Terms & Conditions

For more information and the latest Terms and Conditions of Service, visit rapid-datacom.com EFFECTIVE 11/18/2019

RAPID DATACOM MOBILE SERVICES TERMS AND CONDITIONS OF SERVICE
  • Introduction
  • User Agreement
  • Changes to Terms or Site
  • Intellectual Property Rights
  • Service, Plans, Payment and Delinquency
  • Third Party Products and Services
  • Indemnification
  • Termination
  • Severability
  • Warranty Replacement
  • Limitations on Liability
  • Delivery of Goods
  • Disclaimer
  • Privacy Statement
  • Use of Cookies
  • Prohibited Network Behavior
  • Content
  • Arbitration

Introduction

Welcome to https://rapiddatacom.com; we provide mobile products and wireless services. Please read this document thoroughly as it applies to all users on our site. TUC describes user expectations and requirements which forms an essential part of our agreement. Know that “we,” “us,” “our,” and “Rapid Data Comm,” refers to Rapid Data Comm, Inc. “You,” “your,” “user,” customer,” includes the user account holder and any employees , subsidiaries, affiliates, parent/guardian. Acceptance of our agreement requires that you are at least 18 years of age; that you will comply with the “TUC,” and that you agree to all online terms agreements/conditions/requirements as set forth.

Member Agreement:

By accessing, utilizing or interacting with RDC site and services/products, you VOLUNTARILY agree to accept our TUC, and be legally bound. Your acceptance applies when accessing, visiting, exchanging information, and using RDC website, including but not limited to; graphics, texts, photos, sound, email, software, resources, shopping, entertainment, and other resources. You VOLUNTARILY agree that you shall be subject to any written rules and guidelines when using RDC services/products. Users who submit, exchange, and/or transmit shall always comply with all applicable laws. RDC is NEVER liable for the misuse of any data/information. Continuing to access and use RDC services/products constitutes acceptance of the TUC the

moment you commence using RDC services or products. If you desire not to accept RDC the TUC; immediately cease using our website and services.

Changes to Terms or Site:

RDC reserves the right to modify, update, or revise TUC without notice to account holders. RDC may post amended/modified terms periodically; posted changes become effective immediately. Your continued use of the site after posted changes constitutes acceptance and consent to amendments. Posted changes will occur at least 30 days prior to any changes; please reread TUC on a regular basis. You agree that you will not hold RDC liable, or any third party, for any changes, additions, discontinuance, or suspension of amendments.

Intellectual Property Rights:

RDC site and/or dialogue box, features and functionality are owned by RDC. All material displayed in association with RDC services are protected by copyright, patent, trade secret, or trademark. No RDC intellectual property may be copied, uploaded, downloaded, posted, redistributed, modified, or otherwise exploited, without RDC permission. User access to the site remains effective until terminating the contract. While using our plans, services, and devices you agree to use only for personal and noncommercial reasons.

Service Plans, Payment and Delinquent Accounts:

a.) RDC offers monthly service plans and Pay-As-You-Go Services for devices; our website lists types and descriptions of all plans. Depending on your purchased data plan, a specific amount of data access is available; however, users may purchase additional data amounts. b.) RDC allows its customers to change a plan only twice monthly; although, RDC may prohibit or restrict a plan change if it potentially violates the TUC. Your device must be supported by one of our Service Plans, or RDC reserves the right to change the plan. Requirements of each plan are unique; therefore, your remaining original Service Plan balance may be forfeited. c) You, or your designated representative, are responsible for paying all charges. Charges include but are not limited to a) monthly access charges; b) usage charges; c) charges for features/add-ons; d) taxes, fees and any other government fees/taxes/assessments. Payments are due on “DUE DATE” indicated on your monthly bill. RDC billing cycles occur every 30 days. Users prepay one month in advance and you must preregister a credit/debit card. By authorizing RDC to make charges to your credit card, no additional notice or consent will be required. Your charges are automatically renewed on the next billing cycle. Funds withdrawn from your account on a monthly basis pay for services, plans, taxes, late charges, any add-ons, usage charges, and any other incidental cost you incur. RDC will not permit “billing on hold at any time for you to make payments at a later date.” d) Insufficient funds will result in account termination or suspension; users must keep accounts current within 120 days of suspension, or the account will be cancelled. Reactivation fees may apply if service is resumed after termination or suspension. Failing to make timely payments entitles RDC to refer your account to a Collection Agency. A collection fee will be added to your account and will also be due at the times of referral.

Third Party Products and Services:

RDCs reputation and credibility are of utmost importance; endorsing only the products we strongly believe in and support. Routinely, third parties will advertise, and offer products and services on RDCs website. RDC does not endorse, nor solicit, third party information, services, promises, products, nor sales. RDC is not responsible nor liable for third party actions and content. The consumer should beware of third-party solicitations, use caution regarding unsolicited advertising, and review any third-party privacy statements and warranties.

