Preamble

ALTERCAMINO SAS is the publisher and operating company of the website www.roamingbyme.com, with the following activity: development, operation, acquisition, marketing of all services and fixed telecommunications products, mobile or in IP, to the public and businesses, IT services and consulting, development, marketing and resale of software and all products and services related to telecommunications.
These General Terms of Service govern all contracts from the Internet site accessible at the URL http://www.roamingbyme.com. They are between:
ALTERCAMINO SAS, whose trade name is Roaming By Me, with capital of 25,000 euros, registered with the RCS Tarascon under number 801 577 479, having its registered office at 62 rue Michelet 13990 Fontvieille France, represented by Mr Jacques Deleuze as President, (hereinafter ALTERCAMINO), first
And
The CLIENT
The CLIENT and ALTERCAMINO are called collectively the PARTIES.
Important
ALL ORDERS ON-SITE www.roamingbyme.com IMPLIES ACCEPTANCE WITH NO RESERVE BY CUSTOMER, OF THESE GENERAL TERMS OF SERVICE. IT IS IN THESE CIRCUMSTANCES THAT THE PARTIES HAVE AGREED AS FOLLOWS:

Article 1. Definitions

The terms mentioned below have in these GENERAL TERMS OF SERVICE, the following meanings:

SERVICE: means the Roaming By Me Service, available on the website http://www.roamingbyme.com, which allows access to a prepaid mobile international roaming service (2G, 3G, VOIP, ...) and other services (such as credit communications, local numbers, continuity number, ...) in areas covered by its operator partners, and, in most countries worldwide, with a compatible mobile and a Roaming By Me SIM (Subscriber Identity Module). This SIM card provided to the customer, needs to be activated at reception from http://www.roamingbyme.com site. The SIM card is strictly personal, reserved exclusively for the use of Roaming By Me Service, in an approved dedicated mobile for interpersonal communications. It remains the exclusive property of ALTERCAMINO. Each SIM card has a PIN personal code. In case of loss, theft, misappropriation or unauthorized use of the SIM card, the customer must immediately inform ALTERCAMINO by email or on the website www.roamingbyme.com, so that the SERVICE can be suspended. The customer can order on http://www.roamingbyme.com the replacement of his SIM card (keeping the customer attributes) at the effective rate at the time of ordering.

RECHARGE: means the call credit purchased by the CLIENT on http://www.roamingbyme.com site. This call credit is used by the CLIENT for mainly make and receive calls (cost per minute), send SMS (cost per SMS), Internet access (cost per 100 KB). The CUSTOMER may also use that credit to rent phone numbers or use other options or accessories. The remaining call credit will expire 1 year after the last reload. At the moment, the balance goes down to zero, the SERVICE is suspended until recharging, within a maximum period of 6 months. In addition, the SIM card will be deactivated and the associated resources (phone numbers, options, accessories) will be irretrievably lost and the contract will be terminated. Nevertheless, the CUSTOMER may reactivate its SIM card by paying a reactivation fee and agreeing the terms of a new contract. New resources will be allocated to it (numbers, ...).

GSM: refers to the second generation of digital standard (2G) for mobile telephony.

3G: is the digital standard for third generation mobile telephony that allows including access to internet on the move.

SMS: limited to 153 characters. Any message with a length greater will be split into several SMS and the CUSTOMER will be charged for each message sent. If the CUSTOMER sends SMS to multiple people, will be charged for each SMS sent to each recipient.

VOIP: refers to a technology to communicate by voice over IP compatible networks (Internet Protocol) whether private networks or the Internet, wired or wireless (WiFi, 3G, ...).

E-COMMERCE WEBSITE: refers to the website accessible at http://www.roamingbyme.com. E-COMMERCE SITE includes all web pages hosted and products and services offered to CLIENTS.

CLIENT: refers to the contracting partner of ALTERCAMINO that guarantees to have the customer quality as defined by French law and jurisprudence.

GENERAL SERVICE CONDITIONS, TERMS OF SERVICE or TOS: means this contract deemed accepted by the PARTIES.

DELIVERY: Delivery is considered made on the date of the first presentation of the SIM Roaming By Me to the delivery address stated on the order by the CLIENT.

Article 2. Purpose of the contract

These TOS establish the contractual provisions relating to the respective rights and obligations of the PARTIES in the context of the sale of SERVICE performed on the E-COMMERCE SITE.

Article 3. Changes TOS

ALTERCAMINO may change at any time the present TOS. The CLIENT will be informed of the nature of these modifications as soon as they are posted on the website http://www.roamingbyme.com. The changes will take effect seven (7) days after they are posted on the site. Only TOS published the day of the order shall apply. They are made known to the CUSTOMER on the order placed by the CUSTOMER who has accepted them before any confirmation of the latter.

Article 4. Nature of TOS

These TOS confer in no case, the CUSTOMER quality of employee, agent or representative of ALTERCAMINO. The PARTIES further state that the present TOS may in no way be considered as a measure of legal person or any legal entity, and any form of 'affectio societatis' is formally excluded from their relationships.

Article 5. Emergency calls

Emergency calls made from a mobile phone on the GSM network are processed by the network the device is connected with, the handset containaing a valid SIM card or not. However no emergency call made using VOIP technology provided by ALTERCAMINO can not be routed.

Article 6. Quality and service coverage

Mobile SERVICE on 2G or 3G network in the countries covered by ALTERCAMINO, especially geographical coverage or the quality of communication in these countries, depends on the local network operators. ALTERCAMINO can not be held responsible for any bad quality or poor coverage of the SERVICE.
Moreover, a « fair usage » policy applies when the client uses an unlimited day pass . ALTERCAMINO reserve the right to scale access speed down to 2G speed in the rare event that a user’s daily usage significantly exceeds the average on our network or begins to impact ability of other customers to access data services. The scaling should not affect any applications that require 2G speed (like email, web browsing, or chat/messaging applications), but may impact the ability to access high-speed applications (such as audio or video streaming). This limitation will take effect until the end of the 24-hour cycle, where speed will be again at its maximum.

