THE TERMS AND CONDITIONS BELOW CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN GENESIS GROUP AG, CHE-135.623.633, legal address: Chamerstrasse 172, 6300, Zug, Switzerland, email: firstname.lastname@example.org, tel. +44 78 72 25 0555 (hereinafter- GENESIS, and/or we, and/or us and/or our); AND YOU, THE PURCHASER AND USER OF GENESIS‘S PRODUCTS AND SERVICES. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY AND ACKNOWLEDGE YOUR AGREEMENT TO THESE TERMS AND CONDITIONS BY CLICKING THE “I HAVE READ AND AGREE” BOX ON THE CHECKOUT WEBPAGE.
These GENESIS General Terms and Conditions of Service and Purchase (hereinafter the “Agreement”) constitute the Agreement between you, the customer, on the one hand, and GENESIS on the other, with respect to your purchase and use of GENESIS branded products and services. Carefully read all these terms which include, among other things, Special terms about Data processing and mandatory arbitration of disputes provision.
STANDARD TERMS AND CONDITIONS
Definitions. In this Agreement:
- the terms "We," "Us," "Our," and "GENESIS" mean GENESIS which is providing the products and Services to Your;
- the terms "You," "Your," "Customer," “Account Holder” and "User" means You, an account holder with Us and/or a User of Our Services or Devices;
- the term "Device" means any other phone; any equipment, device, accessory, or other product that We provide You, We sell to You, or is active on Your account with Us; and
- the term "Service" means GENESIS-branded offers, rate plans, options, wireless services, billing services, applications, programs, products, or Devices on your account with us. "Service(s)" also includes any other product or service that we offer or provide to you that references this Agreement.
- Additional Documents that Are Part of This Agreement. Additional terms and conditions will apply when you use certain applications, programs, Devices and Services (collectively “Items”). Such additional terms and conditions will be provided to you prior to your use of such Items. Additional Items and the terms and conditions with respect to such Items may be provided by GENESIS, or by a third party. You agree to be bound by any additional GENESIS terms and conditions, and you agree to be bound by any of the terms and conditions of any third party providing with respect to additional Items you receive. You acknowledge and agree that GENESIS is not responsible for third party Items and associated terms and conditions. You will be provided details on any additional terms and conditions with your selection of any bundled Service. [For employee and organization discounts, the discount percentage may vary from month-to-month based on the terms of the agreement between your employer, association, or other organization and GENESIS. The discount will be zero after your agreement or your organization's agreement with GENESIS ends. Additional terms and eligibility requirements regarding organization discounts will be provided to you.]
- GENESIS’ Policies. Services are subject to our business policies, practices and procedures (“Policies”). You agree to adhere to all of our Policies when you use our Services. Our Policies are subject to change at any time with or without notice.
- Your Acceptance of this Agreement. You must have the legal capacity to accept the terms of this Agreement. Your acceptance of this Agreement becomes effective upon your doing any of the following: a) accepting the Agreement through any printed, oral or electronic statement, including without limitation, via the internet by electronically marking checking the “I HAVE READ AND AGREE” box on the checkout page of the GENESIS Website that you have reviewed and accepted; b) attempting to or in any way using the Services and/or Devices; c) paying for the Services; or d) opening any package or starting any program that says you are accepting the Agreement when doing so. If you do not want to be bound by this Agreement, then do not do any of these things.
- GENESIS protects the privacy of Your and other User and Customer Personal Data and information.
- gree and give Your concept to the processing of Your Personal Data;
- arrant that all personal data provided by You is true, complete, accurate and up-to-date. You are responsible for maintaining and promptly updating this information.
