Terms & Condition
RebelFone ("RebelFone ") and you, as the person placing an order with
RebelFone ("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, SIM cards, data cards,
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 RebelFone .com (the "Website")
or otherwise and constitute a binding and enforceable legal agreement between the
parties.
1. Authorization
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 RebelFone to verify Subscriber's creditworthiness
with a credit reporting agency at any time.
2. Delivery
2.1 RebelFone shall deliver the Equipment at its own risk to Subscriber
at the address designated by Subscriber.
2.2 RebelFone 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 Charge 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 RebelFone if the Equipment is not in good working order at the time of receipt
or is not the Equipment ordered.
3. Rates & Payments
3.1 All charges will be in accordance with RebelFone 's current
rate schedule for the selected Service Plan at the time of use. RebelFone reserves
the right to modify and/or add rates and charges from time to time, including loyalty
rewards, without prior notice to the Customer.
3.2 RebelFone attempts to be as accurate as possible on our website
and in printed materials. Still, despite our efforts, it is possible due to computer
or other error or causes that a product or service offered on the site may be mispriced
or contains an inaccuracy in its description. In the event RebelFone determines
that a product or service is mispriced or contains an inaccurate description, RebelFone
reserves the right to take any action it deems reasonable and necessary, in its
sole discretion, to rectify the error, including without limitation canceling your
order.
3.3 Subscriber authorizes RebelFone to take a credit card Authorization
of $50 per SIM card. This authorization is different from a deposit because the
funds are not actually taken from the account, your bank will place a hold of funds
against your credit card's available account balance.
3.4 All applicable taxes shall be added to the usage and purchase
price, unless the Customer provides an executed resale exemption certificate to
establish exempt status as a reseller of Services which meets and satisfies the
requirements of the levying tax authority in question.
3.5 All invoices are due upon receipt. All credit card payments
will be processed as soon as the Invoice is sent to the subscriber through an email.
RebelFone reserves the right to collect an interim payment for unbilled usage.
RebelFone will charge an 8% fee of the total outstanding balance
If for any reason credit or bank card cannot be charged within
10 days of receipt of the bill.
3.6 RebelFone reserves the right to suspend or terminate your service
for non-payment of your invoice, including unbilled usage. If we suspend your account,
all outstanding amounts must be paid in full prior to reconnection.
3.7 RebelFone reserves the right to apply any deposits or credit
card payments against accounts in arrears.
3.8 The Customer shall inform RebelFone of any disputes or disagreements
with invoiced charges within 30 days of the date of invoice. Thereafter, the Customer
shall be deemed to have waived its right to dispute charges.
3.9 If the Customer has furnished a credit card number for the
payment of charges under this Agreement, then the Customer represents that he or
she is an authorized signer on the account of such credit card. All charges related
to this agreement shall be charged to the furnished credit card upon invoice generation.
A copy of the invoice outlining all charges shall be mailed to the Customer. In
addition, the Customer agrees to assume personal responsibility for all payments
due in consideration of this Agreement.
3.10 Any taxes and duties when sending merchandise to other Countries
(if any), will be paid by the subscriber at the invoice value.
3.11 Should customers have concerns about their service performance,
the customer must formally contact RebelFone ’s Support team regarding the
issue during their travels. In situations where the service is deemed not to have
worked during travels, RebelFone will be unable to provide compensation, or reevaluate
charges if no record of these troubles was made through RebelFone Customer Service
or Technical Support departments or if RebelFone was not given the opportunity to
troubleshoot and resolve issues during the service period.
3.12 While in USA you can call your
international phone number and hear the phone ring, but if you
pick up or try to set up voice mail, be advised that it will
cost over $2 for each minute. Call charges on the website are
applicable only in the Country/City you have bought the card
for. International roaming charges will be applicable if you
take the SIM card outside the specified Country/City which can
be as high as over $3/minute.
3.13 Calls to Toll Free Numbers/Directory Enquires/and other value added services to the country of travel are chargeable at a premium rate, please check with your account representative for more information.
3.13 The prices are valid till time of your return. The prices might vary then after.
3.14 The Customer will be liable for a late return fee of onetime $20 charge for cellphone and $ 2 per day per item, for the late returned items, post the 7 days grace period excluding the return date, until the date the items are received in our inventory.
4. Collection Cost
4.1 You agree to pay attorney fees, collection fees, court costs, and any other
expenses incurred in collection of any charges under this agreement, in retaking
the rented item(s) or otherwise in enforcing the terms of this contract.
