Terms of Use
These Terms of Use constitute the agreement ("Agreement") between iNEX Connect LLC ("we," "us" or "iNEX Connect LLC")
and the user ("you," "user" or "Customer") of iNEX Connect LLC's Consumer communications services or
Business communications services and any related products or services ("Service"). This Agreement governs
both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone
Adapter or any other IP connection device, ("Device" or "Equipment") used in conjunction with the Service.
The iNEX Connect LLC Service, the software to utilize the Service and any Devices are also referred to
collectively as the "Materials". By activating the Service, you acknowledge that you have read and
understood, and you agree, to the terms and conditions of this Agreement, and you represent that you
are of legal age to enter this Agreement and become bound by its terms. If you have purchased the Service
or Equipment from any iNEX Connect LLC reseller or retail dealer, you will be deemed a "Retail Customer"
and will be governed by certain Retail Customer terms and conditions as set forth herein.
iNEX Connect LLC may modify the Materials, Services and Terms of Use at any time without notice and
such modifications shall be deemed effective immediately upon making such changes. Additionally,
when using particular Services or Materials, you shall be subject to all posted agreements, guidelines
or rules applicable to such Services or Materials that may contain terms and conditions in addition to
those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the
Terms of Use.
iNEX Connect LLC may maintain many different language versions of the Website, and in the event there is
any inconsistency between the English version of iNEX Connect LLC's Terms of Use, End User License Agreement
or Privacy Policy on the Website and any other language version, the English version shall be binding.
Service Description. The fundamental capabilities of iNEX Connect LLC services are to provide audio,
web-based, video, and other media based standard and enhanced communication features ("Services").
iNEX Connect LLC may, in its sole discretion, enhance and/or expand the features of the Services from time to
time. Customer shall provide all user information reasonably necessary to enable iNEX Connect LLC to create
user profiles for each user for whom Customer wishes to provide access to the Services pursuant to this
Agreement. Unless indicated otherwise, as indicated in the Rate Information of this Agreement or through a
separate agreement, the Services are charged by multiplying the number of minutes used by
Customer's per minute rate as indicated in Rate Information of this Agreement. Customer acknowledges that
it may use certain services or features that are not listed in the Rate Information of this Agreement and
Customer will be charged for such services and features based on iNEX Connect LLC's standard rate or through
Customer's sales representative. iNEX Connect LLC may change rates or add new rates at any time without
providing notice to Customer, however, any rates indicated in the Rate Information of this Agreement
will remain in effect for the term of this Agreement. iNEX Connect LLC reserves the right to reclaim
any dial-in numbers provided Customer for Services ("Dial-In Numbers") if such Dial-In Numbers are
"inactive" for a certain period of time as defined by each service. Inactive is defined as no usage on a
specific number/service. The Dial-In Number will be reassigned to the Customer, upon request, only if it
continues to be available. If the Dial-In Number is not available, Customer will be provided new dial-in
numbers.
Term. If a Customer account is offered on a prepaid basis, any balance remaining on such accounts
will expire a number of days from the date of activation of your account or your last payment to such
account, whichever is later. The number of days should be set as 180 days unless otherwsie set forth by each
individual service offering. If a Customer account is offered on a postpaid basis, the Customer will be billed
on a monthly basis as set
forth in the Payments, Billing and Taxes section. Customer is responsible for all monthly service charges and
minimum usage charges as agreed, if any, unless you provide iNEX Connect LLC written notice of non-renewal
at least ten (10) days before the end of the monthly term in which the notice is given. Expiration of the term
or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in
relation to the Agreement.
Termination/Discontinuance of Service. iNEX Connect LLC reserves the right to suspend or discontinue
providing the Service generally, or to terminate your Service, at any time in its sole discretion.
If iNEX Connect LLC discontinues providing the Service generally, or terminates your Service in its d
iscretion without a stated reason, you will only be responsible for charges accrued through the date of
termination, including a pro-rated portion of the final month's charges. If your Service is terminated for
any stated reason, including without limitation violation of this Agreement, or because of any improper use
of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the
Service or your acts or omissions that violate any acceptable use policy of iNEX Connect LLC or of a third
party provider to which iNEX Connect LLC is subject), you will be responsible for the full month's charges
to the end of the current term, including without limitation unbilled charges, plus any other outstanding
fees, all of which immediately become due and payable.
Service Security. iNEX Connect LLC utilizes industry-accepted measures and standards to maintain the
security and confidentiality of Customer's content and identifiable information. iNEX Connect LLC hosts
Customer content and information on a server that is secured by an authentication scheme and a firewall.