In case if You are User or Customer -legal entity or group account holder, whether natural or legal person, by accepting this Terms and conditions Youconfirm, acknowledge, represent and warrant that the You:
- have informed about and explained to such natural persons the legitimate purposes and legal grounds of the disclosure/transfer and processing of their Personal Data, and
- Assume full and unlimited responsibility for the direct, indirect, punitive, incidental or consequential, actual, special, damages or any damages whatsoever arising due to, from and/or as a direct or indirect result of (1) falsity, untruthfulness, inaccuracy, irrelevance, invalidity or unreliabilityof Your confirmations and warranties herein, and/or(2) invalidity of the consent of natural person You should gain prior to transferring his/her Personal Data to GENESIS(3) falsity, untruthfulness, inaccuracy, irrelevanceof Personal Data You have provided to GENESIS, and/ or (4) out of or in connection to all and anyviolation of the Personal Data procession and protection regulatory enactments committed by You as by the Data Controller of any and all Personal Data You have transferred or provided to GENESIS;
- You are solely responsible for the validity, accuracy, correctness, reliability, quality, stability, completeness or up-to-dateness of Personal Data, You provide to GENESIS.
- Data Controller information:GENESIS GROUP AG, CHE-135.623.633, legal address: Chamerstrasse 172, 6300, Zug, Switzerland, email: email@example.com, tel. +44 78 72 25 0555;
- By using GENESIS Services, You confirm, acknowledge and understand that GENESIS IS ONLY THE DISTRIBUTOR of the Wireless Communication Services, including, but not limited to call services, internet access services, messaging services, sim-cards and other equipment with same functionality, which are provided by the international operators, some of whom are not located in Switzerland or EEA. GENESIS by itself IS NOT A TELECOMMUNICATION, including, but not limited to wireless communication service OPERATOR OR PROVIDER within the meaning of law, and in this respect, by accepting this Policy and using GENESIS Services You acknowledge and agree that some of Your pseudonymized/anonymized Personal Data, for example: location data and traffic data, will be processed by the telecommunication or wireless communication service operator/provider, in order to and within the purposes of providing You the worldwide telecommunication and wireless communication services and making these services technically feasible (e.g. roaming services).
GENESIS warrants, that GENESIS cooperates only with telecommunication or wireless communication service operators/providers, who
- are the certified, registered or public telecommunication or wireless communication service operators/providers;
- are providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that any Your Personal Data processing will meet the requirements of DPO, DPA and GDPR, and other related regulatory enactments and ensure the protection of the rights of the You as data subject.
- GENESIS does not share or provide any and all of Your identification data, as name, surname, ID document data, correspondence/contact data, payment requisites etc. with or to the telecommunication or wireless communication service operators/providers. GENESIS ensures anonymization and pseudonymisation of any and all data and information, that GENESIS may transfer to the telecommunication or wireless communication service operators/providers, in a manner, that such data and information cannot in any way be associated with You or any other Your data, which the telecommunication or wireless communication service operators/providers have or may have about You.
- If provided by law, including international treaties between Switzerland and the residence state of telecommunication or wireless communication service operators/providers, GENESIS may disclose Your identity and contact information to governmental institutions, law enforcement body, court or other authorized institution or organization of the residence state of telecommunication or wireless communication service operators/providers, on the basis of the legal, grounded and valid request of such authority, institution or law enforcement body, court or other authorized institution or organization.
YOURS AND GENESIS’ RIGHTS AND OBLIGATIONS CONCERNING YOUR USE OF THE SERVICES AND DEVICES
- GENESISreserves the Right to Change this Agreement and Your Related Rights. We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. We will provide you notice of material changes – and we may provide you notice of non-material changes – in a manner consistent with this Agreement (see "Providing Notice to Each Pursuant to This Agreement” section).
Our Right to Suspend or Terminate Services. We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following:
- late payment;
- exceeding an Account Spending Limit;
- harassing / threatening / abusing / offending our employees or agents;
- providing false or inaccurate information;
- interfering with our operations;
- suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies;
- breaching, failing to follow, or abusing the Agreement or Policies;
- providing false, inaccurate, outdated, or unverifiable identification or credit information or becoming insolvent or bankrupt;
- modifying a Device from its manufacturer specifications (for example, rooting the device);
- failing to use our Services for an extended period of time;
- failing to maintain an active Device in connection with our Services; or
- if we believe the action protects our interests, any customer's interests, or our networks.
