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The following are the Terms and Conditions for purchases of products and services from XCom Global, Inc. In order to place an order with our company, you must read and agree to the terms and conditions below. It is your responsibility to read and understand the terms and conditions completely and thoroughly, so please do not hesitate to contact XCom Global, Inc. if you have any questions.
XCom Global, Inc. (“XCom”) and you (the “Customer”) hereby agree to the following terms and conditions (“Terms and Conditions”) with respect to the product and service offering by XCom to the Customer of the wireless communication device and peripheral equipment (the “Equipment”), including, but not limited to, wireless devices, SIM cards, data cards, USB modems, mobile hotspots, user guides, chargers, adapters, and related or additional services (the “Services”) which are described herein or included in any agreement between Customer and XCom for products and/or services (“Agreement”).

I. Acceptance of Terms and Conditions

  1. If the Customer places an order via XCom’s web site (www.xcomglobal.com), this will constitute the Customer’s acceptance of the Terms and Conditions. If the Customer places an order via telephone, FAX, or any other method, acceptance of the Equipment shall constitute the Customer’s acceptance of these Terms and Conditions.

II. Authorization

  1. If Customer is an entity other than an individual, the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.
  2. Customer authorizes XCom to verify the Customer’s creditworthiness with a credit reporting agency.

III. Equipment Delivery

  1. An order for Equipment must be placed by the Customer before 2 PM PST (Pacific Standard Time) Monday to Friday (no orders are processed on weekends) in order to be prepared for standard or overnight delivery options. If the Customer’s order for Equipment arrives after 2 PM PST, then the Equipment order will be considered to be placed on the next business day.
  2. From the end of the Usage Term (the rental time period in which the Customer is being charged for the Services), the Customer must ship the equipment back to XCom no later than one (1) business day after customer returns. Late fees begin to accrue on the second (2nd) business day after the Usage Term ends. XCom will track the return via the Fedex Tracking Number and if the equipment is confirmed that it was shipped out later than (1) business day upon customer’s return, late fees will ensue.
  3. XCom Global will take responsibility for the Equipment during transportation to the Customer’s address as designated by the Customer.
  4. Standard delivery dates are business days (non-holidays) Monday through Friday. Saturday delivery is available at additional cost.
  5. XCom will use reasonable efforts to deliver the Equipment prior to the requested Departure Date (the date the Customer is schedule to leave the country), but it shall not incur any liability in the event of any delay caused by force majeure or other circumstances beyond its control.
  6. The Customer will accept the Equipment when delivered on or before the Departure Date, and if for any reason the Customer fails to accept the Equipment when delivered on or before such date, the Customer shall nevertheless be liable for the stated Rental Charge and any applicable cancellation charge per the Terms & Conditions in which the Equipment was ordered.
  7. If the Customer is not present when the Equipment is delivered to the Customer’s address, the Customer is authorizing XCom and its agent or delivery company to drop off the Equipment at the Customer’s shipping address. From the time the equipment is delivered to the Customer’s address, the Customer is responsible for the care of the Equipment.

III. Charges

  1. Rental Period – The number of days between the Departure Date and Return Date.
  2. The Customer will pay daily charges from the Departure Date (the date in which the Customer departs) until the Return Date (the date in which the customer returns) for all of the Equipment specified in the Terms and Conditions until the Equipment is returned to and accepted in writing by XCom. Equipment rental charges apply to full days only (not fractional days).
  3. XCom is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all charges for which the Customer shall be responsible pursuant hereto, whether or not XCom is aware of such charges at the time of the return of the Equipment. All charges and other amounts billed pursuant to this Agreement are payable by the Customer at the end of Rental Period, or if not computed at the end of Rental Period, then upon demand given by XCom to the Customer.
  4. The Rental Charge is charged to customer credit card upon placement of customer order. Any other amounts due to XCom under this Agreement are payable at the end of the Rental Period. XCom shall be entitled to charge interest at the rate of 5% per month (or part month) on any overdue amounts. However, in no event will any late payment charges exceed the highest lawful rate.
  5. If the customer fails to ship the device back to XCom after one (1) business day upon return, late fees will begin the second (2nd) day upon customers return.  Late fees are charged at the Standard Daily Rate, per day/per unit.
  6. Customer shall be liable for and obligated to pay XCom for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce XCom’s rights hereunder.
  7. Pricing. The following are the prices charged for XCom’s equipment and services (Services), and all prices are in U.S. Dollars.

