Terms & conditions Terms and Conditions

Transcription

1 Terms & conditions Terms and Conditions The Terms and Conditions (hereinafter Agreement ) applies to all people using RoamFree NINJA rental services. Agreement is set between you (The Customer ) and Roamfree NINJA (Epifron Ltd., Gorjanska 23, Zagreb, Croatia). Agreement sets out yours and ours legal rights concerning payments, changes, starting and ending of service, etc. The wireless package and/or services you have chosen, including the package rates, details and all other applicable information are available separately on our website but are also part of this Agreement. The Customer enters a legally binding contract with Roamfree NINJA upon completing the enrollment or booking process this website. All financial transactions on this website will be passed directly to the credit card processor PayPal or Braintree (Credit card processing company) and Roamfree NINJA will not receive or keep any records of credit card or other financial information. No personal data is stored on All charges relating to usage and all fees incurred by the Customer are the full responsibility of the Customer. Please read this Agreement, your package rates, details, and all other applicable information, terms and conditions set forth before submitting a reservation request. If you disagree with any of the terms and conditions, you should not accept this Agreement. This agreement starts when you submit an online reservation through the RoamFree NINJA website. For information or clarification about any kind of information in this document, please contact RoamFree NINJA at the following mail address: info(at)roamfree.ninja Article 1) Service Description Our services include the rental of a mobile RoamFree NINJA router to the Customer according to the terms as hereunder described. Mobile RoamFree NINJA routers may be collected at designated airports, your hotel or B&B, any Post Office or at other locations as requested by the Customer. The usage of our rental services provides access to a RoamFree NINJA router which is registered to, and owned by RoamFree NINJA or its partners/affiliates. Article 2) Obligations for the Customer The Customer agrees that by accepting the RoamFree NINJA router at the pick-up location, she/he is acknowledging that the rental item is in a good state of maintenance and is operational, and agrees that she/he is obliged to use it with care and return it in the same good state of operation and maintenance with the original packaging and accessories. The customer must notify RoamFree NINJA immediately in the event that she/he believes the rental item is defective. Article 3) Rental Period The rental of RoamFree NINJA services shall begin on the start date as specified in the online order, and shall end on the end date as specified in the online order. The Customer may return the equipment prior to the end date, however rental fees shall be payable until the end date. If the Customer does not return the equipment as specified, certain fees will apply and the Customer remains liable for any charges including rental and administrative fees, stemming from the usage of the service. See Schedule of Administrative Fees. Article 4) Extension of a Rental Period In the event that a Customer wishes to extend the rental period, the Customer is obliged to inform RoamFree NINJA stating the length of the additional period requested. If the Customer

