ekit.com offers a number of products and services on the Site and through partners, such as global phonecards, international pay-as-you-go mobile phones and SIM cards, toll-free access to send and receive voice messages, email accounts, travel journals and travel tools (collectively, the 'Services'). Registration and payment may be required to use the Services. Pre-payment using a credit card is also required for the use of certain Services. ekit.com may require proof of identity prior to the sale of or use of the Services. Eligibility restrictions, if any, will be noted when registering for each Service. ekit.com will keep a record of all Services provided to you.
You are responsible for your own end material (such as handsets, plug adaptors and chargers) and its proper configuration and installation, in compliance with any regulations and applicable instructions by ekit.com or the manufacturer. You are also responsible for all preparation to install the Service, such as preparing and inserting SIM cards (interface cards) and setting adequate protocols. You agree to follow all instructions to properly insert the SIM card into your mobile phone. You have no right to be assigned or keep a particular phone number. ekit.com has the right to cancel or change any phone number or other address element it may have assigned to you without compensation, if required for operational or technical reasons or as a result of government regulations or new partnerships. ekit.com does not provide mobile phone number or SIM card portability. Any and all rights attached to a phone number assigned by ekit.com to you remain vested in ekit.com. All SIM cards remain the property of ekit.com, which reserves the rights to alter and develop its content as well as claim its return.
ekit.com offers mobile phone and SIM card users a high degree of coverage via the GSM mobile network. Coverage depends on the network, technical and operational capabilities of the roaming partner. Gaps in coverage may nevertheless be encountered even in areas that are designated as covered, particularly inside buildings or remote areas. Lists and maps of coverage areas are available on the Site. ekit.com will update this information when additional service becomes available. ekit.com will make every effort to provide a high level of availability for its mobile network. However, ekit.com is unable to guarantee continuous, trouble-free operation of its mobile network or certain transmission times or capacities (SMS, for example). ekit.com reserves the right to service its mobile network at any time, which may result in temporary disruptions. No representations or guarantees are made with regard to availability, quality, operation or support for voice or data communication on third-party networks or with third-party lines.
ekit.com reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site or the Services including but not limited to products, services, content, features or hours of availability. ekit.com may impose limits on certain features of the Site or the Services, or restrict your access to part or all of the Site or the Services without notice or penalty.
You agree to pay all charges for requested Services in US Dollars. For Services which require pre-payment, you agree to pre-pay for the Service by debiting your credit card the selected amount. The cost of the Service you use will be debited against the prepaid credit using the then current prices for the Service. In the event your charges exceed your pre-paid credit, you agree to pay any amounts owed to ekit.com within seven (7) days from ekit.com's request or ekit.com may immediately suspend the Services. You agree to pay for all charges associated with your account, whether or not the use of your PIN was authorized by you. The charges will be deemed to be correct if they accurately reflect the technical records created by a correctly programmed system. You can request an extract of the Service records in writing (by mail, fax or email) from Customer Service within forty-five (45) days after the disputed charge. ekit.com reserves the right to change the prices for the Services at any time. The current applicable prices, which are quoted in US Dollars, may be found on the Site or by calling Customer Service.
Any deliberate off network usage of the service (an attempt to circumvent the normal operation of the service in order to avoid paying for use) is prohibited. Any off network usage that is recorded will incur a separate surcharge (on top of standard rates):
- $3 per text message
- $3 per minute to make calls and receive calls
This surcharge may not be billed for to 60 days after actual usage.
Any credit balance in your account will expire if you have not made a call using your account for a period of six (6) months. The credit balance may be re-instated by Customer Service, if you recharge your account within six (6) months.
Mobile Phones and SIM Cards
Expiration is when the credit balance in your account is set to zero and the ability to use the service to make or receive calls or text messages is de-activated.
The initial included credit balance expires three (3) month after initial use if you have not added additional credit to the account at the time of purchase or after purchase. Any credit balance in your account will expire if you have not made a charged call or sent a charged text message using your account for a period of six (6) months.
