TAS Cell Phone/SIM Service Agreements
The Arrival Store Monthly Phone/SIM Service Agreement
1. This Agreement: The ArrivalStore.com (“TAS”) agrees to provide the customer, as given “Customer Name” in Billing Information on order form, herein known as the CUSTOMER, with a SIM Card (“SC”) and billing services (the "service") within the Republic of South Korea on the terms as established in this agreement. In these service terms, “equipment” means all equipment (including phone, head phones/ear piece, extra batteries) used in connection with the service that may be property of TAS.
2. Charges and Payment: The CUSTOMER is responsible for paying all charges for or resulting from services provided under this Agreement. The CUSTOMER will receive monthly bills that are due in full as shown thereon. The CUSTOMER must, within 10 days of the date of the bill, notify TAS by email (firstname.lastname@example.org), of any dispute the CUSTOMER has with respect to the bill. Charges include, without limitation, airtime, roaming, SMS, recurring monthly service, activation, registration, administrative and late payment charges; regulatory cost recovery and other surcharges; optional feature charges; toll, collect call and directory assistance charges; restoral and reactivation charges; any other charges or calls billed to the CUSTOMER’s phone number; and applicable taxes and governmental fees, whether assessed directly upon the CUSTOMER or upon TAS. All amounts not paid by the due date are considered late and a 5,000 KRW late fee will be added to the next month’s bill. Any credit balance less than or equal to 5,000 KRW at the time of cancellation of the CUSTOMER’s TAS account for the service will not be refunded to the CUSTOMER.
3. Lost or Stolen Phones / SIM Cards: If the CUSTOMER’s SIM Card or Phone has been lost, stolen, or damaged The CUSTOMER will not be responsible for charges incurred after the date of notifying TAS. The CUSTOMER can report the device as lost or stolen and suspend service without an additional charge by contacting TAS at the phone number listed on www.TheArrivalStore.com or by email at phones@TheArrivalStore.com. If there are charges on the CUSTOMER’s bill for calls made after the device was lost or stolen, but before the CUSTOMER reported the loss to TAS, the CUSTOMER will be responsible for the charges. While the CUSTOMER’s phone number is suspended they will remain responsible for complying with all other obligations under this Agreement, including, but not limited to, the monthly service fee. The TAS staff will provide the CUSTOMER with options on how to re-instate TAS SIM card or how to pay to get a replacement Phone, namely, the CUSTOMER will have the option of purchasing a new SIM card or Phone to continue service.
4. Damage: Damage to the CUSTOMER’s Phone (if applicable) might result in the loss of some or all of their deposit.
5. International Calling: CUSTOMERS are responsible for all international charges incurred on the service provided by TAS. In order to affordably call internationally the CUSTOMER will need to use a phone card or calling code. Both offer far discounted rates for calling internationally and are simple to use.
6. Deposit: TAS requires a refundable deposit $275 USD (refundable) + 2.9% payment processing charge which covers credit card or PayPal charges (non-refundable) from all TAS Smart Phone Lease CUSTOMERS. The total charged will be $283.00 of which $275.00 will be returned. The deposit is to be paid prior to Phone activation. The $275 deposit is returned after the service contract has been completed. If applicable, the deposit will be used to (1) pay any outstanding balance or bill on the account and/or (2) cover the cost of any damage or missing accessories. The remainder is returned to the customer, via PayPal or another payment method arranged.
CUSTOMERS will not earn any interest on security deposits or other payments held by TAS.
7. Use of the service: The CUSTOMER should use the service in compliance with law and with service rules adopted by TAS from time to time, including safe driving, health and safety guidelines. Likewise, CUTOMERS should not: use the service for anything other than individual use; resell the service; receive any charge or benefit for the use of the service or provide Internet access or any other feature of the service to any third party; share or transfer the service without the expressed consent and renewal of the SIM card agreement; use the service to transmit or send any bothersome, inappropriate, improper, excessive, threatening or obscene material or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity; engage in any activity that could compromise the security of or disrupt or interfere with the service or any network or computers on the Internet or disrupt or interfere with the services of any Internet access provider. The forgoing are examples of types of use that constitute abuse of the service.
