Terms & Conditions

The following are the Terms and Conditions for purchases of RoamingMan^® products and/or services from UCLOUDLINK (AMERICA), LTD. (hereafter “UCLOUDLINK”). 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.
UCLOUDLINK and you (the “Customer”) hereby agree to the following terms and conditions with respect to the product and/or services offering by UCLOUDLINK to the Customer of the wireless communication device and peripheral equipment (the “Equipment”), including, but not limited to, mobile WiFi hotspot terminal, USB cables, User Manuals, and mobile data services (the “Services”) which are described herein or included in any written agreement between Customer and UCLOUDLINK for products and/or services (“Agreement”).

·         I. Acceptance of Terms and Conditions

        1.If the Customer places an order via UCLOUDLINK’s website (www.roamingman.com), the successful online payment transaction shall constitute the Customer’s acceptance of the       Terms and Conditions.

        2.If the Customer places an order via UCLOUDLINK’s authorized Distributors 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 UCLOUDLINK to verify the Customer’s creditworthiness with a credit reporting agency.

·         III. Equipment Availability Options

Our Equipment is available by options of rental or one-time buyout. Either way, the Equipment will be activated for mobile data services prepaid by Customer.

        *Equipment Delivery/Return Under Rental Option:

1.     An order for Equipment must be placed by the Customer before 5 PM (Eastern Standard Time) Monday to Friday (no orders are processed on weekends) in order to be prepared for standard delivery options which include courier’s delivery to the designated address by Customer order or self-pick-up at UCLOUDLINK’s specified sales network, whichever way the Customer may choose in his/her discretion when placing order. If the Customer’s order for Equipment arrives after 5 PM, then the Equipment order will be considered to be placed on the next business day.

2.     From the end of the Usage Term (Services period), the Customer has two (2) business days to return the Equipment to UCLOUDLINK. Late fees begin to accrue on the third (3rd) business day after the Usage Term ends as per the Standard Daily Rate of Customer order, per day/per unit, until the date Customer returns the Equipment, up to the equivalent of the Equipment being lost.

3.     UCLOUDLINK 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. Delivery on weekends or public holidays is available at additional cost as UCLOUDLINK deems fit.

5.     UCLOUDLINK will use reasonable efforts to deliver the Equipment prior to the date the Customer is scheduled 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 Services 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 UCLOUDLINK 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.

*Equipment Delivery And Use Under Buyout Option:

Upon acceptance of Equipment under buyout option, Customer has the ownership of such Equipment and is able to activate and use the Equipment by recharging his/her prepaid mobile data services via UCLOUDLINK’s website.

·         IV. Services Charges

1.     Services Charge under Equipment rental option: Customer is charged for the mobile data services for the Usage Term as specified by Customer order;

2.     Services Charge under Equipment buyout option: the Customer recharges his/her prepaid mobile data services.

3.     Damages compensation under Equipment rental option: UCLOUDLINK is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all damages for which the Customer shall be responsible pursuant hereto, whether or not UCLOUDLINK is aware of such damages at the time of the return of the Equipment. All damages compensations billed pursuant to this Agreement are payable by the Customer at the end of Usage Term, or if not computed at the end of Usage Term, then upon demand given by UCLOUDLINK to the Customer.

4.     UCLOUDLINK shall be entitled to charge interest at the rate of 5% per month (or partial month) or highest lawful rate, whichever is less, on any overdue amounts.

5.     Customer shall be liable for and obligated to pay UCLOUDLINK 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 UCLOUDLINK’s rights hereunder.

6.     In case of damages or defaulted order under Equipment rental option, Customer agrees to compensate UCLOUDLINK for loss as follows.

7. If the Customer is having any difficulty with using the Service while at their destination, the Customer must notify UCLOUDLINK within the Services 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 UCLOUDLINK’s discretion.

8. Customer must notify UCLOUDLINK 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.

·       V. Payment and Forms of Payment

1.     The Services Charge is charged to customer credit card or by other payment methods acceptable to UCLOUDLINK upon placement of Customer order. Any other amounts due to UCLOUDLINK under this Agreement are payable at the end of the Usage Term or such date as may be specified by UCLOUDLINK in writing.

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

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

·       VI. Use of Equipment

1.     Upon delivery to the Customer, UCLOUDLINK will provide instructions on the use of the Equipment by way of User Manual.

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

3.     The Customer agrees not to:
1).use the Equipment in any country not listed in the original order for purposes other than the setup and configuration. 

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).attempt to dispose of the Equipment, or encumber or grant any interest in the Equipment to any third party unless Customer has purchased such Equipment.

4.     In the event the Equipment is stolen or lost, the Customer is liable for all Services Charges on such Equipment until it is deactivated by UCLOUDLINK.

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

·       VII. In The Event of Loss or Damaged Equipment

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

·       VIII. Equipment Malfunction Resolution (Applying to Rental Option only)

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

2.     UCLOUDLINK will repair or replace the Equipment as soon as possible after UCLOUDLINK has been notified of the problem by the Customer, and provided the Customer is not in breach of its agreement with UCLOUDLINK, UCLOUDLINK 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 Services Period unexpired when the malfunction occurred.

