YOOTOK Terms and Conditions

Welcome to Yootok's Terms & Conditions - Effective from 7 September 2021

These terms and conditions govern all purchases from travSIM. By using www.yootok.com  (the "Website") whether as a visitor or a registered User (the "User" or the "Customer") to browse or purchase any product on the Website you, the visitor / User / Customer, are bound by these terms and conditions ("Terms & Conditions"). www.yootok.com is owned and operated by travSIM GmbH, a company registered in terms of German law with registration number: Potsdam HRB 27022P (hereinafter referred to as "travSIM"). 

1. Preliminary Terms
1.1 Electronic signature agreement

The Customer hereby agrees to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the www.didww.com website. Furthermore, the Customer hereby waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

1.2 No Emergency Calls:

by entering into this Agreement the Customer acknowledges and agrees that unless specifically agreed to in writing by travSIM, the travSIM infrastructure does not and does not intend to support or carry emergency calls.

1.3 No Callback Calls:

by entering into this Agreement the Customer acknowledges and agrees that the DID numbers provided by travSIM cannot be used for callback applications.

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1.4 Jurisdiction Restrictions:

if the Customer is residing in a jurisdiction where it is forbidden by law to offer or use internet telephony, the Customer may not enter into this Agreement. By entering into this Agreement, the Customer explicitly states that he has verified in his own jurisdiction if the use of internet telephony is allowed. The Customer shall be solely responsible, bear all costs (including reasonable lawyer’s costs) and will hold travSIM harmless, if he breaches the Jurisdiction restrictions.

1.5 Subject to applicable laws, rules, regulations, orders and decrees in certain jurisdictions, the Customer may be required to submit necessary documents according to the specifications for provisioning of local numbers as requested on the service order.

1.6 Pursuant to the applicable anti-money laundering and terrorism-related laws in various countries, Customer may be required to pass a verification process by travSIM, which may include a request of several forms of identification confirmations.

1.6.1
travSIM may at its sole discretion refuse a Customer application or order:
1.6.2.1
If travSIM has reason to doubt the accuracy of the information, or it is not supported by the required identification or, in the case of company applications, the required authorization.
1.6.2.2
1.6.2.3 If the Customer is known to have committed fraud, or is bankrupt, or has given any reason to doubt his ability to meet their commitments under this Agreement.
2. Terms of Service

We shall provide you the customer with national and international numbers hosted and managed on robust web and mobile applications.

This Agreement is between travSIM and the person or party identified in the associated the terms and conditions. In the case of a company application, this is the person signing on the company’s behalf and who by registering acknowledges having power of representation for that company. This person is hereafter referred to as the “Customer”. Customer agrees to purchase the Services and/or Software pursuant to the terms and conditions set out in this Agreement and the supplemental terms attached hereto: travSIM shall also assume no liability for any call forwarding charges incurred. It is the responsibility of the customer to ensure that they have the appropriate call forwarding plan set up with their mobile service provider.

The customer agrees that they are liable for all charges or fees incurred in using the services. In the event of loss or theft of an number it is the sole responsibility of the user to inform travSIM immediately so that we can prevent any further use of the services by another unauthorised customer.

