:
BRASTEL
15910 VENTURA BLVD STE 1500
ENCINO CA 91436
TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
These TERMS OF SERVICE APPLY EXCLUSIVELY TO BRASTEL SERVICE SOLD IN THE
UNITED STATES, and shall supersede any other terms and conditions with respect to that service.
Brastel International Calling Service, Brastel Smart Phonecard, Brastel Service,
10-10-310 Access, 800 Access, Economic Access, 10-10-310 Service, 800 Service and Economic
Service, collectively Service, is a service provided by McBlue Telecom, Inc. BY REGISTERING,
ENROLLING IN, USING, OR PAYING FOR BRASTEL SERVICE, YOU AGREE TO THE RATES, CHARGES, AND TERMS
AND CONDITIONS OF THE SERVICE. IF THESE TERMS OF SERVICE ARE NOT ACCEPTABLE TO YOU, DO NOT USE
THE SERVICE.
For purposes of these TERMS OF SERVICE, “you” means the Customer, defined as (i)
any person or entity that used, registered, enrolled in or paid for Brastel Service; or (ii) any
other person with actual or apparent authority to represent that person or entity or to use the
service.
Brastel may change these TERMS OF SERVICE at any time. Rates and charges are subject to
change without prior notice, and will become effective immediately. Brastel will make all
reasonable efforts in making TERMS OF SERVICE and rate changes available to the public in
advance of such changes. CUSTOMER shall be responsible for adhering to any new policies
implemented by Brastel.
These TERMS OF SERVICE cover Brastel Service and all charges. Rates and charges for
calls and terms and conditions associated with such calls can be found in this Website or by
calling Brastel Customer Service toll-free at 1-888-862-7278.
1.SERVICE
Brastel Service allows you to place domestic and international long distance calls from
any location from which the caller can enter the appropriate account identification number(s) to
any destination points offered by Brastel. Brastel Services offered 24 hours a day, seven days a
week to all valid terminating locations and is available to individuals and businesses that
demonstrate credit-worthiness, except hospitals, hotels and inmate facilities.
Users can place calls by using one of the following accesses provided by Brastel:
a) 10-10-310 Access (available only in California, Florida and
New York )
This access permits users to place calls via switched access lines by dialing 10-10-310
followed by the complete destination telephone number. This access is available from residential
lines and, in some cases, from business lines, except from hospitals, payphones, mobile phones,
hotels and inmate facilities.
10-10-310 Access requires that your telephone number(s) be registered with Brastel.
b) 800 Access (available anywhere in the U.S. and Canada )
c) Economic Access (available anywhere in the U.S. )
This access permits users to place calls by dialing a regular US Brastel telephone
number, then entering an account identification number (Access Code) and the destination
telephone number being called. This access is available from mobile, residential and business
lines. This access permits subscribers utilizing Brastel Service to make calls from virtually
any touch-tone telephone, except from inmate facilities. However, calls to Brastel Economic
Access numbers may be subjected to charges imposed by your local, long-distance and mobile phone
company, and may NOT be suitable to all customers. Economic Access rates DO NOT include any
charges imposed by your local, long-distance and mobile phone company. Brastel suggests that you
confirm with your local, long-distance or mobile phone company the charges, if any, for a call
to our Economic Access number. NO REFUNDS AND/OR CREDITS WILL BE ISSUED IF YOUR LOCAL, LONG
DISTANCE OR MOBILE PHONE COMPANY BILLS YOU FOR CALLS TO OUR ECONOMIC ACCESS NUMBERS.
After accessing Brastel Service by any way mentioned above, the user is prompted
by an
automated voice response system to enter his/her Access Code, or Brastel system
will automatically identify the user if he/she registered the originating
telephone number with Brastel. Brastel system tracks the call duration on a real
time basis to determine the charges. All charges for each call are deducted from
the remaining balance on the Customer's Brastel account.
Customers can register telephone numbers from which they usually originate calls with
Brastel. Registering a telephone number allows Brastel Service to automatically identify the
corresponding account so that the user does not need to enter his/her Access Code to use the
service.
Brastel is not responsible for the use of your ACCOUNT, Access Code or registered
telephone number by third parties without your consent. Brastel is not responsible for THE LOSS,
THEFT OR UNAUTHORIZED USE OF YOUR BRASTEL SMART PHONECARD OR CARD NUMBER.
