Any services or products (Services) provided by VastEdge, Inc. to the End User shall be governed by the terms and conditions herein. By purchasing the Services, End-user agrees to be bound by these terms and conditions. Please read these terms and conditions carefully. They affect the legal rights between the end user and VastEdge by, among other things, requiring (1) mandatory arbitration of disputes; (2) charging an early disconnection fee; and (3) limiting VastEdge's liability under the agreement. End User acknowledges that they are of legal age and authorized to enter into this Agreement.
Terms and Conditions
The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by the End User, including, without limitation, purchase orders and specifications. Any additional, different, or conflicting terms and conditions on any such document issued by the end user at any time are hereby objected to by VastEdge, and any such documents shall be wholly inapplicable to any sale made or service rendered hereunder and shall not be binding in any way on VastEdge. No waiver or amendment to this contract or these terms and conditions shall be binding on VastEdge unless made in writing expressly stating that it is such a waiver or amendment and signed by an Officer of VastEdge.
Term
The term of this Agreement (Term) begins on the date that the End User signs the VastEdge form for Services and continues for the duration of the service period as defined by the service plan that is selected by the End User (Plan). At the end of the current Term, the Term is automatically renewed unless the End User provides VastEdge, prior to the end of the current Term, notification of intention to cancel the service as set forth below. End User agrees to pay for Services for the duration of the Term. Expiration of the Term does not alleviate the End User's responsibility for paying all unpaid, accrued charges due hereunder. If the End User chooses to cancel the service before the end of the current Term, Disconnection Fees may apply as set forth below.
Equipment
To provide the Services, VastEdge may provide Equipment to End User. All Equipment shipments are F.O.B. VastEdges facility. VastEdges liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to the End User upon delivery to carrier. End User will be provided manufacturer's warranty from the date of purchase of Equipment or Service. End User shall be required to obtain authorization from VastEdge to return any Equipment. VastEdge will provide replacement Equipment only if the Equipment is deemed to be defective and covered under the warranty. VastEdge will not cover replacement for lost, stolen, or modified equipment. VastEdge will not accept any returns or exchanges under any circumstances.
Billing, Charges and Payment
- 1Payment
Upon purchase of the Service, the End User must provide VastEdge with a valid credit card number from an issuer that is accepted by VastEdge. End User authorizes VastEdge to charge the credit card number provided by End User (Credit Card) for all charges arising from End User's use of the Services. The end User agrees to notify VastEdge of any change to the credit card information including, but not limited to, changes in account number, expiration date, or billing address. VastEdge shall not be responsible for any charges made by the Credit Card issuer to the End user's Credit Card account for exceeding the credit limit, insufficient funds, or other reasons. Consulting Services / Contract fees cannot be returned. End User's credit card will not be billed until the product has shipped. Estimated ship dates are approximate and are not guaranteed. End User may cancel any order due to shipping delays without charge. - 2Credit Terms
All Services provided to the End User and covered by the Agreement shall at all times be subject to credit approval or review by VastEdge. End User will provide such credit information or assurance as is requested by VastEdge at any time. VastEdge, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit. - 3Billing
VastEdge will provide the End User with a monthly billing statement for the Services and bill all charges invoiced to the End User account to the Credit Card. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes, and any other applicable charges. Monthly service fees are paid in advance of each month's service; toll charges and any other applicable charges are billed subsequent to the end of each month's service. VastEdge reserves the right to charge the Credit Card for charges, due if at any time End Users cumulative charges for the current month exceed two hundred fifty dollars ($250.00). Billing for monthly service fees commences upon the date listed on the VastEdge form (Effective Date), and the first month's monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated. - 4Late/Non-Payment
If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, VastEdge may suspend or terminate the Services, and all accrued charges shall be immediately due, plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until VastEdge receives payment in full. If charges cannot be processed to the Credit Card, the End User will be charged a fee of ten dollars ($10.00). The fee will also be charged to activate a suspended account. No suspension or termination of the Services or this Agreement shall relieve the End User from paying any amounts due. - 5Taxes
Prices for the Services do not include any customs duties, sales, use, value-added, excise, federal, state, local, public utility, universal service, or other similar taxes. All such taxes shall be paid by the End User and will be added to any amounts otherwise charged to the End User unless the End User provides VastEdge with an appropriate exemption certificate. If any amounts paid for the Services are refunded by VastEdge, applicable taxes may not be refundable. - 6Disconnection and Conversion Fees
Subsequent to the expiration of the Trial Period, if an End User terminates a (1) Year Plan, a two (2) Year Plan, or a three (3) Year Plan before the end of the committed term, VastEdge will charge the End User the remaining service fees under the Plan agreement. All fees, including service fees, payable under this Plan shall be non-refundable and non-creditable. - 7Rate Changes
VastEdge may change the price of Services, plans, taxes, or fees without any advance notice. For End Users, rates will not be increased during the Term, except government mandated tax changes. - 8Discounts
From time to time in its sole discretion, VastEdge may offer promotions or discounts on activation or other fees. Any promotion or discount codes must be listed on the VastEdge form. The end User shall not be entitled to a subsequent credit for such promotions or discounts if not requested by the End User before the Effective Date. - 9Billing Disputes
End User must dispute any charges for the Services in writing within thirty (30) days of the date of the charge by VastEdge or the End User waives any objection and further recourse. Written statements disputing charges must be sent to:
Assistant Vice-President, Business Operations
VastEdg, Inc.