Article 7. Service suspension

ALTERCAMINO operators or partners may need to perform maintenance on their system (software, IT infrastructure, website or network infrastructure) or face a technical problem. ALTERCAMINO partners or operators may be forced to temporarily suspend or restrict the use of all or part of their system or SERVICE until maintenance has been performed or the technical problem solved. The CLIENT can not claim any damages or interest for such suspension or restriction of the use of the System.
On the other hand, ALTERCAMINO may suspend with notification, by any means, without compensation, all or part of SERVICE in case of breach by the CUSTOMER of its legal or contractual obligations. ALTERCAMINO may terminate the contract by any means, without compensation, when a case of suspension has not disappeared within 7 days from the suspension of the SERVICE.

Article 8. Price

All orders placed on the Internet site accessible at www.roamingbyme.com are payable on order. The CUSTOMER may make payment of the order by the following means: Credit Card, PayPal Account. Prices of SERVICE may change at any time depending on the tariff policy of ALTERCAMINO. Rates of the SERVICE are detailed on the E-COMMERCE SITE. Shipping costs are based on the place of destination chosen by the CLIENT. Prices are in euros excluding taxes, or any taxes, depending on the billing country (Metropolitan France, European Union or elsewhere) and the type of customer (individual, company with a VAT number), excluding any participation for processing and shipping. VAT is applicable at the date of conclusion of the CONTRACT. Any rate change will be reflected in the price of the SERVICE.

Article 9. Order

The CUSTOMER may place orders on the website www.roamingbyme.com; Pursuant to Article 1369-5 of the french Civil Code relating to the conclusion of an electronic contract, the CUSTOMER may view the details of his order and its total price, correct any errors, before confirming it to express acceptance.

Article 10. Delivery

The SIM card can be delivered in France, European Union and the world under certain financial conditions detailed on www.roamingbyme.com. The DELIVERY period begins once the order if fully payed. This period will be specified on the CLIENT command verification page

Article 11. Right of Withdrawal

The CUSTOMER has a withdrawal period of 14 (fourteen) days after acceptance of the offer, unless the CLIENT waives his right of withdrawal by activating the SIM card within 14 days.
The right of withdrawal is no penalty. In case of withdrawal, the shipping costs will be reimbursed within the limit of the amount corresponding to the standard transmission mode proposed by the cheaper E-COMMERCE SITE. As for the cost of return, they will be charged to the CLIENT.
The SIM card may be returned to the following address: ALTERCAMINO SAS, 62 rue Michelet 13990 Fontvieille France. ALTERCAMINO is not responsible for the loss of the SIM card from the carrier when exercising the right of withdrawal by the CLIENT. It is advisable to send the CLIENT the SIM card returned by registered mail with return receipt.
The Customer is warned that the right of withdrawal can not be exercised if the SIM card is not returned in new condition (ie not used to make calls or receive or to send or receive messages or data and still attached to its original support). The revocation procedure is described at www.roamingbyme.com.

Article 12. Protection of personal data

As part of the operation of the E-COMMERCE WEBSITE, ALTERCAMINO may collect personal data. These data will be processed according to the purposes for which it was collected.
The policy on the protection of personal data is available at http://www.roamingbyme.com that you acknowledge having read.
This site and the processing of personal data that results are subject of a declaration to the Commission Nationale Informatique et Libertés.
It is recalled that the person whose personal data are processed has the rights of access, rectification and opposition to the processing of personal data. These rights can be exercised in accordance with the law of January 6, 1978, as amended by the Act of 6 August 2004, through a request by email to the address contact@roamingbyme.com or mail paper ALTERCAMINO, Service CNIL, 62 rue Michelet 13990 Fontvieille, France with proof of identity and a legitimate reason if required by law.

Article 13. Liability

The responsibility of ALTERCAMINO will in no event be liable for non-performance or improper performance of the contractual services due to the CLIENT especially when entering the order.
ALTERCAMINO can not be held liable or deemed to have breached these conditions for any delay or failure when the cause of the delay or failure was due to a force majeure as defined by case law the French courts and tribunals.

Article 14. General Provisions

The fact that one of the PARTIES did not require the application of any provision of these TOS, whether permanently or temporarily, shall under no circumstances be regarded as a waiver of that provision. These TOS do not confer any exclusivity in the provision of services, or guarantee of quantity or market share to the CLIENT.
If any provision of these TOS were to be invalid under a legislative or regulatory provisions in force and / or a court decision having authority of res judicata, it will be deemed unwritten but will not affect the validity of the remaining provisions which shall remain fully applicable. The PARTIES will approach in this case to agree a new provision to replace the null and irrelevant, given that the new provision will have to comply as much as possible the spirit and the economic impact on the PARTIES of the provision replaced.

Article 15. Archiving of the contract

Any contract with the Customer corresponding to a command a higher amount to 120 euros TTC will be archived by the SITE E-COMMERCE for a period of ten (10) years.
To access the archived contracts it has signed, the Customer must make the request to contact@roamingbyme.com

Article 16. Applicable law

The interpretation and execution of these TERMS OF SERVICE and all the acts that will be the result, are subject exclusively to French law.
In case of dispute between the PARTIES regarding the interpretation, implementation or termination of the CONTRACT SERVICES and induced, the PARTIES shall endeavor to settle it amicably.

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