Untitled Document

CELLULAR SERVICE AGREEMENT TERMS AND CONDITIONS


This agreement for wireless service between you (The “Customer”) and PicCell Wireless, 1420 NW Gilman Blvd #2656 Issaquah, WA 98027, (206) 780-0478, sets your and our legal rights concerning payments, credits, changes, starting and ending service, and early termination fees, etc. The wireless package(s) you have chosen, including, the package rates, details and all other applicable information are in separate documents, but are a part of this agreement.
Please read this agreement, your package rates, details, and all other applicable documents, terms and conditions set forth. If you disagree with the terms and conditions, you should not accept this agreement. This agreement starts by clicking “I Agree” on the “e-signature” web page or by signing the “Registration” or “Cell phone receipt form”.

PicCell, LLC. and the Customer agree as follows:
The "Customer" refers to the person who is named as the contract holder. "PicCell" refers to PicCell, LLC., a Washington Limited Liability Company, authorized to do business in this state. The Customer agrees that all charges shall be debited to the given credit card automatically. The Customer warrants that he or she has authority to make charges on such credit card. Terms and conditions of this agreement may not be waived or modified except by a written document signed by an authorized PicCell representative. This agreement constitutes the complete and only agreement between the Customer and PicCell.

Service Agreement
The Customer agrees to rent a GSM Global SIM card and/or wireless device and accessories from PicCell Wireless. The scope of this contract authorizes the Customer and primary user (if any) to use the SIM card globally on all GSM networks (excluding networks in the United States of America) independently of home service area of the SIM. All payments of relative subscription costs, roaming fees, shipping and handling costs, and phone calls made by the Customer with his/her cellular phone and SIM card shall be managed by PicCell. There is no relationship between the Customer and the relative SIM company. The agreement and all relative charges, daily fees and traffic begin the day the rental items are shipped and ends after all outstanding charges have been paid in full. The service starts the day the rental item(s) is shipped and is deactivated the day the rental items are received by PicCell. All Customer information required by PicCell in the registration form or during the online ordering process must be accurate and complete. Any information deemed inaccurate or incomplete by PicCell may result in the termination of this agreement by PicCell including the termination of the wireless service and the application of all termination fees. PicCell has the right to refuse service to anyone or cancel any existing Customer orders. These terms and conditions may change periodically. PicCell will post the most current version of these terms and conditions at http://www.piccellwireless.com/piccell/en/Piccell_TandC.pdf or other appropriate location. The Customer is recommended to check the current terms and conditions regularly to stay current on any changes.

Wireless Rental Return, Contract Termination and Service Deactivation
The Customer shall return the rental item(s), and assigned accessories (case, battery, adapter, camera, and/or charger), and/or SIM card. The Customer selects the restitution date at the time of the order of the rental items. In the event the Customer fails to return all material within 30 days after the indicated restitution date, PicCell has the right to obtain a reimbursement equal to the cost of “replacement” determined by PicCell Wireless and listed under 'Damage', for damaged items, 'Replacement Costs', for lost or stolen items. If the Customer returns the rental items early (more than 30 days prior to the restitution date, or less than 30 days after the contract begins if the contract is for more than 30 days), PicCell has the right to charge the Customer $50.00 plus any additional outstanding charges made to the SIM. If the Customer returns the rental items late (more than 10 days after the restitution date), the Customer will pay $2 per day plus any additional outstanding charges made to the SIM. If the Customer has still not returned the rental items 30 days after the indicated restitution date, PicCell has the right to terminate the contract and deactivate the service, and charge the customer for the non- return rental item(s). If the customer returns the rental items damaged in any way that is not covered under the “Proper Use Damage”, PicCell has the right to charge the client for the replacement cost of the damaged items. The rental items must be shipped or returned personally by the Customer to PicCell’s above mentioned address during their office hours. Customer is responsible for the rental items until they are received by PicCell. Any fraudulent traffic made by the SIM is the Customer’s responsibility until the SIM is received by PicCell. The Customer is responsible for any customs charges related to the shipment of the rental items until they are received by PicCell. If no charges are made to the SIM for any period of 30 days or more, PicCell has the right to terminate the contract and/or charge the customer a $50.00 penalty for non-usage, in addition to replacement charges if the items are not returned within 10 days of termination. PicCell has the right to restrict or end the Customer’s service or this agreement without notice if the Customer: (a) has overdue charges for more than 30 days; (b) makes a false statement to PicCell; (c) interferes with customer service or other business operations; (d) becomes insolvent or goes bankrupt; (e) breaches any part of this agreement; (f) the Customer’s credit card information cannot be verified; (g) the service is believed to be misused, resold, or used by anyone for unlawful activity; (h) the wireless phone or SIM card or other rental items are believed to have been stolen or tampered with; or (i) the use of the service adversely affects the service of other customers.