1669-2 Hollenbeck Ave, #129
Sunnyvale, CA 94087
Lost, Stolen, Altered or Broken Equipment.
End User shall not modify the Equipment in any way without the express written permission of VastEdge. End User shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, the End User is responsible for all lost, stolen, or broken Equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the fair retail price of equipment, plus applicable shipping costs and taxes. End User shall immediately notify VastEdge of any lost or stolen Equipment and shall cooperate with VastEdge in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At VastEdge's sole option, failure to report lost or stolen equipment on time will cause the End User to be responsible for all service fees accrued until the time that VastEdge is informed of the loss or theft and can effect a termination of the Services.
Prohibited Uses
Any use of the Services or any other action that disrupts the network integrity of VastEdge or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of VastEdge. End User understands that neither VastEdge nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End User agrees that it will NOT use the Services in ways that violate laws (including but not limited to laws prohibiting transmission of unsolicited fax advertisements), infringe the rights of others, or interfere with the users, services, or equipment of the network. End User agrees and represents that it is purchasing the Services and/or the Equipment for its internal use only, and shall not resell, transfer, or make a charge for the Services or the Equipment without the advance express written permission of VastEdge.
Responsibility for Registration Information and Content of End User Communications
End Users are solely responsible for maintaining the confidentiality of End User password and account, and agree not to transfer email address or password, or lend or otherwise transfer use of or access to the VastEdge Service, to any third party. End Users are also solely responsible for any and all activities that occur under End User account. End User agree to immediately notify VastEdge of any unauthorized use of End User account or any other breach of security related to End User account or the VastEdge Service, and to ensure that End User log off/exit from End User account (if applicable) at the end of each session. VastEdge is not liable for any loss or damage arising from End User failure to comply with any of the foregoing obligations. In consideration for using the VastEdge Service, End User agrees to: (1) provide certain current, complete, and accurate information about End User when prompted to do so by the VastEdge Service, and (2) maintain and update this information as required to keep it current, complete and accurate. End User agrees that any such information shall be accurate. End User agrees that End User are solely responsible for the content of all visual, written or audible communications (Content) sent by End User or displayed or uploaded by End User in using the Services. End User agrees that End User will not use the Services to send unsolicited commercial e-mail outside End User company or organization in violation of applicable law. End User further agrees not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Recognizing the global nature of the Internet, End User also agree to comply with applicable local rules or codes of conduct (including codes imposed by End User employer) regarding online behavior and acceptable content and the transmission of technical data exported from the United States or the country in which End User reside. VastEdge reserves the right to investigate and take appropriate action against anyone who, in VastEdges sole discretion, is suspected of violating this provision, including without limitation, reporting End User to law enforcement authorities. Use of the Services is void where prohibited. Although VastEdge is not responsible for any such communications, VastEdge may delete any such communications of which VastEdge becomes aware, at any time without notice to End User. End User retains copyright and any other rights already held in Content which End User submits, posts or displays on or through, the Services. End User understands and agrees that by displaying, exchanging or uploading Content to a VastEdge website, transmitting Content using the Services or otherwise providing Content to VastEdge, End User automatically grant (and warrant and represent End User have a right to grant) to VastEdge a world-wide, royalty-free, sublicensable (so VastEdge affiliates, contractors, resellers and partners can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Site and/or the Services.
