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Terms of Use

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This agreement (“Agreement”) is entered between you (Customer) and Lugus Technologies Ltd. (“Lugus” or the “Company”) for the use of Lugus communications service and/or integrated information and application services (“Service” or “Lugus Service”). Lugus expressly advises you that this Service is subject to various restrictions and limitations as contained herein.

Please read this Agreement carefully before accessing or using the Service. Upon access and use of the Service you agree to be bound by all of the terms and conditions set forth herein. If you do not agree with the terms and conditions of this Agreement, do not use the Service and notify us immediately to cancel Service.

1. Registration Requirements

1.1 By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account in accordance with the terms of Section 9.5 below and/or in accordance with any written agreement for Service between you and Company.

1.2 You agree to provide Company with accurate and complete billing and personal information, including but not limited to your legal name and surname, personal ID number, home address, and telephone number. Any changes to this information must be provided to Company within 30 days of the change. The Client shall be responsible for the veracity of the information disclosed to the Company when subscribing to the Service. If at any moment the information provided by the Client is proved to be false, it shall be considered a gross breach of the obligations of the Client hereunder and the Service shall be immediately terminated.

1.3 By accepting the terms of this Agreement, Customer represents that he/she is not a minor and is of legal age to sign a binding contract for the Service. Minors who use the Service are required to have parental or guardian consent to do so.

1.4 The Service has other terms and conditions described below. Please make sure that you are familiar with all terms and conditions before using the Service.

2. Service

2.1 This Service is limited to what is expressly stated in Lugus’ Service offering for Brasil Flat.

2.2 The Service provided includes: access to Lugus local telephony point-of -presence; carrying of transit voice traffic across Lugus’ backbone; and routing of voice calls over Lugus’ backbone, public switched telephone network, and/or other public or private networks as necessary.

2.3 Services not labeled as commercial, are limited to the sole use as residential service. Calling to more than 10 (ten) different telephone numbers per week or using the service more than 600 (six hundred) minutes per week are some of the strong indicators of none residential use of service

2.4 Company reserves the sole right to determine what usage shall be considered residential. If Customer utilizes the Service for any other purpose, their access to Service may be immediately terminated.

2.5 Lugus reserves the sole right to determine methods of access and optimum routing for communications across the Company backbone or across other networks.

2.6 To make calls to Brasil in "Two Way" services, an access number in the customer's Area Code or with overlay to it will be allocated to his service. If no access numbers are available in the customer's Area Code and a "Toll Free number is available, the "Toll Free" number will be allocated. If the telephone company charges long distance fares to call to the allocated access number, those charges are a responsibility of the customer with his telephone company.

2.7 The Service is made available on a best-efforts basis, but Lugus makes no guarantees or warranties, express or implied, as to the availability or quality of the Service itself or any specific feature of the Service.

3. Use of Service

3.1 You are responsible for all charges assessed as a result of use of your account.

3.2 You and any members of your company/household are the only individuals who are authorized to access the Service through your account. You are responsible for ensuring that all authorized users of your account comply with this Agreement. Also, you are responsible for maintaining the confidentiality of any passwords or access codes required for use of the Service by you or members of your household.

3.3 You agree that you will not use the Service or permit others to use the Service through your account in any way that: violates any local, state or federal law or regulation; subjects Company, its subsidiaries, clients, or customers to criminal or civil liability; or contravenes this Agreement.

3.4 You agree that the Company has the right to monitor all accounts for unauthorized or fraudulent use of the Service and may terminate your account immediately if Company determines, in its sole discretion that you have engaged in unauthorized or fraudulent use of the Service, including but not limited to non-residential use of a residential account. For the purposes of this Agreement, non-residential use shall be solely determined by Company.

3.5 You may not and are strictly prohibited from the sale or resale of the Service, mass communications equipment of any kind, including, but not limited to computers, with the Service, use the Service in conjunction with a call center, or use the Service for call back, call sell, or debit card services.

3.6 Company may disclose information regarding your use of the Service to satisfy lawful governmental requests; operate, maintain or improve the Service; or protect Company, its subsidiaries, clients and customers against criminal and civil liability. Unless required by law or otherwise as provided herein, Company will not disclose customer information to outside persons or entities, unless the information can be disclosed in an aggregate, non-individually-identifying format.

