“We,” “Us” and “Our” shall refer to Aspenta. (“Aspenta”)
“You” or “Buyer” refers to you
“User” refers to you and/or to any other party who uses the Products and Services that You order
“SIM card” means each Speeek SIM card issued to You by Aspenta
“Website” means the website located at www.Speeek.net
“Products” means any products and Services purchased by You from the Website, including without limitation Speeek mobile phone cards and call credits
“Services” means any and all services provided to you through the Website or by Aspenta in connection with the purchase by you of a Speeek Product
2.1 Your purchase and/or use of the Products and/or Services and your use of the Website are governed by these Terms and Conditions, to which you accordingly agree to be bound.
2.2 Aspenta may amend these Terms and Conditions at any time. Any such amendments will be reflected in updated Terms and Conditions posted on the Website
2.3 If there is any inconsistency between these Terms and Conditions and any other terms associated with any Service or Product order or purchase that You make, these Terms and Conditions will take precedence to the extent of such inconsistency.
2.4 You or Your representative must be 18 years of age or older to order Products through the Website.
3.1 You may activate your purchased SIM card by properly inserting into your selected mobile device and accessing the Aspenta network. Aspenta will then send a welcome text message to the selected mobile device dialing number soon after activation.
3.2 Any purchased Service that you do not use at least once within a one-year period may automatically expire and be terminated by Aspenta, and any remaining credit will be forfeited as a result.
You may activate your online account for Products and Services through www.user.Speeek.net, using your mobile device dialing number and PIN code for your first login. Upon online account activation, You may purchase top-ups, update personal details, view call and top- up history, and report any Service or Product issues.
5.1 To ensue continued Services, you will be required to purchase Top-ups, which You may order on the Website or through Speeek’s user panel and maintain a sufficient account balance. You must use each purchased Top-up at least once every 12-month period to avoid its expiration and the forfeiture of any credits associated with it.
5.2. Aspenta is not responsible for refunding or crediting to You any pre-payments You make on any purchased Top-Up or for airtime. Every time that You use a chargeable Service, the credit value of Your account from Your cumulative purchase of Top Ups shall be reduced by the charges You incur for Your ongoing use of the Services. If there is no available credit on Your account, You will not be able to be able to make calls, receive chargeable inbound calls or texts, or send outgoing text messages until You purchase sufficient Top-ups for the account.
6.1 The current and binding charges, including current price lists and plans, for Products and Services (“Charges”) are published on our website at www.Speeek.net. Aspenta may amend the charges from time to time without any notice.
6.2 Charges for Call Services are quoted and charged by the minute, and the minimum call charge shall be for one minute at prevailing rates.
6.3 Charges are calculated and billable in US dollars.
7.1 Aspenta offers delivery worldwide (applicable wherever it is allowed by the intended destination country of delivery, subject to applicable local duties and taxes, which will be charged to You . Subject to availability, Your order will be processed for shipping within two business days from the date on which Your payment for the order is cleared; provided, however, that a delay in delivery may occur if an ordered Product is currently unavailable or out of stock. If ordered Products are unavailable or temporarily out of stock, Aspenta will notify You and provide of an expected delivery date.
7.2 Aspenta will use commercially reasonable efforts to meet requested delivery times but does not guarantee delivery by a stated time and is not responsible for any damages due to delays or the failure to meet a stated delivery schedule. Aspenta reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle You to cancel other installments. Notwithstanding the foregoing, in the event that a shipment is delayed by at least fourteen days, You may cancel any part of the delayed order and obtain a refund of paid amounts thereon within 30 days from its written request to Aspenta.
7.3 Ordered Products will be delivered FOB Origin (Aspenta's facility or the facility of any of Aspenta's suppliers who drop ship direct). Title and risk of loss for shipment of ordered Products shall pass to You when such Products are delivered to the transportation carrier. Aspenta is not responsible for insuring shipments or for any loss or damages to Products during shipment and recommends that You obtain insurance for shipments.
7.4 Aspenta shall not be responsible for obtaining, or for failures of shipments resulting from the failure to obtain, any special license or permit for transportation, importation, or exportation.
7.5 Delivery charges are dependent on the shipping method selected and are indicated when placing an order. An Invoice will be issued if the customer request so when purchasing top up/starter kit. We will send email order confirmation to each customer.
8.1 Limited Warranty.
8.1.1 Aspenta shall provide a limited warranty to You covering defects in materials and workmanship in any Products (the “Limited Warranty”) for three (3) months following the date of Your original purchase of the covered Products.
