Terms and
Conditions of Service
Definitions
“Agreement” is the agreement between
you, the end user and Travelfone SIM Limited for the provision of the Roaming SIM
card and associated services to which these conditions will apply’
“Account”
is the account where your credits and charges are recorded.
“Charges” are the charges for the
Roaming SIM card services you use and these are shown in the Tariffs & Coverage
section on the website, which may be updated from time to time.
“Credits” means the amount we credit
to your account. This will be done
either by purchasing credit online via the website, purchasing a pre-paid Top-Up
Voucher or by using the Automatic Top-Up Service.
"Fair Usage Policy" means the Fair Usage Policy operated
by Travelfone SIM as detailed in the the relevant paragraph of this Contract.
“GPRS” is the
General Packet Radio Service for the
transmission and receipt of data.
“Handset” or “Mobile Phone” means any mobile phone
and a SIM card which is approved for connection to the network which is used by
us to give you access to the Roaming services.
“MRC” means
Monthly Recurring Charge as charged
for certain services.
“Network” is the
Digital GSM Network.
“PIN” means the
Personal Identification Number. This number is used to provide extra
security for your mobile phone and SIM Card, and is also required to gain access
to your Account online.
“Roaming SIM Service”, “GSM Service” or “GPRS Service” means the ability to
make calls, send or receive SMS text messages and use data services over the
network using prepaid credit and includes any other GSM services which we
provide as part of the Roaming SIM Service.
“Services” - outbound international
calls and SMS text messages, UK calls and SMS text messages, free calls and
inbound roaming calls and SMS text messages,.
“SIM Card” means the
Subscriber Identity Module issued to
you for use with our network.
“User Guide” is the booklet that
explains the use of the Roaming SIM service.
“Voicemail Service” means voice
message service and includes.
“We”,“us” and “our” means Travelfone SIM .
“You” or the “Customer” means the end user
purchasing and using the SIM card.
Our Agreement
This agreement between you and us begins at the time that we provide the Roaming
SIM card and services.
The use of your Roaming SIM card and associated mobile number and account whilst
roaming is possible on networks of operators with which we have a roaming
agreement for GSM and/or GPRS services.
Calls you cannot make from your Global SIM card include Operator assisted calls,
Charge card calls (144 numbers) and Reverse Charge calls.
The Roaming SIM service is a radio based GSM service and there are limitations
to quality and coverage. Whilst
every effort is made to minimize these limitations and to ensure that the GSM
services are available to you at all times, we are not liable for any failure,
delay, interruption, suspension, or restriction of the services or for a call
being cut off for any reason. You
will only be able to make and receive calls when you are in an area covered by
the relevant network.
Your Account and Charges for Service
Our Prepaid service means that you purchase credit either by means of a prepaid
Top-Up Voucher, Credit purchased online or applied to your account using the
Automatic Top-Up Service. The
ability to make/receive calls, send/receive SMS text messages and use data
services requires that there is sufficient credit available on your Account.
Charges for the Services will be applied to your account as per the current
published prices in the Tariffs & Coverage
section on our website. It should be noted that we reserve the right to up-date
such prices from time to time. Call
charges will be calculated by reference to the details of your calls recorded
the network operator on behalf of Travelfone SIM . As charges are incurred they will
be deducted from the amounts that you have credited to you account. When all your credit has been used
up, you will no longer be able to use the Roaming SIM Service to make/receive
calls or send/receive SMS text messages until you purchase additional credit.
By entering into this Agreement, you hereby irrevocably authorise us to debit
your credit/debit card for all relevant charges from your account as they are
incurred by you. You may make calls until your credit is used up.
You can dial *187# on the handset to find
out your account balance at any time.
Once your account has been activated, you may receive, and make, calls on the
Roaming SIM card as long as your card has a positive balance of over £1.
Calls (except calls to certain fixed fee services and to Directory Enquiries and
International Directory Enquiries numbers), are charged on a per-minute basis. There is a minimum charge of one
minute and calls are rounded to nearest whole minute. Compensation will not be given
for disrupted calls.
The cost of the call is as set out in the Tariffs & Coverage section. We reserve
the right to change a price with no prior notice. All published charges for the
Roaming SIM Service are given in good faith and believed to be accurate, but are
subject to change.
If you make a call and your credit is used up while you are making the call, the
call may be terminated. If a call is
attempted for which there is insufficient credit in your account for a minimum
duration call (60 seconds), then such a call will not be allowed.
Top-up Vouchers issued to you are your property and you are responsible for any
loss or damage to them. You are
responsible both for the use of your Mobile Phone/SIM and any PIN/PUK codes
issued with it and for the costs of any of the GSM services obtained through its
use. You are liable for all charges,
which are, or become, payable in respect of your account, whether the account is
used by you or by any third party.