 

Equipment & Services

Standard Pricing

Special Pricing

Description

Mobile Hotspot & Accessories

Mobile Hotspot Flat rate

$7.77/ day

$7.77/day

Wireless Mobile Hotspot charged per day.
Mobile Hotspot Flat rate – Second Country

Free

Free

Additional unit for second country
Mobile Hotspot Flat rate – 3 or more countries

$30.00 / month

$30.00 / month

Charged per month as stated in the Terms & Conditions
Extra internal – Battery

$1.95 / day

$1.95 / day

Extra battery charged per day
Portable Charger Battery Pack

$2.49 / day

$2.49 / day

External USB battery to charge device
Mobile Hotspot- Late Fee

$10.00 / day

$10.00 / day

Charged per day/unit as stated in the Terms & Conditions

USB Modem

USB Modem

$7.77 / day

$7.77 / day

USB Modem charged per day
USB – Second Country

Free

Free

Additional USB modem for second country
USB – 3 or more countries

$30.00 / month

$30.00 / month

Charged per month as stated in the Terms & Conditions
USB Modem – Late Fee

$10.00 / day

$10.00 / day

Charged per day/unit as stated in the Terms & Conditions

Shipping

Shipping

Varies

Varies

FedEx Delivery Service (USA Domestic)
Return Shipping

$29.90

$29.90

2 business day return shipping (USA domestic)
Overnight Shipping

$40.00 (est.)

$40.00 (est.)

Overnight shipping, varies per destination & delivery time
International Shipping

Custom Pricing

Custom Pricing

Maybe available based on XCom’s sole discretion and pricing

Insurance

Insurance 1 to 3 Devices

$3.95 / day

$3.95 / day

Covers loss, theft, or damage of equipment, after $100.00 deductible/per device
($100 Deductible / Device)

per Customer

per Customer

 
 

Fees for Damaged or Lost Items

Mobile Hotspot or USB Modem

$300.00

$300.00

If equipment is lost, stolen, or damaged/no insurance
Charger/Attachments/Other

$25.00 / each

$25.00 / each

Includes missing or damaged wall charger, USB cable, USB cap, outlet adapters, etc
User Guide

$5.00

$5.00

Mobile Hotspot/USB user guide
Travel case

$15.00

$15.00

Leather travel case sent with order
Cancellation Fee

$20.00

$20.00

$20.00 cancellation fee charged within two business days prior to shipping products.
Cancellation Fee

$49.90

$49.90

$49.90 Cancellation fee charged after the product has shipped. ($20.00 + $29.90 S&H)

 

  1. If the Customer is having any difficulty with using the Service while at their destination, the Customer must notify XCom within the Rental Period in order to qualify for any possible refund or discount to a Charge. Any refund or discount to a Charge is provided solely at XCom’s discretion.
  2. Customer must notify XCom in writing of any final disputes regarding Charges within 30 days of receipt of the invoice, or final payment notification, containing the disputed Charge or else the right to dispute the Charge will be waived.

IV. Payment and Forms of Payment

  1. The Rental Charge is charged to customer credit card upon placement of customer order. Any other amounts due to XCom under this Agreement are payable at the end of the Rental Period. XCom shall be entitled to charge interest at the rate of 5% per month (or part month) on any overdue amounts. However, in no event will any late payment charges exceed the highest lawful rate.
  2. XCom may, in its sole discretion, accept a non-US credit card from Customer, in which case XCom will take a deposit in lieu of authorization. XCom will not accept responsibility for any fluctuation in exchange rates during the period in which a deposit is held.
  3. By providing XCom with a Credit Card, the Customer represents that he or she is authorized to make charges on such account.
  4. Debit cards are not accepted form of payment.
  5. XCom accepts Visa, MasterCard, Discover, and American Express.
  6. At XCom’s sole discretion, we may establish invoicing for corporate or other Customers.

