Last updated April 6, 2021
TERMS AND CONDITIONS
This Customer Service Terms and Conditions Agreement ("Agreement") governs all the terms and conditions associated with a Customer's ("you," "user" or "Customer") use of the residential communications services and any related products or services ("Service") offered by or through MY IT BRAIN, LLC. ("we," "us" or "MY IT BRAIN").
Since signing up for MY IT BRAIN services is an online transaction, it is understood between MY IT BRAIN and the Customer that online acceptance of this Agreement will carry the same legal authorization as if the Customer is providing a handwritten signature of acceptance.
TERMS AND CONDITIONS
1. Services Provided.
a. MY IT BRAIN offers the Customer, among other things, the ability to make local, domestic long distance and international telephone calls using software or hardware SIP phones. MY IT BRAIN currently offers four (4) types of services to its Customers:
i. Customer may open a MY IT BRAIN Account and utilize the ability to make or receive calls to other MY IT BRAIN members, FREE of charge.
ii. Customer may open a MY IT BRAIN Account and make calls on a "Pay-Per-Call" basis, the charges for which will be deducted from a pre-paid deposit made to Customers Account.
iii. Customer may open a MY IT BRAIN Account and subscribe for a "Flat-Rate-Plan"* which will allow a Customer to make calls to a pre-set list of countries and or destinations (i.e. landline, mobile, selected country, selected city or service provider). Charges for the "Flat-Rate-Plan" will be billed as a re-occurring monthly service fee charged to Customers credit card/debit card or from positive account balance.
iv. Customer may open a MY IT BRAIN Account and subscribe for a "Flat-Rate-Plan" to a pre-set list of country and or destinations (i.e. landline, mobile, selected country, selected city or service provider) in combination with the ability to make calls on a "Pay-Per-Call" basis, which will be charged separately from a pre-paid deposit made to Customers Account. Charges for the "Flat-Rate-Plan" will be billed as a re-occurring monthly service fee charged to Customers credit card/debit card or from positive account balance.
A complete list of MY IT BRAIN services can be found on the Website (www.MY IT BRAIN.com). MY IT BRAIN is not responsible for reimbursements for calls made with another service while MY IT BRAIN is temporarily unavailable.
b. MY IT BRAIN does not currently offer sales of any telephone devices ("Devices") to be used in conjunction with its Services. If at any time hereafter MY IT BRAIN offers Devices to its Customer's for use with the MY IT BRAIN Services, you expressly acknowledge that the terms herein pertaining to the use of such Devices shall be applicable.
2. MY IT BRAIN Provides 911 and E911 service. MY IT BRAIN provides 911 service across the United States, Canada, and Puerto Rico. MY IT BRAIN 911 Dialing service operates differently than traditional 911, you'll have to provide the street address where you will be using your MY IT BRAIN service when purchasing a rate plan or phone number. 911 service is not active on your account until you have received email notification stating that 911 service is active. 911 service depends on Internet availability to place a call.
3. Service Outages.
a. Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service.
b. Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert MY IT BRAIN to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service may not function. You acknowledge that MY IT BRAIN is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service that may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you terminate the Service in accordance with this Agreement.
4. Residential Use of Service and Device. If you subscribe to MY IT BRAIN's residential services, the Service and the Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. When subscribing to a residential Flat-Rate Plan, you are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. NO BUSINESS PURPOSE WHATSOEVER SHALL BE DEEMED A VALID USE OF THE RESIDENTIAL FLAT-RATE PLAN and MY IT BRAIN reserves the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use. Utilization of the Service for a business purpose may only be accomplished through MY IT BRAIN's Pay-Per-Call, North America Basic, North America 500, and North America 1000 rate plans.
