Last updated: 2026-05-24
Terms of Service
These Terms of Service ("Terms") govern your use of services provided by Netexem ("we," "us," "our") including business VoIP phone service, business internet, business TV, the Netexem unified communications platform, hardware sales, installation, and related professional services (collectively, the "Services"). By signing a service order, by using the Services, or by accessing our website, you agree to be bound by these Terms as updated from time to time.
If you do not agree to these Terms, do not use the Services.
1. Eligibility
You must be at least 18 years old, or 13 or older with verifiable parental consent, to enter into a service agreement. By using the Services you represent that you have legal capacity to bind your organization to these Terms.
2. Service Description
Netexem provides bundled business telecommunications services to commercial customers. Service availability, technical specifications, hardware compatibility, and pricing are quoted per-address during onboarding and confirmed in a written service order. Services are intended for use at a commercial address — residential use is not supported.
3. Billing and Payment
Recurring services are invoiced monthly in advance. Installation and one-time charges are invoiced at completion. Payment is due within 30 days of invoice date. Late payments accrue interest at the rate of 24% per annum or the maximum allowed under applicable law, whichever is lower. Unpaid balances over 60 days past due may result in suspension of service.
Charges quoted in writing at the time of order are honored for the duration of the customer relationship absent a material change in scope, regulatory mandate, or upstream carrier price action. We provide at least 30 days advance written notice of any rate change.
4. Term and Cancellation
Services are provided on a month-to-month basis. Either party may cancel by providing 30 days written notice. There is no early-termination fee because there is no fixed term. Upon cancellation, customer must return any leased equipment in good working order within 14 days; unreturned or damaged equipment is billed at replacement cost.
We may suspend or terminate Services immediately upon material breach (including non-payment beyond 60 days, fraud, or violation of acceptable use), or upon 30 days notice for any reason.
5. Service Availability
The Services are provided "as-is" and "as available." We do not guarantee any specific level of uptime, throughput, or speed in this agreement. Our published uptime figures reflect historical operating performance, not contractual commitments. Service may be interrupted by upstream carrier failures, third-party software incidents, weather events, power outages, equipment failures, scheduled maintenance, or causes outside our reasonable control.
Where customer-specific Service Level Agreements ("SLAs") are issued in writing as part of a service order, those SLAs govern the relevant performance measurements and remedies.
6. Customer Responsibilities
Customer agrees to:
- Provide accurate billing, contact, and service-address information
- Provide reasonable access to premises for on-site installation and repair
- Maintain a compatible internet connection where required for VoIP service
- Use the Services only for lawful business purposes
- Comply with TCPA and other applicable telecommunications regulations on all messaging traffic originated through the Services
- Pay all charges when due
- Provide accurate Caller ID information for emergency-services routing
Customer is responsible for backing up data prior to any remote-support session. We are not liable for data loss occurring before, during, or after support engagement.
7. Acceptable Use
You may not use the Services to:
- Transmit unsolicited bulk communications in violation of CAN-SPAM, TCPA, or similar law
- Transmit content that is illegal, harassing, defamatory, infringing, or otherwise unlawful
- Interfere with or disrupt the Services or networks connected to the Services
- Resell the Services to third parties without a written reseller agreement
Violation of this section is grounds for immediate suspension.
8. Hardware and Equipment
Hardware purchased outright becomes customer property upon payment. Hardware leased as part of the Services remains Netexem property and must be returned upon cancellation. Yealink desk phones and Netexem-provisioned routers carry a one-year manufacturer warranty against defects; warranty service is performed by Netexem at no additional charge during the warranty period excluding damage caused by customer misuse.
9. Intellectual Property
Netexem retains all rights to its software, platform, brand, and documentation. Customer is granted a non-exclusive, non-transferable license to use the Netexem unified communications platform solely for internal business purposes during the term of the relationship. Customer retains all rights to customer content (voicemails, recordings, messages, contacts).
10. Confidentiality
Each party agrees to protect the other party's confidential information with the same care it uses to protect its own confidential information, but in no event less than reasonable care. Confidential information includes business plans, customer lists, technical configurations, pricing, and trade secrets. Confidentiality obligations survive termination for three years.
11. Limitation of Liability
To the maximum extent permitted by law, Netexem's total cumulative liability arising out of or related to the Services or these Terms shall not exceed the total fees paid by customer to Netexem during the 12 months immediately preceding the event giving rise to the claim.
In no event shall Netexem be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunity, or loss of data, regardless of the form of action and even if Netexem has been advised of the possibility of such damages.
12. Indemnification
Customer agrees to indemnify, defend, and hold harmless Netexem, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of customer's use of the Services in violation of these Terms, customer content transmitted through the Services, or customer's violation of any applicable law.
13. Claims Deadline
Any claim arising out of or related to the Services or these Terms must be filed within one year after the cause of action accrues, or it is permanently barred.
14. Non-Solicitation
For the duration of the relationship and for 12 months following its termination, customer agrees not to directly solicit for employment any Netexem employee with whom customer had material professional contact during the relationship. General employment advertising and unsolicited applications are not restricted.
15. Modifications
We may update these Terms from time to time. Material changes will be communicated by email to the account contact and posted on this page at least 30 days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles. The parties agree that the exclusive venue for any dispute arising out of or related to these Terms is the state and federal courts located in Jackson County, Oregon. Both parties consent to personal jurisdiction in those courts.
The parties will attempt in good faith to resolve any dispute through direct negotiation before filing suit. Either party may demand mediation through a mutually agreed mediator before pursuing litigation.
17. DMCA
Netexem complies with the Digital Millennium Copyright Act. Notices of alleged copyright infringement should be sent to our designated agent. We will respond to valid takedown notices in accordance with the DMCA and may suspend or terminate accounts of repeat infringers.
18. Entire Agreement
These Terms, together with any written service order, SLA, or addendum executed by both parties, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements, communications, and understandings on the subject. If any provision is held invalid, the remainder of the Terms shall remain in full force.
19. Contact
Questions about these Terms can be directed to our office during normal business hours.
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.