General Terms and Conditions

1 Multiple Country SIM product
1.1 This Agreement represents the entire terms of agreement between You the “Customer” and SIM4travel regarding your purchase and use of SIM4travel SIM cards, associated goods and services. (SIM4travel is a trading name of Software Cellular Network Limited).

2 Scope
2.1 Customer shall be entitled to use the SIM Card and the call balances technology offered by SIM4travel (together "the Service" and/or "Services") subject to the terms set out below.

2.2 Customer agrees to be bound by these General Terms and Conditions which shall apply to the Customer's purchase and use of the Services. Customer acknowledges that he is aware that these General Terms and Conditions which shall apply to all uses of SIM4travel's Services. If you do not wish to be bound by these terms and conditions then you may not purchase or use the Sim4travel Services.

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 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 responsible for all use of the Services by the Customer or any 3rd party (with or without permission of the Customer) and is wholly responsible to pay for the use of all Services and for all Charges associated with the Services. Please refer to the “Our Rates” page of the SIM4travel website for the Charges.

3.2 The Customer shall be responsible for ensuring that the Services are compatible with the Customer’s equipment and any hardware. SIM4travel shall have no liability or responsibility for the use of the Services or compatibility of the Services with any equipment, handset or technology that has not been supplied or authorised by SIM4travel. The Customer shall be responsible for all use of the Services including but not limited to handsets, its proper configuration and installation, compliance with any regulations and applicable instructions issued either by SIM4travel. 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. SIM4travel does not provide any protection or guarantee. Additionally, the Customer is required to fully co-operate and to duly comply with SIM4travel 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 SIM4travel's Web Site situated at www.sim4travel.com ("the Website") and shall encompass without limitation, the use of duly pre-tested material.

3.3 The Customer must comply with all reasonable security procedures and standards with respect to the Service. SIM4travel 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 Sim4travel of the Service by any means, including via the Website.

3.4 The Customer must:

3.5 You must activate your SIM Card within 30 days of receipt or within 60 days of dispatch to the Customer from SIM4Travel or its distribution partner whichever is the later.

3.6 You must inform SIM4travel immediately if your SIM card is lost or Stolen. SIM4travel will take all reasonable action to cancel any stolen or lost SIM Cards within 72 hours of notification and subject to verification of account and subject to payment of an administration charge, SIM4travel will apply any outstanding balances to a replacement SIM card which has been purchased by the Customer as a replacement. SIM4travel is not responsible for any service fees, call costs or other cost incurred due to a lost or stolen SIM Card.

3.7 It is Customer’s responsibility to ensure that your mobile telephone handset is compatible with the Services that you purchase from us. This may include ensuring that your handset is 'unlocked' and is compatible with the network in the country where you wish to use it.

4 Equipment and Software
4.1 SIM4travel 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 SIM4travel and shall not be altered by the Customer. The standing instructions may be modified at any time by SIM4travel.

5 Obligations of SIM4travel
5.1 SIM4travel 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 SIM4travel shall use reasonable efforts to operate and maintain the Service, contingent upon SIM4travel's and/or SIM4travel's service provider's ability to maintain necessary licenses or permissions, or SIM4travel's and or SIM4travel service provider's network capacity and connection availability. Please note that the network operator in the country of use will be responsible for network coverage and network availability. Sim4travel gives no warranties or guarantees as to network coverage or availability of any network or suitable coverage. We will not provide a refund for any failure to make calls due to problems with network coverage.

5.3 SIM4travel has no obligation to monitor the Service; however, SIM4travel 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 SIM4travel'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 all content, information and communications transmitted using the Services and shall indemnify SIM4travel for any loss or liability that SIM4travel may incur as a result of any content or material which is transmitted using the Services.

6.2 If the Customer uses the Services outside the UK, you may be subject to different laws and regulations that apply. SIM4travel is not liable for your failure to comply with those laws or regulations.

6.3 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 SIM4travel against all any liabilities , claims, actions, liabilities, loss, damage, costs and expenses suffered or incurred by Sim4travel as a result of any breach of the Customer's obligations or warranties in this Agreement.

