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 (i) to make increased charges should such Voicemail storage reach the authorised limit; (ii) to suspend; or (iii) to terminate this service to any customer.
Your Account and Charges for Service
- Our Prepaid service means that you purchase Top-up Vouchers enabling you to make calls, send SMS text messages and send and receive data. All Top-up Vouchers have an expiry date. The expiry date is shown on such Vouchers or communicated to you at the time of purchase and they must be used before their stated expiry dates. Failure to do so will result in an invalid Voucher and the credit will be lost. We and/or our authorized Agents will not refund monies for expired Vouchers.
- Our Postpay service means that you have elected to have us automatically either debit your credit card, or issue a payment request in the form of an invoice, when your usage balance reaches a certain threshold or on the basis of a calendar month charging period. In addition, should we offer you a Postpay service, this service will be subject to a monthly recurring charge (the "MRC").
- Charges for our Services shall be calculated by reference to our current, relevant Price List that is available to all customers on request, or through on-line access, and it should be noted that we reserve the right to up-date such Price List from time to time. Call charges shall be calculated by reference to the details of your calls recorded by, or recorded on behalf of WorldSIM. The duration of the call shall commence by reference to the details of all data transmitted or received by the Customer and will include any present data, recorded by, or recorded on behalf of WorldSIM. The amount of data will include such data that is added to control the flow of data across the relevant Mobile Carrier’s Cellular Service network.
- If you, as a Prepaid subscriber, make calls, charges are incurred and 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 global SIM card service to make outgoing calls or send outgoing text messages until you Top-up your account either using another Voucher or your debit/credit card. Incoming calls may not be allowed when you have no credit as certain inbound calls are chargeable.
- For Prepaid accounts, you hereby irrevocably authorise us to debit your debit or credit card for all relevant charges from your account as they are incurred by you. You may make calls until your credit is used up. If you Top-up before your credit expires, any unused credit from your previous Top-up will be carried forward. When you complete a call, the system will notify you of the call cost and your remaining credit balance. This service can be switched off and on as you elect, by simply going to our Website and accessing your "Profile" page. Additionally, at any stage, you can Dial 187 to find out your account balance.
- For Postpay accounts, you hereby irrevocably authorize us to debit your debit or credit card for all the relevant charges to your account as they are incurred.
- Once your account has been activated, you may receive, and make, calls on the global SIM card as long as your card has a positive balance of over 1GBP. If your balance drops below this amount, you will have 7 days from the end of the month to recharge/top-up your card. Thereafter the sim card will become permanently deactivated.
- If you do not renew your subscription by its anniversary date, then your global SIM card service will move to an inactive state and you will receive a fifteen (15 "grace period" within which to activate your account.. The following actions will automatically occur:
- Your service will become inactive but your online access to your account will remain active;
- You will not be able use the GSM service to make or receive calls (except to make calls to the emergency services and the Customer Service number 154). This period of inactive state will continue for a maximum of fifteen (15) days. You can reactivate your account at any time during this fifteen (15) day period and any unused credit unused from your previous Top-up will be carried forward; and
- If you do not reactivate your account during this fifteen (15) day period, your account will become retired from the network and any remaining credit will be forfeited. In such circumstances, WorldSIM has no liability or obligation to pay or refund you the cost of either any mobile handset and/or any SIM pack provided by us.
- Calls (except calls to certain fixed fee services and to Directory Enquiries and International Directory Enquiries numbers), are charged at 2 minute intervals from the United Kingdom and Europe and at 1 minute intervals from outside the United Kingdom and Europe. There is a minimum charge of 2 minutes for calls from United Kingdom and Europe and of 1 minute for calls from outside the United Kingdom and Europe. There will be no automatic compensation for disrupted calls.
- The cost of the calls is as set out in the Price List is available online at www.worldsim.com or on request. When we make a change to the charges payable, we will publish such change details on our website (including the operative date) in the Price List as soon as possible and, in any event, not less than 14 days before the change is due to take effect. We reserve the right to change a price with no prior notice in exceptional circumstances so long as it does not affect more than 5 destinations in any one calendar month.
- All published charges for the global SIM card service are exclusive of Value Added Tax ("VAT"), unless it is explicitly stated that they are "inclusive" prices. VAT, or any other applicable sales tax, will be charged at the prevailing rate of the country in which the subscriber resides at the time of the chargeable event.
- For Prepaid subscribers, 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 (120 seconds for calls from the United Kingdom and Europe and 60 seconds for calls from outside the United Kingdom and Europe), then such a call will not be allowed. For Postpay subscribers, if your charge card is either not chargeable, the transaction is declined by the charge card supplier or the payment of an invoice falls outside its stated terms, in such cases, we reserve the right to terminate our service to you.
- Your 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 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 is lost or stolen, it is your responsibility to report it both to the Police, and to WorldSIM, by using either the Customer Service number 154, by email using [email protected] or directly by calling us on Help Desk on +44 (0) 208 819 2557. Once reported, we will remove such the global SIM card from use. However, in any of such cases, you are responsible for any charges incurred up to that point. We will be happy to replace your global SIM card at a replacement cost of £25 plus VAT or Sales Tax (if applicable) and postage, so you can continue using the service with your original telephone number. We strongly advise that you take out insurance to cover any loss, damage or theft.
- Itemised statements of account are available with the global SIM card service, by logging onto your account online (www.worldsim.com). Logging-on requires a User Name and Password – which have been included with your SIM card package.
- Your credit is not transferable to third party accounts.
