Roam Talk - Terms and Conditions

Terms & Conditions

1. Scope

Everything Wireless, located in 1310 Westwood Blvd, Los Angeles, CA 90024, is a high-quality national and international service reseller in the mobile telecommunications sector. These General Terms and Conditions (hereafter: Conditions) govern the relationship between Everything Wireless and the customer. They apply to all services provided by Everything Wireless. In any event, the valid and applicable Conditions are deemed to be accepted when the customer uses the service offered by Everything Wireless.

The binding version of the Conditions, along with any applicable Special Conditions, is published on the internet at www.roamtalk.com. Everything Wireless reserves the right to change the Conditions and other contractual provisions at any time.

2. Network Service and Phone Equipment

Network Service

Everything Wireless shall make every effort to provide a high level of availability for its mobile network. However, Everything Wireless is unable to guarantee continuous, fault-free operation of its mobile network or certain transmission times or capacities. Everything Wireless reserves the right to service its mobile network at any time, which may result in temporary disruptions. No representations or guarantees are made in respect of availability, quality, operation or support for voice or data communication on third-party networks or with third-party lines. No guarantee may be given for absolute protection of Everything Wireless’s network against unauthorized access or interception. Everything Wireless shall assume no liability for any such occurrence. Everything Wireless may at any time adapt or interrupt its services. Everything Wireless may engage at any time a third party to fulfill any of its obligations under this contract.
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 may vary. Orders are not considered valid until approved and authorized by Everything Wireless. All prices are quoted in U.S. dollars. While Everything Wireless uses reasonable efforts to include accurate and up-to-date information on the Site, Everything Wireless makes no warranties or representations as to its accuracy. Everything Wireless assumes no liability or responsibility for any errors or omissions in the content on the Site. When purchasing from Everything Wireless, the product(s) are warranted from defects in material and workmanship as specified on our Sales Order. Should these items fail under normal use during this time period, Everything Wireless will, at its sole discretion, repair or replace the defective item with a like or similar product. If the unit can not be repaired and a replacement unit is not readily available, Everything Wireless, 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 units 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 EXPRESSED WARRANTY, EVERYTHING WIRELESS DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

3. Equipment Warranty and Exceptions to Offering:

Warranty Period

Phone Type	Warranty
New	90 days
Remanufactured	90 days

Equipment for which payment is not made in accordance with originally agreed upon terms.
Equipment specifically offered AS-IS or superseded by other warranty.
Equipment, which, in the sole judgment of Everything Wireless was abused, misused, altered, neglected by the customer or damaged in shipment.
Reconditioned batteries for transportable and portable phones have a 90-day warranty. Any equipment returned that does not bear Everything Wireless’s identifier.
Any equipment that is beyond the warranty period.

RoamTalk handsets are remanufactured, meaning that they have been used at least once before being refurbished. RoamTalk handsets are equivalent in performance, appearance, and quality to new models. RoamTalk handsets have NOT been endorsed or approved by the original manufacturer, and DO NOT fall under the original manufacturer’s warranty. RoamTalk handsets are subject to a 90 day supplier’s warranty.

Company provides no warranties of any kind on the Airtime or Network Service, its reliability and/or availability or the fitness of the Unit for any particular network. Check with your local network operator to determine compatibility of handsets. Statements regarding or descriptions of the Service, if any, by Company or Company’s agents or installers are informational only and are not made or given as a warranty of any kind.

4. Refused Shipments

Any of Everything Wireless’s equipment that is refused without prior notification given will result in charges applied for shipping and restocking. The restocking fee will be 30% of the total invoiced amount of the refused shipment. Everything Wireless may at any time revise these Terms and Conditions and will make best efforts to keep the current terms and conditions displayed on its WEB site. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions or contact legal@roamtalk.com .

5. Return Authorization Number

Request for returns can be placed in writing and sent to Everything Wireless 1310 Westwood Blvd, Los Angeles, CA 90024 or via e-mail from the Contact Us page on the RoamTalk WEBsite or faxed (248-335-4264) to our Warranty Department prior to sending phones back to Everything Wireless. Everything Wireless will issue a Return Authorization Number for all approved warranty returns. The Return Authorization Number must appear on the outside of the shipping box. Equipment sent into Everything Wireless without a Return Authorization Number will be refused and returned to the sender at their expense. All returned products must be returned 100% complete, including all of its components, all original boxes and packing materials, user manuals and other accessories that was provided by Everything Wireless in the original purchase.

6. Refund Policy

Everything Wireless has sole discretion to issue refunds. At all times a refund will be issued in the form of a credit against future purchases. No Refund will be issued for shipping and handling charges. Purchases of call value are non refundable.

7. Customer’s Obligations

The customer is under the obligation to use the services provided in accordance with the contract and the law. The customer is in any event responsible for the use of his connection, the use of passwords, in particular also for dialing premium numbers with increased charges and rates as well as for any use by a third party. Furthermore the customer is responsible for the end device used, in particular in respect of its compliance with the law, its suitability for use and its compatibility with the services and networks used. The customer shall immediately inform Everything Wireless of any unauthorized use.