Responsibility For the Content Of Others
Be advised that other users of the Services (Users) may violate one or more of the above prohibitions, but VastEdge assumes no responsibility or liability for such violation. If the End User becomes aware of misuse of the Services by any person, please contact VastEdge Client Services at 1-888-586-35351-888-586-3535. VastEdge may investigate any complaints and violations that come to its attention and may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the content, or terminating accounts and/or User profiles. However, because situations and interpretations vary, VastEdge also reserves the right not to take any action. Under no circumstances will VastEdge be liable in any way for any data or other content available on a Site or viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content on the Site. If at any time the End User is not happy with a Site or the Services or objects to any material on a Site, the End User's sole remedy is to cease using the Site or the Services. VastEdge does not endorse and has no control over what Users post or submit to a Site. End User acknowledges that VastEdge cannot guarantee the accuracy of any information submitted by any User of a Site, nor any identity information about any User. VastEdge reserves the right, in its sole discretion, to reject, post, or other data, or to restrict, suspend, or terminate any User access to all or any part of a Site or Services at any time, for any or no reason, with or without prior notice, and without liability. VastEdge reserves the right to investigate and take appropriate action against anyone who, in VastEdge's sole discretion, is suspected of violating this provision, including without limitation, reporting End User or any User to law enforcement authorities.
Changes To The Agreement, Services Or Plan
VastEdge reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan (Change of Service). In the event of a Change of Service, VastEdge will post to the Website currently located at http://www.VElobal.com/legal. End User may request a Plan change at any time, subject to any applicable change of service fee and additional terms and conditions. The Plan change will take effect in the first month after the Plan is changed. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.
Notice
Notice will be considered received by End Users and such changes will become binding to End Users, on the date the changes are posted to the Web Site (Change Date), and no additional notice will be required. If the End User does not send VastEdge notification of their desire to terminate this agreement or uses the Service after the Change Date, End User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End User does not consent to the change of service and terminates this Agreement, the End User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End User may request a Plan change at any time, subject to any applicable change of service fee and additional terms and conditions. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.
Termination
End User agrees to provide VastEdge with thirty (30) days notice of termination. End User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to VastEdge. In accordance with section 5, Disconnection Fees may apply. VastEdge reserves the right, at its sole discretion, to suspend, terminate, or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End User breach of this Agreement, End User failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, VastEdge, VastEdges network or other End Users use of the Services. VastEdge reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that VastEdge's determination is final and binding on End User. VastEdge may require an activation fee to change or resume a terminated or suspended account.
Privacy
VastEdge utilizes the public Internet and third-party networks to provide fax, voice, and video communication services. Accordingly, VastEdge cannot guarantee the security of fax, voice, and video communications of End User. VastEdge is committed to respecting an End user's privacy. Once the End User chooses to provide personally identifiable information, it will only be used in the context of the End user's relationship with VastEdge. VastEdge will not sell, rent, or lease End Users' personally identifiable information to others. Unless required by law or subpoena or if End User prior permission is obtained, VastEdge will only share the personal data End User provides with other VastEdge entities and/or business partners that are acting on VastEdge's behalf to complete the activities described herein. Such VastEdge entities and/or national or international business partners are governed by VastEdge's privacy policies with respect to the use of this data. VastEdge is required to file numerous reports with different administrative bodies. As such, VastEdge may provide aggregate statistics about customers, sales, and traffic patterns. None of these reports or statistics will include personally identifiable information. However, VastEdge reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either VastEdge or any company affiliated with VastEdge. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, VastEdge may disclose personally identifiable information.
Returns And Adjustments
No Equipment may be returned by the End User for any reason without prior approval of VastEdge. All returns shall be in original packaging or equivalent. End User shall be responsible for all costs related to shipping to VastEdge any Equipment that is being returned. Any Equipment returned to VastEdge without prior authorization for its return or proper packaging may be refused. In order to obtain an appropriate refund, upon cancellation End User must immediately obtain a return material authorization number from VastEdge, and return to VastEdge any Equipment provided hereunder, undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to VastEdge an amount equal to the fair retail price of the equipment minus any payments End User had previously paid specifically for said Equipment.
Technical Support
VastEdge provides technical support to End Users via telephone and e-mail for the Services and the Equipment provided hereunder. Support for other applications and uses is not provided or implied.
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