Use
Services provided under these TERMS OF SERVICE may be used by the
Customer and his or her authorized user(s) for any lawful telecommunications purpose for which
the service is technically suited.
a) All services provided under these TERMS OF SERVICE are directly or indirectly
controlled by Brastel. If the Customer authorizes, transfers or assigns the use of services to
another user(s), all terms and conditions contained in these TERMS OF SERVICE shall apply to all
such permitted transferees or assignees, as well as all conditions of service.
Limitations
b) Service is offered subject to the availability of the
necessary facilities or equipment, or both facilities and equipment, and subject to the
provisions of these TERMS OF SERVICE.
c) Brastel reserves the right to discontinue service when necessitated
by conditions beyond its control, or when the Customer is using the service in violation of the
provisions of these TERMS OF SERVICE, or in violation of the law.
d) Brastel does not undertake to transmit messages, but offers the use
of its facilities when available, and will not be liable for errors in transmission or for
failure to establish connection.
e) Foreign Telecommunications Administrations may impose upon the
portion of the end-to-end international service or facilities which they provide certain
limitations, prohibitions or restrictions which may have the effect of limiting the ability of
Customers to utilize the service furnished by Brastel. It is the responsibility of the Customer
to confirm any limitations, prohibitions or restrictions imposed by the Foreign
Telecommunications Administration.
f) Service may be discontinued by Brastel, without notice to the
Customer, 1) by blocking traffic to or from certain countries, cities, NXX exchanges, or
individual telephone stations or 2) by blocking calls using certain Access Codes, when Brastel
deems it necessary to take such action to prevent fraud, unlawful use of, or nonpayment for its
service. Brastel may restore service as soon as it can be provided without undue risk, and will,
upon request by the affected Customer, assign new access codes to replace those codes that have
been deactivated.
g) In order to control fraud, Brastel may refuse to accept any calls
which it determines to be invalid and/or may limit the use of some billing options to or from
certain countries or areas, including all or part of the United States, Puerto Rico and the U.S.
Virgin Islands.
BRASTEL MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICE AND
DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT.
BRASTEL DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON ITS BEHALF AND YOU MAY NOT RELY ON ANY
STATEMENT OF WARRANTY AS A WARRANTY BY BRASTEL.
2. CHARGES, BILLING AND PAYMENT FOR SERVICE
Brastel Service is a prepaid service and is charged based on usage computed from Brastel rates.
Brastel rates apply for all times of the day and all days of the week, including holidays. Rates
vary by access, origination and destination and are subject to change without prior notice.
Responsibility for Charges
a) The Customer is responsible for the payment of all charges for
services furnished by Brastel to the Customer. This responsibility is not changed by virtue of
any use, misuse, or abuse of your service undertaken or caused by third parties. You are
responsible for payments made to anyone other than directly to Brastel or to an authorized
Brastel payment agent. An authorized Brastel payment agent is a third party expressly authorized
by Brastel to accept and forward payments to Brastel.
b) Any objections to billed charges must be promptly reported by the
Customer to Brastel, otherwise the charges shall be considered correct and binding upon the
Customer. Billing adjustments shall be made to the extent that circumstances exist which
reasonably indicates that such changes are appropriate.
Timing of Calls
a) Initial Period – The initial period is the length of a call for
minimum billing purposes.
Minimum call duration period is 1 minute.
b) Additional Period – The additional period is the additional
chargeable time when a call continues beyond the initial period. Additional period is timed in 1-minute increments.
Chargeable time for all calls begins when the called station is answered, as determined by
standard industry methods generally in use, and ends when one of the parties disconnects from
the call.
For billing purposes, call timing is rounded up to the next full billing increment after the
initial period. All calls are billed in 6-second increments after the Initial Period.
Taxes, Surcharges and Fees
Brastel’s charges for services provided to you DO NOT include:
a) applicable federal, state and local sales, use, excise, utility,
gross receipts and value added taxes;
b) any tax imposed by an authority on the benefits of a promotion
offered by Brastel involving services or goods of a third party;
c) other taxes;
d) tax-like charges to recover amounts Brastel is required by a
governmental or quasi-governmental authority to collect from others or pay to others in support
of statutory or regulatory funds or programs; and;
e) amounts Brastel is required or permitted by governmental or quasi-
governmental authorities to collect from others or pay to others in support of statutory or
regulatory funds, fees, or programs. Examples of such charges include, but are not limited to,
payphone compensation, Universal Service Fund, and utility fees imposed on communications
providers;
f) other tax-like charges, surcharges and fees;
All taxes, tax-like charges, tax-related surcharges and fees are referred to collectively as
“Tax(es)”. Brastel reserves the right to bill the Customer’s account any and all applicable
Taxes in addition to normal rates and charges for services provided to the Customer. Such Taxes
are listed as a separate item and are not included in the usage rates.
