STANDARD TERMS AND CONDITIONS

This is an agreement ("Agreement") for enhanced telecommunication and/or long distance services ("Service") between you and Budget800 (a subsidiary of DataTel Services, Inc.) and may include Service related to a personal or access number assigned to you ("Number"). Any of the following actions constitutes your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: (i) your initialization of the Service, either on the telephone or web page, through the use of your Number, (ii) your registering for Service on our Web page and selecting "I Accept" as part of the registration process, (iii) ordering Service from our sales personnel and providing them with your credit card number and billing information, or (iv) your signature on an Budget800 Enrollment Form.

1. Term. The term of this Agreement begins on the date we activate Service for you or your Number. IF YOU SELECT A SERVICE PLAN WHICH REQUIRES A FIXED TERM OF MORE THAN ONE MONTH (SUCH AS A ONE-YEAR PLAN), YOU AGREE TO PURCHASE SERVICE ON THAT PLAN FOR THE FULL TERM. After the term expires, this Agreement will continue from month to month until terminated by either party upon 30 days notice.
2. Use of Service and Number. You agree not to use the Service for any unlawful or abusive purpose or in any way which interferes with our ability to provide Service to our customers, or damages our property. You agree not to use the Service for any illegal activities. Resale of your Number, the Service, or any part thereof, is prohibited without prior contractual arrangements with us and any required regulatory approvals. As set forth below, you have no ownership rights to the Number; we may change your Number by giving you notice, although we will take all reasonable steps not to do so. If your Service is fraudulently used, you must immediately notify us. We have the right to interrupt or restrict Service to you, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Upon termination of the Service, Customer's right to use the Service immediately ceases.
3. Charges. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement. You are responsible for paying all charges to your account for Service, including but not limited to, long distance and directory assistance charges and for all taxes and surcharges imposed on you or us as a result of your use of the Service.  800/888/877/866 Numbers are charged on the in-bound call only, except that fax forwarding and international calls are charged separately when available.
4. Billing and Payment. Any applicable initiation charges and monthly recurring are billed in advance. Usage charges are billed in arrears. Payment of all charges is due thirty days from the date of the invoice. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations. If you have authorized payment by credit card, no additional notice or consent will be required for billings to that credit card or account. You will advise us of any changes to your credit card account, such as account number or expiration date changes. Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of our rights to collect the full amount due under this Agreement. We may assess an additional fee of fifty dollars ($50) for any check returned for nonpayment. Notice of any disputes must be in writing and received by us at our address within thirty days after the invoice date or you will waive any objection.
5. Default/Termination. If you fail to pay any amount owed to us within 5 days after the due date, or if you have in the past failed to pay amounts due us or an affiliate of ours, or if you breach any representation to us or fail to perform any of the promises you have made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, in our sole discretion and with or without prior notice, suspend or restrict Service and/or terminate this Agreement, in addition to all other remedies available to us. We may require reactivation charges to renew Service after termination or suspension. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement, including any applicable cancellation fee. You agree to pay all costs including attorney’s fees, collection costs and court costs we incur in enforcing this Agreement through any appeal.
6. Deposits/Credit Reports. You represent and warrant that all information you have provided to us in connection with your registration for Service is true, accurate, current and complete. You authorize us to ask consumer reporting agencies or trade references to furnish us with employment and credit information, and you consent to our rechecking and reporting personal and/or business payment and credit history. We may require a deposit, or increase an existing deposit, to establish or maintain Service which will be held as a partial guarantee of payment and cannot be used by you to pay your bill or delay payment. Unless otherwise required by law, deposits may be mixed with other funds and will not earn interest. If you default or this Agreement is terminated, we may, without notice to you, apply any deposit towards payment of charges due.
7. Cancellation Fees. IF YOU SELECT A FIXED TERM, AND THIS AGREEMENT OR YOUR SERVICE IS TERMINATED BEFORE THE END OF THAT FIXED TERM BY YOU OR BY US FOLLOWING YOUR DEFAULT (INCLUDING A FAILURE BY YOU TO MAKE PAYMENT OF AMOUNTS YOU OWE US), YOU WILL BE IN MATERIAL BREACH OF THIS AGREEMENT. YOU AGREE OUR DAMAGES WILL BE DIFFICULT OR IMPOSSIBLE TO DETERMINE AND YOU AGREE TO PAY US, AS A REASONABLE ESTIMATE OF OUR DAMAGES AND IN ADDITION TO ALL OTHER AMOUNTS OWING, A CANCELLATION FEE EQUAL TO THE MONTHLY FEE TIMES THE NUMBER OF MONTHS REMAINING IN THE FIXED TERM.
   
