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Terms & Conditions |
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1. Price
and Payments |
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The price
for the service shall be the quoted price of the Seller, and
payment of the Price shall be made by the Buyer before
provisioning of the service. |
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2.
Service |
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The
Description and quality of the service to be sold (the
Service) shall be as set out in the Description provided by
the Seller to the Buyer (the Description). |
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3.
Delivery |
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The Seller
shall deliver the Service to the Buyer at the e mail address
of the Buyer as shown on the Buyer's submission. Time shall
not be of the essence for delivery. |
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4. Title
and Risk |
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4.1.
The Service shall be at the risk of the Buyer following
delivery.
4.2. Notwithstanding delivery, title in the Service
shall not pass to the Buyer until the Buyer has made payment
of all sums owing to the Seller.
4.3. Until such time as title in the Service passes
to the Buyer, the Seller shall have the right to withhold
the Service. |
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5. Force
Majeure |
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The Seller
shall not be liable for any default due to any circumstance
beyond the reasonable control of the Seller including, but
not limited to, Acts of God, war, civil unrest, riot,
strike, lock-out, acts of civil or military authorities,
fire flood, earthquake or shortage of supply or failure to
deliver of the suppliers of the Supplier. |
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6.
General |
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6.1.
If any term or provision of these Terms & Conditions is held
invalid, illegal or unenforceable for any reason by any
Court of competent jurisdiction such provision shall be
severed and the remainder of the provisions hereof shall
continue in full force and effect as if these Conditions had
been agreed with the invalid illegal or unenforceable
provision eliminated.
6.2. The Seller may without the consent of the Buyer
sublicense its rights or obligations or any part of these
Conditions.
6.3. The headings in these Conditions are for ease of
reference only and shall not affect the interpretation of
any of the Conditions. |
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7.
Entire Agreement |
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Each of the
parties agrees that save in respect of statements made
fraudulently it shall have no remedy in respect of any
untrue statement upon which it relied in entering this
Agreement and that its only remedies shall be for breach of
contract. |
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8.
Software |
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The sale of
software on the UnlockItNow.com website is final. The
customer is expected to research all aspects of a software
applications capabilities before making a purchase. By
purchasing software on the UnlockItNow.com website you agree
that you have accepted and understand the software's
capabilities and capacity to carry out the specific
operation for which it is intended. Further, no refunds can
be offered or given to customers after the purchase of
software in a case where the customer decides that the
software cannot fulfil their expectations. A refund may be
considered if the software fails to function in part or
completely. However the customer may be required to provide
video evidence showing the software failing to function
before a refund will be considered. Due to the nature of
digital downloads, and the ease of which downloadable
software can be reproduced, we have to take necessary
precautions against attempted fraud. |
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9.
Guarantee |
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UnlockItNow.com can only guarantee that the service will
fulfil the customers expectations if the following criteria
are met:
9.1 The information provided on the submission form
when ordering the service is 100% correct
9.2 The instructions provided with the service have
been followed EXACTLY as stipulated
9.3 The target mobile phone is not stolen or
blacklisted
9.4 The target mobile phone is not already unlocked
9.5 The software of the target mobile phone has never
been altered, changed or tampered with in any way
9.6 The IMEI number of the target mobile phone has
never been altered, changed or tampered with in any way
9.7 The phone has never undergone an attempted
unlocking with codes in the past
A refund shall not be warranted if all of these criteria are
not met. UnlockItNow.com will endeavour to solve any problem
any customer may have while attempting to use our service,
however liability for the success of the service lies solely
with the consumer. Furthermore, UnlockItNow.com cannot
guarantee that this service will enable the target handset
to operate on any specific network. Certain handsets will
only operate on certain networks. This is due to different
GSM network frequencies. |
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10.
Incorrect Orders |
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It is the
customer's responsibility to make sure that the target
mobile phone and the network the mobile phone is currently
locked to is supported by our service. A credit note may be
offered in specific circumstances, however a refund cannot
be offered or given where the customer has paid and
subsequently discovered that their handset and/or network is
not supported by our service. |
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11.
Refund Policy |
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11.1
In the unlikely event that the codes we provide fail to
unlock a customer's mobile phone, UnlockItNow.com will ask
the customer to confirm that the details they provided when
submitting the order are 100% correct. In the event that the
customer confirms that the submitted details are 100%
correct, UnlockItNow.com reserves the right to seek further
evidence to support the customers claim that the codes did
not unlock their mobile phone. This may include the customer
sending the mobile phone to UnlockItNow.com for verification
purposes or making a video recording containing images of
the phone in question, the IMEI number on the sticker in the
rear of the phone in question, the IMEI number displayed on
the screen of the phone in question and the customer
inserting an alternative SIM card and the resultant screen
of the phone in question after it is switched on with the
alternative SIM card inserted. These measures may seem a
little extreme to most, however due to the electronic nature
of our business, we have no other way to determine whether
an unlock has been successful or not.
11.2
Order cancellations shall only be considered, if the order
placed HAS NOT commenced processing. You can contact us with
your order ID first to check if your order has been
processed or not.
