Terms and Conditions
1. Contract Subject
Things Mobile S.r.l., with registered office in Piazza Luigi di Savoia, 22 - 20124 - Milan - Italy, VAT no. and taxpayer’s ID code 09882960967 (the "Company"), operates as a reseller of mobile and/or landline data traffic.
These General Contract Terms and Conditions (hereinafter the "Terms and Conditions") govern the relationship between the Company and Customer relating to the activation of one or more SIM cards called "Things Mobile SIM Card". The Things Mobile SIM card ensures data and text message receipt/transmission solely for use with IoT (Internet of Things) and M2M (Machine-to-Machine) applications for fixed and mobile goods, such as household appliances, vehicles, transportation instruments, video surveillance instruments and other connectible products (hereinafter the "Services"). Voice telephony services and data traffic not included in the IoT and M2M services are excluded. In addition to these Terms and Conditions, the relationship between the Company and the Customer is governed by the Privacy Policy and by the Service Level Agreement (hereinafter collectively referred to as the "Contractual Terms"). The Company reserves the right to modify at any time these Terms and Conditions, communicating any contractual changes at least 30 (thirty) days before these take effect. It is understood that the Customer may withdraw therefrom according to Article 13 below. These Contractual Terms and Conditions are published at www.thingsmobile.com, are valid 12 months as from October 28, 2020 and shall be renewed tacitly for periods of equal duration.
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 will activate the Things Mobile SIM Card(s) within 72 (seventy-two) hours of the request for activation, which shall take place within 36 (thirty-six) months of delivery of the Things Mobile SIM Card(s) to the Customer, after which the latter will be permanently deactivated. The Customer may request the return of any credit associated with the Things Mobile SIM Card(s) by notifying Things Mobile Customer Service - Via Biron 102, 36050 Monteviale (VI) by registered letter. For the purpose of identification, 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. guarantees the provision of the Services according to the quality levels indicated in the Service Charter available at http://www.thingsmobile.com/it/carta-dei-servizi, it being understood that it may avail itself of the collaboration of third parties in fulfilling its contractual obligations, including wholesale connectivity service providers located abroad. Although the Company takes utmost care and implements all possible safety measures in compliance with applicable regulations, it cannot guarantee absolute protection of its networks and Services against unauthorized access, intrusion, tapping or other attacks (including by hackers, wherever they may be) and is not therefore liable, should these occur. The Company shall ensure adequate geographical coverage of the Services, while remaining free to determine and/or vary it under roaming agreements with electronic communications operators abroad. The right to portability of the number associated with the Things Mobile SIM Card is excluded if wholesale connectivity services are provided by an operator abroad.
4. Customer obligations
The Customer undertakes to use the Services in accordance with applicable laws, regulations, and these Contractual Terms and Conditions. The Customer is responsible for the use of the Services, and the use thereof made by third parties with his/her consent. The Customer must use the Services only with approved equipment. The Customer has 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 the Customer 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. It is understood that the Company is entitled to terminate the contract under Article 1456 of the Italian Civil Code should the Customer fail to comply with the provisions of Article 4 herein.
5. Rate plan
The Services are provided solely on a prepaid basis and are available for both private and business users. The rates are available and constantly updated on the website at www.thingsmobile.com, under the section Plans and any changes shall be communicated in compliance with the requirements of AGCOM Resolution no. 519/15/CONS.
The Customer grants consent to receiving electronic invoices in his/her name by e-mail and is responsible for printing these on paper.
6. Things Mobile SIM card
On delivery of each Things Mobile SIM Card, the Customer is given the safety codes (PIN and PUK). The Customer must immediately notify the Company of loss, theft of or tampering with his/her 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 shall be entitled to deactivate the Things Mobile SIM Card(s) in the event that the Things Mobile SIM Card is inactive for more than twenty-four consecutive months. At the expiration of the twelfth month from the last business relationship, the Company informs the Customer of the deactivation of the Things Mobile SIM Card(s), allowing the reactivation of the service on the same number, without any additional charges for the Customer and, where possible, within forty-eight hours of their request. In any case, the Company shall inform the Customer, at least thirty days in advance, both of the possible suspension of service and of the termination of the assigned number.
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
The Company undertakes to process Customer personal data in accordance with the applicable provisions on the protection of personal data and with the Privacy Policy that can be consulted at www.thingsmobile.com. The company Things Mobile S.r.l. shall collect, save, and process the data needed to provide the Services, follow up on and manage relationships with Customers, to ensure the security of platforms and infrastructure, as well as for invoicing.
9. Customer Service – Complaints
In order to receive assistance and make complaints (according to current regulations), the Customer is entitled to contact the customer service of Things Mobile S.r.l. through the email address info@thingsmobile.com, at the toll-free number 800 19 40 16 or at the phone number +390283595427.
10. Improper use of Service
The Customer is 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. The Customer is 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. The Customer is 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 the Customer. In this case, the Customer 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 in case of damage caused by intent or gross negligence is limited within the maximum cumulative limit of €10,000 (ten thousand) for the total number of Things Mobile SIM Cards held by the Customer. 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 the Customer.
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. The Customer is 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
The Customer may withdraw freely and free of charge from this contract at any time by sending a letter to the Things Mobile Customer Service - Via Biron 102, 36050 Monteviale (VI) - Italy - or an email to info@thingsmobile.com or through the same telematic means used for the activation of the Services, except for the payment of amounts due at the time of termination. Termination shall take effect 30 (thirty) days after the date of receipt by Things Mobile of the Customer’s notice. In the event of changes to these Terms and Conditions, the Customer may withdraw from these according to the terms above and before the date the changes take effect. It is understood that termination shall take effect as from the effective date of the changes if the termination notice is received by the Company before said date.
14. Withdrawal and Termination by the Company
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 the Customer; c) in the event of cases in which the Customer is 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 the Customer 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
The Customer is 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 the Customer will be deemed as validly received and acknowledged.
17. Out-of-court settlement of disputes
Any disputes between the Company and the Customer regarding the provision of the Services and these Terms and Conditions shall be settled in accordance with the Regulation on procedures for the resolution of disputes between users and operators of electronic communications set out in AGCOM Resolution no. 203/18/CONS.
18. Compensation
The Company complies with Resolution no. 347/18/CONS on compensation applicable in the settlement of disputes between users and operators of electronic communications.
19. Governing law
The Contractual Terms and Conditions are governed by Italian law.
Terms and conditions valid for registered and activated customers from 10/28/2020 to 02/01/2022. Click here to consult the history of the Terms and Conditions.