Indemnification:

You agree to indemnify, defend, and hold harmless RDC, (including employees, affiliates, vendors, suppliers and licensors, and other associated agents), from and against any claims, liabilities, damages, obligations, expenses, losses, arising from or in association with, directly or indirectly: 1) your acts, omissions, negligence, attorney fees and/or violations of our agreement; and/or 2) communications and correspondence you engage upon while using RDCs services, devices or any other RDC equipment; 3) damages or losses to RDC as a result of user negligent actions.4) and any claims arising from RDCs “alleged negligence,” or any other actions and claims to which this indemnification covers.

Termination:

RDC, using sole discretion, reserves the right to terminate your services or plans at any time without notice or limitation, for any reason. RDC can immediately suspend, revoke, terminate or cancel your service for the following reasons, but not limited to: a) Any conduct we believe violates TUC or website policies; b) Delinquency within your account; c) A user becomes abusive, derogatory or displays unreasonable language or behavior with our representatives and/or suppliers; or d) If RDC has knowledge that you are utilizing our devices and services in an unlawful, prohibitive or fraudulent manner that adversely or negatively affects RDC. Possible forfeiture and destruction of your account and all information, ownership privileges, and suspension or termination of your access to RDC site will result.

Severability:

Any unenforceable or invalid provision/clause shall not impact the enforceability or validity of all remaining provisions/clauses. Any unenforceable or invalid provision/clause shall be removed from the TUC, only to the extent of its unenforceability and invalidity. Subsequently, the TUC shall be interpreted and enforced as if the provision/clause failed to exist, and the TUC provision/clause shall be modified to show the original intention.

Warranty Replacement: RDC does not manufacture any devices available for sale or service, nor do we assume liability for devices. RDC is NOT responsible for any defects, acts, and/or omissions on a device, nor are we responsible for any performance issues or lack thereof, on devices, nor are we responsible for your lost devices. A manufacturer Warranty Protection Plan is provided at time of purchase. RDC does not endorse, guarantee, provide or represent a warranty. We assume NO third part responsibility for user content, products, services, or promises. RDC recommends to all users a complete understanding of a warranty. Most warranties provide a “Limited Warranty.” Supplemental insurance should be considered when purchasing devices; thereby assisting in coverage for any damages or losses.

Warranty Replacement:

RDC does not manufacture any devices available for sale or service, nor do we assume liability for devices. RDC is NOT responsible for any defects, acts, and/or omissions on a device, nor are we responsible for any performance issues or lack thereof, on devices, nor are we responsible for your lost devices. A manufacturer Warranty Protection Plan is provided at time of purchase. RDC does not endorse, guarantee, provide or represent a warranty. We assume NO third part responsibility for user content, products, services, or promises. RDC recommends to all users a complete understanding of a warranty. Most warranties provide a “Limited Warranty.” Supplemental insurance should be considered when purchasing devices; thereby assisting in coverage for any damages or losses.

Limitations on Liability:

RDC, parent companies, subsidiaries, affiliates, vendors, suppliers, employee licensors, and agents are NOT liable for: a) errors, omissions, interruption, failures/delays in service due to transmission failures/delays in services, software, or devices provided by us; b) third party claims against you; c) your negligent or intentional acts or omissions; d) directory listings; e) damages/injury caused by suspension or termination of services/software; f) damage/injury caused by failure or disruption in accessing 911 services; g) any health claim relating to devices or services; h) damage to data content/information while accessing/using our services; i) lost transmitted information;

inaccurate, failed or interrupted location information; k) filters that block communication or information retrieval; l) damages to your device/computer/equipment; m) loss of data on your device/equipment/RDC storage space, nor any mobile content installed on your device/equipment; n) damages/loss from services, viruses, worms, download of malicious media/content; o); damages from unauthorized repairs; p) dropped calls/late messages/failed message delivery; q) uncontrolled events such as: Acts of God, natural disasters, riots, war, terrorism, legal or government actions; r) loss/inability to use our services, software, or devices provided by or through RDC Wireless, including, but not limited to the loss of business/goodwill, revenue or profits, or claims of personal injuries.

Delivery of Goods:

Our devices are sold exclusively for use with our service plans; are designed for use only upon RDCs network; and may not function on other wireless networks. Check RDC site to verify compatibility. When purchasing our device, you agree to activate and use only with RDC service. You also agree that you will not make any modifications to any purchased RDC device, nor program the device to enable it to be operated on another system or network. RDC is at significant risk of network damage if the device is used for anything other than the intended purpose. You may NOT pursue any actions to circumvent limits on a purchased quantity of RDC devices. Damages due to prohibited conduct will result in liability to RDC.

Disclaimer:

All information is considered accurate and true at posting time. Publicized information may immediately become inaccurate due to unforeseen circumstances; errors; omissions; and updates, post publication. Non endorsed and non-supported information from various third parties may appear on our site. This information may not reflect RDC policies, procedures, standards or guidelines, even though cautionary measures are taken in providing these links as suitable reference resources. RDCs intent is to publicize and present information with due care and accuracy. Know and understand that RDC employees and agents will not be held liable for the accuracy of any information printed and stored, or interpreted by a user, (including liability by reason of negligence). Any loss, damage, cost or expense incurred or arising by reason of any person using or relying on the information, and whether caused by reason of any error, negligent act, omission or misrepresentation in the information, will not be RDCs responsibility. It shall be the user responsibility to make their own investigations, decisions, enquiries about all information obtained from Internet Sites.