- Your Right to Change Services &When Changes are Effective. You, the Account Holder can typically change Services upon request. In some instances, changes may be conditioned on payment of certain other charges. Changes to Services are usually effective at the start of the next billing period. 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. You are responsible for any changes to your Services made by a person you authorize, and those changes will be treated as modifications to this Agreement.
- Your Right to Terminate Services. You can terminate Services at any time by sending us an e-mail to firstname.lastname@example.org and requesting that we deactivate all Services. In addition, if you return or provide your Device to GENESIS and fail to either deactivate service on the Device or activate another Device in connection with your Service, we reserve the right to terminate your Service. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Services.
- Credit Checks & Credit Information. We agree to provide you Services on the condition that you have and maintain satisfactory credit according to our standards and policies. You agree to provide information that we may request or complete any applications that we may provide you to facilitate our review. We rely on the credit information you furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with us) to determine whether to provide or continue to provide you Services. The Services we offer you can vary based on your credit history. We may at any time, based on your credit history, withdraw or change Services or place limits or conditions on the use of our Services. You agree to provide us updated credit information upon request. We may provide your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse.
- Account Spending Limits ("ASL"). An ASL is a temporary or permanent limit (typically based on credit history, payment history, or to prevent fraud) that we place on the amount of unpaid charges you can accumulate on your account, regardless of when payment on those charges is due. We reserve the right to determine which charges count toward an ASL. If you have an ASL, we may suspend your Services without prior notice if your account balance reaches the ASL, even if your account is not past due. We may impose or increase an ASL at any time with notice. An ASL is for our benefit only and should not be relied on by you to manage usage.
- Deposits & Returning Deposits. We may at any time require a deposit as a guarantee of payment for you to establish or maintain Service ("Deposit"). By providing us a Deposit, you grant us a security interest for all current or future amounts owed to us. We may change the Deposit at any time with notice. You cannot use a Deposit to make or delay payments. The Deposit, the length of time we hold the Deposit, and changes to the Deposit are determined based on your credit history, payment history, and other factors. Unless prohibited by law, we may mix Deposits with our other funds and it will not earn interest, and we reserve the right to return the Deposit as a credit on your invoice at any time. If your Services are terminated for any reason, we may keep and apply your Deposit to any outstanding charges. We will send any remaining portion of the Deposit to you within 30 days after receiving your outstanding balance.
- Restrictions on Using Services. You cannot use our Services: a) in a way that could cause damage or adversely affect any of our other customers or our reputation, networks, property, or Services; or b) in any way prohibited by the terms of our Services, the Agreement, or our Policies. You cannot in any manner resell the Services to another party.
- Your Device & Number; Caller ID. GENESIS does not manufacture any Device that we might sell to you or that is associated with our Services, and we are not responsible for any defects, acts, or omissions of the manufacturer. The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that we pass through. Device performance may vary based on device specifications (for example, a device's software, memory, and storage), and device performance may impact access to all of our Services. Your Device is designed to be activated on our networks and in other coverage areas that we may make available to you. As programmed, it will not accept wireless service from another carrier. Phone number we assign to you can be changed by us or a third party at any time where it is unavoidable due to a change in underlying supplier, or because of a direction from a regulatory or enforcement agency or due to technical reasons. Where this occurs, we will give you as much notice as is reasonably practicable. Except for any legal right you may have to port/transfer your phone number to another carrier, you have no – and cannot gain any (for example, through publication, use, etc.) – proprietary, ownership, or other rights to any phone number, identification number or other identifier that we assign to you, your Device, or your account. We'll notify you if we decide to change or reassign them.
