This document sets forth your rights and responsibilities when accessing or using the E-Simply website at E-Simply.net and associated services. By using our website or services, you agree to comply with these Terms of Service (“Terms”) and our Privacy Policy. Please read them carefully.

1. Acceptance of Terms

By accessing or using the E-Simply website or purchasing our products and services, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, you must immediately stop using the website or services. To use our services, you must be at least 18 years old. We reserve the right to update or modify these Terms at any time. Changes will be posted on the website, and continued use of the website or services indicates your acceptance of the updated Terms.

2. Privacy Policy

Your use of the website and services is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the website, you consent to the practices outlined in the Privacy Policy. E-Simply may disclose personal information as required by law or to protect our rights, property, or safety. We are not responsible for personal information you share publicly or for unauthorized access caused by third-party actions.

3. User Accounts

To access certain features, you may need to create an account. You agree to:

●      Provide accurate and complete information.

●      Keep your login credentials secure.

●      Notify E-Simply immediately of any unauthorized access or use of your account. We reserve the right to terminate accounts or restrict access for violations of these Terms or for security concerns.

4. Platform Ownership

All content on the E-Simply website, including but not limited to text, graphics, images, videos, software, and branding, is the property of E-Simply or its licensors. Unauthorized use, copying, reproduction, or alteration of our content is strictly prohibited. Users are prohibited from:

●      Reverse engineering, decompiling, or creating derivative works from our platform.

●      Using automated tools (e.g., bots, scrapers) to access or extract data.

●      Reproducing or mirroring any part of the website on another server.

5. Acceptable Use

You agree not to:

●      Interfere with the website’s functionality or security.

●      Impersonate any person or entity.

●      Collect or harvest data without authorization.

●      Violate intellectual property rights or applicable laws. E-Simply reserves the right to suspend or terminate your access for engaging in prohibited activities.

6. Payments and Subscription

a. Payment Terms

All payments must be made using the approved methods at checkout. By signing up for subscription services, you authorize E-Simply to charge your payment method on file automatically for renewals unless canceled.

b. Payment Plan Terms

If you have opted for a payment plan of $15.00 per month for 15 months for your Skylink device, bundled into your monthly subscription bill, the following terms apply:

1. Remaining Balance Due Upon Cancellation: If you cancel your service before the payment plan is fully paid, the remaining unpaid balance will become immediately due. This amount will be reflected on your final bill.

2. Monthly Payment Responsibility: The $15.00 payment will be added to your regular subscription bill each month until the full amount is paid or the service is canceled.

3. Non-Refundable Payments: Payments made toward the payment plan are non-refundable, even if the service is canceled.

4. Early Payment Option: You may choose to pay off the remaining balance at any time by contacting our support team.

c. Fair Use Policy

E-Simply services are subject to a Fair Use Policy as determined by the carriers we partner with. While many plans are marketed as “unlimited,” carriers may set thresholds on high-speed data usage to ensure network quality for all users.

●      Data Thresholds: If your usage exceeds the fair use limit set by the carrier, your data speeds may be reduced during times of network congestion. The fair use data threshold is determined solely by the carrier and may vary over time.  

d. Refunds

Undamaged products may be returned within 7 days of receipt for a full refund minus the membership fee. Contact [email protected] to request a return label.

e. Renewals and Cancellations

●      Subscriptions automatically renew unless canceled 3 days before the end of the current billing period.

●      To cancel, email [email protected] with the subject line “Immediate Cancellation Request.”

7. Modem Purchase Terms

a. Discounted Modem Price

The discounted price of $189.00 for the Skylink modem is available only at the time of initial purchase or account setup. To qualify for this discounted price of $189.00, you must purchase the modem at full price during the signup process when activating your service with E-Simply.

b. Regular Price After Setup

If the modem is not purchased during the initial account setup, any future modem purchase will be subject to the regular retail price, which may vary based on current pricing.

c. No Retroactive Discounts

Requests to apply the discounted modem price after the initial account setup will not be honored. Please ensure you select this option during your signup process if you wish to take advantage of the discounted price.

8. Lifetime Warranty Terms

E-Simply provides a Lifetime Equipment Warranty for the Skylink device under the following conditions:

a. Coverage: The warranty covers defects or malfunctions that occur under normal use. We will replace the Skylink device as long as you maintain active service with E-Simply.

b. Exclusions: The warranty does not cover damage caused by:

○      Accidents or neglect.

○      Fire or other external events.

