Rates are provided for informational purposes only, and are not a commitment on the part of QTel, LLC. Commitments are made in the form of contracts. Neither QTel nor any of its affiliates shall be liable for any errors or omissions, or for any actions taken in reliance thereon. By accessing this site, a user agrees not to redistribute the information found therein.  QTel, LLC shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of this site.

Taxes and fees apply including state local and federal taxes and fees. In addition FCC line charge of $6.40 to $8.08 as well as PICC charge of $3.75 per line applies.

Services: The Services is subject to Company tariffs on file with applicable federal and state regulatory agencies (the “Tariffs”). The Tariffs, as modified from time to time. The “Regulations” sections of the Tariffs are applicable to the Services, even if the Services are not required to be tariffed. In the event of a conflict between these Terms and Conditions and the Tariffs, the Tariffs shall govern.

Availability of the Services: Company shall use commercially reasonable efforts to provide the Services to Customers. The Company’s obligation to furnish the Services is dependent upon its ability to obtain and retain (i)access to suitable facilities without unreasonable expense, (ii) commercially reasonable agreements with network facilities providers and other vendors, and (iii) all necessary government authorizations. The Services maybe (i) temporarily refused to limited due to limitations in system capacity or to other circumstances beyond Company’s control, or (ii) temporarily interrupted or curtailed due to facilities or equipment modifications, upgrades, relocations, or repairs, or similar activities necessary for the proper or improved provisions of the Services. Company reserves the right to modify the Services from time to time in accordance with generally applicable charges in Company’s service offerings. Customer shall hereunder obtain no property right or interest in the use of any specific type of facility, service connection, equipment, number, process or code.

Order Acceptance: No order for the Services shall be binding upon Company until such order has been accepted in writing by Company. Company, in its sole discretion, may decline to accept any order for the Services. All orders are subject to credit approval.

Payment Terms: Customer assumes the responsibility for, and agrees to pay, Company all amounts due for the Services, including all applicable usage-sensitive, monthly recurring and non-recurring charges and associated taxes, fees, and surcharges. Usage-sensitive charges will be billed monthly in arrears; recurring charges will be billed monthly in advance; non-recurring charges will be billed upon completion of the associated activity. All invoices are due and payable within twenty (20) days of the date of the invoice (“Due Date”). Customer shall send payments to the address specified on the invoice. A monthly late payment charge not to exceed the greater of one and one half percent (1.5%) of the past due balance of the highest allowable by law may be assessed on any amounts not paid by Customer on or before the Due Date. A returned check charge of twenty-five ($25.00) may be assessed in the event that Customer’s check is returned for insufficient funds. Billing shall be deemed correct and binding on Customer unless Customer notifies Company in writing of a dispute within thirty (30) days following presentation of the invoice. Customer agrees to pay all costs incurred by Company in collecting any amounts due hereunder, including, and without limitation, reasonable attorney and collection agency fees. Customers who provide payment by means of credit or debit cards, or who provide a credit or debit card as security, authorize the Company to charge said credit or debit card for all amounts due hereunder.

Security Deposit: Company reserves the right to require a security deposit from Customers at any time based on Company’s assessment of Customer’s credit status and payment history.

Contract Assumption: In the event that Company assumes a Customer contract, including arrangements with volume or term commitments, Customer’s shall be responsible to Company for the satisfaction of said contract. Company’s satisfaction guarantee does not extend to assumed contracts or promotional offerings.

Warranty: COMPANY SHALL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN ACCEPTABLE PERFORMANCE OF THE SERVICES, BUT COMPANY MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SERVICES OR THE FACILITIES OR EQUIPMENT BY MEANS OF WHICH THE SERVICES ARE PROVIDED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY CANNOT AND DOES NOT GUARENTEE CONTINUIOUS SERVICE, SERVICE AT ANY PARTICULAR TIME OR SPEED, OR THE INTEGRITY OF DATA STORED OR TRANSMITTED VIA THE SERVICES.

Force Majeure: Neither party shall be liable for any delay or failure in performance, other than timely payment of amounts due hereunder, due to Force Majeure, which shall include, without limitation, acts of God, earthquake, labor disputes, terrorist activities, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, third party non-performance, equipment failures, transportation difficulties, or other occurrences which are beyond the delayed party’s reasonable control, provided that he delayed party provides the other party with prompt notice of such delay.