Customer agrees to pay all Taxes imposed. If Brastel has collected Taxes and a challenged Tax is
found to have been invalid and unenforceable, Brastel, in its sole discretion, will either
reduce service rates for a fixed period of time in the future in order to flow-through to
customers an amount equivalent to the amounts collected, or it will credit such amounts to the
accounts of affected customers (less its reasonable administrative costs), if the amounts
collected were retained by Brastel or if they were delivered to the jurisdiction and returned to
Brastel, or it will negotiate an arrangement with the jurisdiction to provide a future benefit
for usage in that jurisdiction.
Brastel system tracks the call duration on a real time basis to determine the charges. All
service usage and applicable Taxes must be charged against a Brastel account that has sufficient
balance. A customer's call will be interrupted with an announcement when the balance is about to
be depleted. Brastel will terminate all calls in progress if the balance on the account is
insufficient to continue the call.
If billing systems or other support are not available or fail to charge for service usage,
applicable taxes, surcharges and fees or other charge elements at the time of service provision,
Brastel will bill for that charge as soon as it is capable of doing so.
CHARGES FOR COMPLETED CALLS ARE NOT REFUNDED UNDER ANY CIRCUMSTANCES.
Payment for Service
a) Brastel Service is a prepaid service. Customer must pay in advance
to add funds to his/her account (recharge) and maintain enough funds to use the service. All
usage and applicable taxes, surcharges and fees for each call are charged against the Customer
account.
b) Customer’s payments must be made by:
1. Credit or debit card acceptable by Brastel.
2. Check or Money Order acceptable by Brastel.
3. PayPal
c) All payments shall be made in United States dollars.
d) All payments are subject to a verification process.
e) Customer can "recharge" the balance on his/her account by:
· Calling Brastel Customer Service.
· Mailing the appropriate form to:
BRASTEL
15910 VENTURA BLVD STE 1500
ENCINO CA 91436
· Faxing the appropriate form to 1-413-473-9183.
· Visiting Brastel’s Website (requires Online ID provided by Brastel).
· Setting up AUTO-RECHARGE. This service will automatically recharge the
account according to the Customer's choice of a recharge amount and a date or a minimum account
balance.
f) Customer (Cardholder/Account Holder) shall authorize Brastel to
charge the Customer’s credit card, debit card, PayPal or bank account.
g) Customer must promptly notify Brastel of any change in his/her
credit/debit card or bank account used for payments. Customer should notify Brastel via Customer
Service or mail or online at Brastel’s Website (requires Online ID provided by Brastel).
h) Unpaid charges, if any, are due by the Customer and payable upon
demand to Brastel or any authorized agent duly to receive such payments.
i) In the event payment is made by personal check and your check is
not honored by the institution on which it was drawn, Brastel will impose, and you will be
required to pay, a $25.00 fee, where permitted by applicable law, in addition to other remedies
available to Brastel.
j) Brastel reserves the right to assess a late payment fee of 1.5%
per month on any past due balance.
k) Payments are not refundable.
l) If Brastel hires a collection agency to collect, or attempt to
collect, any charges owed Brastel, you will be liable to Brastel for an additional payment equal
to 35 percent of the charges owed, where permitted by applicable law. If Brastel incurs any fees
or expenses, including attorneys’ fees, in collecting, or attempting to collect, any charges
owed Brastel other than by hiring a collection agency, you will be liable to Brastel for the
payment of all such fees and expenses reasonably incurred
Due to our verification process, all funds may not be available for immediate use.
An account will expire after 3 years of inactivity and all corresponding access codes will be
deleted from Brastel’s database. BRASTEL will not refund any unused account balance.
Promotional Offerings
From time to time Brastel shall, at its option, promote subscriptions or stimulate usage by
offering to waive or discount some charges for the Customer (if eligible). Such promotions shall
be offered for a limited duration and shall be made available to all similarly situated
customers in the target market area.
