TERMS AND CONDITIONS
SIMpatic.net offers plans priced in US Dollars, plus VAT.
Fee includes incoming and outgoing calls in Israel, texts within Israel and unlimited mobile data (limited bandwidth provided at higher speeds).
As an optional service, SIMpatic.net also offers AmericanCanadian phone numbers for the SIM cards at a rate of $9.97(USD) per month, plus VAT.
This service enables USCAN callers to contact you while in Israel on your Israeli phone number without incurring international phone call charges.
SERVICES AND FEATURES INCLUDED IN SERVICE
Unlimited calling (incoming and outgoing) to/from Israeli numbers.
Unlimited calling to the United States and Canada (On the $4 Per Day Plan (landlines and mobile).
Unlimited text messaging within Israel (international Text Messages will be charge $0.99 Per text)
Unlimited mobile data -- when the 4G network (High-speed) data usage exceeds the bandwidth defined in your package option, the network will throttle (slow down) to the 3G network. Please contact us if needed.
CANCELLATION POLICY
If you reserve a sim card then cancel your order, SIMpatic.net reserves the right to charge a $20 (USD) cancellation fee, ($30USD if Sim card has already shipped from our office + Shipping cost), which will be charged to the credit card number we have on file for you.
REFUNDS
1. If it happens that you experience some technical trouble during your trip you must contact our customer care and let us know that you are experiencing a technical difficulty. We cannot issue any refunds if you do not notify us during your stay.
Voice calls, web browsing, text messaging, or the use of other services while not in Israel (such as at airports during layovers), are not covered by phone rental charges. Any fees incurred by the renter as a result of utilizing such services will be assessed to the renter, plus a $20 penalty fee, all charged to the credit card we have on file for the renter.
If you Experience any technical difficulty during your trip, please reach out to our support team. if you do not reach out to our support team, we cannot issue any credits or refunds.
SIMpatic.net is not liable for any packages received late for “Overnight Shipping”, as we do not control the mail couriers.
Calls to the United States/Canada
Only prefix “013” or "014" (as defined in your SIM card pamphlet) network calls may be made.
Calls to “012” and “001 or etc.…” networks utilize a different network and are PROHIBITED FROM USEon Unlimited Israel phones. Any additional costs incurred by the renter resulting from the placement of calls using non-assigned networks will be assessed and charged in full, with the addition of a $10 (USD) fee, to the credit card number we have on file for you.
-SIMpatic.net and the customer undersigned hereby agree to the following terms and conditions.
SCOPE
Simpatic.net is a reseller of mobile telecommunication products, services and accessories. These General Terms & Conditions (herein after referred to as “GTC”) govern the relationship between Simpatic.net (herein after referred to as” Simpatic.net”) and the customer (herein after referred to as “Customer”). The Terms & Conditions apply to all services provided by Simpatic.net to Customer. In any event, the valid and applicable Conditions are deemed to be accepted when the customer purchases and/or uses the products and services offered by Simpatic.net (collectively “the Service” and/or “Services”) subject to the terms set out below. A copy of the Terms & Conditions is also published on the internet at www.simaptic.net (herein after referred to as” the Website”) Simpatic.net reserves the right to change the GTC and other contractual provisions at any time. If you do not wish to be bound by these terms and conditions then you may not use the Services
PREPAID GLOBAL ROAMING PHONES AND PREPAID GLOBAL SIM CARDS
2.1 Following receipt by Simpatic.net of the appropriate payment from Customer, Customer shall be entitled to use the services provided by Simpatic.net.
2.2 Customer agrees to be bound by the Terms & Conditions which shall apply to the Customer’s purchase and use of the Services. Customer acknowledges that he is aware that the GTC shall apply to all uses of Simpatic.net’s products and Services.
2.3 The GTC commence at the time of purchase and are in force and continue during the use of the Service.
OBLIGATIONS OF THE CUSTOMER
3.1 The Customer shall use the services and products lawfully and in compliance with the GTC and other contractual documents duly integrated to the contract. The Customer is responsible for all use of the Services by the Customer or any 3rd party (with or without permission of the Customer) and is wholly responsible to pay for the use of all Services and for all Charges associated with the Services.
