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Terms & Conditions of Sale and Use

 

I. Your Acceptance of Terms and Conditions. (Last updated February 23, 2014)

We reserve the right to revise these Terms and Conditions of Sale and Use at any time. When we revise these Terms and Conditions of Sale and Use, we also will revise the "Updated" date at the top of these Terms and Conditions of Sale and Use. You are responsible for regularly reviewing the current Terms and Conditions of Sale and Use. If you do not agree to be bound by these Terms and Conditions of Sale and Use, you are not authorized to use SimCardGlobal.com website or purchase or use any of SimCardGlobal.com telephony, software and hardware products, some of which will be provided via the website. The most current version of the Terms and Conditions of Sale and Use can be reviewed by clicking on the "Terms & Conditions" hypertext link located at the bottom of our home Web page (this Web page and all other website pages are hereinafter collectively referred to as the website”) Your continued use of the website and/or our Products after our posting of any revised Terms and Conditions of Sale and Use constitutes your agreement to any such revised Terms and Conditions of Sale and Use. If any such revised Terms and Conditions of Sale and Use are unacceptable to you, please do not use the website or Products. Usage of services signifies acceptance of SimCardGlobal.com Terms and Conditions of Sale and Use.

II. Description of Our Products

We provide you with SIM card (s) (hereinafter the “Card”). If an agent of SimCardGlobal.com exists in the jurisdiction of Enrollment of a Customer, then the relationship between the Customer and SimCardGlobal.com will be deemed to be the property of such agent, who will be determined from time to time, without notice to the Customer. The Products will at all times be operated by SimCardGlobal.com and payment for the use of the Products by the Customer will be due to SimCardGlobal.com as applicable. We are providing the Products to you on an “as-is” and “as-available” basis. Use of the Products is at your sole risk and responsibility. Information contained in any Card furnished to the Customer is the property of SimCardGlobal.com. The Customer agrees not to interfere with the information contained in the Card.

III. Permitted Access

Subject to these Terms and Conditions of Sale and Use, you are authorized to access and use the products at our sole discretion and only after you have either completed the Enrollment process or purchased the Products, as the case maybe. We have the right to suspend or terminate your use of the SimCardGlobal.com website or the Products at any time and for any reason whatsoever or for no reason, entirely at our sole discretion, with or without notice to you. You represent that the information you have provided (or may hereafter provide) to us through the enrollment process or otherwise (the “enrollment Information”) is accurate and that you are the individual identified in such information. In the event any enrollment Information changes after you supply it to us, you agree to promptly update your enrollment Information through the website.

IV. User ID and Password Security

During the Enrollment process and from time to time thereafter, you will designate one or more telephone numbers as “Origination Numbers,” which will constitute telephone numbers from which you may initiate use of the Products. After completing the enrollment process, you will be issued a user id and a password. You agree (a) to maintain the confidentiality of your userid and password and (b) that you are fully responsible for any, and all, activities that occur under your user id. You agree to notify us immediately of either any unauthorized use of your account or any other breach of security. You agree that we will not be liable for any loss that you may incur as a result of someone else using your user id, password or Origination Number(s), either with, or without, your knowledge. Without limiting the generality of the foregoing, you are solely responsible for all Products requested using your user id, password and origination number(s), whether or not you have authorized the person using the Products (including any family member of yours who is a minor) to use your user id, password and origination number(s). You agree not to use anyone else’s account at any time.

