TelAway User Contract: Terms & Conditions
- Commitment to provide service:
The Company will provide to the Customer, and the Customer will acquire from the Company, telecommunication services in accordance with the terms set out on the signed contract and in these Terms and Conditions. The Customer's contract is with the Company alone, which has obtained the right to provide the services contemplated herein from their providers and the Customer has no rights whatsoever vis-à-vis those service providers. All information from the providers concerning use of the telecommunication services which are the subject herein, including but not limited to, use thereof, details of calls, times and length thereof, or any other information, shall be provided by the providers to the Company only. The Customer waives all rights of privacy with respect to such information. The Company reserves the right to cancel the service to the Customer, and disconnect the service, for any reason. The records, invoices and other records of the Company and/or the providers with regard to the telephone and service which are the subject herein shall be binding on the Customer. The Company may include the name and other details of the Customer in any database or publication of the Company.
- Payment and notification of modification agreement:
Provision of services by the Company is subject to fulfillment by the Customer of all of his obligations hereunder, including but not limited to, payment of all charges on his account for calls (including primary and third party usage and connections), data calls and additional services. The Company reserves the right to make changes to the rates without prior notice. The Company reserves the right to modify existing or contracted rates in case of fluctuations in the currencies market. The Customer hereby irrevocably authorizes the Company to charge his credit card, as set out on the signed contract, for all charges incurred by the telephone which is the subject hereof. The Customer understands that payment through any other method (such as but not limited to cash, check and so on) may incur an additional processing fee. This agreement shall have full effect notwithstanding that the actual user of the service may be less than 18 years of age. The Customer recognizes the right of the Company to access, evaluate and exchange the Customer's credit history in order to service the account. In case of a change in the Customer's personal information (such as, but not limited to, change of billing / home address, user's program information, etc.), the Customer bears full responsibility for providing the Company with the updated information. The Company will not be obligated to compensate for discounts lost because of delinquency on the part of the Customer to provide such information. Failure to provide the Company with the same may result in disconnection of service. Billing cycles and other Company actions may be interrupted by a force Majour. The Company will not be liable in case of the same.
- Provisions in case of negligent payment:
The Company reserves the right to suspend or terminate service to the Customer at any time with or without notice in case of negligent payment by the Customer. The Company will do its best in full faith to contact the Customer according to the contact information set out on the signed contract in such event prior to such termination. The Company reserves the right to assess a service charge or reconnection fee as a result of suspension, or resumption of service after payment has been received in full. Fees currently stand at $25.00 US (as of July 2012). In the case of Customer legal dispute of previously collected payment (e.g. a "chargeback"), upon resolution of the dispute in favor of the Company, the Company reserves the right to assess a processing fee, currently set at $35.00 USD (as of July 2012). In the case of protracted negligent payments, the Company reserves the right to file Delinquency Report(s) with any or multiple credit agencies and bureaus. In addition all fees and costs related to the collection of monies owed under these terms and conditions are the sole responsibility of the customer. Penalties for overdue bills may be charged.
- Deposit information:
The Company may collect a monetary deposit from the Customer, in whole or in part, as set out on the signed contract. The deposit may be collected as soon as the Customer's account has been opened, even if the Customer has not begun service. Upon termination of the account, the Company will credit the Customer's account and any previous outstanding balance with the same on or after the final statement. The Company reserves the right to demand that the Customer increase the deposit in such amounts as the Company deems appropriate (for example, but not limited to, in the case of an exceptionally high volume of usage).