3.7 The Service may be used for voice communications only, and may not be used for broadcast facsimile, or data communications.

3.8 If you use the Service to call to or from party lines, call shops, chat rooms, conference lines, or other similar types of services, Company reserves the right, in its sole discretion to either (i) terminate your account immediately or (ii) charge you the actual costs incurred by Company for such use plus a 10% administrative fee.

3.9 Company restricts access to certain types of calls such as but not limited to pay numbers (“900” and “976” ), operator services, and information. Accessing services through these types of numbers with this Service shall subject You to the provisions of Section 3.8.

3.10 Company may restrict declared customer phone number changes to one per month at its sole discretion.

4. Indemnity and Right of Refusal

4.1 You agree to defend, indemnify and hold harmless Company its officers, directors, employees, agents, shareholders, licensors and suppliers to the Service from any and all liabilities, costs and expenses, including without limitation attorneys’ fees and costs, related to or arising from: any unauthorized use of the Service; any violation of this Agreement by you or those who access the Service through your account; and the use of the Service by you or by those who have access to your account in a manner contrary to any law or regulation or harmful in any way to Company or any of its subsidiaries or affiliates. The provisions of this paragraph are for the benefit of Company, any of its subsidiaries or affiliates, and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

4.2 Company reserves the right to decline or refuse Service to any potential customer for any reason, subject to applicable law. Further, Company reserves the right to terminate any account without cause subject to the provisions of this Agreement.

5. Prices

5.1 All payments for Services must be paid in advance unless otherwise stated in Service Offering.

5.2 You agree to pay all attorney and collection fees and costs arising from efforts to collect any unpaid balance on your account.

5.3 Current price plans for the Service are available at the Internet site located at http://www.brasilflat.com. Please note that the price plans are subject to change without notice.

5.4 The actual prices for active services, with new subscriptions suspended, are indicated following the link below:

actual prices of previous products

5.5 You hereby authorize Company to charge your account for the price plan you select during the sign-up process every thirty (30) days beginning on the day you sign-up. If your account becomes delinquent, Company reserves the right to suspend or cancel your account at its sole discretion.

5.6 A service charge, up to the maximum allowed by the state in which you reside, will be assessed to your account if your check, bank draft or credit card is dishonored by your financial institution for insufficient funds.

5.7 Interest charges (1.5% per month, or the highest rate permitted by law if lower that 1.5% per month) will accrue daily on any unpaid balance that is past due.

5.8 Company does not issue pro rata refunds for any fees paid in advance.

5.9 All bonus and promotional minutes will expire 30 days after the relevant purchase or sign-up date. After the 30-day period, unused bonus or promotional minutes will be forfeited.

5.10 You may use the Service only so long as your charge or credit card remains valid and in good standing. The Service must not be used after your charge or credit card has expired or has been withdrawn, revoked, or terminated. You continue to be responsible to Lugus for any charges resulting from the use of the Service after your charge or credit card has been terminated, or after you revoke your authorization to bill your account, which charges will be payable immediately to Lugus.

6. Restrictions on Services

6.1 You explicitly acknowledge that certain aspects of telephone service that may work normally on the public switched telephone network (“PSTN”) may have problems on the Company’s Internet Protocol (“IP”) network. Certain features of the PSTN may not exist or work properly on the Company’s IP network. In particular, as the Customer you may experience problems such as: (i) inability to access the Service due to maintenance or improvements in operations; (ii) inability to access the Company’s IP network during times of peak usage; (iii) inability to complete calls; (iv) dropped telephone calls; (v) lower quality of sound; (vi) other problems that may arise from time to time.

6.2 You explicitly acknowledge that the Service is not intended to, and will not replace any existing telecommunications facility or carrier to whom you may currently subscribe.

