SIMsmart prepaid ("SIMsmart") and you, as the person placing an order with SIMsmart ("Subscriber"), hereby agree to the following terms and conditions ("Terms and Conditions") with respect to the provision of telecommunications equipment, including, but not limited to, wireless devices, satellite phones, SIM cards, data cards, mobile routers and peripheral equipment (collectively, the " Equipment") and related services (the "Service"). These Terms and Conditions are accepted by Subscriber upon placement of an order for Equipment, whether via simsmartprepaid.com (the "Website") or otherwise and constitute a binding and enforceable legal agreement between the parties.
1.1 If Subscriber is an entity and not an individual, then the person accepting these Terms and Conditions represents and warrants that he/she has been properly authorized and empowered to do so on behalf of such entity.
1.2 Subscriber authorizes SIMsmart to verify Subscriber's creditworthiness with a credit reporting agency at any time.
1.3 Subscriber may be eligible for special rates or benefits through a business agreement with SIMsmart. If such business customer pays or is responsible for Subscriber's Usage Charges (as defined herein), Subscriber authorizes SIMsmart to disclose information regarding its account to such business or its agents.
2.1 SIMsmart shall deliver the Equipment at its own risk to Subscriber at the address designated by Subscriber.
2.2 SIMsmart shall use reasonable efforts to deliver the Equipment by the requested delivery time but it shall not incur any liability in the event of any delay. In the event the Equipment is delivered after the requested delivery date, Subscriber's only recourse is to not accept, and/or immediately return, the Equipment.
2.3 Subscriber shall accept the Equipment when delivered on or before the requested delivery time. If, for any reason, Subscriber fails or refuses to accept the Equipment when delivered on or before such date Subscriber shall be liable for the stated Delivery Charge (as defined herein) and any applicable cancellation charge.
2.4 Placement of Subscriber's order via the Website constitutes acceptance of these Terms and Conditions. If Subscriber's order is placed via telephone or any other method, acceptance and use of the Equipment constitutes Subscriber's acceptance of these Terms and Conditions.
2.5 Subscriber shall examine the Equipment upon receipt and immediately notify SIMsmart if the Equipment is not in good working order at the time of receipt or is not the Equipment ordered.
3.1 Any returns of equipment due to equipment faults, must be returned to SIMsmart in an 'unused' condition. Subscriber shall return the Equipment in its original packaging provided by SIMsmart to SIMsmart's and in accordance with shipping instructions provided by SIMsmart at time of the failure report to SIMsmart. Should Subscriber return the Equipment using means other than those specified herein or other written instructions provided by SIMsmart, the Subscriber will remain liable for any Charges and any damage to the Equipment while the Equipment is in transit. Equipment returned with any components or pieces missing will be deemed missing and Subscriber will be charged in an amount equal to the Equipment value in accordance with Section 7 below.
4.1 Subscriber will pay the charges for the Equipment reflected on the Website and as invoiced by SIMsmart.
4.2 Subscriber will pay the charges for all usage of the Equipment, including, but not limited to, charges for data, airtime and calls made and received on the Equipment after delivery and any other charges for Service ("Usage Charges").
4.3 SIMsmart reserves the right at all times to restrict the bandwith of any data connection in the event that in its sole opinion the usage is high. Furthermore SIMsmart may also disconnect a user either temporarily or permanently for excessive use. Examples of excessive usage may include prolonged video streaming, multiple users connecting to a wireless router and downloading large files over an extended period, and where SIMsmart has incurred additional charges or been subject to a warning about exceeding a fair usage policy from the network.
4.4 Subscriber will pay for each incoming, outgoing, completed, incomplete or attempted call in full minute increments, with partial minutes rounded to the next full minute, in accordance with standard cellular billing practices.
4.5 Subscriber must notify SIMsmart in writing of any disputes regarding Charges within 30 days of receipt of the invoice containing the disputed Charge or the right to dispute the Charge will be waived.
5. Form of Payment; Credit Card Charges and Authorization
5.1 Unless otherwise agreed, Subscriber shall submit information from a U.S. based credit card (the "Credit Card") when ordering the Equipment and Service. Debit cards are not acceptable. The Credit Card will be charged the amount invoiced by SIMsmart automatically upon generation of an invoice. Subscriber authorizes SIMsmart to charge the Credit Card for all charges incurred hereunder.
5.2 By providing SIMsmart with the Credit Card account for payment, Subscriber represents that he or she is authorized to make charges on such account.
5.3 Debit cards are not an acceptable form of payment. SIMsmart disclaims any and all liability for any damages incurred by Subscriber as a result of using a debit card, including, but not limited to, NSF charges.
