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Terms of Service and Conditions

THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEBSITE AND/OR PURCHASING ANY PRODUCT ON THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THESE TERMS AND CONDITIONS. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE CONTINUING USE OF THIS WEBSITE OR BEFORE PURCHASING AND/OR USING PRODUCTS AND SERVICES ON THIS WEBSITE.

Parties:
This Agreement is entered into between any visitor to this website and any party purchasing products listed on this website ("User"), and this website yoxtel.com, owned and operated by Yoxtel, LLC, a New Jersey limited liability company. All references to "company",“services”, "website" or "site" shall be construed to mean Yoxtel Services.

Acceptance of Terms:
By accessing the web site www.yoxtel.com and/or opening an account for yoxtel calling services , you agree to be bound by these terms of service including Yoxtel’s privacy policy provided at the Site (the “Privacy Policy”), and any additional terms on the Site. If you do not agree to the Terms of Service and conditions, you may not activate or use the Yoxtel Services. Yoxtel may without notice renew, modify or amend the Terms of Service and Conditions from time to time. If you continue to use the Yoxtel Services you accept such amendments.

Third Party Services:
Your access to and use of any service provided by a third party service or content provider, including but not limited to your land line or mobile phone operator ("Provider"), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such provider service you will still be bound by these terms of service to the extent they are applicable. As soon as your call is connected to a phone number provided by Yoxtel, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).

Sign up Information:
You agree to provide true, accurate, current and complete information in all fields when registering for the Yoxtel Services, as well as any additional information provided or any amendments made by you. . You are responsible for all actions that take place as a result of access to or use of the Yoxtel Services via your account PIN and/or via your mobile phone (“Device”) independently of whether the access was made by yourself or by a someone else using your account PIN and/or Device.

Unauthorized Use or Stolen Device:
If your Device is stolen or if you become aware of unauthorized use of the Yoxtel Services you must notify us immediately to suspend the Yoxtel Service. You are responsible for all charges to your account with Yoxtel (“Account”) until the Yoxtel Services are suspended. We have the right to change your PIN and account name at any time in our sole discretion and without notice.

Use of the Yoxtel Services:
We grant you a non-exclusive, non-transferable right to view and use the Yoxtel Services and the Content (as defined below) for and subject to your compliance with these Terms of Service and Conditions.

Unlawful or Prohibited Use:
You expressly acknowledge and agree to use any Yoxtel Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication, (c) use any yoxtel service in any fraudulent way, (d) submit or post to the Site or expose any third party to material which infringe any third party’s intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in yoxtel’s sole discretion, is objectionable. Furthermore, you may not submit or publish any material that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer and you may not use any yoxtel service in any manner that could damage, disable, overburden, or impair any yoxtel server, or the network(s) connected to any yoxtel server, or interfere with any other party's use and enjoyment of the yoxtel services.

Submission of information to Yoxtel:
In the course of using the Yoxtel Service, users may provide information about themselves which may be visible to certain other users (see the Privacy Policy to learn more about information collected on this Site). You understand that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to Yoxtel you are granting Yoxtel a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the Yoxtel Services. Furthermore, you understand that Yoxtel retains the right to reformat, excerpt, or translate any materials submitted by you.

Disclosure of information:
Yoxtel reserves the right at all times to disclose any information as Yoxtel deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Yoxtel's sole discretion.

Representations and Warranties:
This website and the products on this site is provided "as-is" with no representations or warranties of any kind and as such disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Yoxtel shall endeavor to provide the Calling Services with minimum disruptions. Yoxtel cannot guarantee that the Yoxtel Services will always function without disruptions, delay or other imperfections and Yoxtel may choose not to provide service to countries or calling areas at its sole discretion. Since the Yoxtel Services will be transmitted through public Internet lines and the public switched telephone network, you understand that there may be power outages or Internet service disruption and you may experience some disruptions in the Yoxtel Services, e.g. when a call cannot connect to intended destination point. Additionally, you also understand that calls, SMS, etc.  to or from the public switched telephone network are not encrypted and as such, could be potentially subject to sniffing/monitoring by law enforcement officials or other third parties over the public Internet. Yoxtel will not be liable for any disruption, delays, sniffing or other omissions on Yoxtel Services.

Suspension and interruption of Service:
Yoxtel shall, without any liability, may refuse, restrict, limit, suspend and/or interrupt the Yoxtel Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Yoxtel Services or for any of the reasons for termination set forth below in these Terms of Service and Conditions. In addition, at any time Yoxtel may prevent use of the Yoxtel Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.

Communication:
The content of the communication is entirely the responsibility of persons involved in the communication whether between two or more parties. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Yoxtel will not be liable for any type of communication spread by means of the Yoxtel Services.

