Data SIM terms and conditions

  • Country coverage may change in the future without notice

  • You need to give us two weeks notice when requesting cancellation

  • Roaming outside the plans coverage area may incur additional charges

  • We’re flexible. If you need to amend a plan get in touch

Changes to this contract

Occasionally the network operator may add or remove countries in which the SIM card will function. We reserve the right to adjust the coverage list at any time due to these changes or any variations imposed by the network operator. We also reserve the right to change future terms of the contract. For a current list of countries that are covered by your plan, please contact your account manager.

Plan price changes

Unless specifically listed in the Price per GB field of the About your plan section, the actual price per GB may vary depending on the SIM card location and are post-paid per GB. If you haven’t received a copy of the rate card and country coverage information, please ask your account manager to supply you with this information.

Out of zone charges

The sim card(s) we provide may work outside of the intended coverage areas. You are responsible for any charges should this happen and the operator may also disconnect or block your card. We can provide you with a list of MCCs (mobile country codes) on request - you can usually add these numeric codes to your router's accepted list. Get in touch should you need assistance and we’ll be happy to help.

Subscription charges, renewal & cancellation

Subscriptions are renewed on the 1st day of the month. New subscriptions are charged in full regardless of start date, this also means that you can access your full data allowance. We need two full weeks notice in order to cancel a plan. You are free to cancel your plan after the minimum term has elapsed.

Acceptance

Accepting a quotation or paying an invoice means that you are accepting these terms and conditions. You acknowledge that you have read, understand and agree to the terms and conditions set forth in this document. The Terms and Conditions within the Service Activation Form (this document) constitute a legally binding contract (the "Contract") between Wave Connect LTD ("Provider") and the customer purchasing products or services from the Provider (‘’Customer’’).

Terms and conditions

1. Interpretation

In this Contract:

1.1 "Account", means the registration of the Customer by the Provider in order to provide the Service to the Customer;

1.2 ‘’Early Termination Charge’’ shall have the meaning given in section 12 hereof;

1.3 "ICCID" means the unique identifying number of the SIM card the Subscriber uses to access the Service as described by the Provider;

1.4 ‘’Minimum Contract Period’’ (MCP) shall have the meaning given in section 10 hereof;

1.5 ‘’Minimum Notice Period’’ (MNP) shall have the meaning given in section 11 hereof:

1.6 "Service" means the provision of a SIM card to the Customer to be used onboard the Customer’s yacht or vessel or business premises or other network device in order to enable access to 5G/4G/3G/2G data within the Territory, as indicated by the Customer in the Service Activation Form;

1.7 ‘’SIM’’ means SIM Card;

1.8 ‘’Territory’’ means the countries indicated in the country coverage list that will be supplied upon request by the Customer and may be amended by the Provider from time to time.

2. Service

2.1 In order to use the Service, the Customer is required to open an account with the Provider. By doing so, the Customer is deemed to have accepted these terms and conditions.

2.2 An Account will provide the Customer with the ability to use the Service via a specific single SIM card.

2.3 The SIM card will be activated prior to shipping and delivered to the Customer free of charge unless specified in the Special Notes section.

2.4 The SIM card(s) will attempt to connect to the strongest available network when available. The Provider shall not be held liable for any failure to connect to a network in the country as specified in the Country Coverage section of this document.

2.5 The Customer may not use the Service whilst located outside the Territory. Access to foreign networks shall depend upon the arrangements between foreign operators and the SIM operator. The Provider shall not be held liable for any failure to connect to roaming partners.

2.6 In the eventuality that the Customer makes use of the Services outside of the Territory, the Customer shall be charged the roaming surcharge at the operator's rate to a maximum of two thousand EUR (2000€) in a single month. The network operator may also choose to suspend, cancel or block the Customer sim card(s) to mitigate further costs. This may result in complete loss of internet access. The Provider shall not be held liable for loss of internet access should the SIM be suspended, cancelled and blocked by the network operator.

2.7 5G, 4G or 3G download/upload rates will be dependent upon the installation and geographical location of the Customer’s vessel.

2.8 In the event that the SIM is lost, damaged, destroyed, stolen or misplaced, the Customer may order a replacement SIM, which shall be reactivated at an administrative cost of fifty EUR (50€).

2.9 The Provider represents and warrants that it is authorised to enter into this contract and that in so doing it is not in violation of the terms or conditions of any contract or other agreement to which it may be a party.

2.10 In the event of disposal or sale of the vessel, the Customer shall notify the Provider immediately in writing. The customer shall remain liable for payment of all costs and charges until the effective date of termination of this agreement in terms of section 13 of this Contract.