Customer acknowledges and agrees that iNEX Connect LLC cannot prevent and, therefore, is not responsible
for inadvertent security breaches. iNEX Connect LLC cannot and does not warrant or guarantee that third
parties will not intercept, interfere with, or access in an unauthorized manner, information or
communications sent or received as part of the Services contemplated under this Agreement. If a service
offers the use of recording or taping, its use may subject Customer to State or Federal laws or regulations
(e.g., regarding the notification to participants of the use of these features). iNEX Connect LLC does not
assume the responsibility for any required notification to any participants of the Services.
Payments, Billing and TaxesPayments. iNEX Connect LLC accepts payments by credit card as set forth in the Billing Section as well
as other means as described more fully on the Website. If you use a credit card, you authorizes
iNEX Connect LLC to charge the credit card account number on file with iNEX Connect LLC,
including any changed information given iNEX Connect LLC if the card expires or is replaced, or if you
substitute a different card, for iNEX Connect LLC charges. This authorization will remain valid
until 30 days after iNEX Connect LLC receives your written notice terminating iNEX Connect LLC's authority
to charge your credit card, whereupon iNEX Connect LLC will charge you and any other outstanding fees and
charges and terminate the Service. iNEX Connect LLC may terminate your Service at any time in its sole
discretion, if any charge to your credit card on file with iNEX Connect LLC is declined or reversed,
your credit card expires and you have not provided iNEX Connect LLC with a valid replacement credit card
or in case of any other non-payment of account charges. Termination of Service for declined or expired card,
reversed charges or non-payment leaves you FULLY LIABLE to iNEX Connect LLC for ALL CHARGES ACCRUED BEFORE
TERMINATION and for all costs incurred by iNEX Connect LLC in collecting such amounts, such as
(but not limited to) collection costs and attorney's fees
Billing. You must give us a valid credit card number (Visa, MasterCard, Discover, American Express
or any other issuer then-accepted by iNEX Connect LLC) when the Service is activated. iNEX Connect LLC reserves
the right to stop accepting credit cards from one or more issuers. If the card expires, you close your
account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you
must advise iNEX Connect LLC at once.
For prepaid Customers, we will bill you in advance to your credit card. For postpaid Customers, we will
invoice you for the total monthly charges on a monthly basis. These charges include but are not limited to
service usage charges, applicable taxes, surcharges, activation fees, monthly Service fees, minimum usage
charges, international usage charges, advanced feature charges, equipment purchases, disconnect fees and
shipping and handling charges. Postpaid payment will be due thirty (30) days from date of invoice.
Unpaid invoices will be subject to a monthly service charge of 1.5% of the outstanding balance or the
maximum legally allowable interest rate, whichever is lower. Customer must notify iNEX Connect LLC of any
disputed charges within twenty (20) days from the date of the invoice, otherwise Customer will be deemed to
agree to such charges and iNEX Connect LLC will not be subject to making adjustments to charges or invoices.
Unpaid Charges. In the event charges due are not paid in full, for any reason, within thirty (30)
days from the Invoice date, iNEX Connect LLC shall have the right to suspend all or any portion of the
Services until such time as Customer has paid all undisputed charges then due to iNEX Connect LLC, including
any applicable late fees. Following such payment, iNEX Connect LLC shall reinstate Services to Customer only
upon the provision by such Customer to iNEX Connect LLC of satisfactory assurance of Customer's ability to
pay for Services and advance payment of any cost of re-instituting Services. Such suspension shall not
relieve Customer of payment liability for all undisputed charges accrued through the date of such
suspension, and shall not relieve Customer of any applicable Minimum Annual Commitment.
Taxes. Customer shall pay all applicable federal, state, county, local or other governmental taxes,
fees, duties, tolls or other charges now or hereafter imposed that are attributable to the Services and
included on Customer's invoices.
Trademarks and Trade Names. Other than use of materials and point-of-sale items supplied by
iNEX Connect LLC, Customer has no right or license to use any of the trademarks or trade names owned by,
licensed to or associated with iNEX Connect LLC (the "Marks") during the Term of this Agreement without
express written consent from iNEX Connect LLC. Despite prior approval, Customer will immediately cease
using the Marks upon notice from iNEX Connect LLC or upon termination of this Agreement for any reason.
Any use by Customer of the Marks other than as described above will constitute a breach of this Agreement
for which, in additional to any other remedies available at law or in equity, iNEX Connect LLC may
terminate this Agreement.
