Cello Mobile Terms & Conditions

SERVICE

Cello Mobile shall provide Services to the Customer upon acceptance of a Customers order. All orders are subject to Cello Mobiles approval. Cello Mobile reserves the right to refuse or reject orders without explanation.

Cello Mobile provides International Cellular Roaming services based on the GSM Network. Cello Mobile may add or delete services at any time for any duration deemed necessary. Cello Mobile Services provides for connectivity and/or forwarding of calls between the Customers mobile telephone to destinations around the world. When Cello Mobile 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 regular phone line to the designated Cello Mobile number. The user may be subject to applicable tariffs, charges and/or taxes for these calls by another party. Cello Mobile is in no way responsible for these charges.

To use Cello Mobile services you are required to have a SIM-unlocked compatible international GSM cellular phone (which we provide).

SIM CARDS

Information contained in any SIM card(s) furnished to the Customer is the property of Cello Mobile. The Customer agrees not to interfere with the information contained in the Card.

LIABILITY REGARDING SERVICE

Cello Mobile assumes no responsibility for any damage, loss of property, opportunity or earnings, personal injury, death or any other loss whatsoever resulting from the Customers use of Services, including, but not limited to, use of 911 (or 112 which is the universal emergency number). This limitation applies to acts or omissions of Cello Mobile, it’s Suppliers, Agents, Employees and all persons for whom it may be responsible. Cello Mobile 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, Cello Mobiles own fault or negligence.

DELIVERY

Cello Mobile 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.

RATES & PAYMENT

All charges will be in accordance with Cello Mobiles current rate schedule which can be found on our website www.cellomobile.com for the selected Service Plan at the time of use. Cello Mobile reserves the right to modify and/or add rates and charges from time to time, including loyalty rewards, without prior notice to the Customer. Cello Mobile 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 incorrect or contain an inaccuracy in its description. In the event Cello Mobile determines that a product or service is incorrectly presented or contains an inaccurate description, Cello Mobile 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 (where applicable), 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 credit card payments will be processed on a daily basis. Cello Mobile may precharge your credit card for usage, if the service is prepaid and it drops below a certain set threshold, however if you are use a postpaid product, which means that you pay after use, there is no worry of running low on your account. Cello Mobilereserves the right to suspend or terminate your service for non-payment of your account. If we suspend your account, all outstanding amounts must be paid in full prior to reconnection. Cello Mobile reserves the right to apply any deposits or credit card authorizations against any account that has activity on it. The Customer shall inform Cello Mobile of any disputes or disagreements with invoiced charges within 30 days of the date of invoice. 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 invoice generation. A copy of the invoice outlining all charges shall be emailed to the Customer upon request. 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 Cello Mobile Technical Support or Customer Service regarding the issue during their travels. In situations where the service is deemed not to have worked during travels, Cello Mobile will be unable to provide compensation, or reevaluate charges if no record of these troubles was made through Cello Mobile Customer Service or Technical Support departments or if Cello Mobile was not given the opportunity to troubleshoot and resolve issues during the service period.

LOSS/THEFT/ FRAUD

The Customer must notify Cello Mobile immediately regarding lost or stolen SIM cards/phones 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 Cello Mobile. Cello Mobile requires evidence of alleged loss or theft in the form of a police report. Upon said notification, or if Cello Mobile suspects any wrongdoing, Cello Mobile will terminate or suspend the Services. The Customer agrees to provide reasonable co-operation in any investigation of unlawful use of Services or Equipment.

SERVICE RULES

Service may not be used for any unlawful, fraudulent or abusive purpose and must be used as required by all applicable laws.

CONFIDENTIALITY

Information provided by the Customer herein will not be publicized by Cello Mobile without the Customers 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 Cello Mobile. By placing an order with Cello Mobile you agree that Cello Mobile 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.

TERMINATION

Cello Mobile 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.

CANCELLATION

Customers may cancel their order provided they do so within 15 days of purchase and have not used the service. Customers who cancel their order will receive a credit less shipping fees and a $15 restocking fee. Customers who have used the service or do not cancel within 15 days of purchase will not be able to cancel their order.

SERVICE AVAILABILITY/EXPIRATION

Services are available exclusively within the current operating range of our service providers territory. Refer to www.Cellomobile.com for details on territories where Services are available under the Customers selected service plan. Our Service will  never expire if you use our service once in every 9 months (unless otherwise noted online). To extend service life simply make a phone call or send a text message within your validity period and your sim life will be extended for another 9 months. In the event when your sim card does expire your number will be forfeited and a new number/sim will be available to you for a discounted price.

