The following words and expressions shall have the following meanings:
Accessories: Products approved by OneSimCard which can be used in conjunction with a phone. These include, but are not limited to batteries, chargers, car kits, headsets and carry cases.
Account: Our records of your payments, credit card charges and your personal details.
Charges and Rates: All charges and rates for services, as published on our web site www.OneSimCard.com. All calls are billed in one minute increment. Call duration is rounded up to the next minute.
Connection: The process of providing you access to a service.
Customer Literature: Printed and on-line documents published by OneSimCard that provide information on OneSimCard. Literature may be distributed with new phones or via e-mail to some or all OneSimCard Customers.
Phone: A mobile phone which is approved by OneSimCard for use. Registration: Our acceptance of an application for Services and our record of Customer and User data prior to Connection. To 'register' shall mean to begin the process of registration and constitutes the time after which an application has been submitted but before acceptance by OneSimCard.
Roaming: Service which allows the use a Phone on other operators' networks, usually in foreign countries.
Services: Roaming and other services.
SIM: A device which contains your personal telephone number and is programmed to allow access to the network.
Suspension: The temporary disconnection of Services.
User: You, or another person named by you who is authorized to incur Charges to your Account.
Provision of Services
We will take all reasonable steps to make all Services available to you at all times. However, please note that:
The quality and availability of Services may sometimes be affected by factors outside our control such as local physical obstructions, atmospheric condition, other causes of radio interference, and faults in other telecommunication networks to which the network is connected.
The quality of our Services may not be at its best inside buildings or below ground.
Service may sometimes be affected by maintenance and upgrading.
The network and Services may from time to time require upgrades, modification or maintenance. These may result in some or all of the Service becoming temporarily unavailable. In such cases, we will do everything possible to provide alternative Service and keep the period of non-availability to a minimum. However, some interruption may be inevitable.
We may suspend some or all of the Services you use, without notice, if we have reason to believe that you are in breach of one or more of the terms of your contract.
Roaming relies on the telecommunications systems of foreign networks, over which we have no control. We cannot therefore offer any warranties, express or implied, concerning the quality of roaming services.
While we strive to keep rates and coverage consistent from month to month, rates and coverage are subject to change at any time with or without notice.
User can terminate services at any time by providing written notice to OneSimCard Support.
The international SIM card phone number and account will expire if no outgoing usage is made for 2 years. The outgoing usage could be any of the following: Call made from the phone, SMS sent from the phone or any Data Usage.
Personal Extra Numbers will stay active as long as they have been funded properly.
The SIM card balance is valid for 10 months. The balance will continuously roll over to the next 10 month period provided that at least $25 is added within 10 months after the last recharge.
If the balance expires, the service can still be used after a new recharge of the SIM card.
We cannot give refunds for the airtime. You may return an unused phone or OneSimCard SIM card within 30 days after the receipt of the item, provided you never placed a call to or from the mobile phone issued and all airtime is intact. A 25% restocking fee will be applied. Returned products must be undamaged and unused in their original packaging in order to be accepted. We reserve the right to refuse refunds for any products that are returned with damage and are unable to be resold at the purchased price. Shipping charges will not be refunded. We cannot refund airtime used on mis-dialed calls. If you are not sure how to dial a number in a specific country, please request support from customer service. There are no refunds for sent SMS messages - either it was delivered to the recipient or not. Not all SMS messages can be or will be delivered. We cannot refund minutes used for calls to Customer Service. A call made to Customer Service will be billed at the same rate as a regular call made from the country in which you are located. Most shipments from OneSimCard require a signature at delivery. Returns due to the carriers inability to obtain a valid signature are subject to a return processing fee and no credit of freight charges. There will be no refunds for Internet data usage. If the charge occurred then data was moved and you were charged accordingly. There will be no refunds for Personal Extra Numbers once ordered. There will be no refunds for discount call or text plans once activated.
