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RealCom Abroad - TERMS AND CONDITIONS

REAL COMMUNICATION ABROAD S.L.

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The following text outlines the Terms and Conditions for the Service Contract between RealCom where “RealCom” refers to the Real Communication Abroad S.L., C.I.F. B-91819870, San Isidoro 30 · 41004 Sevilla and “the Customer” refers to the contract holder. Please read the entire contract and carefully review the rate tables. You must have the legal capacity to accept the agreement. You accept the agreement when you do any of the following: (a) accept the agreement through any printed, oral or electronic statement; (b) attempt to or in any way use the services; (c) pay for the services; or (d) open any package or start any program that says you are accepting the agreement when doing so. By clicking “I agree” (for on-line version) or by signing the contract (for printed version), you agree to be bound by ALL Terms and Conditions. If you disagree with any aspect of these Terms and Conditions, you should not accept the agreement.

BOTH PARTIES AGREE TO THE FOLLOWING:

1. NATURE OF SERVICE - 

The customer agrees to rent one or more of the following: a cellular phone, USB Internet Modem Mobile Broadband, Tablet and/or SIM Card and other accessories from RealCom Abroad. The rental fee for all services varies depending on the plan and rates are specified on the contract and/or the rates chart of our website. The contract grants access to cellular phone and broadband service throughout Spain and Europe* (only available for customers part of Partner Programs - Roaming charges apply outside Spain), subject to the Terms and Conditions outlined below. RealCom Abroad retains the right to suspend the account, close the contract, deactivate the services and charge for replacement costs.

PART I. DEPOSIT FEE

2. REFUNDABLE DEPOSIT - 

RealCom Abroad requires a deposit, as a guarantee of payment, for customers to establish or maintain service ("Deposit Fee"). By providing us a deposit, you grant us a security interest for all current or future amounts owed to us. We reserve the right to change the deposit amount at any time with notice. For rental units, all deposits will be refunded in full upon the return of the rental item in good working condition. Likewise, in order to have your deposit refunded you must not have any outstanding nor upcoming bills. You cannot use a deposit to make or delay payments. RealCom Abroad reserves the right to return the deposit as a credit on your invoice at anytime. If your services are terminated for any reason, we may keep and apply customers deposit to any outstanding charges. We will credit any remaining portion of the deposit to the credit card provided in the contract within 30 days after your final invoice.

PART II. SERVICES

3. VOICE - 

RealCom Abroad phone service includes full access to the Movistar network in Spain and provides customers with a personal phone number that can be assigned before leaving home (Pre-departure registration). In case of theft or if customers simply lose the Sim Card, RealCom Abroad guarantees you the same phone number until contract termination.

4. MESSAGING - 

(Text, picture and video) - Standard message rates are charged when a message is sent or received, whether read or unread, viewed or not, solicited or unsolicited. Certain messages, including those to 3rd parties to participate in a promotion or other program, will result in additional charges. International messaging rates may vary. There is no guarantee that messages will be received, and we are not responsible for lost or misdirected messages. Most text messages are limited to 160 characters. Text messages of more than 160 characters may incur an additional data charge.

5. DATA - 

Services are not available with all RealCom Abroad phones. Usage is calculated on a per kilobyte basis and is rounded up to the next whole kilobyte. Rounding occurs at the end of each session. You are responsible for all data activity to and from your device, regardless of who initiates the activity. Your invoice will not separately identify the number of kilobytes attributable to your use of specific sites, sessions or services used. Premium content (games, ringers, songs, etc.) is priced separately. Services are not available for use in connection with server devices or host computer applications, other systems that drive continuous heavy traffic or data sessions, or as substitutes for private lines or frame relay connections. We reserve the right to deny or terminate service without notice for any misuse or any use that adversely affects network performance. Availability of downloadable or streaming content is subject to change, including but not limited to television channels and radio stations. If user is not subscribed to a data included plan, pay-as-you go charges are incurred when using data applications and services.

6. ABOUT DATA SERVICES & CONTENT - 

RealCom Abroad data services and your device may allow you to access the internet, text, pictures, video, games, graphics, music, email, applications, sound and other materials ("Data Content") or send data content elsewhere. We make absolutely no guarantees about the data content you access on your device. Data content may be: (a) unsuitable for children/minors; (b) unreliable or inaccurate; or (c) offensive, indecent or objectionable. You are solely responsible for evaluating the data content accessed by you or anyone on your account. Data content from third parties may also harm your device or its software. To protect our network, services, or for other reasons, we may place restrictions on accessing certain data content.