3.2 The Customer shall be responsible for ensuring that the Services are compatible with the Customer’s equipment and any hardware. Simpatic.net shall have no liability or responsibility for the use of the Services or compatibility of the Services with any equipment, handset or technology that has not been supplied or authorized by Simpatic.net. The Customer shall be responsible for all use of the Services including but not limited to devices, its proper configuration and installation, compliance with any regulations and applicable instructions issued either by Simpatic.net and/or the equipment manufacturer. The preparation activities for installation of the Service, including but not limited to preparing and inserting interface cards, setting adequate protocols, as well as all relevant activities in support of the implementation of the Service shall remain under the sole responsibility of the Customer. Simpatic.net does not provide any protection or guarantee and against any damage caused by any third party during installation or use of its service after it is purchased by the customer.
3.3 The Customer must comply with all reasonable security procedures and standards with respect to the Service. Simpatic.net may communicate security issues to the Customer from time to time when abuse or misuse is observed or reported by others along with any and all general information related to the provision by Simpatic.net of the Service by any means, including via the Website.
3.4 The Customer must:
a) not use the Services for any improper, immoral, fraudulent or unlawful purposes nor may the Customer use the Services to send any communication which is of an abusive, offensive, obscene or of a menacing nature;
b) Not act in any way, which may affect the operation of any network used or operated by net;
c) Not send or upload anything that infringes 3rd party intellectual property rights (unless you have permission).
3.5 You must inform Simpatic.net immediately if customer’s Simpatic.net product (“product”) is lost or stolen. Simpatic.net will take all reasonable action to cancel any stolen or lost product within 72 hours of notification and subject to verification of account it may be subject to payment of an administration charge, Simpatic.net will apply any outstanding balances to a replacement SIM card which has been purchased by the Customer as a replacement. Simpatic.net is not responsible for any service fees, call costs or other cost incurred due to a lost or stolen product.
3.6 If customer purchases a SIM card from Simpatic.net it is Customer’s responsibility to ensure that your mobile telephone handset is compatible with the Services that you purchase from us. This includes ensuring that your handset is ‘unlocked’ and is compatible with the network in the country where you wish to use it. SIM CARDS ARE NOT RETURNABLE UNLESS FOUND TO BE FAULTY. Prepaid airtime on SIM cards is not refundable.
3.7 If customer rents a device from Simpatic.net they are responsible for that equipment from time of receipt to the time it is received by Simpatic.net. Customer is responsible for any, loss or damage to the equipment as well as missing parts such as cables, plugs and accessories. Customer acknowledges and agrees that Simpatic.net may levy the appropriate charge for the aforementioned and accordingly charge the appropriate amount to the customer’s card on file.
EQUIPMENT
4.1 All equipment, prices and quantity are subject to availability and may be changed without notice or obligation. Prices do not include shipping and handling and applicable duties and taxes. Shipping and handling charges are additional and may vary. Orders are not considered valid until approved and authorized by Simpatic.net. All prices are quoted in U.S. dollars. While Simpatic.net uses reasonable efforts to include accurate and up-to-date information on the Site, Simpatic.net makes no warranties or representations as to its accuracy. Simpatic.net assumes no liability or responsibility for any errors or omissions in the content on the Site.
OBLIGATIONS OF SIMPATIC.NET
5.1 Simpatic.net shall provide the customer with specific telecommunications products and services as indicated on its website. Service is provided in the countries published on the “Rates and Coverage” pages of the website indicated for the specific service. Customer should not assume that service is available in a specific country for any particular program unless indicated for that product or service.
5.2 Simpatic.net shall use reasonable efforts to operate and maintain the Service, contingent upon Simpatic.net’s and/or Simpatic.net’s service provider’s ability to maintain necessary licenses or permissions, or Simpatic.net’s and or Simpatic.net service provider’s network capacity and connection availability. The network operator in the country of use will be responsible for network coverage and network availability. Simpatic.net gives no warranties or guarantees as to network coverage or availability of any network or suitable coverage. Simpatic.net will not provide a refund for any failure to make calls due to problems with network coverage.
Simpatic.net reserves the absolute right to refuse a sale or void an order placed if they feel that the decision is in the best interest of the company.
USE AND CONFORMITY WITH LAWS AND REGULATIONS
6.1 The Customer is solely responsible for all content, information and communications transmitted using the Services and shall indemnify Simpatic.net for any loss or liability that Simpatic.net may incur as a result of any content or material which is transmitted using the Services.
