This service agreement ("Service Agreement") represents a binding contractual relationship, and governs the relationship, between the customer ("Customer") and GLOBALHELLO PRIVATE LIMITED ("GlobalHello"). Please read this Service Agreement in its entirety.
I. THE AGREEMENT
For purposes of this Service Agreement, "you" means the Customer, defined as either (1) the natural person identified in GlobalHello's account records as having signed the service contract, or in case of a business account the company represented by the natural person who signed the service contract on its behalf; or (2) any other person with actual or apparent authority to represent that person or company or to use the Service(s). "Service" or "Services" means GlobalHello's International SIM/Data card services you are enrolled in, use or pay for that GlobalHello provided to you following a service agreement being signed between you and GlobalHello.
This Service Agreement will only enter into effect once your application has been reviewed and accepted by GlobalHello.
This Service Agreement pertains to your international SIM card and the specific Terms and Conditions for those Services is enumerated hereinafter.
BY APPLYING FOR, USING, OR PAYING FOR GLOBALHELLO'S SERVICES, YOU AGREE TO GLOBALHELLO'S CURRENT RATES WHICH ARE PUBLISHED ON GLOBALHELLO'S WEBSITE ("the Website"), WHICH CAN BE ACCESSED AT WWW.GLOBALHELLO.IN, AND TO THE CHARGES, AND TERMS AND CONDITIONS IN THIS SERVICE AGREEMENT. IF YOU DO NOT AGREE TO THESE RATES, CHARGES, AND TERMS AND CONDITIONS, DO NOT USE THE SERVICES AND NOTIFY GLOBALHELLO IMMEDIATELY AT 1-800-103-6677 TO CANCEL YOUR APPLICATION AT A NOTIFIED CHARGE.
GlobalHello may change the terms of this Agreement at any time. Changes to charges, or terms or conditions in the Agreement will be incorporated by reference into this Agreement. Changes to rates will be published on the Website.
The charges found in this Service Agreement are effective as of October 1st, 2014 and are subject to change. The most current rates can be found on the Website or can be inquired by calling 1-800-103-6677.
The Service allows you to place calls from the International destination where you are travelling to and for which you have procured the SIM card/Global SIM card from us. Calling instructions are adequately explained in the flyer that comes with the SIM/Global SIM card.
The Service may also include calls placed from Customer's registered cellphones through GlobalHello's network using an access number provided by GlobalHello.
A. Computation of Charges
1. Charges depend on the country proposed to be travelled to and the scheme to which the client has subscribed.
2. All calls are billed in one minute billing increments, meaning that you pay for the nearest complete minute of your call at GlobalHello's then current per minute rate for the destination you called. There could be a minimum commitment / call charges if the scheme so specifies. All calls are rounded to the next minute for billing purposes.
2. Timing begins when the called station is answered and two-way communication is possible, as determined by standard industry methods generally in use for ascertaining answer. Recognition of answer supervision is the responsibility of the Underlying Carrier. Timing for each call ends when either party hangs up.
3. You will not be billed for uncompleted calls. Uncompleted calls are calls where you hang-up before the called station is answered, or where you get a busy signal.
4. GlobalHello's current rates and prefix list, which is available on the Website, will be used for determining the destination of each call. For a given call, solely the destination defined in GlobalHello's prefix list will be used to determine the rate to apply to the call, even if this destination does not reflect the current geographical location of the called station.
B. Promotional Offerings
1. GlobalHello may, from time to time, make promotional offerings to enhance the marketing of its Services. These offerings may be limited to certain dates, times and locations.
2. Sign-up bonuses or promotions will be available to new/existing customers. Promotions including on-going benefits will be available to all Customers on request, but only if you are a Customer in good standing at the time such award or promotion is scheduled to be granted.
3. GlobalHello reserves the right to amend or terminate promotions upon appropriate notice to you.
4. If you are eligible to receive free minutes of calling under any promotion(s), you will be informed of the same in writing.
5. If required by the Government of India, GlobalHello will notify the rates, terms, conditions and time intervals applicable to each promotional offering.
C. Paper bill
GlobalHello's low rates require that we provide your monthly bill online or by email. You can then print it out on paper if you need a paper bill.