Responsibility of Account Number and Password. Customer is responsible for all uses of the Services
in association with Customer's account, whether or not authorized by Customer. Customer is responsible for
maintaining the confidentiality of Customer's account and owner numbers and necessary conference codes,
passwords and personal identification numbers used in conjunction with the Services. Customer agrees
to immediately notify iNEX Connect LLC of any unauthorized use of Customer's account of which Customer
becomes aware.
Responsibility for Content of Communication. Customer is the sole owner of content and is solely
responsible for the content of all communications (visual, written or audible) using Customer's account.
Customer will not use Services to send unsolicited mass mailings, surveys, pyramid schemes, chain letters,
or contests outside Customer's company or organization or to any person who has not given specified
permission to be included in such a process (commercial or otherwise). Customer agrees not to use Services
to communicate any message or material that is harassing, trade libelous, unlawfully threatening, obscene
or harmful to minors, or is otherwise unlawful that would give rise to civil liability, is defamatory or
that constitutes or encourages conduct that could constitute criminal offense under any applicable law or
regulation. Although iNEX Connect LLC is not responsible for any such communications, iNEX Connect LLC may
suspend any such communications of which iNEX Connect LLC is made aware of and provide prompt notice to
Customer. Customer acknowledges and agrees that iNEX Connect LLC does not control or monitor Customer's
content nor guarantee the accuracy, integrity, security or quality of Customer's content.
Privacy. iNEX Connect LLC's Privacy statement may be found on iNEX Connect LLC's website. Please consult
it to learn iNEX Connect LLC's current practices with respect to Customer's privacy.
Limited Warranty. EXCEPT AS OTHERWISE PROVIDED HEREIN, (A) CUSTOMER UNDERSTANDS AND AGREES THAT
iNEX Connect LLC'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE"; (B) iNEX Connect LLC EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (C) iNEX Connect LLC MAKES NO
WARRANTY OR REPRESENTATION REGARDING ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH
iNEX Connect LLC'S SERVICES OR WEBSITES, OR THAT iNEX Connect LLC'S SERVICES WILL MEET ANY CUSTOMER
REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; (D) USE OF iNEX Connect LLC'S SERVICES
AND WEBSITE ARE AT CUSTOMER'S SOLE RISK; AND (E) CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
CUSTOMER RESULTING FROM THE USE OF SUCH SERVICES OR WEBSITE OTHER THAN AS A RESULT OF iNEX Connect LLC'S
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Because some states and jurisdictions do not allow limitations
on or the disclaimer of implied warranties, the above limitation may not apply to Customer. In that event,
such warranties are limited to the minimum warranty period or scope allowed by the applicable law.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
iNEX Connect LLC, OR ITS SUPPLIERS OR AFFILIATES, BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGE FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF, OR RESULTING
FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES, OR (B) THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, OR (C) THE ACQUISITION OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
SERVICES, OR (D) MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR (E) UNAUTHORIZED
ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, OR (F) THE PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF
iNEX Connect LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, iNEX Connect LLC'S MAXIMUM
CUMULATIVE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS
AGREEMENT WILL BE LIMITED TO THE AGGREGATE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SERVICES DURING THE
TERM OF THIS AGREEMENT. Because some states and jurisdictions do not allow limitations of liability in
certain instances or the exclusion or limitation of incidental or consequential damages, the above
limitation or portions thereof may not apply to Customer.
Indemnification. Customer will indemnify, defend and hold harmless iNEX Connect LLC and its
subsidiaries, affiliates, directors, officers, employees, agents, shareholders, members, consultants,
agents and other owners from any claim, whatsoever, made by a third party arising out of Customer's use
of the Services.
Confidentiality. Each party to this Agreement agrees to hold all Confidential Information of the
other party in strict confidence. Confidential Information shall mean information that derives economic
value, actual or potential, from not being generally known to, and not being readily ascertainable by
proper means by, other persons who can obtain economic value from its disclosure or use ("Confidential
Information"). Confidential Information includes, without limitation, this Agreement and any addendum,
amendments or purchase orders (if required by Customer) to this Agreement; business plans; business
strategies; marketing plans; industry and competitive information; technology, product and proposed
product information; pricing and pricing arrangements and agreements with distributors, partners,
suppliers, licensers and licensees; information concerning employees; and financial information.
Confidential Information may be written, oral, expressed in electronic media or otherwise disclosed,
and may be tangible or intangible. A party is not required to specifically identify Confidential
Information as such.