6.2 When travelling outside of their country the customer may be subject to different laws and regulations that apply for the services. Simpatic.net is not liable for customer failure to comply with those laws or regulations.
6.3 Customer shall not use the Service or permit any use of the Service which is illegal, unlawful, or harassing, which infringes upon the intellectual property rights of third parties, or which otherwise constitutes network abuse, and the Customer shall be responsible for any such misuse of the Service. The Customer shall indemnify Simpatic.net against all any liabilities, claims, actions, liabilities, loss, damage, costs and expenses suffered or incurred by Simpatic.net as a result of any breach of the Customer’s obligations or warranties in this Agreement.
6.4 Customer warrants that it shall comply with any laws, regulations or conventions which may be applicable to the use of the Service and with any public policy related laws, which may be applicable to the use of the Service by third parties (such as privacy laws and laws relating to defamation, libel and decency with respect to the content of the communications transmitted using the Service).
6.5 The Customer acknowledges that a breach of the obligations and/or warranties contained in this Agreement could lead to a claim or liability or disruption in the provision of the Service by Simpatic.net. In the event of such breach, Simpatic.net shall be entitled to suspend the performance of the Services to the Customer and its obligations under this Agreement, until the breach has been remedied and in addition shall be entitled to exercise its rights of termination under this Agreement.
PHONE NUMBERS FOR ALL PROGRAMS
7.1 Any and all rights attached to the telephone number or URL address attached to the Service provided to you by Simpatic.net remain vested in Simpatic.net. All phone numbers allocated to your service(s) are to be considered temporary. Accordingly, Simpatic.net may change, withdraw or otherwise alter such telephone number or any other address-element at its discretion, without damages payable to Customer, should any technical, commercial reason as well as any applicable regulations so require.
7.2 The SIM Card, all technology and intellectual property as part of the SIM Card remains the property of or is licensed to Simpatic.net, which grants to you a non-exclusive license to use the Services and preserves Simpatic.net’s rights to alter and develop its content as well as claiming its return. Your temporary number may not be ported for any reason.
PRICES, CHARGES AND PAYMENTS
8.1 Customer agrees to pay all applicable charges for the Services in accordance with the applicable Price List in force at the time of using the services and available on Simpatic.net website. In particular, Customer agrees with such charges being directly deducted from its credit card account.
8.2 Simpatic.net only offers a prepaid service and all charges for the use of service will be deducted from the customer’s credit card.
8.3 The applicable rates that apply for use of the Services shall be the ones duly published on the Website at the time of using the SIM Card.
8.4 Simpatic.net reserves its rights to increase and/or make any other change to the applicable charges at any time. Simpatic.net shall give notice by publishing any increased rates or charges on its Website.
8.5 The prices shall be quoted in US dollars and may be subject to applicable sales taxes, duties or levies imposed by any authority, government or governmental agency.
8.6 The Services are subject to the additional charges as detailed below:
8.6 The charges published on Simpatic.net website shall be deemed to be correct and Simpatic.net at its sole discretion reserves the right to change the rates without any form of notification to customer
8.7 Simpatic.net considers its charges and pricing to be generally competitive compared to certain other similar services and products. Simpatic.net makes no warranty or guarantee whatsoever that it provides its services at the lowest prices available in the market.
8.8 SHIPPING &HANDLING, IMPORT DUTIES, TAXES – Rates for shipping quoted on Simpatic.net website are based on shipping within the USA (and Canada where indicted) . Simpatic.net utilizes third party companies such as FedEx, UPS and US Mail service to deliver its physical products. Simpatic.net is not responsible for any late deliveries including but not limited to delays caused by errors and omissions by the carriers, delays in customs clearance, bad weather, power outages, acts of god or terrorism. Simpatic.net is also not in any way responsible for any duties or taxes levied by customs of the country that customer requested product to be shipped to. Shipping quotations may be requested for Special for orders for multiple devices and international shipments. . Shipping and handling charges are non-refundable. Shipping and Handling Rates are subject to change without prior notice.
