1.1 The general terms provided in the contract and the subject provided, controls the contractual relationships and obligations between LemonSIM, registration N. 037407791 (now onwards known as the Provider); and the Consumer who makes use of the mobile telecommunication services and the acquisition items that are purchased.
1.2 The Provider, LemonSIM offers mobile communication services as per the necessity of prepaid or upfront payments compliant to the Contract's general terms and the subject provided; the consumers confirms, with the submission of the order, that they are conscious of the contract and agree to the terms and conditions provided in the Contract. Supplemental to the provided terms of Contract, comes the price list description and services that are found on the website www.lemonsim.com.
1.3 If one or more individual clauses in the Contract becomes wholly or partly invalid on a legal basis, because of a new rule or regulations passed by the government that is legally binding, then the other clauses in the Contract remains effective without any sort of alterations. The Provider has the right to bring about changes to the terms and conditions of the Contract, post signing the Contract, if a situation has changed or if any changes are made to the government legislation.
1.4 The Provider enjoys the right to send across information regarding a relationship based the contract to the email address, fax number or address provided by the Consumer or can send short message (SMS) to the LemonSIM mobile network number of the Consumer.
2.1 The contract and its scope about the mobile telecommunications within the condition of payments made upfront between that of the Consumer and Provider is decided by the real content that is published on the internet in the website, www.lemonsim.com. The present services and list of price, as well as the general conditions of Contract, can be changed by the Provider and there is no necessity to provide Consumer with a preliminary notification.
2.2 The purchases made by the consumer through the Provider, a SIM card that comes with – two PIN numbers (PIN 1 and PIN 2), phone number, two compatible individual codes for de-blocking (PUK 1 and PUK 2), a serial SIM number that comes with 19 digits (these are required for identification purposes when it comes to communicating with the technical support service of the Provider). This needs to be compliant with the present of list of prices.
2.3 LemonSIM SIM card phone number is used to manage Customer within the end of the contract, which comes along with the LemonSIM SIM card issue.
2.4 Inclusive of the offer of the Provider, the Customer is offered with the right to use the voice communications and to send short messages or SMS and also data and information through the mobile networks internationally, in case the technical abilities of the Provider is accredited by a process by international operators.
2.5 While submitting the order related to goods and services, the Consumer needs to be completely conscious that not all of the hardware and devices found in the market can support the technicalities offered by the Provider.
2.6 Provisional flaws, interruptions, restrictions within the mobile communication services offered by the Provider could come out from, amidst others, force-majeure situations and catastrophes, effects of atmosphere, electric supply disruptions that is out of the control of the Provider, civil riots and strikes, which also includes technical adjustment to the hardware and equipment of the Provider (for example, network improvements, equipment relocation) and other such activities (for instance, repair, maintenance on the technical side) (see also p.9).
3.1 The Contract comes into effect from the arrival of the complete payment made by the Consumer to the bank account of the Provider.
3.2 All of the commercial offers and other related written forms are not legally binding on the Provider.
4.1 Hardware delivery (such as GSM equipment, SIM cards) is commonly done within 7 business days of the Customers upfront payment arrival and not exceeding 30 days from the time the upfront payment has arrived. The deliveries are directly sent to the address given by the Consumer. The Consumer needs to meet all the expenses related to provision of incomplete, ambiguous and incorrect data.
5.1 The Consumer should make payments upfront in order to receive any services or facilities by buying the balance and getting to transfer it to the related Balance account.
5.2 The Provider needs to provide the service and deliver the goods on condition of upfront payment only. The payment process is known to be complete only when the amount transferred by the Consumer gets to the Provider's account.
5.3 Balance amounts and the charges associated are taken into consideration for listing the price that is in force. If there are any delays, then related charges are applied as well. The Provider can come up with recalculations that are necessary due to the deductions made on the balance following the receipt of pending incoming funds.
5.4 The Provider let the Consumer to check the balance on prepaid; in order to get this done, the Consumer needs to use the menu of GSM cell phone that helps in checking the balance as found in the directory. The calculation made is unique as per the present situation. By all means, an flawed data of the present account will not let the Consumer to command from the Provider to come up with any service in the related incorrect amount.
5.5 The Provider let the Consumer to inspect their balance online by getting to the website, www.lemonsim.com and by gaining access to his or her personal account on the website. The data found in the account is for information purpose only and the Consumer cannot take grounds for any claims that are inconsistent in nature.
5.6 All the prepaid active connections are closed immediately if it does not have sufficient required balance.
5.7 The funds are sent to the Balance account as soon as the related amount gets into the Provider's account or based on the approval of the deal that is completed by the credit organization. In case an LemonSIM coupon is made use of in order to renew the account, within some minutes, a small worth is added as prepayment.
5.8 If a Consumer is pointing out to a wrong phone number or another person's number, there is a higher chance for the balance to be sent to the incorrect account. If such a situation arises, the Provider cannot be made liable, if there is no fault on the part of the Provider. The Provider is also not liable for any mishandling of the balance and would transfer only the current balance found in another Consumer's account balance to the Consumer who has reported about the wrong top up.
5.9 In case the SIM card is missing, the Provider will need to transfer the present remaining balance to another new SIM card once the old SIM card is blocked, on the Consumer's request and in case the number is kept safe. The Provider will charge the Consumer according to the price list.
6.1 If a user uses the LemonSIM regularly there are chances that the validity of the SIM card can be unlimited. If there is a situation that the SIM card remains unused for a period of 730 days or it is not refilled with balance, then the SIM card gets automatically deactivated and the contract that the service provider has with the customer gets terminated. After the contract is terminated, if there is any balance left in the account, the user can request to return the amount in next 30 days. The request for reimbursement can only be raised through a written application that is to be sent though registered post to the service provider address. Do not forget to include complete and accurate bank details. However, if it is 760 days since the SIM was last used, the service provider has the right to ignore the claims connected to that number and also can assign that number to other customers.
