Israel Phones

Terms and Conditions

About IsraelPhones

Terms and Conditions for the Rental of Cellular Phones, SIM Cards and Telephone Lines

Whereas

Each of the IsraelPhones division of Global Cellular Corporation (hereinafter: IsraelPhones) and the Airport division of Global Cellular Ltd. located at Ben Gurion airport (hereinafter: Airport Booth) (hereinafter collectively referred to as “Global Cellular”) offers the rental of cellular telephones, SIM cards and telephone lines;

And whereas

the customer is interested in renting from IsraelPhones or from the Airport Booth cellular equipment, which may include cellular telephones, Sim cards, telephone lines, USB modems and/or Aircards, and their respective accessories, as well as any other equipment that IsraelPhones and/or the Airport Booth currently offer 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 filled in either on Global Cellular’s website, via fax, by phone, or at the airport booth (hereinafter: the Order);

Now therefore Global Cellular agrees to rent Equipment to customer subject to customer’s acceptance of the following terms of use, and:
BY USING THE EQUIPMENT CUSTOMER INDICATES ITS ACCEPTANCE OF THE FOLLOWING TERMS

General:

a. The preamble and appendices of this agreement (including the Order) constitute an integral part hereof.

b. These terms and conditions shall apply to both rentals from IsraelPhones and rentals from the Airport Booth, unless where certain terms and conditions specifically relate solely to the Airport Booth,

The Transaction: The customer agrees to rent from Global Cellular, the Equipment as set out in the cellular rental plan as presented on Global Cellular’s website (hereinafter: the Plan), whether at general rates or at the applicable group rate as provided to the group, and cellular telephone services as applicable in accordance with the applicable Plan.

The Period of the Rental: The rental shall begin on the start date as specified in the Order, and shall end when either (A) the Equipment is returned to Global Cellular in its entirety and in working order within 14 days of the date of the end of the rental as stated in the Order, (B) the phone has been declared to Global Cellular as being lost or stolen and the customer has paid all required fees and deductibles or (C) the account is found to be delinquent for non-return of the rental equipment between 14 - 45 days after the end date of the rental as listed at the time of ordering with no usage in that time, and closed with a non-refundable charge for the cost of the rental equipment as designated by Global Cellular (hereinafter: the End Date).

Global Cellular’s rates for delivery and pickup of the Equipment can be found at: www.israelphones.com. Global Cellular 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 Global Cellular, 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. Global Cellular 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 Global Cellular’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 Global Cellular, 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 and any amount paid in advance for service will be non-refundable.

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, Global Cellular shall charge the customer a late return fee in the amount of up to $5 for each day of delay, at Global Cellular’s discretion, until the actual return of the Equipment in addition to the fee for any service plans subscribed to on the account. 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 Global Cellular. For avoidance of doubt, nothing stated in this clause shall affect the rights and/or remedies available to Global Cellular under any law for a delay in returning the Equipment as stated above.

Global Cellular 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 such case, at Global Cellular’ sole discretion.

The Rental Fee: The customer shall pay Global Cellular a rental fee as found on Global Cellular’ website unless stated otherwise in an official correspondence from Global Cellular 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 Global Cellular.

Additional charges: The customer undertakes to pay Global Cellular, 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 Global Cellular’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 Global Cellular 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 Global Cellular’s rates and the rates of other telecommunications providers, including licensees and operators. Global Cellular reserves the right to amend such rates at any time, without prior notice. All bills will have a conversion fee of 3%to reflect the $US/NIS conversion rates. Global Cellular reserves the right to modify existing or contracted rates in case of fluctuations in the currencies market, including but not limited to assessing a fee or surcharge to equalize currency values to the current Israeli shekel. The basic rates can be found at www.israelphones.com. Customers are advised to contact Global Cellular’ Customer Service regarding the rates of calls and services not appearing on the web site.

Any reference to calls and/ or texts in Israel refers solely to Israeli providers and does not include other cellular providers that operate within Israel, including but not limited to Palestinian Authority providers (i.e Wataniya, Jawal etc). Calls and/ or text to these destinations will be charged separately from any plan purchased. Customers are advised to contact customer service for information regarding these rates.

Notwithstanding the above, all products, services and Equipment rented and/or provided at the Airport Booth will be charged in NIS (New Israeli Shekel), with the addition of VAT (value added tax) in accordance with Israeli law. 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 Global Cellular in order to stop provision of the service and prevent additional charges.