  • travSIM agrees to provide the Customer, and Customer agrees to purchase services from travSIM under the terms and conditions set forth in this agreement.
  • This Agreement shall apply to all services provided by travSIM. Services may have additional terms and restrictions as specified in the relevant service appendices.
  • Customer acknowledges that the allocation of Numbers as part of the Service does not constitute a transfer of property or sale of numbering rights by travSIM, and only constitutes a sale of right to use the Numbers exclusively as long as the Service is provided. As a result, Customer is not entitled to claim any such rights to the Numbers which will be reassigned to travSIM immediately at the termination of the Service.
  • A Service Term is one or more full months, according to the service order, beginning on date that Service is activated, and is renewed automatically until cancelled.
  • travSIM agrees to provide the Customer, and Customer agrees to purchase services from travSIM under the terms and conditions set forth in this agreement.
  • This Agreement shall apply to all services provided by travSIM. Services may have additional terms and restrictions as specified in the relevant service appendices.
  • Customer acknowledges that the allocation of Numbers as part of the Service does not constitute a transfer of property or sale of numbering rights by travSIM, and only constitutes a sale of right to use the Numbers exclusively as long as the Service is provided. As a result, Customer is not entitled to claim any such rights to the Numbers which will be reassigned to travSIM immediately at the termination of the Service
  • A Service Term is a month or full 12 months, according to the service order, beginning on date that Service is activated, and is renewed automatically until cancelled.
  • Customer agrees to use the Services, Software and Websites only for purposes permitted by this Agreement as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  • Customer shall not use the Service or authorize the Service to be used directly or indirectly, to transmit Inappropriate Content. Inappropriate Content includes but is not limited to unsolicited material, spam, obscene and sexually explicit material and content that violates Applicable Law, or constitutes hate directed at an individual or a group based on race, sex, national origin, religious affiliation, sexual orientation or language of such individual or group
  • The Customer is prohibited from using the Service for callback calls, auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling, unsolicited or unauthorized advertising or spam), fax or voicemail broadcasting or fax or voicemail blasting purposes.
  • Customer agrees to indemnify travSIM against any cost and/or damage and/or expense and/or claim and/or demand, including any made by a third party, arising out of the Customer’s or End User’s use of the service in violation of the Acceptable Use of Services, and all costs relating thereto, all of which will immediately be due and payable.
  • The conveyance of Calls to Numbers implemented on the infrastructure of travSIM or other third parties with who travSIM has entered into and to an agreement, for the completion of the Call by travSIM;
  • The allocation of Numbers to the Service Provider via Web-portal and/or API
  • travSIM shall, to the best of its ability, do its utmost to provide the Service with minimum disruptions. All of the Services shall be performed on the basis of a best effort’s obligation
  • All delivery and other periods stated or agreed by travSIM have, to the best of its knowledge, been determined based on data known to travSIM when it entered into the Agreement. travSIM shall properly exert its best efforts to observe agreed delivery and other periods as much as possible. The mere fact that a stated or agreed delivery or other period has been exceeded shall not cause travSIM to be in default.
  • travSIM may change the technical features of the Service in order to keep pace with the latest demands and technological developments, at its own discretion and without any prior notice to Service Provider.
  • The Service Provider may place orders via Web-portal, API or SOFs for the Services from time to time pursuant to this Agreement.
  • Upon request and subject to applicable law, including but not limited to applicable privacy regulations, Service Provider shall, at travSIM’s first request, make relevant information available concerning the services that Service Provider is supplying to Users or third parties using the Service.
  • In case numbers are disconnected or rejected due to misuse by any User, travSIM will do its utmost to keep the amount of affected Numbers as low as possible.
  • A number of service features available via Public Telephony Services (PSTN), including but not limited to access to emergency services and directory inquiries, may not be provided over the Service.
  • travSIM is allowed to forward changes in the underlying regulated cost structure from the day these changes become effective. All other price increases can be given upon 7 days’ notice. Service Provider has the right to reject the bespoke price increase in which travSIM has the right to terminate the Service in accordance with clause 11 and 12 of these GTC - OR – continue to provide the Service at the previous price
  • DIDs that were bought as part of a consecutive Block of Numbers cannot be cancelled on an individual basis (e.g. id Service Provides buys cannot cancel 4822111158 if this Number was bought as range 48221111xx).
  • To enable the Service Provider to provide telecommunication services, travSIM shares the Numbering for the existing remuneration in accordance with 128th article, of the Polish Act of 16 July 2004, Telecommunication Law.
  • When directly or indirectly Numbers are allocated to end users offering call center activities in Italy the Italian act Legge nr. 232 del 2016, article 1 comma 243 applies, most important points from this act:
    • Starting from 1 January 2017, it is compulsory to inform the caller about the location of the call center operator who is answering (agent)
    • In case the agent is located outside the European Community it must be possible to immediately forward the call to another call center located in the European Community.
    • Penalties for non-compliance with this law range from 50 000 Euro up to 150 000 Euro towards Service Provider offering Call Center Activities
2.1 Responsibilities and Obligations

2.1.1 travSIM will make all reasonable efforts to maintain equipment suitable for handling and terminating calls.

2.1.2 travSIM shall notify the Customer as soon as reasonably practical, of any changes in rates payable, or modification to the service offered.

2.1.3 travSIM shall provide the Customer with reasonable technical and sales support, which travSIM in its sole discretion shall consider necessary and appropriate.

2.1.4 travSIM may from time to time make changes to equipment used to handle calls and provide the service. Such changes are at the sole discretion of travSIM and may be made without prior consent from the Customer.

2.2 Customer

2.2.1 Customer shall pay for the Services in accordance with the provisions set forth herein in Section 5.

2.2.2 The Customer shall ensure that it has all necessary approvals, permissions or authorizations for the services operated through travSIM including those offered to its End Users. The Customer shall be responsible for the content, quality and delivery of services offered to its End Users, and for ensuring that these services comply with the local laws and this Agreement.

2.2.3 The Customer shall provide travSIM on request with information or material regarding the service operated through travSIM, including those offered to its End Users or agents upon and to the extent of any request made by travSIM

2.1.4 The Customer shall ensure that Services, Software and Websites are not used for any unlawful purpose whatsoever including the transmission or offering of any information or services which are unlawful, abusive, harmful, threatening, defamatory, or which in any way infringe privacy, copyright, intellectual property rights, trademarks, or which is pornographic, or any other material that may cause offence in any way.

