Ace Telecom and Customer (the Customer) hereby agree to the following terms and conditions with respect to the provision by Ace Telecom to Customer of the wireless telephone and peripheral equipment (the Equipment) and related services (the Services).
Authorization
1.1 If the Customer is an entity other than an individual, then 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.
Delivery
2.1 Ace Telecom will deliver the Equipment at its own risk to the Customer at the address designated by the Customer.
2.2 Ace Telecom will use reasonable efforts to deliver the Equipment by the requested Delivery Time but it shall not incur any liability in the event of any delay caused by force majeure or other circumstances beyond its control.
2.3 The Customer will accept the Equipment when delivered on or before the delivery time.
Charges
3.1 The Customer will pay the Call Charges for all calls made and received on the Equipment and accepted by Ace Telecom or received by one of its representatives.
3.2 The Customer shall be billed for each incoming, outgoing, completed, incomplete or attempted call in full minute increments, with partial minutes rounded to the next full minute, in accordance with cellular billing practices.
3.3 The Customer is responsible for phone service and airtime charges. Customer personally makes the calls for which the charges are imposed.
Billing and Authorization Amount
4.1 The Customer will submit a US-based credit card to Ace Telecom.
4.2 Ace Telecom may, in its sole discretion, accept a non-US credit card from customer.
Liability
7.1 Ace Telecom warrants that the Equipment will be in working order when it is delivered to the Customer but cannot be responsible for the performance of the Equipment or the operation of the telephone network to which it is connected, it being acknowledged by the Customer that Services may be temporarily interrupted (including dropped calls), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment failure.
7.2 ACE TELECOM 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 SERVICES FURNISHED UNDER THIS AGREEMENT.
Subject to Section 8 the Customer shall be solely responsible for and shall indemnify and hold harmless Ace Telecom against all claims, demands and liability arising as a result of lease, possession use, condition, operation or misuse of the Equipment or the cellular phone services provided hereunder whether in breach of Section 5 or otherwise arising howsoever.
ACE TELECOM WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST ACE TELECOM FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
7.3 The Customer shall be liable to Ace Telecom 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 Ace Telecom rights under this Agreement.
7.4 Ace Telecom reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that Ace Telecom detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and Ace Telecom shall have no liability whatsoever to the Customer for such deactivation.
Applicable Law
11.1 This Agreement shall be governed by the laws of the State of Florida. In addition, this Agreement is subject to applicable foreign, federal and state laws and tariffs.
General
12.1 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.
12.2 No waiver by Ace Telecom of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
12.3 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 Ace Telecom or its authorized agent. This Agreement constitutes the entire agreement between Ace Telecom and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Services, other than as set forth herein.
12.4 Ace Telecom is not liable for any lack of privacy which may be experienced with regard to the Services. The Customer authorizes Ace Telecom monitoring and recording of calls concerning the Customer's account or the Services and consents to Ace Telecom use of automatic dialing equipment to contact the Customer. Ace Telecom has the right to intercept and disclose transmissions in order to protect its rights or property.
Trade Marks
13.1 All brand names and trademarks are the property of their respected holders and while we make reference to brand name merchandise we are in no way endorsed or associated by these companies.
Privacy Policy
14.1 Your privacy is very important to us. We respect and protect your privacy. Our site is a safe environment for anyone to visit and shop. We will limit the collection and use of personal information to what is necessary to administer our business and provide you with the highest quality service. We do not share your information with any third parties and is committed to protecting your rights as a consumer. We may, however, link to other Web sites. We are not responsible for the Privacy Policies of other Web sites, and we urge you to examine their policies before disclosing any information. We have taken all possible precautions to ensure safe online ordering for our customers.
Warranty
15.1 Most of our products carry a one-year warranty. Warranty policy does not cover abuse, misuse, consequential damages, repairs not performed by a Ace Telecom Technician, improper installation, product with serial numbers or labels removed or altered, product missing parts or normal wear and tear. Such defective product will be returned at the customer's expense. All warranty items will be credited at the lowest price paid by the customer.
15.2 There is no warranty on Prepaid SIM cards.
OEM Products
16.1 OEM Cellular phone products come with the manufacturers warranty which runs anywhere from 90 days to lifetime. (OEM products are made by the phone manufacturer such as Nokia, Motorola, Ericsson, Samsung, Nextel, etc.)
Chargebacks and Returned Checks
17.1 Returned Checks and credit card Chargebacks will result in additional fees as applicable. Chargebacks will result in an additional charge of $10.00 per incident. Returned Checks will result in an additional fee of $15.00 per incident. Additional fees may apply related to the collection of the debt by the debt collection agency.
Typographical Errors
18.1Ace Telecom Corp. is not responsible for typographical errors or omissions relating to pricing, copy, photography, specifications, or application. In the event of a pricing error Ace Telecom Corp. will contact you via E-mail with the corrected pricing information. Orders with pricing errors will not be honored.
Sales Tax
19.1 We collect sales tax on all purchases sent inside the state of Florida. The current rate is 7.00% of the price of the merchandise. Shipping costs are not taxable.
Disclaimer
20.1 We sell OEM and aftermarket products. We make no claim of association or affiliation to Motorola, Nokia, Ericsson, Nextel, Samsung, Sanyo, Kyocera, etc.
20.2 Your emailed receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Item availability and prices are subject to change at any time, without notice. Ace Telecom reserves the right to limit quantities, and to decline the acceptance of any order for any reason.
20.3 Any copy or reproduction of any content of this website without the express and written consent of Ace Telecom Corp. is prohibited.
Return Policy
All other items must be unused and in
100% resalable condition and include all manuals, warranties, and accessories included. The box must also be in perfect shape and ready for resale.
You may return any product within 15 days from the date of your order for a replacement or a full refund of the purchase price of the item. Return after 15 days will not be accepted. The item(s) will have to be in re-saleable condition. Products cannot be altered, marred or damaged in any way. The item(s) must be returned in original condition and in the original packaging. Never attempt to fix damaged products yourself. It will void both our warranty and that of the manufacturer. Sealed boxes that are opened can only be exchanged. Software products, SIM cards and memory chips sales are final.
Ace Telecom will not be responsible for any Product that becomes defective beyond the 15 days of receipt. The customer will have to contact the manufacturer for further assistance. The item(s) are returned with proof of purchase from Ace Telecom Corp.
You will require an "RMA" (Return Merchandise Authorization) number. An RMA number does not guarantee final disposition, as all returns are subject to inspection. You will need to call us for an RMA number. Any packages sent back to us without RMA number clearly on package will returned to sender. The mailing costs of returning any merchandise to Ace Telecom are the responsibility of the customer. All refunds will be for the original purchase price (and any sales tax if applicable), excluding shipping and handling fees. A 25% restocking fee will be applied for Non-defective items returned after 15 days. Please print the RMA number clearly on the outside of your return package. You must also included a copy of your original invoice. Shipping and Handling, Insurance and all other fees are non-refundable. Any merchandise sent without an RMA number will not be accepted. All shipping charges are not refundable.