8. Rates & Prices

All Products, 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 may vary. Orders are not considered valid until approved and authorized by Everything Wireless. All prices are quoted in U.S. dollars. The current and binding calling rates and equipment prices are published on the internet at www.roamtalk.com and may be obtained at any time direct from Everything Wireless. These remain subject to the consequences of fluctuating exchange rates at all times. All Prices and fees are subject to modification at any time without prior notice. It is the customer’s responsibility to obtain any information before using the service. While Everything Wireless uses reasonable efforts to include accurate and up-to-date information on the site, Everything Wireless makes no warranties or representations as to its accuracy. Where RoamTalk may advertise free incoming calls in certain countries it does not mean that the call is free to the party that initiates the call to the RoamTalk customer. RoamTalk is not responsible for call charges made by other Network providers to their customers for calling RoamTalk customers. Callers to RoamTalk customers should be advised to contact their network provider and ask for the rates to call a mobile number in Liechtenstein (+423 prefix) or the United Kingdom (+44 prefix) from wherever they are calling from. Reduction of calling costs may not apply or savings may be reduced when calling from certain countries. It is recommended that you check RoamTalk’s calling rates for the country or countries from which you intend to utilize the Roamtalk service.

9. SIM Card and Account Balance

The SIM card contains an initial amount, which is credited to the relevant account or phone number. The account balance may be increased at any time. A minimum account balance of $75 must be maintained at all times. If the account balance goes below the minimum balance Everything Wireless has the right to deactivate the SIM card and suspend all services. Everything Wireless in its sole discretion has the right to increase or decrease the minimum account balance level that must be maintained on any account. RoamTalk offers its customers an auto account replenishment service, referred to as “Auto Top-up”. Upon customer’s selection of their minimum account balance and account top-up amount, RoamTalk will automatically replenish the customer’s account by the amount selected and charge the customer’s credit card accordingly. In respect of the account balance, Everything Wireless’s accounting system is deemed to be correct. When the account balance is insufficient, the SIM card may no longer be used. No refund is made as against any credit on the account. If the SIM card is not used (i.e. no incoming or outgoing calls) during any five month period of time Everything Wireless will deduct $2 per month account maintenance fee from the call value on the account. Everything Wireless has the right to cancel or change any phone number without compensation, when same is required for operational or technical reasons or as a result of regulations.

10. Deactivation

If the SIM card is not used (i.e. no incoming or outgoing calls) during any five month period of time and the account balance is below the minimum account balance set by Everything Wireless, the card shall be deactivated without prior notice. Any remaining credit as well as the phone number shall be lost without compensation. NB: the applicable period of time prior to deactivation may vary from country to country and/or from product to product. In the event that customer requires their SIM card to be reactivated Everything Wireless will charge the customer a $25 reactivation fee. This is in addition to the purchase of additional call credit to bring the account in excess of the minimum account balance.

11. Obligation to Register & Activate Service

In accordance with prevailing regulations, the customer is obliged, at the time of purchase of the SIM card, to identify himself by means of a valid and official identification document. Purchase and use of a SIM card without due identification shall be considered as abuse of the service. Article 10 hereunder shall then be applicable. The customer is also obliged to first activate their SIM card or International phone (that includes the SIM card) before he can use either product. Everything Wireless will charge the customer a one time activation fee of $10.

12. Data Protection & Confidentiality

Everything Wireless undertakes to process customer data with care and to comply with the provisions of the prevailing regulations. Everything Wireless 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 Everything Wireless 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 Everything Wireless network, Everything Wireless may exchange the customer’s data with such party insofar as such information is necessary for the provision or execution of these services.

13. Number Display

In principle, the caller’s number will be displayed to the called party. Everything Wireless’s service allows this display to be withheld. It shall however be noted that in some cases, the display or its withholding may not be ensured for technical reasons, particularly for calls from or to a third-party network or for SMS.

14. Telephone Abuse

The customer is responsible for the content of information which he transmits via, or has processed by Everything Wireless. The customer is responsible for using his mobile line in compliance with all legal and contractual provisions. Everything Wireless’s service shall not be used for criminal activities or offences. Reselling of services to third party by a customer shall be considered as abuse. Reselling by a customer is subject to the written approval of Everything Wireless. Such approval may be refused without any reason being given. In the event of justified indications of unlawful use of a mobile line, or if such use is reported by a competent authority, Everything Wireless may instruct the customer to use the mobile line in compliance with all legal and contractual provisions, suspend the provision of service, and/or invalidate the SIM card without notice and compensation. Any credit balance on the SIM card shall be lost.

15. Everything Wireless’s liability

Everything Wireless’s liability for grossly negligent or willfully caused damages is limited to an amount equivalent to the value of the service purchased during the 12 last months, but limited to a maximum of $100 (one hundred dollars). Everything Wireless shall not be liable for damages arising from simple negligence. Everything Wireless shall under no circumstance be held liable for consequential loss, loss of profit or loss of data. Should the customer use his mobile line to purchase goods or services from a third party, Everything Wireless shall not be a contracting party to such contract. Everything Wireless accepts no liability whatsoever and makes no guarantee in respect of the goods and services ordered or obtained via a mobile line, even if Everything Wireless handles the collection of third-party claims against the customer. The electromagnetic fields generated by a mobile phone may interfere with the correct functioning of other equipment, such as hearing aids or pacemakers. To prevent such interferences, the manufacturers’ safety measures should be observed. The customer is responsible for obtaining information on prohibited and restricted use and for obeying such rules.

16. Other Stipulations

The customer may transfer rights and obligations arising from this contract to third parties only with the prior written approval of Everything Wireless. Everything Wireless is entitled to transfer this contract to third parties without the consent of the customer.

17. Intellectual Property Rights

For the duration of the contractual relationship, Everything Wireless grants the customer a non-transferable and non-exclusive right to use the services and products provided by Everything Wireless in accordance with these Conditions. Everything Wireless or the licensor retains all the rights to the related intellectual property rights.

18. Choice of Law & Jurisdiction

This contractual relationship shall be subject to the application of US law, excluding the United Nations Convention on Contracts for the International Sale of Goods, dated in Vienna on April 11, 1980. The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement shall be California, subject to mandatory places of jurisdiction under federal law.