Terms & Conditions for providing the SIM card services
It is agreed between Earthroam Communications & Customer as follows:
1. Commencement & Validity
a) Agreement commencement date shall be the date of issue of SIM card and the agreement remain enforceable till the SIM Cards is returned to Earthroam Communications (in case of postpaid)
b) Both the parties agree this agreement has been duly authorized and executed and is valid and binding and is enforceable in law in accordance with its terms.
2. Services, Obligations & Representations by Earthroam Communications
a) The customer shall be provided a SIM card, and a personalized country specific telephone number (which number can be changed by Earthroam Communications at anytime) to enable Customer to use Earthroam Communications, upon acceptance, only while travelling overseas, Customer shall not use the SIM card/s in India as per government regulations. In case there is any non compliance in this regard. Earthroam Communications shall not be held liable.
b) The Customer shall be required to fill in an additional CAF (Customer Application Form) and provide the requisite verification details and documents for obtaining the services of the SIM cards by Earthroam Communications.
c) Earthroam Communications shall provide services in reference to and subject to the applicable Telecommunication Laws.
d) The availability and quality of service may be affected by factor outside Earthroam Communications control such as physical obstruction, geographic and weather conditions and other cause of radio interference faults in other telecommunications network to which network is connected.
e) The service may be suspended in whole or in part at any time with proper notification to the customer. However, if such interruption occurs due to an event caused by force majeure, then such notification shall not be mandate on Earthroam Communications.
f) Earthroam Communications shall not be held liable in any manner whatsoever in cases where:
i) Transmission limitations/problem caused by topographical, atmospheric, hydrological, environmental conditions, any/or mechanical conditions and/or such factors/features/conditions, System(s) changes or capacity limitations, for reasons of up gradations, variations, installations, relocations, repairs, operations and/or maintenance of systems/equipments/services
ii) Combat potential fraud sabotage, willful destruction, etc. for any legitimate business purpose Force Majeure circumstances, act of God, Incompatibility with equipments including handsets etc.
iii) Any delay or non-payment of any dues, incurring charges in excess of any deposits/credit limits, non-deposit/advance(s) or if it appears that was exceeding limits/levels expected by Earthroam Communications for the type of accounts/customer. If services are used in any manner which violates any laws etc. or adversely affects or interferes Earthroam Communications in any manner.
iv) Any discrepancy/wrong particulars provided by the customer, interconnection between Service Providers; DoT/MTNL/BSNL/T2K affects/problem. Breach any term of this agreement on the part of the Customer.
v) Privacy of communication is not guaranteed and is subject to Government Regulations and such other factors varying from country to country.
vi) Earthroam Communications is entitled to change, vary, add withdraw with respect to handset if sold by Earthroam Communications to the Customer.
g) Earthroam Communications is entitled to change, vary, add, withdraw any services, supplementary services, scheme/plan, etc. and/very the charges/prices relating there including mobile equipment(s), accessories, etc. at any time in its sole discretion, which shall be binding other customer providing of supplementary service etc., shall be at an extra charge and on such other additional terms as are specified form time to time.
h) premium sms is a subscription based service & can only be activated or deactivated by the user of the sim card. Earthroam Communications can’t guarantee the premium sms charges as the cost vary from provider & service to service. The deactivation process is generally mentioned in the subscription confirmation message received by the sim card user.
i) On certain networks while roaming; customer be charged for every voice message deposited in your voice mail box. customer will be liable to pay the charges wherever applicable.
j) the sim card and personalized telephone number is and shall be the sole property of Earthroam Communications and shall be returned by customer(s) upon termination or deactivation or temporary suspension of services for any reason whatsoever.
k) for any reason any monies paid by the customer shall not create any right in favor of the customer, in addition, Earthroam Communications reserves the right to seek/verify financial and other information for customers/banking/credit provider and such other sources and resaves the right to reject subscription even after activation for any reason without any liability.
