Terms

Definitions

These words have the following meanings:

"Agreement" is the agreement between you and dataroam for the European SIM card services to which these conditions will apply;
"Account" is the account in which we record all your credit and charges;
"User Guide" is the instructions that explain the European SIM service. It also explains how credit operates and provides other relevant information;
"European SIM card service," "GSM services" or "GPRS service" means the ability to send, or receive, data over the network using post pay, credit and includes any other GSM services which we provide as part of the European SIM card service;
"Dataroam’s office" means the address given in the ‘Contact Us’ section on www.dataroam.com.
"Equipment" or "Mobile Hot Spot" means equipment, and a SIM card (where the context requires), which is approved for connection to the network which is used by us to give you access to the European GSM services;
"GPRS" is the General Packet Radio Service for the transmission and receipt of data;
"Holder" means the case in which the SIM card and associated documents were delivered to you;
"MRC" means "Monthly Recurring Charge"
"Network" is the Digital GSM Network;
"Services" – data bundle selected at time of purchase
"SIM Card" means the Subscriber Identity Module issued to you for use with our network;
"We" "us" and "our" means dataroam;
"You" or the "Customer" means the party purchasing the SIM Card

Our Agreement

This agreement between you and Dataroam begins at the time that we accept your request for GSM data services by accepting payment for the European SIM card.

The use of your European SIM card and associated mobile number and account while roaming is possible on networks of operators with which we have a roaming agreement for GSM and/or GPRS services.

The European SIM card service is a radio based GSM service and there are natural limitations to quality and coverage. While 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 access data when you are in an area covered by the relevant network.

Your Account and Charges for Service

Our Postpaid service means that you purchase data beyond your purchased bundle on a per GB basis at the per GB rate agreed at the time of purchase.

Our Post-pay service means that you have authorized us to automatically debit your credit card for any additional data used beyond your monthly data bundle within each 30 day per period. In addition, should we offer you service beyond the 30 day period, 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 listed at www.dataroam.com

For Post-pay 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.

If you do not renew your subscription by its anniversary date, then your European SIM card service will move to an inactive state and you will receive a one year grace period within which to reactivate your SIM card. 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 data service. This period of inactive state will continue for a maximum of 365 days. You can reactivate your account at any time during this time frame by calling into the Dataroam sales department.

If you do not reactivate your account during this 365 day period, your SIM card will become retired from the network and your account will be closed. In such circumstances, Dataroam has no liability or obligation to pay or refund you the cost of either any mobile Hotspot and/or any SIM pack provided by us.

All published charges for the European SIM card service are exclusive of sales tax unless it is explicitly stated that they are "inclusive" prices. Applicable sales tax, will be charged at the prevailing rate of the State in which the subscriber resides at the time the order was placed.

Itemized statements of account are available with the European SIM card service, via our e-mailed electronic invoice.

Charges for our services are calculated and billable in US dollars.

All Dataroam customers with active SIM cards will be charged a MRC (monthly recurring charge) of $24.99 per month. The MRC will normally be debited from your credit card between the 1st and 15th 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 for any data services. This charge will not be prorated. SIMs that have not been activated will not be charged.

An active SIM will continue to be charged until it is deactivated. A SIM card that is deactivated is then suspended for one year. Deactivation is an irreversible event.

European SIM Card

A European SIM Card is provided. In the event you purchased a Mobile Hotspot device from Dataroam the SIM will have been inserted into this device for you. You must not interfere with this card for any reason. If the SIM card is damaged (through no fault of Dataroam), 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 customer service number or by email using support@dataroam.com, providing your name, address, contact telephone number, mobile number, day of activation of European SIM card service and/or proof of purchase, and any other relevant information that may be required by Dataroam. A SIM card replacement will cost $5 plus Sales Tax (if applicable) and postage and must be paid for in advance.

To prevent unauthorized use of your SIM card, Dataroam will temporarily suspend service to the SIM card in the event of excessive data usage being reported by the network. If the SIM card is blocked, you will be unable to use your data card, this will only happen after the bundle is reached and excessive data usage beyond the bundle is reported by the network. In order to unblock the SIM card, you must reply back to Dataroam using your provided contact e-mail provided at the time of the purchase.

In the event you have lost your SIM Card, you must notify Dataroam by email using support@dataroam.com, or by calling directly on 214-509-5745. Quote your name, address, contact telephone number, Dataroam SIM card mobile number, date of purchase of the SIM, and date of activation of GSM service.

Variation of Terms and Conditions, Entire, Agreement, Assignment

Dataroam 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 authorized employee of Dataroam. Dataroam 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.

General

Any difficulties you may have in relation to our services should be addressed to the Customer Service Center. Please call 214-509-5745 and select option (3).

The GSM services are made available to you on the basis that you and any other party using the European SIM card service with your express or implied consent, as well as for whose use of the GSM services you are responsible, will comply with the following:

Not use the services for any improper or unlawful purpose or allow others to do so;
Only use mobile devices approved for use with the GSM network onto which you will roam;
Comply with all relevant legislation and 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 European SIM card service;
Comply with any reasonable request, in particular in relation to the investigation of fraud or other offences; and
Not 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 subscriber, may result in the withdrawal of all or any of the services. We are not required to provide any notice of such a withdrawal, we will when possible 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 endeavors 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 European SIM card service will be constituted as vesting in or transferring to you any right, title or interest in the software or the mobile phone number.

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 www.dataroam.com.

Your right to cancellation

You have the right to cancel the contract at any time within seven days of receiving the SIM card.

To exercise your right of cancellation, you must contact Customer Services at Dataroam at +1-214-509-5745. 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 service.

Term and Termination

The SIM card will be activated on the date provided in the online order. Any data remaining on the SIM card after the 30 day activation period will be permanently lost and will not be refunded.

Dataroam 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 seven 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 seven days of Dataroam informing you of the breach); or Dataroam being unable to provide the Services.

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 Dataroam 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 Account registered under this agreement shall continue to be supplied for 365 days following your last use of the Services. At the end of such period, unless you notify Dataroam that you wish to reactivate your SIM card, the Services will cease to be available to you and the SIM card will be retired.

By using your Dataroam European SIM card 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 endeavor 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

These Terms and Conditions shall be deemed entered into in Dallas County, Texas and shall be governed by the laws of the State of Texas.

Limit of Liability

For the avoidance of doubt, Dataroam 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 the above, in any event Dataroam 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.

In any event in no circumstances shall Dataroam 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.

Each provision of this Limit of Liability section 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.

Dataroam will in no event be responsible, nor shall subscriber make any claim against Dataroam, for any liability, claim, loss, injury, damage or expense of any kind (including lost profits) whether direct, indirect or consequential caused by the equipment or the failure of the equipment to operate correctly, or at all, or delay, faultiness (such as degradation of service), failure of service or deactivation of service pursuant to these terms & conditions. If applicable state law does not allow the disclaimer of certain implied warranties the relevant portions of the above exclusions may not apply. Force Majeure

If the performance of any part of these Terms and Conditions by Dataroam is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, terrorist attack, or any other causes beyond the control of Dataroam, Dataroam shall be excused from performance to the extent that it is prevented, hindered or delayed by such causes.

Dataroam reserves the right to:

Alter the name or number of the customer’s SIM number, or other name, code or number whatsoever allocated by Dataroam 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 Dataroam 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.