The full credit balance (including any remaining initial included call credit) will be automatically re-instated if you recharge your account with $30 or more within twelve (12) months of last use, or purchase a new SIM card from Customer Service after twelve (12) months.
Your US number remains active and will receive calls and text messages for up to two months after the last use of the service. If you use the service after this two month period you will automatically receive a new US number (it will be sent to you via text message). You can also pay a monthly fee to extend the life of your US number. Simply visit www.rechargeminutes.com, click on the 'Get US number' menu option, enter your number and PIN, and click on the 'Keep Number' button (in the Account status section).
Your Global (44) number is retained indefinitely as long as you recharge minutes at least once every 12 months.
After you have received 500 minutes of free calls, any new calls received for free are diverted to voicemail until the next time a recharge of your account occurs or until recharges totaling $50 or more have been made over the life of the account.
ekit.com does not offer refunds for phonecards. Any remaining credit on a phonecard should be used by making local and international calls, and will expire after six (6) months of inactivity.
Mobile Phones and SIM Cards
ekit.com offers a 100% money-back guarantee of the purchase price (excluding shipping and handling charges) on all mobile phones and SIM cards returned to ekit.com within seven (7) days of receipt. ekit.com will not pay for return shipping costs. All returned products must be returned in 'like new' condition, with all original boxes and packing materials, components, manuals, blank warranty cards and other accessories provided by the manufacturer. You must repack the product in its original packaging, along with all manuals, accessories and related materials, and place the packaged product in a protective outer box. ekit.com will only accept product returns that are accompanied by a 'return number' issued by Customer Service. Please make sure to include your return number in your package. If a mobile phone is returned in an incomplete, scratched or damaged condition, ekit.com reserves the right to refuse to refund the purchase price and the product will be returned to you. Return shipping and handling costs will be billed to your credit card.
ekit.com does not offer refunds for stolen, lost or damaged mobile phones or SIM cards. However, any remaining calling credit can be transferred if a new mobile phone or SIM card is purchased from ekit.com. Please contact Customer Service to arrange your calling credit transfer.
ekit.com does not offer refunds for used SIM cards. Any remaining credit on SIM cards should be used by making local and international calls, and will expire after six (6) months of inactivity.
All defective mobile phones sold by ekit.com must be reported by contacting Customer Service within the following warranty periods:
Customer Service will then determine if further analysis needs to be performed on the mobile phone and will advise you if it is necessary to send the mobile phone in order to be analyzed and, if required, repaired. Mobile phones must be sent to the designated ekit.com location at your expense. You must return your mobile phone in 'like new' condition, with all original boxes and packing materials, components, manuals, blank warranty cards and other accessories provided by the manufacturer. You must repack the mobile phone in its original packaging, along with all manuals, accessories and related materials, and place the packaged product in a protective outer box. If the mobile phone cannot be repaired within thirty (30) days from the date the manufacturer receives it from ekit.com, you may receive a replacement. ekit.com will only be responsible for providing adequate information to receive calls, make outgoing calls, send text messages (SMS), data and to add airtime. All repair and warranty inquiries will be answered when the information is available to ekit.com from its suppliers' service centers.
All defective SIM cards sold by ekit.com must be reported by calling Customer Service within ninety (90) days of purchase. Customer Service will then determine if further analysis needs to be performed on the SIM card and will advise you if it is necessary to send the SIM card in order to be analyzed. The SIM card must be sent to the designated ekit.com location at your expense. You must return your SIM card in 'like new' condition, with all original boxes and packing materials, components, manuals, blank warranty cards and other accessories provided by the manufacturer. You must repack the SIM card in its original packaging, along with all manuals, accessories and related materials, and place the packaged product in a protective outer box. If the SIM card cannot be repaired within thirty (30) days from the date the manufacturer receives it from ekit.com, you may receive a replacement. You authorize ekit.com to load data and software onto your SIM card as required.