6.4 The Customer warrants that it shall comply with any laws, regulations or conventions 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).

6.5 The Customer acknowledges that a breach of the obligations and/or warranties contained in this Agreement could lead to a claim or liability or disruption in the provision of the Service by SIM4travel. In the event of such breach, SIM4travel shall be entitled to suspend the performance of the Services to the Customer and its obligations under this 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 and attached to the Service provided to you by SIM4travel remain vested in SIM4travel. Accordingly, SIM4travel 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, all technology and intellectual property as part of the SIM Card remains the property of or is licensed to SIM4travel, which grants to you a non exclusive license to use the Services and preserves SIM4travel’s 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 Services in accordance with the applicable Price List in force at the time of using the SIM Card and available on www.sim4travel.com ("the Website"). In particular, Customer agrees with such charges being directly deducted from its account.

8.2 The applicable rates that apply for use of the Services shall be the ones duly published on the Website at the time of using the SIM Card.

8.3 SIM4travel reserves its rights to increase and/or make any other change to the applicable charges at any time. SIM4travel shall give notice by publishing any increased rates or charges 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 Services are subject to the additional charges as detailed below:

8.6 Any charges associated with incoming calls are detailed on the “Our Rates” section of the Website. However if your credit balance falls below the value of the Network Service Fee the Service to you shall be suspended and You will not be able to receive incoming calls until your credit balance has been increased. If an incoming call is received whilst the Services are suspended, the call will be diverted to your SIM4travel voicemail service. All other calling charges remain. You will be sent a Flash SMS to inform you that you can no longer receive incoming calls and prompt you to add credit.

8.7 The charges applied by SIM4travel 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 the Customer submits a written (either via letter, fax or email) request within forty-five (45) days after the disputed occurrence and subject to payment of a reasonable administration charge.

9. Refund Policy
9.1 The SIM4travel Service operates on a pre-pay basis and you will be prompted to pay these rates in advance. SIM4travel has no obligation to refund any payments made in advance as set out in these terms. Except as permitted under the Distance Selling Regulations and as referred to in these terms above, no refunds will be made for unused credit. Where SIM4travel provides you with free calls or other special offer services no cash alternative will be given.

10. Returns Policy
10.1 Where You have purchased a SIM Card and / or Services via our Website, and if you are a consumer, as defined in the Consumer Protection (Distance Selling) Regulations 2000, You may cancel the purchase of our Services and return any SIM card and any associated products to us un-used and unopened within 7 days of receipt of the goods by you. Any return of these goods shall be at your cost. If you wish to cancel the service to you and return any SIM card and associated products to us please contact us at www.SIM4travel.com.

10.2 You may return any goods and cancel the Service you have purchased within seven (7) working days of delivery for any reason (including if you simply change your mind). PLEASE NOTE THAT YOU CAN ONLY RETURN THE SIM CARD IF YOU HAVE NOT USED ANY AIRTIME AND IF THE PACKAGES ARE UNOPENED AND UNUSED.

10.3 When we receive the returned products, we will refund to you the cost of the products which will be paid as soon as possible, but in any event within thirty (30) days. We will also refund to you the cost of any Airtime Credit which you purchased for the Services provided for any such unused Airtime Credit.

10.4 You must arrange for and pay the costs of returning the Goods to SIM4travel. While in your possession, you must keep the products in good condition. The products must be returned to us in their original packaging. If you do not return the products to us, we reserve the right to charge you for the cost of recovering the products from you.

11 Invoicing and Terms of Payment
11.1 SIM4travel provides Services on a prepayment basis. Should any payment remain outstanding, the Customer shall remit such amount within seven (7) days from SIM4travel's request. In case of lack of payment without the above period of time, SIM4travel may immediately suspend the Service pending remittance by the Customer of such due payment. Failure to make any payment may result in termination of the Services to the Customer.

12 Terms of Payment
12.1 Payment shall be considered as effected when SIM4travel receives the applicable cleared funds for the full amount due in its bank account.

