1. Multiple Country SIM product
1.1. This Agreement represents the entire agreement between the parties in respect of the same and no modification or alteration to this Agreement shall have effect unless agreed in writing between the parties.
2. Scope and Duration
2.1. In accordance with this Agreement, Customer shall be entitled to use the SIM Card and the call balances technology offered by GSM-travel (together «the Service» and/or «Services») .
2.2. Customer agrees to be bound by this present General Terms and Conditions upon Customer’s purchase of the necessary elements to obtain the Service. Customer acknowledges that his attention has been duly brought to the fact that same purchase foreseeing the use of GSM-travel’s Services and the forthcoming usage of GSM-travel’s Service duly entails the application of this General Terms and Conditions. Customer is in agreement with such application.
2.3. The Service begins when the Service is operationally available for Customer’s use (Brought into Service Date / «BIS»).
3. Obligations of the Customer
3.1. The Customer shall ensure to use the services and products lawfully and in compliance with these general terms and conditions and other contractual documents duly integrated to the contract. The Customer is furthermore responsible to pay for the use of the service.
3.2. The Customer shall be responsible for its own end material (such as, but not limited to: handsets), its proper configuration and installation, in compliance with any regulations and applicable instructions issued either by GSM-travel or by the producer of such end material. The preparation activities for installation of the Service, including but not limited to preparing and inserting interface cards, setting adequate protocols, as well as all relevant activities in support of the implementation of the Service shall remain under the sole responsibility of the Customer. GSM-travel does not provide any investments protection or guarantee. Additionally, the Customer is required to fully co-operate and to duly comply with GSM-travel established Protocols and related appropriate Processes necessary for the installation and the provision of the Service; these Protocols and Processes shall be prescribed and published on GSM-travel’s Web Site situated at www.gsm-travel.net («the Website») and shall encompass without limitation, the use of duly pre-tested material.
3.3. The Customer is solely responsible for the access to the Services, which he has been granted and any such use of his access by a third party. His liability covers without limitation his obligations to pay for any other product and services to him and/or a third party may have obtained or ordered using the Services.
3.4. The Customer must comply with all reasonable security procedures and standards with respect to the Service. GSM-travel may communicate security issues to the Customer from time to time when abuse or misuse is observed or reported by others along with any and all general information related to the provision by GSM-travel of the Service by any means, including via the Website.
4. Equipment and Software
4.1. GSM-travel provides the necessary components required for implementing the service and adequate standing instructions which shall be published on the Website. The components delivered shall remain the property of GSM-travel and shall not be altered by the Customer. The standing instructions may be modified at any time by GSM-travel.
5. Obligations of GSM-travel
5.1. GSM-travel shall provide the Customer with national and international telecommunications services. The Services use enhanced and state-of-the-art technology and are based on international standards and recommendations.
5.2. GSM-travel will use reasonable endeavours to meet the service objectives as specified in the Service Description as may be described on the Website.
5.3. GSM-travel shall use reasonable efforts to operate and maintain the Service, contingent upon GSM-travel’s and/or GSM-travel’s service provider’s ability to maintain necessary licenses or permissions, or GSM-travel’s and or GSM-travel service provider’s network capacity and connection availability.
5.4. GSM-travel has no obligation to monitor the Service; however, GSM-travel may monitor the Service and disclose information gained from such monitoring in order to satisfy any law, regulation or other governmental request, to operate the Service and administer GSM-travel’s Service, or to protect itself or its other customers.
6. Content, Use and Conformity with Laws and Regulations
6.1. The Customer is solely responsible for the content of information and communications transmitted using the Services.
6.2. The Customer shall not use the Service or permit any use of the Service which is illegal, unlawful, or harassing, which infringes upon the intellectual property rights of third parties, or which otherwise constitutes network abuse, and the Customer shall be responsible for any such misuse of the Service. The Customer shall indemnify GSM-travel against all any liabilities , claims, actions, liabilities, loss, damage, costs and expenses suffered or incurred by GSM-travel as a result of any breach of the Customer’s obligations or warranties in this Agreement.