The CUSTOMER hereby agrees that they will not abuse any aspect of the service plan offered by TAS. CUSTOMERS should use only compatible equipment on the service. CUSTOMERS should not (and will not permit anyone other than a TAS authorized person to) reproduce, alter, adjust, repair or tamper with any signaling, identification (including but not limited to the MIN, ESN, APN, MEID, IMEI, IMSI, MSISDN, domain name and other numbers or authentication information) or transmission function or component of any equipment or other device used on or in connection with the service. The service will use certain networks and other facilities. The area in which TAS provides the service may be enlarged or reduced in scope from time to time in TAS' sole discretion.
8. No warranties: To the fullest extent permitted by law, the service is provided on an "as is" and "as available" basis. CUSTOMER use of the service is at their sole risk. TAS does not guarantee timely, secure, error-free or uninterrupted service or receipt of material or messages transmitted over or through the cell phone network or the networks of other companies or in respect to the Internet. The service may fail or be interrupted for reasons including, but not limited to, environmental conditions, technical limitations, defects or failures, limitations of the systems of other telecommunications companies, emergency or public safety requirements, or causes beyond TAS' reasonable control. To the fullest extent permitted by law, TAS disclaims all warranties and conditions (expressed, implied or statutory) relating to the phone service and any phone equipment.
9. Limitation of Liability: To the fullest extent permitted by law, TAS will not be liable to the CUSTOMER or any other person for any damages (direct, indirect, consequential or other, including physical injury, death or damage to property or premises), expenses, loss of profits, loss of earnings, loss of business opportunities, loss of data, or other similar loss, arising out of or in connection with the provision, use or failure of the service, or any equipment used with the service, whether caused by negligence or otherwise, and whether claimed in contract, tort or otherwise. Notwithstanding the foregoing, the liability of TAS for damages caused by negligence on the part of TAS in the provision of mandatory emergency services, except in cases where such negligence results in physical injury, death or damage to your property or premises, or where such damages are caused by the deliberate fault, gross negligence or anti-competitive behavior of TAS, is limited to $20 USD. TAS shall not be responsible for (a) libel, slander, defamation or the infringement of copyright arising from material or messages recorded on the equipment of TAS; (b) damages arising out of CUSTOMER’s act, default, neglect or omission in the use or operation of equipment activated by TAS; (c) damages arising out of the transmission of material or messages on the CUSTOMER’s behalf, which is in any way unlawful.
10. Indemnity: the CUSTOMER will indemnify TAS from all losses, expenses and all manner of actions, claims and judgments sustained by or made against TAS in connection with the CUSTOMER’s use or misuse of the service, any equipment used with the service or violation of these service terms.
11. Phone Number: Regardless of any rights the CUSTOMER may have under applicable laws and regulations, including any right to port a number to another carrier, the CUSTOMER does not own or have any property rights in any phone number assigned by TAS to the CUSTOMER. TAS may, on at least thirty (30) days notice, change any such numbers without liability. The customer is not able to port the phone number to another service or carrier without the expressed consent of TAS.
12. Cancellation Policy:
A) Termination of service within the first 7 days: If the SIM card or Phone is returned within 7 days of delivery and the phone is in “like new condition” or condition equivalent to which it was when delivered, the purchase price of the SIM Card and cell phone deposit will be returned, less the following charges:
-non-refundable activation fee: 15,000 KRW
-initial SIM card fee: 10,000 KRW
-any usage charges on the phone, including but not limited to: percentage of base fee for duration line is opened, outbound calling, internet, TV, text messaging, and any other applicable charges related to use.
B) Termination after 7 days of delivery: TAS Phone Service is a temporary solution for expats moving to South Korea. The monthly rate is dependent upon how long the CUSTOMER commits to using the service; the longer the commitment, the cheaper the monthly service. CUSTOMERS can cancel their service at any time with no penalty; however, if they cancel without fulfilling their initial commitment, their final invoice will include the difference in the monthly fee for each month they used the service.
Example #1: If Scot committed to 12 months, and cancelled after 6, he would be charged at the 3+ month rate for the first 6 months which would be reflected in his final invoice.
Example #2: If Reuben committed to 24 months, and cancelled after 14 months, he would be charged the 12+ month rate for the first for 14 months, and his final invoice would reflect the difference in the base rates.