2.1.5 travSIM may recover from the Customer, who will hold travSIM harmless, all fines, claims or administrative expenses resulting charged by any other regulatory body, resulting from a breach of the law or this agreement

2.1.6 The Customer specifically agrees to indemnify travSIM against all costs and liabilities arising out of all claims which result from a breach, or an allegation of any breach of any of Customers’ obligations set forth in this clause.

2.1.7 The Customer shall co-operate with travSIM in relation to any complaints, enquiries or investigations regarding services offered by the Customer. The Customer shall, at the discretion of travSIM, without limitation bear in full any costs associated with such complaints, investigations, or enquiries or any action whether brought by travSIM or brought against travSIM.

2.1.8 The Customer shall ensure that any third party using its facilities shall be bound by the terms of this Agreement.

2.1.9 The Customer is responsible for ensuring that no third-party intellectual property right is infringed by its choice of a number for a particular service and will hold travSIM harmless against all costs and liabilities arising out of a breach or allegation of a breach of any such third party’s intellectual property rights.

2.2.10 All notices, requests or other communications shall be in writing and addressed to the Customer by email. The Customer bears all responsibility concerning the reception of the travSIM mails, he agrees to keep his email address updated at all time, and he will inform travSIM of any modification of his email address within 24 hours of the moment of modification.

2.3 Assignment

2.3.1 The Customer shall not assign the rights and obligations of this Agreement to any other party without the express permission in writing of travSIM.

2.3.2 travSIM may assign the rights and obligation of this Agreement to a third party without the prior consent of the Customer

3 Sales Agreement 

3.1 Services may only be purchased by persons who are 18 years or older.  If you are under 18, you will need the consent of your legal guardian to make any purchases from this website. By accepting these terms and conditions you confirm that you are at least 18 years of age or that you have your legal guardians’ consent. If you are acting on behalf of a company or organisation you hereby agree that you are duly authorized to do so.  

3.2 To register as a customer, you must provide a unique username and password and provide certain personal information to travSIM. The password and username will be used to access the website to purchase any product or service.  You agree and warrant that your username and password will: 

  • be used for personal use only; and 
  • not be disclosed by you to any third party. 

Purchases will only be effective when the customer electronically submits a successful order and a payment has been authorized and received by travSIM. travSIM will not be held liable if any product is not available when the purchase cycle is completed at a later stage. travSIM may remove any product from your shopping basket if we do not have any stock available.

The payment must be processed prior to the dispatch of the product that you have ordered. In the event that the order is canceled after the payment has been processed, we will issue a refund within 7 business days. In the case of an approved application, the contract obligation of such application will only be effective upon delivery and acceptance of the order.  The risk of loss will pass on to the buyer upon delivery of the product or service. 

travSIM reserves the right to refuse or cancel any order for any reason without providing these reasons to the customer

4 Availability of Products and Services  

travSIM will take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save — in the case of any incorrect purchase price — to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Section.     If you are under 18, you will need the consent of your legal guardian to make any purchases from this website. By accepting these terms and conditions you confirm that you are at least 18 years of age or that you have your legal guardians’ consent. If you are acting on behalf of a company or organisation you hereby agree that you are duly authorized to do so.  

All products and pricing are subject to stock availability. The price of each product will be displayed with the product listing. In the event of a sales or special offer, the discounted price shall be displayed. 

Should a product / service be listed at an incorrect price or with incorrect information due to any technical error, travSIM shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. 

In the event that an item is wrongly priced, travSIM may, at its discretion, either contact you for instructions or cancel your order. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and travSIM will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order or cancel the order and notify you of such cancellation. 

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF TRAVSIM.  

travSIM may revise and cease to make available any product/ services at any time. In the event that travSIM is unable to deliver the product to you, your order will be cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. 

4.1 travSIM will take steps to ensure its network and services are reasonably fault free, and that service is reasonably uninterrupted. However, travSIM cannot provide a fault free service. travSIM gives no warranty that its network or services shall be continuous or will be free from faults.

4.2 travSIM gives no warranty or guarantee that the service is satisfactory or suitable for the Customer’s purposes. All warranties relating to the service from travSIM are excluded, even if implied by statute.

4.3 The parties acknowledge that no representations, warranties or statements made prior to concluding this Agreement form any part of a contract, nor has induced either party into this Agreement.

4.4 The Customer acknowledges that:

4.4.1 The service provided by travSIM was not designed for the Customer’s individual requirements, and it is up to the Customer to decide if the service provided by travSIM is of satisfactory quality and fit for the purpose for which it is used

4.4.2 travSIM is reliant on third parties for delivery of services, and therefore travSIM can have no liability of whatever nature for any delay or fault to the delivery of same.

4.4.2 The Customer is aware that due to the nature of per usage costs of outbound termination services, there are risks associated with their use in combination with the Service, including but not limited to the financial risk of excessive unintended traffic. Customer accepts these risks and agrees that travSIM is not responsible for any losses or damages incurred by Customers’ use of the service, including charges by Customer’s Third-Party services providers that were configured to be used with the service.