V. Use

You agree neither to access, nor use, the website in any manner that is prohibited by these Terms and Conditions of Sale and Use or is otherwise unlawful. Without limiting the generality of the foregoing, you agree that you will access and use the website solely by manual request and not programmatically by automated means, and that you will not, directly or indirectly, (a) modify, copy, distribute (including via electronic mail), transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, resell or exploit for any commercial purposes any portion of the website or the products unless expressly authorized by these Terms and Conditions of Sale and Use or by SimCardGlobal.com in writing, (b) access or use the website through, or in connection with, any software product other than the customary web browsers such as Microsoft Internet Explorer, Firefox and Netscape), (c) use any software tools, procedures or instructions (other than customary Web browsers), automatic devices or automated processes, or manual process to monitor or access data or content provided through the SimCardGlobal.com Website, (d) otherwise “meta-search” the website, or send, or cause to be sent, any automated queries of any sort to the website, (e) use any device, hardware or software to bypass any security system on the SimCardGlobal.com website, (f) disrupt or attempt to disrupt the proper or usual working of the SimCardGlobal.com website, (g) use The website in any manner that could damage, disable, overburden, or impair the website (or the network(s) connected to the website) or interfere with any other party’s use and enjoyment of the website, (h) take any action that may cause, or that actually causes, an unreasonable or disproportionately large load on the SimCardGlobal.com computer servers, (i) distribute any software or instructions that could be used to breach any of the terms and conditions set forth herein, (j) attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the website or otherwise operated by SimCardGlobal.com through hacking, password mining or any other means, and/or (k) alter or remove any trademark, copyright and/or any other notice contained in any information obtained from the website. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the SimCardGlobal.com Websites.

VI. Changes to the Website or Products

We may establish general policies concerning use of the Products, including, but not limited to, the maximum number of days that directories, speed dial lists, bill codes and other personalized settings will be retained by the Products, or the maximum disk space that will be allotted on our server on your behalf. We may change these general policies at any time at our sole discretion, with or without notice to you. We reserve the right at any time, from time to time and at our sole discretion, with or without notice to you: (i) to modify, suspend or discontinue, temporarily or permanently, the website or the relevant Products (or any part thereof); (ii) to delete (whether or not intentionally) any data or other personalized settings maintained by the relevant products for you; or (iii) to terminate any customer account that is inactive. We shall not be liable to you or any other party for taking any of such actions.

VII. Rates & Payments

All charges will be in accordance with SimCardGlobal.com's current rate schedule for the selected Service Plan at the time of use. SimCardGlobal.com reserves the right to modify and/or add rates and charges from time to time without prior notice to the Customer. SimCardGlobal.com 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 SimCardGlobal.com determines that a product or service is mispriced or contains an inaccurate description, SimCardGlobal.com 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. All applicable taxes shall be added to the usage and purchase price. The Customer shall inform SimCardGlobal.com of any disputes or disagreements with account statement charges within 30 days of the date of account statement. Thereafter, the Customer shall be deemed to have waived its right to dispute charges. 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. The Customer acknowledges and accepts any debits against the furnished credit card for any automatic reload of airtime credit. The Customer agrees to assume personal responsibility for all payments due in consideration of this Agreement. Should customers have concerns about their service performance, the customer must formally contact SimCardGlobal.com Technical Support or Customer Service regarding the issue during their travels. In situations where the service is deemed not to have worked during travels, SimCardGlobal.com will be unable to provide compensation, or reevaluate charges if no record of these troubles was made through SimCardGlobal.com Customer Service or Technical Support departments or if SimCardGlobal.com was not given the opportunity to troubleshoot and resolve issues during the service period

Any change of your method of payment will only be made with the prior approval of SimCardGlobal.com. Approval can be made by verified access to Web-systems or e-mail transmission. You waive all rights to challenge invoices, correctly raised by SimCardGlobal.com in accordance with these Terms and Conditions of Sale and Use and the information provided by you in establishing the account, with third parties, unless you have first contacted customer services, within the defined notice period of either 14 days in the case of credit card settlement, or 28 days in all other cases, about the specific enquiry or disputed invoice. Where a challenge has not been made by you in the period defined in these Terms and Conditions of Sale and Use, you will be deemed to have automatically waived all your rights to either challenge, or appeal, the relevant invoice, unless agreed by The Company in writing by delivery as defined in these Terms and Conditions of Sale and Use. If you do not agree to be bound by these Terms and Conditions of Sale and Use, you are not authorized to use the SimCardGlobal.com websites or purchase or use any of SimCardGlobal.com telephony, software and hardware products. Where payment remains outstanding after the allowed period of time as defined in these Terms and Conditions of Sale and Use, SimCardGlobal.com reserves the rights to suspend or cancel your account indefinitely in accordance with these Terms and Conditions of Sale and Use and to take whatsoever steps are determined appropriate by SimCardGlobal.com from time to time for the collection of all outstanding monies, if any, due to SimCardGlobal.com from you.
 