Data/Messaging Plans
Data plans are designed for use with only Smartphones, basic phones, or tablets. Tethering is prohibited. Laptop connection cards, and stand-alone Mobile Hotspot devices can be used only if the data plan explicitly permits these applications and is used with a device issued by Piccell. Data plans are not intended for VOIP use. PicCell reserves the right to terminate Customer’s data plan with or without cause, or limitation, for reasons including, but not limited to excessive data use, protracted video streaming, multiple user connections, downloading large files, or when the user has exceeded fair usage limit determined by the provider or Piccell. If the customer is not enrolled in a monthly, recurring plan for messaging or data, or the plan is not active, Customer may have access to messaging and data services and be charged on a pay-per-use basis for data use. Data plans are intended for National use within the home service area only, unless otherwise specified. Roaming data use is billed at data pay-per-use rates unless Customer has an international data plan/package.

Wireless Phone Security
A wireless phone number will be assigned to the Customer. Only one wireless phone or device may use it. The Customer does not have any property right of the wireless phone number or any PIN. Wireless numbers may be changed or reassigned. PIN numbers may not be changed or eliminated by the Customer. The wireless phone number may show up on the receiving phone’s caller identification unless it is blocked. The Customer’s caller identification number may be transmitted to customer service, public safety officials or certain other numbers without notice. PicCell does not guarantee security on the Customer’s device. If the Customer uses the device to access sensitive or company email or information, it is the Customer’s responsibility to ensure the use complies with the Customer’s or the Customer’s company's internal IT and security procedures.

Terms Applicable to the SIM card and Wireless Phone
It is absolutely forbidden to remove or substitute, even temporarily, the assigned SIM card, or to use the cellular phone, even temporarily, with another non-Piccell SIM card. The Customer is not permitted to rent or lend the cellular phone, even temporarily, to a third party for any reason. During the service agreement, Customer is responsible for all traffic made to the SIM even if made by a third party. In the case the SIM card is blocked in any way, the Customer will be charged a $50.00 fee. The phone is insured for “Proper Use Damage” as explained in the "Insurance" section relevant to the selected service package. If the Customer’s device requires a MicroSIM (Mini UICC), Piccell will supply the equipment upon notification from the Customer, if/when stock is available. Damage to a standard SIM card (ID-000), including attempts to modify a standard into a MicroSIM will result in a $25.00 damage fee.

Wireless Phone/SIM Card Loss or Theft
The loss or theft of the wireless phone, SIM card, or other rental items must be immediately reported through one of the following options: Immediate reporting and call blocking should be done online at www.PicCellWireless.com through the “My PicCell” section. This must be done to disable the phone/SIM and to avoid further call charges. Blocking the wireless phone/SIM card will require a non-refundable $50 fee. The wireless phone/SIM may also be blocked or reactivated by the Customer, primary user, or credit card holder during regular business hours by speaking to a customer care representative. In case of loss or theft, the Customer must go to the police station to file a report, a copy of which will be released to the Customer and must be presented to PicCell. Only with the presentation of a copy of this police report to PicCell will the Customer have the right to the immediate substitution of the rental items. Substitution with the current wireless number may take up to 30 days depending on the procedures of the individual SIM card service provider. Deactivation and reactivation of the SIM cards are requested by PicCell, but the actual deactivation and reactivation times cannot be guaranteed as they are not controlled by PicCell. The Customer will be charged for the price of the missing items according to the official PicCell price list. The Customer will also be responsible for the payment of all eventual phone traffic by third parties which occurred due to the theft or loss of the rental items. Please note that a voice message or an e-mail is not a valid means of blocking the phone/SIM, as it might not be taken care of immediately.

