TERMS & CONDITIONS

 

May 2018

 

 

Introduction

If you read this, it means you are equipped with an Ubigi branded SIM card, giving you access to mobile data services in various countries (“Services”). The SIM card and the Services are provided by Transatel S.A. (“Transatel”) under the present Terms & Conditions (“T&C’s). The Services may be embedded into different kind of device, including (without limitation): a connected car, laptop, tablet or an equivalent device from an authorized Original Equipment Manufacturer (“OEM”) running Microsoft Windows 10, etc. (“Device”).

 

Contact

For further information, please contact the customer service (“Customer Service”) at: www.ubigi.com

 

Definitions and Framework

The “Service” is available for purchase exclusively using the Ubigi applications on an authorized Device. The Service may not be available in all areas and on all devices and is subject to these T&C’s.

 

These T&C’s, including the provisions regarding the personal data protection referenced herein (collectively, the “Agreement”), set forth the T&C’s that apply to your use of the Service. “Customer”, “You” and “your” mean the customer of the Service defined above, and “Transatel”, “we”, “our”, and “us” include Transatel S.A. and any of its affiliates involved in providing You with the Service.  Your enrollment in, use of or payment for the Service, confirms your unconditional acceptance and agreement to the T&C’s set forth in this Agreement available on www.ubigi.com. If You do not agree to be bound by this Agreement, You may not use the Service.

 

This Agreement may change. We may modify or amend this Agreement from time to time.  Unless otherwise provided in this Agreement, all such modifications or amendments shall be effective immediately upon posting on www.ubigi.com (the “Website”). Where we make a significant change to this Agreement, we will endeavor to separately notify You about this change. YOUR CONTINUED USE OF THE SERVICE AFTER THE POSTING ON THE WEBSITE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE BY YOU OF ANY SUCH MODIFICATIONS OR AMENDMENTS.

By purchasing the Service, You agree that You are authorized to use the Service and are responsible for paying for the Service per these T&C’s.

 

The Service consists in providing prepaid cellular Data Plans (allowance of data valid for a certain duration) to enable connecting your Device to the Internet (the “Data Plans”).

The countries in which You can use the Data Plans are listed where You browse through available offers. Available offers may change from time to time and may depend on the country You are currently in.

To support the Service, Transatel has entered into agreement with various cellular carriers (mobile operators) around the world to access their cellular networks (collectively referred to as the “Mobile Network”). In providing the Service Transatel is not providing You with a phone number, and is not providing You the ability to place or receive voice telephone calls (including calls to 911 and other emergency numbers) or send or receive SMS or text messages.

 

License

Subject to the conditions of this Agreement, we grant You a revocable, non-exclusive, non-sub-licensable, license to use the Service that is not transferable for use on another device, subject to the terms of and for the duration of this Agreement.

 

Agreement

This Agreement will commence, and a binding contract will exist between Transatel and the Customer when the Customer starts using the Service. It will continue until terminated as set forth herein.

The Service is sold exclusively on a prepaid basis.

All services, including any related offers and promotions may be subject to specific additional T&C’s. Please check our Website regularly as these T&C’s are updated from time to time.

You will remain responsible to us under this Agreement for the actions of any other person You allow to use the Services on your account.

 

Our obligations

Transatel will provide the Service in accordance with the Agreement, and as per the applicable Data Plan description, and from the date the Customer starts using the Service or purchases such Data Plan.

We will try to make sure that the Service is available to You wherever possible; however both availability and quality of the Service may be affected by things we cannot control such as physical obstructions, atmospheric conditions and outages on the Mobile Network (the infrastructure, software and hardware enabling a cellular carrier / mobile operator to support wireless internet services offered to subscribers) where such outages and their remedies are not within our control.  We or our mobile operator partners (any company operating a mobile internet network, which owns or controls all the elements necessary to sell and deliver mobile internet services) may from time to time need to carry out upgrade or maintenance work on the Mobile Network which may affect the availability and/or quality of the Service. We will endeavor to keep such disruption to a minimum, but this may not always be within our control.

We shall provide the Service with reasonable skill and care, and we shall use reasonable efforts to make the Service available to You. If You experience problems with our Service or suspect fraudulent activity on your account, please contact the Customer Service immediately.

We may from time to time and without notice, change the Service in order to comply with safety, regulatory, statutory and other requirements. We will try to ensure that this does not materially affect the scope of the Service.

 

Your obligations

You must use the Service in accordance with this Agreement and any other reasonable instructions we or the Customer Service give You from time to time. In particular, You are not authorized to use the SIM card in any other device than the Device it was delivered with or supposed to be used with (if not delivered with the SIM card). It is also clarified that the SIM card remains the property of Transatel and/or its chosen partners.

You must disclose your country of residence to us when You open your Account.