5. Prohibited Uses.
a. Unlawful. You shall use the Service and the Device only for lawful purposes. MY IT BRAIN reserves the right to immediately terminate your Service if, in our sole and absolute discretion, MY IT BRAIN determines that you have used the Service or the Device for an unlawful purpose. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If MY IT BRAIN believes that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, MY IT BRAIN will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders, and requests for wire taps etc, from the government under the Patriot Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
b. Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. MY IT BRAIN reserves the right to immediately terminate your Service if, in our sole and absolute discretion, MY IT BRAIN determines that you have used the Service or the Device in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If MY IT BRAIN believes that you have used the Service or the Device in any of the aforementioned ways, MY IT BRAIN may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, MY IT BRAIN will provide information in response to law enforcement requests, including, but not limited to, subpoenas, court orders and requests for wire taps etc, from the government under the Patriot Act, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
c. Caller ID Name ("CNAM"). When available with the service(s) you have purchased from MY IT BRAIN, CNAM information will be presented on inbound calls, within the My MY IT BRAIN website, and within certain email communications. CNAM information is provided as is, and MY IT BRAIN does NOT assure, warrant, or assume any liability for the validity or accuracy of the CNAM information provided. The CNAM information provided by MY IT BRAIN may NOT be used for any of the following: collection of CNAM data for resale, licensing, or any re-distribution to another party; any form of auto-dialing to obtain bulk CNAM information; collection of CNAM data for any use other than the services provided directly by MY IT BRAIN. Customer acknowledges that all rights, title and interest to the CNAM information provided by MY IT BRAIN, regardless of the form of media in which it is contained, shall be the sole and exclusive property of, and are retained by, MY IT BRAIN and/or MY IT BRAIN's CNAM information suppliers.
d. Traffic termination prohibited uses. MY IT BRAIN offers rate plans for terminating traffic, which may be used for business purposes such as the Pay Per Call, North America Basic, North America 500, and North America 1000 rate plans. These rate plans may not be used to send "cherry-picked" traffic to high-cost or rural call-termination areas, and are not designed for routing LCR (Least Cost Routing) traffic or for wholesale, re-sale, or carrier Customer purposes. MY IT BRAIN reserves the right to immediately suspend and/or terminate any Customer, service, or account it determines it is involved in sending cherry-picking traffic to MY IT BRAIN, and/or is involved in sending LCR traffic to MY IT BRAIN, and any determination shall be made at MY IT BRAIN's sole discretion.
e. Toll-Free Origination Acceptable Use Policy. MY IT BRAIN offers Toll-Free numbers in the following Prefixes: 800, 833, 844, 855, 866, 877, 888. All Toll-Free Numbers which are active on the MY IT BRAIN Network are subject to our "Toll-Free Origination Acceptable Use Policy"; regardless of whether the Toll-Free Number(s) are originally provided by MY IT BRAIN as a new DID or if they are ported onto the MY IT BRAIN Network from a third-party provider. As part of our Toll-Free Acceptable Use Policy, customers are prohibited from using MY IT BRAIN Toll-Free DIDs for abusive, fraudulent, harassing, defamatory, deceptive, or any similar behavior. Additionally, it is required that customers using MY IT BRAIN Toll-Free DIDs properly configure their accounts to successfully complete calls (either via receiving the calls directly to an Extension or IVR, Configuring your inbound toll-free calls to automatically forward to valid third-party numbers, connecting calls to MY IT BRAIN Voicemail, connecting calls to a third-party providers voicemail service, etc). Any Toll-Free Number provisioned to the MY IT BRAIN Network that is not completing greater than 10% of the total number of calls which are sent to said number and/or any Toll-Free number(s) that have greater than 10% of the total calls that they receive disconnect in less than one full minute (60 Seconds) from the time they originally connect; will be deemed in violation of the MY IT BRAIN Toll-Free Origination Acceptable Use Policy and as such could potentially become subject to an account review, having the toll-free numbers in question disconnected from active routing, or a suspension/cancellation of services.
6. Tampering with the Service. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
7. Number Transfer: Customer may transfer or port-away from MY IT BRAIN any phone number on their account that is within the United States and/or Canada to another service provider at any time as long as the number(s) they wish to port remain on their account and active up to the date they are transferred to the new service provider. Customer must inform MY IT BRAIN of any port-outs of number(s) on their account and/or cancel the number(s) after they have ported to the new service provider or re-billing for services on those number(s) will continue. Numbers in countries outside the USA and Canada may be portable to other carriers, but MY IT BRAIN cannot provide specific information regarding the portability of numbers outside the USA and Canada.
a. Vanity Toll-Free DIDs that were originally attained by MY IT BRAIN on behalf of a customer are subject to a "number unlock fee" before they can be ported to a third-party provider. If the customer attempts to port their Vanity Toll-Free Number(s) to a third-party provider within 6 months (180 days) from the date it was activated on the customer's account; a $15.00 per DID "number unlock fee" will need to be paid by the customer to MY IT BRAIN before the number will be released to the third-party provider that said customer is attempting to port to.
b. MY IT BRAIN Dollar Unlimited DIDs are subject to a "number unlock fee" of $5.00 per DID before they can be ported from MY IT BRAIN to a third-party provider. Void of fully paying the per DID "number unlock fee"; MY IT BRAIN Dollar Unlimited DIDs will not be released (ported) to any third-party providers.
