Terms and Conditions
General contract terms
1. Contract Subject
Things Mobile S.r.l., with registered office in Piazza Luigi di Savoia, 22 - 20124 - Milan – Italy, VAT and Tax Code no. 09882960967, (hereinafter the “Company”) is a seller of mobile and/or land-line data traffic.
2. Customer request and activation
The Customer submits the activation proposal for one or more Things Mobile SIM cards to the Company by sending and signing (also electronically) the relevant application form. The proposal is accepted with the activation by the Company of the Things Mobile SIM card(s) and its connection to the network. The Company shall activate the Things Mobile SIM card(s) within 72 (seventy-two) hours of the activation request. For this purpose, the Customer must provide, under his/her own responsibility, his/her complete personal information, together with ID documents as per current regulations. Things Mobile SIM card(s) lacking any required ID documents of the holders shall be deactivated with the loss of the assigned number.
3. Provision of Services
Things Mobile S.r.l. Shall ensure an adequate level of supply for its Services according to the quality levels set out in the Service Level Agreement available at https://www.thingsmobile.com/charter-for-services, it being understood that it may avail itself of the collaboration of third parties in performing its contractual obligations. The Company shall not be liable with Customers in any way whatsoever for any disservice and/or malfunction, and/or service discontinuance due to causes not ascribable to it or due force majeure. Although Company takes utmost care and implements all possible safety measures in compliance with applicable regulations, it cannot guarantee absolute protection of its networks against unauthorized accesses or tapping and is not therefore liable, should these occur.
4. Customer Obligations
Customers undertake to use the Services in accordance with applicable laws, regulations, and these Contractual Terms and Conditions. Customers are responsible for the use of the Services, and the use thereof made by third parties with their consent. Customer must use the Services solely with approved equipment according to European standards and that do not allow voice traffic and/or personal instant messaging in any case whatsoever. Customers are to inform the Company immediately of any abnormal and/or unauthorized use of the Services. The Company reserves the right to suspend the Services should it detect unlawful or fraudulent activities by Customers or by third parties or upon reporting by the competent authorities. The Company may suspend the Services either in whole or in part if it detects abnormal and unreasonable increases in the volume traffic compared to prior traffic. Improper use of the Services is any use that exceeds the reasonable limits for the use of the Things Mobile SIM card(s). In compliance with current regulations, the Company reserves the right to slow down and/or suspend and/or deactivate the Things Mobile SIM card(s) in the case of improper use of the Services, without prejudice to the right of the Company to terminate the contract under Article 1456 of the Italian Civil Code should Customers fail to comply with the provisions of Article 4 herein.
The Services are delivered solely in pre-paid mode.
The current rate plan is the following:
1) each Things Mobile SIM card has an initial minimum recharge fee of €10 that goes into a separate or shared traffic ceiling (the “Ceiling”). The cost of issue of the Things Mobile SIM card is equal to €0 when Customers purchase an initial minimum recharge of €10. This offer relates to “All-in-one” SIM cards (Micro–Nano–Standard), while for “Sim-On-Chip” cards the related cost will be set based on the purchased quantity;
2) Payment of the Ceiling entitles to use the Services up to its capacity by calculating increments of 1 kB paid in advance, the cost of which depends on the country where the Things Mobile SIM card is used. The rates are available and constantly updated on the website at www.thingsmobile.com/plans. The Ceiling can be related to one or more Things Mobile SIM cards held by a Customer. The Ceiling can be recharged by paying minimum amounts equal to €25, at the Customer’s request or, once it is depleted, by periodic recharges on the Customer's credit card;
3) Rates do not include VAT where due.
Said Rate Plan is also published in a specific section of the website of the Company at www.thingsmobile.com and it can be modified at any time by the Company; in this case, the Customer is entitled to withdraw according to the provisions of Article 13 below.
Customers grant consent to receiving electronic invoices in their name by e-mail and are responsible for printing these on paper.
6. Thiings Mobile
On delivery of each Things Mobile SIM card, customers are given the safety codes (PIN and PUK). Customers must immediately notify the Company of loss, theft of or tampering with their Things Mobile SIM cards. In these cases, the Company shall deactivate the Things Mobile SIM card(s) and, if need be, replace it/them. The Company is entitled to deactivate the Things Mobile SIM card(s) without incurring any obligation to indemnify if it is required by authorities or due to technical reasons that prevent continued provision of the Services. The Company is also entitled to deactivate the Things Mobile SIM card(s) if more than 30 (thirty) days have elapsed from the depletion of the available traffic without being renewed by the Customer or if the Things Mobile SIM card(s) is/are no longer active for more than twelve consecutive months.