2 neglects to inform RoamFree NINJA of this in writing, the provided rental will end as agreed in the original order and late fees and other charges will apply. All charges relating to an extended service period, including usage and all fees incurred by the Customer are the full responsibility of the Customer. Additional administrative fees may apply. The extension of the rental period is subject to the express approval of RoamFree NINJA. You can extend your rental period on our website Article 5) Cancellations Cancellations up to 72 hours prior to the start date will be charged a 5.00 cancellation fee. Thereafter, no refund will be provided. Cancellation only applies in shipping packages Free delivery in Croatia and Meet with a ninja in Zagreb. Shipping package Next day delivery in Croatia cannot be canceled once the order is completed. Article 6) Delivery The Customer may pick up the equipment in Zagreb, meeting with our NINJA at any location. Upon the Customer s request, and without any delivery fees RoamFree NINJA will deliver the equipment anywhere in Croatia in notice of 3 business days. As requested, RoamFree NINJA can deliver the equipment anywhere in Croatia in notice of 1 day for a delivery fee of RoamFree NINJA may ship the equipment to an address in Croatia specified by the Customer. RoamFree NINJA is not responsible for shipping delays beyond its control. Should the Customer opt for delivery, the Customer will provide RoamFree NINJA, at the time of the delivery request, all of the relevant delivery information including the exact destination as well as a telephone number, and name of the intended recipient of the equipment. The Customer is responsible for the validity of the delivery address as well as any additional expenses such as a repeat delivery. RoamFree NINJA will not be held responsible for late delivery as a result of incorrect, inaccurate or incomplete delivery information provided by the Customer. The validity of the address provided is the sole responsibility of the Customer. RoamFree NINJA shall not be liable for incidental damages due to the failure of the intended recipient to receive the equipment. In the event that the equipment reaches the Customer before the start date, no rental fee shall be charged until the start date, unless the equipment is used. If the Customer receives the equipment and uses it before the start date, the service contract is de-facto in effect and the rental period shall be deemed to have commenced upon the date of the Customer s first usage of the equipment. The Customer will then be liable for all charges for rental. Article 7) Return of Equipment The Customer shall return the equipment to RoamFree NINJA on or prior to the end date of the ordered rental period. Should the Customer s service be terminated for any reason whatsoever, the service shall be in effect until the equipment is returned or until the end date (whichever is later). Administrative fees may be assessed starting from the date of the termination of service as detailed below should the equipment not be returned in a timely manner. Upon the receipt by RoamFree NINJA of the returned equipment, RoamFree NINJA shall check the router unit to ascertain that the security seal is undamaged and SIM card, charger, and battery are present. A Customer who returns a router with damaged security seal or without the SIM card, charger, and battery will be assessed an administrative fee for replacement. Equipment returned must bear the same serial number that RoamFree NINJA has recorded at the time that it was rented to the Customer, or was issued as a permanent/temporary replacement of the original unit. Upon the return of all of the equipment and accessories, RoamFree NINJA will then ascertain that the equipment is in proper working order. A Customer who returns equipment in damaged

3 or defective condition may be assessed an administrative fee for repair or replacement of the equipment. See article 10. Misuse, Loss or Theft of a rented RoamFree NINJA router. If the Customer returns the equipment within three days after the end date in its entirety and in proper working condition, and the equipment has not been used during such three-day period, no additional fees will be assessed for service or rental. However, if the Customer returns the equipment four days or more after the end date, or if the unreturned equipment had been used within three days after the end date, the Customer will be charged, in addition to any rental fees or liquidated damages, the applicable airtime or service charges for the period between the end date and the date of return of the equipment. Article 8) RoamFree NINJA Rental Charges. Rental charges are set out at the time of rental on the RoamFree NINJA website, Rental returns should be made no later than the expected return day as indicated on the reservation application at the time of booking. Any RoamFree NINJA router which remains unreturned for more than 3 days will be deemed to be unreturned and the Customer s deposit forfeited. Article 9) RoamFree NINJA Router Security Deposit. Upon submitting an online reservation request, the Customer agrees to capture, separate from all applicable rental charges, a deposit for RoamFree NINJA router, as security in the case of loss or theft during the rental period. Failure to return the RoamFree NINJA router and associated accessories, whether as result of loss or theft, will result in the forfeiting of any deposits paid. Return of the rental items in good working order will result in canceling of the authorized deposit on your CreditCard. Article 10) Misuse, Loss or Theft of a Rented RoamFree NINJA Router. At the end of the rental period, the Customer must return the RoamFree NINJA router at any post box, using prepaid envelope. In the case of loss or theft of a RoamFree NINJA router, the Customer agrees to forfeit any deposits already paid. In the event of any damage to the equipment, or should the equipment be defective in any manner, the Customer shall immediately contact RoamFree NINJA to report the damage or defect. The Customer shall then return the equipment to RoamFree NINJA for repair or replacement as determined by RoamFree NINJA in its sole discretion. In the event of equipment loss or theft, the Customer must report the loss or theft to RoamFree NINJA within 24 hours of discovery. The underlying carrier will suspend service to prevent any further usage of that equipment, and the deposit of will be captured. Should the equipment prove to have a manufacturing defect or not function properly during the course of normal usage, a replacement router will be issued without any charge whatsoever to the Customer. Should the unit be damaged due to Customer negligence, RoamFree NINJA may attempt, in its sole discretion, to repair the damage and return the unit to the Customer upon restoring it to satisfactory working condition. In such a case, a replacement router may be provided to the Customer. Administrative charges relating to the extent of the damage and repair will apply. Should the equipment be damaged beyond repair, a replacement router will be provided for the remainder of the rental period. Administrative fees will be assessed and applied. RoamFree Ninja shall not be liable for any costs or damages incurred due to failure of the Customer to immediately report lost, stolen, damaged, or defective equipment. Article 11) Conditions and Method of Payment of RoamFree NINJA Router Fees.

