TERMS AND CONDITIONS OF USE

Acceptance of this agreement is implied with use.
These terms and conditions may be modified by SIMphoneE at any time and without notice.

Last Updated: January 23, 2005 SIMphoneE

Using the 09 Mobile SIM Card

SIMphoneE offers the 09 Roaming SIM cards as a reseller for the cellular carrier 09 Mobile. The cellular services offered by the SIM cards are provided by 09 Mobile. SIMphoneE will make its best effort to provide all the required information for efficient use of the 09 SIM cards and to resolve any issues that might arise. Nevertheless, SIMphoneE is not liable to the service including its quality, rates or coverage.

These terms and conditions apply to calls made and received with a suitable GSM handset equipped with a 09 Mobile issued SIM card, as well as to any texts and other form of messages sent through the 09 Mobile network systems.

Eligible calls are charged in 60 second increments plus a one time connecting fee for outgoing calls.

Incoming calls to most zones are free of charge, calls to countries where charges for incoming calls apply are charged in 60 second increments.

Please note that 09 Mobile reserves the right to change its rates at any time without prior notice. SIMphoneE will make its best effort to keep the rate presented on www.SIMphoneE.com current and up to date.

SIMphoneE can not guaranty the quality or the coverage in all countries, or the performance and delivery of third party networks through which a 09 Mobile user is calling or the functions of the handsets being used.

The user is solely responsible for recharging the card in good time. If the card is not recharged with the minimum amount of   € 25.- within 9 months period, or the service used within that time frame, or if the card is being misused, the card will become invalid and any credit possibly remaining will be forfeited.

When determining the remaining credit level, the credit level calculated by the 09 billing system shall prevail. Call credit will neither be refunded, nor transferred to another phone number. Under no circumstances can SIMphoneE be liable for damages caused by third party.

Using call routing services – callback, call forwarding, calling cards

The call routing service provided by SIMphoneE offer significant flexibility and cost savings. SIMphoneE makes its best efforts to select the best suppliers and extend competitive rates combined easy and flexible operation.

The following terms were structured to protect your account from potential fraud and in to protect the financial integrity of SIMphoneE. At all times, SIMphoneE operates on the principle of good faith.  All reasonable attempts to reconcile discrepancies on your account will be given our fullest attention.  All SIMphoneE accounts are subject to verification procedures; SIMphoneE reserves the right to refuse services at any time as a result.   

The rates that you are paying are posted on our website under your MyAccount login.  Rates may change without notice.  SIMphoneE is not responsible for any errors and or omissions in the rates.  All accounts have an upper limit of usage.  SIMphoneE is not responsible if service is shut off during the month due to the limit on the account. 

SIMphoneE Access Numbers in the US and overseas may change without notice.  Certain restrictions may apply to the number depending on the country you are in, including but not limited to restrictions from hotels, pay phones and cell phones.  SIMphoneE is not responsible for any third party charges that are incurred from a hotel, cell phone company or other carrier.

Customer may not use the services in a manner that (a) violates federal, state or province or local laws and rules, or for fraudulent or criminal activity (b) in a manner that interferes or could interfere with services provided to other, (c) that could harm SIMphoneE’s facilities, or (d) is inconsistent with the intended use of, and plan for, the products and services. Customer is responsible for protecting his/her account number and PIN from unauthorized users. SIMphoneE is not responsible for policing unauthorized use.  SIMphoneE reserves the right to intercept or monitor calls for purposes of determining if there is a misuse of the service.  SIMphoneE may immediately, and without notice or liability, refuse, deactivate, limit, interrupt, or terminate the service as reasonably necessary to protect SIMphoneE and its property, as determined in SIMphoneE’s sole discretion.

Phones and Devices

SIMphoneE selects its offered only brand new phones and devices from known brands and from tested and approved manufacturers. Cellular phones offered are all tri-band or quad-band and are all factory unlocked. Any variations from the above rule offered in special promotional offerings will be indicated.

All prices are subject to change without prior notification. We are not responsible for misprints, misrepresented technical specifications information or out of stock items. Taxes and duties for international shipments are at the sole responsibility of the customer.

If due to timing of multiple purchases, an ordered item becomes out of stock after its ordering and we are unable to deliver this item, an alternative item or a full refund will be offered. Please note that actual styles may vary from their online picture representation.

The cellular phones that we offer are, to the best of our knowledge, compatible with all standard international SIM cards including the 09 roaming SIM card. SIMphoneE is not responsible in any way for compatibility of its offered phones and devices with any or all SIM cards, including the ones offered by SIMphoneE.

Cellular networks in various countries vary by frequency and reception signal. Tri-band phones, also commonly referred to as "world phones" support three out of four used GSM frequencies. These phones or GSM devices might in some cases not support certain carriers in certain regions or countries. A link to the available networks and frequencies is available on the SIMphoneE website.

General Terms and Conditions

1. RATES, PAYMENT AND BILLING
Our accounts are currently all prepaid. As a prepaid account you authorize SIMphoneE to charge your credit card for the prepaid amount that you have selected.  No credits or refunds will be issued for partially used, or lost or stolen phone cards. Calling cards issued for the SIMphoneE service are non-refundable/ nontransferable and have no cash value.