8.1.2 The Limited Warranty does not cover any damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, lightning, power surges, or other acts of nature. The Limited Warranty does not cover any damage, deterioration or malfunction resulting from the installation or removal of this product from any installation, any unauthorized tampering with this product, any repairs attempted by anyone unauthorized by Aspenta to make such repairs, or any other cause which does not relate directly to a defect in materials and/or workmanship of this product. Without limiting any other exclusion herein, Aspenta does not warrant that the Products covered hereby will not become obsolete or that such items are or will remain compatible with any other product or technology with which the Products may be used.
8.1.3 Aspenta will, at its option and sole discretion, provide one of the following three remedies to whatever extent it shall deem necessary to satisfy a proper claim for each Product under the Limited Warranty:
220.127.116.11 Elect to repair or facilitate the repair of any defective components of the Product within a reasonable period of time, free of any charge for the necessary parts and labor to complete the repair and restore the Product to its proper operating condition. Aspenta will also pay the shipping costs necessary to return the Product to You once the repair is complete.
18.104.22.168 Replace the Product with a direct replacement or with a similar product deemed by Aspenta to perform substantially the same function as the original Product.
22.214.171.124 Issue a refund of the original purchase price.
8.1.4 To obtain a remedy under the Limited Warranty, a return authorization number, obtained from Aspenta, will be required. If the Product is to be returned for any reason, it should be properly packed in the original carton for shipping, addressed either to Aspenta or a third party repair specialist that is authorized and specifically designated by Aspenta. Cartons not bearing a return authorization number may be refused.
8.2 Aspenta is not responsible for Product replacement or repair, or refunding you for all or a part of the purchase price, taxes, or shipment costs for any returned Product that Aspenta determines is not defective or covered under the Limited Warranty. Such returned Products shall be subject to a processing fee equal to 10% of the purchase price.
8.3 Limitation on liability
8.3.1 THE MAXIMUM LIABILITY OF ASPENTA UNDER THIS LIMITED WARRANTY AND THE AGREEMENT SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID FOR THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASPENTA IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR THIS AGREEMENT, OR UNDER ANY OTHER LEGAL THEORY.
8.3.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASPENTA SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF ASPENTA CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN ALL IMPLIED WARRANTIES COVERING THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO THIS PRODUCT AS PROVIDED UNDER APPICABLE LAW.
8.4 Aspenta is not responsible for the content of information and communications transmitted using the Services and will not be liable nor accept any liability for improper use of any Product or Services.
9.1 The SIM card must be inserted into an "Unlocked" mobile handset to operate. Aspenta shall not be responsible for unlocking the mobile phone handset or obtaining for You an unlocked handset.
9.2 Aspenta shall not accept liability for any handsets that cannot be unlocked and shall not be liable for providing a refund in the event that Your handset cannot be unlocked.
10.1 Once your SIM card is no longer valid, Services may terminate automatically and shall be deemed to be terminated by You.
10.2 You may terminate Services at any time by providing written notice to Aspenta’s Speeek support team.
10.3 In the event of the termination of Services by You or Aspenta, Your right to use any Speeek SIM card and any number associated with it also terminates. For avoidance of doubt the Speeek SIM card and the associated Speeek number(s) shall remain the property of Aspenta
10.4 Aspenta shall be entitled to terminate Services immediately if it determines that:
10.4.1 any ordered SIM Card or Service has been used in an illegal, immoral, or improper manner; or
10.4.2 any of the information You have provided to us is false or misleading.
10.5 Aspenta may terminate Services if (a) You breaches any provision in these Terms and Conditions and fail to cure such breach within five (5) days of notice of such breach If Aspenta so terminates the Services, it shall not be responsible for providing a refund of any unused credits in Your account.
10.6 Aspenta may terminate or suspend Services if it is unable to provide the Services due to no fault of its own. We may modify or suspend the Services, wholly or partially, without notice where such modification or suspension is deemed necessary by us (e.g. for maintenance, upgrading, security, emergency or other valid reasons) or by an authorized authority. All reasonable efforts shall be made to minimize such Service disruptions; however, some interruption may be inevitable. We will notify you where and as soon as it is practicable to do so.