Privacy Statement:

Your personal information will not be disclosed to any unaffiliated companies or organizations without your permission; RDC will not sell your personal information to anyone; including your name, email information, personal street address; phone number; phone plan/type; payment history; or any other personal information. RDC maintains strict confidentiality regarding your privacy. Other information provided to RDC such as email address, emails, member profiles, images, texts, data, photos, audio, video, personal address, phone numbers, our phone services that you purchase, including information regarding your SIM card, phone plan, payment methods, bandwidth, anything you post while using our site, and other Customer Proprietary information may be accessible by the public. RDC collects information about your device in terms of: Device location in relation to our cell towers and GPS; usage performance information obtained by our network; maintain and improve our network and quality of wireless services provided; uphold our Privacy Policy by creating a data base of all users; and collecting data to ensure that it remains consistent to our Privacy Policy. Review the Terms of Use and Conditions , and RDCs Privacy Policy for each Location-Based Service in order to know and understand how this location information will be protected and used. We reserve the right to remove any unlawful content, any content that compromises the use of RDCs network and any content posted that could possibly cause injury to anyone; content deemed vulgar,

offensive or inflammatory; and any third party content protected by copyright, trademark, and/or proprietary rights. RDC RESERVES THE RIGHT to enforce appropriate action to remove objectionable materials, as deemed ecessary, and to automatically terminate your services for violation of our Privacy Policy. Privacy Policy is located on our Website. RDC will not disclose any of your information unless it is legally required by law; in order to protect the rights, property, or safety of the public; and/or fulfill your contractual agreements.

Use of Cookies:

Cookies are considered small pieces of user information ; stored by your browser on your computer’s hard drive, or any computer that you use to access websites or search for resources and other data. Our cookies do not copy and store your personal information, but the cookies do allow RDC to track your visits and activities in order to be able to provide improved services.

Prohibited Network Behavior:

Per the Agreement, you will not misuse or abuse RDC devices and services. The following conditions and restrictions apply: You agree not to: a) disobey laws; b) compromise RDC network, security, and

capacity; c) intentionally cause and contribute to network congestion, nor degrade network performance; d) cause harm to the network or its customers; e) prevent or hinder access to the network; f) violate Copyright Laws, Trademark Laws, third party proprietary rights, or anyone’s privacy or public rights; g) use RDC website for commercial use; h) infiltrate RDC network or systems with malware, spyware, crimeware, worms, Trojan Horses, rootkits, robots, spiders, attacks against a network host or individual user; i) conduct yourself in a vulgar or offensive manner; j) modify or attempt to sabotage RDC website; k) impersonate anyone; l) generate and post abusive messages to anyone; and m) incite violence. This list is not all-inclusive, and RDC has discretion to suspend, cancel, terminate, restrict or interrupt your data sessions.

Content:

RDC expressly grants users, permission to access and use its site and the Content within its site, for lawful and personal use only. Content is owned by RDC and is protected by United States copyright and trademark laws. Any illegal use of the Content, and any use not expressly permitted by TUC, constitutes a contract breach. RDC may change or terminate Content information and features as it sees fit, without any notice to users. By accessing or using RDC website, you agree that you do not acquire any ownership rights, nor are you permitted to alter, modify, publish, sell, create derivative copies nor exploit any part of the Content.

Arbitration:
RDC prefers that the parties, and , attempt to resolve disputes using effective communication. Most disputes result from misunderstandings, bills, or services that can be quickly and satisfactorily settled between both parties, without arbitration. You must allow us an opportunity to settle your dispute in good faith. If you have any dispute with RDC; contact us via our website and provide us with a written notice describing the details of you concerns/facts before pursuing arbitration. Provide your contact information such as name, username, date of dispute, dispute details, phone number, and any previous RDC representative that you have already spoken with via email/postal mail/verbally. We agree that both parties put forth their best efforts to resolve any issues, disagreements, questions, and/or concerns about our terms, policy, agreement, services, and/or devices. Our desire is to provide true customer satisfaction. Should no resolution arise between both parties, the dispute will be resolved by mediation or binding arbitration before the American Arbitration Association . All claims and disputes arising to this Agreement are to be settled by binding arbitration in the state of Maryland, or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Lastly, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION.

Based on overall coverage is the U.S. compatible device required. Coverage not available everywhere. Rapid Datacom’s 4G LTE coverage is not equivalent to its overall network coverage. Download speeds max at 8Mbps /. LTE is a trademark of ETSI Other restrictions may apply. Subject to Rapid Datacom’s Terms and Conditions located at www.rapid-datacom.com.