SimCardGlobal.com is a pre-paid service. SimcardGlobal.com will not reimburse any portion of your pre-paid airtime credit not used, under any circumstances.

VIII. SERVICE RULES

Service may not be used for any unlawful, fraudulent or abusive purpose and must be used as required by all applicable laws.

IX. Other Hyper-linked Websites

The SimCardGlobal.com websites may contain hyperlinks to other websites and Internet resources operated by parties other than SimCardGlobal.com (“Linked websites”). SimCardGlobal.com has no control over any such linked websites. Such hyperlinks are provided for your reference only. SimCardGlobal.com inclusion of such hyperlinks to linked websites does not imply any endorsement of the material on such linked websites or any association with their operators. Accordingly, you acknowledge and agree that SimCardGlobal.com is not responsible for the availability of linked websites and that it neither endorses and nor that it is responsible or liable for any content, advertising, products, privacy policies, or other materials on or available from such linked websites. You further acknowledge and agree that SimCardGlobal.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked website. You are also deemed to be responsible for viewing and abiding by the privacy statements and terms of use posted at the linked websites of such other operators. You agree not to link to the website, or to cause any website that you operate or otherwise control, to link to SimCardGlobal.com Websites, in each instance without first obtaining the express written permission from SimCardGlobal.com to do so. You agree that if you do receive such permission, that you will link only in accordance with the terms and conditions of such permission and that SimCardGlobal.com may revoke such permission at any time and for any reason and that after such revocation, you will not thereafter link to SimCardGlobal.com websites, or cause any web website that you operate or otherwise control, to link to the Website.

X. Termination and/or Expiration

You agree that SimCardGlobal.com, at its sole discretion, may terminate your user id and password or use of the products (or any part thereof), and remove and discard any of your personalized information within the products, for any reason whatsoever or for no reason, including, without limitation, for lack of use, or if it believes that you have violated, or acted inconsistently with, the letter or spirit of these Terms and Conditions of Sale and Use. SimCardGlobal.com may also, at its sole discretion, at any time discontinue providing the products, or any part thereof, with or without notice and for any reason whatsoever. You agree that any termination of your access to the products under any provision of these Terms and Conditions of Sale and Use may be effected without prior notice, and that you also acknowledge and agree that SimCardGlobal.com may immediately either deactivate, or delete, your account and all related enrollment Information and files in your SimCardGlobal.com account and/or bar any further access to such files or the relevant products. Further, you agree that SimCardGlobal.com shall not be liable either to you, or any third-party, as a result of our termination of your access to the products. Upon termination of the relevant products, all rights granted to you hereunder shall terminate. You must pay all charges up to and including the date of such termination. Conversely, you may terminate the relevant Products by giving at least 30 days’ written notice. In such event, you must pay all charges up to and including the date of such termination. If you have paid for the products using a pre-paid method, SimCardGlobal.com will use any pre-payment to offset against the final amount owed by you for the relevant products. Where a final amount is owed by SimCardGlobal.com to you, SimCardGlobal.com will endeavor to make payment to you within 30 days after the date of such termination of the relevant products.
 