6.3. The Customer warrants that it shall comply with any laws, regulations or conventions relating to consumer protection which may be applicable to the use of the Service and with any public policy related laws, which may be applicable to the use of the Service by third parties (such as privacy laws and laws relating to defamation, libel and decency with respect to the content of the communications transmitted using the Service).
6.4. The Customer acknowledges that a breach of the obligations and/or warranties in clauses 6.1, 6.2 and 6.3. could lead to a disruption in the provision of the Service by GSM-travel and possible infringement of (supra-) national (telecommunications) legislation. In the event of such breach and notification thereof, GSM-travel shall be entitled without incurring any liability to the Customer to suspend the performance of its obligations under the Agreement, until the breach has been remedied and in addition shall be entitled to exercise its rights of termination under this Agreement.
7. Telephone Number: SIM Card
7.1. Any and all rights attached to the telephone number attributed to Customer by GSM-travel remain vested in GSM-travel. Accordingly, GSM-travel may change, withdraw or otherwise alter such telephone number or any other address-element at its discretion, without damages payable to Customer, should any technical, commercial reason as well as any applicable regulations so require.
7.2. The SIM Card remains the property of GSM-travel, which preserves the rights to alter and develop its content as well as claiming its return.
8. Price list and Charges
8.1. The Customer agrees to pay all applicable charges for the Service in accordance with the applicable Price List. In particular, Customer agrees with such charges being directly deducted from his prepaid value card.
8.2. The applicable prices that apply shall be the ones duly published on the Website.
8.3. GSM-travel reserves its rights to increase and/or make any other change to the applicable charges at any time. GSM-travel shall give notice by publishing and evidencing the increased service on its Website.
8.4. The Prices shall be quoted in Sterling and shall be inclusive of UK value-added tax and any other similar sales taxes, duties or levies imposed by any authority, government or governmental agency.
8.5. The charges applied by GSM-travel shall be deemed to be correct if they duly reflect the technical records registered and if these records are originated by a correctly programmed system. The Customer is entitled to obtain an extract of the records of Services, provided Customer submits a written (either via letter, fax or email) request within forty-five (45) days after the disputed occurrence.
9. Invoicing and Terms of Payment
9.1. GSM-travel provides Services on a prepayment basis. Should any payment remain to be paid, the Customer shall remit such amount within seven (7) days from GSM-travel’s request. In case of lack of payment without the above period of time, GSM-travel may immediately suspend the Service pending remittance by the Customer of such due payment.
10. Terms of Payment
10.1. Payment shall be considered as effected when GSM-travel receives the applicable cleared funds for the full amount due in its bank account.
11.1. GSM-travel may, whether or not terminating this agreement, immediately suspend all or part of the Services it provides until further notice if:
(I) it is obliged to comply with an order, instruction or request of Government, or emergency services organization, or other competent administrative authority; or
(II) it needs to carry out work related to exceptional upgrading or maintenance of its facilities where those facilities must cease operation at or about the time; or
(III) the Customer fails to comply with payment obligations, including any late fees.
(IV) in order to prevent damage or degradation of GSM-travel’s contracting party’s network integrity which may be caused by the Customer or anyone using Customer’s access; or
(V) for a violation of GSM-travel’s acceptable use policy or for other behaviour that in GSM-travel’s reasonable discretion may be deemed to be illegal; or
(VI) in order to protect GSM-travel, at its sole discretion, from legal liability which relates to a breach of obligation and/or warranties by Customer.
12. Warranty and Limitation of Liability
12.1. The Service is provided on an «as is» and «as available» basis and there is no warranty that the Services are or will be free of faults. In the event of a fault, GSM-travel, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by the Customer, shall use its reasonable efforts to promptly correct the fault in accordance with standard engineering practices recognized in the industry.
12.2. GSM-travel makes no express or implied warranties, representations or endorsements regarding any merchandise, information, products or services provided. It is known to the Customer that according to the current standings of technology an entire fault free service cannot be guaranteed, and that within national and international telecommunications networks faults and errors cannot be excluded.