REFUND AND WARRANTY POLICY
9.1 Warranty. When purchasing products from Simpatic.net, the product(s) are warranted from defects in material and workmanship. Should these items fail under normal use during this time period, Simpatic.net will, at its sole discretion, repair or replace the defective item with a like or similar product. If the unit cannot be repaired and a replacement unit is not readily available, Simpatic.net, at its sole discretion may refund the purchase at the current market price in accordance with its refund policy referred to below. Refunds or credits are not offered when the devices may be repaired or a replacement unit is available. This warranty does not cover accident, misuse, abuse, negligence or modification of, any part of the product, including the antenna.
Except for the foregoing the expressed warranty Simpatic.net disclaims all warranties expressed or implied including without limitation warranties of merchantability and fitness for a particular purpose
9.2 AIRTIME EXPIRATION – All prepaid airtime funds purchased for Simpatic.net global SIM cards will expire _____ ( ______ ) months from the first day the funds are placed onto the account. Simpatic.net Service operates on a pre-pay basis and in all cases you will be prompted to pay these rates in advance. Simpatic.net has no obligation to refund any payments made in advance as set out in these terms. Any subsequent funds added to that account will be valid for a full ___ ( ________ ) months from the date they were added to the account. Expired airtime funds are non-refundable. For the avoidance of doubt “airtime funds” means the amount of money placed on a Simpatic.net customer account for voice, text and/or data services. Any unused airtime on rental phones or sim cards will be expired at the end of the rental period. Expired and/or unused airtime funds are non-refundable.
9.3 DATA EXPIRATION – All prepaid data bundles purchased for Pocket Wi-Fi or sim cards will expire 30 days from the time of purchase. Any subsequent funds added to that account during the initial 30 days will be valid for 30 days from time the new bundle was added to the account. For the avoidance of doubt “prepaid airtime funds” or “prepaid data bundles” means the amount of money placed on a Simpatic.net customer account for voice, text or data services. Any unused data bundles on phones, sim cards or pocket Wi-Fi will expire 30 days from time of purchase or in the case of rentals at the end of the rental period. Expired airtime funds are non-refundable.
9.4 Complimentary Airtime. Where Simpatic.net provides customer with free calls or other special offer services no cash alternative will be given.
RETURNS POLICY
10.1 Where customer has purchased Services via our the website, you may cancel the purchase of our Services and return any SIM card and any associated products un-used and unopened within 7 days of receipt of the goods by you. Any return of these goods shall be at customers cost. If customer wishes to cancel the service they may contact Simpatic.net at info@simpatic.net. Cancellations may be subject to cancelation and processing fees.
10.2 Simpatic.net will not accept returned products if they have been used in any way or if the packaging has been tampered with.
10.3 When Simpatic.net receives the returned products Simpatic.net will access and based on assessment, refund to customer the cost of the products which will be refunded within thirty (30) days. There is NO refund for rentals once they have been shipped and left the Simpatic.net Warehouse. The customer is required to inform Simpatic.net prior to shipping of a cancellation for a refund. A $25 restocking fee per device will apply in addition to credit card process fees for BOTH the original charge and the refund.
10.4 Customer is responsible for arranging to return the products to Simpatic.net at customers own cost. While in customer’s possession, customer must keep the products in good condition. The products must be returned to Simpatic.net in their original packaging. If customer does not return the products to us, Simpatic.net reserves the right to charge customer for the cost of recovering the products.
10.5 In any event that any products that are returned for refund and where at Simpatic.net’s sole discretion agrees to issue a refund, a deduction of a $25 restocking fee per item will be calculated into any amount that Wireless Traveler has allowed to be refunded.
TERMS OF PAYMENT
11.1 Simpatic.net provides Services solely on a prepayment basis. Should any payment remain outstanding, Customer shall remit such amount within seven (7) days from Simpatic.net’s request. In case of lack of payment without the above period of time, Simpatic.net may immediately suspend the Service pending remittance by the Customer of such due payment. Failure to make any payment may result in termination of the Services to the Customer.
11.2 Payment shall be considered as effected when Simpatic.net receives authorization from its credit card processing provider or receives the applicable cleared funds for the full amount due in its bank account.
SUSPENSION OF SERVICE AND TERMINATION OF AGREEMENT
12.1 Simpatic.net may, whether or not terminating this agreement, immediately suspend all or part of the Services it provides until further notice if:
(i) It is obliged to comply with an order, instruction or request of Government, or emergency services organization, or other competent administrative authority; or
(ii) It needs to carry out work related to exceptional upgrading or maintenance of its facilities where those facilities must cease operation at or about the time; or
(iii) The Customer fails to comply with payment obligations including non payment for services which includes but is not limited to customer’s credit card authorization being declined.