7.1 As mentioned in the website of the company, www.lemonsim.com, all the tariffs, prices and rates for the services offered need to be confirmed by the by the service provider and customers on then- current service rates.
7.2 The customers also confirm that the payments for the services are to be made in accordance with the current tariffs and prices. The current prices are available all the time in the website www.lemonsim.com.
7.3 The voice calls made by the customers are charged as per minute and also if there is call is ended in the middle of a minute, it is rounded off to the next minute. Hence it can be concluded that the actual voice call charges for the customers under SS7 would be one minute multiplied by the real per minute rate.
7.4 The customers keep themselves updated with the changes in rates and tariffs by frequently visiting the website www.lemonsim.com. There are possibilities that these changes can be canceled or executed at any time. After any change in tariff plans, if customers are continuing to use the service, it will be considered that the new rates are accepted and agreed upon by the customers.
7.5 If the SIM card is lost or damaged, the service provider does not bear responsibility to compensate or reimburse the amount to the customer for the service already paid. Additionally, the SIM card cost may not be reimbursed. The SIM card can be blocked by the service provider after receiving a notification or request from the customer.
8.1 The customer has the right to pull out from the contract in 7 working days after receiving the product or service without citing any reason, since customers are the buyers of the services of prepaid mobile communication service through the internet. Customers can send the notification within the above mentioned time period to the email address firstname.lastname@example.org.
8.2 The customer needs to return the product to the service provider, in order to get back the amount, if the contract is being terminated from the customer's side. The reimbursement of amount is possible only when the product is received from the customer in undamaged condition (SIM card or plastic holder is undamaged). The customer has to bear all the shipping and other related expenses. If there is any damage incurred to the product, there will not be any amount reimbursed to the customer.
8.3 The service provider has every right to terminate the contract or connection if the provider feels that the data or the information provided by the customer is fraudulent or wrong. The provider reserves the right to end the service if the provider feels that the connection is being taken for any wrong purpose, to breach the law, has criminal intent or the customer has the intent to harm the service provider or roaming partner equipments, or to violate National security.
9.1 If the customer is on a roaming network, the service provider does not take the responsibility for the delay or disruption of services by the roaming partners, which is outside the control of home service provider network.
9.2 The service provider is not compelled to render service during certain unavoidable and unpredictable circumstances like industrial regulations, acts of God, telecom network failures, wars and strikes. If these kinds of situations persist for more than 2 weeks, then either party has the right to end the contract. In case the provider makes service delays, then the customer has the legal right to end the contract after the expiry of the notification period specified by the customer.
9.3 There are several reasons that have influence over the quality and performance of the mobile network. Those reasons may be geographical and environmental factors, radio signals, operational and technical snags like power outage, maintenance and repair works, exceeding the limit of power. There could be some temporary downgrades, power shortage that can lead to the disruption of service as well. Apart from these, there could be some Force Majeure circumstances such as fire breakouts, floods, strikes and disasters that can cause the disruption of services. If there are any such circumstances, the customer is not entitled for any kind of reimbursement because of damages. There will be no reduction in prices and any related claims will not be entertained.
9.4 If there is any delay or default in the roaming partner's network, which is out of reach of the home network service provider, the home network service provider will not be held responsible. The service provider will not also be accountable for the accuracy and completeness of the information received from the third parties when on the roaming network.
10.1 The consent of the customer is mandatory for the service provider in order to process (collecting, gathering, storage) customer data, also for further data processing.
10.2 The service provider is held accountable for using and processing customers' data by adhering to the legislative laws that are relevant. Latvian personal information, technical arrangement and data protection requirements are the chief legislative acts the Provider can execute. The service provider is not allowed to share customer information with the third parties unless it is mentioned in the contract or there is a business need.
10.3 The promotional emails and SMS can be sent to the customer only with the customer's permission. However, this consent can be revoked by the customer at any time.
11.1 If there is any dispute with the Provider regarding the contract, it will be legislated in Republic of Latvia's arbitration court in Riga.
11.2 General Terms & Conditions, delivery and supply o f services are subject to Republic of Latvia's laws. Hence, UN Conventions and legislations on trade, as well as market agreements, will not apply.
11.3 There is no room for any kind of verbal agreements. If there are any changes to be made in the General Terms & Conditions or contract, it should be in written.
11.4 If, due to a legal reason, one or more General Terms & Condition clauses become invalid, the other Terms & Conditions of the contract will remain as it is without any alterations.
12.1 This agreement may be cancelled within 14 days of receipt of your products. Your unused LemonSIM SIM Cards or any other product must be returned with 14 days.
12.2 The SIM Card must still be attached to the original SIM Card holder.
12.3 If we do not receive the Products by the required date, if they have been used, broken or if the Products returned are incomplete, then we reserve the right not to offer a refund. The SIM Card and any other Products are under your responsibility until they are received by us and subject to satisfactory inspection by us.
12.4 Any and all returns of LemonSIM Products should be addressed and sent at your own expense to us. Please contact Customer Service for the address to which your returns should be sent. It's important to underline that proof of sending does not mean proof of receipt by us and you may wish to send such items by recorded delivery for confirmation of receipt by us.
12.5 Refunds (where applicable) will be credited to the Credit Card or Debit Card used for the original purchase after receipt of the returned Products.
13.1 Where applicable, refunds for any Products are made by cheque to your-self or credited to the Debit or Credit Card originally used for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow up to 30 days for the processing of any such refund.
13.2 After you buy Airtime, no chargeback or refund is accepted if more than 1€ of airtime is already used.
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