13 Promotions
13.1 When You receive the SIM Card, you may be provided with a promotional credit balance. This is provided solely at SIM4travel’s discretion and details of this credit will be provided to you at the time of supply. There is no alternative monetary value attached to any promotional credit. Unless expressly detailed otherwise by SIM4travel, such promotional credit balances shall be void if the SIM Card has not been activated within 30 days of dispatch from SIM4travel or its distribution partners. Promotional Credit will expire 30 days after the SIM Card has been activated.

13.2 SCN may from time to time send you information about our products and services. If you do not want to receive information about our products and services you should contact us in writing at s4t.support@sim4travel.com. We ask your permission, on the registration page, for your permission to send you information from our commercial and marketing partners. Please see our privacy policy for further details.

13.3 Where a SIM4travel top up voucher is bought in store and has a 12 digit activation PIN, the value is redeemable against SIM4travel airtime credit only. The voucher must be activated within 90 days of purchase. To activate follow the instructions on the voucher or visit the SIM4trvel website. Once activated the credit will be added to your account and will be subject to the General terms and conditions of SIM4travel.

14 Suspension
14.1 SIM4travel 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 SIM4travel's contracting party's network integrity which may be caused by the Customer or anyone using the Customer's access; or

(v) for a violation of SIM4travel's acceptable use policy or for other behaviour that in SIM4travel's reasonable discretion may be deemed to be illegal; or

(vi) in order to protect SIM4travel, at its sole discretion, from legal liability which relates to a breach of obligation and/or warranties by the Customer.

15 Duration
15.1 In the event that the Customer does not use the SIM Card or the call balance components for any continuous period of 270 days, SIM4travel is entitled to invalidate the SIM Card and/or call balance components and cancel the Customer’s account and Services without prior notice and without any refund, repayment or compensation payable to the Customer.

16 Warranty and Limitation of Liability
16.1 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, Sim4travel, 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.

16.2 SIM4travel makes no express or implied warranties, representations or endorsements regarding any merchandise, information, products or services provided. An entire fault free service cannot be guaranteed, and that within national and international telecommunications networks faults and errors cannot be excluded.

16.3 SIM4travel shall not be liable to the Customers and/or its customers for any direct or indirect loss or damage, loss of opportunity or business or indirect losses 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 SIM4travel.

16.4 For the avoidance of doubt, under no circumstances shall SIM4travel 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.

17 Force Majeure
17.1 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.

17.2 Are regarded as force majeure, unexpected circumstances in relation with persons and/or material used or normally used by SIM4travel 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 SIM4travel. Are also regarded as force majeure any events belong SIM4travel's reasonable control. SIM4travel will not be responsible for loss or damage suffered by Customer as a result of SIM4travel's failure to perform its obligations under this Agreement due to force majeure.

18.3 Will be regarded as force majeure, without this list being limited, strikes, company blockades, epidemics, natural disaster and legal or administrative restrictions.

19.4 Should the Force Majeure event exceed a 3 (three) month period the Agreement may be terminated with immediate effect.

20 Intellectual Property
20.1 SIM4travel will grant the Customer a personal and non-exclusive license to use any of the software and documentation regarding the service supplied by SIM4travel during the present agreement. SIM4travel 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.

21 Modification of this Agreement
21.1 SIM4travel expressly reserves its rights to modify, at any time, parameters of its services as well as these General Terms and Conditions.

21.2 The Customer shall be given notice of such changes, modifications, variations from the Website and the Customer is advised to regularly monitor use of the Services via the Website www.SIM4travel.com. The Customer agrees that an appropriate publication on the Website is an acceptable notice.

21.3 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.

22 Governing Law & Language
22.1 This Agreement shall be governed by, construed and enforced in accordance with the laws of England and Wales.

22.2 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.

23 Complaints
23.1 Our code of conduct for complaints can be viewed here.

24 Miscellaneous
24.1 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.

24.2 SIM4travel remains free to assign rights and duties contained in this Agreement to a third party.

24.3 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.

24.4 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.

