 |
| |
| |
The agreement is between MoboStation, operated by TieUs Technology Corporation, ("we," "us" or "MoboStation") and the user ("you," "user" or "Customer") for MoboStation’s cell phone enhanced communication services (the "Service") using the provided cell phone docking device (the “Equipment”). By activating the Service, you acknowledge that you have read, understood and agree to and accept the terms and conditions set forth in this agreement and that you are of legal age to enter into this agreement.
MoboStation reserves the right to change the agreement, the Service, or our rates at any time (a "Change"). Notices of a Change will be considered given and effective on the date such Notice is posted on MoboStation’s website, www.MoboStation.com, or as may otherwise be required by law. If this Agreement is amended and you do not wish to accept the amendment, you may terminate the Service on the date on which we received your notice of termination, as provided below.
1 Service Distinctions
You acknowledge and understand that the Service is not a telephone service. The Service is a docking system that enhances your cell phone service, and subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before CRTC.
2. EMERGENCY SERVICES - NO 911 DIALING
You acknowledge and understand that the MoboStation is not an independent phone service; it works as a docking system for your cell phone. You should use your own cell phone Service network to dial 911.
3. Service Term
The MoboStation Service is offered on a monthly basis and begins on the date that MoboStation activates your Service and ends on the last day of that month; automatically renewing on a monthly basis at the start of the next month unless you provide written notice to us of cancellation not less than thirty (30) days prior to effective date of termination. As you are acquiring the Service for full monthly terms, when notice is given by you mid-month, you are responsible for payment for the entire month as well as the following month. Accordingly, if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including, without limitation, any unbilled charges, plus a disconnection fee; all of which will immediately become due and payable and are set forth in this agreement. Expiration of the term, or termination of the Service, will not relieve you of your obligation to pay us all accrued and unpaid charges due under this Agreement.
4. Trial Period
If you are unhappy with MoboStation for any reason, you may cancel the Service and return the Equipment within Trial Period (14days after you received the Equipment or initiated the Service). If a Customer who terminates the Service before the expiration of the Trial Period, Equipment must be returned to MoboStation within 10 days from the date of the Termination Notice otherwise a $5 per day late charge will apply, up to a maximum of $90. Returned Equipment must be in the original packaging and in good working condition. If Equipment is lost or is returned incompletely or damaged, a $90.00 fee will apply. You need to contact careservice@MoboStation.com for a form of “Termination Notice e-mail”, which you can print and ship with the returning Equipment. You are solely responsible for the cost and risk of return shipping of Equipment to MoboStation. If you purchased Equipment from a retail store and cancel the service in Trial Period, you shall return the Equipment to the retail store you purchased the Equipment from in person.
5. Service – Usage
You agree to use the Service and Equipment only for lawful and appropriate purposes. You shall not resell or transfer the Service or the Equipment to anyone else. You shall not use the Service or the Equipment in any way that is, abusive, threatening, harassing, deceptive, defamatory, libelous, fraudulent, which breaches or invades another's privacy, or any similar conduct. You are prohibited from using the Service or the Equipment for auto-dialing, continuous or extensive call forwarding, telemarketing, fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Equipment is, or at any time was, inconsistent with normal usage patterns or otherwise inappropriate. If we believe that you have used the Service or the Equipment for an unlawful purpose. MoboStation reserves the right to terminate your service immediately without notice if you violate these policies or other policies set forth on our web site from time to time. Notwithstanding the above, we will provide information in response to law enforcement requests, subpoenas, court orders, and where failure to disclose may result in harm to you or others. We reserve the right to immediately terminate your Service if, in our sole discretion, we determine that you have used the Service or the Equipment in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service.