(iv) in order to prevent damage or degradation of Simpatic.net’s contracting party’s network integrity which may be caused by the Customer or anyone using the Customer’s access; or
(v) for a violation of Simpatic.net’s acceptable use policy or for other behavior that in Simpatic.net’s reasonable discretion may be deemed to be illegal; or (vi) in order to protect Simpatic.net, at its sole discretion, from legal liability which relates to a breach of obligation and/or warranties by the Customer.
(vi) At Simpatic.net’s sole discretion including but not limited to Simpatic.net deems that the relationship with the customer is untenable or could be potentially detrimental to Simpatic.net reputation.
WARRANTY AND LIMITATION OF LIABILITY
13.1 The Service is provided on an “as is” and “as available” basis and there is no warranty that the Services are or will be free of faults. In the event of a fault, Simpatic.net, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by the Customer, shall use its reasonable efforts to promptly correct the fault in accordance with standard engineering practices recognized in the industry.
13.2 Simpatic.net makes no express or implied warranties, representations or endorsements regarding any merchandise, information, products or services provided. An entire fault free service cannot be guaranteed, and that within national and international telecommunications networks faults and errors cannot be excluded.
13.3 Simpatic.net shall not be liable to the Customers and/or its customers for any direct or indirect loss or damage, loss of opportunity or business or indirect losses whatsoever or howsoever arising (including economic losses or any loss of profit) arising out of or in connection with the performance of its obligations under this Agreement. Without prejudice to the generality of the foregoing, it is acknowledged that the aforesaid exclusion of liability shall extend to any personal injury or death caused on account of the negligence of Simpatic.net.
13.4 For the avoidance of doubt, under no circumstances shall Simpatic.net be liable for any direct, indirect or consequential damages, including but not limited to damages that result from the Customer’s use of or inability to use any part of the Services or the Customers’ reliance on or use of information, services merchandise provided on or through the Service or damages that result from mistakes, omissions, interruptions, loss, theft, or deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
FORCE MAJEURE
14.1 Neither party can be held liable for whatever damage incurred by the other party in case the party concerned should not comply with its commitments in connection with the present agreement due to a situation of force majeure.
14.2 Are regarded as force majeure, unexpected circumstances in relation with persons and/or material used or normally used by Simpatic.net concerned to carry out the present agreement, and which are of such a nature that execution of the present agreement becomes impossible, or burdened and/or disproportionately expensive that punctual compliance with the present agreement cannot reasonably be expected from Simpatic.net. Are also regarded as force majeure any events beyond Simpatic.net’s reasonable control. Simpatic.net will not be responsible for loss or damage suffered by Customer as a result of Simpatic.net’s failure to perform its obligations under this Agreement due to force majeure.
14.3 Will be regarded as force majeure, without this list being limited, strikes, company blockades, epidemics, natural disaster and legal or administrative restrictions.
14.4 Should the Force Majeure event exceed a 3 (three) month period the Agreement may be terminated with immediate effect.
INTELLECTUAL PROPERTY
15.1 Simpatic.net will grant the Customer a personal and non-exclusive license to use any of the software and documentation regarding the service supplied by Simpatic.net during the present agreement. Simpatic.net and its licensors, if any, will always possess the rights, property rights and interests in and in relation with the supplied software and documentation, including any intellectual property rights related thereto.
DATA PROTECTION AND CONFIDENTIALITY
Simpatic.net undertakes to process customer data with care and to comply with the provisions of the prevailing regulations. Simpatic.net only collects, stores and processes the data required for the provision, design and development of the service, for handling and maintaining customer relations, operational reliability and infrastructure, and for invoicing purposes. If Simpatic.net provides services jointly with a third party, in particular calls to networks of other service providers, or if the customer receives services from third parties via the Simpatic.net network, Simpatic.net may exchange the customer’s data with such party insofar as such information is necessary for the provision or execution of these services.
GOVERNING LAW & LANGUAGE
17.1 This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Israel/ Ontario.
17.2 The Agreement has been executed in the English language, which language shall be controlling in all respects. No translation, if any, of the Agreement into any other language shall be of any force or effect in the interpretation of the Agreement or in the determination of the intent of either of the Parties.