For a nominal fee, GlobalHello can also mail you a printout of your bill on paper, either every month as part of your service plan, or on special request for a one-time fee.
Monthly paper bill: INR 200 recurring per month
One-time paper bill: INR 200 one-time per request
1. Taxes and surcharges will be applicable in accordance with the prevailing laws of India. These could include Service Tax, VAT and other levies as may be informed to us from time to time.
III. USE OF SERVICE(S)
A. The International SIM card/Global SIM card sold by GlobalHello will be activated only in the country of travel and not in India. Any liability or fraudulent use in India is a criminal act and punishable under law. GlobalHello will not be held responsible for such misuse happening in the territory of India. Since this is an International Travel SIM card, any use in India will also attract huge roaming charges which the client will have to bear for unauthorized usage.
B. GlobalHello's Services may be used for any lawful purpose consistent with the transmission and switching parameters of the telecommunications facilities utilized in the provision of Services, subject to any limitations listed in this Service Agreement. GlobalHello's Services shall not be used for any unlawful purposes.
C. The use of GlobalHello's Services to make calls which might reasonably be expected to frighten, abuse, torment, or harass another or in such a way as to unreasonably interfere with use by others, including the use of obscenity, profanity or lewdness, is prohibited.
D. The use of GlobalHello's Services without payment for Service or attempting to avoid payment for Service by fraudulent means or devices, schemes, false or invalid numbers, or false calling or credit cards is prohibited.
E. GlobalHello's services may be denied for nonpayment of charges or for other violations of this Service Agreement.
1. It may be noted that GlobalHello is entirely dependent on the quality and service provided by their counterparts abroad with whom the Company has a tie-up. In case of any unforeseen circumstances, GlobalHello will not be held liable for any damages, punitive or otherwise on account of the outage in services provided by the respective service provider abroad.
2. GlobalHello undertakes to use reasonable efforts to make available services to a customer on or before a particular date, subject to the provisions of and compliance by the Customer with the regulations contained in this tariff. GlobalHello does not guarantee availability by any such date and shall not be liable for any delays in commencing services to any Customer.
3. The Customer obtains no property right or interest in any specific type of facility, service, connection, equipment, number process, credit card, travel card, debit card or code. All right, title and interests to such items remain, at all times, solely with GlobalHello.
IV. GLOBALHELLO'S LIABILITY
A. GlobalHello reserves the right to discontinue furnishing services or cancel your account, without incurring any liability, immediately and without notice if GlobalHello deems that such action is necessary to prevent or to protect against fraud or to otherwise protect GlobalHello's personnel, agents, facilities, or services. Without limitation, GlobalHello may take such actions if:
1. Your service usage charges exceed established parameters based on your history of usage or on information provided in your application, which may indicate an unlikelihood of payment or possible fraud;
2. You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, or your status withr Central and/or state government agencies;
3. You have been given timely notice (in writing, by phone or via email), in accordance with applicable state or Central law, by GlobalHello of any past due amount (which remains unpaid, in whole or in part) for any of GlobalHello's or an affiliated carrier's service to which you either subscribe or had subscribed or used;
4. You act, or fail to act, in a manner that hinders or frustrates any investigation by GlobalHello or others having legal authority to investigate your legal obligations;
5. You either refuse to pay when billed for service or indicate to GlobalHello or an entity billing on GlobalHello's behalf that you do not intend to pay for service used by you;
6. You use the service to transmit or receive a message, locate a person, or otherwise give or obtain information without payment for the service (i.e., signaling);
7. You use, or attempt to use, service with the intent to avoid the payment, either in whole or in part, of the charges for the service by (i) using or attempting to use service by rearranging, tampering with, or making connections to service in an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or devices;
8. Your telephone equipment fails to pass back to GlobalHello the appropriate signal to start and stop billing for a call; or
9. GlobalHello has made available service to you and you have failed to place the available service into actual and substantial use during the 90-day period immediately following its availability, or, if during any service term, you have not actually and substantially used the available service for any consecutive 90-day period.
B. The discontinuance of service(s) by GlobalHello pursuant to these provisions does not relieve you of any obligation to pay GlobalHello for charges due and owing for service(s) furnished up to the time of discontinuance.
C. No agent or employee of any other carrier or entity, including the Underlying Carrier, shall be deemed to be an agent or employee of GlobalHello.