l) in case the sim card is lost or stolen, Earthroam Communications will replace the sim card within a reasonable period subject to additional charges if any.
m) Earthroam Communications reserve its right to reject any caf if it is not in compliance with the applicable laws and is in violation of any of the provisions of this agreements or any information provided proves to be take, wrong or incorrect.
n) Earthroam Communications reserves the right to vary the billing cycle at its own discretion.
o) Earthroam Communications has the right to check the credentials of the customer including the customer financial standing & to use the services of any person or agency for such purpose.
p) Earthroam Communications may to require to disclose any information or particulars pertaining to the customer to any authority, statutory or otherwise whenever required.
q) Earthroam Communications makes no express or implied warranties whatsoever regarding the services etc and shall not be liable to the customer and/or any other person, firm, or body corporate claiming, on behalf of, under or in trust of the customer and the customer hereby waives and agree to continue waving any/all claims actions for any loss delay, cost, expenses fees, judgment, damage, direct, incidental, consequential damages arising related to this agreement, further customer remains solely responsible for its own negligence, acts or omission.
r) Only Earthroam Communications may amend any part of this agreement at anytime by giving customer prior written notice. customer's use of service or payment of any bill after Earthroam Communications has sent out such copy will consisitute customer(s) agreement to all amendments.
s) Earthroam Communications may, without notice, assign,/delegate all or part of its obligations, right, and / or duties under this agreement assignment releases Earthroam Communications form all its liabilities.
3. Obligations & representations by customer;
a) customer represents that he has been fully informed about the cellular mobile telephone services provider by ER, its specifications, requirements, limitations etc. and has only thereupon signed this agreement.
b) the customer has understood that different services/scheme/plan chosen by the customer shall bear different prices/charges/fees and the terms and conditions applicable thereto may also be different. the customer has understood that the sim card has to be used in the country specified; any usage outside the specified country, roaming rates shall be applicable a per the network services utilized.
c) the customer has expressly agreed to:
i) make the payments due on him within time'
ii) make available and furnish all the documents, photograph, address and id proof as required by Earthroam Communications.
iii) to furnish correct and complete information and documents as required by Earthroam Communications from time to time. The services agreed to be provided by ER shall always be subject to verification of the customer's credentials and documents and if, any time, any information and/or documents furnished by the customers in/are found incorrect or incomplete or suspicious, ER shall be entitled to suspend/terminate the service forthwith without any further notice to the customer.
iv) to inform Earthroam Communications in writing with regard to any change in address and furnish documents in support thereof. In case, the customer fail to comply with this provision, then ER shall be entitled to disconnect the services to the customer immediately without any notice thereof and without any liability.
v) to remain liable for the charges during the period of suspension and thereafter.
vi) for change/addition/deletion of any features/supplementary services/scheme/plan customer shall provide the details in writing and be bound by the additional terms thereof. Any change or withdrawal from any supplementary services etc. shall not entitle the customer to any refunds or adjustments of the monies already paid or to be billed under the additional terms.
vii) not to use or cause or allow others to use the services from any improper, immoral or unlawful purpose including in any manner which may jeopardize or impair the operation of the network and/or the services.
viii) to comply with any instruction issued by appropriate authorities/governments bodies/departments/etc., as applicable.
ix) to comply with all applicable laws and regulations regarding the use of the services but not limited to relevant tax laws and to be bound by the provisions of this agreement and the modifications thereof from time to time, if any.
x) not to assign any right or interest under this agreement without any prior notice and prior written approval of Earthroam Communications.
xi) return of sim/handset/data card: the sim card/mobile handset/data card is the sole property of ER and has to be returned to Earthroam Communications within three days of arrival in India from aboard. Unless otherwise specificed in writing of Earthroam Communications. In case of delay in sim card return, the customer shall be liable to pay Rs. 100 per day, till the sim card is returned to the ER.
xii) in case of loss/misplacement of the sim card(s) with or without the mobile equipments(s) customer shall immediately intimate Earthroam communications in writing via registered mail/UPCs or E-mail at services shall thereafter within reasonable time deactivate the sim card. Customer shall continue to be liable for usage charges incurred on the sim card/s. Until it is so deactivated and would also be liable to pay Rs. 500/- (five hundred rupee) per sim card lost/misplaced (as cost of sim/s). In case of loss/misplacement of the Mobile Handset of Data card. Customer is liable to pay an Amount Rs. 5000/-
xiii) Earthroam communications shall not be liable for any misuse while sim card/handset is in customer's possession.
