Terms and Conditions

Returns, Refund and Cancellation Policy

Brainfood, Inc. values our relationship with you and offers a return policy for equipment and services purchased directly from Brainfood, Inc.

Returns and Refunds - Equipment/Merchandise
If the item you purchased directly from Brainfood, Inc. does not meet your expectations, you may return or exchange it at Brainfood, Inc. within 30 days from the date the item was purchased or shipped. Items purchased from www.brainfood.com or directly from Brainfood, Inc. over the phone may also be returned by mail. If returning your item to Brainfood, Inc. by mail, please retain a copy of the tracking number from the shipping carrier for your records. Depending on the reason for the return, return shipping charges may apply.

You may exchange items one time within 30 days from the date the original item was purchased or shipped.

Returned items must be in its original packaging and be in like-new condition (no physical or water damage). Any returned item must include the original components such as the device, battery, charger, manual, unopened software and invoice/receipt. Please remove any confidential, proprietary or personal information before returning your item. Brainfood, Inc. is not responsible for any item containing confidential, proprietary or personal information.

Refunds for like-new items returned within 30 days will be through the original payment method and may take up to two months.

A $35 restocking fee applies to all items purchased from Brainfood, Inc.

Item may not be refunded and the item may not be returned to you if one of the following applies:

Item was returned more than 30 days from the purchase or ship date.
Item was determined to be ineligible (e.g., opened software, liquid or physical damage).

Any rebate associated with the item subsequently returned will be voided.

The following purchases are excluded and cannot be returned or exchanged under this policy.

Item purchased from authorized dealers or retailers
Item received through an insurance claim
Gift cards and ringtone cards

Returns and Refunds – Services
There are no refunds or returns on design, programming, hosting or maintenance services.

VOIP, Hosting and Maintenance Service Cancellation
Call the number on your invoice/receipt to cancel your service. You may cancel service within 30 days from the activation date to avoid the early termination fee of $175. Thereafter ,the fee will decrease by $5 each month for the term of the agreement. You will be responsible for all applicable usage fees, prorated access charges, taxes, surcharges or other charges through the termination date. Brainfood, Inc. will refund your activation fee, if any, if service is terminated within 3 days of activation.

You may have to return any handsets and accessories purchased with the service before your account will be canceled. If you are allowed to cancel service within the 30 day return period, but do not return the equipment within the return period, Brainfood, Inc. may charge you an amount equal to or up to the full retail price of the equipment.

If you paid a security deposit, it will take 1 to 2 billing cycles to process the return of the security deposit. The charges for service used on the account before the service termination date will be applied against the security deposit.

Custom Design and Programming Services Cancellation

Cancellation of any custom design or programming service will result in a kill fee that is figured on the following standard parameters:

If the client cancels a contracted project more than one month prior to the start date, Brainfood, Inc. will be paid a kill fee of 20 percent of the estimated project total unless another figure is negotiated into the binding contract.
If the client cancels less than one month before the contracted project start date, Brainfood, Inc. will be paid a fee of 40 percent of the estimated project total another figure is negotiated into the binding contract.

If cancellation of any custom design or programming service occurs after the project begins it will result in a kill fee that is figured on the following standard parameters::

If the client cancels less than halfway through the set project timeline, the kill fee is 20 percent of the remaining project total unless another figure is negotiated into the binding contract.
After the halfway point, the kill fee is 40 percent of the remaining total unless another figure is negotiated into the binding contract.
Of course, these fees are in addition to full payment for all work you’ve performed through the cancellation date.

Additionally, when cancellation by the customer occurs for whatever reason

all materials delivered to the client to date (in connection with that specific project) must be returned

use of work done in connection with the project without Brainfood Inc.'s consent could result in additional fees or legal action

Brainfood, Inc. will keep all original artwork, digital files, disks or CDs prepared in connection with the project

Warranty Claims/Exchanges
New wireless devices carry a one-year manufacturer's warranty from date of purchase. Refurbished wireless devices carry a 90-day manufacturer's warranty from the date of purchase.

For warranty claims after the first 30 days from purchase, call 214-720-0700.

Any rebate associated with the equipment subsequently returned will be voided.

The following purchases are excluded and cannot be returned or exchanged under this policy.

Equipment purchased from authorized dealers or retailers
Equipment received through an insurance claim
Gift cards and ringtone cards

Shipping

Brainfood.com displays your shipping costs during the checkout process. The rates depend on the weight of your package and the level of service you choose.

Certain items may require additional time to ship. Check the product details to see if shipping may take longer.

Privacy Policy

Thank you for visiting our website! This website ("brainfood.com") is owned by Brainfood, Inc. ("Brainfood"). It is our policy to protect your personal information and to use it in accordance with this Privacy Policy. Please take a few moments to review our Privacy Policy.

Information Collection and Use
Brainfood asks you to provide certain personally identifiable information in order to use certain "Password Required" features and functions of the website. By providing such information, you consent to our collection and use of it, as described in this Privacy Policy.

The information you provide may include information provided during the registration process, including contact information, such as your name, address and email address, and financial information, such as a credit card number, if you order products or services through the website. This information will be used to process your order and if necessary, to contact you regarding the status of your order.