3.     If UCLOUDLINK 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 other fees payable under the Terms and Conditions.

·       IX. Equipment Ownership, Warranty Period, And Return Policy

1.     Under Equipment rental option, The Equipment will at all times remain property of UCLOUDLINK. Customers have no rights other than temporary use. During the Services Period, no dismantling or part replacements are authorized without the written approval of UCLOUDLINK.

2.     Under Equipment buyout option, Equipment shall become the property of Customer upon full payment and acceptance of the Equipment, with one-year Warranty Period commencing from the date of delivery during which any quality issues caused by reasonable wear and tear shall be repaired and fixed by UCLOUDLINK. However, any repairing cost and expenses due to Customer’s own cause which are not resulting from Equipment quality defects shall be at the sole expense of the Customer.

3.     Under Equipment buyout option, an Equipment may be eligible for return or replacement for the same item within 30 calendar days of Equipment delivery if it fulfils one or more of the following conditions:

1). Was delivered in a physically damaged condition

2). Failed to work properly due to quality defects

3). Has missing parts or accessories

4) Is different from what was ordered

All items must be returned in their original condition, with Device, original accessories, user manual, in the original packaging as delivered to you, and enclosed with a copy of (or) original receipt.

·       X. Termination

1.     The use of the Equipment and all Services may be terminated or deactivated without notice by UCLOUDLINK upon any of the following events: (a) UCLOUDLINK has any reason to believe the Equipment was obtained by any misrepresentation or fraudulent means; (b) UCLOUDLINK has any reason to believe that any meter on the Equipment has been tampered with; (c) UCLOUDLINK 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. UCLOUDLINK 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 Services Charges. UCLOUDLINK may also terminate these Terms and Conditions without any liability whatsoever in the event that Services are not available to UCLOUDLINK or becomes unavailable for any reason. No remedy of UCLOUDLINK 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 UCLOUDLINK 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 without being obliged to repay any portion of the Services Charges. UCLOUDLINK may also terminate this Agreement without any liability whatsoever to the Customer in the event that Services is not available to UCLOUDLINK by a systems operator. No remedy of UCLOUDLINK shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.

·       XI. 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 the State of New York, and Customer consents to the exclusive venue and jurisdiction of the courts in the State of New York.

·       XII. 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 UCLOUDLINK liable for any FUP, throttling, or related issues which could affect the performance of the Equipment or the Customer’s usage experience.

2.     UCLOUDLINK warrants that the Equipment will be in working order when it is delivered to the Customer, but UCLOUDLINK 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.     UCLOUDLINK 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, UCLOUDLINK 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 UCLOUDLINK 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.     UCLOUDLINK WILL IN NO EVENT BE LIABLE FOR NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST UCLOUDLINK 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 UCLOUDLINK 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 UCLOUDLINK rights under this Agreement.

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

·         XIII. 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 UCLOUDLINK 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 UCLOUDLINK or its authorized agent. This Agreement constitutes the entire agreement between UCLOUDLINK 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 of the Equipment or the Services, other than as set forth herein.

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

5.     These Terms and Conditions may be amended or modified by UCLOUDLINK 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.

Privacy Policy

I. ROAMING MAN's Privacy Approach

1.    Ucloudllink USA Limited takes the privacy of its Customers seriously. ROAMING MAN is a subsidiary of the company (hereafter “ROAMING MAN”). Below is the ROAMING MAN privacy policy, which governs the way in which ROAMING MAN processes any personal information that the Customer provides to us. If ROAMING MAN changes the privacy policy for its Website, ROAMING MAN will post those changes here so that the Customer will always know what information ROAMING MAN gathers, how ROAMING MAN may use that information and whether ROAMING MAN will disclose it to anyone.

2.    The Customer can access the ROAMING MAN's home page and browse the site without disclosing any personal data, apart from the information collected by cookies that ROAMING MAN use.

II. Who May Process Data

3.    Personal information will only be collected with the Customer's consent.

4.    The Customer's personal information (which includes name, email, address and any other details provided by the Customer to ROAMING MAN which identify the Customer as an individual) may be processed by ROAMING MAN.

5.    ROAMING MAN may disclose or receive personal information or documents about the Customer to/from other companies within the ROAMING MAN group, its authorized carriers and its service providers including Credit Reference agencies.

6.    ROAMING MAN may be required to disclose personal information or documents about a customer if required to do so by law in the prevention of criminal activities in accordance with US legislation.

III. Quality

7.    ROAMING MAN will take all reasonable steps to ensure that personal information that is held is accurate, complete and up to date.

IV. Purpose of Processing

8.    ROAMING MAN and its affiliates, its authorized carriers and service providers will use the Customer's personal information for the purpose of administering ROAMING MAN's relationship with the Customer, such as, order fulfillment, verifying the customer's identity and delivery address, authorizing debit/credit card payments and processing any other transactions authorized by the Customer. ROAMING MAN may also wish to inform Customers of special offers, undertake product or customer research/development and provide other marketing information to the Customer which ROAMING MAN thinks the Customer may find of interest. If a Customer does not wish to receive any marketing information they may request that their details are excluded from any promotional activity by contacting ROAMING MAN .

