SERVICE TERMS



OVERVIEW

This site is operated by Nest Telecom. Throughout the site, the terms “we”, “us” and “our” refer to Nest Telecom. Nest Telecom provides this site, including all information, tools and services available from this site to you, the user, provided that you accept all terms, conditions, policies and notices stated herein. By visiting our website and / or purchasing something on our site, you are using our “Services”. Accordingly, you agree to the following terms and conditions (“Terms of Service”, “Terms”), including the additional terms and conditions and policies mentioned in this document and / or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, shopkeepers and / or content contributors. Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to the Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the site or use any services. If these Terms of Service are deemed to be an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools that are added to the current store must also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or change any part of these Terms of Service by posting updates and / or changes to our site. It is your responsibility to check the changes made on this page periodically. Your continued use or access to the site after any changes are posted constitutes acceptance of such changes. Our store is hosted at Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services.

SECTION 1 – TERMS OF THE VIRTUAL SHOP:

By agreeing to the Terms of Service, you confirm that you are of legal age in your state or province of residence and that you have given us your consent to allow any of your dependent underage to use that site. You must not use our products for any illegal or unauthorized purpose. You also may not, by using this Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You should not transmit any viruses or any code of a destructive nature. Violating any of the Terms results in the immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS:

We reserve the right to refuse service to any person for any reason at any time. You understand that your content (not including credit card information) may be transferred without encryption and may:

  1. be transmitted over multiple networks;
    2. and
  2. undergo changes to adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted when transferring between networks. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit any portion of the Service, use of the Service, access to the Service, or any contact on the site through which the service is provided without our express written permission. Titles used in this agreement are included for convenience only and do not limit or affect the Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND UPDATE OF INFORMATION:

We are not responsible for information provided on this site that is not accurate, complete or current. The material on this site is provided for informational purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any use of the material on this site is at your own risk. This site may contain certain historical information. Historical information may not be current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – SERVICE MODIFICATIONS AND PRICES:

The prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Not liable for you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable):

Certain products or services may be available exclusively online through the website. Such products or services may have limited quantities and are subject to return or exchange only, in accordance with our Return Policy. We have made every possible effort in the most accurate way the colors and images of our products that appear in the store. We can not guarantee that the display of any color on your computer monitor will be accurate. We reserve the right, but are not required, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right as the case may be. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer made by any product or service on this site is void where prohibited by law. We do not guarantee that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING INFORMATION AND ACCOUNT:

We reserve the right to refuse any request you make to us. We may, in our sole discretion, limit or cancel the number of products per person, per household or per order. Such restrictions may include orders placed on the same customer account, on the same credit card, and / or orders that use the same invoice and / or shipping address. If we make changes or cancel an order, we may notify you by email and / or billing address / phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be made by merchants, resellers or distributors. You agree to provide your account information and complete purchase for all purchases made in our store. You agree to promptly update your account and other information, including your email, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed. For more details, please review our Return Policy.

SECTION 7 – OPTIONAL TOOLS:

We may give you access to third-party tools that we do not monitor or have any control over. You acknowledge and agree that we provide access to such tools “as they are” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible in any way for your use of optional third-party tools. Any use of optional tools offered through the site is entirely at your own risk and you become familiar with and approve the terms of the tools that are provided by third party vendor (s). We may also in the future offer new services and / or resources through the site (including the launch of new tools and resources). Such new features and / or services must also be subject to these Terms of Service.

SECTION 8 – THIRD PARTY LINKS:

Certain products, content and services available through our Service may include third party materials. Third-party links on this site may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating content or accuracy. We do not warrant and have no obligation or liability for any materials or third party sites, or for any other materials, products or services of third parties. We are not responsible for any damages or losses related to the purchase or use of goods, services, features, content, or any other transactions made in connection with any third party sites. Please carefully review the policies and practices of third parties and make sure you understand them prior to any transaction. Complaints, complaints, concerns or questions regarding third party products should be directed to the third party.

SECTION 9 – COMMENTS, FEEDBACK, ETC. OF USER If:

At our request, you submit certain specific items (eg participation in a contest), or without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by post, or otherwise (collectively called ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any comments you forward to us . We are not responsible for:

  1. keeping any comments confidential;
  2. indemnify for any comments;
    3. or
  3. respond to any comments.

    4. We may, but do not have the obligation, to monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, libelous, libelous, defamatory, pornographic, obscene or objectionable or in violation of third party intellectual property or Service Terms. You agree that your comments will not violate any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You agree that your comments will not contain defamatory, illegal, abusive or obscene material. They also will not contain any computer viruses or other malware that may affect the operation of the Service or any related site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise deceive us or others as to the source of any comments. You are solely responsible for any comments you make and their truthfulness. We assume no responsibility or liability for any comments posted by you or any third party.