D. GlobalHello shall not be liable for any claim, loss, expense or damage for any interruption, delay, error, omission, or defect in any Service, facility or transmission provided under this Service Agreement, if caused by the Underlying Carrier, an act of God, fire, floods, earthquakes, hurricanes, or other catastrophes; national emergencies, insurrections, riots, acts of terrorism, wars or other civil commotions; strikes, lockouts, work stoppages or other labor difficulties; criminal actions against GlobalHello; unavailability, failure or malfunction of equipment or facilities provided by the Customer or third parties and any law, order, regulation or other action of any governing authority or agency thereof, or due to any other causes beyond GlobalHello's control.
E. GlobalHello shall not be liable for, and shall be fully indemnified and held harmless by the Customer against any claim, loss, expense, or damage for defamation, libel, slander, invasion, infringement of copyright or patent, unauthorized use of any trademark, trade name or service mark, proprietary or creative right, or any other injury to any person, property or entity arising out of the material, data or information transmitted.
F. GlobalHello shall not be liable for any indirect, special, incidental, or consequential damages under this Service Agreement including, but not limited to, loss of revenue or profits, for any reason whatsoever, including the breakdown of facilities associated with the Service, or for any mistakes, omissions, delays, errors, or defects in transmission occurring during the course of furnishing Service.
G. GlobalHello's liability for damages, resulting in whole or in part from or arising in connection with the furnishing of Service under this Service Agreement (or failing to furnish Service), including but not limited to mistakes, omissions, interruptions, delays, errors, or other defects or misrepresentations shall not exceed an amount equal to the charges provided for under this Service Agreement for the long distance call for the period during which the call was affected. No other liability in any event shall attach to GlobalHello.
H. GlobalHello shall not be liable for any claims for loss or damages involving any unlawful or unauthorized use of GlobalHello's facilities and services.
I. GlobalHello shall not be liable for any claims for loss or damages involving any breach in the privacy or security of communications transmitted over GlobalHello's facilities.
J. GlobalHello shall not be liable for any claims for loss or damages involving any intentional, wrongful act of a GlobalHello employee when such act is not within the scope of the employee's responsibilities for GlobalHello and/or is not authorized by GlobalHello.
K. GlobalHello shall not be liable for any claims for loss or damages involving any representations made by GlobalHello employees, agents or contractors that do not comport, or that are inconsistent, with the provisions of this tariff.
L. GlobalHello shall not be liable for any claims for loss or damages involving any incompletion of calls due to network busy conditions
M. GlobalHello assumes no responsibility for the availability or performance of any cable, satellite, terrestrial or microwave systems or related facilities under the control of other entities, or for other facilities provided by other entities used for service to Customer, even if GlobalHello has acted as the Customer's agent in arranging for such facilities or services. Such facilities are provided subject to such degree of protection or non preemptibility as may be provided by the other entities.
N. Any claim of whatever nature against GlobalHello shall be deemed conclusively to have been waived unless presented in writing to GlobalHello within thirty (30) days after the date of the occurrence that gave rise to the claim.
O. The remedies set forth herein are exclusive and in lieu of all other warranties and remedies, whether express, implied, or statutory, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
V. CUSTOMER RESPONSIBILITY
A. The SIM card issued by GlobalHello is only for use outside the territory of India. You are responsible for placing the orders and complying with the regulations set forth in this Service Agreement. You are also responsible for the payment of charges for Services provided under this Service Agreement.
B. You are responsible for notifying GlobalHello immediately of any unauthorized use of Services, and remain liable for all charges accrued until such notification.
C. You must use the Services offered in this Service Agreement in a manner consistent with the terms of this Service Agreement, and the policies and regulations of the Government of India having jurisdiction over the Service.
D. You are responsible for payment of all charges for Services furnished to you, as well as to all persons using your SIM card/ Data Card/Global SIM card with or without your knowledge or consent.
VI. PAYMENT AND BILLING
A. You will be billed directly by GLOBALHELLO or by a designated billing subcontractor that you hereby allow to collect your due balance in GLOBALHELLO's name.
B. GlobalHello will render bills monthly or at another interval at its own discretion. GlobalHello has the right to issue an earlier bill if your balance exceeds your monthly credit limit. Payment is due upon your receipt of your bill.