6.1 The use of the Equipment and all Service may be terminated or deactivated without notice by SIMsmart upon any of the following events: (a) SIMsmart has any reason to believe the Equipment was obtained by any misrepresentation or fraudulent means; (b) SIMsmart has any reason to believe any meter on the Equipment has been tampered with; (c) SIMsmart has any reason to believe the Equipment is or may be used for any illegal or improper purpose, or in violation of applicable laws; (d) a breach of any of these Terms and Conditions including the payment terms; or (e) detection of unusually high usage, or possible theft or fraud. SIMsmart may also terminate these Terms and Conditions without any liability whatsoever in the event that Service is not available to SIMsmart or becomes unavailable for any reason. No remedy of SIMsmart shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
7.1 SIMsmart warrants that the Equipment will be in working order when it is delivered to Subscriber but is not liable for the performance of the Equipment or the operation of the network to which it is connected, it being acknowledged by Subscriber that Service may be temporarily interrupted (including dropped calls), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment failure.
7.2 EXCEPT AS PROVIDED IN SECTION 12.1, SIMSMART DISCLAIMS ALL WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE IN TRADE, NONINFRINGEMENT AND THAT THE EQUIPMENT AND SERVICE WILL BE ERROR FREE.
7.3 Subscriber shall be solely responsible for and shall indemnify and hold harmless SIMsmart against any and all claims, demands and liability, including reasonable attorneys' fees and expenses, arising as a result of Subscriber's lease, possession, use, or misuse of the Equipment or the Service provided hereunder.
7.4 SIMSMART WILL IN NO EVENT BE RESPONSIBLE, NOR SHALL SUBSCRIBER MAKE ANY CLAIM AGAINST SIMSMART, FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY, OR AT ALL, OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE), FAILURE OF SERVICE OR DEACTIVATION OF SERVICE PURSUANT TO THESE TERMS & CONDITIONS. IF APPLICABLE STATE LAW DOES NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, THE RELEVANT PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY.
8.1 These Terms and Conditions shall be deemed entered into in Dallas County, Texas and shall be governed by the laws of the State of Texas. In addition, these Terms and Conditions are subject to applicable foreign, federal and state laws and tariffs.
9.1 These Terms and Conditions can only be modified by a writing signed by an officer of SIMsmart. Specifically, they cannot be modified by any SIMsmart representative over the phone or by email.
9.2 The headings in these Terms and Conditions are for convenience of reference only and shall not affect the meaning or construction of the provisions contained herein.
9.3 No waiver by SIMsmart of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
9.4 Subscriber's rights and obligations under these Terms and Conditions cannot be assigned or transferred by Subscriber, nor can they be modified or waived except by written instrument signed by SIMsmart or its authorized agent. These Terms and Conditions constitute the entire agreement between SIMsmart and Subscriber; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Service, other than as set forth herein.
9.5 SIMsmart is not liable for any lack of privacy which may be experienced with regard to the Service. Subscriber authorizes SIMsmart's monitoring and recording of calls concerning Subscriber's usage and the Service and consents to SIMsmart's use of automatic dialing equipment to contact Subscriber. SIMsmart has the right to intercept and disclose transmissions in order to protect its rights or property and as requested by law enforcement authorities.
9.6 If the performance of any part of these Terms and Conditions by SIMsmart is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, terrorist attack, or any other causes beyond the control of SIMsmart, SIMsmart shall be excused from performance to the extent that it is prevented, hindered or delayed by such causes.
9.7 SIMsmart may assign all or part of its rights or duties under these Terms & Conditions without the notice to Subscriber, except to the extent required by law. Such an assignment releases SIMsmart from all liability. Subscriber may not assign these Terms and Conditions without SIMsmart's prior written consent. Subject to these restrictions, these Terms and Conditions will bind the heirs, successors, and assigns of the respective parties who will receive its benefits.
10.1 The Smart Cashback program is a promotion run by SIMsmart Prepaid, part of the Cellhire Group. SIMsmart Prepaid reserves the right to withdraw or make changes to this offer at any time. Any abuse or suspected abuse of this promotion will result in forfeit of Cashback earned.
10.2 Not all customers are eligible to take part in the Smart Cashback promotion and included participants remains at the sole discretion of SIMsmart Prepaid.
10.3 Cashback will be paid within 35 days of the users promotional code expiring. Users must provide PayPal account details as requested in the 'My Account Settings' section of the SIMsmart Prepaid top up/recharge site. PayPal details MUST be provided within the three month period of the promotional code's valid period or all Cashback will be forfeited. Cashback will be paid in USD (US$).
10.4 No alternative form of Cashback payment can be made by SIMsmart Prepaid, any requests for alternative forms of payment to PayPal will not be responded to.
10.5 This promotion is only available to customers in the US and Canada.