Purchase Terms & Conditions
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).
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.
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.
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 may not be used for any unlawful, fraudulent or abusive purpose
and must be used as required by all applicable laws.
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
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.
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.
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.
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
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.
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 [email protected]. 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.
Usage of services signifies acceptance of Cello Mobile Terms and
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.
Terms & Conditions
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
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
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.
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
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
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
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.
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
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.
6.1 If the Equipment is not in working order when delivered or
subsequently malfunctions then the Customer will notify Cello Mobile Corp.
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.
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
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.
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.
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
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.
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.
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.