Notwithstanding any other clauses of this Agreement, your SIM card is effective for 12 months since the first time it had been located or used on any network around the world, or, if the SIM card had not been located or used on any network six months after you purchased it, it is effective for 12 months since you purchased it. To keep your SIM card and the airtime credit in your account alive, you must renew your service before the expiration date. We will attempt to contact you twice, by E-mail to your E-mail address on file, during the last 30 days prior to your SIM card expiration. If you are not a registered customer, or do not have valid E-mail on file, we will not be able to contact you, and your SIM card will expire without prior notification. If you will not renew your service, your SIM card will expire, as well as any airtime credit remained on your account. Expired SIM cards can be renewed after they had been expired, up to a year after expiration, but the renewal term will start from the original expiration date. Any airtime credit you had on your account before expiration is lost and cannot be restored. Currently, renewal for additional 12 months is $21, renewal for additional 24 months is $38 and renewal for additional 36 months is $50.
 
Pre-paid airtime credit on your account cannot be used to pay renewal services under any circumstances. You must pay the renewal fee to keep your SIM card active, regardless of the airtime credit balance on your account.

XI. Access Dependent on Third Parties

Your ability to access the SimCardGlobal.com website or use the products may depend on the timely and proper operation of the relevant products that third parties provide, such as Internet access, email products, SMS messaging or telephony channels. You acknowledge that SimCardGlobal.com has no control over such third parties and is not responsible for any damage or loss caused by an inability to access or use the website or the products, or an error in accessing or using the website or the relevant products, caused by such third party products.

XII. Intellectual Property Rights

All contents of SimCardGlobal.com websites are: Copyright © 2009. All rights reserved. Elements of SimCardGlobal.com websites are protected by trademark, copyright, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from SimCardGlobal.com websites may be copied or retransmitted, unless expressly permitted by SimCardGlobal.com. Names of the SimCardGlobal.com products referenced in the website may be trademarks or registered trademarks of SimCardGlobal.com in the United States of America, Australia and/or in other countries. Other product and names mentioned in SimCardGlobal.com websites may be the trademarks of their respective owners.

XIII. Disclaimer of Warranties

Use of SimCardGlobal.com Websites and the products are at your sole risk. The Website and the products are provided by SimCardGlobal.com “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, either in fact or by operation of law, statutory or otherwise, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Further, we hereby expressly disclaim any, and all, warranties of title and/or non-infringement with respect to the SimCardGlobal.com website and the products. We make no warranty that the website or the products will meet your requirements, or that the website or the products will be uninterrupted, timely, secure, virus-free or error-free. Nor do we make any warranty as to the results that may be obtained from the use of SimCardGlobal.com website or the products. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the website or the products. No advice or information, whether oral or written, obtained by you from SimCardGlobal.com or through the products shall create any warranty not expressly stated in these Terms and Conditions of Sale and Use.

XIV. Limitation of Liability; Sole Remedy

In no event will SimCardGlobal.com, its affiliate, or strategic partners and/or their respective owners, officers, employees be liable to you for (a) any damages of any nature whatsoever resulting from, or related to, the loss, delay or inability to use The SimCardGlobal.com website or the products, or the loss of any data stored at the SimCardGlobal.com website, any loss of opportunity or earnings, personal injury, death or any other loss whatsoever resulting from the Customer's use of Services, including, but not limited to, use of 911 or similar emergency numbers in other countries and/or (b) any indirect, consequential, special, incidental or punitive damages whatsoever including, without limitation, damages for loss of profits arising out of or in any way connected with these Terms and Conditions of Sale and Use, the use or performance of the website or the products, in each of (a) and (b) above, whether based in contract, tort, negligence, strict liability or otherwise and even if SimCardGlobal.com and the other parties have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of SimCardGlobal.com website or the products, or with any of these Terms and Conditions of Sale and Use, your sole, and exclusive, remedy is to discontinue using the website and the products. The provisions of this Section XIV and the Section XIII above represent a reasonable allocation of the risks under these Terms and Conditions of Sale and Use. Our willingness to allow you both to access and to use the SimCardGlobal.com website and the products reflects this allocation of risk and the limitations of liability specified herein. This limitation applies to acts or omissions of SimCardGlobal.com, its Suppliers, Agents, Employees and all persons for whom it may be responsible. SimCardGlobal.com does not guarantee the provision, quality and consistency of the Services as provided by our Carriers and is furthermore not responsible for any interruptions, delays, inconsistencies or failures of the network or security breaches regardless of the source of any such problem including, but notwithstanding, SimCardGlobal.com's own fault or negligence.