4. Termination & change in service and traiff plan
a) in case the customer in desirous to terminate this agreement, then he can do so by sending the request in writing or by calling at the customer care within the time period but shall be liable for all the call charges incurred, monthly rental, early termination fee (as applicable) till the sim card is not returned to earthroam communications.
b) notwithstanding anything contained under this agreement, earthroam communications is entitled to terminate this agreement if;
i) the govt. or the appropriate authority either suspends, terminates, nationlized takes over the license and the services temporarily or otherwise
ii) at any time the customer fails to satisfy the requisite credit checks or provides wrong/fraudulent information to earthroam communications.
iii) the customer fails to pay its subscription of due charges.
iv) the customer is breach of any other terms of the agreement.
c) the agreement may also be terminated at the option of the other party if either party is declared insolvent, bankrupt, liquidated, damaged for the government of any appropriate authority requires any revision in this agreement in such a way as to cause significant adverse consequence to either party.
d) if the agreement is terminated due to fraud by the customer, then the security deposit shall stand forfeited.
5. bills and payment
a) bills shall include the airtime charges, access charges, monthly rentals, service tax charges for services including supplementary services and other applicable interest, penalties, fees, charges etc. the respective charges may be added, deleted and or varied by Earthroam communications pvt ltd at its sole discretion from time to time without any notice.
b) bill/s shall be paid by customer on or before due date including if they exceed any credit limits customer shall also pay such deposit/advance amounts as Earthroam communications pvt ltd may determine from time to time. No monies paid by a customer to Earthroam communications pvt ltd shall bear any interest payment in times is the essence of the agreement.
c) bill/s are raised on a monthly basis and are dispatched within five working days of the expiry of the billing cycle. If bills are not received within ten days of the end of the billing cycle, customer shall immediately intimate Earthroam communications pvt ltd and collect the duplicate bill any day the same on or before due date. If no such intimation is received from the customer it shall be presumed that the bills have been duly received by the customer.
d) if the amount due is not settled within 15 days of the presentation of the bill, customer will be charged on the outstanding amount and interest at the rate of 2% per month (min. late payment charges Rs. 100/-) computed on full month's delay.
e) Earthroam communications pvt ltd the right to change the timing referred to herein and subject to systems, the billing cycle of any/all customers at anytime in its sole discretion and intimate customer accordingly.
f) in case any charges are disputed, customer shall intimate Earthroam communications pvt ltd in writing via Registered mail/upc/courier within seven working days of having received the bill or may call the customer care to register his/her request. In case of non receipt of such information, it shall be presumed that the charges have been fully accepted by the customer. Disputes shall be settled amicably. Pending settlement customer shall pay the whole amount of the bill including the disputed charges on or before due date.
g) any delay in payment of any bill/dues, non-payment of any disputed charges pending settlements, dishonor of cheque(s) or dishonor of standing instruction on credit card may result in deactivation or IMEI blocking which shall be at the sole discretion of earthroam communications without any liability. Reactivation shall be the sole discretion, subject to satisfaction, of Earthroam communications pvt ltd and on such other/further terms and conditions as Earthroam communications pvt ltd may specify.
h) Earthroam communications pvt ltd reserves the right to fofeit/adjust interest free deposit/amounts/advance/fees etc. against any delayed non-payment of any bill or any amount thereof. Customer shall continue to liable for the balance payment, if any.