If your mobile phone/SIM is lost or stolen, it is your responsibility to report
it both to the Police, and to Travelfone SIM , by using either the Customer Service
number 154, by email using the Feedback form on our website. Once reported, the
SIM card will be disabled to prevent further use. However, in any of such cases,
you are responsible for any charges incurred up to that point. A replacement SIM
card will be issued if required at a £10 and postage. We strongly advise that you take out
our SimSure insurance to cover any loss, damage or theft.
Credit is not transferable to third party accounts. No refunds will be given for
unused credit.
The “CLI” (the Caller Line Identity) of your phone (your mobile number) will
always be released when you make an outgoing call, but we cannot be held
responsible for the ultimate delivery of this number through networks outside
our direct control.
Charges for our services are calculated and billed in US dollars.
Roaming SIM Card
A Roaming SIM Card is provided. If
purchased with a handset the SIM may have been already inserted into the phone. You must not interfere with this card
for any reason. If the SIM card is
damaged, (through no fault of Travelfone SIM ), you will be required to pay for a
replacement. If you require a
replacement SIM Card you must notify us by email using the Feedback form on our
website, quoting the SIM Mobile number.
You will then be advised what action to take to obtain the replacement
SIM. The replacement cost is currently £10 plus postage and must be paid for in
advance.
To prevent unauthorized use of your mobile phone, your SIM card will become
blocked if an incorrect PIN code is entered 3 times. If the SIM card is blocked, you will
be unable to use your phone in any way.
In order to unblock the SIM card in the phone, you must enter your PUK
code (Personal Unblocking Key). This
PUK code is printed on your Travelfone SIM SIM carrier & Welcome Letter.
In the event you have blocked your phone and you have lost your SIM carrier and
Welcome Letter you must notify us by email using the Feedback form on our
website. We will then advise you of
the PUK code by return.
If you, or any third party, have incorrectly entered your pin code more than 13
times in total, the SIM card will be permanently blocked. You will be required to purchase a
new SIM card. You must notify us by
email using the Feedback form on our website quoting the SIM phone number. There
is a charge for replacing the SIM of £10 plus postage and is payable in advance.
Provision of the Services
(Single IMSI SIMs 07624/07924 prefix only)The Services supplied under this agreement shall continue to be supplied for 3
months following your last use of the Services provided you have sufficient
airtime credit except in the event that this agreement is terminated in
accordance with conditions contained in this Agreement. At the end of such
period the Services will cease to be available to you regardless as to how much,
if any, unused airtime credit you may have remaining on your account.
You acknowledge that this agreement is subject to network service levels and
roaming agreements that currently exist between the mobile phone networks and
that they are outside of our control.
We shall endeavour to provide the Services at all times and we warrant to you
that the Services will be provided using reasonable care and skill.
Any warranties we provide you shall not apply to any third party services that
you may access through the Services.
If the provision of the Services is prevented or delayed by any act or omission
caused by you, we shall not be liable for any costs, charges or losses sustained
or incurred by You arising directly or indirectly from such prevention or delay.
We may, from time to time and without notice, change the Services in order to
comply with any applicable safety, regulatory or statutory requirements,
provided that such changes do not materially affect the nature, scope of, or the
charges for the Services.
Travelfone SIM reserves the right to:
• alter the name or number of the customer’s SIM, or other name, code or number
whatsoever allocated by Travelfone SIM from time to time for use in connecting with
Service;
• in an emergency, temporarily to suspend Service to the Customer wholly or in
part for the purpose of the provision of temporary emergency telecommunication
services; and to give such instructions concerning the use of Service as
Travelfone SIM decides from time to time in the interests of safety, quality of
service, to the Customers of the Service as a whole and the Customer agrees to
comply with such instructions.
Voicemail Service
We shall provide to those customers who request the Voice Messaging Service
access to any service or facility comprised in such a service. For reasons of system capacity, the
Voicemail Messaging Service is limited to a maximum amount of call storage time. We reserve the right to make
increased charges should such Voicemail storage reach the authorised limit,
suspend or terminate this service to any customer without notice.
General
Any difficulties you may have in relation to our services should be addressed to
us by email using the Feedback form on our website. We aim to respond to enquiries within
24 hours. We cannot guarantee to resolve any issue outside of our control within
any period, especially where interaction with the network operator is required.
Emergency Service: The use of a mobile phone to telephone 911, 999 or 112
service is not guaranteed and must not be relied upon as an alternative to
emergency calls via the fixed telephone network or the established marine
emergency procedures.
The GSM services are made available to you on the basis that you and any other
party using the Roaming SIM Service with your express, or implied consent, or
for whose use of the GSM services you are responsible.