Limitation of Liability: COMPANY SHALL NOT BE LIABLE FOR DAMAGES, INJURY, COST OR CLAIMS ARISING OUT OF (I) DELAYS, MISTAKES, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS, OR DEFECTS IN TRANSMISSION (II) INADVERTENT DISCLOSURE, CORRUPTION OR ERASURE OF DATA; (III) SERVICES, FACILITIES, OR EQUIPMENT NOT FURNISHED BY COMPANY; (IV) ANY ACT OR OMISSION OF A THIRD-PARTY VENDOR FURNISHING ANY PORTION OF THE SERVICES OR THE EQUIPMENT OR FACILITIES USED TO PROVIDE THE SERVICES; AND (V) ANY EVENT THAT PREVENTS COMPANY FROM PERFORMING ITS OBLIGATION UNDER THESE TERMS AND CONDITIONS, IF THAT EVENT IS BEYOND THE REASONABLE CONTROL OF COMPANY. COMPANY’S LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED AN AMOUNT EQUAL TO THE COMPANY CHARGES INCURRED BY CUSTOMER FOR THE PERIOD OF SERVICES IN WHICH THE LIABILITY WAS INCURRED, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPPECIAL, PUNITIVE, OR CONSEQUENCES DAMAGES, INCLUDING BY NOT LIMITED TO, ECONOMIC LOSS, LOSS OF USE, LOST PROFITS, LOST REVENUE OR LOST GOODWILL, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification: Customer agrees to defend, indemnify, and hold harmless Company, and Company’s employees, officers, directors, agents, parents, affiliates, and subsidiaries from any losses, damages, costs or expenses resulting from any and all claims and liabilities, including costs and expenses and reasonable attorney’s fees, attributed to, arising out of or resulting from Company’s provision of Customer’s use of the Services. These indemnification obligations shall survive termination or expiration of the service term.

Termination: Company may temporarily suspend or permanently terminate provision of the Services without notice or liability to Customer (a) in the event that Customers (i) fails to timely pay any amount due to Company, (ii) provides insufficient, or fraudulent billing information, or (iii) violates these Terms and Conditions, Company’s acceptable Use Policy, the Tariffs, or applicable laws or governmental rules or regulation; (b) by reason of an order of a court or regulatory or other governmental authority; (c) upon institution by or against Customer of a proceeding for relief under the Bankruptcy Code, the insolvency of Customer or the appointment of a receiver of Customer’s property; or (d) Company deems such action necessary to protect itself or third parties against fraud or to protect its personnel, agents, or services; provided, however, that such suspension or termination of the Services shall not relieve Customer of its obligation to pay charges due for its remaining service term. In such event, Company may also pursue such other remedies as may be available to it at law or in equity. Neither termination nor expiration of Customer’s service arrangement shall relieve Customer of liabilities previously accrued hereunder.

Acceptable Use Policy: The Services shall be used only for lawful purposes. In using the Services, Customer shall not engage in any illegal, abusive or unethical activities, including, but not limited to, display or distribution of pornography or other obscene, vulgar, offensive, profane, or sexually explicit materials, perpetration of fraud, libel, defamation or other violations of privacy, hacking, spreading computer viruses, pirating software or other material, promoting or conducting gambling, publishing threats or racial, ethnic, or sexual slurs, or engaging in intimidation or other forms of harassment. Customer shall not upload, post or otherwise transmit any content that it does not have a right to transmit under any law or under contractual or fiduciary relationships, including, but not limited to, insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or content which violates or infringes any copyright, trademark, patent, statutory, common law or proprietary rights of others. Customer shall not transmit unsolicited messages, list Company in any spammed message, either as an originator, intermediary, or reply-to address, or engage in mail-bombing, i.e., sending large volumes of unsolicited e-mail to individuals or to individual business accounts. Customer commits to indemnify and hold harmless Company, as well as Company’s directors, officers, employees, agents, and representatives, from any and all claims of whatever nature arising out of its failure to fully comply with these acceptable use policies.