c. MY IT BRAIN International Unlimited DIDs are subject to a "number unlock fee" of $15 per DID before they can be ported from MY IT BRAIN to a third-party provider. Void of fully paying the $15 per DID "number unlock fee"; MY IT BRAIN's International Unlimited DIDs will not be released (ported) to any third-party providers.
d. MY IT BRAIN Dirt Cheap DIDs that are activated on a customer's account after 1/1/14 are subject to a "number unlock fee" of $5 per DID before they can be ported from MY IT BRAIN to a third-party provider. Void of fully paying the $5 per DID "number unlock fee"; MY IT BRAIN's Dirt Cheap DIDs will not be released (ported) to any third-party providers.
8. Service Distinctions. The Service is not a telecommunications service and MY IT BRAIN provides it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that MY IT BRAIN provides. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
a. No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 services in one or more (or all) service areas.
b. No Directory Listing. The phone numbers you obtain from MY IT BRAIN will not be listed in any telephone directories. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your name and/or address.
9. Incompatibility With Other Services.
a. Home Security Systems. The Service provided by MY IT BRAIN may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
b. Certain Broadband and Cable Modem Services. You acknowledge that the Service presently may not be compatible with other broadband service providers. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
10. Service Availability. To access MY IT BRAIN's Services, the Customer must have access to a high-speed internet connection as well as one of the following: (i) a computer with speakers and microphone; or (ii) a headset or (iii) SIP device. MY IT BRAIN will not reimburse the Customer for any extra charges assessed by Customer's internet provider as a result of using their services to access MY IT BRAIN's Services.
11. Opening an Account. In order to become a MY IT BRAIN customer, the Customer must complete in full an application form located on the Website (www.MY IT BRAIN.com). As part of the application, the Customer will be required to provide MY IT BRAIN with a unique Username, and a password. MY IT BRAIN will then send the Customer an electronic notification (in the form of an e-mail message), containing a verification link to activate their MY IT BRAIN account.
a. Credit References. MY IT BRAIN may refuse to provide services to a Customer if the Customer's credit is not deemed satisfactory which determination shall be made at MY IT BRAIN's sole discretion. NOTICE: CUSTOMER EXPRESSLY AUTHORIZES MY IT BRAIN AND/OR THIRD-PARTIES DESIGNATED BY MY IT BRAIN TO PERFORM A CREDIT CHECK AND / OR FRAUD SCORE BASED UPON THE INFORMATION PROVIDED IN THE APPLICATION FORM WHEN OPENING AN ACCOUNT AND THE ELECTRONIC SIGNATURE BELOW SHALL SERVE AS WRITTEN CONFIRMATION OF THIS AUTHORIZATION. ALL INFORMATION PROVIDED BY THE CUSTOMER SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE DISSEMINATED TO ANY THIRD PARTIES EXCEPT TO THOSE THIRD-PARTY'S EXPRESSLY AUTHORIZED HEREIN.
b. Usernames/Passwords. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD. THE CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL SERVICES CHARGED TO THEIR ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. AS SUCH, MY IT BRAIN CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMERS ACCOUNT OR CREDIT CARD INFORMATION. If a Customer suspects that their Account, Username and/or Password is being used in an unauthorized manner, the Customer shall be required to contact MY IT BRAIN within twenty-four (24) hours of a Customer's suspicion or awareness that unauthorized use has occurred on their Account so that the appropriate modifications can be made to prevent any further unauthorized usage on that Account. ALL ACCOUNT INFORMATION WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED BY THE CUSTOMER AT SIGN UP. Therefore, it is the Customer's responsibility to provide MY IT BRAIN with a secure e-mail address as MY IT BRAIN will not be responsible and shall be held harmless for any access to Customers Account by any unauthorized persons.
12. Payment. SERVICES PROVIDED UNDER SECTION 1a(ii); (iii) and (iv) ARE PROVIDED ON A PRE-PAID BASIS ONLY. As a Customer uses MY IT BRAIN's services, their Account will be debited accordingly. No phone services will be provided if the Customer's Account does not have a sufficient balance to cover the cost of the service requested. Notwithstanding the foregoing, a Customer with an insufficient balance to cover requested Pre-paid Services will still be able to utilize the free call between MY IT BRAIN subscribers.