i) Earthroam communications pvt ltd reserves the right to increase the amount for deposit/advances at any point in its sole discretion with respect to any/all customers which shall carry no interest.
j) Earthroam communications pvt ltd is authorized to charge my credit card in single/multiple authorizations/transactions up to the max limit of may full & final bill.
k) Earthroam communications reserves the right to apply payment as it deems appropriate.
l) any increase fails in taxes and/or levy of new taxes, levies, duties etc. shall be borne by/paid by the customer. Any such increases shall be reflected in the monthly bill.
m) if customer fails to make any payment, Earthroam communications pvt ltd among other things/remedies, is authorized to immediate payment thereof from any credit provider/Bank account of customer.
6. disclaimer of other warranties:
Earthroam communications pvt ltd make non representation or warranty other than those set forth in this agreement and hereby disclaims all other warranties express or implied.
7.Disclaimer of liability:
i) Earthroam communications pvt ltd shall not be be liable to the customer for any loss or damage whatsoever or however caused arising directly or indirectly in connection with this agreement except to the extend to which it shall be unlawful to exclude such liability.
ii) In the event of any exclusion contained in this agreement shall be held to be invalid for any reason whatsoever, and Earthroam communications pvt ltd become liable for the loss or damage that may otherwise not have been liable then, such liability shall be limited to the cost of the service actually paid for by the customer during that relevant period.
8.General Obligations/ Conditions
a)written Notice shall be considered effectively given to customer when sent by Registerd Mail/UPC/Courier at his last known address according to Earthroam communications pvt ltd records.
b)The agreement binds the customer and whenever and whichever applicable his heirs, executors, administrators, successors, and(permitted) assigns and benefits Earthroam communications pvt ltd and its successors and assigns.
c)Regardless of anything in the agreement Earthroam communications pvt ltd's contractual rights and remedies, as well as those available at law or equity are dependent and cumulative. The failure of any part here to any time require performance by the other performance by the other party of any obligation/provision of this agreement shall not affect the rights of such party to require performance of the obligation/provision or any breach of any obligation/ provision of this agreement shall not be construed as a waiver of any continuing or succeeding breach of such provisions, or waiver itself or waiver of any rights hereunder
d)If any part of the agreement is held invalid, the remaining provision will remain unaffected and enforceable except to the extend Earthroam communications pvt ltd's rights or obligations under the agreement and materially impaired.
e)This represents the entire agreement between customer and Earthroam communications pvt ltd, as maybe modified by Earthroam communications pvt ltd from time to time.
f)All counterparts copies, facsimile and reproductions of the this agreement (and Customer's signature) in Earthroam communications pvt ltd possession shall be considered the same as the original and shall be fully enforceable by Earthroam communications pvt ltd.
g)In case of joint customer, their liabilities under this agreement shall be joint and several.
h)The information provided overleaf shall be part and parcel of this agreement.
i) Customers shall provide such other and further documentary and other information as Earthroam communications pvt ltd sevices may desire time to time.
j) customer shall be liable to pay to Earthroam communications pvt ltd all legal and such other expenses as may be incurred by Earthroam communications pvt ltd owing to any/all terms of this agreement by the customer.
k)The word he or it shall refer to He, she, it etc. in singular or plural as the context may require and shall include a company.
l)Earthroam communications pvt ltd reserves the rights to disconnect and terminate the agreement, without notice and without any liability, in the event of breach of any terms of this agreement by the customer. As also , if any information provided by customer is found to be incorrect at any stage.
m)This agreement shall be subject to jurisdiction of courts Delhi only and shall be governed by the Indian laws. Customers declaration/we agree to pay security deposit, all charges associated with the international SIM card issued to me/us from Earthroam communications pvt ltd services/we have read and understood the terms & conditions provided above and overleaf selected and applicable rates, which forms a part of this agreement and i/we agree to abide by the same. I declare that the information provided by me is true and correct in all respect.