Elcome International LLC (“Elcome” or “we” or “us” or “our”) is an Authorised Reseller of Starlink Internet Services Limited (“Starlink”).
This Agreement (the “WELCOME Services Agreement”) applies to you if you use our Wi-Fi hotspot service (public internet) powered by Starlink (“WELCOME”).
You acknowledge and agree that WELCOME is being provided using Starlink services, and by using the WELCOME, you additionally agree to the Starlink terms and conditions located here (Starlink Terms of Service – Starlink) (“Starlink T&Cs”), which are incorporated herein by reference. Any non-compliance with the Starlink T&Cs by the End-User constitutes a material breach of this Agreement, authorising Elcome to suspend or terminate services without prior notice. In case of conflict, the Starlink T&Cs shall take precedence. In the event of a conflict between the Starlink T&Cs and this WELCOME Services Agreement, the terms of the Starlink shall prevail.
This WELCOME Services Agreement is a legally binding agreement between you (“Customer” or “you” or “End-User”) and Elcome.
PLEASE READ THE WELCOME SERVICES AGREEMENT CAREFULLY BEFORE SIGNING UP AND/OR USING THE SERVICES. BY OPENING AN ACCOUNT OR USING THE SERVICES, YOU AGREE TO BE BOUND TO THIS SERVICES AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS SERVICES AGREEMENT, YOU MUST NOT SIGN UP FOR AN ACCOUNT OR USE THE SERVICE AND MUST EXIT THE REGISTRATION PROCESS, IF STARTED. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1. HOW YOUR DATA PLAN IS FINALIZED
Our invitation to order a WELCOME Data Plan is not an “offer” by us to sell you a subscription at the prices on our website: https://welcome.online/ (the “WELCOME Website”). Instead, when you complete the registration form, you make an offer to us to buy a Data Plan, which we can accept or reject. Your order is accepted (and a legal contract is created between us) when we send you a confirmation accepting your order.
2. INPUT OF INCORRECT INFORMATION
Elcome cannot accept any liability for your failure to comply with specific instructions stated on the WELCOME Website or for any incorrect information provided by you. You are bound by any incorrect information provided.
3. PAYMENT
If payment cannot be charged to your PayPal or other payment account or credit or debit card or your charge is returned to Elcome for any reason, Elcome reserves the right to pursue any and all legal remedies to collect the amount owed by you, to suspend or terminate your access to the WELCOME Service and your account, and to terminate all obligations of Elcome under this Services Agreement.
4. TAXES, FEES, SURCHARGES
We may collect or request reimbursement for taxes and other fees and surcharges required by law, including, without limitation, value-added, consumption, sales, use, gross receipts, excise, access, and bypass for which we do not collect and remit on your behalf. You are also responsible for any additional government fees, rights of way fees or charges, license or permit fees, and any other duties, fees, charges, or surcharges imposed on, incident to, or based upon the provision, sale, or use of the Services.
5. OUR PROVISION OF THE SERVICES
1) Services may be subject to availability and are dependent on network coverage, Starlink’s approval, and compliance with applicable local laws and regulations in the area where the service is utilized.
2) We will use reasonable efforts to provide access to the wireless hotspots. We do not guarantee that wireless access will be available to you at all locations all of the time or that the access will be at any particular bandwidth rate. Accordingly, we are not responsible to you if you cannot access wireless networks and hotspots, or if access is temporary or available bandwidth is lower than expected. Elcome assumes no responsibility for outages caused by supporting equipment.
3) Except for the WELCOME Website and its Services, Elcome does not control any materials, information, products, or services on the Internet. The Internet may contain materials offensive to you. Elcome has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for accessing content via the Services and/or the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Services or the Internet. You should bear in mind that there are security, privacy and confidentiality risk inherent in wireless communications and technology. We do not give any assurances relating to such risks and you acknowledge and agree that you are responsible for all use you make of the Services and that, by choosing to use them, you accept those risks. You should bear in mind that data transmission over the internet may encounter non-delivery, mis-delivery or corruption and we do not guarantee that you will not experience this.