11.3
Unlock codes issued by us, for phones that turn out to be
barred or blacklisted, are not eligible for refunds. A
barred phone refers to a stolen mobile phone or a mobile
phone that was reported lost by the owner.
11.4
In the event that a refund is required, a refund shall be
given after a deduction of 8% of the total refund amount
towards card processing and handling expenses.
11.5
In case of tangible products:
Goods which are defective on receipt can be returned for
replacement. Goods found to be defective within 30 days will
be replaced. Goods found to be tampered with by the
customer will not be replaced, but will be returned at
the customer's expense. We do not give money back, instead
we replace the item or give a credit to be used on our web
page. All sales on unlocking boxes, unlocking clips or any
other unlocking kits are FINAL and NON-REFUNDABLE due to the
nature of these products. Shipping costs are NON-REFUNDABLE. |
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12. Refunds
and Returns |
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Refunds will be
given for tangible goods that have been returned within 30 days
in "as sold" condition. Refunds will not be given for goods
that;
12.1 Are lost in the postage system and have proof of
posting, this matter should be taken up with the postage
service. |
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13.
Order Verification prior to processing |
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In certain
cases, UnlockItNow.com may ask the customer to submit a
scanned copy of the credit card and bank statement in order
to completely verify the integrity of the order and to avoid
credit card fraud. Due to the overwhelming fraudulent orders
we receive a day we must take all the necessary precautions
to minimise credit card fraud as much as possible. We
reserve the right to refuse an order which looks suspicious
or turns out to be fraudulent.
Orders
which turn out to be fraudulent will be reported to the
relevant authorities to be investigated to the fullest
extent by law. |
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14. Chargebacks & Credit Card
Fraud Policy |
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UnlockItNow.com TAKES
CHARGEBACKS (DISPUTES OR STOP-PAYMENTS ON CREDIT CARD
CHARGES) VERY SERIOUSLY. ALL CUSTOMERS WHO DISPUTE CREDIT
CARD CHARGES FOR ANY REASON WILL BE REPORTED AS A DELINQUENT
COLLECTION ACCOUNT TO ALL MAJOR CREDIT BUREAUS AND WILL BE
SUED.
We fight back against Internet credit card fraud. The
following policy describes how UnlockItNow.com deals with
credit card fraud criminals. They undermine the entire
growth of the Internet and online merchants worldwide.
Credit card fraud will not be tolerated.
Attempting to dispute or deny a valid charge through your
bank or credit card company is fraudulent and is illegal.
When UnlockItNow.com receives such a dispute, this is our
standard DISPUTE POLICY:
IF YOU TRY TO DISPUTE or DENY a valid charge, your credit
card or checking account along with your name and address
will immediately be added to a negative database. The
negative database is shared by thousands of merchants on the
Internet, both large and small, and you will not be able to
purchase goods or services from said merchants in the
future. Information in this negative database will also be
reported to all three major credit bureaus within 60 days,
resulting in severe damage to your credit rating.
HOW DO WE IDENTIFY YOU? By subpoena or simply asking your
Internet service provider to reveal a suspected violator's
identity. Your Internet service provider is forced through
the court subpoena process to give up this confidential
information. Your ISP's log file history will show exactly
what modem and port you logged on through and makes
identification through your Account Name and Password. Even
AOL and other dynamic IP addresses gives us the information
needed to prosecute.
IF YOU TRY TO DISPUTE or DENY a valid charge, you will be
sent an invoice for the disputed amount by regular postal
mail. Copies will also be sent to your bank and credit card
company. The invoice will include the following information:
Your personal computer's network location.
Your IP address used to complete the transaction.
The day and time of your purchase.
Proof-of-delivery verification from Fedex.
Original charge amount plus a $25 USD fee for dispute
processing.
If you do not pay the invoice
within 30 days, you will be referred to a collection agency.
Our collection agency, in addition to pursuing you for
recovery of the debt, will also add the collection account
to your credit reports.
We have contracts with
collection agencies in the US and worldwide.
If you do not withdraw your dispute after all this, we will
sue you in a court of law with jurisdiction over this
matter.
HOW DO WE COLLECT on fraudulent claims? Liens on your
property, bank account, and garnishing of wages depending on
your state and country. This will also result in a report
being filed with the major credit reporting agencies.
TO AVOID ANY of the above, we encourage you to contact us
first for any problems with your purchase. We have an
excellent track record in resolving any issues to see that
you are fully satisfied with your purchase. |
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15. Rights of Consumer
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Nothing in these Conditions
shall affect the statutory rights of a consumer.
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16. Agreement |
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By using our site or our
service, you are agreeing to these terms and conditions in
full. |
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17. Disclaimer
Please be aware that mobile phone software
customisation may invalidate your phone's manufacturer's warranty.
UnlockItNow.com is not responsible for any damage caused to
your mobile phone.
If you have any other queries please
email us. We will then advise you on the best way to resolve it:
support@unlockitnow.com
18. Governing Law and Jurisdiction
This Agreement will be governed by and
construed in accordance with Maltese Law.
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This document was last
updated on 1st February 2009 |
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