Information that you provide is the property of Brainfood, Inc. All of the information that you provide may be used by Brainfood to better serve you. Brainfood may also use this information to contact you about new services, products and other opportunities. Ways we use information include:

You can contact Brainfood directly with questions or comments regarding the services by using the brainfood.com contact inquiry form. This contact inquiry form asks you for certain identifying information so that Brainfood may respond to your inquiry.

Brainfood may use your contact information to get in touch with you regarding the status of your registration or any orders you may place. You may also be contacted by us regarding additional services and features or requesting your feedback about your experience with brainfood.com.

Brainfood.com may provide you with bulletin boards and chat rooms for your use. In the event you voluntarily disclose personally identifiable information using such services, that information, along with any content in your communication or post, can be collected, correlated and used by third parties. This may result in unsolicited messages from third parties. Such activities are beyond the control of Brainfood. Brainfood does not assume any duty to monitor or review the contents of any bulletin board or chat room.

Where technically feasible, the domain names of visitors to brainfood.com are automatically recognized by our server. Brainfood may use this information to track the number of visitors to the brainfood.com website and to see which pages and services on brainfood.com are visited most often.

Brainfood.com may from time-to-time present an optional on-line survey that generally asks for demographic information like your gender, age, etc. to help us get to know you and better understand your needs. This data is used to personalize your experience at brainfood.com by displaying content according to your preferences. We hope this will enhance your experience with the brainfood.com site.

Brainfood may provide links on brainfood.com to other sites of interest. Brainfood does not review or endorse the content of these sites or guarantee that they will abide by this Privacy Policy. Your use of such linked sites is subject to the terms and conditions and privacy policies of the providers of those sites. We encourage our users to be aware when they leave our website and to read the privacy statements of each website that collects identifying information.

Please note that your use of the brainfood.com website and services is subject to brainfood.com's Terms and Conditions.

Sharing Your Information
Brainfood does not sell, trade or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to enforce our site policies, or protect ours or others rights, property or safety.

Other Uses of Information
The only other instances in which Brainfood discloses your identifying information to third parties are:
when it is required by law; when it is necessary to distribute materials that you request; and when you expressly request that your information be disclosed.

Business Transfers
We may buy or sell companies or other business assets or be acquired by another company. In such transactions, customer information generally is one of the transferred business assets.

Use of Cookies
The use of cookies enables Brainfood to enhance your visits to the brainfood.com website. Cookies enable brainfood.com systems to recognize your browser and provide features that are tailored to your gardening needs. For example, cookies enable us to record the items in your shopping cart. Brainfood uses this information to monitor product sales which help us to plan future offerings.

Accessing and Updating Your Information
You can always choose not to provide information, to opt-out of receiving communications from us or to update your information at any time. brainfood.com gives users the following options:

Use the "Change Preferences" feature after entering your member name and password to receive access to your account page. At this location, you can subscribe or unsubscribe from our e-mail newsletters and you can update any information that you have provided to us.
Click on the "Unsubscribe" link included at the bottom of each of our e-mails and follow the instructions on the web page.
Send an e-mail to our friendly Customer Service representatives at info@brainfood.com.
Call our Customer Service representatives at (214) 720-0700.
Drop us a line. Send mail to the following postal address: Brainfood Inc., 4004 East Side Avenue, Dallas TX 75226-1205.

Security Measures
We work hard to protect the security of your information by using Secure Socket Layer (SSL) technology, the current standard for secure transactions over the Internet. There are some simple measures that you can take to promote protection of your information. First, to help protect the security of your account, do not share your password with others. Also, remember to "log-off" after using any of our on-line services when you have finished using the website. While Brainfood strives to protect your information by using SSL and through measures to protect our system, such security cannot be ensured. Consequently, Brainfood does not ensure or warrant the security of information you transmit, and you do so at your own risk.

Encryption

What is Encryption?

Encryption is a process by which we use software to scramble sensitive information while it is in transit to Brainfood.

Please take a moment to read about the steps that we have taken to help protect your information and make your online transmissions safer. We also invite you to review the steps you can take to help protect yourself further.

How Does Encryption Work?

Encryption is based on a key that has two different parts. The public part and the private part. The public part of the key is distributed to those you want to communicate with. The private part is for the recipient's use only.

When you send personal information to brainfood.com, you use Brainfood's public key to encrypt your personal information. That means, if at any point during the transmission your information is intercepted, it is scrambled and very difficult to decrypt. Once Brainfood receives your encrypted personal information, we use the private part of our key to decode it.

What Kind of Encryption Software Does Brainfood Use?

Brainfood currently uses the industry-standard SSL (Secure Sockets Layer) encryption. But we continue to keep up with the current technologies in order to provide the best security for our customers.

What Information Does Brainfood Encrypt?

Brainfood encrypts all personal information you give us when you place an order online. Remember, if you feel uncomfortable providing any of this information online, please feel free to call one of our representatives at 214-720-0700.

How Safe is Encryption Really?

Providing encrypted information online is as safe as doing it over the phone.

Privacy Policy Changes
Brainfood.com may update this Privacy Policy from time to time to better serve you. We encourage you to review this Privacy Policy periodically.

For Further Information
If you choose to visit brainfood.com, your visit and any dispute over privacy is subject to this Privacy Policy. If you have questions or comments concerning this Privacy Policy, you may contact us at:
Brainfood Inc.
4004 East Side Avenue
Dallas TX 75226-1205
Phone: (214} 720-0700
Fax: (214) 720-0703
E-mail: info@brainfood.com