- Porting/Transferring Phone Numbers. We do not guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a number away from us, then that is considered a request by you to us to terminate all of the Services associated with that number. You are responsible for all charges billed or incurred prior to deactivation. Number portability is not available everywhere.
- Coverage; Where Your Device Will Work; Service Speeds. Our coverage maps/list of countries are available at our authorized retail locations and on our website. The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services you've chosen. Our coverage maps/list of countries are provided to us by our roaming partners. Coverage is not available everywhere. Coverage and Service speeds are not guaranteed. Coverage is subject to change without notice. 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 (for example, network problems, network or internet congestion, software, signal strength, your Device, structures, buildings, weather, geography, topography, server speeds of the websites you access, actions of third parties, etc.) – may result in dropped and blocked connections, slower Service speeds, or otherwise impact the quality of Service. Services that rely on location information, such as GPS navigation, depend on your Device's ability to acquire satellite signals (typically not available indoors) and network coverage. While your Device is receiving a software update, you may be unable to use your Device in any manner until the software update is complete.
- Roaming. The term "roaming" typically refers to coverage on another carrier's network that we may make available to you based on our agreements with other carriers. These agreements may change from time to time, and roaming coverage is subject to change without notice. Your ability to receive roaming coverage depends on the radio transmissions your Device can pick up and the availability of roaming coverage. We make no guaranty that roaming coverage will be available. Roaming coverage may exist both within and outside our network coverage areas. Your Device will generally indicate when you’re roaming. Depending on your Services, separate charges or limits on the number of minutes used while roaming may apply. Certain Services may not be available or work the same when roaming (for example, data Services, voicemail, call waiting, etc.).
- About Data Services & Content. Our 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. Some Data Content is available from us or our vendors, while other Data Content can be accessed from others (for example, third party websites, games, ringers, applications, etc.). We make absolutely no guarantees about the Data Content that you access on your Device. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You're solely responsible for evaluating the Data Content accessed by you or anyone through your Services. We strongly recommend that you monitor data usage by children/minors. Data Content from third parties may also harm your Device or its software. We are not responsible for any Data Content. We are not responsible for any damage caused by any Data Content that you access through your Services, that you load on your Device, or that you request that our representatives access or load on your Device. To protect our networks and Services or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.); impose separate charges; limit throughput or the amount of data that you can transfer; or otherwise limit or terminate Services. If we provide you storage for Data Content that you have purchased, then we may delete the Data Content without notice or place restrictions/limits on the use of storage areas. Data Content stored on a Device, transmitted over our networks, or stored by GENESIS may be deleted, modified, or damaged. You may not be able to make or receive voice calls while using data Services. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you, and you may not receive a refund for any unused portion of the Data Content.
- Specific Terms & Restrictions on Using Data Services. In addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you cannot use our data Services: a) with server devices or host computer applications or other systems that drive continuous, heavy traffic or data sessions; b) as a substitute or backup for private lines or frame relay connections; or c) for any other unintended use as we determine in our sole discretion. We reserve the right to limit, suspend, or constrain any heavy, continuous data usage that adversely impacts our networks performances or hinders access to our networks. If your Services include web or data access, you also cannot use your Device as a modem for computers or other equipment.
- Software License. If GENESIS provides you software as part of the Service and there are not software license terms provided with the software (by GENESIS or by a third party), then GENESIS grants you a limited, revocable, non-exclusive, non-transferable license to use the software to access the Services for your own individual use. You will not sell, resell, transfer, copy, translate, publish, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software. GENESIS may revoke this license at any time.
TERMS AND CONDITIONS CONCERNING SPECIFIC PRODUCTS AND SERVICES
- Nature of our Service. Our rate plans, customer devices, services and features are not for resale and are intended for reasonable and non-continuous use by a person using a device on GENESIS ' affiliate networks.