13. Recharging Account. In the event a Customer wants to use MY IT BRAIN's services in an amount, which exceeds the remaining balance in their Account, they may access the Website and recharge (or supplement) their Account by purchasing additional services. Customer also has the option of setting their account in auto-re-charge position with a predefined amount of automatic re-charge using the credit card information maintained on file with MY IT BRAIN. The Customer will receive an electronic confirmation/receipt from MY IT BRAIN of any such re-charge.
14. Rates. MY IT BRAIN's rates are listed on its Website. You are responsible for checking all applicable rates/promotions before making any call using MY IT BRAIN's services. Please note that the rates for calls to certain numbers (e.g., mobile/special service numbers) may be higher than rates for calls to other numbers within the same country. MY IT BRAIN reserves the right, at its sole discretion, to modify these rates at any time and/or to offer or discontinue special promotions. Rates are based on country code and city code, not country name. While MY IT BRAIN endeavors to maintain rates that are competitive in the market, MY IT BRAIN does not guarantee that its rates will change in any predictable fashion. In addition, should market conditions or factors outside of MY IT BRAIN control raise its costs or wholesale rates to some or all service destinations, MY IT BRAIN reserve the right to adjust its rates accordingly.
15. Rate Changes. MY IT BRAIN RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY ITS RATES, MONTHLY FEES, SURCHARGES, AS WELL AS ANY OTHER FEES COLLECTED BY OR PAID TO MY IT BRAIN UNDER THE TERMS OF THIS AGREEMENT. If a Customer chooses to terminate their Account as a result of changes in MY IT BRAIN's prices, the Customer must CANCEL their account no later than the twenty-sixth (26) day of the month. You must then e-mail customer support or open a trouble ticket to request a refund of any funds within your balance. If MY IT BRAIN does not receive notification by the Customer by the twenty-sixth (26) day of the month the Customer's account will be charged for the next monthly billing cycle. Any unused balance in a Customer's Account will be credited back to the credit card on file with MY IT BRAIN in accordance with MY IT BRAIN's Money Back Guarantee Policy.
16. Monthly User Fee. If a Customer subscribed for a rate plan or service with a monthly fee, this fee will be charged regardless of whether a Customer uses their Account to make any telephone calls, or uses the service in a given month.
17. Email Notification. The Customer is responsible for both maintaining a current and operational e-mail address and for reading all e-mail notices from MY IT BRAIN. It is expressly understood by you that e-mail notification will be the only manner by which MY IT BRAIN will communicate with you regarding updates to its services and information pertaining to your Account. You may also view information regarding your Account by logging into your MY IT BRAIN Account on the MY IT BRAIN website.
18. Consent to e-Mail Communications. By entering into this Agreement, you consent to both the receipt of electronic mail ("e-mail") from MY IT BRAIN and that e-mail communication shall be the sole manner by which MY IT BRAIN shall contact Customer. In addition to sending a Customer e-mail notification as provided for above, MY IT BRAIN may also send a Customer e-mails about services and products the Company believes may be of interest to you. A Customer may opt-out of future e-mails about products or services by contacting MY IT BRAIN by opening a trouble ticket or in writing. MY IT BRAIN reserves the right, however, to continue to e-mail Customer important information relating to their Account, this Agreement or other regulatory communications.
a. When the service is activated, you must provide MY IT BRAIN with a valid email address and a credit or debit card number from a card issuer that we accept. MY IT BRAIN reserves the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is cancelled and replaced on account of loss or theft, you must advise MY IT BRAIN at once. MY IT BRAIN will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit or debit card, including but not limited to:
i. activation fees;
ii. monthly Service fees;
iii. international usage charges;
iv. advanced feature charges;
v. equipment purchases;
vi. termination fees; and
vii. shipping and handling charges.
The amount of such fees and charges shall be published on MY IT BRAIN's website and may change from time to time. Notification of monthly statements will be sent to you via your email address on file with MY IT BRAIN. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $50.
b. Billing Increments. Charges for telephone calls are measured in whole minutes. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website. Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or MY IT BRAIN's network receives an "on-hook" signal from the terminating carrier. MY IT BRAIN will not, and is not obligated to, provide refunds for any calls made using its service.
c. Billing Information. MY IT BRAIN does not send any statements to its customers. Instead, the Customer is responsible to view their statements using their secure USERNAME and PASSWORD to access their billing information, which shall be available on MY IT BRAIN's website for the current month and prior three (3) months only. This information is available on the Website twenty-four (24) hours a day seven (7) days a week. (For example, if a Customer reviews their statement information in April, they will be able to see charges for April as well as the preceding months of March, February, and January. The customer is responsible for printing out their monthly statements, and MY IT BRAIN will not provide monthly statements beyond what is available online.
