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Terms & Conditions
Brightroam Terms and Conditions govern the purchase of services.
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SERVICE: Brightroam shall provide Services to the Customer upon acceptance of a
Customer's order. All orders are subject to Brightroam's approval. Brightroam
reserves the right to refuse or reject orders without explanation.
Brightroam 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). Brightroam may add or delete services
at any time for any duration deemed necessary. Brightroam Services provides for
connectivity and/or forwarding of calls between Customer's mobile telephone and
a different mobile telephone number. When Brightroam 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 Brightroam number. The user may be subject to
applicable tariffs, charges and/or taxes for these calls by another party.
Brightroam is in no way responsible for these charges.
To use Brightroam services you are required to have a SIM-unlocked compatible
international GSM cellular phone.
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SIM CARDS: Information contained in any SIM card(s) (the "Card") furnished to
the Customer is the property of Brightroam. The Customer agrees not to
interfere with the information contained in the Card.
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LIABILITY REGARDING SERVICE: Brightroam assumes no responsibility for any
damage, loss of property, 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. This limitation applies to acts or
omissions of Brightroam, its Suppliers, Agents, Employees and all persons for
whom it may be responsible. Brightroam 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, Brightroam's own fault or
negligence.
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DELIVERY: Brightroam will use reasonable efforts to deliver the Card but it
shall not incur any liability to the Customer in the event of any delay caused
by force majeure or other circumstances beyond its control. The Customer will
accept the Card when delivered and if for any reason the Customer fails to
accept the Card when delivered the Customer shall nevertheless be liable for
the stated charge in full.
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RATES & PAYMENT: All charges will be in accordance with Brightroam's
current rate schedule for the selected Service Plan at the time of use.
Brightroam reserves the right to modify and/or add rates and charges from time
to time, including loyalty rewards, without prior notice to the Customer.
Brightroam 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 contain an inaccuracy in its description. In the event Brightroam determines
that a product or service is mispriced or contains an inaccurate description,
Brightroam 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, 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.
All account statements are due upon receipt. All credit cards will be processed
on or after the 12th of every month. Brightroam reserves the right to suspend
or terminate your service for non-payment of your account statement, including
unbilled usage. If we suspend your account, all outstanding amounts must be
paid in full prior to reconnection.
Brightroam reserves the right to apply any deposits or credit card payments
against accounts in arrears.
The Customer shall inform Brightroam 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 upon account
statement generation. In addition, 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 Brightroam Technical Support or Customer Service regarding the
issue during their travels. In situations where the service is deemed not to
have worked during travels, Brightroam will be unable to provide compensation,
or reevaluate charges if no record of these troubles was made through
Brightroam Customer Service or Technical Support departments or if Brightroam
was not given the opportunity to troubleshoot and resolve issues during the
service period.
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HIGH USAGE: Brightroam reserves the right to monitor services for patterns of
high usage. High usage is determined solely by Brightroam and its network
partners.
Services generating high usage will be flagged in the system and Brightroam
will contact the account holder to confirm the usage is legitimate. In the
event that Brightroam is unable to reach the account holder, Brightroam
reserves the right to suspend the service until the usage can be confirmed.
In addition to suspending services, Brightroam reserves the right to collect an
interim payment for unbilled usage in advance of invoicing. The interim payment
will be used as a deposit for the unbilled usage and will be applied to the
next invoice. The size of the interim payment will be determined by Brightroam
, and the account holder will be notified by Brightroam prior to the charge
being placed. If Brightroam is unable to bill the interim payment, Brightroam
will suspend the service until payment can be made.
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LOSS/THEFT/ FRAUD: The Customer must notify Brightroam 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 Brightroam. Brightroam requires
evidence of alleged loss or theft in the form of a police report. Upon said
notification, or if Brightroam suspects any wrongdoing, Brightroam will
terminate or suspend the Services. The Customer agrees to provide reasonable
co-operation in any investigation of unlawful use of Services or Equipment.
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SERVICE RULES: Service may not be used for any unlawful, fraudulent or abusive
purpose and must be used as required by all applicable laws.
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CONFIDENTIALITY: Information provided by the Customer herein will not be
publicized by Brightroam 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 Brightroam. By placing
an order with Brightroam you agree that Brightroam 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.
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TERMINATION: Brightroam may terminate this Agreement at any time without notice
if it suspects any violation of any term or condition of this Agreement, if
payment has not been made. The Customer shall be responsible for all charges
outstanding at the time of termination. Brightroam may also terminate Services
in the event that another Contract for purchase of Service expires or is
terminated, provided that termination of the Services shall only be with
respect to the Service provided pursuant to that Other Contract.
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CANCELLATION: Any SIM card or handset order may be cancelled before 3 pm EST on
the same day that it was placed. Cancellations are accepted only on orders that
have not shipped. If the order has shipped, then the order cannot be cancelled; the
customer must apply for a refund.
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REFUND: Customers may return a SIM card or handset for a full refund OR replacement product if:
A. The service or handset is unused and as originally packaged;
B. The refund application is made within 7 days of the original order;
C. The customer is responsible for return shipping costs;
D. A $15 restocking fee is charged if a replacement product is not ordered.
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SERVICE AVAILABILITY: Services are available exclusively within the current
operating range of our service provider's (the "Supplier") territory. Refer to
www.brightroam.com for details on territories where Services are available
under the Customer's selected service plan (the "Service Plan").
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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 Brightroam's
Suppliers and their Partners and will therefore be subject to their provisions
for liability. The Customer should contact Customer Service at Brightroam for
clarification of roaming availability.
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OPERATING PROCEDURES: Customers shall follow the procedures outlined in the
instruction manual(s) supplied by Brightroam, as well as those instructions
provided by the Suppliers of Services to Brightroam. Brightroam shall bear no
responsibility for failure of Customers to use the Services in accordance with
the said instructions.
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CONDITIONS OF OTHER CONTRACTS: The obligations of Brightroam and the terms of
services and sales under these Terms & Conditions are subject to the terms
of the agreements under which Brightroam 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.
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ADDITIONAL POLICIES: A full copy of these terms and conditions can be obtained
online at www.brightroam.com or by contacting Brightroam Customer Service at
customerservice@brightroam.com. Brightroam reserves the right to modify
the Brightroam 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 Brightroam website located at www.brightroam.com, by electronic mail or by
conventional mail.
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AGREEMENT: Usage of services signifies acceptance of Brightroam Terms and
Conditions. Brightroam is a trade name of iRoam Mobile Solutions Inc.
and by purchasing services from Brightroam you are entering into a legal
contract with iRoam Mobile Solutions Inc.
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SUPPORT: Brightroam will only provide technical support for our own products
and services. Brightroam will not provide technical support for 3rd party
products or services that work in conjunction with our products and services.
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WARRANTY: SIM Cards are tested prior to being shipped. We will make every reasonable
effort to resolved usage problems, up to and including a replacement SIM card at no charge.
A. New Handsets: defective handsets will be replaced free of charge up to 12 months from the date of order.
B. Refurbished handsets: defective handsets will be replaced free of charge up to 3 months from the date of order.
Note: We will only ship replacement SIMs and handsets free of charge within North America. All other locations are at our discretion and may be charged to the customer.
Note: The warranty does not cover misuse, unauthorized repairs, damage from water or wear and tear from normal use.
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