5 Third-Party Content 

Third party information such as but not limited to, product description and specifications, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third-Party Content").  

The provision of Third-Party Content is for general informational purposes only.  You hereby acknowledge that the Third-Party Content provided to you is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website.  

All Third-Party Content is provided on an 'As Is' and ‘As Available’ basis. travSIM does not have the rights and title to any Third-Party Content, nor can we provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third-Party Content. 

travSIM shall not be held liable for any loss suffered by you based on your reliance on or use of such Third-Party Content. 
In the event any Third-Party Content contains links to third party websites, and you visit any such external link, you agree to do so at your own risk, responsibility and liability. travSIM makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon
6 Payments 

YOOTOK is a subscription-based service that requires pre-payment for data plan purchases, by entering into the sale agreement the customer agrees to pre-pay for the service by debiting your account with the preferred payment method for applicable amount. Only once the payment has been authorised will the sales order be dispatched from travSIM for delivery to the customer.

The data will remain valid only within the data plan period. any unused data will be carried forward if the data plan is renewed before the expiration date. 

In the event that your data usage has depleted your current balance, customers can purchase or obtain through our website, www.yootok.com or contacting service@travsim.com . You hereby agree to pay for all charges associated with using your YOOTOK account with other third-party services.  

travSIM shall not be held liable for any loss suffered by you based on your reliance on or use of such Third-Party Content. 
In the event any Third-Party Content contains links to third party websites, and you visit any such external link, you agree to do so at your own risk, responsibility and liability. travSIM makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon

6.1 All prices are stated on the applicable price list updated from time to time and posted on Customer’s private account on the website. Customer is eligible to benefit from travSIM’s wholesale pricing of the applicable tier to the extent that Customer agrees to subscribe to a Minimum Monthly Commitment (“MMC”) of that pricing tier and to terms and conditions as described in the applicable MMC Appendix.

6.1.1 Certain services may be provided under customized monthly pricing plans (“Pricing Plan”), based on capacity. Pricing plans can be chosen by selecting and confirming respective options available on the Website

6.2 Service charges:

6.2.1 Recurring Fees are charged in advance based on the amount of full months in the order term, beginning from the date of Service activation.

6.2.2 Fees based on usage, such as voice termination minutes, Pay as You Go PSTN forwarding, Toll-Free origination minutes, Metered Capacity minutes, and SMS are charged upon completion.

6.2.3 Customer is responsible for the full monthly payment when Services are cancelled within the monthly term.

6.2.4 travSIM reserves the right to modify prices for Services during the period of this Agreement.

6.2.5 travSIM may decrease prices for Services without any restrictions.

6.3 travSIM may increase prices:

6.3.1 For Services based on a variable charge, changes are effective immediately and are updated in the pricelist associated with Customers’ account on the travSIM website

6.3.2 For all other Services upon written notice to Customer who will have 30 (thirty) days to reject the said price increase.

6.3.3 If Customer does not reject a price increase within this period Customer will be deemed to be agreed to and accepted by Customer

6.3.4 In case Customer rejects a price increase travSIM has the right to terminate the Service in accordance with clause ‎15.4 or to continue to provide the Service at the original price

6.3.5 The relevant Service Order Form shall be deemed amended in accordance with a notice of price amendment

6.4 travSIM shall charge and Customer shall pay for the Services in accordance with the provisions set forth herein.

6.4.1 Customer shall transfer funds in U.S. Dollars into its travSIM prepaid account to maintain a credit balance.

6.4.2 Payment may be made via credit card, PayPal or by wire transfer to travSIM’s designated bank account. The following terms apply:

6.4.2.1 travSIM accepts payments in U.S. Dollars. A payment in any other currency will be converted by travSIM to U.S. Dollars without notice to the customer. Foreign exchange rates vary and are determined by financial institutions.

6.4.2.2 While paying by wire transfer or PayPal all transaction charges are to be borne by customer. travSIM will recognize only net amounts received. It is customer’s responsibility to determine what, if any charges are being applied to the payment.

6.4.2.3 By ordering any Service with travSIM, Customer explicitly allows travSIM to directly debit its prepaid balance and in case there is insufficient credit in the account, to charge Customer’s Payment method that travSIM has on file, to settle any invoices.

6.4.2.4 If Customer’s prepaid balance is insufficient Services may be automatically suspended until further credit is applied. To avoid suspension of Services, Customer is advised to regularly check the status of its account and have a valid payment method updated on its travSIM account at all times.

6.4.3 Customer shall not be entitled to a reimbursement of prepaid balance.

6.5 travSIM’s records shall constitute prima facie evidence of the data contained in such records and shall prevail, absent manifest error, over Customer’s records. The Customer’s call minutes shall be calculated according to CDR and Pricelist data logged by travSIM in Customer’s account.