You will:
• not use the services for any improper or unlawful purpose or allow others to
do so;
• only use mobile phones approved for use with the GSM network;
• comply with all relevant legislation or regulations relating to the use of
such equipment and the use of the GSM
network services;
• comply with any reasonable instructions issued by us from time to time, which
concern use of the equipment or the Roaming SIM card service and Top-up
Vouchers;
• comply with any reasonable request, in particular, in relation to the
investigation of fraud or other offences; and
• not act or omit to act in any way likely to injure or damage any person,
property or the network, or cause the quality of the GSM services to be impaired
or interrupted in any manner whatsoever.
Actions considered abusive or fraudulent by a subscriber of the mobile number of
any of the services provided to the service may result in the withdrawal of all
or any of the services. We are not
required to provide any notice of such a withdrawal, but we will attempt to
provide warnings by any suitable means.
We may interrupt or suspend the GSM services at any time, on reasonable notice
where possible, to facilitate any modification, maintenance or remedial work in
respect of the network or the GSM services.
We will use all reasonable endeavours to keep such events to a minimum.
We may interrupt or suspend the GSM services either with, or without, prior
notice to you and/or we may terminate this agreement if:
• you are in breach of any of these conditions or fail to comply with them; or
• you act or omit to act in such a way that the operation of the network or the
quality of the GSM services may in our reasonable opinion be jeopardized or
impaired; or
• you use, or attach to, the network, equipment which is not approved for use
with the network and which does not comply with all relevant legislation or
regulations in relation to their use; and/or we reasonably suspect that a fraud
is being perpetrated against us or a third party.
We reserve the right to levy a connection fee for any reconnection to the
network where your access to the GSM services has been interrupted or suspended
in circumstances envisaged above. In
such event, we reserve the right to refuse to reconnect you to the network
unless you furnish security or agree to adhere to the terms and conditions of
the service.
Nothing contained in the terms and conditions of sale of the global SIM card
service (including the SIM card packs and/or GSM Top-up Vouchers) will be
constituted as vesting in or transferring to you any right, title or interest in
the software, the mobile phone number or the number contained on any GSM Top-up
Vouchers.
We reserve the right to refuse any request for information where we are unable
to verify that the caller is the subscriber of the account.
Any person to whom your mobile number and account are transferred should be made
aware of these terms and conditions.
Copies of the terms and conditions are available on request.
Automatic Top-Up Service
So that you never find yourself in a
situation where you run out of credit and have no access to the internet to buy
more credit, we have an Automated Top-Up facility available. When you receive
your new SIM the service will be enabled. When the balance on the SIM reaches £2
we will automatically top-up your account with £10 credit.
If you do not wish to use the service then you can easily disable it. Just login
and click on the Auto Top-Up link on the Customer Account Management menu. Then
click on the "No" option. You can also easily change the settings here by
selecting the value at which the top-up will happen, and, also choose the amount
of credit to top-up by.
By having the service enabled you authorise us to debit your credit/debit card
with the amount specified on the setup, the details for which are taken from the
original purchase of the SIM.
SimSure Cover
If your SIM card is lost or stolen you must report this to us immediately so
that we can suspend the service on the original SIM card. This is done using the
contact us option on the website and choosing the “My SIM card has been
lost/stolen”. If you fail to do so any credit used by after the date the card
was lost or stolen will be forfeited.
simSure Standard covers the SIM card for a period of 12 months from the original
date of purchase. We will notify you 30 days prior to the expiry of the policy
to enable you to renew the insurance for a further 12 month period. simSure Gold
covers the SIM card for the lifetime of the product.
• The original mobile number will no longer be usable, and a new number will be
assigned to the replacement SIM.
• The policy only covers the replacement of the original SIM card and does not
cover any other equipment (e.g. mobile handset).
• The policy does not cover theft of the SIM from an unattended vehicle.
• The policy does not cover replacement of the SIM due to neglect or negligence.
• You are limited to one claim per 12 month period.
• We reserve the right to reject a claim or cancel a policy if we feel that it
is being misused.
• Once taken out the policy is non-cancellable by the customer. No refunds will
be issued.
Your right to cancellation
You have the right to cancel the contract at any time up to the end of seven
working days after you receive the SIM card, so long as you have not broken the
SIM from its carrier. A working day is any day other than weekends and bank or
other public holidays.
To exercise your right of cancellation, You must give written notice to Us by
email using the Feedback form on our website. If You exercise your right of
cancellation after the SIM cards have been delivered to you, you will be
responsible for returning them to the us at your own cost. They must be returned
to the Travelfone SIM office. You must take reasonable care to ensure they are not
lost or damaged in the meantime or in transit.