5. Loss/Theft/ Fraud
5.1 The Customer must notify RebelFone immediately regarding lost
or stolen SIM cards if the Customer suspects or should reasonably suspect that the
SIM Card is being used in an unlawful or fraudulent manner.
5.2 The Customer is responsible for all charges
on the phone until the service is suspended.
5.3 RebelFone requires evidence of alleged loss or theft in the
form of a police report. Upon said notification, or if RebelFone suspects any wrongdoing,
RebelFone will terminate or suspend the Services. The Customer agrees to provide
reasonable co-operation in any investigation of unlawful use of Services or Equipment.
5.4 Subscriber agrees that he/she will incur
the following charges :
*Lost, Stolen & Accidental Damage Insurance -
|
|
With Insurance
|
Without Insurance
|
|
Lost / Stolen Equipment
|
US$
|
US$
|
|
Rental Phone
|
$30.00
|
$50.00
|
|
Sim Card
|
$10.00
|
$35.00
|
|
Battery
|
$20.00
|
$30.00
|
|
Black Case
|
$20.00
|
$30.00
|
|
Charger
|
$20.00
|
$30.00
|
|
Travel adaptor Kit
|
$15.00
|
$30.00
|
|
Travel Adaptor Single
|
$3.00
|
$6.00
|
6. Repairs
6.1 If the Equipment is not in working order when received by Subscriber
or subsequently malfunctions, Subscriber shall notify RebelFone immediately. Subscriber
is responsible for and will be invoiced for all Charges incurred through the date
Subscriber notifies RebelFone that the Equipment is not working.
6.2 So long as Subscriber is in compliance with these Terms and
Conditions, RebelFone will repair or replace the Equipment as soon as possible after
it has been notified of the problem by Subscriber and RebelFone will provide Subscriber
with the same or similar equipment (which shall constitute Equipment for purposes
of these Terms and Conditions) as soon as possible.
6.3 If RebelFone finds that Equipment reported as faulty is in
working order or is faulty as a result of violation of these Terms and Conditions,
then Subscriber will pay the cost of collection and delivery of the replacement
Equipment, in addition to any other Charges due hereunder.
7. Cancellation/ Refund
7.1 Customers may cancel their order within 5 days of placing the order and provided the order has not been shipped.
7.2 In case the order has been shipped, the shipping charges would not be refunded. Additionally, in case of cancellations of equipment / hardware orders, a re-stocking fees of $ 15 would be charged.
8. Support
8.1 RebelFone will only provide technical support for our own products
and services. RebelFone will not provide technical support for 3rd party products
or services that work in conjunction with our products and services.
9. Termination
9.1 The use of the Equipment and all Service may be terminated
or deactivated without notice by RebelFone upon any of the following events: (a)
RebelFone has any reason to believe the Equipment was obtained by any misrepresentation
or fraudulent means; (b) RebelFone has any reason to believe any meter on the Equipment
has been tampered with; (c) RebelFone 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.
9.2 RebelFone may also terminate these Terms and Conditions without
any liability whatsoever in the event that Service is not available to RebelFone
or becomes unavailable for any reason
10. Applicable Law
10.1 These Terms and Conditions shall be deemed entered into in
and shall be governed by the laws of the State of Connecticut, USA. In addition,
these Terms and Conditions are subject to applicable foreign, federal and state
laws and tariffs.
11. General
11.1 These Terms and Conditions can only be modified by a writing
signed by an officer of RebelFone . Specifically, they cannot be modified by any
RebelFone representative over the phone or by email.
11.2 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.
11.3 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 RebelFone or its authorized agent.
These Terms and Conditions constitute the entire agreement between RebelFone 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.
11.4 If the performance of any part of these Terms and Conditions
by RebelFone 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 RebelFone
, RebelFone shall be excused from performance to the extent that it is prevented,
hindered or delayed by such causes.
11.5 This paper represents our entire contract, and there are no
collateral, oral, or other agreements outstanding. None of RebelFone rights may
be changed and no extension of the term of this contract may be made except in writing
signed by RebelFone and made a part of this contract.
11.6 For any sale outside of USA and Canada there will be a deposit
of $200 which will be refunded or adjusted against the Invoices.
11.7 The incoming caller number will be passed on to the customer subject to availability from the caller’s service provider.
11.8 GPRS is pre activated on RebelFone SIM cards and charges are as applied by the network
11.9 Plans are not valid for use, while on a cruise. Calls made on cruise/satellite/remote Island will cost extra.
11.10 Pulse rate is per minute.