Terms and Conditions
Terms and Conditions for GlobalSIM
Whereas GlobalSIM is a division of Global Cellular Corporation (hereinafter: GlobalSIM), a company offering the purchase and rental of prepaid sim cards for use worldwide, as well as rental of cellular telephones and telephone lines; and
Whereas the customer is interested in purchasing or renting from GlobalSIM a prepaid sim card for use worldwide, with or without a rented handset, as set out in the order form as completed on GlobalSIM’s website, or by phone or fax (hereinafter, the: “Order”).
Now therefore it has been declared, stipulated and agreed as follows:
1.      General: The preamble and appendices of this agreement (including the Order) constitute an integral part hereof.
2.      The Transaction: The customer hereby purchases or rents from GlobalSIM, a prepaid sim card and/or a rental handset as set out in the cellular rental or purchase plan presented on GlobalSIM’s website, (hereinafter, the: “Plan”), as applicable in accordance with the Plan.
3.      The Period of the Rental: The rental shall begin on the start date as specified in the Order, and shall end when the equipment is returned to GlobalSIM in its entirety and in working order on the date of the end of the rental as stated in the Order (hereinafter, the:“End Date”).  GlobalSIM shall be entitled to ship equipment within a reasonable time prior to the start date and shall not be responsible for shipping delays beyond its control.
In the event that the customer wishes to extend the period of the rental by a further period, he shall be obliged to inform GlobalSIM’s customer service department at the number in Section 8a below, stating the length of the additional period requested by him. GlobalSIM shall then send to the customer written authorization of the extension, acceptance of which by the customer shall be construed as written notice.  The extension of the rental period is subject to the express approval of GlobalSIM which is in no circumstances obliged to give its approval.
The customer may return the equipment prior to the End Date.  The customer shall not pay rental fees once the equipment has been returned to GlobalSIM, however insurance fees shall be payable on the equipment until the End Date.                  
If the customer returns the equipment within five (5) days of the End Date, in its entirety and in proper condition, and the equipment has not been used during such late days, no additional fees will be payable. However, if the customer returns the equipment more than five (5) days after the End Date, or if the unreturned equipment had been used within five (5) days of the End Date, GlobalSIM, at its discretion, shall charge the customer a payment of liquidated damages in the amount of up to $5 for each day of delay until the actual return of the equipment.  The customer will be charged, in addition to any rental fees or liquidated damages, the applicable minimum airtime for the period up to return of the equipment.  In addition, insurance fees shall be payable until the phone is returned to GlobalSIM.  For the removal of doubt, nothing stated in this clause shall affect the rights and/or remedies available to GlobalSIM under any law for a delay in returning the equipment as stated above.
4.      The Rental Fee: The customer shall pay GlobalSIM a rental fee as stated in the Order. In the event that the customer terminates the period of the rental before the date set out in the Order, the customer shall continue to pay insurance fees until the end of the rental period stated in the Order, however phone rental fees shall not be payable after the phone has been returned to GlobalSIM.
5.      The Purchase Fee: The customer shall pay GlobalSIM a prepaid fee for the sim card and for airtime as found on GlobalSIM’s website, unless stated otherwise in an official correspondence from GlobalSIM on company letterhead. GlobalSIM's that are returned after purchased are not refundable.
6.      Additional charges: The charges payable by the customer with regard to the use of the rental handset and/or rented sim card include, in addition to all the charges set out in the Order form completed by the customer: charges for the use of air time payable to other operators connected with the use of the services, including for international calls; charges for any other cellular services provided by GlobalSIM or its affiliated networks to the customer; and if requested – shipping and reshipping charges. The price of air time, the prices of calls, the price of shipping, and the rental and insurance fees for which the customer shall be charged shall be in accordance with GlobalSIM’s rates and the rates of other telecommunications providers and shippers, including licensees and operators.  GlobalSIM reserves the right to amend such rates at any time, by written notice to the customer.  The basic rates can be found at www.gotglobalsim.com. Customers are advised to contact GlobalSIM’s Customer Service regarding the rates of calls and services not appearing on the web site.
