Terms and Conditions
 
 
 

Terms and Conditions for the Rental of Cellular Phones, SIM Cards and Telephone Lines
 
Whereas The IsraelPhones division of Global Cellular Corporation (hereinafter: IsraelPhones) is a company offering the rental of cellular telephones, SIM cards and telephone lines;
And whereas the customer is interested in renting from IsraelPhones cellular equipment, which may include cellular telephones, Sim cards, telephone lines, USB modems and Aircards, and their respective accessories, as well as any other equipment that IsraelPhones currently offers for rental, or may offer for rental in the future (hereinafter: Equipment), and the corresponding rights to use a cellular telephone line or lines where applicable, as set out in the Order form as completed on IsraelPhones’s website, via fax, or by phone (hereinafter: the Order).

Whereas it has been declared, stipulated and agreed as follows:

1.   General: The preamble and appendices of this agreement (including the Order) constitute an integral part hereof.
2.   The Transaction: The customer hereby rents from IsraelPhones, the Equipment as set out in the cellular rental plan as presented on IsraelPhones’s website (hereinafter: the Plan), whether general rates or the applicable group rate as provided to the group, and cellular telephone services as applicable in accordance with the Plan.
3.   The Period of the Rental: The rental shall begin on the start date as specified in the Order, and shall end when the Equipment is returned in its entirety and in working order on the date of the end of the rental to IsraelPhones as stated in the Order, or the phone has been declared to IsraelPhones as being lost or stolen and the customer has paid all required fees and deductibles (hereinafter: the End Date).
    IsraelPhones’s rates for delivery and pickup of the Equipment can be found at: www.israelphones.com. IsraelPhones shall be entitled to ship Equipment within a reasonable time prior to the start date and shall not be responsible for shipping delays beyond its control. The customer is responsible for providing IsraelPhones, at the time of the Order, with all of the relevant delivery information, including exact destination, as well as telephone number at the destination and name of intended recipient of the Equipment. IsraelPhones shall not be liable for failure of the intended recipient to receive the Equipment. Customers from abroad who wish to have Equipment delivered prior to arrival in Israel will receive the Equipment prior to their start date. In the event that Equipment reaches the customer before the start date, no rental fee shall be charged if the Equipment remains unused, however the customer shall be responsible for loss of, theft of or damage to the Equipment in accordance with the provisions of Clause 7 below. If the customer receives, and uses Equipment before the start date, the rental period shall be deemed to have commenced upon the date of the customer’s first usage of the Equipment and all applicable fees for rental, insurance and services shall be charged.
    In the event that the customer wishes to extend the rental period, the customer shall be obliged to inform IsraelPhones’s customer service department at the number below, stating the length of the additional period requested. The extension of the rental period is subject to the express approval of IsraelPhones, which is in no circumstances obliged to give its approval, and may result in additional fees.
    The customer may return the Equipment prior to the End Date, however rental and insurance fees shall be payable until the End Date.
    If the customer returns the Equipment within five (5) days of the End Date, in its entirety and in proper condition, and the Equipment has not been used during such five-day period, no additional fees will be payable. However, if the customer returns the Equipment six (6) days or more after the End Date, or if the unreturned Equipment had been used within five (5) days after the End Date, IsraelPhones shall charge the customer a late return fee in the amount of up to $5 for each day of delay, at IsraelPhones’s discretion, until the actual return of the Equipment. The customer will be charged, in addition to any rental fees or liquidated damages, the applicable minimum airtime for the period between the End Date and the date of return of the Equipment. In addition, insurance fees shall be payable until the phone is returned to IsraelPhones. To remove any doubt, nothing stated in this clause shall affect the rights and/or remedies available to IsraelPhones under any law for a delay in returning the Equipment as stated above.
    IsraelPhones reserves the right to reassign a telephone line during the rental period if the Equipment has not been used in three months. Rental and insurance fees shall still be payable until the End Date in this case, at IsraelPhones’ sole discretion.
4.   The Rental Fee: The customer shall pay IsraelPhones a rental fee as found on IsraelPhones’ website unless stated otherwise in an official correspondence from IsraelPhones on company letterhead. In the event that the customer terminates the period of the rental before the date set out in the Order, the customer shall continue to pay rental and insurance fees until the end of the rental period stated in the Order, or until an earlier date at the discretion of IsraelPhones.
5.   Additional charges: The customer undertakes to pay IsraelPhones, with regard to use of the Equipment, all the charges set out in the Order form completed by the customer, including, but not limited to IsraelPhones’s delivery and pickup fees as set out at www.israelphones.com;, charges for the use of air time payable to other operators connected with the use of the services, including for international calls; internet usage; and charges for any other cellular services provided by IsraelPhones or its affiliated networks to the customer.
    The basic price of air time, the prices of calls, the subscriber’s fee and network services for which the customer shall be charged shall be in accordance with IsraelPhones’s rates and the rates of other telecommunications providers, including licensees and operators. IsraelPhones reserves the right to amend such rates at any time, without prior notice. The basic rates can be found at www.israelphones.com. Customers are advised to contact IsraelPhones’ Customer Service regarding the rates of calls and services not appearing on the web site.
    Use of the Equipment outside of Israel, roaming off the cellular network and or calls placed via the incorrect local or international access numbers will result in a higher per-minute charge, and the customer shall be liable for all such charges. Free calling under the Plans is limited. Beyond monthly limits, the customer will be charged additional fees for services, including, without limitation, for incoming special SMS services. If the customer is charged for a service to which the customer did not subscribe, it is the customer’s responsibility to inform IsraelPhones in order to stop provision of the service and prevent additional charges.
6.   Warranty and Insurance Fee: In the event that the customer purchased warranty and insurance services as set out in the Order, the customer undertakes to pay to IsraelPhones the insurance and warranty fees set out in the Order, for warranty and insurance services as set out below. IsraelPhones reserves the right to amend such fees at any time, without prior notice to the customer, and the amended prices, as found at www.israelphones.com, shall apply to the customer. Insurance fees are payable by the customer until the later of the End Date or the return date, as set out in Section 3 above. To remove any doubt, warranty and insurance services may only be purchased at the time of the Order.
7.   Warranty and Insurance Services:
   