Additional Customer Responsibilities: Customer shall supply space, equipment, network wiring, electrical power, and environmental conditions suitable for, and compatible with, Company’s provision of the Services. Any equipment provided by Company shall remain the property of Company and shall be promptly returned to Company in good working condition upon termination or expiration of the service term. Customer is responsible for all use of the Services, with or without its knowledge or consent. Customer is solely responsible for maintaining the security of its account, password, files, network and user access. Customer acknowledged that that Company does not monitor, review or restrict information, communications, software, photos, video, graphics, music, sounds, services or other materials available from third parties via the Services (“Content”), and that Customer assumes responsibility for and bears all risks associated with the accuracy, completeness, reliability, or usefulness of said Content. Customers shall be liable for damage to Company equipment and network facilities caused by (i) Customer, or Customer’s agents, employees or suppliers; or (ii) malfunction or failure of any equipment or facility providers by Customer or its agents, employees or suppliers.

Installation: Customer represents that it has or has secured the authority necessary for the installation on its premises of all equipment necessary to provide the Services. Customer shall secure all licenses, permits, rights-of-way and other arrangements necessary for such installation. Customer shall allow Company reasonable access and right-of-way to Customer’s premise for equipment installation and maintenance. Company shall exercise commercially reasonable efforts to schedule and conduct installation and maintenance activities so as to not to unreasonably interfere with Customer’s operations. Customer agrees to pay a Missed Appointment Fee if (i) Customer cancels a scheduled appointment in less than twenty-four (24) hours before such appointment (ii) the Installation Technician arrives at the site and is unable to complete installation because Customer is not available and/or unable to grant access to all areas required for successful installation.

Intellectual Property: Company grants Customers a non-exclusive, non-transferable, revocable, limited license, or sublicense, to use the Services, and all hardware and software necessary to access the Services, in strict accordance with these Terms and Conditions, said license and sublicense to automatically terminate upon termination of Company’s provision of the Services to Customer. Title, property rights, software license, hardware license and agreements, including all intellectual property rights (“IP Rights”) are and shall remain with Company, whether or not they are embedded in the Services, Customer will not acquire, and shall not claim, any right, title or interest in or to the IP Rights through purchase and use of the Services. IP addresses assigned by Company for Customer’s use remain the property of Company and shall revert back to Company upon discontinuance of the Services.

Dispute Resolution: The parties shall attempt to resolve all disputes in the spirit of cooperation without formal proceedings. Any dispute which cannot be resolved (other than the collection of amounts due for the Services and requested or injunctive relief) shall be the subject of mandatory arbitration. Such arbitration shall be conducted in accordance with the U.S. Arbitration Act (Title 9, U.S. Code), and under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in New York, New York. The decision of the arbitrator shall be final and binding upon the parties. Judgment upon the arbitration award may be entered in any court of competent jurisdiction.

Miscellaneous: All notices and other communications required or permitted here under shall be in writing and shall be deemed to have been given when received by the party to whom the notice is directed. Customer may not assign or transfer any of its rights or obligations under this service arrangement without the express, prior written consent of Company. The rights and obligations under this service arrangement shall survive any merger or sale of a party and shall be binding upon the successors and permitted assigned of each party. These terms and Conditions shall be binding upon and inure the exclusive benefit of the parties hereto, and their respective permitted assigns, heirs, successors and legal representatives. It is not the intent of the parties that there be any third party beneficiaries of this service arrangement. Unless otherwise provided herein, these Terms and Conditions and the Order Form(s) may be amended only by an instrument in writing duly executed by both parties. No waiver by a party of a breach of any of these Terms and Conditions by the other party shall be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other provision hereof. No failure on the part of either party to exercise, and no delay in exercising any right or remedy hereunder shall operate as a waiver thereof. THESE TERMS AND CONDITIONS, THE ORDER FORM(S) AND THE TARIFFS SET FORTH THE ENTIRE UNDERSTANDING OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDED ALL PRIOR AGREEMENTS AND COLLATERAL COVENANTS, ARRANGEMENTS, COMMUNICATIONS, REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, BY EITHER PARTY (OR ANY OFFICER, DIRECTOR, EMPLOYEE, OR REPRESENTATIVE THEREOF) WITH RESPECT TO THE SUBJECT MATTER HEREOF. If any of these Terms and Conditions are determined to be invalid or contrary to any existing or future law, statute or ordinance or any order, rule or regulation, such invalidity shall not impair the operations of or affect those provisions in any other jurisdiction or any other provisions hereof which are valid, and the invalid provisions shall be construed in such manner as shall be as similar in terms to such invalid provisions as may be possible applicable federal laws and any applicable tariffs, rules and regulations.