6.6 travSIM shall provide Customer with invoices and detailed reports regarding the Services and payments debited from its prepaid balance. travSIM should be notified of all billing disputes via email to its designated email address (billing@yootok.com) within 15 days. If Customer fails to deliver such notification it shall be deemed to have waived its rights to dispute the charges. travSIM and Customer shall attempt in good faith to promptly resolve any objection to the invoiced amount. If the dispute is subsequently resolved in favor of Customer, travSIM shall issue a credit to the Customer’s account for the disputed amount.

6.7 Unless otherwise stated, all amounts payable to travSIM under this Agreement are exclusive of any tax, except for taxes based on the net income of travSIM. If under the applicable law the Customer must deduct any taxes from travSIM receivables, the payment amount will automatically be increased to the extent that travSIM final amount received is equal to the amount invoiced or otherwise due. Customer will provide travSIM with the official statement by the tax authorities due to the obligation to pay any such taxes. The Customer shall also pay such taxes or provide travSIM with the official statement by the tax authorities due to exemption from such taxes.

6.8 In the event that any sums due to travSIM under this Agreement are not paid by the due date then travSIM shall be entitled to charge interest at 7% over the annual base rate used by the European Central bank for her main refinancing operations, at that time.

6.9 In case the Customer does not fulfill his payment obligation under this Agreement after the date of a final notice, parties agree that travSIM will be entitled to the application of the article of this Agreement.

7 Refunds 

travSIM endeavors to satisfy its customers. If you are not completely satisfied, you can return the product to us and we will either repair / replace it or credit your account, subject to the terms below. 

8 Wrong Product   

If we accidentally deliver the wrong product to you or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 7 days of the return (or refund you if that is your preference).

9 Damaged Product    

Should a product be damaged at the time of delivery / collection, please notify us of such delivery / collection by logging a return on the Website. We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product as soon as possible (if such repair / replacement is possible) or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 7 days of logging the return Repairs and replacements could take longer, depending on parts / replacement availability. 

10 Defective Product   

If you have received a product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within 6 months after delivery / collection of the product you can do so by logging a return on the Website, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product (if such repair / replacement is possible) or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 7 days of logging the return. Repairs and replacements could take longer, depending on parts / replacement availability. 

The following will NOT be regarded as defects and will not entitle you to a return

  • faults resulting from normal wear and tear
  • damage arising from negligence, user abuse or incorrect usage of the product; 
  • damage arising from a failure to adequately care for the product;   
  • damage arising from unauthorised alterations to the product; and 
  • where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you. 
11 Disclaimer    

travSIM makes every effort to ensure that the information it makes available is accurate, but it cannot guarantee the accuracy of such information, nor can it guarantee that such information is always up to date. travSIM accepts no responsibility for any application, use or interpretation of the information contained on this website and disclaims all liability for direct, indirect or consequential damages or loss resulting from the use of this service. Any link to any source of information does not represent approval by travSIM of that source, nor does it represent a promotion of that information or organisation or person(s) associated with it. TravSIM makes no warranty that the website will meet the customer's requirements, be uninterrupted, complete, timely, secure or error free

From time to time we may be required to upgrade, modify or maintain the Service including the migration of your account from one billing platform to a new or upgraded billing platform. On such occasions the Service may be temporarily unavailable, however, we will endeavour to keep such disruption to a minimum and notify you in advance when possible. 

We reserve all rights attached to the telephone numbers attributed to you and attached to the Service provided by us. Subject to available number portability obligations, we may change, withdraw or otherwise alter such telephone numbers attributed to you or any other address-element at our discretion, without damages payable to you, should any technical reason or any applicable regulations so require. 

We reserve all rights attached to the telephone numbers attributed to you and attached to the Service provided by us. Subject to available number portability obligations, we may change, withdraw or otherwise alter such telephone numbers attributed to you or any other address-element at our discretion, without damages payable to you, should any technical reason or any applicable regulations so require. 

11 Disclaimer    

travSIM makes every effort to ensure that the information it makes available is accurate, but it cannot guarantee the accuracy of such information, nor can it guarantee that such information is always up to date. travSIM accepts no responsibility for any application, use or interpretation of the information contained on this website and disclaims all liability for direct, indirect or consequential damages or loss resulting from the use of this service. Any link to any source of information does not represent approval by travSIM of that source, nor does it represent a promotion of that information or organisation or person(s) associated with it. TravSIM makes no warranty that the website will meet the customer's requirements, be uninterrupted, complete, timely, secure or error free

From time to time we may be required to upgrade, modify or maintain the Service including the migration of your account from one billing platform to a new or upgraded billing platform. On such occasions the Service may be temporarily unavailable, however, we will endeavour to keep such disruption to a minimum and notify you in advance when possible. 