Customer has been advised of the correct dialing method for placing calls. Customer is aware that calls placed via the incorrect dialing method will result in a higher per-minute charge, and the customer shall be liable for all such charges.
7.      Warranty and Insurance Fee: In the event that the customer purchased warranty and insurance services as set out in the Order, the customer undertakes to pay to GlobalSIM the insurance and warranty fee set out in the Order, for warranty and insurance services as set out below.  If GlobalSIM updates the prices for these services, the updated prices, as found at www.gcellular.com shall apply to the customer.  Insurance fees are payable by the customer until the later of the end date or the return date.
8.      Warranty and Insurance Services: For equipment purchases, warranties shall be in accordance with the terms and conditions of the manufacturer and/or the distributor, as applicable. Global shall bear no responsibility for purchased merchandise.
a.    Loss or Theft of Equipment:   The customer must immediately report any case of loss and/or theft of equipment to GlobalSIM at any of the following numbers: 1) +972-8-918-1145, 2) +1-8666-Europe, 3) +1-516-569-6556.  If the telephone was covered by GlobalSIM’s insurance policy, the customer shall pay a deductible of $100.  If the telephone was not covered by GlobalSIM’s insurance policy, the customer shall pay the full replacement fee of $250 per telephone.  A lost sim card costs $20 to replace. After informing GlobalSIM of the loss or theft and paying the appropriate fee, the customer may contact GlobalSIM’s customer service department at: customerservice@gcellular.com for a replacement phone.  Any calls made from the telephone prior to the notification to GlobalSIM will be charged to the customer.
b.    Damage to Equipment/Other: In the event of any additional damage or other claim covered by GlobalSIM’s insurance during the course of the rental, the customer shall pay a deductible at the rate that shall be determined by GlobalSIM and which can be found at www.gcellular.com.  In the event of unanticipated damage caused to the telephone(s) and/or to other accessories, the customer shall return the phone to GlobalSIM for repair.  In the event that it is not possible to repair it, the customer shall receive a replacement telephone or telephones and/or accessories (as applicable) for the remainder of the period of the rental under the terms of the aforesaid service. If the telephone was not insured, the customer shall pay the full $250 replacement fee.  Upon loss or theft of, or damage to, a Sim card, the customer shall pay a replacement fee of $20.  GlobalSIM shall not be liable for any misuse of telephones or sim cards, or for any damage resulting from negligence of the customer or any user of the telephones or sim cards, and in the case of any damages resulting from such misuse, the customer will be charged the full replacement value of the telephone or sim card.
9.      Means and Dates of Payment: Upon acceptance of this agreement, the customer shall confirm a standing order for charging a credit card (hereinafter: charge instructions), for the purpose of making all the debits relating to the use of the telephone(s) and the rest of the equipment that he rented under this agreement, and payments for paying any debt and/or expense relating to and/or arising from the use and/or return of the telephone which is the subject of this agreement.  GlobalSIM shall be entitled to collect the initial charges of shipping, insurance, rental fees and all prepaid fees immediately upon placement of the Order, and thereafter all other charges for airtime and cellular services once a month on a date that shall be determined at its sole discretion, by using the aforesaid charging instruction, and the customer hereby gives his consent to making these charges in this way.  GlobalSIM’s authority to charge the credit card shall not prejudice GlobalSIM’s right to demand payment from the customer in addition to charging the credit card at GlobalSIM’s absolute discretion.
10.    Deposit: The customer undertakes to deposit at the time of signing this agreement, as a condition for renting the telephone, the sum of US$100 which shall be paid by means of the aforementioned credit card.