7. DATA USAGE LIMITATION - 

(USB Internet Modems and/or Mobile Broadband SIM Cards) - The amount of data transmitted over our network is measured in kilobytes (KB), megabytes (MB) or gigabytes (GB). RealCom Abroad reserves the right to limit throughput speeds of data transferred if usage either exceeds 200 MB, 1GB, 2GB, 5GB or 10GB per month in total depending on the plan contracted. 1024 Kilobytes equal 1 Megabyte. 1024 Megabytes equal 1 Gigabyte.

8. CHANGE SERVICES - 

The contract holder can typically change services upon request. In some instances, changes may be conditioned on payment of an Early Termination Fee or the requirement of a new Term Commitment. Changes to services are usually effective at the start of the next full billing cycle. If the changes take place sooner, your invoice may reflect pro-rated charges for your old and new services. We may, but are not obligated to, provide you the opportunity to authorize someone else to make changes to your services, which will include the authority to make changes that will extend your Term Commitment. You are responsible for any changes made to your services either by you or by a representative authorized by you. All changes made by you or by your authorized representative will be treated as modifications to this agreement.

9. RESTRICTIONS ON USING SERVICES - 

Customers cannot use our services or equipment in a way that could cause damage or adversely affect any of our other customers, our reputation, network, property, and services or in any way otherwise prohibited by the Terms and Conditions of RealCom Abroad services.

10. TERMINATE SERVICES - 

Customers can terminate services at any time by contacting us and requesting that we deactivate all services. If you are subject to a Term Commitment, you may be charged all or part of an Early Contract Termination Fee. You are responsible for all charges billed or incurred prior to deactivation. If services are terminated before the end of your billing cycle, we will pro-rate charges to the date of termination. It is customers responsibility to notify RealCom Abroad and complete a contract termination in order to close an account; otherwise the monthly rental fee will be billed.

11. PAYMENT OF AN EARLY TERMINATION FEE - 

If a customer terminates a Data Service for any reason other than (a) in accordance with the cancellation policy; or (b) pursuant to a change of Terms and Conditions, the customer agrees to pay RealCom Abroad with respect to each device identifier or telephone number assigned to the contract holder, in addition to all other amounts owed, an Early Contract Termination Fee will be applied in the amount of prorated charges to the date of termination.

12. OUR RIGHT TO SUSPEND OR TERMINATE SERVICES - 

We can, without notice, suspend or terminate any service at any time for any reason, including, but not limited to: (a) late payment; (b) exceeding a limit of consumption; (c) harassing/threatening/abusing/offending our employees or agents; (d) providing false information; (e) interfering with our operations; (f) using or suspicion of using services in any manner restricted by or inconsistent with the Agreement; (g) breaching the Agreement or failing to follow our policies; (h) providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt; (i) modifying a device from its manufacturer specifications; (j) failing to use our services for an extended period of time; (k) failing to maintain an active device in connection with the service; or (l) if we believe the action protects our interests, any customers interests or our network.

13. DURATION OF SERVICE CONTRACT - 

The service contract is initiated upon receipt of the Cellular Phone/USB Internet Modem/Tablet and/or SIM Card by the customer, who thereby acknowledges RealCom Abroad to be the sole and exclusive manager of all charges billed to this account until such time as the Cellular Phone/USB Internet Modem and/or Sim Card is returned to RealCom Abroad. Contracts for Special devices (BlackBerrys, iPhones, Tablet, USB Internet Modem) due to the nature of the service require a minimum contract period, which begins with the chosen contract dates.

14. RETURN OF RENTAL ITEMS  - 

All rental items must be returned upon the contract termination date during normal business operating hours. Failure to return rental items upon contract termination will result in the following: immediate contract termination and the credit card provided will be charged the retail value of the rental device. A contract extension can be requested prior to contract termination if additional time is required to return rental items.

15. CONTRACT EXTENSION - 

Customers requesting a contract extension must notify RealCom Abroad and sign a new Service Contract. RealCom Abroad reserves the right to refuse an extension of contract.

16. CONTRACT TERMINATION - 

Rental Cellular Phones, USB Internet Modem/Tablets, SIM Cards and/or accessories, must be returned to RealCom Abroad by close of business on the last day of the contract. Any calls from the final billing cycle, as well as any other pending charges, will be billed upon returning the items in question and closing the account. Each customer agrees to return the device and/or SIM Card including the PIN-PUK card and all related accessories on such date. RealCom Abroad will charge the full price of device, SIM Card and/or accessories if the customer fails to return items on time and cancel the service.