- Provider limitations, liability and data provision:
The Customer is aware that the Company is providing some services through the network, and therefore the Customer shall be subject to all of the rules, regulations, terms and conditions applicable to such service under law or under general agreement for provision of telecommunications services. The Customer is aware that such agreement provides specifically, and without limitation, that neither TelAway nor any employee or representative thereof shall have any liability for any damage, specific, direct or indirect, caused as a result of the limitation of the cellular service, its suspension, disconnection or termination, in violation of the general agreement, whether consciously or by error, or any delay in any of the above. The Customer will be billed for usage on the equipment according to the monthly usage data provided by the carrier and/or any outside providers according to the standard billing cycle of the Company. In the case of delay of transmission of said monthly usage data (for example but not limited to a call from two months ago only being provided to the Company for billing now), the usage will be charged against the current cycle calculated at the current rate for usage (including totals of minutes against allotted packages). The Company cannot support retroactive delayed calculations at previous tariffs. The Customer is further aware that the service provided by the Company is subject to the quality and availability of the service in the visited country. In particular, the Customer is aware that cellular telephone service may not be available in all parts of the visited country, or that conversations may be of poor quality, or may disconnect from time to time and from place to place. The Customer shall have no claims whatsoever against the Company or the service provider with regard to the above. The Customer understands that the Company is in no way responsible for any damages or harm incurred on the Customer's self or to others during usage of a phone or any of its accessories. This includes both direct and indirect damage.
- Customer liability:
The Customer may not at any time transfer or sublet their contracted service to any other person or institution. Notwithstanding the above, the Customer shall be responsible for all charges incurred by the telephone number or rented equipment of the Customer, whether or not such use was made by the user or was authorized by the Customer. It is explicitly stated that if the equipment is stolen or otherwise taken unlawfully, the Customer shall remain liable for the charges incurred through the Company's service until the phone line or PIN is actually disconnected the relevant provider after due notice
Customer is aware that sole responsibility to disconnect the line in case of theft or loss is his alone
The Company may also cancel the service to the Customer and disconnect the service without notice and with immediate effect if the Customer is in breach of its obligations to the Company or violates applicable rules and regulations or any law, rule, regulation, term or condition of cellular telephone service under law. If the Customer makes calls or uses services in a way that differs from the printed directions enclosed with their rental equipment, the Company is not required to honor the rates as per the contract.
- Monetary Obligations:
Although any user may be specified on a contract with the Company, it is still the legal obligation of the credit card holder that is listed on the customer's contract to pay for all fees, including but not limited to, calls, monthly fees, delivery fees, services and VAT (value added tax) incurred by the user. Under no circumstances may the credit card holder refuse payments based on any non-agreement with user's calling patterns or for any other reason.
- VAT:
VAT (value added tax, at the rate set by the local government) shall be calculated for and added to all charges, including but not limited to, call rates & charges, rental fees, insurance fees, service fees and delivery fees.
- Rental insurance:
The Customer may opt to have insurance coverage on his rental equipment (many rentals have mandatory insurance). Insurance coverage is per standard insurance terms, and covers repair of telephone handsets when repair is possible, and replacement of handset in the case of loss, theft, or irreparability
Replacement will be conditioned on the payment of a deductible by the Customer, paid directly to the Company
Rental insurance covers the telephone handset only. Accessories (such as, but not limited to, chargers, cases, etc.) are not covered by the rental insurance
If a customer chooses to decline rental insurance
they will be responsible to pay for repair and/or replacement of damaged and/or missing rental equipment. See paragraph 13 below.
- Replacing and servicing equipment:
When the Customer's equipment is covered by insurance, then in the case of theft or loss of the telephone, such telephone shall be replaced with a similar instrument or instrument of similar value, at the discretion of the Company, in accordance with standard insurance terms. The Customer specifically understands that when his equipment is covered by insurance, replacement of a telephone as a result of theft, loss, or damage is conditioned on the payment of a deductible by the Customer. Neither the Company nor shall have any obligation to the Customer, to the User or to any other person as a result of the unavailability of the use of the telephone while awaiting repair or awaiting replacement. Equipment that needs to be serviced may be done via a repair services or directly through the Company. Insurance coverage covers repair up to the stage of complete loss. Definitions of "complete loss" in regards to the reparability of equipment will be determined by the company. Tampering with internal components of cellular equipment (such as but not limited to phones, GPS units, etc) when a label indicates that such action will void the warranty will also result in a “complete loss” penalty. Courier service to bring equipment in, to be serviced either by the Company, and / or to return equipment to the Customer after such service, will be charged according to a fixed rate schedule depending on the location of the Customer.