- Prohibited Network Uses. To ensure the activities of some users do not impair the ability of our customers to have access to reliable services provided at reasonable costs, you may not use our services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of GENESIS’ network or systems. GENESIS reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice or data uses detailed below or if GENESIS’ network, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation. Examples of prohibited voice uses: GENESIS voice services are provided solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described in this policy. GENESIS services may not be used for any other purposes, including, but not limited to: monitoring services, transmission of broadcasts, transmission of recorded material, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals. Examples of prohibited data uses: GENESIS data services are provided solely for purposes of web surfing, sending and receiving email, messaging activities, and downloading of files. Our data services may not be used: a) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web or gaming hosting; b) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; c) to disrupt email use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines; d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; e) for activities adversely affecting the ability of other people or systems to use either GENESIS ' wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; f) for an activity that connects any device to Personal Computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage); or g) for any other reason that, in our sole discretion violates our policy of providing service for individual use.
- Unlimited Use Plans. If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to these GENESIS Prohibited Network Uses.
- Messaging (text, picture and video): Messaging rates are subject to change. Standard message rates are charged when a message is sent or received, whether read or unread, viewed or unviewed, solicited or unsolicited. Unused monthly plan messages do not carry forward. Certain messages, including those to 3rd parties to participate in a promotion or other program, will result in additional charges.
- GPS Navigation: You acknowledge and agree that environment and other factors may limit GPS location information. In addition, GPS Navigation requires you, the Account Holder, to authorize GENESIS to share location and other needed enabling information with third parties. It is the responsibility of the Account Holder to notify Device users that location can be identified while using GPS applications.
- Location Based Services: You acknowledge and agree that environment and other factors may limit location based service information. Location Based Services require an Account Holder's authorization for GENESIS to share location and other needed enabling information with third parties. It is the responsibility of the Account Holder to notify Device users that location can be identified while using location based service applications.
- Data: Services are not available with all GENESIS phones. The amount of data transmitted over the network is measured in kilobytes (KB), megabytes (MB) or gigabytes (GB). Unless specified otherwise 1024KB equals 1MB. 1024MB equal 1GB. Usage is calculated on a per kilobyte, megabyte or gigabyte (depending on your plan) basis and is rounded up to the next whole kilobyte, megabyte or gigabyte. Rounding occurs at the end of each session or each clock hour and at which time we deduct accumulated usage from your plan or assess overage or casual usage charges. You are responsible for all data activity from and to your device, regardless of who initiates the activity. Estimates of data usage will vary from actual use. Your invoice will not separately identify the number of kilobytes, megabytes or gigabytes attributable to your use of specific sites, sessions or services used. Premium content (games, ringtones, songs, etc.) 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. You may not use a phone (including a Bluetooth phone) as a modem in connection with a computer, PDA, or similar device. 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.
- International Roaming: International roaming usage may be invoiced after 30-60 days. Data services and certain calling features (Voicemail, Caller ID, Call Waiting, etc.) may not be available in all roaming areas. Usage initiated near country borders may be carried by a cell site in a neighbouring country and billed at that country's rates.
BILLING, PAYMENTS, CHARGES, FEES AND TAXES
- Monthly Charges: All monthly charges include taxes and GENESIS Surcharges.
- Activation & Miscellaneous Charges. Based on our Policies, GENESIS may charge activation, prepayment, reactivation, program, or other fees to establish or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, etc.). You will be provided notice of these types of fees before we complete the requested transaction.
- 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 – subscription fee, overage, 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 that we may send to you. Depending on your Services, charges for additional services may include operator and directory assistance, voicemail, call forwarding, data calls, texts, and web access. If you the Account Holder allow end users to access or use your Devices, you authorize end users to access, download, and use Services. You may have the opportunity to purchase Services on a subscription basis where we assess subscription charges that allow you access to the Services and/or provide you a certain amount of use of the Services for a defined period of time. Depending on your Service, certain types of subscription charges may be assessed automatically upon activation and automatically assessed for subsequent subscription periods. Subscription Services offered on a recurring basis do not end until terminated by you or us. Subscription charges for recurring Services occur at the beginning of each bill cycle. Information regarding your bill cycle for subscription Services will be provided when you order the Services. For Services offered on a per-day basis, you will generally be charged for use before or at the time of use. In certain instances, we may charge you at some point after you use the Services. Unless otherwise disclosed, Services offered on a per-day basis end 24 hours after Service is initiated.