PART III. COVERAGE MAP

17. COVERAGE - 

The specific network coverage you get will depend on the radio transmissions your device can pick up and services youve chosen. Our coverage provides high level estimates of our coverage areas when using services outdoors under optimal conditions. Coverage isnt available everywhere and service speeds are not guaranteed. Service speeds may depend on the service purchased. Actual speeds will vary. Estimating wireless coverage, signal strength and service speed is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control (network problems, network or internet congestion, software, signal strength, your device, structures, buildings, weather, geography, topography, server speeds of the websites you access, etc.), may result in dropped and blocked connections, slower service speeds, or otherwise impact the quality of service.

PART IV. BILLING & PAYMENTS

18. BILLING CYCLE - 

The normal billing period starts on the 18th of the month until the 17th of the following month. The invoice is posted and automatically charged between the first (1st) to fifth (5th) of the following month. However, the last billing cycle ends on the final day of your contract and RealCom Abroad has the right to issue an invoice at any time. The billing of the USB Internet Modem, Tablets and/or BlackBerrys / iPhones will begin the day of their issue. In the case of use during a period inferior to a complete billing cycle (18th-17th), the payment of the quota will be a pro-rated charge proportional to the days of usage.

19. PAYMENT METHOD - 

The customer agrees to provide a valid credit card number to which all accrued phone charges will be billed automatically. By agreeing to the Terms and Conditions the customer acknowledges his or her status as a valid cardholder, duly authorized to assume payment responsibilities. If the customer and the credit card holder is more than one person, under this agreement, each person is equally liable for all the charges. Additionally, the customer pledges to provide RealCom Abroad with accurate and complete information. In the event that it becomes necessary to cancel or otherwise invalidate a credit card used to initiate this Service Contract (e.g., loss or theft of wallet/purse), the customer agrees to immediately modify the credit card information via My Account and set it as default. Alterations in credit card data (e.g., change of billing address, card expiration, etc.) will be understood as voiding the Service Contract. If for any reason the credit card cannot be charged within 10 days of receipt and/or notification of the bill, the customer will be subject to an 8% fee on the total outstanding balance. The Customer is aware and agrees that not receiving invoices or notifications does not exempt them from timely payment of all fees. It is the customers responsibility to contact RealCom Abroad to request the invoices. Note that all charges are made in Euros, we can not disclose rates/prices in any other currency since the exchange rates fluctuates daily.

20. THIRD PARTY CREDIT CARD AUTHORIZATION FORM - 

In the event that contract holder (person using RealCom Abroad Services abroad) is different than credit card holder, a Third Party Credit Card Authorization Form is required. The customer will receive a message with the CCAF to be completed by person whose name is on the credit card. Fake authorizations filled out by customers will be treated as a fraudulent action and will be submitted to the jurisdiction of the courts of Seville, Spain.

21. ACCOUNT & SERVICE CHARGES - 

You are responsible for all charges associated with your account and the services on your account, no matter who adds or uses the services. Charges include, but are not limited to, the monthly recurring charges, usage charges, charges for additional services, taxes, surcharges and fees associated with your services. These charges are described or referred to during the sales transaction, in our marketing materials, and in confirmation materials we may send to you. Depending upon your service agreement, charges for additional services may include operator and directory assistance, voicemail, call forwarding, data calls, texts and web access. The account holder acknowledges that allowing other users to access or use his/her device, is tantamount to authorizing end users to access, download and use services for which the account holder shall be liable for all incurred charges from such usage.

22. DISPUTING CHARGES - 

Any dispute to a charge on your bill must be made within 30 days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing RealCom Abroad as directed on your invoice or elsewhere. You accept all charges not properly disputed within the above time period - undisputed charges must still be paid as stated on your bill.

23. PLACING LIMITS ON YOUR PHONE USE - 

As a cost-cutting measure, RealCom Abroad gives customers the option of limiting calls thereby establishing a Monthly Spending Limit (the default limit for all accounts will be 50 per billing cycle. Customers part of Partner Programs will have a Monthly Spending Limit of 150 ), such that phone service will automatically be suspended and the customer will be informed via text message once the limit has been reached. The customer may change this limit as desired with a minimum of 20. Once the maximum limit is reached, it will be necessary to pay current amount in order to reactivate outgoing call service or wait until the end of the billing cycle (18th of every month). Please note that the limits of consumption requested do not include rental fees and taxes.