The amount of the deposit shall serve as surety for the rent, cost of the equipment (in the event that the customer does not return it to GlobalSIM as set out in this agreement), and all the payments and obligations due to GlobalSIM from the customer under this agreement.  GlobalSIM shall be entitled, at its sole discretion and without prior notice to the customer, to present the amount of the deposit for payment, in any case where the customer does not comply with his undertakings under this agreement. In such a case, GlobalSIM shall be entitled to demand, at its sole discretion, that the customer produce another deposit and/or guarantee in place of the aforesaid deposit, as surety for his undertakings under this agreement, and the customer undertakes to do so immediately at the request of GlobalSIM.
GlobalSIM also has the right to demand, from time to time, that the customer increase the sureties which he gave, in accordance with the sums that may be determined by GlobalSIM.
11.    Charges and payments:
a.      Billing: When Service is activated, you must provide us with a payment that we accept and a valid email address.  We reserve the right to stop accepting your payment method.  If your credit card expires, you change your address, you close your account, or your credit card is cancelled and/or replaced because of theft or loss, you must advise us immediately.  From time to time, GlobalSIM will introduce new products and services at introductory pricing, which may change from time to time, at our discretion.  Your outstanding balance will be available for viewing on the Company website using your user name and password at your GlobalSIM account portal.  GlobalSIM bills usage charges in full minute increments which are rounded up to the next full minute unless this billing conflicts with rate schedules established on our website.  Our fees are prepaid in their entirety.
b.      Disputes in billing: If you dispute any GlobalSIM charges on your statement, you must notify us via email within seven (7) days after you received your statement, or you will be deemed to waive your right to contest such charges.  Notices of disputed charges should be sent to customerservice@gcellular.com.
c.      Payments and collection: By subscribing to the Service, you authorize us to collect your payment from your credit card .  Your authorization shall remain valid for 30 days following our receipt of written notice from you canceling our authority to charge your credit card, and then we will disconnect your Service.  In the event any charge to your credit card is reversed or declined, or your credit card has expired and you have failed to provide a valid replacement, or in the case of any other non-payment of account charges, we, at our sole and absolute discretion may terminate your Service.  If your Service is terminated, you remain fully liable for all charges pursuant to this Agreement.  This includes any and all costs incurred to collect such amounts including without limitation, attorney's fees and collections costs.   Messages may be sent from time to time regarding billing, but GlobalSIM is not obligated to do so.  We may change or stop messages without notice to you.
d.      Termination: We reserve the right to terminate or discontinue the Service generally, or to terminate your Service at any time at our sole and absolute discretion.  If Service is discontinued generally by us, or we terminate your Service with no stated reason, you will only be responsible for charges accrued through the disconnection date.  If your Service is disconnected because of your breach of any term of this Agreement, you shall be responsible for the full prepaid charge until the End Date.  Additionally, the Service shall be terminated if unused for six (6) months or more, notwithstanding any prepaid amounts remaining in your account.  You will not be entitled to any refund on such amounts, and should you wish to reactivate your Service, you must contact GlobalSIM and pay for the Service as required.
12.    Service: GlobalSIM offers its Service on a prepaid basis, the term for which begins on the day that we activate your Service.  Service is purchased by you in full, which means that if you wish to or attempt to disconnect or cancel the Service there will be no refunds of the prepaid amount.  GlobalSIM may elect to offer certain promotions and other incentives in advertising and other media outlets.  Those promotions and incentives will only apply to new customers that have never used our services in the past.  Several promotions and other incentives may run concurrently, but cannot be combined.  A new customer may choose one promotion or another, but not more than one at the same time.
13.    Use of service: GlobalSIM allows use of the Service worldwide; however we do not support the Service from all countries.  GlobalSIM does not warrant or represent that the use of the Service is permitted in other such jurisdictions by any and all telecommunications providers.  You are solely responsible for any violations of local laws and regulations or any violations of your telecommunications provider’s terms of service which may result.  If we determine, in our sole discretion, that you have used the Service in violation of laws of jurisdiction of governmental authorities, we reserve the right to immediately terminate your Service.
