Legal

Definitions In these terms and conditions, the following words have the stated meanings, unless the context suggests otherwise:

1. General terms and conditions: Refers to these general terms and conditions.
2. Day: Refers to a calendar day.
3. Supasim: Represents the company Supasim.
4. Connectivity Platform: Denotes the management portal used to register and access the company’s services.
5. Customer: Encompasses any legal or natural person, acting in the capacity of a company, who enters into or intends to enter into an agreement with Supasim.
6. Website: Refers to Supasim’s website, accessible at www.Supasim.com.

Applicability

1. These general conditions apply to all offers, quotations, agreements, and resulting commitments between Supasim and the customer. If the customer also orders other products or services subject to specific terms and conditions, those terms and conditions will apply to the agreement alongside these general conditions.
2. In case the customer seeks to apply their own general terms and conditions to an agreement with Supasim or refers to such terms, Supasim’s general terms and conditions will prevail unless expressly agreed otherwise beforehand.
3. The general conditions are provided to the customer in advance and can always be accessed on the website, where they are also available for download as a PDF file. Customers can obtain a copy of the general terms and conditions free of charge upon request.
4. Any stipulation in these general terms and conditions and in any further agreements that benefits Supasim also extends to third parties engaged by Supasim.
5. These general conditions do not apply to offers and agreements with natural persons who do not act in a business capacity.

Offers / Quotations

1. All offers and quotations from Supasim are non-binding and can be withdrawn at any time, even if they specify a deadline for acceptance. Offers may also be revoked in writing by Supasim within seven days of receiving acceptance, resulting in no agreement between the parties.
2. Offers can only be accepted in writing, including acceptance via email. However, Supasim is entitled to consider an oral acceptance as if it were made in writing. Placing an order on Supasim’s website constitutes a binding agreement at the moment the customer presses the order button or receives an order confirmation via email.
3. Advertising material, such as catalogs, price lists, leaflets, and third-party data on websites, is never binding on Supasim.
4. Unless explicitly stated otherwise in writing, sizes, weights, and other data are provided as reliable estimates as much as possible.
5. Pricing for different currencies is available through our sales consultants.

Billing

1. The customer is not bound to purchase cellular connectivity for a predefined term but will be billed for the service on a daily basis. Supasim will invoice the customer: a. Using the account balance for the use of services; b. Daily charges are calculated on a calendar day basis and renew at 00:00:00 GMT each day. c. Fees based on the customer’s usage of services; d. All data sessions are rounded up to 1kb (1000 bytes) or a minimum of 0.0001. Each Call Detail Record generated is rounded up to 1kb; e. Enabled SIM cards are billable.
2. Any partial day of services will be rounded up to a full day for the purpose of calculating fees.

Price

1. All prices charged by Supasim are based on the pricing list available for download on the website as a PDF file, unless a custom quote or offer is expressly agreed upon in writing.
2. Prices indicated by Supasim are always exclusive of VAT and shipping costs unless otherwise agreed upon in writing.
3. Supasim is entitled to adjust prices or parts thereof for not yet delivered and/or unpaid business or services due to changes in price-determining factors, such as data charges, roaming agreements, wages, taxes, production costs, currency exchange rates, and similar factors.
4. Supasim reserves the right to adjust prices promptly if there is a statutory price-determining factor.

Payment

The cellular connectivity platform requires customers to add funds to their balance before accessing and using its services. Customers can conveniently add funds through the provided payment options on the platform.

Each service or feature’s price will be clearly specified on the platform’s website, and customers must agree to the price before adding funds to their account. Customers have the flexibility to choose any amount of funds, with a minimum and maximum amount as specified by the platform.

Upon a successful payment, the customer’s account balance will be immediately updated, enabling them to utilize the platform’s services with the added funds.

Refunds or exchanges for added funds will not be issued unless there are technical errors or system failures. If such issues occur, customers should promptly notify the platform’s customer support team within 24 hours. The platform will investigate the matter and, if necessary, provide a refund or credit the appropriate amount to the customer’s account.

For SIM cards and hardware purchased on the website, full payment is made directly through secured online payment processes, and refunds are subject to the refund policy.

Supasim reserves the right to modify the price of services or features without prior notice to customers. However, any purchases made before the price change will be honored.

The platform accepts various payment methods, including credit cards, debit cards, and online payment services. The platform may update the available payment methods at its discretion.

To ensure secure transactions, the platform employs secure payment gateways. However, the platform is not responsible for any errors, delays, or issues that may arise from third-party payment gateway services during payment processing.

Customers are responsible for providing accurate and up-to-date payment information. The platform cannot be held liable for any errors or issues caused by incorrect payment information.

Customers are also responsible for any taxes and fees associated with their fund balance purchases. The platform will not cover taxes or fees imposed by third-party payment gateways or financial institutions.

By adding funds to their account, customers agree to abide by the platform’s terms and conditions, which include these payment terms.

Accounts and Registration

The Supasim connectivity platform offers free sign-up for customers, who can easily create an account by providing their name, email address, and other necessary details on the platform’s registration page.

To create an account on the platform, customers must be at least 18 years old.

