What you need to know
The parties to this Agreement are AirGSM Pte. Ltd., a company registered in Singapore (“AirGSM”) who supply the products and services to the customer. In this Agreement, “we”, “us” and “our” shall refer to AirGSM and you – the person who orders and uses the products and/or services for private and personal use. A customer includes any person who we reasonably assume is acting with your authority. In this Agreement, “you” and “your” shall refer to you as our customer.
1. These general terms and conditions apply
to all of the products and services offered by AirGSM whether for a specified
fee or incorporated into other charges. The current valid and binding version
of the Agreement at any given time shall apply unless terminated under the
terms of this Agreement and shall be published by us on our website,
2. This version of the Agreement takes effect from 1st May 2017 and shall remain valid and active until amended or terminated in accordance with the relevant provisions of the Agreement.
4. Any SIM Card we provide to you is provided under license and remains our property. We may change your SIM Card or require you to return it at the end of this Agreement.
5. Only AirGSM credit vouchers may be used to add credit to your AirGSM SIM.
6. We can be contacted via email: email@example.com
7. The definitions and interpretations set out in this clause shall apply in this agreement:
8. The headings in this Agreement do not affect its interpretation. A “person” can refer to an individual, a body corporate, association or partnership and includes a reference to that person’s legal personal representatives and/or successors to whom this Agreement is lawfully assigned. Unless the context otherwise requires, a clause is a reference to a clause of the Agreement. In the event of a conflict between any documents of the Agreement, the following descending order of precedence shall apply: – the General Terms and Conditions, the Rate List, any other advertising materials. Product and Services
9. This agreement begins at the time that you activate your AirGSM SIM card
10. We provide the Services using a combination of AirGSM’s infrastructure and the Network of our partners in the United Kingdom and abroad. You acknowledge that Services provided under the Agreement are subject to arrangements that are in the control of other networks and their operators, including the Network, that are outside of the control of AirGSM.
11. The use of your 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.
12. The following calls you cannot normally make from your SIM card: (a) Operator assisted calls 100; (b) All Charge card calls, (144 numbers); (c) Reverse charge calls, (d) Certain premium number calls (e) Calls to emergency numbers
13. The SIM card service is a radio based GSM service and there are natural 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 GSM services or for a call being cut off for any reason whatsoever. You will only be able to make and receive calls when you are in an area covered by the relevant network signal and that you have sufficient call credit available to make a call.
14. Your pre-payments for credit vouchers are not repayable by us, nor is any interest payable on any credit you may have with us. Every time a chargeable service is used by you, the value you have added to the Account via credit voucher is reduced with reference to the relevant Charges and Rate Lists. Please note that uses of Internet or electronic credit vouchers are not guaranteed as secure by us so be careful when using it.
15. AirGSM neither represents nor warrants that the Products themselves nor the operation of the Services (or related products or services, including those of third parties) will be uninterrupted, timely, secure or error-free or that it will meet your specific requirements, even if those requirements have been notified to AirGSM in advance.
16. The quality and availability of the Services or Products are subject to certain limitations and circumstances beyond our reasonable control including, but not limited to, physical, geographic and atmospheric conditions and the functional capability of services and products as supplied to AirGSM.
17. The availability and maintenance of the Network varies depending on location. The quality and coverage of the Services depends in whole or in part on your Mobile Phone, the Products, the Network, and the other telecommunications networks or Services to which you are connected to via the Network. The Services might be adversely affected if too many people try to use the Network at the same time; by physical features (such as buildings etc.); and by atmospheric conditions or other causes of interference. In particular, AirGSM does not warrant that calls will not be dropped; GPRS connections will not be lost; that the transmission of data calls will occur at any particular speed or time; that all traffic (including certain bandwidth capacities) can or will be transmitted by the Network; or that there will be absolute protection of its Network against unauthorized access or interception.
18. Subject to this Agreement, AirGSM shall exercise such reasonable skill and care in the provision of the Products and/or Services as may be expected of a reasonable mobile communications provider, and AirGSM further warrants that the Products will be of satisfactory quality, will conform in all material respects with their description, and will be free from material defects in design, materials and workmanship.
19. We may modify or suspend the Services, wholly or partially, without notice where such modification or suspension is deemed necessary by us (e.g. for maintenance, upgrading, security, emergency or other valid reasons) or by an authorized authority. All reasonable efforts shall be made to minimise such Service disruptions, however, some interruption may be inevitable. We will notify you where and as soon as it is practicable to do so.
20. We may, from time to time and without notice, change the Services and Products in order to comply with applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services and Products or the Charges.