14.    Prohibited uses of service: You may use the Service for lawful purposes only.  If we determine, in our sole discretion, that you have used the Service for an unlawful purpose, we reserve the right to terminate your Service immediately without refund.  We may present or forward relevant information, including your identity, to proper authorities for investigation and prosecution if we have reason to believe you used the Service in an unlawful manner.  You hereby consent to the forwarding of such information to the authorities.  Additionally, GlobalSIM will forward information in a response to law enforcement requests, subpoenas, court orders, and lawful government requests so to protect our rights and property and in any case where failure to disclose information may lead to harm to us, our customers or others.
15.    Accounts: The records and accounts of GlobalSIM and/or the records and accounts of third-party telecommunications providers relating to the equipment and the Services that are the subject of this contract shall constitute absolute proof of the accuracy of their contents and shall bind the customer.
16.    Return of Equipment: The customer shall be liable to return the handset immediately at the End Date and/or upon rescission of the agreement, whether this is at the End Date or before this, if the agreement is rescinded by GlobalSIM.  Upon its return, GlobalSIM shall check the proper functioning of the handset.  GlobalSIM may deduct from the sureties given to it such amounts as it sees fit at its discretion and which reflect in its opinion the reduction in value of the handset that was not returned in proper condition or intact or on time.  The customer shall have no claims against GlobalSIM with regard to these deductions from his sureties.
       If the Equipment has not been returned to GlobalSIM within 30 days after the End Date, GlobalSIM shall reserve the right charge the customer the full replacement value of the Equipment, as well as all applicable fees for rental and services.
17.    Assignment of Rights: GlobalSIM shall be entitled to assign to any other party, at its discretion, its rights under this agreement.  The customer shall not be entitled to assign the customer’s rights under this agreement.
The Order form, together with the provisions and terms of the agreement, reflect the whole agreement between the parties, and no change or addition has, or shall have, any validity unless they are written and signed by the two parties.
18.    Jurisdiction: All claims related in any way to this agreement shall be decided by the competent courts in Jerusalem, Israel, to which the parties give exclusive jurisdiction.  The competent court shall decide every claim as stated according to Israeli law.
19.    The Addresses of the Parties and Notices: The addresses of the parties for the purpose of sending notices in accordance with this agreement are as set out in the Order.  Any written notice sent by one party to the other shall be deemed to have been received by the other party three working days after it was sent.
20.    Waiver of Privacy Protection: The customer hereby waives the protection of privacy and confidentiality, and confirms and agrees that GlobalSIM may give the customer’s details (including, but not limited to, name, address and telephone number), as well as information relating to use of the customer’s equipment, to third-party telecommunications providers, law enforcement authorities or courts of law and that, in addition, the rental agreement between him and GlobalSIM may be sent to such third-party telecommunications providers, law enforcement authorities or courts of law. GlobalSIM shall bear no liability for the use of customers’ information by the recipients thereof under this agreement.
21.    Limitation of liability, indemnification and warranties: The term GlobalSIM, or Us, as used in this Section 21 shall mean and include GlobalSIM, and its owners, affiliates, employees, directors, officers, agents and any other service provider(s) who furnishes services to you in connection with the Service.
a.      Disclaimer of liability for damages: In no event will GlobalSIM, its owners, officers, directors, employees, agents or affiliates or any other service provider who furnishes Services to you in connection with the Service be liable for any direct, indirect, incidental, punitive, special, exemplary, compensatory or consequential damages, or for other related damages, including but not limited to wrongful death, personal injury, property damage, loss of revenue or profits, loss of data, or damages arising out of or in connection with the use or inability to use the Service, including the inability to access emergency service personnel or to obtain emergency assistance or help.  The limitations which are set forth herein apply to claims founded in breach of contract, product liability, breach of contract, tort and any and all theories of liability and apply whether or not we were informed of the likelihood of any particular type of damages.
b.      Limitation of liability: GlobalSIM shall not be liable for any failure or delay to provide the Service, at any time, or from time to time, or any degradation of voice quality or interruption caused by any of the following:
                                      i.          Equipment, facility, or network failure.