12.3. GSM-travel shall not be liable to the Customers and/or its customers for any direct or indirect loss or damage whatsoever or howsoever arising (including economic losses or any loss of profit) arising out of or in connection with the performance of its obligations under this Agreement. Without prejudice to the generality of the foregoing, it is acknowledged that the aforesaid exclusion of liability shall not extend to any personal injury or death caused on account of the negligence of GSM-travel.
12.4. For the avoidance of doubt, under no circumstances shall GSM-travel be liable for any direct, indirect or consequential damages, including but not limited to damages that result from the Customer’s use of or inability to use any part of the Services or the Customers’ reliance on or use of information, services merchandise provided on or through the Service or damages that result from mistakes, omissions, interruptions, loss, theft, or deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
13. Force Majeure
13.1. Neither party can be held liable for whatever damage incurred by the other party in case the party concerned should not comply with its commitments in connection with the present agreement due to a situation of force majeure.
13.2. Are regarded as force majeure, unexpected circumstances in relation with persons and/or material used or normally used by GSM-travel concerned to carry out the present agreement, and which are of such a nature that execution of the present agreement becomes impossible, or burdened and/or disproportionately expensive that punctual compliance with the present agreement cannot reasonably be expected from GSM-travel. Are also regarded as force majeure any events belong GSM-travel’s reasonable control. GSM-travel will not be responsible for loss or damage suffered by Customer as a result of GSM-travel’s failure to perform its obligations under this Agreement due to force majeure.
13.3. Will be regarded as force majeure, without this list being limited, strikes, company blockades, epidemics, natural disaster and legal or administrative restrictions.
13.4. Should the Force Majeure event exceed a 3 (three) month period the Agreement may be terminated with immediate effect.
14. Intellectual Property
14.1. GSM-travel will grant the Customer a personal and non-exclusive license to use any of the software and documentation regarding the service supplied by GSM-travel during the present agreement. GSM-travel and its licensors, if any, will always possess the rights, property rights and interests in and in relation with the supplied software and documentation, including any intellectual property rights related thereto.
15. Data Protection
15.1. GSM-travel shall comply with the applicable law as to the protection of data. In particular, GSM-travel shall keep, save and operate only the data necessary for the proper performance of this Agreement, i.e. the proper service to Customer, the development of the quality of its services, the security of its service and of the infrastructure. Customers hereby expressly grant such rights to GSM-travel and agree to the above.
16. Modification of this Agreement
16.1. GSM-travel expressly reserves its rights to modify, at any time, parameters of its services as well as the present General Terms and Conditions, to implement new technology and offer additional services or reduce the range of services offered.
16.2. Customer shall be given notice of such changes, modifications, variations in due manner. Customer agrees that an appropriate publication on the Website is an acceptable notice.
16.3. In case of changes, modifications, variations, Customers shall have the right to terminate the contract prior the entry into force of such changes, modifications and variations.
17. Governing Law & Language
17.1. This Agreement shall be governed by, construed and enforced in accordance with the laws of England and Wales and the parties shall submit disputes in connection with this Agreement to the exclusive jurisdiction of the courts of England and Wales.
17.2. The Agreement has been executed in the English language, which language shall be controlling in all respects. No translation, if any, of the Agreement into any other language shall be of any force or effect in the interpretation of the Agreement or in the determination of the intent of either of the Parties.
18.1. Failure by either party to enforce any of its rights under this Agreement shall not be taken as or deemed to be a waiver of that right nor shall it deprive that party of the right to insist on adherence to that term at some other time.
18.2. GSM-travel remains free to assign rights and duties contained in this Agreement to a third party.
18.3. The Agreement supersedes any and all other agreements, oral or written, between the Parties with respect to the subject matter hereof. Both Parties acknowledge that they have not entered into the Agreement in reliance on any representation made but not embodied in the Agreement.
18.4. The Parties agree that any terms or conditions in this Agreement which might be ruled by any competent authority as illegal, void, unenforceable or invalid shall be replaced by terms and conditions expressing the stipulations as close as possible to the original terms and conditions by only removing the existing obstacle.
18.5. The travel SIM product support GPRS.18.6. GSM-travel reserves the right under fair use policy to terminate an account without prior notice, details of which are available at GSM-travel direct.