Terms and conditions

Brightroam Terms and Conditions govern the purchase of services.

 
1. 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.


2. The first account statement may or may not reflect all usage. Due to varying service level agreements with different wireless carriers, some call charges may take up to 180 days to be billed and will appear on subsequent account statements.
 
3. 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.
 
4. 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.
 
5. 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.
 
6. RATES & PAYMENT: All transactions are in U.S. dollars. Canadian residents are charged applicable taxes. 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.
 
7. 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.
 
8. 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.
 
9. SERVICE RULES: Service may not be used for any unlawful, fraudulent or abusive purpose and must be used as required by all applicable laws.
 
10. 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.
 
11. 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.
 
12. 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.
 
13. 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.
 
14. 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").
 
15. 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.
 
16. 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.
 
17. 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.
 
18. 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.
 
19. 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.
 
20. 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.
 
21. 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.