* Spending limits requested by customers may be exceeded due to calls or text messages placed before reaching the limit of consumption. Customers part of Partner Programs may also see the Spending Limit exceeded due to roaming charges.

24. SERVICE INTERRUPTION - 

Wireless service may be temporarily interrupted, delayed or limited for a variety of reasons, including, but not limited to, the availability of radio frequency channels, system capacity limitations, coordination with other services or systems, transmission limitations caused by atmospheric and other conditions, equipment modification and repairs, or problems associated with the facilities of interconnecting carriers. There may be gaps in service within the home country service area of the SIM Card. RealCom Abroad does not guarantee the customer uninterrupted service. Due to these external conditions, the customer will not be reimbursed for dropped calls or interrupted service. If the cause of the dropped calls or interrupted service is the actual device, the customer must contact RealCom Abroad for a replacement. No refund will be issued for calls made or for calls that failed to be made due to a broken or faulty device or SIM Card. This includes dropped calls, trial calls or recalling due to in adequate call quality. RealCom Abroad is not responsible for technical problems/incompatibilities that have not been reported to Customer Service. The client is responsible for the full sum of the contracted quota until the day the client reports the incident. Any account with outstanding charges will result in a suspension of services (outgoing and incoming calls or txts and/or internet access) until the balance is paid in full. Customers will be notified of the impending service suspension, via the customers account, 24 hours prior to suspending services.

25. MONTHLY MINIMUM - 

The minimum to be billed per billing cycle to the customers credit card is 5 , unless a special arrangement has been established prior to contract execution.

PART V. PRIVACY & NOTIFICATIONS

26. PRIVACY - 

The applicant consents to the automated handling of personal information as deemed normal and necessary for processing the initial application as well as for establishing and servicing Cellular Phone/Mobile Broadband coverage, including the handling of any pertinent data obtained from third parties with whom the client has been in communication using RealCom Abroad products subject to the legal parameters of Spanish law as it governs the protection of personal data (for details see Ley orgnica 15/1999, 13 December). Information contained in this application will be included in the clients unique online privacy profile in accordance with the above law, to which the client shall have unimpeded access and shall retain the right to question, modify or cancel by way of the service provider (in this case RealCom Abroad). RealCom Abroad does not sell or otherwise share personal information such as customer credit card data, except as necessary to facilitate Customer Care and to execute the Terms and Conditions of this contract.

27. AUTHENTICATION AND CONTACT - 

Customers may password protect the account access by establishing a personal identification code. Customers agree to protect passwords and other account access credentials from loss or disclosure. Customers further agree that RealCom Abroad may, at our sole discretion, treat any person who presents customers credentials for account access as the contract holder or as an authorized user on the account for disclosure of information or changes in service.

28. OFFICIAL NOTIFICATION SYSTEM - 

The customer is aware RealCom Abroad uses the provided My Account mail system as the official way to notify the account holder of all important account information or action. In certain circumstances, a copy of notices will be e-mailed to the customers e-mail address provided during registration. It is the customers responsibility to notify RealCom Abroad of any e-mail changes which can be done through My Account in the My Profile section. Failure to notify RealCom Abroad of an email address change does not render the customer harmless in the event of any important account information changes or liability.

PART VI. RATES

29. RATES - 

The customer acknowledges that lowest per/second outgoing and incoming call and text-messaging rates provided in RealCom Abroads website apply exclusively to calls made within Spain (including the Canary Islands and the Balearic Islands). Calls initiated and received outside Spain, aside from being billed according to the higher rates listed in the outside Spain rate chart, will automatically incur roaming charges for the geographic zone in question (see Roaming rates chart). Call volume is calculated according to the terms of the contract signed by the client. For national calls, call volume will be charged per second, except for the first minute which will always be charged in full.

Taxes (I.V.A.) are not included in the rates.

30. ROAMING - 

(Only available for customers part of Partner Programs). Roaming charges occur when using lines outside of Spain. Calls outside Spain are also subject to additional connection fees, depending upon the local provider of cellular coverage in the area in question, and which in no way is determined by RealCom Abroad. Different service rates apply and conditions of service may vary when Roaming. Base Roaming charges are determined by the serving carrier and may change at any time without notice. Roaming charges may be charged in any month and actual charges billed may not be the same as are imposed by the serving carrier. Roaming charges are not automatically billed to RealCom Abroad accounts, as they directly depend on where the call was made. The charge and the details of the call are then sent to RealCom Abroad. For that reason, spending limits requested by the customer may be exceeded. All data lines (BlackBerrys/iPhones, SIM Cards voice and data) are activated by default when roaming (except USB Internet Modems and Tablets) unless otherwise requested by the customer. Data access while roaming is billed separately and is not included in the flat-fee plan. (See Roaming rates).