V. Use of Equipment

  1. Upon delivery to the Customer, XCom will provide instructions on the use of the Equipment by way User Guide which will be provided via a printed, electronic PDF File, or email version.
  2. The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions within the User Guide and in no other manner.
  3. The Customer agrees that he/she will not:
    1. use the rented equipment within the United States or any country not listed in the original order for purposes other than the setup and configuration. In the event the customer uses the device within the United States or any other country not listed on the order form, XCom global will charge $0.01/KB for data used. XCom reserves the right as stated in Article III, section 3 to charge the customer’s credit card on a delayed basis.
    2. effect any repairs or modifications to the Equipment, or attempt to reverse engineer the Equipment;
    3. remove or interfere with any certification markers affixed to the Equipment;
    4. deface or add to the Equipment;
    5. sublet or allow the use of the Equipment by any third party;
    6. attempt to dispose of the Equipment, or encumber or grant any interest in the Equipment to any third party.
  4. If the option for insurance has been waived, in the event of any loss, damage, theft or disappearance of the Equipment while on rental, regardless of circumstances, the Customer shall pay to XCom on demand, an amount equivalent to the value of the Equipment in accordance with XCom’s then-current listed Equipment sales prices. In the event the Equipment is stolen or lost, the Customer is liable for all Call Charges on such Equipment until it is deactivated by the cellular carrier.
  5. During the Use of Equipment, the Customer should contact XCom with any trouble or customer support issues in order to provide XCom the opportunity to resolve any difficulties.
  6. XCom Global does not guarantee the use of Voice over IP (VoIP) applications such as Skype, Google Voice, etc…

VI. In The Event of Loss or Damaged Equipment

  1. In the event that your Equipment has been lost, damaged, stolen, or disappeared, notify XCom immediately by phone (+1.858.222.8242) or email (support@xcomglobal.com).

VII. Repairs or Damaged Equipment

  1. If the Equipment is not in working order when received by the Customer or subsequently malfunctions then the Customer will notify XCom immediately.
  2. XCom will repair or replace the Equipment as soon as possible after XCom has been notified of the problem by the Customer, and provided the Customer is not in breach of its agreement with XCom, XCom will provide the Customer with the same or similar equipment (which shall constitute Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred.
  3. If XCom finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment in addition to the $300 fee for damaged Equipment.

VIII. Theft, Loss, and Damage Protection

  1. If the Customer has paid for Insurance, then the Customer will not be liable for to pay for any theft, loss, or damages to the Equipment, however, the Customer will be responsible for a deductable payment to XCom per Section III.
  2. This Section will only apply if (a) the Customer has requested and paid for Insurance, and (b) the Equipment is not returned to XCom in accordance with the provisions of these Terms and Conditions due to theft, accidental loss, or inoperable due to accidental damage.
  3. In order to exercise this coverage under Insurance, the Customer shall immediately notify XCom upon the theft or accidental loss or damage to the Equipment. This initial notice should be via phone (+1.858.222.8242), and also must be followed by written notice (support@xcomglobal.com) within 48 hours. The written notice shall (a) describe in detail the facts surrounding the theft, accidental loss or accidental damage, including the date of same, and (b) identify the name of the XCom representative contacted immediately upon loss, as well as the date and time of such contact. Upon request, Customer must provide evidence of theft by submitting a copy of a written police report to XCom.

IX. Ownership

  1. The Equipment will at all times remain property of XCom. Customers have no rights other than temporary use. During the Rental Period, no service or part replacements are authorized without the written approval of XCom.