You must also provide us with a copy of your ID (national ID card or passport) before You first begin to use the services or at the latest within fifteen (15) days from the date You start using the Service. If not we reserve the right to suspend immediately the services.

The SIM card does not have a PIN code by default. YOU ARE SOLELY RESPONSIBLE FOR CONTROLLING THE ACCESS TO YOUR SIM CARD, AND YOU AGREE TO PAY FOR THE SERVICE WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. WE SHALL NOT BE HELD RESPONSIBLE FOR FRAUDULENT USE OF YOUR SIM CARD.  If You believe that your SIM card is being used in an unauthorized manner, You must contact the Customer Service immediately so that the appropriate modifications can be made to your account.

The SIM card is attributed to the first Device owner. The first Device owner remains liable for its use at any time unless Transatel has received a proof of the change of the Device’s ownership.

The Service is intended to be used for web browsing, email, uploading and downloading applications and content to and from the Internet or third-party applications, and using applications and content without excessively contributing to network congestion.

You will not use the Service for any unlawful, abusive or fraudulent purpose, including, for example, using the Service in a way that (1) interferes with our ability to provide Service to You or other customers; (2) abuses any bonus or promotional program; or (3) avoids your obligation to pay for the Service. You will not use the Service in a way that compromises network security or capacity, excessively and disproportionately contributes to network congestion, adversely impacts network service levels or legitimate data flows, degrades network performance, causes harm to the network or other customers.

You will not take any action that would, in Transatel’s sole determination, interfere with the Service or other Transatel customers, infringe the rights of any third party, or otherwise constitute objectionable conduct. If we have reasons to believe that You or someone else using your SIM card is abusing the Service or otherwise breaching this Agreement, we may immediately suspend, restrict, or cancel your SIM card and your ability to use the Service without notice. In addition, we reserve the right, at our sole discretion and for any reason, to (a) suspend, restrict, modify or terminate your SIM card and your access to and use of the Service and/or (b) refuse to allow You to buy any new Data Plans. You are responsible for all charges incurred on your account whether or not they are incurred by You personally except those incurred after You have notified the Customer Service of the loss or theft of your SIM card, and the Customer Service has acknowledged it in writing.

 

Eligibility

If You are under 18 years old, your parent or legal guardian must also read and agree to be bound by these T&C’s. You agree that You are responsible for paying the charges to use the Service, or if You are under 18, that You have permission to use the Service from the adult responsible for paying the charges.

You acknowledge that Transatel may immediately suspend certain services in order to comply with applicable laws. You are solely responsible for the content You transmit via the Service. We will not be responsible for any content sent or received by You.

You are responsible for updating the Customer Service as soon as reasonably possible of any changes to your contact details.

 

Charges

In order to use the Service You must have a valid Data Plan. For a Data Plan to be valid, it needs to be neither exhausted nor expired and it needs to be valid in the country You are currently in. You can check whether You have a valid Data Plan via the Ubigi selfcare. When You are using the Service and your Data Plan runs out (i.e. exhausted or expired), the access to Internet will be automatically suspended, but You still have access to the Ubigi selfcare.

Your Data Plan will be debited per your usage of the Service (consuming your data allowance).

Data Plan allowances may only be used for our Service on your Device, and You will not be entitled to receive any cash refund for any remaining credit or allowance unless expressly stated otherwise in this Agreement. Credits and allowances are not transferable, and no interest will be payable on credit balances or allowances.

 

Taxes and Other Charges

You must pay all taxes, fees, surcharges and other charges that we bill You for the Service, unless You can show documentation satisfactory to us that You are exempt. We will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.

 

When may we suspend or disconnect your Service

We may, without liability to You, suspend or disconnect the Service and/or your SIM card, without notice:

a) If we are entitled to terminate this Agreement due to your failure to comply with this Agreement but elect to provide You with an opportunity to remedy such failure whenever reasonably practicable

b) If we are required to do so by the Government and/or emergency service organization or any other competent body or lawful authority

c) For repairs or maintenance, or for operational or security reasons

d) In circumstances where we observe fraudulent or unusual use of your SIM card or one or more service (e.g. abnormally high usage patterns)

e) If we have a good reason to suspect a breach by You of this Agreement

f) If Transatel or its partners become aware that your SIM card has been stolen/lost/damaged or destroyed

g) If your SIM card or Device is interfering with the normal operation of the network or if your account is in arrears

i) If You do not use the Services in compliance with applicable laws and regulations

j) If You have continually not used the Service since You acquired the SIM card and/or if You have not refilled your account after your credit has expired for an extended period of time

h) If You use the SIM card in a device other than the Device in which it was delivered

i) If You did not use the SIM card after eighteen (18) months

j) In case You have purchased a connected vehicle, if You did not use the SIM card after the term of such vehicle warranty

If we suspend or disconnect your Service we will give You the opportunity to restart the Service during a period of 3 months after the Service has been suspended, provided You comply with the Transatel requirements.