Once you have notified us that you are cancelling the contract, we will refund
or credit you within 30 days for any sum that has been paid by you or charged to
your credit/debit card for the Goods.
If you do not return the SIM Card as required, we may charge you a sum not
exceeding the direct costs of recovering them.
Term and Termination
If you do not use the SIM card for a period of 3 months and the SIM card isn't
registered on our website, this agreement will terminate automatically and shall
be deemed to be terminated by you. Any credit remaining on the SIM card will be
permanently lost and will not be refunded.
Travelfone SIM shall be entitled to terminate this agreement immediately if:
• You use the SIM Card for illegal, immoral, or improper use or any of the
information You have provided to us is found to be false.
• We shall be entitled to terminate the Services by giving You not less than 7
days notice, for reasons including but not limited to any breach of your
obligations under this agreement (which if capable of remedy are not remedied
within 7 days of Travelfone SIM informing you of the breach); or the us being unable
to provide the Services.
• If we terminate this agreement, you shall be compensated up to the amount of
airtime that is on your phone at the date of termination.
You shall be entitled to terminate this agreement at any time by informing us.
On termination, we are under no obligation to refund the airtime that is on your
phone at the date of termination,
On termination, we shall disconnect your Travelfone SIM SIM card. We reserve the right to refuse any
request for information where we are unable to verify that the caller is the
subscriber of the account.
Variation
Travelfone SIM can, from time to time, change these Terms and Conditions of
Service.,
You are not allowed to transfer or assign, all or any of your rights and
obligations under this Agreement to anyone else without our written permission. We may assign or sub-contract our
rights and/or duties either in whole, or in part, without your consent.
Law
This contract shall be governed by law in the United Kingdom and you hereby
submit to the jurisdiction of the United Kingdom High Court.
Limit of Liability
Travelfone SIM has no obligation, duty or liability in contract, tort (including
negligence or breach of statutory duty) or otherwise beyond that of a duty to
exercise reasonable skill and care.
In any event Travelfone SIM has no liability whatever, whether in contract, tort
(including negligence or breach of statutory duty) or otherwise for the acts or
omissions of other providers of telecommunications services or for faults in or
failures of the Service or SIM card.
Travelfone SIM does not exclude or restrict liability for death or personal injury
resulting from its own negligence or from the breach of its obligation to
exercise reasonable skill and care or liability arising by virtue of Part 1 of
the Consumer Protection Act 1991.
In any event in no circumstances shall Travelfone SIM be liable in contract tort
(including negligence and breach of statutory duty) or otherwise for loss
(whether direct or indirect) of profits, business, revenue or anticipated
savings or for any indirect or consequential loss, wasted expenses financial
loss data being lost or harmed or damage whatever.
Where the Customer does not take the Service in the course of a business (or
hold himself our as doing so), this does not affect the Customer’s statutory
rights.
Each provision of this clause is to be construed as a separate limitation
applying and surviving even if for any reason one or other of the said
provisions is inapplicable or held unreasonable in any circumstances and shall
remain in force notwithstanding termination of this Contract.
The Customer shall forthwith on demand indemnify Travelfone SIM against all claims
losses, liabilities, costs and damages that we may incur that anyone other than
the Customer threatens or makes against us because of the way the Service is
used or because the Service is faulty or cannot be used arising otherwise than
by reason of default on the part of Travelfone SIM .
Force Majeure
Travelfone SIM is not liable for any breach of this Contract where the breach was
caused by part of Travelfone SIM , insurrection or civil disorder, war or military
operations national or local emergency, acts or omissions of government, highway
authority, regulatory authority or other competent authority.
Travelfone SIM ’s compliance with any statutory obligation or an obligation under a
statute, international treaties and other international agreements, industrial
disputes of any kind (whether or not involving Travelfone SIM ’s employees), fire,
lightning, explosion, flood, subsidence, weather of exceptional
telecommunication service providers and foreign GSM or GPRS operations) or any
other cause whether similar or dissimilar outside our reasonable control.
Fair Usage Policy
The usage of the SIM card and any of its calling systems is expected to be a
fair balance between free incoming calls, chargeable incoming calls and
chargeable outgoing calls. Excessive volume or duration of only free incoming
calls or free call forwarding, determined at Travelfone SIM ’s discretion, acting
reasonably, will constitute abuse. Travelfone SIM reserves the right to monitor
usage, to apply call charges and/or withdraw the service from any SIM card, and
associated accounts, issued at any time in the case of overuse or abuse of the
free incoming calls facility. Travelfone SIM will not be liable for reimbursement,
compensation of call credit or purchase price or any subsequent loss of any SIM
card or account that is suspended under this Fair Usage Policy.