No Emergency Call Support:
The Yoxtel Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Yoxtel will not be liable in any manner for such calls. It is your responsibility to inform any persons you have authorized to use your account or device that Yoxtel Services does not support emergency calls.

No FAX messages Support:
The access numbers or phone numbers provided by Yoxtel do not and are not intended to support FAX except as expressly stated on the Site.

Access Phone Numbers Provided by Yoxtel:
You expressly acknowledge and agree that any phone number(s) provided to you by Yoxtel are Yoxtel property and the said numbers may be shared by multiple end-users. This means, without limitation, that you may not port-out any such Yoxtel phone number to any third party. Yoxtel reserves the right to add or remove any those phone numbers at any time without prior notice.

Intellectual property rights:
All copyrights, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Yoxtel Services ("Site") is either owned by Yoxtel or has been licensed to Yoxtel by the rights owner(s) for use as part of the Yoxtel Services. All rights are expressly reserved. Furthermore, Yoxtel has the right to remove any materials posted to the Site in its sole discretion.

Payment:
In order to use Yoxtel Services, you need to purchase and add credit to your yoxtel account. You can make payment either through yoxtel customer web portal or by purchasing yoxtel voucher refill card from any retail store.

Rates:
The rates for the Yoxtel Services are published on the Site. Yoxtel reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the Yoxtel Services, following the adjustments of the rates, you accept such adjustments.

Refund and Credit:
You may request for a refund by submitting a written request to Yoxtel’s customer services at www.yoxtel.com/contactus and select (“Refund”). As Yoxtel Services is a repaid calling service, your account must be closed or terminated for yoxtel to process refund for remaining balance on the account. Yoxtel, LLC will not process refund for account in fraud status or on hold for trouble. You may request for credit for calls that were billed but not connected. Send yoxtel an email by using www.yoxtel.com/contactus and select (“Credit”). Yoxtel shall review the call and credit your account if connection failure is due to yoxtel service. Yoxtel Service will not credit account if call was connected but destination party did not speak or the destination phone provider network was bad.

Account and receipt:
Yoxtel may provide an account history on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the Yoxtel Services. The Account History is the only statement of your Account that Yoxtel will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. Yoxtel will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Yoxtel.

Accounting errors:
If you believe that Yoxtel has charged your Account in error, you must submit a written request in English for refund by contacting Yoxtel’s customer services via www.yoxtel.com/contactus within 30 days after the date the error first appears on your Account History or within 60 days after the error occurred, whichever is the earlier.

Expiration of credits:
A credit balance for the Yoxtel Services on the Account expires 12 months of no activity. Credit balances not used after the said 12 months period will be lost.

Termination of Yoxtel Service:
If you breach any representations to us or fail to perform any of the undertakings you made in the Terms of Service and Conditions, or if you are subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws, you will be in default and we may, without notice to you, suspend the Yoxtel Services and/or terminate the Terms of Service and Conditions.

Cancellation of Yoxtel Services:
You may cancel the Yoxtel Services at any time. Unless otherwise stated herein, all Yoxtel Services will be cancelled from the Site or within 5 days of receipt of written notice from you to www.yoxtel.com/contactus

Limitation of Liability:
Yoxtel is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of the Yoxtel Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the Yoxtel Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Yoxtel Services. Yoxtel Services 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, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof. This paragraph shall survive termination of the Terms of Service Conditions.

Indemnity:
You agree to indemnify and hold Yoxtel and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys' fees, made by any third party due to or arising out of your (a) use of the Site or the Yoxtel Services including without limitation posting and submitting of any material, (b) connection to the Site or the Yoxtel Services, (c) violation of the Terms of Service, or (d) violation of any rights of another person or entity.

Applicable law and competent of court:
The Terms of Service and conditions shall be governed by and construed in accordance with the laws of United States of America without giving effect to the conflict of laws or provisions of United States of America or your actual state or country of residence. If any legal proceedings arising out of or relating to the Terms of Service and Conditions or your relationship with Yoxtel, LLC, you should first contact yoxtel customer cervice department. If you are unable to resolve the dispute with customer cervice, you agree that the exclusive forum for resolution shall be through to arbitration instead of court proceedings, trials, and class actions. Arbitration is final and binding. You agree that all disputes arising out of or related to these Terms and conditions (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted to the American Arbitration Association ("AAA"), for final and binding arbitration. For more information regarding AAA, you may visit its web site at www.adr.org. Any dispute or claim arising out of or relating to these Terms and conditions must be brought within one year after the date on which the basis for the dispute or claim first arises or the period of time provided by statute.

Entire Agreement:
These Terms of Service and Conditions represent the entire agreement between you and Yoxtel and supersedes all prior offers, contracts, agreements and representations. The Terms of Service and Conditions supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service and Conditions is found invalid, the balance remains enforceable.

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