XV. Indemnity

You shall indemnify and hold harmless SimCardGlobal.com and each other party from and against any and all claims, demands, actions, suits, liabilities, damages, settlements, losses, costs and expenses, including, but not limited to, legal fees and expenses and other costs of litigation, incurred by or asserted against any of SimCardGlobal.com parties arising out of or in any way relating to (i) your breach of any provision of these Terms and Conditions of Sale and Use; (ii) your use of, or form of connection to SimCardGlobal.com website or the relevant products; or (iii) your violation of any right of any third party.

XVI. SUPPORT

SimCardGlobal.com will only provide technical support for our own products and services. SimCardGlobal.com will not provide technical support for 3rd party products, mobile phones, telephony equipment, blue tooth, handsets or services that work in conjunction with our products and services.

XVII. Force Majeure

SimCardGlobal.com shall not be liable for any failure to provide the website or the Products for any reason, including due to any action or event beyond it’s reasonable control, such as lightning, flood, severe weather, fire or explosion, civil disorder, war, military operations, act of terrorism, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind (including those involving our employees) or power outages (each a “Force Majeure Event”)

XVIII. Governing Law; Submission to Jurisdiction; Time Limitation on Claims

These Terms and Conditions of Sale and Use shall be governed by the laws of Missouri, United States of America. Without reference to such jurisdiction’s choice or conflict of laws principles, the United Nations Convention on Contracts for the International Sale of Goods expressly does not apply to these Terms and Conditions of Sale and Use. If any provision of these Terms and Conditions of Sale and Use is found by a court of competent jurisdiction to be invalid, we and you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the relevant provision, to the fullest extent permitted by applicable law, and the other provisions of these Terms and Conditions of Sale and Use shall remain in full force and effect. Any legal action, or proceedings, with respect to these Terms and Conditions of Sale and Use or any document or products related hereto shall be brought in the courts of Missouri, United States of America. and, by execution and delivery of these Terms and Conditions of Sale and Use, each party hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of such courts. You and we irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non convenience, which any of you or we may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. You and we each irrevocably consents to the products of process of any of such courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to each other party at its last known address, such products to become effective 30 days after such mailing. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the relevant Products or these Terms and Conditions of Sale and Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

XIX. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing. The Section titles in these Terms and Conditions of Sale and Use are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may not be assigned, transferred, pledged or hypothecated by you without our prior express written consent. This Agreement comprises the entire agreement between you and SimCardGlobal.com regarding the subject matter contained herein and supersedes any and all prior agreements between the parties regarding the subject matter contained herein. You also may be subject to additional terms and conditions that may apply when you use affiliated products. All provisions of these Terms and Conditions of Sale and Use are binding upon, inure to the benefit of and are enforceable by or against you, or SimCardGlobal.com and their respective heirs, executors, administrators or other legal representatives and permitted successors and assigns. You represent and warrant that you are at least eighteen (18) years of age and possess the legal right and ability to agree to these Terms and Conditions of Sale and Use

Connect - The SIM card, operated by SimCardGlobal.com wired into data and wholesale long distance backbone and with least cost routing, accounting and billing built into a full “back office” function. Customers connect into The SIM card and then to any number of destinations (including other products). Requests for products, such as a standard call - or conference call, can be initiated via SMS, e-mail, instant messaging.

