Subject to change. Please read carefully.
- CMG International, Ltd. aka Amigo-US (the distributor) and Customer (the customer) undersigned hereby agree to the following terms and conditions.
- This customer contract is with the distributor only and not with Mirs Communication Ltd. (Company) which is the provider of the wireless telecommunications service under a separate contract with the distributor. The distributor has obtained the rights to provide wireless telecommunications service to its customers from Mirs Communication Ltd.
- It is known to the parties and agreed by them that; 3.1) Mirs Communication Ltd. (Mirs) is entitled to change, add, or replace the dialing numbers, the subscriber's numbers, other codes numbers, the frequencies in which the products are operating, and the customer shall have no right or interest in respect thereof, nor license to use any kind whatsoever. 3.2) Mirs and the Distributor shall not be liable for any damage which might be caused to the customer when the Israeli Ministry of Communications takes any action to shut down the Mirs network or part of due to emergency reasons. 3.3) The customer hereby undertakes to fulfill all the instructions of the Israeli Ministry of Communication, or the Company, the terms of the licenses and any law, that may apply and shall indemnify the company and the distributor in respect of any expenses or damage it bears as a result of his/ her failure to fulfill the provisions of this clause. 3.4) The relations between the distributor and its customers are contractual relations to whom the Company is not a party, and it shall not be liable for the acts or omissions of distributor towards its customers. 3.5) All the intellectual property included in the Products are Mirs or Motorola or other third party proprietary. 3.6) Mirs nor the Distributor shall be responsible for any information that might be communicated to the Customer during its use in the Telecommunications services. 3.7) Mirs and the distributor shall not be liable for any damage resulting from the services' non-availability nor they warrant the Customer for the product and the services fitness for a particular purpose. 3.8) The customer shall take at his/ her own all the risk regarding the security of the information sent by him/ her while using Mirs Data services. 3.9) If the Distribution agreement between the distributor and Mirs shall not be in force then Mirs shall be entitled to supply the customer the telecommunications services, ordered by the customer and the customer agrees to pay directly to Mirs or to any other distributor, that Mirs will nominate for this purpose, according to the current agreed tariffs package between the customer and the distributor
- Service is being provided through the Mirs network in Israel and customer is subject to the general terms and conditions of the Mirs contract and Israeli law. The Mirs Company is not liable for any act or omission on the part of the distributor.
- Customer agrees and understands that distributor will at its discresion use customer info for promotions and specials.
- Service, which is provided by the Mirs Company, may at times experience temporary interruptions for which distributor and company are not liable, and customer shall not have any claim towards them for such occurrences.
- Customer is deemed under contract and is bound by this agreement from the time customer order is placed with distributor or any of its agents until the final bill is satisfied to CMG. Return of the phone does not end the terms of this agreement.
- Customer shall indemnify and hold harmless CMG International, Ltd. against all claims, loss, injury, liability or expense arising out of the lease, possession, equipment, operation of equipment or service of the telecommunication service, which is the subject of this contract.
- The distributor shall provide to the customer and customer shall acquire from the distributor wireless equipment and telecommunication service for use in Israel as written in the rental agreement. The service includes phone, push to talk and Internet access thru the Mirs Communication network.
- The distributor shall make every reasonable attempt to deliver the equipment to the customer's address, by the requested time, and by the means designated by the customer, but distributor shall not be liable to the customer in the event of delay caused by circumstances beyond its control.
- The customer shall accept the equipment upon delivery, and shall be obligated to the rental agreement from that day.
- The customer is obligated to pay to the distributor the rental charge as per the rental agreement from the delivery of equipment until the end of the rental period specified in the agreement and the return and acceptance of said equipment to and by the distributor. Rates listed are per phone unless otherwise specifically noted. Rates subject to all terms and conditions and subject to re-rate for failure to meet any term of rate plan or contract.
- The customer is obligated to pay to the distributor for all telecommunication services and charges for calls and call types including but not limited to land line, long distance, international, cellular, voice mail and PTT and related service charges as per the rental agreement from the time of equipment delivery until the return of the equipment, and acceptance by the distributor.
- The customer agrees to pay for all service and it is assumed that all services are accepted unless customer specifies otherwise. In such even as customer declines specific services, this must be indicated in writing either on the application/ rental agreement or separate correspondence. Customer shall have no claim otherwise.
- Distributor is not responsible for calls made to outside carriers (including but not exclusive to calling card carrier access number) where calls may be dropped or otherwise interrupted. Customer relinquishes rights to claims where the destination is a third party carrier other than those specifically offered through the distributor.
- The distributor may increase its charges at any time without prior notice, but will seek to provide the customer with reasonable notice of such changes.
- The customer shall be billed as per the rental agreement for telecommunication. Telephony charges in full minute increments, with partial minute rounded to the next full minute. PTT (dispatch) charges in ½ minute increment rounded to the next 30 second. Internets charges are billed per kilobyte. SMS/ text messaging billed per message plus KB where applicable. Billing shall be on a monthly basis for long-term rental, and on demand for short tem rentals. All rental charges are prorated per diem for monthly rentals rates and based on full days for short term rentals. Invoices shall include in addition to the distributors charges any charges by any other carrier used by the customer including roaming charges for use outside coverage area. The total invoice shall be charged and is payable by credit card on file with the distributor, which has been provided and authorized by the customer in the rental agreement. Notwithstanding the authorization to charge the credit card, the distributor has the right to demand full payment from the customer by any other means.
- Customer is responsible for all phone services, rentals and telecommunication charges including the use of the internet and data usages during the rental agreement period whether or not the customer is the user of the service or whether the phone is used or not. All charges are for the full period of the agreement, with the distributor being able to bill the customer on a delayed basis after the equipment has been returned to the distributor, for any charges incurred by the customer before the return of equipment.