- 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 billable in US dollars. Alternative currencies may be offered.
- All WorldSIM customers with active sim cards will be charged an MRC (monthly recurring charge) of £1 per month. The MRC will normally be debited from your credit balance between the 5th and 19th of every month. The MRC charge applies to all sims that have been active since first use. A sim is deemed to be active from the first day it is used to make or receive calls or send or receive SMS messages or use of any data services. This charge will not be prorated. Sims that have not been activated will not be charged. MRC charges will pause when you have a zero balance to prevent a negative balance from occurring. When your balance reaches zero, all sim services will cease until you top up or recharge your sim.
- An active sim will continue to be charged until it is deactivated. A sim card that is deactivated is then removed from the HLR and cannot be used again. Deactivation is an irreversible event.
Global SIM Card
- A global SIM Card is provided. It may have been inserted into the phone you are using. You must not interfere with this card for any reason. If the SIM card is damaged (through no fault of WorldSIM), you will be required to pay for any replacement, exchange or repair of such SIM Card. If you require a replacement SIM Card you must notify us using the 154 customer service number, by email using [email protected], directly on +44 (0) 208 819 2557 or write to the WorldSIM office - quoting your name, address, contact telephone number, mobile number, PUK code (as printed on your SIM Card Holder & Certificate), day of activation of global SIM card service and/or proof of purchase, and any other relevant information that may be required by WorldSIM. A SIM card replacement will cost £25 plus VAT or Sales Tax (if applicable) and 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 WorldSIM SIM Card Holder & Certificate.
- In the event you have blocked your phone and you have lost your SIM Card Certificate, you must notify us using the Customer Service number 154, by email using[email protected], calling directly on +44 (0) 208 819 2557 or in writing and quote your name, address, contact telephone number, global SIM card mobile telephone number, place and date of purchase of the SIM pack, date of activation of GSM service and date of last Top-up voucher (and any other relevant information that may be required).
- 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 WorldSIM in writing and quote your name, address, contact telephone number, place, and date of purchase of the SIM card pack along with proof of purchase. There is a charge for replacing of £25 plus VAT or Sales Tax (if applicable) and postage payable in advance.
Variation of Terms and Conditions, Entire, Agreement, Assignment
- WorldSIM can, from time to time, change the Terms and Conditions of this Service, other than the charges payable under it, by a document referring expressly to this Clause and signed by a duly authorised employee of WorldSIM. WorldSIM will publish details of any changes (including the operative date) on its Website as soon as possible, but, in any event, not less than two (2) weeks before any changes are to take effect. Subject thereto, these Terms and Conditions and any document referred to herein constitute the entire agreement between us and shall not be varied save by agreement in writing.
- 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.
- The WIFI pass usage is subject to terms and conditions outlined by our service provider on their website. Only available at participating venues. Connecting GoGo is not included.
- Any difficulties you may have in relation to our services should be addressed to the Customer Service Centre. Please Dial154 – or call direct on +44 (0) 208 819 2557.
- 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 global SIM card service with your express, or implied consent, or for whose use of the GSM services you are responsible (see Clause 3. j. above). 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 global 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 at our main office, or via the website at www.worldsim.com.
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. 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 hand or post, fax or email, at the address, fax number or email address shown below, giving details of the SIM cards ordered and (where appropriate) their delivery.
- 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 Supplier at your own cost. They must be returned to the WorldSIM 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 Cards 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 12 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. The USA number on the SIM must be used every 60 days in order to keep the same number, if you do not use your USA phone number within the 60 day period you will be issued a new USA number.
- WorldSIM 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 WorldSIM 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 WorldSIM 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.
Provision of the Services
- The Services supplied under this agreement shall continue to be supplied for 12 months following your last use of the Services provided You have sufficient airtime 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 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 the Supplier's 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.
Law and Arbitration
- This contract shall be governed by law in the United Kingdom and you hereby submit to the jurisdiction of the United Kingdom High Court.
- Any dispute arising under this Contract, which does not involve a complicated issue of law or a sum exceeding £5,000 (or such sum as may be set from time to time by the relevant governing trade or government authority) may be referred to arbitration by either party.
Limit of Liability
- For the avoidance of doubt, WorldSIM 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.
- Subject to Clause 8.b, in any event WorldSIM 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.
- WorldSIM 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.
- Subject to Clause 8.b, in any event WorldSIM’s liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with this Contract or howsoever otherwise shall be limited to £500,000 for any one incident or series of related incidents and £1,000,000 for any series of incidents related or unrelated in any period of 12 months.
- In any event in no circumstances shall WorldSIM 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 Clause 9 does not affect the Customer’s statutory rights.
- Each provision of this Clause 9 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 WorldSIM 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 WorldSIM.
WorldSIM is not liable for any breach of this Contract where the breach was caused by part of WorldSIM, 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. WorldSIM’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 WorldSIM’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.
General Powers of WorldSIM
WorldSIM reserves the right to:
- Alter the name or number of the customer’s Cell phone, or other name, code or number whatsoever allocated by WorldSIM 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 WorldSIM 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.
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 WorldSIM discretion, acting reasonably, will constitute abuse. WorldSIM reserves the right to monitor usage, to apply call charges and/or withdraw the service from any SIMcard, and associated accounts, supplied to the Buyer at any time in the case of overuse or abuse of the free incoming calls facility. WorldSIM will not be liable for reimbursement, compensation of call credit or purchase price or any subsequential loss of any SIMcard or account that is suspended under this Fair Usage Policy.