PART VII. INSURANCE POLICY

31. OPTIONAL INSURANCE - 

The customer shall have the option of purchasing an additional insurance coverage. In case of theft(Standard Cell Phone, USB Internet Modem) or damage the insurance will cover the full replacement on the first claim. In the event of any additional claims, customer will be charged a deductible indicated on the insurance rates. In case of theft, no replacement phone will be issued until a copy of a police report documenting the incident has been provided to RealCom Abroad including IMEI number, model and phone number. In the case of a reported theft, the IMEI number will be used to block phone service on the cell phone in question so as to render it unusable from that point on. In addition, customers holding the optional insurance coverage may return damaged or defective phones upon termination of the contract at no extra cost.

IMPORTANT: Insurance does not cover lost phones. If you lose your phone you will assume the costs of replacing the SIM Card and the device itself. Theft of BlackBerry, iPhone and Tablet is not cover under the insurance policy.

PART VIII. LOST AND DAMAGE POLICY

32. LOST AND DAMAGED ITEMS - 

In the event that a Cellular Phone/USB Internet Modem, Tablet and/or SIM Card is lost or stolen, the customer will immediately inform RealCom Abroad via My Account or calling (+34) 95 456 4050 or 686 46-7325 (686-GO-REAL) anytime. The customers account will automatically be subject to a replacement fee equivalent to the amount indicated on the Item Delivery Form of the stolen/lost/damaged device or accessory. Without insurance policy coverage, customer agrees to pay for the repair or replacement of any Phone or SIM Card returned in a damaged or defective condition, up to a maximum of the retail value of the device. Calls made in the meantime by third parties from stolen phones will be paid by the contracted customer.

PART IX. OTHERS

33. EXCLUSIVITY - 

The customer agrees not to replace, substitute or re-sell the SIM Card issued by RealCom Abroad during the contract period, nor may the customer lend, rent or re-sell a RealCom Abroad phone to a third party. The phone number issued is property of RealCom Abroad and may not be transferred or carried forward for use in subsequent Service Contracts made with other providers. Use of other SIM Cards in the phones issued under this agreement will result in the voiding of the contract, and will be understood as failure to return rented property to the owner, subject to a 150 charge to the credit card of record.

34. HEALTH - 

The customer agrees not to hold RealCom Abroad responsible for any health risks, real or perceived, that may result from the use of cellular phones.

35. EXCLUSION OF LIABILITY - 

Insofar as it is permissible by law, RealCom Abroad shall not be liable for any injury, loss or damage, whether foreseen or unforeseen directly resulting from:

  • (a) Any unlawful or unauthorized use of the phone by the customer or third parties

  • (b) Any claim arising out of any act or omission by the customer, its servants or agents or arising out of any reliance placed by such persons on call content

  • (c) Any loss, theft or malfunction due to improper use of the customer Phone/USB Internet Modem, Tablet and/or SIM Card purchased from RealCom Abroad

  • (d) Any claim arising in relation to the provision (or non-provision), maintenance or use of telecommunications lines, channels, equipment, networks or services or arising out of calls being dropped for any reason.

36. TO LODGE A COMPLAINT - 

Customers wishing to register a formal complaint about a RealCom Abroad product or service should do so in person at the corresponding RealCom Abroad representative office or contacting the e-mail address info@realcomabroad.com within a period of (1) one month from the date of the incident in question. At this time, or shortly afterwards, RealCom Abroad will provide the customer with a reference number to facilitate the solution of the problem.

37. MODIFICATION - 

We reserve the right to change these Terms and Conditions at any time, and you agree to abide by the most recent version of the Terms and Conditions which may be viewed at www.realcomabroad.com/terms. Any change(s) made will be effective immediately upon posting such change(s) on the website or otherwise providing notice thereof. It is the customers responsibility to return to the Terms and Conditions page periodically to ensure familiarity with the most current version of this agreement.

38. JURISDICTION - 

In the event that the parties in question are unable to resolve any doubts arising from the above contract or its interpretation by the same, such conflicts involving legal proceedings shall be submitted to the jurisdiction of the courts of Seville, Spain, independently of any contrary jurisdictional claim on the part of the client.

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