We reserve all rights attached to the telephone numbers attributed to you and attached to the Service provided by us. Subject to available number portability obligations, we may change, withdraw or otherwise alter such telephone numbers attributed to you or any other address-element at our discretion, without damages payable to you, should any technical reason or any applicable regulations so require. 

We reserve all rights attached to the telephone numbers attributed to you and attached to the Service provided by us. Subject to available number portability obligations, we may change, withdraw or otherwise alter such telephone numbers attributed to you or any other address-element at our discretion, without damages payable to you, should any technical reason or any applicable regulations so require. 

12 No warranties     

The website is supplied on an "as is" and “as available” basis and has not been compiled or supplied to meet the customer's individual requirements. It is the customer's responsibility to familiarize themselves with the contents of this website prior to accepting the terms and conditions herein.  

We shall take all reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider's ability to maintain necessary licenses or permissions, or our and or our service provider's network capacity and connection availability. Please note that the network operator in the country of use will remain responsible for network coverage, quality and availability. 

We do not warrant or guarantee a fault free Service and give no warranties or guarantees as to network coverage, quality or availability. In the event of a fault, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by you, we shall use reasonable efforts to promptly correct the fault. 

13 Governing Law and Jurisdiction  

This website is governed by German law and the customer submit to the jurisdiction of the German courts. 

14 Privacy   

Our Privacy Policy forms part of this Agreement. The full details of the Privacy Policy can be found at  

15 Data Protection    

Data Protection forms part of our Privacy Policy. The full details of the Privacy Policy can be found at  

16 Disclosure of Information     

Disclosure of Information forms part of our Privacy Policy. The full details of the Privacy Policy can be found at  

17 Security    

travSIM is aware of vulnerabilities and security risks from third-party attacks and has taken strict measures to ensure that the travSIM microchip has been designed to protect your Personal Information and your hardware from cyber threats. travSIM assures you that we have been analysed and certified as being free from any functionality designed to undermine the security of travSIM users.

travSIM will not be held liable for any damages or inconveniences caused by malicious parties, exploitation or misuse of travSIM to the fullest extent permitted by law. You will indemnify travSIM against all claims losses, liabilities, costs and damages that may incur because of the way the Service is used or because the Service is faulty or cannot be used arising otherwise than by reason of default on the part of travSIM. 

However, in the event that you feel that you may be facing a cyber threat, please contact travSIM Customer Service Centre at the contacts listed on the website immediately or contact us by email at service@travsim.com so that measures can be taken to safeguard your information and property. It remains your sole responsibility to alert us of these threats.

18 Changes to Agreement     

We reserve the right to change these terms and conditions from time to time and make changes to the services or any promotion or charges relating to the services at any time. We shall give you notice of any such changes. 

In relation to our Privacy Policy we may make changes to these policies and will notify you in writing of the same

19 Terms and Termination      

We reserve the right to terminate this Agreement and cease supplying the Services in the event that you materially breach any of this Agreement's terms and conditions. 

In the event that you do not use the number for a continuous period of 180 days, we reserve the right to invalidate or call balance components and cancel your account and services without prior notice and without any refund, repayment or compensation. 

We reserve the right to terminate this agreement at any time in our sole discretion without any liability by giving thirty (30) days' written notice. You may terminate this Agreement with us in the following circumstances: 

  • if we vary the terms and conditions listed herein which result in an excessive increase in charges or alter any rights to your detriment, unless such variations are imposed on us as a direct result of new legislation, statutory instrument, government regulation or licenses; 
  • at any time after the minimum contract period by giving thirty (30) days written notice; 
  • By giving sixty (60) days written notice during the minimum contract period of this agreement provided the cancellation charges applicable to such termination are paid in full; or
  • we are no longer able to provide the Services.

On termination of this Agreement the number and any associated products must be returned to us before the end of the notice period and shall be at your own cost and risk. 

19.1 Term. The Agreement will be effective as of the date of the Customer acceptance thereof and will remain effective until terminated by either party as set forth in these Terms of Service.

19.2 Either party shall be entitled to terminate this Agreement by giving to the other not less than two (2) months’ notice of termination.

19.3 Consequences of Termination. Upon termination of the Agreement for any reason all licenses and rights to use the Service shall terminate and the Customer will cease any and all use of the Service

19.4 travSIM may terminate this Agreement with immediate effect by giving notice at any time, if

19.4.1 The Customer does not comply with the terms of this Agreement.

19.4.2 The Customer intends, or appears to intend, that it will not abide by the terms of this Agreement.

19.4.3 The Customer ceases trading, convenes a meeting of, or comes to an arrangement with its creditors, has distress or other seizure levied over any of its assets or does not satisfy any demand for payment from any legal person

19.4.4 Any step is taken to wind up or dissolve the Customer, a receiver, and/or manager or administrator appointed over any assets.

19.4.5 travSIM believes the Customer has allowed services to be used for any unlawful purpose or any use prohibited by this Agreement.