4) In addition, viruses and other malicious code are common on the Internet and on email. Because we do not control the networks and other equipment that gets you access to the networks, we cannot protect your equipment against viruses and strongly recommend you obtain up-to-date anti-virus and firewall software to protect your equipment. Due to the continual development of new techniques for intruding upon and attacking networks, Elcome does not warrant that the Service or any software used to access the Service will be free of vulnerability to intrusion or attack.
5) You agree that your use of the services, and such use by anyone using your account, is at your sole risk. Services are not suited or intended as a mission-critical or safety-of-life service.
6) Any data usage calculations (including calculations of savings relating to data, Wi-Fi or cellular usage) provided by Elcome are only estimates and should not be relied upon; such calculations may not reflect individual Data Plans.
7) We may adopt reasonable network management policies to support End-Users’ use of Services (for example, in cases of shared network use for community Wi-Fi products).
8) As it is our policy to continually improve our service offerings, we reserve the right to make changes to any service, the pricing and/or to the terms of this Services Agreement from time to time, provided that we will not make any changes that would significantly reduce the level of service you receive without your agreement unless we need to do so for security, legal or regulatory reasons. We will always attempt to give you as much notice as we can of such significant changes on the understanding that you have the option of accepting them or cancelling the contract and, if applicable, this Services Agreement without penalty, in which case, you should contact us by one of the methods set out in this Services Agreement.
9) You understand and agree that Elcome is solely responsible for providing support to the End-User; Starlink will not directly provide customer support to Elcome’s End-Users. Customer support includes, but is not limited to, supporting all End-User issues concerning billing, collections, service plans, installation, performance, data usage, technical troubleshooting, and any other related issues. The customer support is available at help@elcome.com via email, and through WhatsApp at +971 4 8121 301.
6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
1) END-USERS EXPRESSLY ACKNOWLEDGE THE INHERENT RISKS ASSOCIATED WITH WIRELESS COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO SECURITY BREACHES, DATA INTERCEPTION, AND TRANSMISSION ERRORS. ELCOME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO SUCH RISKS AND ASSUMES NO RESPONSIBILITY FOR ANY RESULTING DAMAGES.
2) SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITH NO EXPRESS OR IMPLIED WARRANTIES REGARDING PERFORMANCE, UPTIME, OR SECURITY. ELCOME DISCLAIMS ALL LIABILITY FOR INTERRUPTIONS, DATA BREACHES, OR DAMAGES ARISING FROM THIRD-PARTY INTERFERENCE OR THE INHERENT VULNERABILITIES OF WIRELESS COMMUNICATIONS. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY CONNECTION SPEED OR SPECIFIC RESULTS FROM THE USE OF THIS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS SERVICES AGREEMENT. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SERVICE AND YOUR USE THEREOF.
3) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (B) ANY INTERRUPTION, ACCESS DELAYS OR CESSATION OF THE SERVICES, (C) ANY BUGS, VIRUSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (D) ANY DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION CAUSED BY THE SERVICES; (E) ANY LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT USER ID OR PASSWORD; (F) ANY CIRCUMSTANCES THAT ELCOME CANNOT REASONABLY BE EXPECTED TO CONTROL, INCLUDING ANY FAILURE IN COMMUNICATIONS, THIRD PARTY SERVICES AND INTERNET DOWNTIME; OR (G) HARM RESULTING FROM YOUR ACCEPTANCE OF A THIRD PARTY WITHOUT HAVING FIRST READ IT.
4) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, AND DAMAGES ARISING FROM YOUR USE OF THE SERVICES. IN NO EVENT SHALL WE OR OUR EMPLOYEES BE LIABLE (WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR FOR ANY OTHER REASON, FOR ANY LOSS OF PROFITS, WASTED TIME, SALES OR REVENUE, LOSS OF GOODWILL, LOSS OF THE USE OF ANY SOFTWARE, DATA OR COMPUTER EQUIPMENT, LOSS OF BARGAIN, LOSS OF OPPORTUNITY, LOSS OF WASTE OF MANAGEMENT OR OTHER STAFF TIME, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY MATTER BEYOND ELCOME’S REASONABLE CONTROL.
5) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ELCOME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES, OR THE SUBJECT MATTER OF THIS SERVICES AGREEMENT (AND THE EULA) UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES DURING THE MONTH OF THE APPLICABLE CLAIM.
7. INTELLECTUAL PROPERTY
End-User(s) are not authorized to use the Trademarks of Starlink and Elcome. All copyright, database rights, trademarks, and other intellectual property rights in any and all aspects of the WELCOME Website, Hardware or Services (including without limitation, text, graphics, photographs, logos, buttons, icons, images and software (including compilations, underlying source code and applets) and all other material on the WELCOME Website) is the property of Elcome and is protected by the Governing Law and international intellectual property laws. Reproduction, duplication, modification, distribution, transmission, replication, reverse-engineering, display, or performance of the content of the WELCOME Website, Software and/or Services without the express written permission of Elcome is strictly prohibited. Please see our Terms of Use (located here https://elcome.com/terms-of-use-of-website/) for more information.
8. COMPLIANCE CERTIFICATION
You will comply with and will be responsible for ensuring that you comply with all applicable laws and regulations, including but not limited to those related to telecommunications, privacy, copyright, website blocking, internet use by minors, data protection, rules on lawful intercept and government access to data related to the Services provided under this Agreement. End-User agrees to fully comply with all applicable Trade Control Laws, including export controls, economic sanctions, anti-money laundering, and anti-corruption regulations. Any unauthorized diversion of services, equipment, or data to prohibited locations, entities, or individuals will result in immediate termination and reporting to relevant authorities. You may not involve any person that is listed on the Specially Designated Nationals List, Denied Persons List, Entity List, or any other similar applicable government list. You acknowledge that you are only authorised to access Services at the eligible service territories, and you will not divert the Services to any other locations, or to users or for uses that are prohibited under International Trade Controls.
Definitions:
· Denied Party Lists are the lists of Specially Designated Nationals, Denied Persons, Entities, or any other similar government list.
- Data Plans:
Data Plans provide high-speed internet access (upload and download) designed to meet users’ diverse needs. Data Plans include:
- Data Packs:
Data Packs provide a selected data quota for upload and download, valid for 30 days. These packs offer flexibility, allowing users to choose a specific data limit that suits their usage needs.
- Monthly Plans:
Monthly Plans offer high-speed internet access with a daily data quota for upload and download, ensuring consistent data availability every day for a period of 30 days. These plans cater to users with regular and predictable internet usage requirements.
Both Data Packs and Monthly Plans are not auto-renewable, giving users the freedom to opt in for a new plan based on their preferences once the current plan expires.
· Government Officials are (1) any officer or employee of any government or component of government (e.g., a government minister, regulator, mayor, legislator, customs inspector or police officer); (2) an officer or employee of any entity or instrumentality in which a government or government entity possesses a majority or controlling interest; (3) a candidate for political office; (4) a political party; (5) a political party official; (6) an officer or employee of a public international organisation (e.g., the European Commission or World Bank); (7) a person who is acting in an official capacity for or on behalf of any government or component of a government, an entity in which a government or component of a government possesses a majority or controlling interest, a political party, a public international organisation (even if the individual is acting in such capacity temporarily and without compensation); and, (8) in some circumstances, members of royal families.
· Trade Control Laws are export control, economic sanctions, anti-corruption laws and regulations that apply to Starlink and/or Reseller, including, but not limited to the Export Administration Regulations (EAR) (15 C.F.R. §§ 730-774); economic sanctions laws and regulations, including those administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) and the U.S. Department of State (Sanctions); and anti-corruption laws, including the Foreign Corrupt Practices Act, UK Bribery Act, and applicable international and local country anti-corruption laws (Anti-Corruption Laws).