○      Improper use or modifications to the device.

c. Replacement Process: If your Skylink device requires replacement under this warranty, please contact our support team to initiate the replacement process.

d. Active Service Requirement: The warranty is valid only while your service with E-Simply remains active. Terminating service will void the warranty.

9. Affiliate Referral Program Terms

E-Simply offers an Affiliate Referral Program ("Program") to reward existing customers ("Referrers") for referring new customers ("Referrals") to our services. By participating in the Program, you agree to the following terms:

a. Generating Affiliate Links

●      Unique Affiliate Link: Customers may generate a unique affiliate link through their E-Simply account dashboard. This link is exclusive to you and tracks your referrals.

b. Referral Credits

●     Credit Amount: You will receive a $30.00 credit for each new customer you refer who remains an active customer after 10 days from their service activation.

●      Credit Issuance: Credits will be applied to your account after 14 days from the referred customer's activation date, provided they remain active and in good standing.

●      One Credit Per Billing Cycle: You can receive only one $30.00 credit per billing cycle. If you refer more than one customer in a billing cycle, additional credits will carry over to subsequent billing cycles, with only one credit applied per cycle.

c. Program Eligibility and Conditions

●      Active Account Requirement: To earn and redeem referral credits, your E-Simply account must be active and in good standing.

●      Referral Eligibility: The referred customer must be a new customer who has not previously subscribed to E-Simply services.

●      Non-Transferable Credits: Referral credits are non-transferable and have no cash value. They can only be applied toward your E-Simply subscription fees.

●      Abuse of Program: E-Simply reserves the right to suspend or terminate your participation in the Program and void any referral credits if we suspect any fraudulent activity, misuse, or violation of these terms.

d. Changes to the Program

●      E-Simply reserves the right to modify or discontinue the Affiliate Referral Program at any time without prior notice. Any unclaimed referral credits will be forfeited upon termination of the Program.

10. Disclaimers and Limitations of Liability

E-Simply services are provided on an "as-is" and "as-available" basis without warranties of any kind. We disclaim liability for:

●      Errors or interruptions caused by third-party services.

●      Losses resulting from force majeure events, including natural disasters or government actions.

●      Indirect, incidental, or consequential damages, except where prohibited by law.

11. Indemnification

You agree to indemnify and hold harmless E-Simply, its employees, and agents from claims, damages, or expenses (including attorney’s fees) arising from:

●      Your use of the website or services.

●      Your violation of these Terms or applicable laws.

●      Third-party claims related to your actions.

12. Arbitration and Dispute Resolution

Disputes arising from these Terms will be resolved through binding arbitration under the rules of the American Arbitration Association (AAA). Arbitration will take place in Austin, Texas, in English.

●      Opt-Out: You may opt-out of arbitration within 30 days of agreeing to these Terms by emailing [email protected].

●      Exceptions: Disputes related to intellectual property or injunctive relief may be resolved in court. You waive the right to participate in class actions or collective proceedings.

13. User Content and Submissions

By submitting content (e.g., reviews, feedback) to E-Simply, you grant us a worldwide, royalty-free license to use, modify, and distribute your content. E-Simply does not accept unsolicited ideas or proposals. By submitting unsolicited content, you agree:

●      The content becomes the property of E-Simply without compensation.

●      E-Simply may use the content for any purpose.

●      There is no obligation to review or keep the content confidential.

14. Electronic Communications

By using our website, you consent to receive communications from E-Simply electronically, including emails and notifications. These communications satisfy any legal requirement that they be in writing.

15. Termination

E-Simply reserves the right to terminate your access for:

●      Violations of these Terms.

●      Failure to pay for services.

●      Conduct that harms E-Simply or its users. Upon termination, services will end, and unused fees may be refunded at our discretion.

16. Amendments

We may update these Terms at any time. Updates will be posted on the website, and significant changes may be communicated via email. Continued use of the website indicates acceptance of the updated Terms.

17. Governing Law

These Terms are governed by the laws of the State of Texas. Disputes not resolved through arbitration are subject to the jurisdiction of courts in Austin, Texas.

18. California Users

Pursuant to California Civil Code Section 1789.3, California residents with questions about pricing, complaints, or inquiries about E-Simply must contact us at:

●      Email: [email protected]

California residents may also contact: Complaint Assistance Unit
Division of Consumer Services

Department of Consumer Affairs

1625 North Market Blvd., Sacramento, CA 95834

Phone: (916) 445-1254 or (800) 952-5210