6. Equipment
To provide our Service, MoboStation may provide Equipment to the Customer. Customer agrees not to change any serial number or Equipment identifier, or to alter or otherwise tamper with the Equipment without the express written consent of MoboStation. We reserve the right to terminate Customer's service should there be any tampering with the Equipment and you will be responsible for all charges in the then current service period. If the Equipment is stolen or if you become aware at any time that your Service is being stolen, or fraudulently or improperly used, you shall notify us immediately, by email or by calling our customer support line. Details regarding such Equipment theft or fraudulent or improper use must be provided. Failure to notify us in a timely manner may result in the termination of your Service and additional charges to you. Until such time as we receive notice of theft, or fraudulent or improper use, you will be liable for all use of the Service using Equipment stolen from you and any and all stolen, fraudulent or unauthorized use of the Service.
7. Charges, Billing and Payment
Credit Card Payment:
MoboStation accepts payments only by credit card. You must provide MoboStation a valid Visa or MasterCard credit card number ("Credit Card"). Your initial use of the Service authorizes MoboStation to charge the credit card number for all charges arising from Customer's use of the Services. The Customer shall notify MoboStation of any change to the Credit Card information including, without limitation, changes in account number, expiration date and change of billing address. If you do not notify us that your card information has changed (i.e. a new card to replace an expired one), your Service may be interrupted and we may charge you a disconnection fee.
You understand that all outgoing calls will be routed through MoboStation network with listed charge rate, if your cell phone is not properly connected to your MoboStation Equipment.
Invoicing:
A monthly invoice will be provided by MoboStation either on-line, Such invoice will show all charges invoiced billed to the Customer’s Credit Card. Charges shall include, monthly service fees, shipping charges, disconnection fees, toll charges, taxes and all other applicable charges. All charges are billed at the end of each service month. Equipment purchases are charged at the time of purchase. MoboStation reserves the right to charge the Customer's Credit Card at any time during a service month if, at any time, you owe to us more than $20. The first month's monthly service fees will be prorated to take into account any partial month of Service after the expiration of the Trial Period. The payment due date is 10 days after invoicing date.
Billing Disputes:
You must dispute any charges for the Services within thirty (30) days of the date of your monthly invoice. The Customer understands and agrees that failure to dispute any charges within such thirty (30) day period constitutes agreement with this invoice and a waiver your right to dispute charges on such invoice. All notices of disputed charges should be sent to: careservice@MoboStation.com.
Late Payment & Non-Payment:
MoboStation may suspend or terminate the Services for nonpayment. All accrued charges shall immediately be due and payable, and a late fee of 1% per day may be added, up to a maximum of $120. Customers will be charged a fee of ten dollars ($10.00) if charges cannot be processed to the Credit Card for any reason. Neither suspension nor termination of the Service shall relieve the Customer from the obligation to pay all amounts owing under this Agreement.
Taxes:
Prices, rates and fees for Service and Equipment do not include applicable provincial or federal taxes or duties (including without limitation Provincial Sales Tax and Federal Goods and Services Tax). The Customer shall pay all applicable taxes, which will be added to any amounts otherwise owed by the Customer under the Agreement.
Charges for Directory Calls (411):
We will charge you $1.25 for each call made to 411 for directory assistance.
8. Termination/Discontinuance of Service
MoboStation reserves the right to suspend or discontinue providing the Service at any time in its sole discretion.
Suspension, disruption, or termination: If MoboStation terminates the Service without reason; you will only be responsible for charges accrued to the date of such termination, including a pro-rated portion of the final month's charges. If your Service is terminated because of your written notice of cancellation or you have violated the terms of this Agreement, you will be responsible for the full month’s charge in which the termination occurs, including without limitation unbilled charges, disconnection fees, outstanding long distance charges, and any fees relating to the return of the Equipment. All such charges shall be immediately due and payable.
9. Early Termination Fee
A Customer, who signs a one year contract and terminates the Service within twelve (12) months after the expiration of the Trial Period, will be charged an early termination Fee in the amount of $70 per Service. And, the equipment must be returned to MoboStation within ten days from the date of the termination Notice otherwise a $5 per day late charge will apply, up to a maximum of $90. Returned Equipment must be in the original packaging and in good working condition. If Equipment is lost or is returned incompletely or damaged, a $90.00 fee will apply. You need to contact careservice@MoboStation.com for a form of “Termination Notice e-mail”, which you can print and ship with the returning Equipment. You are solely responsible for the cost and risk of return shipping of Equipment to MoboStation.
