TERMS & CONDITIONS
Definitions and Framework
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.
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.
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.
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 (e)SIM card does not have a PIN code by default. YOU ARE SOLELY RESPONSIBLE FOR CONTROLLING THE ACCESS TO YOUR (e)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 (e)SIM CARD. If You believe that your (e)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 (e)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 (e)SIM card is abusing the Service or otherwise breaching this Agreement, we may immediately suspend, restrict, or cancel your (e)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 (e)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 (e)SIM card, and the Customer Service has acknowledged it in writing.
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.
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
When may we suspend or disconnect your Service
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 (e)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 (e)SIM card has been stolen/lost/damaged or destroyed
g) If your (e)SIM card or Device is interfering with the normal operation of the network or if your account is in arrears
h) If You do not use the Services in compliance with applicable laws and regulations
i) If You have continually not used the Service since You acquired the (e)SIM card and/or if You have not refilled your account after your credit has expired for an extended period of time
j) If You use the (e)SIM card in a device other than the Device in which it was delivered
k) If You did not use the (e)SIM card after eighteen (18) months
l) In case You have purchased a connected vehicle, if You did not use the (e)SIM card after the term of such vehicle warranty. For eligible Jaguar Land Rover vehicle, the Service is included for the first three (3) years of the vehicle warranty, nevertheless when the Service has been activated much later vehicle acquisition, the suspension of the Service may happen after the end of the three (3) years 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.
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.
If you purchased specifically an eSIM data plan on the Ubigi website, the Ubigi app or on other partners ecommerce platforms/ marketplaces, It is your sole responsibility to ensure that your Device is eSIM compatible and not carrier-locked.
We provide a non-exhaustive list of eSIM-compatible devices that does not take into account specific features by market. You should always refer to the specifications of the manufacturer of your device to check compatibility.
For an eSIM profile with a preloaded plan purchased on our website because your phone is carrier-locked: refunds for “carrier-locked” devices (or “(e)SIM-locked”) are not possible. It is mentioned in the data plan description in ‘How to use’ section that you need to ensure that your device is carrier-unlocked. In the case that your phone is carrier-locked, please note that you can contact the operator from whom you purchased your device and request it to be “unlocked” (you just need to provide its IMEI, which can be found in the settings).
Note: The preloaded eSIM data plans in the form of QR codes remain valid for 6 months from the date of purchase.
For a recharge purchased on your Ubigi account (Ubigi app or ubigi.me): If you have recharged your existing Ubigi account, the purchased data plans cannot be refunded if you have started using the service.
In case of proven technical issues to activate the Services due to Transatel, a possible refund is available starting from the occurrence of the problem.
The replacement of data plans or their transfer to other Ubigi accounts is not possible. To initiate a refund request, please reach out to the customer service team (using the online form) and attach the payment ticket (or payment confirmation) within 14 business days from the date of purchase (or the occurrence of the technical issue with the Services). Upon receipt, you will receive an acknowledgment of your request, and the refund will be processed within 10 business days through the original payment method used during the purchase.
Limitation of Liability
Ubigi Referral Program
Protection of Personal Data
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
Integration – Entire Agreement
Unless provided otherwise in relevant legislation, if You are a consumer, You are also subject to exclusive jurisdiction of the courts of Paris.