 

Internet access

We do not make any warranty as to the accuracy, completeness, reliability or continuous supply of the content or information contained on any third-party sites or resources accessed via the Service.

We will not be responsible for any harm You suffer from any virus that gains access to your equipment, whether transmitted via the Service or otherwise. It is your responsibility to protect your equipment with suitable anti-virus software.

 

Devices

You must use the Service in accordance with this Agreement and any other reasonable instructions we or the Customer Service give You from time to time. In particular, You are not authorized to use the SIM card in any other device than the Device it was delivered with.

 

Indemnity

You agree, at your sole cost and expense, to fully defend, indemnify and hold harmless Transatel, its affiliates, subsidiaries, shareholders, directors, officers, employees, and agents from and against any and all claims, causes of action, actions, judgments, liabilities and/or damages (including without limitation reasonable expenses and reasonable attorney’s fees) arising out of or in connection with (i) your use of the Service, (ii) your Account (including the use of your Account by a third party) and (iii) this Agreement.

 

Limitation of Liability

EXCEPT FOR DAMAGES CAUSED BY OUR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF OUR CHARGES TO YOU FOR YOUR ACTUAL USE OF THE SERVICE DURING THE PRIOR ONE-MONTH PERIOD. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS OF OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS IT IS BASED (SUCH AS CONTRACT, TORT, STATUTE OR OTHERWISE).

 

No Warranties

WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT AND ON THIS WEBSITE. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BECAUSE THE SERVICE IS PROVIDED IN PART OVER NETWORKS OUTSIDE OF OUR CONTROL, THEY ARE SUBJECT TO OUTAGES, DISRUPTIONS AND INTERCEPTION, AND THAT WE HAVE NO LIABILITY FOR ANY SUCH OUTAGES, DISRUPTIONS OR INTERCEPTIONS. TRANSATEL IS NOT RESPONSIBLE FOR THE CONTENT OF COMMUNICATIONS TRANSMITTED THROUGH THE SERVICE.

 

Protection of Personal Data

“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identity document, an identification number, location data, economic data, an online identifier or to one or more factors specific to the physical identity.

Your Personal Data is collected by Transatel to optimize the efficient functioning of the Service and also to comply with relevant laws and regulations about user identification. It will be erased at the term of your contract, or within one year from the term of the contract in case of an identification obligation, unless a longer retention period is imposed or permitted by the applicable law.

Your Personal Data is collected by Transatel in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (“GDPR”).

In particular, the security and the confidentiality of your Personal Data will always be protected in compliance with the GDPR, even if You are not a national of a Member State of the European Union.

The processing of your Personal Data is only to be executed by Transatel or its subcontractors, provided such subcontractors are subject to contractual clauses with Transatel in accordance with the GDPR.

In case of transfer of your Personal Data outside of the European Union, a similar protection to the European regulation will be provided.

You have always a right of access, rectification and opposition to processing of your Personal Data. To exercise one of these rights please contact the Customer Service at: www.ubigi.com

 

Trademarks

All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Transatel, (collectively, “Marks”) are and shall remain the exclusive property of Transatel and nothing in this Agreement shall grant You the license to use such Marks without our prior written permission.

 

Assignment

We may assign all or part of our rights and duties under this Agreement to any party at any time without notice to You. If we do that, we will have no further obligation to You in connection with such assigned duty. You may not assign your rights and duties under this Agreement without our prior written permission.

 

Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.

 

Integration – Entire Agreement

This Agreement, together with any written amendments or written modifications, will constitute the entire Agreement between You and Transatel with respect to the Service and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between You and Transatel. No written or oral statement, advertisement or service description not expressly contained in the Agreement will be allowed to contradict, explain, modify or supplement it. You acknowledge and agree that You are not relying on any representation or statement by Transatel that is not included in this Agreement.

 

Force Majeure

Transatel shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God or other similar causes beyond Transatel’s control.

 

No Waivers

Transatel’s failure to exercise any of its rights hereunder upon breach by Customer or pursuant to any condition, covenant or provision contained in this Agreement shall not be construed as a waiver thereof, nor as a waiver of the same or any other default subsequently occurring.

 

Governing Law

If You are a retailer, this Agreement shall be exclusively governed by and construed in accordance with the laws of France. You agree, in the event any claim or suit is brought in connection with this Agreement, to the exclusive jurisdiction and venue of the courts of Paris, France. In any action to enforce this Agreement, including, without limitation, any action by Transatel for the recovery of fees due hereunder, You shall pay Transatel reasonable attorney’s fees and costs in connection with such action. You acknowledge and agree that this governing law provision applies no matter where You reside, or where You use or pay for the Service.

Unless provided otherwise in relevant legislation, if You are a consumer, You are also subject to exclusive jurisdiction of the courts of Paris.