Terms & Conditions

The following are the Terms and Conditions for purchases of products and/or services from RoamingMan, which is a subsidiary of Ucloudlink USA Limited (hereafter “RoamingMan”). In order to place an order with our company, you must read and agree to the terms and conditions (“Terms and Conditions”) below. It is your responsibility to read and understand the terms and conditions completely and thoroughly, so please do not hesitate to contact us if you have any questions.
RoamingMan and you (the “Customer”) hereby agree to the following terms and conditions with respect to the product and/or service offering by RoamingMan to the Customer of the wireless communication device and peripheral equipment (the “Equipment”), including, but not limited to, mobile hotspots, USB cables, user guides, and related or additional services (the “Services”) which are described herein or included in any agreement between Customer and RoamingMan for products and/or services (“Agreement”).

·           I. Acceptance of Terms and Conditions

1.      If the Customer places an order via RoamingMan’s website (www.roamingman.com), this will constitute the Customer’s acceptance of the Terms and Conditions. If the Customer places an order via telephone, FAX, or any other method, acceptance of the Equipment shall constitute the Customer’s acceptance of these Terms and Conditions.

·           II. Authorization

1.      If Customer is an entity other than an individual, the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.

2.      Customer authorizes RoamingMan to verify the Customer’s creditworthiness with a credit reporting agency.

·           III. Equipment Delivery

1.      An order for Equipment must be placed by the Customer before 5 PM EST (Eastern Standard Time) Monday to Friday (no orders are processed on weekends) in order to be prepared for standard or overnight delivery options. If the Customer’s order for Equipment arrives after 5 PM EST, then the Equipment order will be considered to be placed on the next business day.

2.      From the end of the Usage Term (the rental time period in which the Customer is being charged for the Services), the Customer has two (2) business days to return the Equipment to RoamingMan. Late fees begin to accrue on the third (3rd) business day after the Usage Term ends.

3.      RoamingMan will take responsibility for the Equipment during transportation to the Customer’s address as designated by the Customer.

4.      Standard delivery dates are business days (non-holidays) Monday through Friday. Saturday delivery is available at additional cost.

5.      RoamingMan will use reasonable efforts to deliver the Equipment prior to the requested Departure Date (the date the Customer is schedule to leave the country), but it shall not incur any liability in the event of any delay caused by force majeure or other circumstances beyond its control.

6.      The Customer will accept the Equipment when delivered on or before the Departure Date, and if for any reason the Customer fails to accept the Equipment when delivered on or before such date, the Customer shall nevertheless be liable for the stated Rental Charge and any applicable cancellation charge per the Terms & Conditions in which the Equipment was ordered.

7.      If the Customer is not present when the Equipment is delivered to the Customer’s address, the Customer is authorizing RoamingMan and its agent or delivery company to drop off the Equipment at the Customer’s shipping address. From the time the equipment is delivered to the Customer’s address, the Customer is responsible for the care of the Equipment.

·           IV. Charges

1.      Rental Period – The number of days between the Departure Date and Return Date.

2.      The Customer will pay daily charges from the Departure Date (the date in which the Customer departs) until the Return Date (the date in which the customer returns) for all of the Equipment specified in the Terms and Conditions until the Equipment is returned to and accepted in writing by RoamingMan. Equipment rental charges apply to full days only (not fractional days).

3.      RoamingMan is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not RoamingMan is aware of such charges at the time of the return of the Equipment. All charges and other amounts billed pursuant to this Agreement are payable by the Customer at the end of Rental Period, or if not computed at the end of Rental Period, then upon demand given by RoamingMan to the Customer.

4.      The Rental Charge is charged to customer credit card upon placement of customer order. Any other amounts due to RoamingMan under this Agreement are payable at the end of the Rental Period. RoamingMan shall be entitled to charge interest at the rate of 5% per month (or part month) on any overdue amounts. However, in no event will any late payment charges exceed the highest lawful rate.