Internet access is available on all lines unless requested otherwise. The customer is responsible for all charges incurred while accessing the internet.

Please note that iPhone/Wifi/PDA users may accrue unforeseen high internet charges from data service suppliers for accessing the internet. These devices are notorious for exiting 'free' internet access areas and entering cellular network internet access without warning the user. It is highly recommended that iPhone/Wifi/PDA users either order a discounted data package from Global Cellular or DO NOT access the internet, to prevent excessive fees.

Your Cellular Data Plan (USB Modem rentals not included) is intended for Web Browsing, messaging, and similar activities on your cellular phone, and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example (but not limited to), using your cellular phone as a modem, or hotspot, or tethering your Device to a personal computer or other hardware, are not permitted. In these cases, or in situations of customers who use an inordinate amount of data (more than three times the amount used by the average customer), Global Cellular reserves the right to limit the speed or access of the data service to your line for the remainder of the current billing cycle and/or the immediately following billing cycle and all data plan charges on the account will remain valid charges for this period.

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 Global Cellular the insurance and warranty fees set out in the Order, for warranty and insurance services as set out below. Global Cellular 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.

Warranty and Insurance Services:

Loss or Theft of Equipment: The customer must immediately report any case of loss and/or theft of Equipment to one of the following two numbers: 1) For Cellcom phones: 052-9990123. 2) For Pelephone phones: 03-5727766. In any case, the customer must also notify Global Cellular 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 are as detailed in your contract terms.
Any and all charges incurred using the Equipment, prior to notifying Global Cellular and the provider, will be charged to the customer.

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 Global Cellular’s customer service at the numbers above to report the damage or defect and return the Equipment to Global Cellular for repair. A replacement unit will be provided, within 6 business days, based on the customer’s availability for receipt of the delivery, 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.

For avoidance of 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.

Global Cellular shall not be liable for any costs or damages incurred due to customer's failure to immediately report lost, stolen, damaged or defective Equipment. If the customer does not report defective equipment during the rental period, and allow for the matter to be resolved or for troubleshooting to be attempted, the customer will be liable for all fees and costs associated with the rental until said rental equipment has been returned. Additionally, if the customer reports defects or damage, but does not provide the opportunity for troubleshooting or resolution, the customer shall retain the same liability as described above. Global Cellular reserves the right to charge the customer the full replacement fee and all fees related to the remaining rental period for any equipment that was damaged and/or defaced due to an act of the customer, regardless of whether said equipment was actually replaced or whether services were provided and/or used during the remainder of the rental period.

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. Global Cellular 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. Global Cellular’s authority to charge the provided credit card shall not prejudice Global Cellular’s right to demand payment from the customer in addition to charging the credit card at Global Cellular’s absolute discretion. Any delinquent account(s) may be subject to collection fees including any costs accrued in the collection of said delinquent accounts. Notwithstanding the above, all rental of Equipment and services at the Airport Booth will be charged in advance. In addition, with regard to all rentals at the Airport Booth - the customer shall sign a standing order for credit card charges for the purpose of processing charges relating to additional fees incurred, in excess of the initial plan ordered (including but not limited to contract extensions, over-usage of the allotted plan amount, usage of services not included in the plan, damage or non return of equipment etc). Such additional payments will be charged at the end of each billing cycle and until the rented equipment has been returned, and/or until the contract has been closed with all balances paid in accordance with the terms of the rental.

Deposit: The customer undertakes to deposit at the time of this agreement, as a condition for renting the Equipment, the amount requested by Global Cellular 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. Global Cellular 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 Global Cellular as set out in this agreement), and all the payments and obligations due to Global Cellular from the customer under this agreement. Global Cellular 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, Global Cellular 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 Global Cellular.

With regard to all rentals at the Airport Booth - the customer will also be required to provide credit card information as security, and will sign a voucher for the value of the Equipment at the Airport Booth. Global Cellular will charge the amount on the voucher in the event in which they are unable to collect the remainder of the balance through the standard credit card processing.