21. For our International Roaming services, the roaming partner networks on which we rely to support the service while you are abroad may be limited in quality and coverage which we have no direct control over. Access to these partner networks will depend upon the arrangements and or agreements between the Network and the foreign operators. We therefore cannot guarantee 100% access to International Roaming or other Services while abroad. The use of services outside the UK, may be subject to laws and regulations of the country you are roaming in. AirGSM is not liable for your failure to comply with those laws and regulations. You may also be charged for receiving calls on weekends and where you are roaming outside the Free incoming zones. Data charges are likely to be higher, and you are advised to consider temporarily turning off any functionality that may be using data services while roaming. AirGSM will not be responsible for any data charges incurred whilst roaming for failure to turn off any functionality that may be using data services that is not required for use by you.
22. Without prejudice to any other provisions of the Agreement, we reserve the right to: a) issue such reasonable instructions concerning the use of the Services as may be necessary in the interests of safety, quality of Services, other customers or telecommunications services as a whole, or for any other reason we deem sufficient; and/or b) block certain numbers from the Services, International Roaming; and/or disconnect the Services and Products on a temporary or permanent basis where there are reasonable grounds to suspect fraudulent, AIT or GSM Gateway activity, or where we would suffer direct loss as a result of any use of the Services.
23. Use of Products and Services is limited to fair and reasonable use as may be defined by us from time to time. Our Services and Charges assume fair and reasonable use of the Service by you. In the event of the usage being in excess of the terms of the Agreement, we reserve the right to review the Charges applied to your Account or to suspend or terminate the Services offered to you.
24. Certain types of calls are not offered as part of the Services. Please refer to our website www.sim4crew.com for details. Special rate services (such as non-geographic numbers in the UK starting 08 to which non-standard prices apply) are not available unless requested through Customer Services.
25. We reserve the right where deemed necessary by us to alter the mobile telephone number designated to your AirGSM SIM Card, or any other name, code or number associated with the Services, subject to reasonable notice to you in the circumstances.
26. All incoming voice calls which are not answered or which are received when the Product or Services are busy, switched off or out of coverage will be automatically diverted to the voicemail Services where you have activated them. This functionality cannot be altered. In the interest of other users, we limit the number and duration of the messages that can be left on your voicemail service. Please note that the confidentiality of messages cannot be guaranteed and you should take reasonable steps to secure or delete your messages. You must not record any abusive, obscene or hoax messages likely to cause offence to other people, including any AirGSM employees, nor may you allow others to do so.
27. We display or disclose the Customer’s telephone number where we are obliged to do so by law.
28 a) For SMS services, a standard text message is 160 characters long. Some Handsets permit you to send a SMS that is longer than the standard size. Where this is the case, the message will be divided up by us into the required number of texts required to convey your full SMS message. Each one of these SMS will be charged at the standard rate. Receiving international and UK standard SMS whilst in the UK is free. Premium Rate Services, SMS sent and received whilst abroad, reverse charged SMS, text messages sent to a non-UK based phone, and/or long text messages, are not included in the standard rates and therefore additional Charges may apply. The cost for sending a text message is deducted from your Account shortly after it is sent. Delivery of any given SMS cannot always be guaranteed.
28 b) For all calls lasting more than 5 minutes, the final minute will be billed as 120 seconds.
29. Charges for our services are calculated and billable in USD.
30. If the SIM card is damaged (through no fault of AirGSM), 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 by email at firstname.lastname@example.org – quoting your name, address, contact telephone number, mobile number, PUK code (as printed on your SIM Card Holder & Certificate), day of activation of AirGSM SIM card service and/or proof of purchase, and any other relevant information that may be required by AirGSM Customer’s Obligations
31. For our Pre-Pay Service to you, you shall pay for such Services by purchasing credit vouchers by any method approved by us from time to time.
32. You shall give AirGSM your correct and current personal details, including your name and current address.
33. You shall treat as confidential, and store in a safe place, all of your security information including your PIN or PUK codes and any other codes and passwords used to access the Services or to communicate with us. You shall not give access to your security information to anyone else. AirGSM shall not be liable for any loss arising from your failure to keep such information secure.