    SECTION 10 – PERSONAL INFORMATION:

    The sending of your personal information through the store is governed by our Privacy Policy. See our Privacy Policy.

    SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS:

    Occasionally, there may be information on our site or the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, shipping deadlines, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related site is inaccurate, at any time and without prior notice (even after you have sent the your request). We undertake no obligation to update, alter or clarify information on the Service or any related site, including, without limitation, pricing information, except as required by law. No specific update or update date on the Service or any related site should be used to indicate that all information in the Service or on any related site has been modified or updated.

    SECTION 12 – PROHIBITED USES (Site Nest):

    In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or content for:
    1. unlawful purposes;
    2. request other persons to perform or participate in any unlawful acts;
    3. violate any international, provincial, state or federal regulations, local rules, laws or regulations;
    4. infringing or violating our intellectual property rights or the intellectual property rights of others;
    5. to harass, abuse, insult, defame, slander, demean, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability;
    6. present false or misleading information;
    7. sending or transmitting viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related site, other sites, or the Internet;
    8. collect or track the personal information of others;
    9. to send spam, phishing, pharm, pretext, spider, crawl, or scrape;
    10. for obscene or immoral purposes;
      11. or
    11. to interfere with or circumvent the security features of the Service or any related site, other sites, or the Internet.
    We reserve the right to terminate your use of the Service or any related site for violating any of the prohibited uses.

    SECTION 13 – PROHIBITED USES (NEST services):

    All Nest services are subject to conditions that are not excessive or resale. Unlimited calling plans: These plans are designed for people and businesses in the United States of America and Canada and allow unlimited national calls. Calls to operator service numbers, international numbers and satellites are excluded. It is not allowed:
    1. calls with recordings of media of any nature;
    2. resell, assign, transfer the rights here acquired to third parties;
    3. share resources with third parties;
    4. utilize Nest’s resources for marketing and / or callcenter activities;
    5. provision of gateway traffic, chicory, black box or any other similar equipment;
    6. activities not permitted by law.
    Upon detection of any prohibited use, Nest may immediately terminate the allocated resources and notify the competent authorities.

    SECTION 14 – DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY:

    We do not warrant, represent or warrant that your use of our service will be timely, secure, error-free, or disruptive. We do not guarantee that the results that may be obtained by using the service will be accurate or reliable. You agree that from time to time, we may remove the service for indefinite periods of time or cancel at any time without notifying you. You agree that your use or inability to use the service is at your own risk. The service and all products and services delivered through the service are, except as stated by us) provided without warranty and availability for your use, without any representation, warranties or conditions of any kind, expressed or implied, including all warranties implied or conditions of merchantability, quantity, fitness for a particular purpose, durability, title, and non-infringement. In no event shall Nest Telecom, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential loss, loss of revenue, lost savings, loss of data, replacement costs, or any similar damages, whether on the basis of contract, unlawful act (including negligence), strict liability or otherwise arising out of your use of any of the services or any products purchased using the service, or to any other claim in any way related to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind as a result of the use of the service or any er content (or product) published, transmitted or otherwise available through the service, even if alerted of such possibility. As some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    SECTION 15 – INDEMNIFICATION:

    You agree to indemnify, defend and hold Nest Telecom and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees and employees harmless from any claim or demand, including attorneys’ fees , by any third party due to violation of these Terms of Service or to the documents they incorporate by reference, or to violation of any law or the rights of a third party.

    SECTION 16 – INDEPENDENCE:

    In the event that any provision of these Terms of Service is found to be unlawful, void or ineffective, such provision shall, however, be applicable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not prejudice the validity and enforceability of any other remaining provisions.

    SECTION 17 – TERMINATION:

    The obligations and liabilities of the parties incurred prior to the termination date shall continue after termination of this agreement for all purposes. These Terms of Service are in effect unless terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you stop using our site. If at our sole discretion you fail to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will be responsible for all amounts due by the date of termination; we may also deny you access to our Services (or any part thereof).

    SECTION 18 – INTEGRAL AGREEMENT:

    If we do not exercise or enforce any right or provision of these Terms of Service, this shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect of the service constitute the entire agreement between us. These terms govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service should not be construed against the party who wrote them.

    SECTION 19 – APPLICABLE LEGISLATION:

    These Terms of Service and any separate agreements in which we provide you with the Services shall be governed by and construed in accordance with the laws of the state of Delaware, United States.

    SECTION 20 – CHANGES TO THE TERMS OF SERVICE:

    You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes to our site. It is your responsibility to check our website periodically. Your continued use of or access to our site or to the Service following the posting of any changes to these Terms of Service constitutes acceptance of such changes.

    SECTION 21 – CONTACT INFORMATION

    Questions about the Terms of Service should be sent to us at nesttel@nesttel.com.