Record - Recording capability for voice conversations that allows packaging within a WAV file that is either sent directly or via link to specified profile destinations.

XX. SERVICE

SimCardGlobal.com shall provide Services to the Customer upon acceptance of a Customer's order. All orders are subject to SimCardGlobal.com's approval. SimCardGlobal.com reserves the right to refuse or reject orders without explanation.

SimCardGlobal.com provides International Cellular Roaming services based on a combination of SIP-based Voice-over-Internet Protocol (VoIP), GSM and the Public Switched Telephone Network (PSTN). SimCardGlobal.com may add or delete services at any time for any duration deemed necessary. SimCardGlobal.com Services provides for connectivity and/or forwarding of calls between Customer's mobile telephone and a different mobile telephone number and/or PSTN. When SimCardGlobal.com allocates any telephone numbers to you, you shall not have any rights to these telephone numbers except for the sole purpose of using the Services in accordance with this Agreement.

We may, for commercial, operational or technical reasons or compliance with any requirement of the relevant Regulatory Authority or other authority, withdraw or change any telephone number allocated to you. However, we will endeavor to give you reasonable notice in this event.

To forward calls, user must be able to "call forward" their cellular and/or PSTN calls to the designated SimCardGlobal.com number. The user may be subject to applicable tariffs, charges and/or taxes for these calls by another party. SimCardGlobal.com is in no way responsible for these charges.

To use SimCardGlobal.com services you are required to have a SIM-unlocked compatible GSM cellular phone operated in the required network frequency.

XXI. LOSS / THEFT / FRAUD

The Customer must notify SimCardGlobal.com 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. The Customer is responsible for all charges incurred up until the time of said notification pending review of call records by SimCardGlobal.com. SimCardGlobal.com requires evidence of alleged loss or theft in the form of a police report. Upon said notification, or if SimCardGlobal.com suspects any wrongdoing, SimCardGlobal.com will terminate or suspend the Services. The Customer agrees to provide reasonable co-operation in any investigation of unlawful use of Services or Equipment.

XXII. Privacy Statement

Your privacy is important to us. Our use of your personally identifiable information is governed by our privacy statement that can be viewed on the website. You hereby acknowledge that you have read our privacy statement and you hereby agree to the terms and conditions of our privacy statement.

XXIII. CONFIDENTIALITY

Information provided by the Customer herein will not be publicized by SimCardGlobal.com without the Customer's prior permission unless it is: 1) used in assessing credit performance or regarding collection of overdue payment; 2) supplied to the commissioning entity or Supplier provided that the information is to be used for the provision of Services and disclosure is made on a confidential basis, or; 3) provided to a law enforcement or investigative agency in connection with suspected unlawful activities or in the case that the Customer has provided false or misleading information to SimCardGlobal.com. By placing an order with SimCardGlobal.com you agree that SimCardGlobal.com has permission to provide order information to other companies to fulfill your request for a product or service, such as a shipping company, credit card processing company, or service partner. (Without your consent, these companies do not have the right to use the personally identifiable information we provide to them beyond what is necessary to assist us.); For more details on how your personal information may be used, please refer to our privacy policy.

XXIV. CANCELLATION

Customers may cancel their order provided they do so within 14 days of purchase and have not used the service. Customers who cancel their order will receive a credit less shipping fees and a $10 restocking fee. Customers who have used the service or do not cancel within 14 days of purchase will not be able to cancel their order. Customer must return the SIM Card to SimCardGlobal.com, at his or her own expense, before a credit can be issued. The SIM Card must be returned with the credit card size plastic cover it was originally attached to. The SIM card barcode is printed at the bottom of the plastic cover and the PIN and PUK are printed on the top right hand side.

XXV. SERVICE AVAILABILITY

Services are available exclusively within the current operating range of our service provider's (the "Supplier") territory. Refer to www.simcardglobal.com/Our-Rates/ for details on territories where Services are available under the Customer's selected service plan (the "Service Plan").