34. You are responsible for the acts and omissions of any and all persons using the Services and Products through your AirGSM SIM Card. Without prejudice to any provision of the Agreement, you as our Customer agree that you: i. are wholly responsible for the content of the use of the Service, and we are not responsible or liable for any call content, message or other communication sent or received by you or any other person using your Account, SIM Card or Handset (including content which contains a virus or other harmful or unlawful material); ii. will not reverse the charges on any telephone call or accept a reverse charged call. This applies even where you loan/give your Mobile Phone with the AirGSM SIM Card to someone else; iii. have no representation or warranty from us as to the quality, accuracy, correctness, completeness or suitability of any call content; iv. will not attempt to, actually gain, permit or actively or inactively allow any third party to attempt to gain unauthorized access to the Services and/or Network; v. rely on, or use, any and all content at your sole risk; vi. will not use or permit the use of the Services or the Products for any improper, indecent, immoral, obscene, unlawful, harassing, harmful, unauthorized, defamatory, offensive and/or fraudulent purpose, or to cause any injury, offence or annoyance to any person or to send unsolicited commercial messages to any person; vii. will not use or permit any use of the Services or Products, so as to cause the operation of the Network or the quality of Services to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system, nor to misuse and/or abuse the Services and/or the Network; viii. will comply with the Agreement and any User Guide(s) governing your use of the Products and/or Services, and will remain solely responsible for the manner in which these are used; ix. will comply with the terms of any legislation or any license applicable to you as the Customer or us, including all relevant codes of practice as may be issued from time to time by the Government, a regulator or other competent authority; x. will not incite, encourage or induce members of the public to make calls to a particular number simultaneously.
35. You will not exploit the Services commercially or to the detriment of AirGSM. Enterprises affiliated with a Customer are considered third parties within the meaning of this clause. For the avoidance of any doubt this includes use of the Products and/or Services for the purposes of fraud, AIT or the operation of a GSM Gateway.
36. You will co-operate with all reasonable requests made by us relating to the provision of the Services to you.
37. Number Portability/Transfer of an AirGSM number to another network provider AirGSM offers a specialised international roaming service that works on a call back system using special numbers. These numbers are not part of the mobile number portability scheme. Due to this reason, mobile numbers cannot be ported to or from AirGSM from another network provider and we are unable to provide you with a PAC code. Tariffs/ Pricing
38. The current and binding Charges including Price Lists and Price Plans for Products and Services are published on our website at www.sim4crew.com Charges may be amended by AirGSM from time to time without prior notice.
39 a) Call Services and the related Charges are quoted and charged by the minute. Therefore the minimum call charge shall be for one minute at prevailing rates.
39 b) Data is charged in 200 kb increments. DATA and CAN bundles will incur a daily charge of 20Mb. Asia bundles will incur a daily charge of 10Mb. The countries this is valid in is stated in our FAQs and can be changed at anytime without prior notice given.
40. If you continue to use the Services after an amendment to the Charges comes into effect, this shall be deemed to be your acceptance of the new Charges. Intellectual Property Rights
41. Any and all names, trademarks, copyright, brands and logos of AirGSM belong or are licensed to us as Intellectual Property (“IP”) and shall remain with us at all times, along with any related title and goodwill attached to them. You may not copy, reproduce or amend any of the AirGSM’s names, trademark, pictures, brands and logos, without prior written consent of AirGSM or copy any of AirGSM’s manuals or documentation.
42. AirGSM permits you as a Customer a revocable, non-transferable and non-exclusive right to use the IP related to the Products and Services provided by AirGSM strictly for the proper use of the Services or Products, in accordance with, and for the duration of, the Agreement. AirGSM retain all the rights to all such IP. If you infringe the IP rights of AirGSM which cause financial, reputational or any other damage or harm or results in the company being is held liable for infringement of any third parties IP, you shall hold harmless and indemnify AirGSM in full against any such claims. Exclusions, Liabilities and Remedy
43. Except as otherwise provided in this Agreement all conditions, warranties or other terms (whether express or implied by operation of law or otherwise) are hereby excluded to the extent permitted by law. You also recognize that the Service may, from time to time, be adversely affected by events outside our control, including, without limitation, congestion, network coverage, dropped connections, the performance of wireless enabled devices and the maintenance of a secure network connection.
44. We are not liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to any losses in relation to: i. the deletion, with or without notice or cause, of any of your data or information stored on the Products and/or Services; ii. your use of, reliance upon or inability to use, our Products, Services and/or Content; iii. any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or failure, suspension or withdrawal of all or part of the Products and/or Services at any time; or iv. the removal from the Products and/or Services of any material sent or posted by you on or via the Services and/or the blocking or suspension of your access to the Services or any part thereof in accordance with the Agreement.
45. AirGSM’s liability to you under this agreement shall in no circumstances exceed $150.
46. Nothing in these terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited. Nothing in these terms affects the statutory rights of you as a consumer (if applicable).
