Terms and
Conditions for Rental or Purchase of Cellular Phones, SIM Cards and Telephone
Lines
|
Whereas Global Cellular Corporation
(hereinafter: Global) is a company offering the sale and/or rental of
cellular telephones, SIM cards and telephone lines; And whereas the customer is interested in
purchasing or renting from Global cellular equipment as set out in the Order
form as completed on Global’s website (hereinafter: the Order), and
the corresponding rights to use a cellular telephone line or lines where
applicable; Whereas it has been declared,
stipulated and agreed as follows: 1. General: The preamble and appendices
of this agreement (including the Order) constitute an integral part hereof. 2. The Transaction: The customer hereby
rents or purchases from Global equipment as set out in the cellular rental or
purchase plan as presented on Global’s website (hereinafter: the Plan)
and cellular telephone services as applicable in accordance with the Plan. 3. The Period of the Rental: The rental
shall begin on the start date as specified in the Order, and shall end when
the equipment is returned in its entirety and in working order on the date of
the end of the rental to Global as stated in the Order (hereinafter: the
End Date) . Global shall be entitled to ship equipment within a
reasonable time prior to the start date and shall not be responsible for
shipping delays beyond its control. In the event that the
customer wishes to extend the period of the rental by a further period, he
shall be obliged to inform Global’s customer service department at the number
below, stating the length of the additional period requested by him. Global
shall then send to the customer written authorization of the extension,
acceptance of which by the customer shall be construed as written notice. The
extension of the rental period is subject to the express approval of Global
which is in no circumstances obliged to give its approval. The customer
may return the equipment prior to the End Date. The customer shall not pay
rental fees once the equipment has been returned to Global, however insurance
fees shall be payable on the equipment until the End Date.
If the
customer returns the equipment within five (5) days of the End Date, in its
entirety and in proper condition, and the equipment has not been used during
such late days, no additional fees will be payable. However, if the customer
returns the equipment six (6) days or more after the End Date, or if the
unreturned equipment had been used within five (5) days of the End Date, Global
shall charge the customer a payment of liquidated damages in the amount of up
to $5 for each day, at Global’s discretion, of delay until the actual return
of the equipment. The customer will be charged, in addition to any rental
fees or liquidated damages, the applicable minimum airtime for the period up
to return of the equipment. In addition, insurance fees shall be payable
until the phone is returned to Global. In order to remove all doubt, nothing
stated in this clause shall affect the rights and/or remedies available to Global
under any law for a delay in returning the equipment as stated above. 4. The Rental Fee: The customer shall
pay Global a rental fee as stated in the Order. In the event that the
customer terminates the period of the rental before the date set out in the
Order, the customer shall continue to pay insurance fees until the end of the
rental period stated in the Order, however phone rental fees shall not be
payable after the phone has been returned to Global. 5. Additional charges: The customer
undertakes to pay Global, with regard to use of the telephone(s), all the
charges set out in the Order form completed by the customer, including, but
not limited to Global’s delivery fees as set out at: [insert website
address], charges for the use of air time payable to other operators
connected with the use of the services, including for international calls,
and charges for network services provided by Global to the customer. The basic price of air time,
the prices of calls, the subscriber’s fee
and network services for which the customer shall be charged shall be in
accordance with Global’s rates and the rates of other telecommunications
services including licensees and operators, all as updated from time to time.
These rates can be found at: [insert website address for rate calculator]. In order to maintain the active status of any
purchased Sim card, the customer must add minutes to the card at least once
every twelve (12) months. 6. Warranty and Insurance Fee: In the event that
the customer purchased warranty and insurance services as set out in the
Order, the customer undertakes to pay to Global the insurance and warranty
fee set out in the Order, for warranty and insurance services as set out
below. If Global updates the prices for these services, the updated prices,
as found at [insert website address] shall apply to the customer. Insurance
fees are payable by the customer until the later of the end date or the
return date. 7. Warranty and Insurance Services: For
equipment purchases, warranties shall be in accordance with the terms and
conditions of the manufacturer and/or the distributor, as applicable. Global
shall bear no responsibility for purchased merchandise. a. Loss or Theft of Equipment: The customer must immediately report any
case of loss and/or theft of equipment to Global at the following two
numbers: 1) 516-569-8323 2)
+972-52-4575920 OR +972-8-918-1106. If
the telephone was covered by Global’s insurance policy, the customer shall
pay a deductible of $100. If the telephone was not covered by Global’s
insurance policy, the customer shall pay the full replacement fee of $250 per
telephone. After informing Global of the loss or theft and paying the
appropriate fee, the customer may contact Global’s customer service department
at: info@gcellular.com
for a replacement phone.
Any calls made from the telephone prior to the notification to Global
will be charged to the customer. b. Damage to Equipment/Other: In
the event of any additional damage or other claim covered by Global’s
insurance during the course of the rental, the customer shall pay a
deductible at the rate that shall be determined by Global and which can be
found at [insert website address]. In the event of unanticipated damage
caused to the telephone(s) and/or to other accessories, the customer shall return
the phone to Global for repair. In the event that it is not possible to
repair it, the customer shall receive a replacement telephone or telephones
and/or accessories (as applicable) for the remainder of the period of the
rental under the terms of the aforesaid service. If the telephone was not
insured, the customer shall pay the full $250 replacement fee. Upon
loss or theft of, or damage to, a Sim card, the customer shall pay a replacement
fee of $50., Global shall not be liable for any misuse
of telephones or Sim cards, or for any damage resulting from negligence of
the customer or any user of the telephones or Sim cards, and in the case of
any damages resulting from such misuse, the customer will be charged the full
replacement value of the telephone or Sim card. 8. Means and Dates of Payment: Upon acceptance
of this agreement, the customer shall confirm a standing order for charging a
credit card (hereinafter: charge instructions), for the purpose of
making all the debits relating to the use of the telephone(s) and the rest of
the equipment that he rented under this agreement, including the payments
mentioned in clauses 4 and 5 above, and payments for paying any debt and/or
expense relating to and/or arising from the use and/or return of the
telephone which is the subject of this agreement. Global shall be entitled to
collect all the said charges once a month on a date that shall be determined
at its sole discretion, by using the aforesaid charging instruction, and the
customer hereby gives his consent to making these charges in this way.