A.   Loss or Theft of Equipment: The customer must immediately report any case of loss and/or theft of Equipment to IsraelPhones at the following two numbers: 1) For Cellcom phones: 052-9990123. 2) For Pelephone phones: 03-5727766., In any case, the customer must also notify IsraelPhones at 1-800-721-111 to report the loss or theft and in order to receive replacement Equipment. Details of the deductibles payable and replacement costs for all Equipment can be found at www.israelphones.com.
Any and all charges incurred using the Equipment, prior to notifying IsraelPhones, will be charged to the customer.
B.   Damage to Equipment/Other: In the event of any damage to Equipment, defect in the Equipment or other insurance claim the customer shall immediately contact IsraelPhones customer service at the numbers above to report the damage or defect and return the Equipment to IsraelPhones for repair. A replacement unit will be provided for the remainder of the rental period under the terms of the Order, at the customer’s request.
    Fees and deductibles payable in the case of damaged Equipment or other insurance claims can be found at www.israelphones.com.
    To remove any doubt, the above deductibles and replacement fees shall be payable even if the customer does not request replacement units upon reporting lost or stolen Equipment.
    IsraelPhones shall not be liable for any costs or damages incurred due to failure of the customer to immediately report lost, stolen, damaged or defective Equipment, in accordance with the provisions of Sections 7(a) and 7(b) above, and reserves the right in any event to charge the customer the full replacement fee for any Equipment that was damaged and/or defaced due to an act of the customer.
8.   Means and Dates of Payment: Upon acceptance of the terms of this agreement, the customer shall confirm a standing order for charging a credit card (hereinafter: charge instructions), for the purpose of making all payments relating to the use of the Equipment rented under this agreement, including the payments mentioned in clauses 4 and 5 above, and payments for any debt and/or expense relating to and/or arising from the use and/or return of the Equipment which is the subject of this agreement. IsraelPhones shall be entitled to collect all the said charges once a month on a date that shall be determined at its sole discretion, by using the aforesaid charge instructions, and the customer hereby consents to such collection. IsraelPhones’s authority to charge the provided credit card shall not prejudice IsraelPhones’s right to demand payment from the customer in addition to charging the credit card at IsraelPhones’s absolute discretion.
9.   Deposit: The customer undertakes to deposit at the time of this agreement, as a condition for renting the Equipment, the amount requested by IsraelPhones at the time of the Order. This amount may vary depending on the rental period and the types of Equipment being rented, and shall be paid by means of the aforementioned charge instructions. IsraelPhones reserves the right to take an authorization of $100 instead of, or in addition to, the abovementioned deposit.
    The amount of the deposit shall serve as surety for the rental, cost of the Equipment (in the event that the customer does not return it to IsraelPhones as set out in this agreement), and all the payments and obligations due to IsraelPhones from the customer under this agreement. IsraelPhones shall be entitled, at its sole discretion and without prior notice to the customer, to demand the amount of the deposit for immediate payment, in any case where the customer does not comply with any of the customer’s undertakings under this agreement. In such a case, IsraelPhones shall be entitled to demand, at its sole discretion, that the customer provide another deposit and/or guarantee in place of the aforesaid deposit, as surety for the undertakings under this agreement, and the customer undertakes to do so immediately at the request of IsraelPhones.
    The required sureties are subject to change without notice at IsraelPhones’s sole discretion.
10.   Use of the Equipment: The customer undertakes to make lawful and reasonable use of the Equipment during the whole of the period it is in the customer’s possession, in accordance with in the provisions of this agreement and in accordance with manufacturer’s instructions for use.
11.   Waiver of Privacy Protection: The customer hereby waives the protection of privacy and confidentiality, and confirms and agrees that IsraelPhones may give the customer’s details (including, but not limited to, name, address and telephone number), as well as information relating to use of the customer’s equipment, to third-party telecommunications providers, law enforcement authorities or courts of law immediately and that, in addition, the rental agreement between him and IsraelPhones may be sent to such third-party telecommunications providers, law enforcement authorities or courts of law. IsraelPhones shall bear no liability for the use of customers’ information by the recipients thereof under this agreement.
12.   Liability of IsraelPhones: The customer confirms that IsraelPhones, its employees and anyone acting on its behalf, shall not be liable for any damage, including special, consequential or indirect damage under this agreement or under any law (hereinafter together: damage).
    The customer hereby confirms that IsraelPhones shall not be liable in any way whatsoever for any damage or expense, direct or indirect, caused to the customer, his person and/or others because of and/or as a result of use of the Equipment and/or its accessories.
13.   Restriction or Termination of Services: The customer declares that third-party telecommunications providers may at any time and at their sole discretion restrict and/or terminate absolutely, temporarily or permanently, the use of their cellular networks by persons renting from IsraelPhones, as a result of capacity limitations of the mobile radio-telephone network, conditions affecting mobile radio-telephone broadcasts, security and/or political limitations imposed on the mobile radio-telephone network, and similar circumstances that shall justify termination of the mobile radio-telephone services, and the customer shall have no demand and/or claim against IsraelPhones resulting from such termination or restriction.
14.   Quality of Use: The customer declares that the service provided by IsraelPhones depends upon the quality and availability of the services of third-party telecommunications providers. Such quality and availability can be affected by, among other factors, tunnels, lapses in coverage, cut-offs in service etc. and lack of signal. It is clarified that in all matters connected with providing a service to the device, IsraelPhones is not liable in any way for the quality and availability of the network of the local operator. The customer shall be estopped from raising any claim whatsoever with regard to the aforesaid against IsraelPhones.
15.   Right of Use: The service provided is for the use of the customer only and it cannot be transferred, with or without consideration to any third party. The Equipment is the sole property of IsraelPhones and may not be transferred to any other cellular service provider/renter. Without prejudice to the aforesaid, the customer shall be liable for any debts and expenses relating to the customer’s telephone number, whether made by the user or authorised by him or not, including, but not limited to, calls and provision of data services, until return of the Equipment to IsraelPhones or such time as the Equipment is reported stolen to IsraelPhones and to the cellular provider, in accordance with clause 7 above.
16.   Accounts: The records and accounts of IsraelPhones and/or the records and accounts of third-party telecommunications providers relating to the Equipment and the services that are the subject of this contract shall constitute absolute proof of the accuracy of their contents and shall bind the customer.
17.   Return of Equipment:
   