                                     ii.          Equipment, facility, or network modification or upgrade.
                                    iii.          Equipment, facility or network shortage.
                                   iv.          Equipment or facility relocation.
                                    v.          Any act or omission of a vendor, service provider, underlying carrier, or other third party.
                                   vi.          Impediments to usage of the Service caused by a third party.
                                  vii.          Any act of omission by you or any person using the Service provided.
                                 viii.          Loss of power to you causing Service, network, facility or equipment failure.
                                   ix.          Force majeure events including but not limited to acts of nature, acts of God, fire, strikes, war, riot, acts of terrorism and government action.
                                    x.          Any other cause which is beyond our control which includes without limitation, the failure of an incoming or outgoing communication, the inability of communications to be completed, connected or forwarded, and a defect in any manner.
Our aggregate liability under this agreement will in no event exceed the Service charges which coincide with the affected time period.
c.      Indemnification: You shall defend, indemnify, and hold harmless GlobalSIM in connection with the Service from any and all claims, damages, fines, losses, penalties, costs and expenses, including without limitation attorney fees by or on you or any third party(s) behalf or user of the Service, relating to the Services, including without limitation emergency service dialing.
d.      No third party beneficiaries: No provision of this Agreement creates or provides any person or entity which is not a party to this Agreement with any remedy, liability, claim, reimbursement, or cause of action or creates any other third party beneficiary rights.
Provisions included in this section shall be applied to the fullest extent of the law, but if any portion of this section is determined to be unlawful, then this section shall be construed to limit liability against GlobalSIM to the fullest extent of the law.
22.    Inappropriate conduct: The Service may not be used by you in any way that is abusive, harassing, threatening, libelous, deceptive, defamatory, fraudulent or invasive to another's privacy, or any other similar behavior.  If in our sole discretion we determine you have used the Service in the above mentioned manner(s) we reserve the right to terminate your Service immediately and without notice.  In such event you are responsible for the full prepaid amount, with no option for refund.  We may present or forward relevant information, including you identity, to proper authorities for investigation and prosecution if we have reason to believe you used the Service inappropriately.  You hereby consent to the forwarding of such information to the authorities.  Additionally, GlobalSIM will forward information in a response to law enforcement requests, subpoenas, court orders, and lawful government requests so to protect our rights and property and in any case where failure to disclose information may lead to harm to us, our customers or others.  Also, GlobalSIM reserves all of its rights at law and equity to proceed against persons who use the Service improperly or illegally.
23.    Our right to disconnect: We have the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time. In addition, we reserve the right to immediately disconnect your Service at any time without notice if:
a.      If we determine that you have used our service for an unlawful or inappropriate purpose.  If we determine that the use or content does not conform to the requirements in this agreement or that it interferes with our ability to provide service to you or others.
b.      If any charge to your payment method is declined or reversed, your payment method expires and you have not provided us with a valid replacement payment method, or in case of any other non-payment of account charges.
24.    Miscellaneous: This Agreement, including the rates for Services found on our website, and any future modifications as may occur, constitute the entire agreement between GlobalSIM and You and shall govern the use of our Service by You, members of your household, employees and guests.  This Agreement supersedes any prior agreements between GlobalSIM and You and any and all prior or contemporaneous statements, writings, commitments, understandings, or representations concerning its subject matter.
25.    Future changes to this agreement: GlobalSIM may change the terms and conditions of this Agreement from time to time.  Notices shall be considered given and effective on the date that they are posted on www.gcellular.com.  All changes shall become binding upon You on the date they are posted to our website and no further notice by Us is required upon your continued use of the Service.  The Agreement when and as posted supersedes all previously agreed to written and electronic terms of service.