- Contract duration:
The term of this contract begins on the date specified on the signed contract, and ends on the date specified thereon. If no end date is specified, the default length of rental contract is three (3) months, unless otherwise noted. The Customer shall pay the charges incurred in connection with the telephone each month for the duration of the contract, whether or not the telephone is actually in use during any portion thereof. If the Customer returns their equipment or in any way terminates the account before the contracted length of time has passed, the Company reserves the right to charge a cancellation fee, penalties and / or the remaining contractual obligation of fees. The Customer may extend the end date of their contract at any time prior to the end date. The Customer remains responsible for usage of the Company's service or equipment past their end date until such time as the contract is renewed or terminated, as per paragraph 14 below. The Company reserves the right to disconnect service in the case of an expired account that was not renewed.
- Level of usage:
Occasionally the Company may require a minimum level of outgoing call usage per month from the Customer in order to guarantee contracted rates, specials, and the like. In this case, the signed contract will state that a certain offer is dependant on a minimum level of outgoing usage. If the minimum usage requirements are not met, the Company reserves the right to bill additional fees to the Customer for the entire sum duration of the contract or to take other action, as per the original agreement. For example, a monthly rental rate might be $9.99 but only if the Customer has $10 worth of calls in that period. Or a line unused for outgoing calls in a certain time period may be terminated. Unlimited packages or plans are provided with the understanding that they are primarily for voice services (dialogue) as used by a single Customer and not shared, and that they are not utilized primarily for call forwarding or conference calling. In case of abuse, defined as usage exceeding that of normal, single person live dialogue, the Company may, at its option, terminate the Customer's service or change the Customer's plan to one with no unlimited usage components. Unlimited packages or plans may not be used for data transmissions or broadcasting, or excessive call forwarding.
- SIM only agreement:
If end user chooses a SIM only option it is their responsibility to assure that the handset to be used with the TelAway SIM is SIMFREE unlocked and compatible with the GSM requirements of the country and network to be used. TelAway will not issue any refunds for SIM cards that have been activated.
- Return of rental equipment:
The customer must return the rental equipment immediately upon the conclusion of the rental. The Company reserves the right to charge late fees and or continued rental and service charges until the time of return. If the equipment is not returned in the specified five (5) business days, late fees and / or additional rental or service fees will in all cases continue to accrue. The Customer is responsible for any calls made following expiration of the contract until the equipment is returned to the Company and receipt confirmed. The Company shall, at its discretion, deduct from the telephone deposit and / or charge such amounts as it determines to be appropriate to reflect the diminished value of a telephone that is not returned in good condition, where such damage is not covered by the insurance. All rental equipment provided at the initiation of the contract must be returned to the Company. The Customer agrees to be billed for equipment that is not returned to the Company, or that is returned to Company damaged, upon termination of the contract. The following pay schedule is current as of July 2009, is not inclusive of VAT and is subject to increase:
- Replacement of telephone handset device: $99.00 USD (but dependent on phone model and/or insurance coverage)
- Replacement of telephone battery: $30.00 USD
- Replacement of phone charger: $20.00 USD
- Replacement of phone case, car charger or handsfree device: $10.00 USD
- Replacement of face plate, casing or SIM card: $10.00 USD
- Replacement of uninsured cellular broadband modem device: $499.00 USD
- Replacement of insured cellular broadband modem device: $99.00 USD
- Termination of contract:
Customers who are renting equipment terminate their contracts upon the return of the equipment to a Company representative. In the case that the Customer cannot return the rental equipment (as in a case of theft or loss), the Customer's contract will be terminated as of the date the Customer declares to the Company their desire to terminate and to have the Company replace the equipment. Customers who are not renting equipment must terminate their contract explicitly in writing.
- Summary:
The signed or electronic contract, together with these Terms and Conditions, constitutes the entire agreement between the parties, and no amendment or modification hereto shall be in force unless it is in writing or via email. The Customer acknowledges that changes made to the contract including termination of the same through the medium of email are legal and binding when confirmed by the Company. Service of process on the Customer may be made at the address of the Customer, as set out on signed contract. Furthermore, these Terms and Conditions are subject to change at any time and without notice. Current Terms and Conditions are those posted on our website
terms.aspx.