13. Confidentiality and Privacy: Unless the CUSTOMER provides express consent or disclosure is pursuant to a legal power, all information kept by TAS in respect of the service regarding the CUSTOMER, other than name and address, is confidential and may not be disclosed by TAS to anyone other than: the CUSTOMER or a person who in the reasonable judgment of TAS is seeking the information as your agent; another telecommunications company or a person providing services to TAS or another telecommunications company, but only if the information is to be used for the establishment of, or the efficient and cost effective provision of, telecommunications service and the disclosure is made on a confidential basis with the information to be used only for that purpose; a directory or listing service company for the purpose of listing CUSTOMER name, address and phone number if the CUSTOMER consents and if that company agrees to use the information only for that purpose; an third party agent or company engaged by TAS to evaluate your credit or collect outstanding balances owed to TAS by the CUSTOMER, if the agent requires the information and agrees to use the information only for that purpose; a public authority or its agent if TAS reasonably believes that there is imminent danger to life or property that could be avoided or minimized by disclosure of the information; a law enforcement agency if TAS reasonably believes that the CUSTOMER or anyone using the equipment is engaged in fraudulent or unlawful activities. Express consent may be taken to be given when and/or where the CUSTOMER provides: written consent; oral confirmation verified by an independent third party; electronic confirmation through the use of a toll-free number; electronic confirmation via the Internet; oral consent, where an audio recording of the consent is retained by TAS; or consent through other methods, as long as an objective documented record of the CUSTOMER’s consent is created by the CUSTOMER or by an independent third party. TAS' liability for disclosure of information contrary to these service terms is not limited by the limitation of liability set out above. The CUSTOMER may inspect any TAS records related to the provision of the service, provided that The CUSTOMER pay TAS' related extraordinary costs. The CUSTOMER may request that their name and address not be included on any list provided to any other person or used by TAS, the CUSTOMER’s equipment and TAS services.
The CUSTOMER is responsible for maintaining the condition and quality of their equipment. They shall protect the equipment against loss, unauthorized use, theft or damage. If the equipment is no longer in the CUSTOMER’s possession due to loss or theft or if the CUSTOMER suspects unauthorized use the must contact TAS so that steps may be taken to prevent or cease unauthorized use of the equipment. TAS may, in its sole discretion, alter, limit or delete any part of the online services at anytime.
14. Arbitration: Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future -except for the collection from the CUSTOMER of any amount by TAS) arising out of or relating to: (a) this agreement; (b) equipment or the service; (c) oral or written statements, or advertisements or promotions relating to this agreement or to a product or service, (each, a "Claim") will be referred to and determined by private and confidential mediation before a single mediator chosen by the parties and at their joint cost. Should the parties, after mediation, in good faith fail to reach a settlement, the issue between them shall then be determined by private, confidential and binding arbitration by the same person originally chosen as mediator. By so agreeing, the CUSTOMER waives any right they may have to commence or participate in any class action against TAS related to any Claim and, where applicable, the CUSTOMER hereby agrees to opt out of any class proceeding against TAS otherwise commenced.
15. General: These service terms shall be governed by and construed in accordance with the laws of the Republic of Korea. The agreement is valid from the time of signing, to the date when the equipment is returned in full to the TAS office.
16. Language: The parties have required that these service terms and all documents or notices resulting there from or ancillary thereto be drawn up in the English language.
17. Changes: These service terms (including any rates and charges) may be changed unilaterally by TAS from time to time on at least thirty (30) days notice to the CUSTOMER, and such changes shall become effective once the CUSTOMER uses the service after such thirty (30) day period (which use shall be deemed conclusively to indicate acceptance of such changes).
18. Jurisdiction: Any legal proceedings brought in connection with disputes arising between TAS and any customer using the TAS SIM card Service shall first be submitted to a mediator chosen by TAS. If the dispute cannot be solved with a mediator, the dispute will be submitted to the competent court having jurisdiction over the location of the head office of TAS in King County, Washington.
19. Signature: Every customer will be sent an agreement to be signed digitally. The CUSTOMER then agrees to the information above and accepts full responsibilities of using the TAS Phone Service. The CUSTOMER understands that they will be held responsible to all payments described above and realize that any unpaid fees may be obtained through the use of credit agencies both in South Korea and the CUSTOMER’s country of passport issuance.