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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.

Damages/Defaulted Order

Compensation Standards (U.S.  $)

Description

Late Fee

Standard Daily Rate per day     delayed

Equipment shall be returned in 2 business days after Usage Term ends, otherwise, Late Fees shall be accrued per day delayed /unit as     stated in the Terms & Conditions, up to $100.

WiFi Hotspot terminal

$100.00/device

If Equipment is lost, stolen, or water damaged or severely damaged and dysfunctional

WiFi Hotspot terminal

$15.00/device

Deface, Equipment appearance severely damaged but remains functional

USB cable

$5.00 / each

Missing or damaged USB cable.

Pouch

$5.00 / each

Missing or damaged Pouch sent with order

Cancellation Fee

$19.90 /cancelled order

In the event the order cancelled after the product has shipped.

   

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.

 


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