3. Service Fees

3.1 The Customer shall pay the fees indicated in the Service Activation Form. The customer will be billed monthly in advance for the provision of the Services, and payment of such fees will be due within seven (7) calendar days of the date of each invoice issued by the Provider. If there are any additional fees due (for example, in the case of pay as you go plans), these will be billed at the end of the billing period (unless specified this is the first day of every month). All payments will be made in the specified currency and NET of bank charges (the Customer is due to pay bank fees). Late payments hereunder will accrue interest at a rate established in accordance with applicable law. If in its judgement the Provider determines that the Customer is not creditworthy or is otherwise not financially secure, the Provider may, upon written notice to the Customer, modify the payment terms to require full payment before the provision of the Services or other assurances to secure Customer's payment obligations hereunder.

3.2 Unless otherwise instructed by the Customer, the Provider shall send invoices to the billing address/valid email address indicated on the Service Activation Form (or any other address notified to the Provider by the Customer in advance and in writing).

3.3 In the event that the Customer opts for payment by automated monthly billing, the Customer shall, upon providing the Provider with his/her debit/credit card details via a secure form, be authorising the Provider to directly debit its account, on a monthly basis, as a means of payment for the Service to be provided by the Provider.

3.4 For the automated billing platform the Provider utilises is provided by Stripe Inc. The Customer shall receive a custom link which will enable the Customer to manage scheduled payments.

3.5 The Provider shall debit the amount indicated in the Service Activation Form on such dates indicated in clause 3.1 above.

3.6 The Customer’s bank is at liberty to either refuse to effect payment or to reverse a payment if the Customer’s bank account does not have sufficient funds to meet the direct debit amount. Any charges levied by the Customer’s Bank due to insufficient funds shall

be directly debited to the Customer’s account. Furthermore, an invoice will be sent by the Provider for the outstanding payment and an administrative fee of fifty EUR (50€) shall be charged by the Provider to re-activate the SIM.

3.7 The Provider reserves the right to revise the fees and payment terms indicated in the Service Activation Form and this Contract at any time, by providing the Customer with twenty (20) days’ notice.

4. Internet service

4.1 The Provider shall not be liable whether in contract, tort (including negligence) or otherwise for the acts or omissions of other providers of telecommunications services for the faults in or failures of their networks and equipment.

4.2 The Customer acknowledges that the Provider has no control over the information that can be accessed by using the Service, and that the Provider does not control the use to which the Customer puts the Service or the nature of the information the Customer is sending or receiving.

4.3 The Service provides the Customer with an ability to use the internet. The internet is separate from the Service and use of the Internet is at the Customer's own risk and is subject to any applicable laws. The Provider has no responsibility for any goods, services, information, software, or other materials obtained by the Customer when using the Internet.

4.4 The Customer also acknowledges that data transmitted via the Internet may be protected by third-party rights, including inter alia, intellectual property rights and copyright. The Customer is solely responsible for the data that the Customer consults and transfers via the Internet, and the Customer may not transmit or request data that violates or may violate any third party's rights.

4.5 The Customer hereby acknowledges and agrees that the Internet is not a secure network, in particular regarding data transmissions. Accordingly, the Provider does not warrant the integrity, authentication and confidentiality of the information, files and data exchanged by the Customer via the Internet. The Customer is responsible for taking all appropriate steps to protect its data and/or software from corruption, virus contamination or intrusion in its device.

5. Restrictions on use

5.1 The Customer must not resell or attempt to resell the Service unless otherwise agreed between the parties;

5.2 The Provider reserves the right to immediately suspend the Service, or refuse the Service and terminate this Contract, without liability, if the Customer, or anyone using the Customer's account, uses the Service:

i) fraudulently, for fraudulent purposes or in connection with any criminal offence;

ii) in an unlawful manner, in contravention of any applicable legislation or licence;

iii) via computers or networks or other systems or devices which are infected with viruses, Trojans or other malware whether or not the Provider has notified the Customer of such malware;

iv) via computers or networks or other systems or devices in an infected state once this has been advised to the Customer by the Provider or other people whether or not on behalf of the Provider;

v) to download an unreasonably large amount of data when compared to the published Service Package Description Limits;

vi) in a way that does not comply fully with any instructions that the Provider has given the Customer;

vii) in such a way that degrades the Service to other Customers, as determined by the Provider;

viii) in such a way that is uneconomic for the Provider;

ix) in such a way to cause annoyance, inconvenience or needless anxiety;