A.   The customer shall return the Equipment at the earlier of the End Date or the termination, for any reason whatsoever, of this agreement. Upon its return, IsraelPhones shall check the proper functioning of the Equipment and that all Equipment has been returned. IsraelPhones may deduct from the sureties given to it such amounts as it sees fit at its discretion and which reflect in its opinion the reduction in value of the Equipment that was not returned in proper condition or intact or on time, as specified in this agreement . The customer shall have no claims against IsraelPhones with regard to such deductions. Any accessories that are not returned with the IsraelPhone kit received by the customer are not covered by IsraelPhones’s insurance and the customer will be charged the full replacement value for them.
B.   If the Equipment has not been returned to IsraelPhones within 45 days after the End Date, IsraelPhones shall reserve the right charge the customer the full replacement value of the Equipment, as well as all applicable fees for rental and services.
18.   Assignment of Rights: IsraelPhones shall be entitled to assign to any other party, at its discretion, its rights under this agreement. The customer shall not be entitled to assign the customer’s rights under this agreement.
    The Order form, together with the provisions and terms of the agreement, reflect the whole agreement between the parties, and no change or addition has, or shall have, any validity unless they are written and signed by the two parties.
19.   Jurisdiction: All claims related in any way to this agreement shall be decided by the competent courts in Jerusalem, to which the parties give exclusive jurisdiction. The competent court shall decide every claim as stated according to Israeli law.
20.   The Addresses of the Parties and Notices: The addresses of the parties for the purpose of sending notices in accordance with this agreement are as set out in the Order form. Any written notice sent by one party to the other shall be deemed to have been received by the other party three working days after it was sent.
21.   Billing/General:
   
A.   The Equipment being rented is owned by IsraelPhones. The telephone line shall remain the property of IsraelPhones at all times, and under no circumstances is the customer permitted to change the carrier or the international carrier of the telephone line, or add any services other than those provided under the conditions of the Order. IsraelPhones is entitled to charges rental and service rates as set out in the Order and shall be under no obligation to match any rate offered to the customer by any other carrier. Voicemail calls are billed as regular airtime and outgoing text messages are never free.
B.   Bills will be available at https://www.gcellular.com/israelphoneslogin, and an email advising the customer of a new bill will be sent to the email address provided by the customer. It is the customer's responsibility to advise IsraelPhones of a change in email address or any other contact information, and inform IsraelPhones if an itemized bill has not been received, whether via e-mail or otherwise. All bills will be considered final and correct unless reported to IsraelPhones within 30 days of the end of the current billing cycle.
   
   
 
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