Billing and Payment or Refund of Charges
Billing is usually done monthly and each bill shall be debited from the credit card provided. Debit cards are not an acceptable form of payment. PicCell disclaims any and all liability for any damages incurred by the Customer as a result of using a debit card, including, but not limited to, NSF charges. Traffic charges are typically billed the month after the traffic is made. The Customer is responsible for all calls, traffic, and charges billed to the wireless phone number assigned, whether or not the Customer was the user of the wireless phone or intended to make the call or connection. PicCell reserves the right to bill at its discretion. The Customer may be charged before the start or after the end of the agreement for any phone traffic or charges during the agreement duration. For postpaid service, the complete detailed list of telephone calls will be available 48 hours before the billing. Due to the collaboration with certain SIM providers, PicCell is unable to guarantee that these will be available at any other time. National rates are provided for most call types for calls within the “Home Service Area” or local country of the SIM. These national rates are subject to change with 15 days advance notice by PicCell. PicCell Wireless calls for all service countries/destinations will be rounded up to the minute. Data sessions are rounded up to a minimum of the nearest 10KB, or as defined in the "Rates and Info" of the particular service. Roaming rates for calls outside of the “Home Service Area” are not guaranteed and are subject to change at anytime without notice. Charges may be made to the customer’s account and debited to the given credit card at any time. Telephone traffic is calculated in Euros, British Pounds, or other local currency (depending on the official currency used in the home service area of the SIM card provided) and billed in US Dollars. PicCell has the right to select the exchange rate at its discretion. PicCell currently calculates the exchange rate at the wholesale rate plus an additional percentage determined by PicCell. If for any reason the credit card cannot be charged within 10 days of receipt and/or notification of the bill, the Customer will be subject to a fee of a 1.5% per month on the total outstanding balance. In no event will any late payment fee exceed the highest lawful rate. In addition, PicCell retains the right to suspend the SIM card of delinquent accounts, with a $50 non refundable SIM blocking fee, close the contract, deactivate the service and charge early termination fees and replacement costs. PicCell may use a collection agency and the Customer agrees to pay collection agency fees PicCell incurs to collect payment. If PicCell accepts late or partial payments, PicCell does not waive the right to collect all amounts that the Customer owes, including late fees.  PicCell retains the right to suspend a US Virtual Number due to an outstanding balance with a $15 non-refundable suspension fee. The Customer is responsible for paying all charges for or resulting from services provided under this Agreement. The Customer will receive bills that are due in full as shown thereon. The Customer must, within 100 days of the date of the bill, notify PicCell in writing at 1420 NW Gilman Blvd #2656, Issaquah, WA 98027 (PicCell’s address) of any dispute with respect to the bill, including any charges on the bill and any service PicCell provided for which the Customer was billed, or the Customer will have waived their right to dispute the bill or such services and to bring, or participate in any legal action raising any such dispute. Charges include, without limitation, airtime, roaming, recurring monthly service, activation, administrative, and late payment charges; regulatory cost recovery and other surcharges; optional feature charges; toll, collect call and directory assistance charges; restoral and reactivation charges; and any other charges or calls billed to the Customer’s phone number; whether assessed directly upon the Customer or upon PicCell. All initial disputes must be done through PicCell, and not the credit card company or bank. The Customer must pay all charges on time until the dispute is resolved. All returned checks will require a $35.00 returned check fee. If the Customer and the credit card holder is more than one person, under this agreement, each person is equally liable for all the charges. The Customer shall also be charged all reasonable attorney, chargeback, and collection agency fees and costs incurred by PicCell.  Refunds are made to the credit card on file or as a credit to the Customer’s PicCell account.  There is a 10% re-stocking fee, per item, with a $5.00 minimum, for rental equipment refunds, based on the uninsured value listed in PicCell Wireless ‘Replacement Costs’. There are no refunds for SIM cards. Late payment, non-payment or collection agency fees are liquidated damages intended to be a reasonable advance estimate of costs resulting from late payments and non-payments by the Customer; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set.  

Cumulative Charges
The Customer is responsible for all wireless phone usage. The types of calls are not limited to the calls listed on the package rates. For any single call there may be charges for any or all of the following: (a) airtime; (b) connection fees; (c) roaming; and (d) enhanced or special services (such as operator or directory assistance, GPRS, calling card use, call forwarding, voicemail diverts, road assistance, downloads, ringtones, internet, enhanced SMS/MMS, etc.). Service calls and other wireless features or non-rate plan traffic do not have rates specified in this agreement and routinely include a markup by PicCell of the fees charged to PicCell by the serving carrier. When roaming, another company may set some or all of these charges. PicCell does not and cannot guarantee calling cards will be billed by the rates they state nor can PicCell validate any particular calling card. PicCell does not promote and will not be responsible for any losses incurred by the use of calling cards. PicCell does not guarantee that toll-free numbers will be billed at toll-free rates. Most toll-free numbers require a fixed or per minute charge.