6.3 You explicitly acknowledge the possibility of problems as mentioned above. You further agree that the Service is delivered “as-is” and “as-available,” and that you are not entitled to any refund or Service credit because of the problems mentioned above. No employee or agent of Company or its subsidiaries has any authorization to provide such a refund or credit, nor to provide any guarantees of warranties beyond those contained herein. Company shall not be liable for any costs, damages, lost wages or lost profits arising directly or indirectly, or other incidental, direct, consequential or other damages, from use or inability to use the Service. You assume and knowledge full responsibility and risk for use of the Service.

7. No Warranty

7.1 The Service is being offered on an “as-is” basis. Company expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose.

7.2 In no event, and under no legal theory, contract, tort, or otherwise, shall Company or its subsidiaries or affiliates be liable for any direct, indirect, special, incidental, punitive or consequential damages of any kind whatsoever, including but not limited to damages resulting from loss of profits, wages or business, even if advised of the possibility of such damages.

7.3 Should the Service prove defective, insufficient or inappropriate, you assume the entire cost of all necessary servicing, repair or correction necessary to discontinue the use of the Service.

8. E-mail Notifications

8.1 In order to inform customers about new products, services and sale promotions, the Company will send you an e-mail with their details an specifications. You agree, as a service subscriber, that the Company may send those e-mails to your e-mail address, registered at your subscriber record. E-mails may be also sent with the commercial name of our service, "Brasil Flat".

9. Term of Agreement
  9.1 This Agreement is effective immediately upon your acceptance of its terms. Acceptance of terms is indicated by establishment of your account and/or use of the Service. Your continued use of the Service constitutes your ongoing and continuous acceptance of the Agreement.
10. Termination

10.1 Company may terminate this Agreement: (i) at any time, without cause, upon seven (7) days notice; (ii) immediately, if you or any person who has access to your account, commits a breach of this Agreement, including but not limited to failure to pay any charges.

10.2 Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate.

10.3 Termination of this Agreement does not release you from the obligation to pay any and all accrued charges under this Agreement.

10.4 Company’s right to enforce certain provisions contained herein shall survive the termination of the Agreement.

10.5 You may terminate your account and this Agreement by the following methods, in which case you would be liable for accrued charges for Service provided until the effective date of the termination:

(i) US mail, return receipt requested, addressed to: Lugus Customer Services, 8345 NW 66 St #5881, Miami, Florida, 33166.

(ii) Via email at soporte@brasilflat.com
(iii) Calling to our Customers Service “Toll Free” number, stated in this web site for your service country residence.

The termination process will be held within 72 hours. If the termination order is not received with at least 72 hours in advance of the next billing date and the process is completed after the corresponding billing date, charge will be effective and service will expire at the following date of bill.

10.6 To the extent the terms of this Section 10 or any other provisions of the Agreement contradict any other written agreement for Service between You and Company, such other written agreement for Service governs.

11. Governing Law and Jurisdiction

11.1 This Agreement shall be governed by the laws of the State of Florida.

11.2 In the event any provisions of this Agreement are found to be in violation of local, state or federal law, you must still abide by the provision of the Agreement that are not in violation of such law.

11.3 You explicitly consent and agree to the jurisdiction of the state courts having jurisdiction for Miami, Florida with respect to all disputes arising out of this Agreement, your use of the Service, or otherwise, between you and Company.

11.4 Any judicial proceeding affecting in any way the contract for Services between You and Company or your use of the Services contracted, shall be brought and litigated solely in the state court system of the State of Florida , if at all. In such event, you acknowledge the right of the specified court to assert jurisdiction in any such action over you, and you explicitly waive and release defense to that assertion of jurisdiction.

11.5 Any cause of action you may have with respect to the Service must be commenced within one year after the claim or cause of action arises.

12. Assignment

12.1 Neither this Agreement nor any of your rights or obligations arising hereunder shall be transferable by you to any third party without Company’s prior written consent. Lugus may assign its rights and duties under this Agreement to any party at any time without notice to you.

13. Amendments
  13.1 Company reserves the right to alter, amend or modify this Agreement at anytime without notice and such modifications shall be deemed effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
14. No Waiver

14.1 Lugus'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 or right hereunder.

15. Refund Policy
  15.1 As services offered are of an intangible special feature, no refunds are admitted.


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