- Registration process
- Identification and authentication mechanisms
- General practice regarding use and storage
- Residual & Commission
- Online Credit Application
- Product and service information
- Third-Party products and services
- Trademarks and service marks
- Purchases/Online orders
- Misuse of your account
- Acceptable use
This Agreement describes the terms and conditions applicable to your use of all services ("Services") from SIMAPAY website (“Website” or "Site” - www.SIMAPAY.com). You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as seller and marketer of the services, and SIMAPAY, as the provider of the services (hereinafter “us” and/or “we”). This Agreement in addition to any other rules and policies, make up the complete and exclusive Agreement between you (hereinafter “User” and/or “you”) and us regarding your use of the services, and supersede and govern all prior proposals, agreements, or other communications. We may amend this Agreement at any time by posting the amended terms on the site. Unless otherwise stated, all amendments will be effective immediately upon posting on the site. This agreement may not be otherwise amended except in a writing signed by both parties. The completion of any purchase transaction or recharge of services from the site will imply the User's full compliance with the terms and conditions.
Whenever you provide us information on the site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, we may without notice suspend or terminate your access to our site and refuse any and all current or future use of our site (or any portion thereof). If any of the information provided is not valid, any and all claims against us or any of the parties involved in SIMAPAY’ services will be waived and all legal action will not be valid.
Identification and authentication mechanisms
If any portion of our site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by us under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone elses account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the site is invulnerable to all security breaches, and that we make no warranty, guarantee, or representation that use of the site is protected from viruses, security threats or other vulnerabilities.
You agree to preserve the password confidentiality. In case of loss, theft or any fact which might affect such confidentiality, you must notify us immediately so that measures to block access to the site and prevent any un-authorized use can be taken. Until such time that we are notified, we shall be exonerated of any liability for transactions conducted during that period of time.
General practice regarding use and storage
You acknowledge that we may establish general practices and limits concerning use of the site, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the site, the maximum number of email messages that may be sent from or received by an account on the site, the maximum disk space that will be allotted on website servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the site in a given period of time. Your use of this site constitutes your consent to allow us to store electronic communications on its servers. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the site. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are not available to minors under the age of 18 under any circumstances. If you do not wish to use our services, please do not use the Website. We may refuse services to anyone at any time, at our sole discretion. To be an eligible user of SIMAPAY service you as the user must provide us with your legal First and Last name, Billing Address, City, State, Country, Postal Code, and E-mail Address. Should you knowingly falsify any of the required information, your account shall be terminated immediately with or without prior notice.
Residual & Commission
To qualify for monthly residual, a dealer must meet a combined minimum threshold of 10 activations on Simapay as well as maintain a 40% 2nd month refill rate. To qualify for second/third month spiff, agent must maintain 20% or higher 2nd month refill rate. For SIMs activated outside of Simapay, the Request Spiff tool must be used to earn commission.
Online Credit Application
The online credit application is an inquiry to determine eligibility for establishing a credit line that will be used to purchase airtime from an approved TSP. Simapay and Simapay are not responsible for any misrepresented information on this form, or any form submitted. Furthermore, it is your responsibility, as the person or party submitting this or any form on the website, to ensure that the information submitted is true, and accurate. By submitting the online credit application form, you are authorizing Simapay to check your credit and begin the process to determine your eligibility to obtain a credit line. A credit check will be performed once you have submitted this form and the results returned to you either by phone, in person, in an email communication, or in writing based on the information provided and desired method of contact.
Product and service information
We do not warrant that information, graphic depictions, product and service descriptions or other content of the sites is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the site may be inaccurate or the product or service description may contain an inaccuracy. In the event we determine that a product or service contains an inaccurate price or description, we reserve the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. We may make improvements or changes to any of its content, information products, services, or programs described on the sites at any time without notice. You agree to notify us immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the sites and comply with any corrective action taken by us.
Third-Party products and services
Parties other than SIMAPAY may offer and provide products and services on or through the sites. Except for SIMAPAY branded information, products or services that are identified as being supplied by SIMAPAY, SIMAPAY does not operate, control, or endorse any information, products, or services on the sites or accessible through the sites in any way. SIMAPAY is not responsible for examining or evaluating, and SIMAPAY does not warrant the offerings of, any of these businesses or individuals or the content of their websites. SIMAPAY does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
The sites may contain links to other websites not operated by SIMAPAY. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by SIMAPAY of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to the sites is at your own risk. When leaving the site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website.
Trademarks and service marks
Trademarks (including but not limited to SIMAPAY) that are used or displayed on the site are owned by us or by third parties other than us that offer and provide products and services on or through the sites. Our trademarks may not be copied or used, in whole, partial or modified form, without our prior written permission or, if applicable, our licensor. In addition, our custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without our prior written permission. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use any Meta tags or any other "hidden text" utilizing any of our names, trademarks, or product names without our express written consent.
Purchase and/or recharges may be made through the site. These purchases and/or recharges may be made by individuals of legal age. Individuals cannot act through a representative to register as users, purchase and/or recharge a service through the site. We will file an electronic document which supports every purchase, transaction or recharge done on through the site. In the event of the customer wanting to obtain or access these documents, they can do so on our site or by contacting customer service. In order to protect us and our customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the amount of equipment (e.g. wireless phones) and/or services that may be ordered online by a single individual or entity. We reserve the right to further limit quantities or to cancel or reject orders in its sole discretion. Purchases made are for airtime and will be delivered immediately in the form of fund transfer to a wallet account.
Misuse of your account
Without limiting any other remedies we may terminate or suspend your account and status as a registered-user if you misuse your account or any services. We reserve the right to suspend your account if fraud activity is detected. You will need to contact our customer care department to re-activate your account and pay the balance in full at that time.
You agree to use our site and the content (whether provided by us or others), as well as any Software provided in connection with the site, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our site, related Software, or content, nor will you use our site or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use our site in any manner that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes someone elses patent, trademark, trade secret, copyright or other intellectual property or other rights;
- removes any proprietary notices or labels on the content;
- advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
- is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
- specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
- constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
- interferes with others using the sites;
- is off-topic according to the description of the group, forum or webpage;
- contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
- contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
- disrupts, interferes or inhibits any other user from enjoying the sites or other affiliated or linked websites, material, contents, products and/or services;
- uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the site or otherwise monitor or copy any portion of the site, products and/or services;
- creates a false identity for the purpose of misleading others;
- prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
- uses any SIMAPAY domain name as a pseudonymous return email address;
- contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
- provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any content or the sites;
- reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the sites or content, use of the sites, or access to the sites;
- publishes, publicly performs or displays, or distributes to any third party any content, including reproduction on any computer network or broadcast or publications media;
- systematically collects and uses any content including the use of any data mining, or similar data gathering and extraction methods;
- makes derivative uses of the sites or the content;
- uses, frames, or utilizes framing techniques to enclose any portion of the sites (including the images found at the sites or any text or the layout/design of any page or form contained on a page); and/or
- modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operates our site.
For purposes of these terms, "reverse engineering" shall include the examination or analysis of the site to determine the source code, structure, organization, internal design, algorithms or an encryption device of our site’s underlying technology. Unless you are participating in an area of the site that requires or encourages anonymity, we encourage you to use your real name.