19.5 travSIM reserves the right to immediately terminate or modify any Customer’s Service if travSIM determines, in it’s sole and absolute discretion, that the use of the Service generates excessive billing or is in violation of that Customer’s responsibilities and obligations as per Section ‎5.2 of this Agreement. Customer will remain responsible for all charges through the end of the current Service Term, including unbilled charges, plus a disconnection fee, if applicable, all of which will immediately be due and payable

19.6 Either party may terminate this Agreement if:

19.6.1 Either party has committed a breach of the Agreement, and fails to remedy the breach within 30 days of notice requiring it to do so, and;

19.6.2 Either party takes any steps to wind up or dissolve, or a receiver and/or manager or administrator is appointed over any assets.

19.7 Survival. All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the Agreement, including without limitation, all of the Customer’s representations, warranties and indemnification obligations.

20 Intellectual Property Rights       

The number and all technology, intellectual property and documentation relating to it and the service shall remain our property or the property of any licensor. We grant you a revocable, conditional, non-exclusive, non-assignable, non-sub-licensable license for you and your End Users to use the number and Service and reserve our rights to recall any number from you. 

We warrant that our intellectual property rights are subject to protection by means of patents and design rights (registered and unregistered). We further warrant that we are authorised to provide the Services in the countries where the Services are made available to the public.  

20.1 All Intellectual Property Rights owned by one party shall remain vested in such party, and for clarity, and avoidance of doubt.

20.1.1 All rights of any nature, trade name, documents, drawings and information including any access codes provided to the Customer, and information in travSIM’s database accessed by the End Users and the Customer remain vested in travSIM.

20.1.2 Information provided to the Customer by travSIM pursuant to this Agreement, pertaining to the Customer’s End Users is the property of the Customer.

20.2 The travSIM trademarks, logos and service marks (“Marks”) displayed on this Website are the property of travSIM. The Customer shall not use travSIM’s name, trademarks, or copyrights in any way that implies any approval or connection with the services or products offered by the Customer without prior written consent of travSIM. All other trademarks, trade names, or company names referenced herein are the property of their respective owners

20.3 Any right to use the services, and/or any software related to the services, granted by travSIM to Customer will only be perceived as a personal, limited, non-exclusive and non-transferable license of use by travSIM of the services, and/or any software related to the services, for the designated purpose only.

20.4 Customer agrees that travSIM may use Customer’s name and logo in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. Customer also gives permission to travSIM to distribute materials referenced above, in electronic or hardcopy form, in whole or part, without fees or additional permissions, in internal and external press and marketing activities such as, but not limited to, presentations, proposals, papers and on the web.

21 Confidentiality

21.1 During and after the period while this Agreement remains in force, both parties shall not disclose to any third party the information gained in connection with this Agreement, nor the terms and payments due, but each parties may disclose to its officers and employees such information as may be required for them to fulfill their proper performance of their duties, and may be used in the proper exercise of its rights and obligations under this Agreement.

21.2 The obligations of confidence and restrictions on disclosure shall not apply in the following circumstances:

21.2.1 Where such information was already known prior to this Agreement.

21.2.2 Where such information was already in the public domain, save as a result of a breach of this clause.

21.2.3 Where a third party, who did obtain the same from the disclosing party, disclosed such information to it lawfully; or

21.3 Where disclosure is required by law.

21.3.1 The Customer shall ensure that the confidentiality provisions of this Agreement bind all its employees and agents and shall indemnify travSIM against loss or damage suffered as a result of a breach of confidence by employees or agents.

21.3.2 travSIM shall have the unconditional and irrevocable right to disclose the identity and address of the Customer and any End User in the event of any complaint received from any regulatory or governmental body, or any licensed telecommunications carrier, in connection with services offered by the Customer.

22 Liability     

This clause sets out travSIM’s financial liability to our users (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) in respect of: 

In relation to our Privacy Policy we may make changes to these policies and will notify you in writing of the same

a. he provision of the services

b. any breach of the agreement 

c. any use made by your End Users of these services; or   

d. any representation, statement, or tortious act or omission (including negligence) arising under or in connection with the agreement.     

All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from this agreement.  Nothing in this Agreement shall limit or exclude a party's liability to the other party:

a. for death or personal injury caused by negligence; 

b. for fraudulent misrepresentation; 

c. for any other liability that may not be limited or excluded;   

In no event shall a Party be liable to the other Party whether in contract, tort (including for negligence or breach of statutory duty) or otherwise, arising out of or in connection with the performance or contemplated performance of this Agreement, for any indirect or consequential losses incurred by you, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses or for any loss or corruption of data or information or any special or pure economic loss, costs, damages, charges or expenses. 