x) for transmission of any data which is prohibited, illegal or contrary to international public order, such as, but not limited to, pornography, paedophilia, fascist and/or terrorist-related information;

xi) for hacking or any attempt to illegally use, manipulate, or appropriate data or information via the Internet, including, but not limited to, breaking the security of any online systems, such as, without limitation, e-commerce Internet sites, financial institutions, and any other activity prohibited by law;

xii) to send, knowingly receive, upload, download, distribute, share, use or re-use any material which is abusive, indecent, defamatory, obscene or menacing (specifically including via P2P file-sharing protocols, such as BitTorrent for example);

xiii) to send, knowingly receive, upload, download, distribute, share, use or re-use any material which is in breach of copyright, confidence, privacy or any other rights (specifically including via P2P file-sharing protocols, such as BitTorrent for example);

xiv) to send or procure the sending of any unsolicited advertising or promotional material such as but not limited to, spam;

xv) to send knowingly any material which contains software viruses or any computer code, files or programmes designed to interrupt, damage or destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or

xvi) if the Provider considers, in its sole discretion, that the Customer's use of the Service is in any other way unacceptable as determined by the Provider;

xvii) to consume a large amount of data consistently on a monthly basis when using the unlimited plan (or simply unlimited plan). A large amount of data consists of exceeding 1TB (1000GB) for 3 consecutive months (1TB per month).

xviii) to consume a large amount of data consistently on a monthly basis when using the unlimited phone plan. A large amount of data consists of exceeding 10GB for 3 consecutive months (10GB per month).

5.3 If the Service is used as described in this section, the Provider will regard the Customer as in breach of contract and will enforce the terms of section 6 below.

5.4 The Customer shall indemnify the Provider against any claims or legal proceedings that are brought or threatened against the Provider because the Service is used in breach of this section. The Customer shall notify the Provider of any such claims and keep the Provider informed as to the progress of such claims.

6. Breach of contract

6.1 Breach of Contract will result in the suspension of Services or termination of this Contract:

i) immediately if the Customer commits a breach of this Contract; or

ii) the Customer does not pay the fees in accordance with section 3 above; or

iii) immediately if the Customer is the subject of a bankruptcy order or becomes insolvent, or makes an arrangement with creditors, or a receiver or administrator is appointed over any or of the Customer’s assets.

6.2 Where a Customer is in breach of the Contract, the Provider reserves the right to cancel any agreement with the client by giving 24 hours’ notice of cancellation of Services. In addition to terminating an account, the Provider can take any action deemed necessary to

collect any monies outstanding from the Customer in lieu of his agreement and may collect all equipment deemed part of the Agreement.

7. Disclaimer & limitation of liability

7.1 The Provider disclaims all warranties, express, implied, statutory or arising from a course of dealing or performance, with respect to the services, equipment, and any other products, services or equipment provided hereunder, including, but not limited to, warranties of merchantability, fitness for a particular purpose, Performance in a workman-like manner, compliance with laws, quality, accuracy, completeness or currency of information, system integrability, title, quiet enjoyment and non-infringement. The Provider does not represent, warrant or covenant that the products, services or equipment provided will operate uninterrupted, error-free or without degradation or delay or loss of data, or be secure. In no event will the Provider or its affiliate, third party service provider, facility operator or carrier, or their respective owners, directors, managers, officers, employees or agents collectively, “provider parties”) be liable for any direct, actual, indirect, consequential, special, punitive or any other damages, or for any cost of cover or lost profits of any kind or nature whatsoever, arising from or related to this contract or a provider party’s performance or nonperformance of obligations hereunder, a failure of or a defect in the services, equipment or any product, a Provider party’s violation of a third party’s right, or a Provider party’s acts or omissions. The Provider will not be liable for the acts or omissions of, a failure or a defect in any product or service provided by, or violation of any third party’s rights by any third-party service provider, facility operator or carrier. The Provider parties’ maximum total liability to the Customer will not exceed one month’s recurring fees under the relevant service order.

8. Indemnification

8.1 Indemnification by the Provider. The Provider will defend Customer, at its expense, against any third-party claim or action, and indemnify Customer from any and all losses, damages, liabilities, settlement obligations, costs, attorneys’ fees and other legal expenses related to such third-party claim or action, for bodily injury, death or property damage arising from the Provider’s gross negligence or willful misconduct. Customer must:

(a) promptly notify the Provider in writing of the claim or action;

(b) allow the Provider to control, and cooperate with the Provider in, the defence and any related settlement negotiations; and (c) be and remain in compliance with this Contract.