47. If you are not fully satisfied with any part of the Services, Products and/or this Agreement after it is amended, your sole and exclusive remedy is to discontinue Using the Services, or where you have paid us for any element of the Services and/or Products, to seek a pro-rata refund as outlined in the Agreement for the cost of that element which has caused dissatisfaction. You are not entitled to a refund where we have suspended or terminated your access to the Services or Products as a result of breach of the Agreement by you. Term and Termination
48. AirGSM reserve the right to enforce a monthly fee to cover dormancy charges. Customers will be notified in advance of any impending charges applicable.
49. For Pre-Pay Services, you are entitled to terminate this Agreement at any time by informing AirGSM’s Customer Services in writing.
50. In the event of termination of the agreement between you and us, your right to use any AirGSM SIM card and any number associated with it also terminates. For avoidance of doubt the AirGSM SIM card and the AirGSM number always remains the property of AirGSM
51. AirGSM shall be entitled to terminate this agreement immediately if: i. You use the SIM Card for illegal, immoral, fraudulent or improper use; or ii. any of the information You have provided to us is found to be false.
52. We shall be entitled to terminate the Services by giving you not less than 14 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 AirGSM informing you of the breach); or by us being unable to provide the Services.
53. If we terminate this agreement, no payment will be made in respect of any unused call credit available on the date of termination.
54. On termination, we shall disconnect your AirGSM 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.
55. We reserve the right to change any and all terms and conditions of the Agreement at any time without notice. Where such changes are in favour of you as a Customer, where changes are not in favour of you as a Customer (This does not apply to tariff changes or price plan changes) we will provide 30 day notice on our website www.sim4crew.com. You may wish to terminate the agreement prior to commencement of the changes, however your continued use of our service after the changes are in force will be deemed that you have accepted the changes. The current terms and conditions are always available on our website www.Iivttamobile2.com
56. Furthermore, we also reserve the right to make incidental changes to this Agreement where required to do so to comply with legal, regulatory or tax changes, for circumstances otherwise outside of AirGSM’s control, or for minor changes incidental to the operation of the Agreement. Such changes can be made by us immediately and without any notice other than by publication on our website. Governing Law
57. This Agreement and the supply of the Products and Services is governed by the laws of Singapore, and the Singaporean courts have exclusive jurisdiction in respect of any dispute arising out of the Agreement, unless we require a court order or injunction against you in another jurisdiction. Assignment
58. We are entitled to transfer this Agreement to another Group Company, Joint Venture Partner or any other person capable of providing equivalent Services to you at any time without notice to you.
59. You may not transfer the rights and obligations arising out of this agreement to any third parties without our prior written consent. In case of Pre-pay Services the third party to whom you transfer the rights and obligations under this agreement will need to be registered on our website and will be deemed to have accepted our terms and conditions in force at the time of assignment and any subsequent changes. Third Party Rights
60. No term of this Agreement is enforceable by any third party who is not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999. Returns and Replacements
61. Under the Distance Selling Regulations, you may cancel the Agreement and return the Handset or SIM Card, in its unopened packaging, within 14 days of receipt. Please see clause 72 for further details
62. Where you are returning a product within 14 days on the basis of it malfunctioning or having a defect, AirGSM reserves the right to reject returns if any content is missing, the product is damaged, marked or is considered to be in poor condition. AirGSM accepts no responsibility for customer details, contacts or content remaining on the product. Cancellation
63. You may cancel this Agreement within 14 days of receipt of your Products. You must return your unused AirGSM Pre-Pay SIM Card or any other Products within 14 days. Please note the SIM Card must still be attached to the original SIM Card holder. If we do not receive the Products by the required date, if they have been used, broken or if the Products returned are incomplete, then we reserve the right not to offer a refund.
64. You are responsible for both the SIM Card and any other Products until they are received by us and subject to satisfactory inspection by us.
65. Any and all returns of AirGSM Products should be addressed and sent at your own expense to us. Please contact Customer Service for the address to which your returns should be sent. Please note that proof of sending does not mean proof of receipt by us and you may wish to send such items by recorded delivery for confirmation of receipt by us.
66. Refunds (where applicable) will be credited to the Credit Card or Paypal account used for the original purchase after receipt of the returned Products. Refunds
67. Where applicable, refunds for any Products are made by credited to the Debit or Credit Card or Paypal account originally used for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow up to 30 days for the processing of any such refund.
68. This policy operates in addition to any other statutory rights you may have as a consumer. Waiver
69. No failure or delay by either party in exercising any right, power or privilege under this Agreement shall operate as a waiver of such right, power or privilege unless it is agreed in writing and signed by both parties. Severability Should any provision or provisions of the Agreement be found to be or become invalid, illegal or unenforceable this shall not affect or impair the validity, legality or enforceability of any other provision of the Agreement provided that this does not materially prejudice AirGSM’s respective rights and obligations under the Agreement.