11.1 ANY SERVICES PROVIDED BY ASPENTA ARE MADE AVAILABLE ONLY WITHIN THE OPERATING RANGE OF THE ASPENTA NETWORK. SERVICES MAY BE TEMPORARILY REFUSED, INTERRUPTED, OR LIMITED BECAUSE OF: (B) FACILITIES LIMITATIONS; (B) TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC, TERRAIN, OTHER NATURAL OR ARTIFICIAL CONDITIONS ADVERSELY AFFECTING TRANSMISSION, AND OTHER CAUSES REASONABLY OUTSIDE OF ASPENTA’S CONTROL; OR (C) EQUIPMENT MODIFICITIONS, UPGRADES, RELOCATIONS, REPAIRS, AND OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF SERVICE. ASPENTA SHALL INCUR NO LIABILITY FOR ITS INABILITY TO PROVIDE ADEQUATE SERVICES HEREUNDER IF SUCH INABILITY IS DUE TO THE ABOVE LIMITATIONS OR TO ANY CAUSES BEYOND THE REASONABLE CONTROL OF ASPENTA, NOR SHALL ASPENTA BE RESPONSIBLE FOR ANY ACT OR OMISSION RELATED TO NON-ASPENTA EQUIPMENT OR SYSTEMS USED IN CONNECTION WITH THE SERVICE.
11.2 THE ASPENTA NETWORK HAS MANY COMPLEX ELEMENTS AND IS NOT GUARANTEED AGAINST EAVESDROPPERS OR INTERCEPTORS. YOU AGREE THAT ASPENTA SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LACK OF PRIVACY OR SECURITY.
12.1 You agree not to use the Website or the Services in any of the following manners:
12.1.1 fraudulent purposes, or in connection with a criminal offense, or other unlawful activity, or to send, use or reuse any material that is:
126.96.36.199 illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or
188.8.131.52 is otherwise injurious to third parties, or
184.108.40.206 which consists of or contains software viruses, political campaigning, commercial solicitation, electronic chain letters, mass mailings or any “spam” (i.e. indiscriminately sent unsolicited, unwanted, irrelevant or inappropriate messages) or that which may:
220.127.116.11 cause annoyance, inconvenience, or needless anxiety to any other party.
Any SIM card that You or any User physically damages or modifies by reprogramming may not properly work on the Aspenta network or be fully interoperable with any other carrier networks. Aspenta will not be responsible for (a) accepting a return of, replacing, repairing any such malfunctioning Speeek SIM card that You or any User have so reprogrammed, physically damaged or modified or (b) replacing at no charge (or a reduced charge) or crediting You for any lost or stolen SIM card. You may purchase a replacement SIM card by (x) notifying us by email at support@Speeek.net, listing your name, address, contact phone number, mobile number, PUK code (as printed on your SIM Card Holder), date of Service activation, and proof of purchase, and any other relevant information that may be required by Aspenta and (x) paying to Aspenta in advance of shipment a replacement charge of $15 per SIM card in addition to applicable taxes and delivery charges.
Aspenta may from time to time contact You by email or other electronic means regarding technical issues, alerts, or promotional information. If at any time the You would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or You may contact us via the Website. Notwithstanding the foregoing, urgent technical alerts or service issues will be broadcast to all customers, including those not subscribed.
These Terms and Conditions shall be governed and construed in accordance with the laws of the state of Delaware, without reference to conflicts of law principles. You agree that the courts of United States shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or Aspenta’s provision of the Services.
You acknowledge that by visiting the Website, or by sending emails to Aspenta, You are communicating with Aspenta electronically and agree that all agreements, notices, disclosures and other communications provided in this manner by Aspenta to You satisfy any legal requirement that such communications be in writing.
Specific prohibited uses of the Services or Products include, but are not limited to the following:
17.1 Use the Services or Products in a way that interferes with or adversely affects Aspenta’s infrastructure or network or the services of other Aspenta customers.
17.2 Infringing the Rights of Third Parties - Engaging in any activity that infringes upon or misappropriates any proprietary, contract or tort right of any person, individual, corporation, or other entity; or engaging in activity that violates the privacy, publicity, or other personal rights of others.
17.3 Abusive, Defamatory or Obscene Material -Use of the Services or Products to disseminate, store, advertise, store, post, display, or otherwise make available any material that to a reasonable person may be considered child pornography, obscene, abusive, defamatory, harassing, grossly offensive, vulgar, threatening or malicious.
17.4 Other Illegal Activities - Engaging in any unlawful activity. The responsibility for avoiding illegal or harmful activities rests with You.
Notices may be sent to Aspenta as follows:
1100 Peachtree Street NE Suite 200,
Atlanta GA 30309-4503