d. Billing Disputes. A Customer must notify MY IT BRAIN by e-mail or by opening a trouble ticket on the CALLCENTIRIC website of any disputed charges within thirty (30) days of the charge being posted to their Account. MY IT BRAIN will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent MY IT BRAIN determines, at its sole discretion, that a billing adjustment is warranted, a Customer's Account will be credited accordingly. If a Customer fails to notify MY IT BRAIN of a billing dispute as noted above, the Customer shall expressly waive all rights to bring any claim against MY IT BRAIN regarding a disputed charge. This Section does not waive Customers responsibility to notify MY IT BRAIN of unauthorized use of its Account, Password or Username within the period and by method set forth in Section Eleven B (11b) herein.
20. Ownership of Account. MY IT BRAIN will not make any adjustments to a Customer's Account information nor send the Username or Password unless provided with both the first and last four (4) digits of a Customer's credit card number on file, the answer to the security question chosen by Customer, and/or any other information MY IT BRAIN deems necessary at its sole discretion. A Customer can request their password be sent to them at any time via email by clicking the "Forgot Password" link on the sign-in page. If you cannot provide this information, MY IT BRAIN will close your Account and credit the balance using the credit card information of file. You can always cancel your Account by logging into the MY IT BRAIN website at www.MY IT BRAIN.com.
21. Expiration. A Customer's account shall refresh monthly until Cancelled with MY IT BRAIN in accordance with the terms set forth in this Agreement. Notwithstanding the foregoing; MY IT BRAIN reserves the right, in its sole discretion, to cancel or de-activate any account that has been inactive for an extended period of time. This clause is applicable to both standard MY IT BRAIN Accounts as well MY IT BRAIN Agent Accounts (CAP Program Accounts).
a. Discontinuance of Service. MY IT BRAIN reserves the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service 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 on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
b. Cancellation. A customer may discontinue MY IT BRAIN's Free-Services or Pre-Paid Services at any time upon notice (either electronic or written) to MY IT BRAIN. The Company will then shut down all access to Customers Account. The unused balance will be credited back to you are the Customers credit card in accordance with our Money Back Guarantee Policy. MY IT BRAIN reserves the right, at its sole discretion and for any reason, to (a) terminate this Agreement and the Customers access to its Service and/or (b) to refuse to allow the Customer to re-charge their Pre-Paid Account. If fraud is suspected, MY IT BRAIN has the right to put an account immediately on hold until investigation into the fraud is completed.
23. International Calls. Although the quality of international telephone calls has improved greatly in recent years, calls to certain countries outside the United States can be interrupted as a result of service/network issues in those countries. MY IT BRAIN will attempt to identify any such issues, with the cooperation of the Customer. All necessary information must be provided including date, time, origination number and destination number. However, MY IT BRAIN WILL NOT REFUND ANY CHARGES FOR SUCH INTERRUPTED CALLS.
24. Government Taxes. MY IT BRAIN reserves its right to pass through to the Customer any new government taxes, fees or surcharges that shall appear as an additional itemized charge on Customer's Account.
25. Agents. MY IT BRAIN does not authorize any third-party agents or resellers to sell MY IT BRAIN services, electronically or through phone cards, unless specifically authorized by MY IT BRAIN. If contacted by an agent, a Customer is required to contact MY IT BRAIN to confirm that the contacting agent is licensed and authorized by MY IT BRAIN to provide these services. If a Customer fails to confirm authorization of a third-party agent or reseller of MY IT BRAIN, Customer cannot hold MY IT BRAIN liable and expressly releases MY IT BRAIN from any representation made by an unauthorized third-party agent or reseller.
26. Access to Third-Party Vendors. MY IT BRAIN Customers may also purchase various products and services from third-party vendors by accessing those third-party vendors directly through MY IT BRAIN's Website via click throughs or hyperlinks. MY IT BRAIN is not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. MY IT BRAIN provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement, guarantee or warranty (either expressed or implied) by MY IT BRAIN of the site or the products/services offered through that site.
27. Customer Service. If a Customer has any questions, concerns or complaints about the services, provided by MY IT BRAIN they may contact MY IT BRAIN's Customer Service Department 24 hours a day, 7 days a week by opening a Trouble Ticket.
