Terms and Conditions
Poginet SIM card is a data-only SIM card that enables broadband internet access in your mobile device.
“Account” means a Customer’s account, which is identified by the Customer’s information entered during registration as provided in Section B.1 below, and which contains the Customer’s balance.
“Company”, means Poginet Ltd. and/or any of its affiliates, subsidiaries, parent companies involved in providing the Customer with the Services;
”Customer” means a user of the Services;
“Description of Services“ means a document that set forth the specific prices and charges, service descriptions, and other information that apply to each of the Services. The Description of Services can be reviewed on the Website;
“Services” mean the telecommunication services provided by Poginet Ltd. via its partners as more specifically described in the Description of Services. The Services may not be available in all locations;
“SIM card” means a SIM card manufactured upon request of and in accordance with requirements of the Company and which is designed to facilitate internet access on the territory, at the price of and under the terms and conditions as are set out on the Website.
B. SIGN-UP AND USE OF SERVICES
1. Opening an Account
The Customer can access an Account by login with a SIM card credentials. Upon an attempt to access the Account via a web browser, the Customer will be prompted to login to an Account by accepting the terms and conditions of this Agreement, entering an Activation Code printed on the card, certain identification data (such as address, etc.), email address, creating a password. Once the Customer has completed these steps, his or her Account is considered active. The Customer acknowledges and agrees that (i) the information provided to the Company regarding the Customer while opening an Account and any subsequent changes thereof shall be complete, correct and true (ii) the Customer shall promptly (in no more than 3 days) notify the Company of any change to such information, either by updating the Customer’s Account directly, or by notifying the Company by e-mail sent to firstname.lastname@example.org.
To use the Services, the Customer shall make a prepayment by entering valid information for payment services accepted by the Company. The Company may use such information to verify the Customer’s identity (as permitted by applicable law).
For fraud prevention or any other similar security reasons, the Company may change Account name and password at any time in its sole discretion upon providing a written notice to the Customer of such modification. The Company may deny the Customer’s application and refuse to provide him or her with the Services for any reason, which determination shall be made at the Company’s sole discretion.
2. License & Restrictions
Subject to the conditions of this Agreement, the Company grants the Customer a personal, revocable, non-exclusive, non-sub-licensable, and non-transferable license to use the Services subject to the terms of and for the duration of this Agreement. Except to the extent contrary to applicable law, The Customer is prohibited from causing or permitting the reverse engineering, disassembly or de-compilation of the SIM card or the Services. The Customer is prohibited from reselling, sub licensing or using the SIM card or the Services to provide service bureau data processing services or to otherwise provide data processing services to third parties. The Customer will not allow the SIM card or the Services to be used by, or disclose all or any part of the SIM card or the Services to, any person except the Customer his or herself. The Customer expressly acknowledges and agrees that any applicable export and import laws govern the Customer’s use of the SIM card and the Services and he or she will neither export or re-export, directly or indirectly, either the SIM card or the Services, nor any direct product thereof in violation of such laws, or use either the SIM card or the Services for any purpose prohibited by such laws.
3. Confidentiality of Account Information
THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE CUSTOMER’S ACCOUNT AND SIM SECURE CODES, AND AGREES TO PAY FOR THE SERVICES CHARGED TO HIS OR HER ACCOUNT, WHETHER OR NOT THE CUSTOMER HAS AUTHORISED SUCH USE. THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES THAT RESULT FROM THEFT OR FRAUDULENT USE OF THE CUSTOMER’S MEANS OF PAYMENT (CREDIT/DEBIT/CHARGE CARD, ETC.). THE CUSTOMER AGREES AND ACKNOWLEDGES THAT HE OR SHE IS WHOLLY RESPONSIBLE FOR THE SAFETY AND SECURITY OF THE DEVICE THROUGH WHICH HE OR SHE RECEIVES THE SERVICES AND THE CUSTOMER AGREES THAT THE COMPANY IS NOT LIABLE FOR UNAUTHORISED USE OF THE SERVICE THROUGH THE CUSTOMER’S DEVICE. The Customer may remain logged into the Service on his or her device even when not using the device. If the Customer believes that his or her Account and/or password is/are being used in an unauthorized manner, he or she must contact the Company immediately, so that the appropriate modifications can be made to the Customer’s Account. Please be aware that the Customer’s Account information will be sent to the e-mail address indicated by the Customer. The Customer is responsible for maintaining a current, operational and secure e-mail address and for promptly reading e-mail from the Company, so that the Company can notify the Customer of updates to the Services and provide information concerning the Customer’s Account. The Company shall not be responsible for any damage caused to or losses incurred by the Customer in case a third party obtains an access to the Customer’s email account and obtains the Customer’s Account information or other personal information.