It is the responsibility of customers to maintain the confidentiality of their account information, including their password, and they are accountable for all activities conducted under their account.

Customers must ensure the accuracy and completeness of the information provided during registration. The platform retains the right to verify the information and may reject or suspend any account found to contain false or misleading details.

In compliance with all relevant privacy laws and regulations, including the General Data Protection Regulation (GDPR), the platform provides customers with access to its privacy policy, offering insights into how their personal information is collected, used, and safeguarded.

Customers have the freedom to close their account at any time by visiting the profile page in the account settings and initiating the account deletion process. The platform will erase all personal information associated with the account, except for any data required to be retained by law.

The platform reserves the right to suspend or terminate any account that violates these terms and conditions, including accounts engaged in fraudulent or abusive behavior, infringement of intellectual property rights, or non-compliance with applicable laws and regulations.

Additionally, the platform holds the right to modify or discontinue any aspect of its services, including account registration and management, without prior notice to customers.

The platform cannot be held liable for any damages or losses arising from unauthorized access to a customer’s account or the customer’s failure to comply with these terms and conditions.

By registering for an account on the platform, customers affirm their agreement to the platform’s terms and conditions, including these account and registration terms.

Delivery

1. Unless otherwise specified in writing, the place of delivery in all cases shall be the physical location of the customer or the location specified in the customer’s order that was contracted.
2. While delivery terms mentioned in offers, quotations, confirmations, and contracts will be given due consideration to the best of our knowledge, they should not be regarded as strict deadlines.
3. The customer is responsible for facilitating Supasim in carrying out the delivery.
4. The customer guarantees, at their own expense and risk, that: a. Supasim is provided with the necessary cooperation to execute the delivery. b. The ordered items or services are duly accepted. c. The delivery can take place during normal working hours of 08:00 – 18:00 AEST under standard working conditions.
5. In the event that the ordered items or services have been offered for delivery, but delivery is not possible due to the customer’s failure to fulfill the obligations mentioned in paragraphs 3 and 4, it shall be deemed that the purchase has been refused. At this point, the customer is considered to be in default without any further notice from Supasim. The date of refusal of acceptance shall be deemed as the delivery date for the ordered items or services. Furthermore, from this moment onwards, the goods shall be at the customer’s risk, in accordance with the provisions under the “Risk Transfer” section of these general terms and conditions.
6. Notwithstanding the obligation to make payment, the customer shall be liable to compensate Supasim for any damages incurred as a result of the refusal, including costs incurred for storage and transport, the latter being calculated at the prevailing on-site rates.

Risk Transfer

Irrespective of any agreed-upon transport and insurance costs between Supasim and the customer, the items shall remain at Supasim’s risk until they are physically under the customer’s actual control or transferred by way of signing waybills, checklists, and/or packing lists, or through actual delivery.

Retention of Title

1. The ownership of the goods delivered by Supasim to the customer shall only pass to the customer once all obligations under all agreements with Supasim have been fulfilled, including the settlement of any claims for services or activities rendered.
2. Notwithstanding the provision in paragraph 1, the customer is entitled to use the goods received from Supasim in the normal course of business.
3. The customer shall never have the authority to pledge, transfer, hand over, or make any changes to the delivered goods in any manner.
4. If the customer defaults in fulfilling their obligations, Supasim has the right to retrieve the goods at the customer’s expense from their location.

Liability

1. In the event that one of the parties fails to fulfill one or more of its obligations under the agreement, the other party shall issue a notice of default to the non-compliant party, unless the performance of said obligations has become permanently impossible, in which case the negligent party is considered to be in default immediately. The notice of default shall be made in writing, allowing a reasonable period for the negligent party to fulfill its obligations. This period is deemed to be of crucial importance. Supasim’s liability towards the customer for direct damages arising from non-performance, delayed, or improper performance is limited to the net invoice value of the relevant items or services.
2. The limitation mentioned in paragraph 1 also applies if Supasim is held liable by the customer for any reason other than the agreement concluded between them.
3. Direct damages are exclusively defined as: a. Reasonable costs that one party would have to incur to fulfill the performance of the other party under the agreement. However, such damages will not be reimbursed if the other party has terminated the agreement; b. Reasonable costs incurred to determine the cause and extent of the damage, as long as such determination relates to direct damages within the meaning of the general terms and conditions; and/or c. Reasonable costs incurred to prevent or limit damage, provided the suffering party demonstrates that these costs have resulted in the limitation of direct damages within the context of these conditions.
4. Supasim shall not be liable for indirect damages, including consequential damages, loss of profits, missed savings, damages due to business interruption, and all damages not covered by direct damages within the meaning of these terms and conditions.
5. The limitation of liability does not apply in cases of intent or gross negligence by directors and executives of Supasim.
6. Supasim shall not be liable for materials provided by the customer to Supasim in connection with the agreement. The customer is obligated to take out adequate insurance for such materials.
7. Without prejudice to the above, Supasim shall not be liable if the damage results from intentional and/or gross negligence and/or willful or improper use of the delivered goods by the customer.