28. No Third-Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights.
29. Limitation of Liability. MY IT BRAIN SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS (including E911 calls), REGARDLESS OF THE NATURE OF THE CLAIM. MY IT BRAIN WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF MY IT BRAIN HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADDITION, MY IT BRAIN SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
30. No Warranties. MY IT BRAIN DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT.
31. Force Majeure. MY IT BRAIN shall not be liable for its failure to perform its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of MY IT BRAIN.
32. Indemnity. Customer agrees to indemnify, defend and hold MY IT BRAIN, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorney’s fees, which are the result of, or are in any way related to, Customers use of the Website, MY IT BRAIN's services, and/or your transactions/communications with third-party vendors initiated via the Website.
33. Exclusive Jurisdiction and Venue. Any suit involving any dispute or matter arising under this Agreement may only be brought in the United States District Court, Eastern or Southern Districts of New York located in the State of New York or the Supreme Court of the State of New York, County of New York, which shall have jurisdiction over the subject matter of the dispute or matter. Customer hereby expressly consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding and waive any objection to venue or inconvenient forum and to the waiver of any right to bring, represent or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in Court. THE CUSTOMER FURTHER EXPRESSLY WAIVES ANY RIGHT OF ANY RIGHT TO A JURY TRIAL, TO RAISE COUNTERCLAIMS OR TO ASSERT THE DEFENSE OF SETOFF IN ANY CLAIM FILED BY MY IT BRAIN UNDER THE TERMS OF THIS AGREEMENT.
34. Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of MY IT BRAIN, LLC, including but not limited to "MY IT BRAIN" and "MY IT BRAIN.com" (collectively "Marks") are and shall remain the exclusive property of MY IT BRAIN and nothing in this Agreement shall grant Customer the license to use such Marks without the express written permission of MY IT BRAIN.
35. Assignment. MY IT BRAIN may assign its rights and duties under this Agreement to any party at any time without notice to the Customer. A Customer may not assign their rights and duties under this Agreement without the express written permission of MY IT BRAIN, and such permission and/or authorization shall be in the sole discretion of MY IT BRAIN.
36. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provision will of this Agreement will continue in full force and effect.
37. Integration - Entire Agreement. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between Customer and MY IT BRAIN with respect to the services provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and MY IT BRAIN.
38. Governing Law. This Agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New York.
39. Waiver. MY IT BRAIN's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision hereof nor MY IT BRAIN right to enforce a provision upon the Customer.
40. Term. The term of this Agreement shall be from the inception of a Customer’s Account until termination.
42. Compliance with Laws. MY IT BRAIN shall comply with all applicable federal, state and local laws and/or regulations regarding the provision of the services provided for under this Agreement.
43. Use. Customer agrees to use MY IT BRAIN's service in a lawful manner, which is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. MY IT BRAIN reserves the right to immediately, and without notice, terminate, or otherwise discontinue, a Customer’s Account in the event it determines that a Customer has violated any such term, condition, law and/or regulation.
44. Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. MY IT BRAIN reserves the right to terminate or suspend your Services and remove you or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. MY IT BRAIN's action or inaction under this Section will not constitute any review or approval of you or your Users' use or content.
45. Legality. MY IT BRAIN MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES, TECHNOLOGY OR EQUIPMENT BEING PROVIDED IS LEGAL OR ALLOWED IN YOUR HOME COUNTRY, OR THE COUNTRY YOU ARE PLACING CALLS FROM. MY IT BRAIN IS NOT RESPONSIBLE FOR VERIFYING LOCAL/NATIONAL LAWS AND IT IS UP TO YOU TO DETERMINE IF USING THE MY IT BRAIN SERVICE IS LEGAL IN YOU COUNTRY/JURISDICTION. BY ACCPETING SERVICE UNDER THE TERMS OF THIS AGREEMENT YOU ARE EXPRESSLY RELIEVING MY IT BRAIN FROM ANY LIABILITY ARISING UNDER THE TERMS OF THIS PROVISION.
46. Modifications/Amendments. This Agreement may be modified or amended by MY IT BRAIN at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under Terms and Conditions. Furthermore, you will be asked to verify acceptance of these terms when you initially signup for your account. YOUR CONTINUED USE OF YOUR ACCOUNT WILL BE CONCLUSIVELY DEEMED TO BE AN EXPRESS ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS AGREEMENT AND ANY MODIFICATIONS.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
MY IT BRAIN LLC
Miami, FL 33155
Phone: (800) 340-0065