8.2 Indemnification by Customer. Customer will defend the Provider, at Customer’s expense, against any third-party claim or action, and indemnify the Provider from any and all losses, damages, liabilities, penalties, settlement obligations, costs, attorneys’ fees and other legal expenses related to such third-party claim or action, arising from or related to:

(a) Customer’s breach of this Contract or an agreement between Customer and a third party;

(b) Customer’s violation, infringement or misappropriation of the third party’s intellectual property or other rights in Customer’s use of the Services;

(c) Customer’s violation of the third par ty’s privacy, publicity, personality or other rights;

(d) Customer’s fraud in use of the Services or fraud or misrepresentation regarding the nature or volume of Customer’s traffic;

(e) Customer’s violation of any applicable Law;

(f) bodily injury, death or property damage to the extent such claim or action arises from the negligence, gross negligence or willful misconduct of Customer, or if strict liability applies;

(g) Customer’s business, acts or omissions. Customers will not settle any claim or action without the Provider’s prior written consent.

The Provider will have the option, at its expense, to participate in the defence or settlement of the claim or action with counsel of its own choosing. If a conflict of interests arises or exists between the parties or if the Provider has a good faith belief that its rights are being harmed by the counsel selected by Customer, the Provider will have the right to retain separate counsel to represent its interests at Customer’s sole cost and expense.

9. Privacy

9.1 The Services use the public Internet and third-party networks to transmit voice communications and data. The Provider is not liable for the interception, use or disclosure of Customer’s voice communications or data. The Provider does not represent, warrant or covenant that the Services will maintain the privacy or security of Customer’s voice communications or data.

10. Duration of contract and minimum contract period

10.1 The Contract is for the Minimum Contract Period (MCP).

10.2 The length of the MCP is 1 month for pay as you go sim cards and 3 months for all other plans, unless otherwise stated in the Special Notes section of this document.

10.3 After the MCP, the contract shall continue until terminated in accordance with section 11.

11. Minimum notice period (MNP)

11.1 The Minimum Notice Period applies to the MCP.

11.2 If notice is given during the Minimum Contract Period, the Early Termination Charge will apply as detailed in section 12.

11.3 The Minimum Notice Period is one calendar month. Any payments due within the one month period remain due.

12. Early termination charge

12.1 The Early Termination Charge is calculated as follows:

12.1.1 If the Customer wishes to terminate the Contract within the MCP, the Early Termination Charge is the balance of all payments due until the end of the MCP.

13. Termination of contract

13.1 The Contract may be terminated:

i) by either the Customer or the Provider after the Minimum Contract Period, by giving one calendar months notice (the Minimum Notice Period); or

ii) at any time by the Provider in terms of section 6 above.

14. Notice

14.1 Notices under this Contract may be given on-line by electronic mail using the Service, or in writing and delivered by hand or sent by pre-paid post to the addressee as follows:

i) to the Provider at its Registered Office or any alternative address the Provider notifies to the Customer at any time.

ii) to the Customer: at the postal address or email address, the Customer specifies in the Service Activation Form or any alternative address which the Customer notifies to the Provider.

15. Entire contract

15.1 This Contract, all documents referred to herein and any related Service Activation Form executed by the parties constitute the entire agreement between the parties and supersede any and all prior agreements between the parties with respect to the subject

matter hereof. No additions, deletions or modifications to this Contract or any Service Activation Form shall be binding unless;

(a) made in a writing signed by both parties or

(b) agreed to by the party to be charged by electronic means.

In the event of a conflict between any of the terms and conditions of this Contract and any Service Activation Form, the terms and conditions in the Service Activation Form shall prevail.

16. Force majeure

16.1 The Provider’s performance of any part of this Contract shall be excused to the extent that it is hindered by flood, fire, natural disaster, strike, riot, war, terrorism, hostile attack, governmental action, cable cuts, supplier shortages, breaches, or delays, or any other cause (whether similar or dissimilar to those listed) beyond the Provider’s reasonable control (“Force Majeure”). The Provider may terminate the Services without liability in the case a Force Majeure hinders its performance for more than five (5) days.

17. Binding nature and assignment

17.1 This Contract and any related Service Activation Form shall be binding upon the addition of a Customer signature and ensure to the benefit of the parties hereto and their respective successors or assigns; provided, however, that Customer shall not assign or transfer its rights or obligations hereunder without the prior written consent of the Provider. The Provider may subcontract all or any part of the Services provided and assign and transfer its rights and obligations under this Agreement.

18. Law and jurisdiction

18.1 This Contract is governed by English Law in the United Kingdom and subject to the exclusive jurisdiction of the United Kingdom courts.

Last updated