- Roaming fees for incoming or outgoing minutes are $3.50 per minute minimum for use outside Israel. ALL rates quoted assumes customer follows the directions available at the time phone is received or by calling the distributor and is available online at amigo-us.com. Customers shall have no claim to not receiving instructions or not being told by his or her sales rep regarding instructions. Dialing international using carriers other than the contracted carrier will result in higher per minute charges. Calling to countries other than the USA, Canada and the UK will cost a minimum of $1.50 per minute.
- Use of the internet feature will be billed as per the rates quoted. This feature can be disconnected at the request of the customer by calling the distributors office. Customer is fully responsible for all internet usage while under contract.
- Distributor will make every effort to deliver to customer the invoice as per the rental agreement; however can not be held responsible for undeliverable mail, returned emails, illegible applications or any other reason for a failure of delivery of the invoice. Customer is responsible to pay the bill and holds no claim for non payment on account of not receiving the invoice.
- CMG may bill customers over two billing periods. Distributor has a set billing cycle, should the customer's rental extend beyond the end of that billing cycle customer understands he or she will receive additional invoices for that period.
- Customer shall be responsible for all taxes, (including but not exclusive to USA and Israeli) and fees relating to the telecommunication rental and service, this amount being added to the customer invoice and charged to the authorized credit card.
- At the distributors discretion it may choose to settle accounts or issue courtesy credits or allow for payment plans. CMG reserves the right to rescind these offers or credits if and when the customer does not meet the agreed terms of the credits, payment plans or settlements.
- The customer must return phone to CMG office or the agent location phone was picked up from within 2 business days of customer return from Israel. Customer may send the phone Via US mail or other courier service and package must be postmarked within 2 business days of customer return from Israel. A minimum of $4.00 per day late fee shall apply for all phones not returned or postmarked within the 2 business days of return from Israel. A minimum $350.00 charge will apply for phones not returned within or postmarked within 30 days of return from Israel and customer may not choose to exercise the insurance option after 30 days of return from Israel.
- Customer shall deposit with the distributor the amount indicated in the rental agreement. This amount shall be returned to the customer at the end of the rental period provided that all charges to the customer have been satisfied and the equipment has been returned to the distributor undamaged. During the rental period distributor at its own discretion retains the right to employ the deposit.
- Upon delivery of equipment the customer shall use the equipment in a proper manner in accordance with the instructions provided and agrees not to: i. Allow any third person to use the equipment
ii. Sell or Sublet the equipment to any other party
iii. Repair or modify the equipment which is the sole property of the distributor
iv. Remove, add or deface any markings or parts to the equipment
v. Knowingly damage or dispose the equipment
vi. Attempt to unlock any authorization codes or reprogram any portion of the equipment which may result in the damaging of the SIM card.
vii Changing, removing or adjusting SIM card or replacing SIM card in any phone other than the one provided may result in roaming fees, additional charges, higher airtime rates or penalties. Using other SIM cards in the provided phone will result in similar fees and charges. Amigo-US takes no responsibility for service disruption if SIM card or SIM codes are tampered with.
- At its own discretion the distributor or the company reserves the right to notify and cancel the service to the customer and disconnect service for any reason, including possible fraud. If the customer fails to make payment, violates or is in breach of any part of this agreement, the general Mirs agreement or Israeli law service can be terminated without notice. After any disconnect, applicable reconnect fees will apply.
- The customer waives all privacy rights regarding all information retained by the company and distributor concerning the use of the phone, including but not limited to the calls, Internet, other telecommunications services and payments by the customer. The distributor or company may use this information in any database it chooses and for the purposes of, but not limited to, locating a customer, collections and locating missing phones.
- If service or repair is required for the equipment provided in this agreement, the customer shall immediately notify only the authorized Mirs call center and/ or repair center for service. If the call center refers customer to the authorized service center, customer shall deliver said equipment for repair. Repair or replacement of equipment will be determined by the authorized Mirs service center as soon as possible, as long as customer is not in breach of contract. The repair and warranty shall be in effect only for normal malfunctions and not for damage caused by customer due to neglect, or misuse, in which case customer shall be responsible for repair cost.
- In case of loss or theft of equipment, customer shall immediately notify distributor. Customer shall be liable for all charges to the telephone until the distributor disconnects the phone after receiving customer's notice of loss or theft. Replacement of phone will require a deductible which shall be determined by the distributor and shall be no less than $100.00. While waiting for service, repair or replacement the distributor nor shall the company have any obligation to the customer. The insurance and deductible payment covers the phone itself and does not cover any calls or services used before the phone is returned or disconnected. Once phone has been claimed for insurance, any deductible charges can not be refunded and insurance claim can not be reversed.
- Customer shall pay to the distributor for all expenses including but not limited to attorney's fees, court costs, and collection costs incurred by the distributor for any action to enforce its rights under this agreement. Customer agrees to be bound by and to the jurisdiction of the courts of Kings County in New York and herby agrees to have said court preside over all matters of collection and dispute in connection with this agreement. CMG reserves the right at it's discretion to seek the jurisdiction of other courts if and when it sees it fit to do so. Customer relinquishes any rights to other jurisdiction regardless of customer role in the dispute.
- Distributor retains rights of ownership of the equipment, and the customer's rights are for the rental period only as per the rental agreement. Customer shall be responsible for damage or loss of the equipment or accessories and shall pay the retail price for such loss.
- The laws of, New York State, United States of America and the State of Israel govern this agreement. See item # 32 for statement of jurisdiction.
Subject to change. Please read carefully.