The Customer must be at least 18 years old to use the Services.
5. Unauthorized Use of SIM Card
If a SIM card used by the Customer to access the Services is lost or stolen, or if it is being used to access the Customer’s Account or the Services without his or her permission, the Customer is required to notify the Company immediately. The Customer is responsible for all charges to the Customer’s Account until the Company is able to suspend the Services.
6. Customer Service and Support
If the Customer has questions, concerns or complaints about the Services, he or she may send an e-mail to the Company’s Customer Support department at email@example.com. Customer Support is available during standard business hours Central European Time (not available on weekends).
C. CHARGES AND PAYMENTS
1. Rates and Charges
The Company’s rates and charges are listed in the Rates of Services and are available on the Website. The rates are based on per MB charge, per data bundle charge, volume of traffic (megabytes) which is to be consumed by the Customer. Volume-based tariffs and rounded up in 10KB increments at the end of each session. Per day tariff Service availability time starts at the time of activation of the Service and ends in 24 hours. All times are local for place of Service usage. The Customer is responsible for checking the applicable rate, before using the Services. Charges for ordering a SIM card may include a delivery fee to cover shipping and handling costs.
2. Application of Payments and Credits
When usage of Service incurs a charge to the Customer’s Account, the Company will first charge against any available bonus, promotional or other credits from the Customer’s Account. Once such credits are depleted, the Company will charge against any available balance purchased with the Customer’s payment means (credit or debit card, etc.). All credit expires after 18 months inactivity (measured from the date of last use). Adding additional credit will reset the expiration date on any unused credit in the Customer’s Account.
3. Taxes and Other Charges
The Customer must pay all taxes, fees, surcharges and other charges that the Company bills the Customer for the Services, unless the Customer can provide documentation satisfactory to the Company that the Customer is exempt. Taxes, fees, surcharges and other charges will be in the amounts that any applicable governmental authorities require the Company to bill the Customer. The Company will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.
4. Rate Changes
The Company may change the rates and charges for the Services and offer special promotions from time to time without providing advance notice. Any and all alterations in pricing policy and special promotions will be reflected on the Website.
The Customer agrees to pay the Company for the Services at the rates and charges listed in the Description of Services. It is the Customer’s responsibility to notify the Company of any changes to the Customer’s payment information, including the expiration date of any credit or debit card used for the Account. If for any reason the Customer’s balance becomes negative, the Customer hereby authorizes the Company to charge the negative balance to any payment means on file with the Customer’s Account without any additional confirmation. Please note that the Company reserves the right to retain any credit, debit card or other payment information the Customer provides to the Company and to charge outstanding amounts to any such payment means as long as the Customer’s Account remains active for a reasonable period thereafter.
6. Billing Disputes
The Customer is responsible for reviewing the Customer’s Purchase History and Usage History or billing information, as the case may be. Failure to notify the Company by e-mail (firstname.lastname@example.org) of any disputed charges within thirty (30) days of the charge being posted to the Customer’s Account will be deemed a full and complete acceptance of the charges and waiver of any claims related to such charges. To the extent the Company determines that a billing adjustment is warranted, the Company will credit the Customer’s Account as provided in the Description of Services.
7. No Refunds
Once the Customer has used any amount purchased, including bonus credit, all of such amounts immediately become non-refundable.
8. Shipping & Returns of SIM Card
When placing an order for a SIM Card the Customer must advise the Company of the delivery address. For all orders a delivery fee depends on delivery type may be added to the order, which covers postage and handling. The delivery time may vary for different counties. The Customer is responsible for providing the Company with correct delivery address and contact details. Delivery is deemed effected on the date that the Company places a SIM card with a shipping agent, F.O.B. Shipping Point, for shipment to the delivery address the Customer provided. The Company will not be held responsible or liable for items that are shipped late, damaged as a result of shipment, shipped to an address that was submitted incorrectly, or not delivered successfully where the name provided was incorrect. If, after submitting the Customer’s order, he or she notices that any details are incorrect, the Customer should contact the Company immediately by emailing email@example.com. If the Customer’s order has been dispatched, before the Company receives notification of incorrect details, the Customer may be charged an additional fee for redirecting the order.
All orders purchased through the Website site will be checked and, where necessary, the Customers will be contacted to discuss their orders. In any case where a phone number is not valid, the phone is unanswered or the Customer does not return calls or respond to emails, such orders will be put on hold and cancelled after 24 hours.
The cancellation and holding of orders is at the Company’s sole discretion and refunds will be made at time of order cancellation if the Company believes that an order does not contain sufficient information or detail for shipment.