- Calculation of Your Charges for Billing Purposes for Voice Calls. We round up partial minutes of use to the next full minute. Time starts when you press "Talk" or your Device connects to the network and stops when you press "End" or the network connection otherwise breaks. You are charged for all calls that connect, even to answering machines, voicemail, or voice transcription services. You will not be charged for calls under 3 seconds. For incoming calls answered, you are charged from the time shortly before the Device starts ringing until you press "End" or the network connection otherwise breaks.
- Data Usage: Unless we specifically tell you otherwise, data usage is measured in bytes, kilobytes, megabytes, and gigabytes—not in minutes/time. 1024 bytes equals 1 kilobyte ("KB"), 1024 KB equals 1 megabyte, and 1024 megabytes equals 1 gigabyte. Bytes are rounded up to kilobytes, so you will be charged at least 1 KB for each data usage session ("data session"). Rounding occurs at the end of each data session, and sometimes during a data session. Depending on your data Services, usage may be charged against an allowance or on a fixed price per KB, and you may be subject to limitations on the amount of data usage. If you are charged on a fixed price per KB, any fractional cents will be rounded up to the next cent. You are charged for all data directed to your Device's internet address, including data sessions you did not initiate and for incomplete transfers. As long as your Device is connected to our data networks, you may incur data charges. Examples of data for which you will be charged includes the size of a requested file or Data Content (game, ringer, etc.); web page graphics (logos, pictures, banners, advertisement, etc.); additional data used in accessing, transporting, and routing the file on our network; data from partial or interrupted downloads; re-sent data; and data associated with unsuccessful attempts to reach websites or use applications. These data charges are in addition to any charges for the Data Content itself (game, ringer, etc.). Data used and charged to you will vary widely, even between identical actions or data sessions. Estimates of data usage—for example, the size of downloadable files—are not reliable predictors of actual usage. Your bill won't separately list the number of KB attributed to a specific action/data session.
- Your Bill for GENESIS’ Services. Your bill provides you notice of your charges. It reflects monthly recurring charges (usually billed one bill cycle in advance), fees, taxes, Surcharges, product and equipment charges, subscription charges, and usage/transaction specific charges (usually billed in the bill cycle in which they are incurred). Some usage charges, such as those that depend on usage information from a third party, may be billed in subsequent bill cycles and result in higher than expected charges for that month. Bill cycles and dates may change from time to time. Your bill may also include other important notices (for example, changes to your Agreement, to your Service, legal notices, etc.). Your paper bill may not include itemized billing detail. More specific billing information is available online upon request sent to email@example.com. Paper bills with itemized detail may be subject to an additional charge. Unless prohibited by law, other charges (for example, data Services or taxes and surcharges) will not include itemized detail but will be listed as total charges for a category. The default for all customers is to receive paper less billing. If you require a paper bill you must contact customer service.
- Payments; Late Fees; Recurring Billing. Payment is due in full as stated on your bill. GENESIS reserves the right to apply a late payment charge to the total unpaid balance of your bill (at the highest rate permitted by law) if you do not make payment in full by the date specified on your bill. We may also charge you any costs we pay to a collection agency to collect unpaid balances from you. If we bill you for amounts on behalf of a third party, payments received are first applied to our charges. You may be charged additional fees for certain methods of payment. We may charge you, up to the highest amount permitted by law, for payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked "paid in full") does not waive our right to collect all amounts that you owe us. You authorize regularly scheduled charges to your credit card once signed up for recurring billing. You will be charged the amount of the monthly charge of the plan(s) you have selected, plus overage, if any. A receipt for each payment will be emailed to you and the charge will appear on your credit card statement as "GENESIS." In the event your projected usage/overage will be more than 100% of your monthly recurring charge, GENESIS will charge the overage portion of the debt owed to the credit card you have provided before the end of the bill cycle.