C. All bills are presumed accurate, and shall be binding on you unless objection is received by GlobalHello in writing sent with registered mail within thirty (30) days after such bills are rendered. No credits, refunds, or adjustments shall be granted if demand therefore is not received by GlobalHello in writing within such thirty (30) day period.
D. Credit Allowance
1. Credit may be given for disputed calls, on a per call basis, so long as the procedures for disputes listed in Section VII (Billing Disputes) are followed.
2. Credit shall not be issued for unavailability of International long distance Services.
E. Late Charge
A late fee of 1.5% monthly or the amount otherwise authorized by law, whichever is lower, will be charged on any past due balances.
F. Administrative handling fee
An administrative handling fee of INR 1000 may be charged whenever your account requires the manual intervention of a billing manager, for example in case a charge made on your credit card, or a direct debit made on your checking account, is rejected or charged back to GlobalHello.
This fee will also apply if the amount charged back was currently under dispute as outlined in Section VII.
H. Reconnection Charge
A reconnection fee of INR 1000 will be charged when Service is re-established for Customers that have been suspended or disconnected due to non-payment.
J. Collection and Collection Costs
In the event GlobalHello is required to initiate legal proceedings to collect any amounts due to GlobalHello for our Services, or to enforce any judgment obtained against a Customer, or for the enforcement of any other provision of this Service Agreement or applicable law, Customer shall, in addition to all amounts due, be liable to GlobalHello for all reasonable costs incurred by GlobalHello in such proceedings and enforcement actions, including reasonable attorneys' fees, collection agency fees or payments, and court costs.
Customer agrees that GlobalHello may attempt to collect any amounts due using any valid payment method from Customer that GlobalHello may have on file, including credit cards used in the past, or bank account information from checks sent to GlobalHello, which information may be used for electronic presentment to the bank.
K. Validation of Credit
GlobalHello reserves the right to validate your credit worthiness. GlobalHello, in its sole discretion, reserves the right to reject any customer or Applicant's request for service if it believes such Customer or Applicant presents an unacceptable credit risk.
GlobalHello may require a deposit from you.
VII. BILLING DISPUTES
1. First, you may request, and GlobalHello will provide, an in-depth review of the disputed amount. However, the undisputed portion and subsequent bills must be paid on a timely basis or the service may be liable to be disconnected.
2. Second, if there is still a disagreement about the disputed amount after the investigation and review by a manager of GlobalHello, the matter will be referred to a Sole Arbitrator in accordance with the International Laws on Arbitration in New Delhi and the decision of the arbitrator shall be binding on both the parties to the dispute.
VIII. CANCELLATION OF SERVICE
1. You can cancel the contract anytime by surrendering the SIM card/Global SIM card taken by you before you proceed overseas from India in line with your itinerary. Such cancellation may attract a nominal cancellation charge.
1. Without incurring liability, upon proper written notice to you, and notwithstanding Section IV (GlobalHello's Liability), GlobalHello may immediately suspend or discontinue Services to you or may withhold the provision of ordered or contracted Services:
a. For nonpayment of any sum due GlobalHello for more than thirty (30) days after issuance of the bill for the amount due,
b. For violation of any of the provisions of this Service Agreement,
c. For violation of any law, rule, regulation, policy of any governing authority having jurisdiction over GlobalHello's Services, or
d. By reason of any order or decision of a Court, Commission or regulatory body or other governing authority prohibiting GlobalHello from furnishing its Services.
2. Without incurring liability, GlobalHello may interrupt the provision of Services at any time in order to perform tests and inspections to assure compliance with this Service Agreement until any items of noncompliance or improper equipment operation so identified are rectified.
3. GlobalHello may discontinue Service without notice to you, by blocking traffic to certain countries, cities, or by blocking calls using certain authorization codes, when GlobalHello deems it necessary to take such action to prevent unlawful use of its Service or fraud or abuse of facilities or change in rule or regulation by any governmental or quasi-governmental body or agency. GlobalHello will restore Service as soon as it can be provided without undue risk, and will, upon request by you affected or on its own initiative, assign a new number to replace the one that has been deactivated.
IX. MISCELLANEOUS PROVISIONS