· Time Zone for Services:
All services, including their validity, activation, expiration, and usage, are based on the Coordinated Universal Time (UTC). Customers are advised to consider this time zone when utilizing or managing their services.
End-User Certifies That:
1) As of the date, neither End-User nor any of End-User’s affiliates, directors, or officers is subject to Sanctions, including by inclusion on a Denied Party List. End-User shall promptly notify Elcome authorised representative in writing if End-User becomes the subject of Sanctions or if End-User’s privileges are otherwise restricted, suspended, or revoked in whole or in part by any government entity or agency.
2) End-User will not directly or indirectly allow usage of Starlink services to any person that is the subject of Sanctions or listed on any Denied Party List or otherwise involve such persons in Elcome activities.
3) End-User has not made, offered, provided, or authorised, and will not make, offer, provide, or promise to make any payment or transfer anything of value, directly or indirectly through a third party, in connection with any business transactions involving Elcome to: (i) any Government Official, (ii) an officer, director, or employee of any actual or potential customer of Elcome, (iii) any officer, director or employee of Elcome, or (iv) any other person or entity if doing so would violate Anti-Corruption Laws. It is our collective intent that no payments or transfers of value shall be made which have the purpose or effect of public or commercial bribery, acceptance of or acquiescence in extortion, kickbacks or other unlawful or improper means of obtaining or retaining business.
4) If applicable, all representations and information supplied by End-User in response to due diligence questions from Elcome were complete and accurate. End-User shall notify Elcome in writing of any material corrections to or omissions from such original information supplied by End-User immediately upon identifying them.
5) End-User has instituted and will maintain policies and procedures designed to ensure compliance with Trade Control Laws, including prohibited party screening of Denied Party Lists and requirements with respect to accurate internal books and records.
Elcome may periodically request that End-User re-certify its compliance with Trade Control Laws.
9. ELECTRONIC DELIVERY POLICY, CONSENT AND NOTICES.
You consent to receive all agreements, updates, disclosures, policies, notices, and other information (collectively, “Notices”) provided by Elcome or its affiliates via paper and/or electronic delivery at Elcome’s sole discretion. Elcome may deliver or display Notices to you by email or pop-up window, or by posting a message on the Services or the Customer Portal. You may receive periodic texts, emails, or other communications from Elcome, such as notices regarding the expiration of your account and changes to this Agreement. All legal notices to Elcome must be in writing and delivered to starlink@elcome.com.
10. PRIVACY POLICY
Elcome commits to processing End-User data in accordance with applicable data protection laws, including GDPR and similar local regulations. End-Users consent to the collection and use of their data as outlined in Elcome’s Privacy Policy. Data will be retained only for as long as necessary to fulfill service obligations or comply with legal requirements.
Privacy Policy (located at Privacy Policy | ELCOME and https://www.starlink.com/legal/documents/DOC-1000-41799-67) applies and is incorporated herein by this reference.
11. ACCEPTABLE USE POLICY
Acceptable use policy (located at Acceptable Use Policy – Starlink) applies and is incorporated herein by this reference.
12. FAIR USE POLICY
Fair Use Policy (located at https://www.starlink.com/legal/documents/DOC-1155-53561-68) applies and is incorporated herein by this reference.
13. STANDARD TERMS AND CONDITIONS
Standard Terms & Conditions (located at https://elcome.com/standard-terms-and-conditions-of-sale-and-service/) apply and are incorporated herein by this reference.
14. CONFIDENTIALITY
The terms of the confidentiality agreement available on the link (https://elcome.com/nda/) are deemed incorporated in this Agreement, whether signed or not. Each party will comply with the confidentiality or non-disclosure agreement.
15. INDEMNIFICATION
End-User agrees to indemnify, defend, and hold harmless Elcome, its affiliates, officers, directors, employees, and agents, from any claims, damages, or liabilities arising from: (a) misuse of the services; (b) breach of this Agreement or Starlink T&Cs; (c) violations of applicable laws, including trade controls; and (d) unauthorized access or actions conducted through the End-User’s account.