Billing Disputes:  All billing disputes shall be handled by contacting SIMphoneE Customer Support Department via email at support@SIMphoneE.com or by sending correspondence to SIMphoneE Customer Service 1097 rue Saint Alexandre, suite 301 Montreal QC H2Z 1P8 Canada.  Customer is required to provide, at a minimum, the account number, the date and time and destination numbers of any calls disputed and a description of the problem.  Any credits or refunds that may result from the billing disputes will be processed within 30 days from date of original dispute.  Customers are required to pay all charges that are not in dispute.  You agree not to contact your credit card company and request a credit card "chargeback" prior to submitting, and receiving resolution of, a billing dispute to SIMphoneE.  SIMphoneE shall determine the validity of all billing disputes in its sole discretion.

2. AGREEMENT
When purchasing services from SIMphoneE, customer agrees to adhere to the provisions stated herein, including any calling restrictions and limitations as they change from time to time.  No signature shall be necessary for these terms and conditions to be binding.  SIMphoneE may refuse service at any time and for any reason.  SIMphoneE may terminate any account for any reason at any time without prior notice. All SIMphoneE accounts are subject to verification procedures; this may include but is not limited to contacting the credit card issuer, requesting a copy of credit card, and photo identification.

3. INTERRUPTIONS IN SERVICE
SIMphoneE shall not be liable for any errors, omissions or interruption in service, whether within or outside its control.  Service may be temporarily unavailable for scheduled maintenance, either by SIMphoneE or a third party provider, or due to other causes. Service may also be temporarily interrupted at any time for customer and company protection.

4. CONFIDENTIALITY OF CODES, PASSWORDS AND INFORMATION
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from SIMphoneE and all information to which you have access through password-protected areas of SIMphoneE websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. You shall be responsible for any authorized or unauthorized use, misuse or abuse of the SIMphoneE network.

5. NO WARRANTY/ASSUMPTION OF RISK/LIMITATION OF LIABILITY/CHOICE OF LAW
The materials in this site and the provision of the services by SIMphoneE are provided "as is" and without warranties of any kind either express or implied. SIMphoneE disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SIMphoneE does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. SIMphoneE does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not SIMphoneE) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You accept full responsibility for payment for all misdialed calls. SIMPHONEE SHALL HAVE NO RESPONSIBILITY OR LIABILITY (NOR BE IN DEFAULT) FOR INACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICES; NOR LOSS OF DATA RESULTING FROM UPDATES OR MAINTENANCE MADE TO THE SYSTEMS OR SERVICES, DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS OR FOR ANY DELAYS, FAILURE OF PERFORMANCE, TERMINATION, DISCONTINUATION, OR INTERRUPTION OF THE PROVISION OF SERVICES TO YOU, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOSS OF REVENUE, PROFITS, OR BUSINESS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANY CONTRARY TERMS HEREIN, SIMPHONEE’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED AN AMOUNT EQUAL TO THE CHARGES ACTUALLY RECEIVED BY SIMPHONEE FROM YOU DURING THE MONTH PRIOR TO THE DATE THE FIRST CLAIM ARISES.  THIS LIMITATION IS CUMULATIVE, WITH ALL PAYMENTS OR OTHER REMEDIAL MEASURES BY SIMPHONEE BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT.  THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. In the case of any dispute hereunder, this Agreement shall be governed by the substantive laws of the province of Quebec, Canada, without regard to its choice of law rules, and any claim arising from this Agreement shall be exclusively brought in the federal or state courts, as applicable, in Montreal, Quebec.

6. INDEMNIFICATION
You shall indemnify, defend and hold SIMphoneE harmless from claims, loss, damage, expense (including reasonable attorney’s and other professional fees and court costs), or liability arising from (a) any claims by a third party in connection with the delivery or consumption of services hereunder;  (b) use of facilities or services furnished by SIMphoneE or third-parties in a manner inconsistent with these terms and conditions  or in a manner that SIMphoneE did not contemplate; (c) any claim of infringement of any patent, trademark, copyright, trade secret or other proprietary interest based on the possession, use or sale of any material products and/or product(s) and service(s), information, programs, or equipment furnished to You under this Agreement or in contemplation of this Agreement; and (d) all other claims arising out of any commission or omission by You or parties furnished thereby in connection with the services.

7. ACCEPTANCE
Use of any SIMphoneE service provided under this agreement constitutes acknowledgement and acceptance of these terms and conditions stated herein, and no signature is required for such terms and conditions to be binding.  In addition, all applicable tariffs, as filed by SIMphoneE with all applicable federal and provincial regulatory agencies are hereby expressly incorporated herein.  In the case of any conflict between any term herein and that set forth in an applicable tariff, the tariff provision shall govern.

Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of SIMphoneE and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by SIMphoneE or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of SIMphoneE or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

8. TERMINATION
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by a written notice to our customer support department at support@SIMphoneE.com. This agreement will terminate immediately without notice at SIMphoneE's sole discretion, should you fail to comply with any term or provision of this agreement.

9. RETURN POLICY
For detailed information about return policy Click Here

SIMphoneE accepts Corporate/Personal Checks, and Visa, MasterCard, American Express and Diners.

As always, please address questions, comments, and concerns by email to our Customer Service Center or see our contact details on the Contact us page