- Taxes & Government Fees. You agree to pay all federal, state, and local taxes, fees, and other assessments that we are required by law to collect and remit to the government on the Services that we provide to you, if applicable. These charges may change from time to time without advance notice.
- Surcharges. You agree to pay all surcharges ("Surcharges"), which may include, but are not limited to: Federal Universal Service; various regulatory charges; GENESIS administrative charges; gross receipts charges and certain other taxes imposed upon GENESIS; or charges for the costs that we incur and pass along to you. Surcharges are not taxes, and we are not required to assess them by law. They are charges we choose to collect from you, are part of our rates, and are kept by us in whole or in part. The number and type of Surcharges will be provided on your invoice and may vary depending upon the location of the billing address of the Device and can change over time. We determine the rate for these charges, and these amounts are subject to change as are the components used to calculate these amounts. We will provide you notice of any changes to Surcharges in a manner consistent with this Agreement (see "Providing Notice to Each Other Pursuant to This Agreement" section). However, since some Surcharges are based on amounts set by the government or based on government formulas, it will not always be possible to provide advance notice of new Surcharges or changes in the number of existing Surcharges. Information on Surcharges is provided during the sales transaction and is available on our website.
- You Must Pay All Undisputed Charges. Any dispute to a charge on your bill must be made within 45 days of the date of the bill that initially contained the charge. Disputes can only be made by writing us as directed on your invoice or elsewhere. You accept and agree that all charges not properly disputed within the above time period are undisputed charges that must still be paid as stated on time in accordance with your bill.
- Currency: GENESIS provides service to customers internationally. Per this agreement, GENESIS will charge its customers at EUR (euro) and/or USD (US Dollars). Pricing showed on our website or printed materials may have pricing in another foreign currency but will be billed out in EUR at the current (current rate at time of charge) international exchange rate. If you would like to be charged in another form of currency, you may request this in writing. GENESIS may honour your request. However, you may be subject to certain bank fees associated with the exchange of currency. You agree to be solely responsible for the payment of such fees.
ADDITIONAL IMPORTANT INFORMATION CONCERNING OUR AGREEMENT
- Call Monitoring: To ensure the quality of our Services and for other lawful purposes, we may monitor or record calls between us (for example, your conversations with our customer service or sales department).
- Authentication and Contact: You, as an Account Holder, may password protect your account information by establishing a personal identification number ("PIN"). You agree to protect your PIN, passwords, and other account access credentials from loss or disclosure. You further agree that GENESIS may, in our sole discretion, treat any person who presents your credentials that we deem sufficient for account access as you or an authorized user on the account for disclosure of information or changes in Service. You agree that we may contact you for Service-related reasons through the contact information that you provide, through the Services
or Devices to which you subscribe, or through other available means, including text message, email, fax, recorded message, mobile, residential or business phone, or mail.
- CPNI. As we provide telecommunications products and Services to you (the account holder), we develop information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information found on your bill ("CPNI"). Under federal law, you have the right and we have a duty to protect the confidentiality of your CPNI. For example, we implement safeguards that are designed to protect your CPNI, including authentication procedures when you contact us. For some accounts with a dedicated GENESIS representative, we may rely on contacting your pre-established point of contact as the standard authentication measure.
- Third-Party Applications. If you use a third-party application, the application may access, collect, use, or disclose your personal information or require GENESIS to disclose your information – including location information (when applicable) – to the application provider or some other third party. If you access, use, or authorize third-party applications through the Services, you agree and authorize GENESIS to provide information related to your use of the Services or the application(s). You understand that your use of third-party applications is subject to the third party's terms and conditions and policies, including such third parties’ respective privacy policies.