X. Termination

  1. The use of the Equipment and all Services may be terminated or deactivated without notice by XCom upon any of the following events: (a) XCom has any reason to believe the Equipment was obtained by any misrepresentation or fraudulent means; (b) XCom has any reason to believe that any meter on the Equipment has been tampered with; (c) XCom has any reason to believe the Equipment is or may be used for any illegal or improper purpose, or in violation of applicable laws; (d) a breach of any of these Terms and Conditions including the payment terms; or (e) detection of unusually high usage, or possible theft or fraud. XCom may also, at its discretion and in addition to other remedies available hereunder at law or in equity, take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. XCom may also terminate these Terms and Conditions without any liability whatsoever in the event that Services are not available to XCom or becomes unavailable for any reason. No remedy of XCom shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
  2. Should the Customer (a) obtain use of the Equipment by any misrepresentation or fraudulent means, or (b) tamper with Equipment, or (c) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions, then XCom may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement, (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the Rental Charges. XCom Global may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to XCom Global by a systems operator. No remedy of XCom Global shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.

XI. Applicable Law

  1. This Agreement shall be governed by the laws of the State of California, without giving effect to its choice of laws or provisions. Any legal action or similar proceedings shall be instituted and held in San Diego County, California, and Customer consents to the exclusive venue and jurisdiction of the courts in California. In addition, this Agreement is subject to applicable foreign, federal and state laws and tariffs.

XII. Liability, In-Country Service, & Representations

  1. Fair Use Policy (FUP) – In some countries, a Fair Use Policy may be in place in accordance with the business practices of the local internet service provider (the local in-country wireless network carrier or operator). If a FUP is in place, it may limit the transfer of a specific amount of data over a period of time. Internet service providers commonly apply a cap on the amount of wireless data when an individual user has exceeded a certain amount of data within a specified time period, which can result in a throttling down (slow down) of the connection speed. The Customer acknowledges that a FUP may be in place and accepts this possibility, and the Customer will not hold XCom liable for any FUP, throttling, or related issues which could affect the performance of the Equipment or the Customer’s usage experience.
  2. XCom warrants that the Equipment will be in working order when it is delivered to the Customer, but XCom cannot be responsible for the performance of the Equipment or the operation of the networks to which the Equipment is connected. The Customer acknowledges that Services may be temporarily interrupted (including dropped calls or weak signals), delayed, or otherwise limited due to a variety of causes, including but not without limitation to transmission limitations or interruptions, atmospheric conditions, system capacity limitations, network coverage, cell tower location / placement, wireless signal strength, network system, or equipment failure. The Customer’s particular geographic location within a country, building, or structure, as well as a variety of other related causes, may also affect the Equipment performance. The Customer is also responsible for checking the local operator or carrier’s network coverage map (if any) to affirm that network coverage is available in the Customer’s desired geographic location.
  3. XCOM MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE OR DATA SERVICES FURNISHED UNDER THIS AGREEMENT. EXCEPT AS SET FORTH IN SECTION 3 ABOVE, XCOM DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE PRODUCTS OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  4. Subject to these Terms and Conditions, the Customer shall be solely responsible for and shall indemnify and hold harmless XCom against all claims, demands and liability arising as a result of the lease, possession, use, condition, operation or misuse of the Equipment by Customer or third parties, or of the services provided hereunder, whether in breach of these Terms and Conditions or otherwise arising howsoever. This indemnity provision shall survive the termination of this Agreement.
  5. XCOM WILL IN NO EVENT BE LIABLE FOR NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST XCOM FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL, OR FOR ANY DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
  6. The Customer shall be liable to XCom for all expenses, including reasonable attorneys’ fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce XCom rights under this Agreement.
  7. XCom reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that XCom detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and XCom shall have no liability whatsoever to the Customer for such deactivation.

XIII. General

  1. The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
  2. No waiver by XCom of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
  3. This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by XCom or its authorized agent. This Agreement constitutes the entire agreement between XCom and the Customer with regard to the subject matter hereof, and there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Services, other than as set forth herein.
  4. XCom is not liable for any lack of privacy or security which may be experienced with regard to the Services. The Customer authorizes XCom’s monitoring and recording of calls or data (Services) concerning the Customer’s account or the Services and consents to XCom’s use of automatic dialing equipment to contact the Customer. XCom has the right to intercept and disclose transmissions in order to protect its rights or property.
  5. These Terms and Conditions may be amended or modified by XCom in its discretion at any time by providing notice to Customer of such changes either as a note on the website screen presented immediately after completion of the log in by a Customer, or by email address of the Customer, or by any other reasonable means