XXVI. ROAMING

Equipment may be used in countries covered by our Suppliers' roaming agreements. The Customer is responsible for all roaming charges, if applicable. While roaming, the Customer will be using the networks of SimCardGlobal.com's Suppliers and their Partners and will therefore be subject to their provisions for liability. The Customer should contact Customer Service at www.simcardglobal.com/Contact.asp for clarification of roaming availability.

XXVII. OPERATING PROCEDURES

Customers shall follow the procedures outlined in the instruction manual(s) supplied by SimCardGlobal.com, as well as those instructions provided by the Suppliers of Services to SimCardGlobal.com. SimCardGlobal.com shall bear no responsibility for failure of Customers to use the Services in accordance with the said instructions.
 
XXVIII. SHIPPING
 
SimCardGlobal.com's standard shipping method is United States Postal Service (USPS), FedEx, UPS, DHL or similar delivery methods. Shipping charges are determined by the weight of the products in your package and the destination, and are non-refundable. Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Loss or damage that occurs during shipping is customer’s responsibility.
 
FORCE MAJEURE - SimCardGlobal.com shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, act of God, or any other causes beyond its control and without the fault or negligence of SimCardGlobal.com. When a SimCardGlobal.com's delay or nonperformance continues for a period of at least fifteen (15) business days, the other party may terminate this Agreement or an order under the Agreement in accordance with the cancellation terms contained herein, excluding restocking fee.
 
XXIX. FAIR USAGE POLICY
 
The usage of the SIM Card and any of its calling systems is expected to be a fair balance between free incoming calls, chargeable incoming calls and chargeable outgoing calls. Excessive volume or duration of only free incoming calls or free call forwarding, determined at SimCardGlobal.com's sole discretion, acting reasonably, will constitute abuse. SimCardGlobal.com reserves the right to monitor usage, to apply call charges and/or withdraw the service from any SIM Card, and associated accounts, supplied to you at any time in the case of overuse or abuse of the free incoming calls facility. SimCardGlobal.com will not be liable for reimbursement, compensation of airtime credit or purchase price or any sub sequential loss of any SIM Card or account that is suspended under this Fair Usage Policy.

A positive airtime credit balance of at least $0.01 must be maintained on the SIM Card account to receive free incoming calls. If a SIM Card has $0.00 or less balance, the SIM Card account will be locked until airtime credit is added to the account.
 
XXX. CONDITIONS OF OTHER CONTRACTS

The obligations of SimCardGlobal.com and the terms of services and sales under these Terms & Conditions are subject to the terms of the agreements under which SimCardGlobal.com purchases the Services from Suppliers (each an "Other Contract"). To the extent fulfillment of any obligations under these Terms & Conditions is not possible or permissible under an Other Contract, the Other Contract shall prevail and such obligation shall be suspended or modified to the extent required by the Other Contract.

XXXI. ADDITIONAL POLICIES

A full copy of these terms and conditions can be obtained online at www.simcardglobal.com/Terms-and-Conditions/A/2/ or by contacting SimCardGlobal.com Customer Service at www.simcardglobal.com/Contact.asp. SimCardGlobal.com reserves the right to modify the SimCardGlobal.com Terms and Conditions at any time. Notice of modifications to these Terms and Conditions may be given to Customer by posting such changes to the SimCardGlobal.com website located at www.simcardglobal.com/ and revision of the updated date, by electronic mail or by conventional mail.

XXXII. Method of Sending Notices

We may give you notice of either any action, or event, described in these Terms and Conditions of Sale and Use, including, but not limited to, any change either to these Terms and Conditions of Sale and Use or to our Privacy Statement, by any means including, but not limited to, a posting of the notice on the website, or by mailing or e-mailing the notice to you (in each case to your most recent address on record with us). Conversely, you may give us notice in writing.

 
 
 
 
 
 
   
 
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