24.5 The travel SIM product only supports voice and text services. It does not support GPRS, WAP, or MMS (both sending and receiving).

24.6 SIM4travel is a trading name of Software Cellular Network Ltd, company number 04187081 whose registered address is 5 New Street, London, EC4A 3TW, United Kingdom

24.7 All correspondence shall be addressed to The Customer Service Director, Software Cellular Network Ltd t/a SIM4Travel, 4 Royal Mint Court, London, EC3N 4HJ, United Kingdom

SIM4travel Survey Prize Draw Terms and Conditions

By entering the SIM4travel survey prize draw you agree to be bound by the following terms and conditions which shall govern this prize draw:

1. To take part in this prize draw you must complete and submit the SIM4travel survey before 1st July 2009.

2. The Competition is open to residents of the UK only.

3. There will be one winner only and one prize allocated. The winner will be chosen at random from all the entries received. The method and process of the draw shall be at SIM4travel’s sole discretion The odds of winning are depend on the number of eligible entries that are received by SIM4travel.

4. The judges' decision is final. No correspondence shall be entered into.

5. Only one entry per email address is permitted.

6. The Prize is:
£300 of holiday vouchers with Lastminute.com.

7. There is no purchase necessary to enter this competition. However entry into the competition is dependent on the SIM4travel survey being fully completed and submitted.

8. The prizes are non-transferable. There is no cash alternative available. SIM4travel reserves the right to substitute the prize for one of similar nature and value at its sole discretion.

9. The winner will be notified by email within one (1) week after the closing date of the survey and the prize will be fulfilled and made available by SIM4travel to the winner within twenty-eight (28) days of notification of the draw to the winner.

10. If a winner cannot be contacted within twenty-one (21) days after the close of the competition by the details provided with their entry, the prize will be forfeit and an alternative winner will be drawn.

11. The winner agrees to be named on the SIM4travel/Truphone website and any other literature after the prize draw and may be required to take part in or co-operate with publicity free of charge.

12. The winner authorised SIM4travel making their identity known to those entrants upon written request where an entrant so requests by sending such a request and a stamped self-addressed envelope to the Marketing Department, SIM4travel, 4 Royal Mint Court, London, EC3N 4HJ, UK

13. SIM4travel accept no responsibility whatsoever for any expenses incurred by the winner.

14. SIM4travel reserve the right to amend these rules at any time. Submission and receipt of an entry shall be deemed to be acceptance of these terms and conditions.

15. SIM4travel shall not be liable for any damage, loss or disappointment suffered by any person taking part or not being able to take part in the competition.

16. SIM4travel is not responsible for any lost, delayed or damaged entries whether or not submitted electronically.

17. SIM4travel cannot be held responsible for the performance, specification or ability of the prize offered nor any other loss or liability caused by the use of the prize.

18. Use of false name or address, ie name by which the entrant is not usually known, will disqualify them from receiving any prize.

19. Entrants must supply full details as required, and comply with all rules to be eligible for the prize. No responsibility is accepted for ineligible entries or entries made fraudulently.

20. SIM4travel will keep your personal details for a reasonable time so that we can send you any prize that you have won, to verify that these rules have been complied with, and for accounting or other regulatory purposes.

21. SIM4travel shall ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998.

22. This prize draw is not open to SIM4travel employees or their families.

23. This prize draw is not open to entrants under sixteen (16) years of age.

24. SIM4travel may at any time issue specific rules to be read in conjunction with these rules.

25. SIM4travel reserves the right to cancel this prize draw at any stage, if deemed necessary in its opinion, and if circumstances arise outside of its control.

26. This competition is run by Software Cellular Network Limited. Software Cellular Network Ltd is registered in England and Wales with company number 4187081 and whose registered address is Carmelite, 50 Victoria Embankment, London EC4Y ODX. SIM4travel is a trading name of Software Cellular Network Limited.

27. This competition is subject to the Laws of England and Wales and shall only be valid in any other jurisdiction where it is held to be legal under local law.

28. This competition is administered by Software Cellular Network Limited.