5.      Late fees start on the 3rd business day after your return as per the Standard Daily Rate of equipment rental, per day/per unit, until the date you return the equipment.

6.      Customer shall be liable for and obligated to pay RoamingMan for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce RoamingMan’s rights hereunder.

7.      Pricing. The following are the prices charged for RoamingMan’s equipment and services (Services), and all prices are in U.S. Dollars.

Equipment & Services

Price

Description

RoamingMan WiFi Hotspot & Service

RoamingMan WiFi – Unlimited Internet

$9.99/day

Hotspot and service charged per day

RoamingMan WiFi - Late Fee

$9.99/day

Charged per day/unit as stated in the Terms & Conditions

Shipping

Shipping and Handling

$19.95

UPS Delivery Service (USA Domestic)

Return Shipping

$9.95

UPS Service (USA domestic)

Overnight Shipping

Varies

Overnight shipping, varies per destination & delivery time

International Shipping

Custom Pricing

International shipment cost is customers responsibility.
The international return shipment requires tracking number.
In case of lost package without tracking information, the lost fee will be charged to the customer.

Insurance

Insurance

$19.99/device

Covers loss, theft, or damage of equipment, after $100.00 deductible/per device

($100 Deductible / Device)

per Customer


Fees for Damaged or Lost Items Without Insurance

RoamingMan WiFi Hotspot

$200.00

If equipment is lost, stolen, or damaged/no insurance

USB cable/Attachments/Other

$5.00 / each

Including missing or damaged USB cable, etc.

Travel case

$5.00

Travel case sent with order

Cancellation Fee

$49.90

$49.90 Cancellation fee charged after the product has shipped.

Fees for Damaged or Lost Items With Insurance

RoamingMan WiFi Hotspot

$100.00

If equipment is lost, stolen, or damaged with insurance

USB cable/Attachments/Other

$5.00 / each

Including missing or damaged USB cable, etc.

Travel case

$5.00

Travel case sent with order

Cancellation Fee

$49.90

$49.90 Cancellation fee charged after the product has shipped.

·          

1.      If the Customer is having any difficulty with using the Service while at their destination, the Customer must notify RoamingMan within the Rental Period in order to qualify for any possible refund or discount to a Charge. Any refund or discount to a Charge is provided solely at RoamingMan’s discretion.

2.      Customer must notify RoamingMan in writing of any final disputes regarding Charges within 30 days of receipt of the invoice, or final payment notification, containing the disputed Charge or else the right to dispute the Charge will be waived.

3.      Cooperation: IPAYLINKS LTD, 6 PROSPECT WAY, ROYAL OAK INDUSTRIAL ESTATE, DAVENTRY, NORTHAMPTONSHIRE, THE UNITED KINGDOM.

·         V. Payment and Forms of Payment

1.      The Rental Charge is charged to customer credit card upon placement of customer order. Any other amounts due to RoamingMan under this Agreement are payable at the end of the Rental Period. RoamingMan shall be entitled to charge interest at the rate of 5% per month (or part month) on any overdue amounts. However, in no event will any late payment charges exceed the highest lawful rate.

2.      RoamingMan may, in its sole discretion, accept a non-US credit card from Customer, in which case RoamingMan will take a deposit in lieu of authorization. RoamingMan will not accept responsibility for any fluctuation in exchange rates during the period in which a deposit is held.

3.      By providing RoamingMan with a Credit Card, the Customer represents that RoamingMan  is authorized to make charges on such account.

4.      Debit cards are not accepted form of payment.

5.      RoamingMan accepts Visa, MasterCard, American Express and PayPal.

6.      At RoamingMan’s sole discretion, we may establish invoicing for corporate or other Customers.

·          

·         VI. Use of Equipment

1.      Upon delivery to the Customer, RoamingMan will provide instructions on the use of the Equipment by way of User Guide which will be provided via a printed, electronic PDF File, or email version.