This confidentiality obligation shall not apply to any information (i) independently developed by a party,
(ii) generally available to the public other than by a party's breach of this Agreement,
(iii) already known by a party at time of disclosure to that party, or
(iv) rightfully received from a third party without restriction on disclosure or an obligation of
confidentiality running directly or indirectly to the other party. Both parties hereby designate
the terms, conditions, appendices, exhibits and schedules of this Agreement to be confidential.
The parties agree that all confidential and proprietary information, including without limitation
the Confidential Information received pursuant to this Agreement, shall be disclosed only to those
employees and other persons on a need-to-know basis and who shall agree to be bound by these
confidentiality restrictions. Upon termination of this Agreement, each party shall immediately
return to the other party any Confidential Information of such other party.
The covenants of confidentiality and restrictions on use of Confidential Information provided in
this Section shall apply during the Term of this Agreement and for three (3) years after the
termination or expiration of this Agreement, except for trade secrets, as to which they shall
apply for the period of time that such information retains its status as trade secrets under
applicable law or for three (3) years following termination or expiration, whichever period is longer.
Miscellaneous
Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be
expressly waived in writing by the other party, but such waiver or failure to insist upon strict
compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of,
or estoppel with respect to, any subsequent or other failure.
Except as provided below, neither party may assign this Agreement in whole or in part without the
prior written consent of the other party and any such attempted assignment will be void. Either
party may freely assign this Agreement in conjunction with (i) a sale of all or substantially all
of its assets, or (ii) a merger or similar transaction; provided that the acquiring or resulting
entity agrees in writing to be bound by the terms of this Agreement.
This Agreement shall be governed by, and construed and enforced in accordance with the laws of the
State of New Jersey and the United States without giving effect to the conflict-of-laws principles
thereof that would require the application of the laws of a different state.
Should any part, term or provision of this Agreement or any document required herein to be executed
be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall
nonetheless remain in full force and effect and shall in no way be invalidated, impaired or affected
thereby. This Agreement may be executed by fax, and/or in any number of counterparts, all of which
shall together be considered an original.
Neither party will be responsible for failure of performance due to causes beyond its reasonable control.
Such causes include (without limitation) acts of terrorism, wars, hostilities, revolutions, riots,
civil commotion, national emergency, fire, flood, force of nature, explosion, embargo, accidents,
acts of God, labor disputes, action of any governmental agency, or stability or availability of the
Internet, or portion thereof.
Other than using the Services for conferences or meetings in which Customer is an active participant
and as permitted under the terms and conditions of this Agreement or other written agreements between
Customer and iNEX Connect LLC, Customer may not rent, lease, resell, distribute, make any commercial use of,
use on a timeshare or use to operate a web site or otherwise generate income from the Services. Customer may
not reverse engineer, modify, decompile, translate, or otherwise attempt to derive source code from
iNEX Connect LLC or any software provided thereon.
Except as otherwise expressly provided herein, all remedies provided for in this Agreement shall be
cumulative and in addition to and not in lieu of any other remedies available to either party at law,
in equity, or otherwise.
This Agreement constitutes the entire agreement and understanding between the parties with respect to
the subject matter hereof, and supersedes all prior or contemporaneous proposals, representations, promises,
or agreements, oral or written, between the Parties with respect to such subject matter. All such matters
are merged into and superseded by this Agreement. No amendment and modification of this Agreement will be
binding unless in writing and signed by a duly representative of both parties.
Your Account
You are responsible for maintaining the confidentiality of your owner number and any personal identification
numbers and passwords ("Account") and for restricting access to your Account. You agree to accept
responsibility and liability for all activities that occur under your Account whether lawful or unlawful.
You are also solely responsible for all uses of your Account, whether or not actually or expressly
authorized by you. We do not sell products or services for children. If you are under 18, you may use
our Services only with involvement of a parent or guardian. We reserve the right to refuse service, t
erminate accounts, remove or edit content, or cancel orders in our sole discretion. Violation of Terms of
Use may result in immediate deletion of your Account. In order to ensure that we are able to provide high
quality services that are responsive to your needs, you agree to allow our employees to access your
Account and records on a case-by-case basis to investigate complaints. We will not disclose the existence
or occurrence of such an investigation unless required by law.
Contact Us. If you have questions regarding thses terms and agreement, please contact us via email at
legal@simpdial.com.
For your protection, we closely monitor this website and WILL report all fraudulent activities to the AUTHORITY.
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For your protection, we closely monitor this website and WILL report all fraudulent activities to the AUTHORITY.