ekit.com will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a result of any loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information including, but not limited to, any such loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting from: (a) delays caused by Customs' clearance procedures or those of other regulatory agencies; (b) delays in delivery caused by adherence to shipping company policies regarding the payment of duties and taxes; (c) ekit.com's inability to provide a copy of the delivery record; (d) ekit.com's failure to notify you of any delay or loss of your shipment and its contents; (e) shipments released without obtaining a signature if the recipient has provided authorization by signing a release delivery authorization and indemnification agreement; or (f) ekit.com's shipping company's failure or inability to attempt to contact the sender or recipient concerning incomplete or inaccurate address; incorrect, incomplete, inaccurate or missing documentation; payment of duties and taxes necessary to release a shipment; or an incomplete or incorrect customs broker's address. ekit.com will also not be liable for any package where our records do not reflect that you made a purchase from us.
You agree that all account information provided by you is accurate and up-to-date, and you will promptly notify ekit.com of any changes. You are solely responsible for protecting the confidentiality of your PIN and may not disclose your PIN to any other person. You are also solely responsible for all acts and omissions that occur in connection with your account or PIN, whether or not authorized by you. You agree to notify ekit.com immediately if your PIN is stolen or otherwise passes out of your control so that access using the PIN can be terminated. Until you notify ekit.com, you are responsible for all charges associated with your PIN.
ekit.com will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition to ekit.com's other rights or remedies, you agree to pay ekit.com the sum of five dollars (USD$5) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account (which is ekit.com's genuine estimate of the damage it would suffer) or ekit.com's actual damages, whichever is greater.
You are solely responsible for the content of information and communications transmitted using the Site and the Services. You are responsible for all use of your mobile line, including use by third parties. In particular, you are responsible for the payment of all charges arising in connection with use of your mobile line including goods and services ordered or obtained via your mobile line. PIN/PIN2 and PUK/PUK2 codes and any other security codes that may be assigned should be stored carefully and separately from the mobile phone and the SIM card, and should not be disclosed to anyone. You must comply with all reasonable security procedures and standards with respect to the Service, including activating and periodically changing your PIN code. ekit.com may communicate security issues to you when abuse or misuse is observed or reported by others.
You acknowledge and agree that all content and materials available on the Site and via the Services, including but not limited to the ekit.com name and logos, text, music, software, photographs, and video, are protected by intellectual property and other laws. Except as expressly authorized by ekit.com, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you keep intact all proprietary and other notices.
ekit.com does not claim any ownership rights in the content or materials posted by you or other members. By uploading, posting, transmitting, distributing or otherwise publishing content and materials on the Site or via the Services, you: (a) grant ekit.com a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, modify, publicly perform, publicly display, reproduce, edit, translate, aggregate, reformat, prepare derivative works based upon, distribute and otherwise exploit the content and materials, in whole or in part, on the Site and via the Services; and (b) represent and warrant that you own the content and materials or have the right to grant the license to ekit.com.
In appropriate circumstances and at its sole discretion, ekit.com may suspend or terminate the access of and take other action against users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify ekit.com by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512):
The notification should be sent to ekit.com's copyright agent:
27 Drydock Avenue, Fifth Floor
Boston, MA 02210, USA
All product and service marks that appear on the Site and the Services that are not ekit.com marks are the marks of their owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, product or service.
You agree that ekit.com has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site or via the Services. Notwithstanding this right, ekit.com does not and cannot review all materials posted by users on the Site or via the Services and ekit.com is not responsible for any materials posted by users.
All remarks, submissions, ideas, concepts, pictures or other information you submit to the Site or via the Services will become the exclusive property of ekit.com. ekit.com will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.
THE SITE AND THE SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN 'AS IS', 'AS AVAILABLE' BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EKIT.COM DOES NOT WARRANT THAT THE SITE AND THE SERVICES, OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL EKIT.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE, THE SERVICES, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF EKIT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF EKIT.COM TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS (US$100) IN THE AGGREGATE.
Except as explicitly stated otherwise, any notices shall be given by email to ekit.com at email@example.com or to you at the email address you provide to ekit.com. Notice shall be deemed given twenty four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.