Should the SIM card does not function as set forth in this Agreement and it is confirmed by the Company’s liaison with the Customer’s complain, the Company shall compensate the Customer the expenses for delivery of such SIM Card within 30 days from the receipt of such non-working SIM card. For the avoidance of doubt, such compensation shall be solely in the amount of cost of delivery of the SIM Card to the Customer and cost of redelivery of a non-working SIM Card back to the Company. All requests for compensations or exchanges of SIM cards must be submitted by emailing firstname.lastname@example.org, within 30 days from receiving the order. Full assessments will take place for all requests, and compensation will strictly be made to the payment means (credit, debit or charge card, etc.) used for purchase only.
All non-working SIM cards must be returned to the Company and if not returned, the Customer’s payment means (credit, debit or charge card, etc.) may be charged for the full cost of delivery of the SIM Card to the Customer.
D. SUSPENSION AND CANCELLATION OF SERVICES
The Customer may discontinue using the Services at any time by notifying the Company by email (email@example.com). The Company will deactivate the Customer’s Account as soon as practicable; in all cases, the Customer will remain responsible for payment of all charges for the Services rendered up through such time and date of termination.
2. Expiration Policy
The Company may, in its sole discretion, elect to terminate the Customer’s Account and the Customer’s password after 18 months of inactivity (measured from the date of last use). If the Customer desires to keep the Customer’s Account active, he or she may request an extension of the expiration period by notifying the Company by email (firstname.lastname@example.org). Upon receipt of the Customer’s request, the Company may, at its sole discretion, provide the Customer with an extension of the expiration date of his or her Account and password. All extensions will be confirmed by the Company via e-mail. The Company is not obligated to provide the Customer with such an extension nor is the Company obligated to refund any remaining balance left in the Customer’s Account as of the date it expires. All credit expires after 18 months of inactivity. Adding additional credit will reset the expiration date on any unused credit in the Customer’s Account.
3. Unlawful, Fraudulent and Objectionable Use
The Customer will not use the Services for any unlawful, abusive or fraudulent purpose, including, but not limited to, for using the Services in a way that (1) interferes with the Company’s ability to provide Services to the Customer or other customers; (2) abuses any bonus or promotional program; or (3) avoids the Customer’s obligation to pay for the Services. The Customer will not in any way submit any materials to the Company or otherwise take any action that would, in the Company’s sole determination, interfere with the Services or other Company’s customers, infringe the rights of any third party, or otherwise constitute objectionable conduct. If the Company believes, acting reasonably, that the Customer or someone else using the Customer’s password or Account is abusing the Services or any of the Company’s bonus or promotional programs or otherwise breaching this Agreement, the Company may immediately suspend, restrict, or cancel the Customer’s Account and his or her ability to use the Services without notice. In addition, the Company reserves the right, at its sole discretion and for any reason, to (a) suspend, restrict, modify or terminate the Customer’s Account and his or her access to and use of the Services and/or (b) refuse to allow the Customer to recharge his or her Account.
The Company may from time to time discontinue or modify certain Services or bonus or promotional programs without notice. Any changes, alterations or modifications of the terms and conditions of the Services will be reflected on the Website.
5. Outstanding Charges
If the Customer’s Account is suspended, restricted, or cancelled, the Customer is still responsible for any charges that accrue through the date that the Company fully processes the suspension, restriction or cancellation. Subject to applicable law, the Customer must reimburse the Company for any reasonable costs the Company incurs, including attorneys’ fees, to collect charges owed to the Company or to defend the Company. If the Company elects to reactivate the Customer’s Account and the Customer’s ability to use the Services, the Company may require that the Customer pays a deposit and/or Service restoration fee.
E. INDEMNIFICATION, LIMITATION OF LIABILITY AND WARRANTIES
The Customer agrees, at his or her sole cost and expense, to fully defend, indemnify and hold harmless the Company, its parent, affiliates, subsidiaries, shareholders, directors, officers, employees, and agents from and against any and all claims, causes of action, actions, judgments, liabilities and/or damages (including without limitation reasonable expenses and reasonable attorney’s fees) arising out of or in connection with (i) the Customer’s use of the Services, (ii) the Customer’s Account (including the use of the Customer’s Account by a third party) and (iii) this Agreement.
2. Limitation of Liability
2.1. EXCEPT FOR DAMAGES CAUSED BY THE COMPANY’S INTENTIONAL MISCONDUCT AND/OR EXCEPT WHERE PROHIBITED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF THE COMPANY’S CHARGES TO THE CUSTOMER FOR THE CUSTOMER’S ACTUAL USE OF THE SERVICES DURING THE PRIOR ONE MONTH PERIOD. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS OF OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS IT IS BASED (SUCH AS CONTRACT, TORT, STATUTE OR OTHERWISE). IN ADDITION, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE CUSTOMER’S INABILITY TO ACCESS, OR THE CUSTOMER’S DIFFICULTY IN ACCESSING, THE SERVICES.