- Information on Devices: Your Device may contain sensitive or personal information (for example, pictures, videos, passwords, or stored credit card numbers). GENESIS is not responsible for any information on your Device, including sensitive or personal information. If possible, you should remove or otherwise safeguard any sensitive or personal information when your Device is out of your possession or control, for example when you relinquish, exchange, return, or recycle your Device. By submitting your Device to us, you agree that our employees, contractors, or vendors may access all of the information on your Device.
- If Your Device Is Lost or Stolen. Call us immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft. You will remain liable for any monthly recurring charges associated with the Service on your Device after you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.).
- Disclaimer of Warranties. UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE). WE DON'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON'T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
- You Agree that GENESIS is Not Responsible in Connection with Certain Problems and Losses. You agree that neither GENESIS nor any of its now, or hereafter, existing subsidiaries, affiliates, parent companies, vendors, suppliers, or licensors are responsible for any damages resulting from: a) anything done or not done by someone else; b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device, or network coverage (for example, dropped, blocked, interrupted Services, etc.) or maintenance, upgrade or modification of Services; c) traffic or other accidents, or any health-related claims relating to our Services; d) Data Content or information accessed while using our Services; e) an interruption or failure in accessing or attempting to access emergency services from a Device; f) interrupted, failed, or inaccurate location information services; g) information or communication that is blocked by a spam filter; h) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or GENESIS storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or i) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. You should implement appropriate safeguards to secure your Device, computer, or equipment and to back-up your information stored on each.
- LIMITATION OF LIABILITY – NO CONSEQUENTIAL DAMAGES. TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
- Both You and GENESIS Agree to Try to Resolve Any Disputes Before Commencing Any Form of Action. By entering into this Agreement, you and GENESIS agree to first contact each other concerning any Disputes (defined below) and to provide a written description of the problem, relevant documents and supporting information, and the proposed resolution. We agree to contact each other as described in the "Providing Notice to Each Other Under the Agreement" section.
- We Agree that All Disputes that Cannot Be Resolved Between Ourselves WILL BE SUBMITTED TO MANDATORY ARBITRATION. You and GENESIS agree that if we are unable to resolve any Dispute between ourselves, that all disputes will be arbitrated between us, on an individual basis, not on a class-wide or consolidated basis. This agreement to arbitrate is intended to be broadly interpreted.
We each also agree as follows concerning Disputes and Arbitration:
- "Disputes" are any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if it arises after Services have terminated. Disputes include claims that you bring against our employees, agents, affiliates, or other representatives or that we bring against you. It also includes but is not limited to claims related in any way to or arising out of in any way any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
- If either of us wants to initiate a claim to arbitrate a Dispute, we each agree to send written notice to the other providing a description of the dispute, a description of previous efforts to resolve the dispute, all relevant documents and supporting information, and the proposed resolution. Notices, if any, to you will be sent as described in the "Providing Notice to Each Other Pursuant to This Agreement" section and notice to us will be sent to: GENESIS, c/o Attanasio Consulting, Chamerstrasse 172, 6300 ZUG. We each agree to make attempts to resolve the dispute prior to filing a claim for arbitration. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we each may submit the dispute to formal arbitration.
- Any dispute, controversy, or claim arising out of, or in relation to this contract, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules (www.swissarbitration.org/sa/en/rules.php). The number of arbitrators shall be “one”; The seat of the arbitration shall be Lugano, Switzerland; The arbitral proceedings shall be conducted in English.
- WE EACH AGREE THAT WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A CLASS-WIDE OR CONSOLIDATED BASIS. We each agree that any arbitration will be solely between you and GENESIS (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.
- We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to arbitration.
- Exceptions to Our Agreement to Arbitrate Disputes. This arbitration provision does not prevent you from bringing your dispute to the attention of any federal, state, or local government agency that can, if the law allows, seek relief against us on your behalf.