Software

1. Upon purchasing or using a software product, the customer receives access (Login if hosted in the cloud), the associated documentation (if any), and a user license in accordance with the licensing conditions set by the manufacturer.
2. By using the software for the first time, the customer automatically agrees to the relevant license conditions. The intellectual property of the product remains with the licenser. All rights to product designations, trademarks, logos, etc., as mentioned and used by Supasim, belong to the respective rights holders. The customer must respect all rights of third parties while using the products.
3. Installing new software or making changes to already installed software carries the risk of data loss. The customer must take measures to prevent data loss. Supasim is not liable for any damage resulting from the installation of new software.

Indemnification

1. The customer shall indemnify Supasim to the extent permitted by law, against any liability towards one or more third parties arising from or connected with the execution of the agreement, regardless of whether the damage was caused by Supasim, its agents, affiliates, or the goods and/or services delivered. Additionally, the customer shall indemnify Supasim, to the extent permitted by law, against all claims from third parties related to any infringement of intellectual property rights by these third parties.
2. The customer is responsible for securing adequate insurance to cover the aforementioned risks.
3. The customer is always obliged to take all necessary measures to limit the damage.

Force Majeure

1. If the performance by Supasim or the customer’s fulfillment of the agreement is delayed due to force majeure for a period exceeding one month, either party – with the exclusion of further rights – may dissolve the agreement in accordance with the law. Any performance that has already been fulfilled or carried out under the agreement will be settled pro rata.
2. Force majeure circumstances, in the case of Supasim, include but are not limited to: a. Events that prevent Supasim from delivering a performance (including a performance by the customer) on time or properly; b. Strikes; c. Traffic disruptions; d. Government measures that hinder Supasim from fulfilling its obligations in a timely or proper manner; e. Riots, rebellion, war; f. Extreme weather conditions; g. Fire; and/or h. Import, export, and/or transit restrictions.
3. If unforeseen circumstances arise of such a nature that it becomes unreasonable and unfair to expect Supasim to perform, either party may seek the dissolution of the agreement, in whole or in part, as decided by the judge.

Dissolution

1. Each party has the right to terminate the contract, either wholly or partially and without further notice of default or judicial intervention, in the following cases, to the extent such rights have been granted: a. If the other party has applied for or been granted a suspension of payment or declared bankrupt; b. If the other party’s company is wound up voluntarily or involuntarily; c. If the enterprise of the other party undergoes a merger or acquisition; d. If a substantial part of the assets of the other party is seized; and/or e. If there are other circumstances under which the continuation of the agreement is not feasible.
2. The right to dissolve the agreement shall only be exercised by each party if the other party, after proper and detailed written notice of default with a proposal for a reasonable period to remedy the breach, fails to adequately fulfill material obligations under the agreement and this breach is attributable to the other party.
3. In the event of the agreement being dissolved, Supasim’s claims against the customer become immediately due. If Supasim suspends the fulfillment of its obligations, it retains its claims under the law and the agreement.
4. Supasim always retains the right to claim compensation.

Intellectual Property

1. Supasim ensures that the goods it delivers do not infringe Dutch patent rights, design rights, or other industrial or intellectual property rights of third parties.
2. If, however, it is ultimately recognized by Supasim or a Dutch court in an irrevocable judgment that any delivered item by Supasim infringes the rights of third parties as referred to herein, Supasim will, at its discretion, either replace the infringing item with an item that does not infringe on third-party rights, acquire the relevant right or license, or refund the price paid for the item, less any normal depreciation, without being obligated to provide further compensation.
3. However, the customer forfeits the rights specified in paragraph 2 if they fail to promptly and fully notify Supasim of any claims from third parties as mentioned in this article, thereby preventing Supasim from properly defending its rights in this matter.

Transmission

The customer is not allowed to assign the rights and obligations arising from the agreement to third parties without prior written permission from Supasim.

Privacy and Security

1. Supasim values and respects the privacy of its customers. All personal data provided to Supasim is handled and processed in accordance with applicable legislation, particularly the Personal Data Protection Act. By using our services, the customer agrees to this processing. Supasim employs appropriate security measures to safeguard customer’s personal data.
2. For more detailed information about privacy, please refer to the Supasim website.

Remaining

1. Any deviations from these general terms and conditions must be agreed upon in writing. Until such deviations are officially entered into the legal relationship, no rights can be derived from them.
2. The records and administration maintained by Supasim serve as evidence of the customer’s performance requests and/or orders, unless proven otherwise. The customer acknowledges that electronic communication can be used as evidence.
3. If any provision of these general terms and conditions is declared void or unenforceable, the other provisions will remain in effect. In such cases, Supasim will endeavor to establish a new provision to replace the void/nullified provision while preserving the intended purpose of the original provision.
4. The place of performance of the contract shall be considered to be the location where Supasim is based.

Applicable Law

1. Any disputes arising between Supasim and the customer as a result of an agreement entered into with Supasim or any agreements derived from it shall, unless otherwise agreed upon in writing, be settled in the first instance by the competent court in the place of business or jurisdiction of Supasim.
2. All agreements and non-contractual obligations between Supasim and the customer, to which these general conditions apply, are exclusively governed by Australian law.