2.2. POGINET ADVISES ITS CUSTOMERS TO USE ITS SERVICES IN A RESPONSIBLE MANNER, ANY ACTION TAKEN BY THE CUSTOMER IN RELATION WITH THE USAGE OF THE SERVICE THAT INTERFERES WITH OPERATION OF MACHINERY, EQUIPMENT ETC. OR WITH ANY DUTIES AT THE WORKPLACE RESULTING IN CAUSING ACCIDENTS, DAMAGES TO PRIVATE PROPERTY, TO THE ENVIROMENT, INJURIES OR LOSS OF LIFE FALSS SOLELY UNDER INDIVIDUAL CUSTOMER RESPONSIBILITY.
3. No Warranties
THE SERVICES ARE PROVIDED “AS-IS” AND THE COMPANY DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT AND ON THIS WEBSITE. THE COMPANY ALSO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR MEET THE CUSTOMER’S REQUIREMENTS. THE COMPANY DOES NOT AUTHORISE ANYONE, INCLUDING ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON BEHALF OF THE COMPANY AND THE CUSTOMER SHOULD NOT RELY ON ANY SUCH WARRANTY. THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT BECAUSE THE SERVICES ARE PROVIDED OVER MOBILE AND INTERNET NETWORKS OUTSIDE OF THE COMPANY’S CONTROL, THEY ARE SUBJECT TO OUTAGES, DISRUPTIONS AND INTERCEPTION, AND THAT THE COMPANY HAS NO LIABILITY FOR ANY SUCH OUTAGES, DISRUPTIONS OR INTERCEPTIONS. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF COMMUNICATIONS TRANSMITTED THROUGH THE SERVICES.
1. Agents and Resellers No agent or reseller is permitted to sell the Services in any manner unless it has been specifically authorized in writing by the Company. If the Customer is contacted by an agent, the Customer should contact the Company to confirm whether the agent has the proper authorization, otherwise the Company shall not be liable for damages arising out of or in connection with the services provided by such agent.
2. Access to Third-Party Vendors
The Company may, from time to time, offer its Customers the ability to purchase various products and services from third-party vendors by accessing those third-party vendors directly through the Website via click-through or hyperlinks. The Company is not responsible for the contents of any linked site, the products/services offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. The Company provides these links to the Customer only as a convenience, and the inclusion of any links does not constitute an endorsement, guarantee, representation or warranty (either expressed or implied) by the Company of the site or the products/services offered through that site. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
3. Acts Beyond Control
Except for the Customer’s obligation to pay for the Services, neither the Company nor the Customer is liable to the other for any delay, failure in performance, loss or damage due to causes beyond reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, acts or omissions of carriers or suppliers, systems failure and acts of regulatory or governmental agencies.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of the Company, including but not limited to, Poginet Ltd., Poginet SIM Card, www.poginet.com (collectively, “Marks”) are and shall remain the exclusive property of the Company and nothing in this Agreement shall grant the Customer the license to use such Marks without the Company’s prior written permission.
The Company may assign all or part of its rights and duties under this Agreement to any party at any time without notice to the Customer. If the Company does that, the Company will have no further obligation to the Customer in connection with such assigned duty. The Customer may not assign his or her rights and duties under this Agreement without the Company’s prior written permission.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
8. Integration – Entire Agreement
9. Governing Law
This Agreement shall be interpreted, governed by and construed in accordance with the laws of United Kingdom. The Customer agrees, in the event any claim or suit is brought in connection with this Agreement, to the exclusive jurisdiction and venue of the courts of United Kingdom. In any action to enforce this Agreement, including, without limitation, any action by the Company for the recovery of fees due hereunder, the Customer shall pay the Company reasonable attorney’s fees and costs in connection with such action. The Customer acknowledges and agrees that this governing law provision applies no matter where the Customer resides, or where he or she uses or pays for the Services. This Agreement is originally written in the English language and the English language version shall control over any translations.
With respect to the Customer’s submission of feedback or a testimonial or opinion about the Services to the Company (“Testimonials”), the Customer hereby (i) represents and warrants that the Testimonial is original to the Customer, that no other party has any rights thereto, and (ii) grants the Company a royalty-free, worldwide, perpetual, irrevocable and fully transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Testimonial (in whole or part) and/or to incorporate it in other works in any form, media, or technology presently known or later developed, in its sole discretion, with or without the Customer’s name.
All notices from the Company to shall be (i) sent to the Customer’s email address indicated on his or her Account and will be deemed immediately delivered even if such email address is no longer valid, or (ii) posted to the Customer’s Account. All notices from the Customer shall be sent to email@example.com.