Each Party's total aggregate liability in contract, tort (including negligence or breach of statutory duty) or otherwise, arising in connection with the performance or contemplated performance of the Agreement, including the provision of the SIM and Device(s) (if applicable), shall be strictly limited to the annual charges paid by you during the duration of the services (commencing on the date of your agreement with us) for the relevant services.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations or provision of the Services where such delay or performance failure is due to;

i. for fraudulent misrepresentation; 

ii. for fraudulent misrepresentation; 

iii. for fraudulent misrepresentation; 

iv. that is caused by events outside our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party) Act of God, war, terrorist activity, malicious damage, compliance with any law or governmental order or default of suppliers or subcontractors 

You represent and warrant now and at all times throughout the duration of the services that;

i. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and  

ii. you are not listed on any U.S. Government list of prohibited or restricted parties. If it is established that you are in breach of this warranty then we shall have the right to immediately terminate the Services and you shall forfeit any credit remaining on your account. 

You agree that any liability arising under this agreement relating to the services shall be solely against us and that you will not have, nor attempt to initiate, any right of recourse against any third-party supplier of ours. 

22.1 travSIM shall not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data, or loss of profit, or economic loss arising out of or in connection with this Agreement and in particular shall not be liable for any delay in rectification of any such problem.

22.2 Direct damages. travSIM can only be held liable for direct damages resulting from an attributable and faulty failure to perform its obligations under these Terms of Service. Direct damages in this respect exclusively mean

22.2.1 All reasonable costs incurred by the Customer in order to have travSIM perform its obligations under the Terms of Service.

22.2.2 All reasonable costs incurred by the Customer in order to prevent or limit any direct damages as meant in this article.

22.2.3 All reasonable costs incurred by the Customer in order to establish the nature and scope of the direct damages as meant in this article.

22.2.4 Maximum amount. Direct damages caused as a result of travSIM’s breaches of this Agreement shall in any event be limited to the lower of: 5,000 U.S. Dollars; and, the amount invoiced to the customer and received by travSIM for the month prior to, for any one event or series of events.

22.3 travSIM shall have no liability to the Customer in respect of any demand or claim where:

22.3.1 The demand or claim arises as a result of the Customer’s and/or End-User’s negligence, misconduct or breach of this Agreement.

22.3.2 If the Customer does not immediately notify travSIM of any claim.

22.3.3 If the Customer does not give travSIM full authority to deal with the claim or does not provide all information requested by travSIM and complete and proper co-operation for travSIM to defend the claim.

23 FORCE MAJEURE     

23.1 travSIM shall not be liable for any interruption, delay or failure in service resulting from any matter or event outside of its control, to include, but not limited to any act of god, inclement weather, storm, flood, drought, lightning, fire, power failure, shortage of power, disturbance to power supplies, disconnection damage or disturbance to telecommunications connections and cables, trade dispute, government action, embargoes, termination of or refusal to grant a license, damage to or loss of equipment or interruption, failure or delay in any service provided to us by any third party including governmental or regulatory authority or telecommunications operator, war, military operations, or riot.

23.2 travSIM will not accept any liability for the consequences arising out of a force majeure event.

24 Technical Support

24.1 travSIM may without liability, prior warning or consent of the Customer, suspend the service, in the event that it wishes to carry out maintenance, upgrade works, or back-ups. travSIM will take steps to keep any consequent disruption to the service to a reasonable minimum.

24.2 In the event that the Customer becomes aware of any faults with the service, it shall notify travSIM as soon as is practicably possible.

25 IDEMNITY

25.1 Without prejudice to any other indemnity referred to in this or any other Agreement, the Customer agrees to indemnify travSIM and its parent, subsidiaries, affiliates, officers and employees against any claim or demand, including any made by a third party, arising out of the Customer’s or End User’s use of the service and all costs relating thereto. The Customer agrees not to hold travSIM and its parent, subsidiaries, affiliates, officers and employees responsible for any direct or indirect damage resulting from the use of travSIM software or services, in particular, but not limited to; the use or impossibility to use the Service, confidence in information obtained, errors and omissions, defects, viruses, delay in transmission, interruption of service or loss of data

25.2 The Customer agrees to indemnify travSIM, and its parent, subsidiaries, affiliates, officers and employees against any claim or demand, arising from any act of the Customer or third party including but not limited to:

25.2.1 A breach or allegation of breach of the conditions of this Agreement.

25.2.2 Negligence, misconduct or any allegation of negligence or misconduct by the Customer or by any third party.

25.2.3 The marketing or promotion undertaken by or on behalf of the Customer.

25.2.4 The service content provided or marketed by or on behalf of the Customer, and all costs relating thereto.

26 Hyperlinks 

The Website may contain hyper-links to third party sites. travSIM is not responsible for the content of, or the services offered by those sites. The hyperlink(s) are provided solely for the customer convenience and should not be construed as an express or implied endorsement by us of the site(s) or the products or services provided therein. The customers access those sites and use their products and services solely at the customer's own risk. travSIM does not necessarily agree with, edit or sponsor the content on such web pages.