2.      The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions within the User Guide and in no other manner.

3.      The Customer agrees not to:
1.use the rented equipment within the United States or any country not listed in the original order for purposes other than the setup and configuration. In the event the customer uses the device within the United States or any other country not listed on the order form, RoamingMan will charge $0.01/KB after 20MB of data used. RoamingMan reserves the right as stated in Article III, section 3 to charge the customer’s credit card on a delayed basis.
2.effect any repairs or modifications to the Equipment, or attempt to reverse engineer the Equipment;
3.remove or interfere with any certification markers affixed to the Equipment;

4.deface or add to the Equipment;
5.sublet or allow the use of the Equipment by any third party;
6.attempt to dispose of the Equipment, or encumber or grant any interest in the Equipment to any third party.

4.      If the option for insurance has been waived, in the event of any loss, damage, theft or disappearance of the Equipment while on rental, regardless of circumstances, the Customer shall pay to RoamingMan on demand, an amount equivalent to the value of the Equipment in accordance with RoamingMan’s then-current listed Equipment sales prices. In the event the Equipment is stolen or lost, the Customer is liable for all Rental Charges on such Equipment until it is deactivated by RoamingMan.

5.      During the Use of Equipment, the Customer should contact RoamingMan with any trouble or customer support issues in order to provide RoamingMan the opportunity to resolve any difficulties.

6.      Cooperation does not guarantee the use of Voice over IP (VoIP) applications such as Skype, Google Voice, etc…

·         VII. In The Event of Loss or Damaged Equipment

1.      In the event that your Equipment has been lost, damaged, stolen, or disappeared, notify RoamingMan immediately by email (supportus@roamingman.com).

·         VIII. Repairs or Damaged Equipment

1.      If the Equipment is not in working order when received by the Customer or subsequently malfunctions then the Customer will notify RoamingMan immediately.

2.      RoamingMan will repair or replace the Equipment as soon as possible after RoamingMan has been notified of the problem by the Customer, and provided the Customer is not in breach of its agreement with RoamingMan, RoamingMan will provide the Customer with the same or similar equipment (which shall constitute Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred.

3.      If RoamingMan finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment in addition to the $200 fee for damaged Equipment.

·         IX. Theft, Loss, and Damage Protection

1.      If the Customer has paid for Insurance, then the Customer will not be liable for to pay for any theft, loss, or damages to the Equipment, however, the Customer will be responsible for a deductable payment to RoamingMan per Section III.

2.      This Section will only apply if (a) the Customer has requested and paid for Insurance, and (b) the Equipment is not returned to RoamingMan in accordance with the provisions of these Terms and Conditions due to theft, accidental loss, or inoperable due to accidental damage.

3.      In order to exercise this coverage under Insurance, the Customer shall immediately notify RoamingMan upon the theft or accidental loss or damage to the Equipment. This initial notice should be reported by written notice (supportus@roamingman.com) within 48 hours. The written notice shall describe in detail the facts surrounding the theft, accidental loss or accidental damage. Upon request, Customer must provide evidence of theft by submitting a copy of a written police report to RoamingMan.

·         X. Ownership

1.      The Equipment will at all times remain property of RoamingMan. Customers have no rights other than temporary use. During the Rental Period, no service or part replacements are authorized without the written approval of RoamingMan.

·         XI. Termination

1.      The use of the Equipment and all Services may be terminated or deactivated without notice by RoamingMan upon any of the following events: (a) RoamingMan has any reason to believe the Equipment was obtained by any misrepresentation or fraudulent means; (b) RoamingMan has any reason to believe that any meter on the Equipment has been tampered with; (c) RoamingMan has any reason to believe the Equipment is or may be used for any illegal or improper purpose, or in violation of applicable laws; (d) a breach of any of these Terms and Conditions including the payment terms; or (e) detection of unusually high usage, or possible theft or fraud. RoamingMan may also, at its discretion and in addition to other remedies available hereunder at law or in equity, take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. RoamingMan may also terminate these Terms and Conditions without any liability whatsoever in the event that Services are not available to RoamingMan or becomes unavailable for any reason. No remedy of RoamingMan shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.