16. FORCE MAJEURE
Elcome shall not be liable for any delay or failure in service delivery resulting from events beyond its reasonable control, including but not limited to (a) fire, flood, wind, lightning, earthquake, weather, or other acts of nature or God; (b) planned or emergency maintenance on the network; (c) problems with the electrical power or network equipment; (d) misuse, abuse, accident, vandalism, alteration, or neglect; (e) use in combination with devices or software not provided or approved by Starlink; (f) events not reasonably within Elcome’s control.
17. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Malta, with exclusive jurisdiction granted to the courts in Malta. End-User agrees that any disputes arising from this Agreement shall be resolved under the laws and jurisdiction stipulated herein, waiving any objections to such jurisdiction or venue.
18. CONFLICT OF RULES
In the event of any conflict between the provisions of this Agreement and any other rules, guidelines, or policies of Starlink referenced herein, the terms laid down by Starlink shall prevail. Where additional terms are established in other referenced documents, they shall apply only to the extent that they do not contradict this Agreement. Any ambiguities or inconsistencies shall be resolved in favour of the terms outlined in this Agreement.
19. TERMINATION RIGHTS
Elcome may, at any time, without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Services, this Agreement, for (a) a violation of this Agreement, including Starlink Acceptable Use Policy; (b) a request and/or order from law enforcement, a judicial body, or other government agency; (c) unexpected technical or security issues or problems, including but not limited to a material malfunction of the Starlink network, software or hardware; (d) a failure to obtain or maintain the necessary governmental authorisations required to deliver Services; (e) your participation in fraudulent, abusive, immoral, or illegal activities, as solely determined by Elcome; (f) your failure to pay any fees owed for Services if you have not cured such non-payment within thirty (30) day period of receiving a request to cure from Elcome; or (g) its convenience, for any reason, after a thirty (30) day notice period.
20. CANCELLATION AND REFUND POLICY
Termination by End-User:
Customer may cancel their WELCOME service at any time by providing written notice to Elcome.
Termination by ELCOME:
Elcome reserves the right to terminate or suspend service, with or without notice, for any of the following reasons:
a) Violation of acceptable use policies
b) Non-payment of fees
c) Illegal activities
d) Technical or operational issues affecting service delivery
Notice Period:
Elcome will attempt to give you thirty (30) days’ notice of any planned service termination, except in cases of emergency or severe policy violations.
Refunds:
End-Users may terminate their Data Plan by providing written notice to Elcome. Prepaid fees for unused data or services are non-refundable. Elcome reserves the right to terminate services for non-compliance, misuse, or operational reasons without prior notice in severe cases.
Data and Account Closure:
Upon cancellation, user accounts will be closed, and stored data may be deleted after thirty (30) days.
21. SEVERABILITY
If any provision of this Agreement is deemed unenforceable by a court of competent jurisdiction, it shall be replaced or reinterpreted to the extent necessary to comply with applicable law, without affecting the validity of the remaining provisions. All remaining provisions shall continue in full force and effect. No waiver of any provision of this Agreement shall be effective unless expressly stated in writing by Elcome, and any failure to enforce a provision shall not constitute a waiver of future enforcement rights.
22. NO WAIVER
No waiver by Elcome of any breach of these Terms will be a waiver of any preceding or succeeding breach. No waiver by Elcome of any right under these Terms will be construed as a waiver of any other right. Elcome will not be required to give notice to enforce strict adherence to these Terms. A waiver must be provided in writing by an authorised representative of Elcome to be effective.
23. MISCELLANEOUS
This Services Agreement sets out all the terms that have been agreed between Elcome and you in relation to the subjects covered by it.
This Services Agreement constitutes the entire agreement between you and Elcome with respect to your use of the Services. Elcome may revise, amend, or modify this Services Agreement and any other Customer policies and agreements at any time and in any manner without notice. You should check these policies each time you revisit the WELCOME Website.