3. SERVICE CANCELLATION OR DISCONTINUANCE
Cancellation by the Customer
Customer may terminate Brastel Service by simply stopping accessing it and using his/her Access
Code. Brastel shall hold the Customer responsible for payment of all charges for service
furnished until the termination. Brastel may render bills to the Customer subsequent to the
termination of service for charges incurred before termination. Credits remaining on the
Customer account, if any, will not be refunded.
Upon termination, CUSTOMER IS THE SOLE RESPONSIBLE FOR UNREGISTERING ALL HIS/HER TELEPHONE
NUMBERS PREVIOUSLY REGISTERED WITH BRASTEL, IF ANY. BRASTEL IS NOT RESPONSIBLE FOR THE USE OF
YOUR ACCOUNT, ACCESS CODE OR REGISTERED TELEPHONE NUMBERS BY THIRD PARTIES WITHOUT YOUR CONSENT.
Refusal or Discontinuance by Brastel
Service continues to be provided until terminated by the Customer or until discontinued by
Brastel as set forth bellow. For Nonpayment: Brastel, in accordance with applicable law, may
discontinue service or cancel an application for service without incurring any liability when
there is an unpaid balance that is overdue.
a) For Credit/Debit Card Decline: The Customer whose credit or debit
card is declined for any reason, after 2 attempts of processing charges, shall be subjected to
discontinuance of service.
b) If Brastel deems that such action is necessary to prevent or to
protect against any type of fraud or to protect Brastel’s personnel, agents, facilities, or
services.
c) For Lack of Use: Brastel will discontinue service if the service
has not been used by the Customer for 3 years or more.
Brastel may render bills subsequent to the termination of service for charges incurred before
termination.
In case of service discontinuance, BRASTEL will not refund any unused account balance.
TERMS OF SERVICE
Brastel reserves the right to refuse service to any Customers if it deems that such action is
necessary to prevent or to protect against any type of fraud or to protect Brastel’s personnel,
agents, facilities, or services.
4. LIABILITY
a) Brastel will not be liable for any failure of performance due to
causes beyond its control, including, but not limited to, acts of God, fires, floods or other
catastrophes; national emergencies, insurrections, riots or wars, terrorist acts, strikes,
lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other
action of any governing authority or agency.
b) Brastel will not be liable for claim or loss, expense or damage
(including indirect, special or consequential damage), for any interruption, delay, error,
omission or defect in any service or transmission provided under these TERMS OF SERVICE, if
caused by any person or entity other than Brastel, by any malfunction of any service or facility
provided by any other carrier, or by any other cause beyond Brastel’s control.
c) Brastel will not be liable for any act or omission of any other
company or companies furnishing a portion of the service, or from any act or omission of a third
party, including those vendors participating in Brastel offerings made to you, or for damages
associated with service, channels, or equipment that it does not furnish, or for damages that
result from the operation of customer provided systems, equipment, facilities or services that
are interconnected with Brastel services.
d) IN NO EVENT WILL BRASTEL BE LIABLE TO YOU FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING
LOST PROFITS (WHETHER OR NOT BRASTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT.
e) Brastel shall not be liable for, and shall be fully indemnified and
held harmless by the Customer against any claim or loss, expense or damage (including indirect
or consequential damage) for defamation, libel, slander, invasion, infringement of copyright or
patent, unauthorized use of any trademark, trade name or service mark, unfair competition,
interference with or misappropriation or violation of any contract, proprietary or creative
right, or any other injury to any person, property or entity arising out of the material, data,
information, or other content revealed or transmitted via Brastel Service; or for any act or
omission of the Customer.
f) Brastel's liability, if any, for its willful misconduct is not
limited by these TERMS OF SERVICE. With respect to any other claim or suit, by a Customer or by
any others, for damages associated with the provision of the Service, Brastel’s liability, if
any, shall not exceed an amount equal to the initial period charge provided under these TERMS OF
SERVICE for the call for the period during which the call was affected.
In the event that CUSTOMER breaches any of the terms and conditions of
use set forth herein, Brastel may immediately terminate Customer’s account and seek any and all
necessary relief. This agreement shall be construed according to the laws of the State of
California . CUSTOMER agrees to submit to the exclusive jurisdiction of State of California
.
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