4 The Customer authorizes RoamFree NINJA to process all transactions made on the web site through PayPal or Braintree, and, where required, bill the Customer s credit card for any charge as applicable. For current rates see Article 12) Refunds. The Customer agrees that refunds will not be provided in any case unless the RoamFree NINJA router can be demonstrated to be faulty and inoperable. Coverage of wireless services cannot be guaranteed at every location in Croatia as stated in Article 14. Article 13) Suspension or Termination of Service. The Customer affirms that he or she is aware that third-party telecommunications network providers may at any time and in their sole discretion restrict and/or terminate temporarily, absolutely, or permanently, the use of their cellular networks by persons renting from RoamFree NINJA. This may be a result of capacity limitations of the mobile radio-telephone network, conditions affecting mobile radio-telephone broadcasts, security, military and/or political limitations imposed on the mobile radio-telephone network, and similar or unrelated circumstances. The Customer shall have no demand and/or claim against RoamFree NINJA in the event of such termination or restriction. Article 14) Quality of Use. The Customer declares that the service provided by RoamFree NINJA depends upon the quality and availability of the services of third-party telecommunications network providers. Such quality and availability can be affected by, among other factors, tunnels, lapses in coverage, cut-offs in service, transmission limitations, atmospheric and other conditions, system capacity limitations, system and/or product failure, lack of signal, etc. The Customer hereby acknowledges that in all matters connected with providing a service to the device, RoamFree NINJA is not liable in any way for the quality and availability of the network of the local operator or the lack of or deficiency thereof, and the Customer shall have no claim whatsoever against RoamFree NINJA relating to these issues that may affect the quality of service. Article 15) Prohibitions. The Customer is not permitted to sub-lease or lend the use of the RoamFree NINJA router, even temporarily, to third parties, for whatever purpose or reason. Any usage that does not conform to the above will be resulting with capturing the deposit of Article 16) Responsibilities. The Customer agrees to indemnify and hold RoamFree NINJA harmless for any damage, claim or consequences which arise or could arise from the improper and illicit use of the RoamFree NINJA router which the Customer has rented pursuant to Article 9 of this contract. The rented RoamFree NINJA router must be returned by the Customer in person to RoamFree NINJA s address as indicated in the reservation confirmation , and unless otherwise agreed in advance. Article 17) Competent Court / Jurisdiction. For any controversies that may arise using our services, the Zagreb Regional Court is deemed to be the exclusive competent court of law, and for everything not expressly stipulated in this contract, the pertinent law as enforced in Croatia will apply. Article 18) Credit Card Disputes. The Customer has the right to dispute charges made by RoamFree NINJA but must do so within 10 days of the date of which charges were billed. All billing disputes must be initiated with

5 RoamFree NINJA first and not through the credit card company. Customer shall also be charged all reasonable attorney, chargeback and collection agency fees and costs incurred by RoamFree NINJA. Article 18) Privacy Policy. You may visit our site anonymously. If you place an order, subscribe to our newsletter or fill out a form, we collect that information from you. When ordering or registering on our site, you may be asked to enter your name, address, mailing address, phone number or credit card information. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. The information we collect from you: Helps us better respond to your individual needs with a more personalized experience Improve our website offerings based on your information and feedback Allows us to more effectively respond to your Customer service requests and support needs. Is used to process transactions May be for a contest, promotion, survey or other feature on our website Allows us to communicate with you. The address you provide for order processing, may be used to send you information, updates, and statements pertaining to your order and account, in addition to receiving occasional company news, updates, related product or service information, etc. Note: You may unsubscribe from receiving future s at any time, by following the unsubscribe instructions at the bottom of each . We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information. We employ the use of a secure server. All supplied sensitive/credit information is transmitted according to PCI technology via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. Occasionally, in our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. By using our site, you consent to our websites privacy policy. This policy was last modified on 22nd of July 2015.