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 Cello Mobiles Suppliers and their Partners and will therefore be subject to their provisions for liability. The Customer should contact Customer Service at Cello Mobile for clarification of roaming availability.

OPERATING PROCEDURES

Customers shall follow the procedures outlined in the instruction manual(s) supplied by Cello Mobile, as well as those instructions provided by the Suppliers of Services to Cello Mobile. Cello Mobile shall bear no responsibility for failure of Customers to use the Services in accordance with the said instructions.

CONDITIONS OF OTHER CONTRACTS

The obligations of Cello Mobile and the terms of services and sales under these Terms & Conditions are subject to the terms of the agreements under which Cello Mobile 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.

ADDITIONAL POLICIES

A full copy of these terms and conditions can be obtained online at www.Cellomobile.com or by contacting Cello Mobile Customer Service at 1.888.790.7368 or by emailing sales@cellomobile.com. Cello Mobile reserves the right to modify the Cello Mobile 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 Cello Mobile website located at www.Cello Mobile.com, by electronic mail or by conventional mail.

AGREEMENT

Usage of services signifies acceptance of Cello Mobile Terms and Conditions.

SUPPORT

Cello Mobile will only provide technical support for our own products and services, our support line number is 611 from your International phone or call 1.845.781.8121 from anywhere in the world. Cello Mobile will not provide technical support for 3rd party products or services that work in conjunction with our products and services.

Cello Mobile Corp (Cello Mobile) and Customer (the Customer) hereby agree to the following terms and conditions with respect to the provision by Cello Mobile Corp to the Customer of the wireless telephone and peripheral equipment (the Equipment) and related services (the Services) which are described in the Rental Agreement attached hereto and incorporated herein by reference.

Authorization

1.1 If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.

Delivery of Equipment

2.1 Cello Mobile Corp. will deliver the Equipment at its own risk to the Customer at the address designated by the Customer.

2.2 Cello Mobile Corp. will use reasonable efforts to deliver the Equipment in time.

2.3 The Customer will accept the Equipment when delivered on or before the Delivery Time and if for any reason the Customer fails to accept the Equipment when delivered on or before such date the Customer shall nevertheless be liable for the stated Rental Charge in full.

Charges

3.1 The Customer will pay the Rental Charge from the International Departure Date until the end of the Rental Period or the date all of the Equipment specified in the Rental Agreement is returned to and accepted by Cello Mobile. Equipment rental charges apply to full days. A late fee plus the regular rental fee of $3.99 shall be applied to any equipment not postmarked/scanned within 48 hours of return home .

3.2 The Customer will pay the Call Charges for all calls made on the Equipment after delivery until it is returned to and accepted by Cello Mobile Corp. or received by one of its representatives. Cello Mobile Corp. may increase the Call Charges as and when it deems appropriate. However, Cello Mobile Corp. will at all times seek to provide the Customer with reasonable notice of any impending change as soon as it becomes practically possible.

3.3 The Customer shall be billed for each incoming (where applicable), outgoing call in full minute increments, with partial minutes rounded to the next full minute, in accordance with cellular billing practices.

3.4 The Customer is responsible for phone service and airtime charges and applicable taxes during the entire period the Equipment is rented whether or not the Customer personally makes the calls for which the charges are imposed.

3.5 Cello Mobile Corp. is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not Cello Mobile Corp. is aware of such charges at the time of the return of the Equipment. All charges and other amounts billed pursuant to this Agreement are payable by the Customer at the end of Rental Period as set forth in Section 3.6, or if not computed at the end of Rental Period, then upon demand given by Cello Mobile Corp. to the Customer.

3.6 The Rental Charge, the Call Charges and any other amounts due to Cello Mobile Corp. under this Agreement are payable at the end of the Rental Period and Cello Mobile Corp. shall be entitled to charge late fees on any overdue amounts.

4.1 In the event of any loss, damage, theft or disappearance of the Equipment while on rental, regardless of circumstances, the Customer shall pay to Cello Mobile Corp. on demand, an amount equivalent to the value of the Equipment as identified in the Rental Agreement, less any deposit retained by Cello Mobile.

4.2 The Customer has the option of selecting extended Theft & Loss Protection coverage, covering the full value of the Equipment with a $75 deductible, if accepted and signed in the applicable space in the Rental Agreement. In the event the Equipment is stolen or lost, the Customer is liable for all Call Charges on such Equipment until the equipment is deactivated by us.

Cancellation/ Refunds

All basic cell phone rentals returned before the trip has started will receive a full refund minus the shipping charges. A $15 restocking fee will apply to all returned items. Prepaid products will forfeit the prepaid amount deposited. Data products and smartphones will not get any refunds once the order has shipped because the data plan is activated when it ships out.