Service Interruption and Dropped Calls
Wireless service may be temporarily interrupted, delayed or limited for a variety of reasons, including, but not limited to, the availability of radio frequency channels, system capacity limitations, coordination with other services or systems, transmission limitations caused by atmospheric and other conditions, equipment modification and repairs, or problems associated with the facilities of interconnecting carriers. There are also gaps in service within the home country service area of the SIM card. PicCell does not guarantee the Customer uninterrupted service. Due to these external conditions, the Customer will not be reimbursed for dropped calls or interrupted service. If the cause of the dropped calls or interrupted service is the actual wireless phone, the Customer must contact PicCell wireless for a replacement. No refund will be issued for traffic made or for calls that failed to be made due to a broken or faulty wireless phone or SIM card. This includes dropped calls, trial calls or recalling due to inadequate call quality.

Out-of-Network Roaming
Roaming charges occur when using the wireless service outside of the home service area (country) of the SIM card and only appear after PicCell is notified by the service provider that operates in the area in which the roaming occurs. The display on the Customer’s device will not indicate whether the Customer will incur roaming charges. Different service rates apply and conditions of service may vary when roaming. Base roaming charges are determined by the serving carrier and may change at any time without notice. Roaming charges may be charged in any month and actual charges billed may not be the same as are imposed by the serving carrier. The charges billed by PicCell to Customer routinely include a markup by PicCell of the fees charged to PicCell by the serving carrier. The Eurotariff regulations for roaming charges do not apply to service packages provided by PicCell. Additional roaming costs may be applied as determined by the provider and its local agreement where the Customer is roaming, including and not limited to costs for incoming calls, receiving SMS messages or receiving voicemail messages. In addition to any limitations of liability stated hereunder, the Customer is subject to the limitation of provisions imposed by the roaming carrier on the roaming carrier’s own subscribers. The Customer agrees to accept service on a roaming carrier’s network on an “As-Is”, “Where-Is” basis, without warranty of any kind.

Health Risks
The Customer understands that cellular telephones and other wireless services may be a health danger, and the Customer accepts this risk.

Customer’s Confidential Information
The Customer authorizes PicCell to give the Customer's or primary user’s phone number, name, e-mail and address to his or her school, embassy, or other party under any of the following circumstances: (a) PicCell has the Customer’s consent to share the information; (b) PicCell needs to provide the information to the Customer’s or primary user’s school or consulate; (c) PicCell is legally required to provide information in response to court orders, subpoenas or legal process; (d) PicCell finds that the Customer’s actions violate the usage guidelines outlined in this Agreement or the User Agreement; (e’) PicCell feels that an emergency situation has arisen which requires PicCell to release personal information before consent (such as a verified family emergency). PicCell will never sell any person information for financial gain.

Choice of law
Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. All other claims, including and without limitation, claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of the Customer’s state of residence. The enforceability of the following arbitration and class action waiver provisions shall also be determined by the law of your state of residence.

Choice of venue/Arbitration/Class action waiver
To the extent allowed by the laws of the Customer’s state of residence, this Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to the Customer in the event of a dispute. Further, unless both the Customer and PicCell agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The Customer and PicCell agree that each may bring claims against the other only in the Customer’s or PicCell’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards, between the parties hereto, their assignees, their affiliates, their attorneys, or agents, shall be arbitrated solely in King County, Washington. In the event that the foregoing arbitration or class action waiver provision are held invalid for any reason, they shall be invalid in their entirety. To the extent the foregoing arbitration and class action provisions are invalid or do not apply, the Customer hereby irrevocably consent to the jurisdiction and venue of federal and state courts of King County, Washington.

Attorney Fees
The prevailing party in any suit arising out of or related to the performance or enforcement of this Agreement, or the services provided pursuant to this Agreement, shall recover its expenses, including reasonable costs and attorney fees.

Communications
Both parties have listed their respective addresses as they appear in this contract for any communication concerning the contract. The parties may also use fax or email.