V.Cookies

9.    A small file may be sent by ROAMING MAN to the Customer's computer when the Customer visits ROAMING MAN's Website. This will enable ROAMING MAN to identify the Customer's computer, track their behavior on ROAMING MAN's Website and to identify the Customer's particular areas of interest so as to enhance the Customer's future visits to this Website. ROAMING MAN may use cookies to collect and store personal data and link information stored by cookies with personal data the Customer supplies to ROAMING MAN. Save for the use of cookies, ROAMING MAN does not automatically log data or collect data apart from information the Customer specifically provides to ROAMING MAN. The Customer can set their computer browser to reject cookies but this may preclude the Customer's use of certain parts of the Website.

VI. Security Measures

10. ROAMING MAN uses Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but ROAMING MAN. This security measure is working when you see either the symbol of an unbroken key or closed lock (depending on your browser) on the bottom of your browser window.

11. Notwithstanding the above, ROAMING MAN cannot guarantee the protection of Customers’ personal data transmitted electronically due to the nature of the Internet. Customers should be aware that when personal information is disclosed on the Internet it may be collected by another user and may result in unsolicited messages from other Internet users.

VII. Information Use

12. Personally identifiable information is collected and used by ROAMING MAN for five general purposes:
a. fulfillment of your order requests for products and services.
b. customization of the content you see.
c. to contact you about special offers and new products. Please not: you can opt-out of marketing materials at any time.
d. billing and order status purposes.
e. fulfillment and maintenance of membership and service agreements.

VIII. Information Sharing

13. ROAMING MAN does not trade, sell or rent your personally identifiable information other than as outlined in this privacy policy. ROAMING MAN will only share your personally identifiable information in the following situations:
a. ROAMING MAN has your consent to share the information.
b. ROAMING MAN needs to provide the information to other companies to fulfill your request for a product or service. For example: a shipping company, credit card processing company, or service partner. (Without your consent, these companies do not have the right to use the personally identifiable information provided beyond what is necessary to assist ROAMING MAN.)
c. ROAMING MAN is legally required to provide information in response to court orders, subpoenas or legal process.
d. ROAMING MAN finds that your actions violate the usage guidelines outlined in the ROAMING MAN Terms and Conditions.
e. ROAMING MAN feels that an emergency situation has arisen which requires us to release information before you can be contacted for consent. For example: a verified family emergency.

IX. Links

14. The ROAMING MAN website contains links to other websites. ROAMING MAN is not responsible for the privacy practices of sites owned and operated by other companies. When you leave the ROAMING MAN website, please read the privacy policies of each website that collects personally identifiable information. This privacy statement applies solely to information collected by ROAMING MAN, and such information remains private and secure when you follow links to other websites.

X. Anti-Spamming Policy

15. ROAMING MAN is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit:
a. Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through ROAMING MAN's computer systems.
b. Relaying email through a third party's mail servers without the permission of that third party.
c. Using or causing to be used ROAMING MAN computer systems to facilitate the transmission of unsolicited.
d. Unauthorized material. This includes any promotional materials, URL's, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
e. Using "robots" or otherwise harvesting others' email addresses from the ROAMING MAN servers for purposes of sending unsolicited or unauthorized material.
f. Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
g. Allowing third parties to contact our customer database without the customer's prior consent.
h. Emailing non ROAMING MAN customers promotional or marketing materials without their prior consent.
i. Emailing ROAMING MAN customers who have opted out of email based contact promotional or marketing materials without their prior consent.

XI. Voluntary Customer Surveys

16. We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary. We take the information we receive from individuals responding to our customer surveys and combine (or aggregate) it with the responses of other ROAMING MAN customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our Services to you, and to develop new services and products. This aggregate, non-personally identifying information may be shared with third parties.

XII. Other Partners and Sponsors

17. Some ROAMING MAN products and services are or may be offered in conjunction with a non-affiliated partner. To provide some of these products and services, the partner may need to collect and maintain personal information. In these instances, you will be notified before any such data is collected or transferred and may decide not to use that particular service or feature. ROAMING MAN will share non-identifying and aggregate information (except as described above), but not personal information, with such partners in order to administer any such co-branded products or services offered. At some websites, you can purchase products and services or register to receive materials, such as a brochure, a catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information. ROAMING MAN has no control over the third parties' use of any personal information you provide when placing such an order. We strongly suggest you review the third parties' privacy policy before providing any of your information.

XIII. Special Cases

18. It is ROAMING MAN's policy not to use or share the personal information about individuals in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, ROAMING MAN may disclose personal information about individuals, or information regarding your use of the Services or internet sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our terms of uses or other policies; to operate the Services properly; or to protect ROAMING MAN and our customers.

XIV. Revisions to this Policy

19. ROAMING MAN reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner.

XV. Contact Details

20. If the Customer has any inquiries or concerns about this Privacy Policy, or wishes ROAMING MAN to cease processing the information it has about that Customer as a result of the Customer's use of ROAMING MAN's web site, please contact us.