10. Warranty
MoboStation provides one (1) year free failure equipment exchange from the date of purchase. Returned Equipment must be in the original packaging or a $30.00 repackaging fee will apply. You should contact careservice@MoboStation.com for a form of “Exchange Notice e-mail”, which you will print and ship with the returning Equipment. You are solely responsible for the cost and risk of return shipping of Equipment to MoboStation. Replacement equipment will be mailed to you on the date of reception the old one. Other than this, (and only to the extent permitted by applicable law), we make no warranties or conditions, express or implied, including but not limited to, any implied warranties or conditions of merchantable quality, reasonably acceptable quality, fitness of the service or device for a particular purpose, title or non-infringement or any warranty or condition arising by usage of trade, course of dealing or course of performance or any warranty or condition that the Service will meet customer's requirements. Without limiting the foregoing, we provide no warranty or condition that the Service or Equipment will be without failure, delay, interruption, and error, degradation of voice quality or loss of content, data or information. Neither MoboStation nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes Service, Equipment, or products to customer in connection with this agreement or the Service, will be liable for unauthorized access to our or your transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of MoboStation or its service provider's or vendors' negligence. Statements and descriptions concerning the service or device, if any, by MoboStation is agents or installers are informational and are not given as a warranty or condition of any kind.
11. Technical Support
Technical support for Services and Equipment will be provided by MoboStation from 9:30am to 6:00pm, Monday to Friday (Pacific Time).
12. Limitation of Liability, Warranty and Indemnification
Liability:
You expressly understand and agree that MoboStation, its affiliates, subsidiaries, parent companies, partners, agents, network service providers, or employees shall not be liable to the Customer for any direct, indirect, incidental, special, consequential or exemplary damages, or any other damages including but not limited to, damages for loss of revenue or profits, loss of data or content,, or in any other manner in connection with Customer’s use of the the Service or Equipment. You agree that MoboStation will not be liable for any failure of performance due to any causes beyond its control or for any internet interruption, power outage, or Equipment failure, delay in installation, activation or commencement of the Service. MoboStation will not be liable for any act or omission by any other person or entity furnishing services or products related to the Services or Equipment or for damages associated with Service or Equipment that MoboStation does not provide. MoboStation shall not be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control. If, notwithstanding this provision, MoboStation bears any liability for damages or otherwise, the parties agree that MoboStation's liability shall be limited to one hundred dollars $100.
Indemnification:
Customer hereby agrees to indemnify and hold harmless MoboStation and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the Services or Equipment, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.
13. Confirmation
You confirm that we have not given, or offered to give, a rebate, discount or other value you in consideration of you giving us the names of prospective consumers, or otherwise aiding us in making a sale to another person.
14. Governing Law and Dispute Resolution
Governing Law:
The Agreement and the relationship between you and us are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard to its conflict of law provisions.
Mandatory Arbitration and No Jury Trial:
All claims or disputes between Customer and MoboStation arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. The arbitration shall take place in Vancouver, BC and shall be conducted in English. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.
15. Entire Agreement
This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and MoboStation and govern the use of the Service by you, members of your household, guests and employees.
16. Changes to this Agreement
We may change the terms and conditions of the Service and this Agreement, as well as amounts charged under this Agreement, from time to time. Notices will be considered given and effective on the date posted on www.MoboStation.com, or as otherwise may be required by applicable law. Subject to applicable law, such changes will become binding on the date they are posted to our website and no further notice by us is required upon your continued use of the Service. The Agreement as and when posted or otherwise amended in accordance with applicable law, supersedes all previously agreed to electronic and written terms of service. If this Agreement is amended and you do not wish to accept the amendment, you may terminate the Agreement as provided herein. |
|
 |
|
|
 |
|
Terms and Conditions