Ownership of Personal Extra Numbers
You understand and agree that you are not the owner of any Personal Extra Number ("PEN") assigned to you by onesimcard.com. Ownership of any such PEN is vested solely in onesimcard.com (which will assign such number to you for your use during the term of this agreement). You understand and agree that following the termination of your account for any reason, such PEN may be re-assigned immediately to another customer, and you agree that onesimcard.com will not be liable for damages (including consequential or special damages) arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if onesimcard.com has been advised of the possibility of damages. You further understand and agree that onesimcard.com may from time to time need to change the PEN assigned to you (whether due to an area code split or any other reason whether outside or within onesimcard.com's control). You agree that onesimcard.com will not be liable for damages (including consequential or special damages) arising out of any such change in the PEN assigned to you, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if onesimcard.com has been advised of the possibility of damages. In particular, you agree that you are not authorized to charge services provided to you or at your request to the number assigned to you by onesimcard.com and that you will not request or otherwise cause any third-party service provider to charge any such services to such number. Any such charges will give onesimcard.com the right to immediately terminate your account without notice.
Refer A Friend Program
The OneSimCard Refer-A-Friend Program (the "Program") is a loyalty program sponsored by OneSimCard through which individuals can earn referral rewards when they encourage their friends to purchase new service as set forth below.
The referred friends will also earn a 5% discount on their purchase as set forth below.
The Program is open only to current OneSimCard customers with active service. Employees of OneSimCard and its related companies, agents, and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate. The Program is void where prohibited.
Participation in the Program constitutes the Participant's full and unconditional agreement to these Terms and Conditions.
Participating in the Program
Log in to your customer account and complete a customer referral form to participate in the Program by choosing the Refer A Friend link.
The referred friend will receive a 5% discount on his or her order (not including airtime) as long as that order is for a new SIM card activation.
The referrer will receive a $10 bonus ($5 for rentals) once an order for new service is placed, shipped and the 30-day return window has closed.
If you have questions regarding the Program, call OneSimCard at 1-800-640-2599.
Modifications and Termination of the Program
OneSimCard reserves the right to modify any of the terms and conditions set forth herein, including, but not limited to, the methods through which customers may earn rewards, and the amount of rewards that can be earned by referring friends, at any time, with or without notice, even though these changes may affect a customer's ability to receive a reward certificate.
A customer's participation in the Program constitutes the customer's acceptance of any changes to these Terms and Conditions. Customers are responsible for remaining knowledgeable as to any changes that OneSimCard may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at Terms and Conditions and will supersede all previous versions of these Terms and Conditions.
General Terms and Conditions
OneSimCard reserves the right to discontinue the participation privileges of any customer who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal or state laws, statutes, or ordinances. Discontinued participation privileges may result in the loss of all accumulated rewards benefits. In addition to discontinuance of participation privileges, OneSimCard shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
Reward referral certificates provided through this Program may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
OneSimCard is not responsible for any incorrect or inaccurate information supplied by customers or referred friends while participating in the Program.
All questions or disputes regarding eligibility for the Program, earning of rewards, or a customer's compliance with these Terms and Conditions will be resolved by OneSimCard in its sole discretion.
Limitation of Liability
By participating in the Program, each customer acknowledges that technical processing and transmission of information on the OneSimCard Web site may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. OneSimCard is not responsible for: (a) incorrect or inaccurate transcription of information; (b) problems related to any of the equipment or programming associated with the Program or utilized by the Participant; (c) any human error or printing error; (d) any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission; (e) problems relating to computer equipment, software, or inability to access the OneSimCard Web site; or (f) any other technical or non-technical error or malfunction.
By participating in the Program, each Customer accepts all responsibility for, and hereby indemnifies and holds harmless OneSimCard, each of its related companies, and each such company's respective officers, directors, employees, shareholders, agents, and successors, and assigns (the "Released Parties"), from and against any claims that may arise from actions taken by such Participant.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A PARTICIPANT PROVES THAT ONESIMCARD HAS IMPROPERLY DENIED THAT PARTICIPANT OF REWARDS OR CREDITS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT VALUE OF ONE (1) CENT. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
Except where prohibited, each customer agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Program shall be resolved individually without resort to any form of class action and exclusively by arbitration under the Commercial Arbitration Rules of the American Arbitration Association; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (i.e., only costs associated with participating in the Program), but shall not include attorneys' fees under any circumstances; and (c) Member hereby waives all rights to claim punitive, incidental, and consequential damages.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.