The required sureties are subject to change without notice at Global Cellular’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 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 Global Cellular 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 Global Cellular may be sent to such third-party telecommunications providers, law enforcement authorities or courts of law. Global Cellular 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 Global Cellular, 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 Global Cellular 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. If the customer's chosen plan requires the use, purchase or rental of a device not provided by Global Cellular, Global Cellular shall not be liable for any losses, costs or damages incurred due to incompatibility, non-functionality or other failure of said third party device. Global Cellular will make reasonable attempts to assist the customer in troubleshooting the problems caused to the Service by third party devices or, if necessary, provide alternative equipment. However, if the customer refuses the resolution provided by Global Cellular, or is unavailable to troubleshoot the problem or to allow Global Cellular to resolve the matter, the customer shall remain liable for all fees and costs associated with rental of the Equipment until the Equipment has been returned.

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 Global Cellular, 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 Global Cellular resulting from such termination or restriction.

14.

Quality of Use: The customer declares that the service provided by Global Cellular 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, by 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, Global Cellular is not liable in any way for the quality and availability of the network of the local operator. The customer shall be stopped from raising any claim against Global Cellular whatsoever with regard to the aforesaid.

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 Global Cellular 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 authorized by him or not, including, but not limited to, calls and provision of data services, until return of the Equipment to Global Cellular or such time as the Equipment is reported stolen to Global Cellular and to the cellular provider, in accordance with clause 7 above.

16.

Accounts: The records and accounts of Global Cellular 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 prima-facie evidence 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, Global Cellular shall check the proper functioning of the Equipment and that all Equipment has been returned. Global Cellular may deduct from the sureties given to it or add to the balance of the account 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 Global Cellular with regard to such deductions. Any accessories that are not returned with the Global Cellular kit received by the customer are not covered by Global Cellular’s insurance and the customer will be charged the full replacement value for them as designated by Global Cellular.
B.		If the Equipment has not been returned to Global Cellular within up to 14 days after the End Date as listed at the time of ordering, during the following 14 - 45 days after said end date, Global Cellular shall reserve the right to charge the customer the full replacement value of the Equipment as designated by Global Cellular, as well as all applicable fees for rental and service plans active on the account.

18.

Assignment of Rights: Global Cellular 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 (without giving effect to the rules respective of conflict of 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 Global Cellular. The telephone line shall remain the property of Global Cellular 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. Global Cellular is entitled to charge 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. Unlimited usage refers to a fair and reasonable amount as used by an average individual. Use of the unlimited plans is contingent upon an individual’s use of the line. Unauthorized use, outside of the detailed terms, will subject the user to additional fees and/ or cessation of service. If a line’s usage in a single billing cycle is found to be more than three times the average usage per month in airtime minutes and/ or SMS of an IsraelPhones customer, additional charges will be assessed and charged in accordance with the “Pay as you go” rates as detailed in the Long Term rates available on the IsraelPhones website (www.israelphones.com).
B.		Bills are calculated on a quarter of a month prorated basis. Billing takes place between five and ten days after the billing cycle of the phone, following the return of the phone/SIM card, at which time the customer will be notified as to how to access the bill online. The bills will be charged to the credit card which the customer has provided. Due to the fact that rentals may span 2 billing cycles, there is a chance that there will be more than one bill. There will be no duplication of charges. Usage is billed in minute increments unless otherwise specified.
C.		Call data may be received from third party providers at a date later than anticipated, and in this case, Global Cellular reserves the right to charge for it on a later billing cycle, as it cannot be charged until it is received in full from said third party provider. Customers acknowledge that all use of the phone during their rental period and until it is returned, including all calls made, are their sole responsibility, even if call data is received at a later date.
D.		Every device rental has a unique billing cycle (Statement Date) after which bills are generated and customers are notified that they can view their statement on-line.
E.		Rental charges, the cost of packages and the amount of minutes per package are also subject to a prorated rate. That is, the number of minutes as well as the cost of the packages will be prorated, depending on the Statement Date of the phone line of the particular Order. Please note that with Short term packages, all minutes are available for use only for the dates listed at the time of ordering (no more than 3 months).
F.		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 Global Cellular of a change in email address or any other contact information, and inform Global Cellular 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 Global Cellular within 30 days of the end of the current billing cycle.

Any delinquent account(s) may be subject to linkage fees, interest and collection fees including any costs accrued in the collection of said delinquent accounts(s).

What Are You Waiting For - Order Your Israel Cell Phone Now.

To order your phone just fill out our secure online order form. Or feel free to call our toll free number in the US 1-866-8-ISRAEL.
In Israel you can reach us at 1-800-721-111
In the UK please call us at 0-800-404-9642
In Canada call 1-866-302-5512
In Australia: 1-800-076-284
Our South African number is 1-800-076-284
Numero en France (vert) 0-800-901-240