   Budget800 will allow cancellation of any non fixed-term Service plan purchased online within two business days of purchase for full credit of purchase price provided that:
   
   a. You have not configured Service personal options; and
   b. You have not used any Services and no calls have been made to or from your Number, if applicable
   
   Cancellations made after two business days and less than 30 calendar days from date and time of online purchase, regardless of your usage or personal configuration, will be charged for one full month of Service according to the Service plan selected, plus any setup fees, and charges for toll calls made and toll-free calls received.
8. Account Changes.You may change Service features or Service plan by notifying us and paying our standard charges, including any applicable early cancellation fee, and by complying with any other requirements we include to accomplish the change. Changes will take effect by your next billing cycle. If you transfer to a plan having a term which is shorter than your previous plan, you may remain obligated for the term of the previous plan. If we allow you to suspend your account for a temporary period, we may extend the term of your Agreement by the length of the temporary suspension. Any person able to provide your name, address, social security number, and your account number or Number is authorized by you to receive information about your account, and to make changes to the account.
9. Ownership of Number.You understand and agree that you are not the owner of any telephone number assigned to you by Budget800. Ownership of any such phone number is vested solely in Budget800 (who will assign or re-assign such numbers to you for your use during the term of this Agreement). You understand and agree that (a) Budget800 may from time to time need to change the number assigned to you (due to an area code split or for any other reason outside of Budget800's control) and (b) following the termination of your Budget800 account for any reason you will no longer have access to such number. In either case, such phone number may be re-assigned immediately to another customer and you agree that Budget800 will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to any such re-assignment, whether based on contract, tort or other grounds, even if Budget800 has been advised of the possibility of damages. In the event that the Number assigned to you by Budget800 is a Toll-Free number and the Service associated with that number being terminated, then Budget800 will, upon your written request, allow you to move that Toll-Free number from Budget800 to an alternate Toll-Free carrier (and will provide the necessary documentation to support this process), provided that (a) the termination of Service is not due to a default, and (b) all fees and charges for the Services, whether or not then due, have been paid in full.
   
   In the event that you have moved a Number, either local or Toll-Free, from a previous service provider or carrier to Budget800, then you will retain ownership of that Number. In the event the Service associated with that number being terminated, Budget800 will, upon your written request, allow you to move that local or Toll-Free number from Budget800 to an alternate carrier (and will provide the necessary documentation to support this process), only if (a) the termination of the Service is not due to a default, and (b) all fees and charges for the Services, whether or not then due, have been paid in full.
10. Modification; Assignment. We may change or modify this Agreement from time to time, but any such change (a) will be made in good faith, and (b) if significant (as determined in the sole discretion of Budget800), will only be made after first providing you with notice of the change. You can review the most current version of this Agreement at any time at www.Budget800.com. If you do not agree to a significant change, you may terminate this Agreement by giving us written notice within 15 days of receipt of our notice of such significant change and you will not be charged an early cancellation fee. No hand-marked changes on this Agreement or any amendment will be valid unless we accept the changes in writing. Delivery by facsimile transmission (fax) of a copy of a modification of this Agreement shall be effective as delivery of an original. We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of Budget800 to a third party without notice to you; provided any such third party shall be obliged to honor the terms of this Agreement. You may not assign this Agreement without our prior written consent.
11. NO WARRANTIES. THE SERVICES ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES REGARDING THE SERVICE WHATSOEVER AND EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the representations or warranties of any third persons with respect to the Services (including without limitation by dealers or resellers of the Services) beyond those made by Budget800, your sole remedy for such reliance is against the third person making such representation or warranty.
12. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE IF OUR NONPERFORMANCE OR A FAILURE OF THE SERVICE IS CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION, TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. WE ASSUME NO LIABILITY FOR SERVICE OUTAGES OR FOR FAILURE TO STORE, DELIVER OR TIMELY DELIVER ANY INFORMATION, MESSAGES OR CONTENT. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECULATIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS, EVEN IF BUDGET800 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILTY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, RELIANCE ON THE SERVICE, INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE. WE SHALL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICE.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BUDGET800 COMMUNICATIONS CORPORATION AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM (A) YOUR USE OF THE SERVICE, (B) ANY OTHER PERSON'S USE OF ANY ACCOUNT OR PIN YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF BUDGET800 OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

13. EMERGENCIES. IN THE EVENT OF AN EMERGENCY WHILE USING YOUR SERVICE, HANG UP AND DIAL "911."
14. Force Majeure. Either party shall be excused from any delay or failure in performance hereunder, other than the payment of moneys, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war or government requirements.
15. Privacy. Budget800's Privacy Policy is set forth on the Budget800 Web Site (www.Budget800.com). In addition, you authorize our monitoring and recording of your calls to us concerning your account or the Service and you consent to our contacting you from time to time by means of (a) automatic dialing equipment, or (b) your Budget800 voicemail box.
16. Notices. Notices to you shall be effective when sent by email to the email address provided to us or, at our option, 3 days following the date deposited in the US Mail addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our Customer Care Department and received at our address. Your notice must specify your name and Number. Oral notices shall be deemed effective on the date reflected in our records.
17. General Information. THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE BUDGET800 SERVICES, AND YOU EXPRESSLY AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE BUDGET800 SERVICES RESIDES IN THE STATE AND FEDERAL COURTS OF THE STATE OF CALIFORNIA, U.S.A. AND YOU CONSENT TO PERSONAL JURISDICTION IN SUCH COURTS WITH RESPECT TO ALL SUCH CLAIMS OR DISPUTES. In the event that any action is filed to interpret or enforce this Agreement, the most prevailing party shall be entitled to recover its costs, including expert witness fees and reasonable attorneys' fees, at trial and through appeal. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect. You hereby consent to Budget800 publicizing the existence (but not the terms) of the relationship contemplated hereunder as a part of Budget800's promotional and marketing activities from time to time. This Agreement constitutes the entire agreement between Budget800 and you with respect to your use of Budget800 services and your Budget800 account, and it supercedes all prior or contemporaneous communications and proposal, whether oral or written, between Budget800 and you with respect thereto. The failure of Budget800 to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.