Use of Equipment

5.1 Upon delivery to the Customer Cello Mobile Corp. will provide an instruction leaflet on the use of the Equipment.

5.2 The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions and in no other manner.

5.3 The Customer agrees that he/she will not:

5.3.1 modify or repair equipment;

5.3.2 remove or interfere with any certification markers affixed to the Equipment;

5.3.3 deface or add to the Equipment;

5.3.4 sublet or allow the use of the Equipment by any third party; or

5.3.5 attempt to dispose of the Equipment or to grant any interest in the Equipment to any third party.

Repairs

6.1 If the Equipment is not in working order when delivered or subsequently malfunctions then the Customer will notify Cello Mobile Corp. immediately.

6.2 Cello Mobile Corp. will repair or replace the Equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the Rental Agreement, Cello Mobile Corp. will provide the Customer with the same or similar equipment (which shall constitute Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred.

6.3 If Cello Mobile Corp. finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment.

Liability

7.1 Cello Mobile Corp. warrants that the Equipment will be in working order when it is delivered to the Customer but cannot be responsible for the performance of the Equipment or the operation of the telephone network to which it is connected, it being acknowledged by the Customer that Services may be temporarily interrupted (including dropped calls), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment failure.

7.2 CELLO MOBILE CORP.MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE SERVICES FURNISHED UNDER THIS AGREEMENT.

Subject to Section 8 the Customer shall be solely responsible for and shall indemnify and hold harmless Cello Mobile Corp. against all claims, demands and liability arising as a result of lease, possession use, condition, operation or misuse of the Equipment or the cellular phone services provided hereunder whether in breach of Section 5 or otherwise arising howsoever.

CELLO MOBILE CORP. WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST CELLO MOBILE CORP.FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.

7.3 The Customer shall be liable to Cello Mobile Corp. for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce Cello Mobile’s rights under this Agreement.

7.4 Cello Mobile Corp. reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that Cello Mobile Corp. detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and Cello Mobile Corp. shall have no liability whatsoever to the Customer for such deactivation.

Theft & Loss Protection

8.1 This clause will only apply if the Customer has paid for the Theft & Loss Protection option and any of the Equipment is not returned to Cello Mobile Corp. in accordance with the provisions of these terms and conditions due to theft or accidental loss or damage.

8.2 Customer shall immediately notify Cello Mobile Corp. of any theft, loss of or damage to the Equipment and shall, if applicable, provide evidence of theft by submitting a copy of a written police report to Cello Mobile Corp. within 24 hours of the theft.

8.3 If this clause applies then the Customer will not be liable to pay for the value of the Equipment set forth in the Rental Agreement even if the retail price of the Equipment which would otherwise have been payable by the Customer under Section 4 exceeds such amount. The foregoing notwithstanding, the Customer will be liable for payment of any applicable Theft & Loss Protection deductible.

Ownership

9.1 The Equipment, including the transceiver and all accessories will at all times remain the property of Cello Mobile. The Customer acquires no rights other than temporary use. During the Rental Period no service or part replacements are authorized without written approval from Cello Mobile. The Customer agrees that he/she has examined the Equipment and that the Equipment is in good working order at the time of receipt.

Termination

10.1 Unless otherwise agreed with Cello Mobile Corp. the Customer shall return the Equipment to Cello Mobile Corp. at the designated return address printed on our website at the end of the Rental Period in good working order and in the same condition as when it was delivered to the Customer. The Customer shall return the Equipment by a reliable courier service with insurance/tracking capabilities. Should the Customer return the Equipment using means other than those specified in the instructions provided by Cello Mobile Corp. . Packages returned with any components or pieces missing from the Equipment will continue to be charged full rental until all such missing components or pieces are returned or replacement value of the Equipment paid.

10.2 Should the Customer (a) obtain use of the Equipment by any misrepresentation or fraudulent mean, or (b) tamper with the cellular telephone meter, or (c) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions then Cello Mobile Corp. may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement; (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. Cello Mobile Corp. may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to Cello Mobile Corp. by a systems operator. No remedy of Cello Mobile Corp. shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.

10.3 The Customer shall pay the manufacturer’s full retail price to Cello Mobile Corp. for any Equipment which is damaged or not returned at the end of the Rental Period.

Applicable Law

11.1 This Agreement shall be governed by the laws of the State of New York . In addition, this Agreement is subject to applicable foreign, federal and state laws and tariffs.

General

12.1 The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.

12.2 No waiver by Cello Mobile Corp. of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.

12.3 This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by Cello Mobile Corp. or its authorized agent. This Agreement constitutes the entire agreement between Cello Mobile Corp. and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment, other than as set forth herein.