7. Traffic management
In order to ensure fair and non-discriminatory access for all Customers to the Services and to preserve the integrity and the full functionality of the network (avoiding, firstly, congestion), the Company reserves the right to introduce temporary and non-discriminatory mechanism to limit use of available network resources in compliance with the principle of fair treatment.
8. Personal Data Protection
9. Customer Service – Complaints
In order to receive assistance and make complaints (according to current regulations), Customers are entitled to contact the customer service of Things Mobile S.r.l. through the email address [email protected]thingsmobile.com.
10. Improper use of the Services
Customers are responsible for the content of the information transmitted and/or processed using the Services. Therefore, the Company is not liable for the content of messages, documents or any data transmitted or received using the Services. Customers are required to use the Services in good faith and fairness, in accordance with these Contractual Terms and Conditions, refraining from gaining advantages other than those related to routine use of the Services. More specifically, the Services must not be used to commit prosecutable criminal actions and/or to directly/indirectly infringe the rights of other users and/or third parties. Customers are also prohibited from reselling the Services to third parties. The Company may definitively cease or suspend without notice and compensation use of the Things Mobile SIM card(s) where there is evidence of misuse of the Services by Customers. In this case, Customers cannot request the return of the remaining balance of their Things Mobile SIM card(s), save for the right to claim additional damages by the Company due to improper use of the Services.
11. Waivers and limitations
The liability of the Company for damage caused by intent or gross negligence is limited to a maximum limit of €10 000 (ten thousand). The Company is not liable for the loss of Customer data and damages caused by negligence. The Company is not liable in any way whatsoever for indirect and/or consequential damages and loss of earnings by Customers.
12. Additional conditions – Contract Transfer
The Company is entitled to transfer these Contractual Terms and Conditions to third parties, either in whole or in part, ensuring the fulfillment of the related obligations by the transferee, and without prejudice to the rights of the Customer. Customers are entitled to transfer the rights and obligations under these Conditions and Contractual Terms to third parties only after obtaining written approval by the Company.
13. Termination by the Customer
Customers are free to withdraw from these Contractual Terms and Conditions free of charge at any time by sending a registered letter to Servizio Clienti, Things Mobile S.r.l. - Via Biron 102, 36050 Monteviale (VI) - Italy - or by e-mail to [email protected] - or through the same telematic tools used to activate the service without prejudice to the payment of any residual amounts. Termination shall take effect 30 (thirty) days after the date of the acknowledgment of receipt by the Company. In the event of changes to these Terms and Conditions, Customers may withdraw from this contract according to the terms above and before the date the contractual changes take effect. It is understood that withdrawal shall take effect as from the effective date of the contractual changes if the relevant notice is received by the Company before said date.
14. Withdrawal and Termination by Things Mobile
The Company may terminate these Conditions and Contractual Terms by written notice within a notice period of 30 (thirty) days from the date of withdrawal. The Company may terminate these Contractual Terms and Conditions at any time and with immediate effect in the following cases: a) block of the credit card of the Customer; b) repeated and persistent unlawful, abusive or improper use of the Services by Customers; c) in the event of cases in which Customers are not directly or indirectly associated with the legal entity which has entered into this agreement.
15. Intangible assets
For the entire duration of the contractual relationship, the Company grants Customers a non-transferable and non-exclusive right to use the intangible assets (such as trademarks and logos that distinguish the Services) necessary for the use of the Services pursuant to these Contractual Terms and Conditions and only to the extent of that use. The related intangible rights remain the exclusive property of Things Mobile S.r.l. and/or third party owners and/or licensors of such intangible rights.
16. Variation of ID data and communications
Customers are to keep the Company always abreast of any variation of their identification details. All communications sent by the Company to the last virtual or material address given by Customers will be deemed as validly received and acknowledged.
17. Out-of-court settlement of disputes
Any disputes that may arise between the Company and the Customer relating to the Services provided and these Terms and Conditions shall be settled according to the procedures set out by the Resolution of the Italian Communications Authority No. 173/07/COM as amended available at http://www.agcom.it/documents/10179/1/document/6a850ae3-451d-4017-9e83-aab3472d9fdd.
18. Governing law
The Contractual Terms and Conditions are governed by Italian law.