Terms of Service for Comexcel Technologies Corporation

Introduction:

Comexcel Technologies Corporation provides telecommunication services to businesses and individuals, including but not limited to voice and messaging services. These Terms of Service (“TOS”) describe the terms and conditions under which Comexcel Technologies Corporation will provide the Services to the Customer. By using the Services, the Customer agrees to be bound by these TOS.

Services:

Comexcel Technologies Corporation will provide the Services to the Customer in accordance with the terms and conditions set forth in the TOS. The Customer acknowledges and agrees that Comexcel Technologies Corporation may modify the Services and/or TOS from time to time without prior notice to the Customer.

Payment Terms:

The Customer agrees to pay the monthly fee for the Services in accordance with the pricing structure set forth at https://www.comexcel.com/rates. Payment is due in advance of the start of the monthly billing cycle. Comexcel Technologies Corporation reserves the right to terminate the Services in the event that the Customer fails to pay the monthly fee.

Termination of Service:

Comexcel Technologies Corporation may, at its sole discretion, immediately terminate or suspend all or a portion of the Services, or your use of all or a portion of the Services, with or without notice and with or without cause. You agree that Comexcel Technologies Corporation shall not be liable to you or to any third party for any termination or suspension of the Services, or your use thereof.

Warranty Disclaimer:

The Services are provided on an “as is” and “as available” basis. Comexcel Technologies Corporation makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, or products included thereon. You expressly agree that your use of the Services is at your sole risk.

To the fullest extent permitted by law, Comexcel Technologies Corporation and its affiliates, partners, suppliers, licensors, and agents disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Comexcel Technologies Corporation makes no representations or warranties of any kind, express or implied, as to the accuracy, completeness, reliability, availability, suitability, quality, performance, or validity of any information or content made available via the Services, and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.

Limitation of Liability:

In no event shall Comexcel Technologies Corporation, its affiliates, partners, suppliers, licensors, or agents, be liable to you or any third party for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Services or the inability to use the Services, or for any information, products, or services obtained through the Services, or otherwise arising out of the use of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Comexcel Technologies Corporation is advised of the possibility of such damages.

Indemnification:

You agree to indemnify, defend, and hold harmless Comexcel Technologies Corporation, its affiliates, partners, suppliers, licensors, and agents, from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from or relating in any way to your use of the Services, your violation of these Terms of Service, or your violation of any rights of another.

Service Disruption:

Comexcel Technologies Corporation strives to provide the best possible service and minimize any disruption to the Services. However, you acknowledge and agree that the Services may be subject to disruptions, including, but not limited to, acts of nature, equipment failures, power outages, and third-party actions or inactions. Comexcel Technologies Corporation will not be liable for any damages resulting from such disruptions.

Force Majeure:

Neither party shall be liable to the other for any failure to perform its obligations under these Terms of Service if such failure is due to circumstances beyond its reasonable control, including, but not limited to, acts of God, war, acts of terror, labor disputes, or any governmental actions or failures. The party affected by such circumstances shall take reasonable steps to mitigate the effects of such circumstances.

Governing Law:

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state courts located in Broward County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Severability:

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect..

Changes to Our Terms of Service:

Comexcel Technologies Corporation reserves the right to change the terms of this agreement at any time and without notice to its subscribers. The most recent version of the Terms of Service will be available on our website, and subscribers are responsible for regularly reviewing the Terms of Service to stay informed of any changes. Your continued use of the Services after any changes to the Terms of Service constitutes your acceptance of the new terms.

Contact Us:

If you have any questions or concerns about the Terms of Service, please contact us at [insert contact information].

Miscellaneous:

This agreement constitutes the entire agreement between you and Comexcel Technologies Corporation regarding the use of the Services, and supersedes all prior agreements and understandings between the parties, whether written or oral, regarding the subject matter of this agreement. The failure of Comexcel Technologies Corporation to enforce any right or provision in this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. If any provision of this agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. The parties are independent contractors and shall have no right, power, or authority to create any obligation or duty, express or implied, on behalf of the other. This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

   
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