2.      Should the Customer (a) obtain use of the Equipment by any misrepresentation or fraudulent means, or (b) tamper with Equipment, or (c) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions, then RoamingMan may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement, (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. RoamingMan may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to RoamingMan by a systems operator. No remedy of RoamingMan shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.

·         XII. Applicable Law

1.      This Agreement shall be governed by the laws of the State of New York, without giving effect to its choice of laws or provisions. Any legal action or similar proceedings shall be instituted and held in New York city, and Customer consents to the exclusive venue and jurisdiction of the courts in city of New York. In addition, this Agreement is subject to applicable foreign, federal and state laws and tariffs.

·         XIII. Liability, In-Country Service, & Representations

1.      Fair Use Policy (FUP) – In some countries, a Fair Use Policy may be in place in accordance with the business practices of the local internet service provider (the local in-country wireless network carrier or operator). If a FUP is in place, it may limit the transfer of a specific amount of data over a period of time. Internet service providers commonly apply a cap on the amount of wireless data when an individual user has exceeded a certain amount of data within a specified time period, which can result in a throttling down (slow down) of the connection speed. The Customer acknowledges that a FUP may be in place and accepts this possibility, and the Customer will not hold RoamingMan liable for any FUP, throttling, or related issues which could affect the performance of the Equipment or the Customer’s usage experience.

2.      RoamingMan warrants that the Equipment will be in working order when it is delivered to the Customer, but RoamingMan cannot be responsible for the performance of the Equipment or the operation of the networks to which the Equipment is connected. The Customer acknowledges that Services may be temporarily interrupted (including dropped calls or weak signals), delayed, or otherwise limited due to a variety of causes, including but not without limitation to transmission limitations or interruptions, atmospheric conditions, system capacity limitations, network coverage, cell tower location / placement, wireless signal strength, network system, or equipment failure. The Customer’s particular geographic location within a country, building, or structure, as well as a variety of other related causes, may also affect the Equipment performance.

3.      ROAMINGMAN MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE OR DATA SERVICES FURNISHED UNDER THIS AGREEMENT. EXCEPT AS SET FORTH IN SECTION 3 ABOVE, ROAMINGMAN DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE PRODUCTS OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4.      Subject to these Terms and Conditions, the Customer shall be solely responsible for and shall indemnify and hold harmless RoamingMan against all claims, demands and liability arising as a result of the lease, possession, use, condition, operation or misuse of the Equipment by Customer or third parties, or of the services provided hereunder, whether in breach of these Terms and Conditions or otherwise arising howsoever. This indemnity provision shall survive the termination of this Agreement.

5.      ROAMINGMAN WILL IN NO EVENT BE LIABLE FOR NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST ROAMINGMAN FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL, OR FOR ANY DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.

6.      The Customer shall be liable to RoamingMan for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce RoamingMan rights under this Agreement.

7.      RoamingMan reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that RoamingMan detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and RoamingMan shall have no liability whatsoever to the Customer for such deactivation.

·           XIV. General

1.      The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.

2.      No waiver by RoamingMan of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.

3.      This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by RoamingMan or its authorized agent. This Agreement constitutes the entire agreement between RoamingMan and the Customer with regard to the subject matter hereof, and there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Services, other than as set forth herein.

4.      RoamingMan is not liable for any lack of privacy or security which may be experienced with regard to the Services. The Customer authorizes RoamingMan’s monitoring and recording of data (Services) concerning the Customer’s account or the Services and consents to RoamingMan’s use of automatic dialing equipment to contact the Customer. RoamingMan has the right to intercept and disclose transmissions in order to protect its rights or property.

5.      These Terms and Conditions may be amended or modified by RoamingMan in its discretion at any time by providing notice to Customer of such changes by email address of the Customer, or by any other reasonable means.