Global’s authority to charge the credit card shall not prejudice Global’s
right to demand payment from the customer in addition to charging the credit
card at Global’s absolute discretion. 9. Deposit: The customer undertakes to
deposit at the time of signing this agreement, as a condition for renting the
telephone, the sum of US$100 which shall be paid by means of the
aforementioned credit card. The amount of the deposit shall serve as
surety for the rent, cost of the equipment (in the event that the customer
does not return it to Global as set out in this agreement), and all the
payments and obligations due to Global from the customer under this
agreement. Global shall be entitled, at its sole discretion and without prior
notice to the customer, to present the amount of the deposit for payment, in
any case where the customer does not comply with his undertakings under this
agreement. In such a case, Global shall be entitled to demand, at its sole
discretion, that the customer produce another deposit and/or guarantee in
place of the aforesaid deposit, as surety for his undertakings under this
agreement, and the customer undertakes to do so immediately at the request of
Global. Global also has the right to demand,
from time to time, that the customer increase the sureties which he gave, in
accordance with the sums that may be determined by Global. 10. Use of the Telephone(s): The customer
undertakes to make lawful and reasonable use of the telephones, Sim cards and
phone lines during the whole of the period they are in his possession, in
accordance with what is stated in this agreement and what is stated in
manufacturer’s instructions for use. 11. Waiver of Privacy Protection: The
customer hereby waives the protection of privacy and confidentiality, and
confirms and agrees that Global may give his details (including, but not
limited to, name, address and telephone number), as well as information
relating to use of the customer’s equipment, to third-party
telecommunications providers, law enforcement authorities or courts of law immediately
and that, in addition, the rental agreement between him and Global may be
sent to such third-party telecommunications providers, law enforcement
authorities or courts of law. Global shall bear no liability for the use of
customers’ information by the recipients thereof under this agreement. 12. Liability of Global: The customer
confirms that Global, its employees and anyone acting on its behalf, shall
not be liable for any damage, including special, consequential or indirect
damage under this agreement or under any law (hereinafter together: damage)
but only for direct damage caused as a result of restricting, suspending,
disconnecting or terminating the telephone service in breach of this
agreement. In any case, Global shall not
have any liability in excess of the replacement fee that the customer pays
Global for the telephone and the Sim card. The customer hereby confirms that Global
shall not be liable in any way whatsoever for any damage or expense, direct
or indirect, caused to the customer, his person and/or others because of
and/or as a result of use of the telephone machine and/or its accessories. 13. Restriction or Termination of Services:
The customer declares that he knows that third-party telecommunications
providers may at any time and at their sole discretion restrict and/or
terminate absolutely, temporarily or permanently, the use of their cellular
networks by persons renting from Global, as a result of capacity limitations
of the mobile radio-telephone network, conditions affecting mobile
radio-telephone broadcasts, security and/or political limitations imposed on
the mobile radio-telephone network, and similar circumstances that shall
justify termination of the mobile radio-telephone services, and the customer
shall have no contention and/or demand and/or claim against Global because of
this. 14. Quality of Use: The customer declares
that the service given by Global depends upon the quality and availability of
the services of third-party telecommunications providers in many countries. [add
details: tunnels, lapses in coverage, cutoffs in service etc. lack of signal]It
is clarified that in all matters connected with providing a service to the
machine, Global is not liable in any way for the quality and availability of
the network of the local operator. The customer shall be estopped from
raising any claim whatsoever with regard to the aforesaid against Global. 15. Right of Use: The service provided is
for the use of the user only and it cannot be transferred for consideration
and/or for no consideration to any third party. Without prejudice to the
aforesaid, the customer shall be liable for any debts and expenses relating
to the customer’s telephone number, whether made by the user or authorised by
him or not, until return of the telephone to Global or such time as the
telephone is reported stolen, in accordance with clause 7 above. 16. Accounts: The records and accounts of Global and/or the records
and accounts of third-party telecommunications providers relating to the
telephone and the services that are the subject of this contract shall
constitute absolute proof of the accuracy of their contents and shall bind
the customer. 17. Return of Equipment: The customer
shall be liable to return the machine immediately at the End Date and/or upon
rescission of the agreement, whether this is at the End Date or before this,
if the agreement is rescinded by Global. Upon its return, Global shall check
the proper functioning of the machine. Global may deduct from the sureties
given to it such amounts as it sees fit at its discretion and which reflect in
its opinion the reduction in value of the telephone machine that was not
returned in proper condition or intact or on time. The customer shall have no
claims against Global with regard to these deductions from his sureties. 18. Assignment of Right: Global shall be
entitled to assign to another its rights to collect money from the customer
under this agreement. The customer shall not be entitled to assign his rights
under this agreement. The Order form together with the
provisions and terms of the agreement reflect the whole agreement between the
parties, and no change or addition has, or shall have, any validity unless
they are written and signed by the two parties. 19. Jurisdiction: All the disagreements
that arise between the parties shall be decided by the competent courts in 20. The Addresses of the Parties and Notices:
The addresses of the parties for the purpose of sending notices in accordance
with this agreement are as set out in the Order form. Any written notice sent
by one party to the other shall be deemed to have been received by the other
party three working days after it was sent. |