GENERAL TERMS AND CONDITIONS
Effective date: 3 June 2024
The following Terms and Conditions shall apply to all services rendered by eSIMSir PTE. LTD., hereafter referred to as eSIMSir, in connection with prepaid eSIM reselling. The following Terms and Conditions are provided on the website https://www.esimsir.com. eSIMSir may accept variant clauses only in the case of an explicit written agreement. This section defines various categories of individuals and entities who interact with eSIMSir's services, platforms, and applications. Understanding these roles is crucial for interpreting the rights, obligations, and conditions described in these Terms and Conditions (T&C).
End Users: Individuals who use and interact directly with Services via their eSIMSir account for their personal use. Business Users: eSIMSir provides services to entities (“Business Users”) who directly and indirectly provide us with End Customer’s personal information in connection with those Business Users’ own business and activities. End Customers: Individuals who receive services ordered by other eSIMSir account owners, for example, when you do business with, or otherwise transact with a Business User. Job applicants: Individuals who submit a job application to eSIMSir. The term "Customer" as used throughout this document will refer to any individual or entity engaging with eSIMSir's services, including End Users, Business Users, and End Customers, as applicable based on the context of the usage. This broad definition ensures that our T&C encompasses all interactions with our services, providing a clear and comprehensive understanding of the rights and responsibilities of all parties involved.
eSIMSir resells prepaid eSIMs. The Customer registers and buys eSIMs on the eSIMSir website (https://www.esimsir.com) and/or eSIMSir App.
All customers, including End Users, Business Users, End Customers, and Job applicants as defined in Section 1, must accept the General Terms and Conditions to utilize eSIMSir services. During the registration process, the following information must be provided:
For End Users: Personal information such as First Name, Last Name, and Email address is required for direct interactions and transactions on the eSIMSir website (https://www.esimsir.com) or via the eSIMSir App. For Business Users: Additional information is necessary to accommodate the unique needs of businesses. This includes Company Name, Company Address, Company Users' email addresses, Company Website, Region, Industry, Phone Number, relevant contacts, and other relevant details. This information helps in tailoring our services to better suit the operational requirements and service delivery to their End Customers. For End Customers: When services are ordered by another eSIMSir account owner, such as a Business User, the necessary information to facilitate this transaction is handled by the initiating party. Business Users are responsible for ensuring that the personal information of End Customers is collected in compliance with applicable data protection regulations.
In instances where eSIMSir services are provided through intermediaries (e.g., hotels or travel agencies), the intermediary may provide the required registration information on behalf of the Customer. To adapt to evolving service requirements and enhance user experience, eSIMSir reserves the right to collect additional information from all categories of customers as deemed necessary. This collection of additional information will be conducted in a manner that respects privacy and complies with data protection laws, without necessitating further changes to these Terms and Conditions. Customers will be informed accordingly about the collection of any such additional information through our standard communication channels.
eSIMSir shall use reasonable endeavors to provide Customer quality service. However, eSIMSir does not guarantee that the service will not be interrupted, provided on time, and be safe or fault-free.
In using the Equipment or Services provided by eSIMSir, the Customer must not engage in any action: that is abusive, illegal, or fraudulent; that causes the Network to be impaired or damaged. When the Customer breaches its obligations under Sec. 2.4, eSIMSir may suspend the Customer's use of the Service. During any period of suspension, the Customer shall continue to pay all Charges due under this Agreement in respect of the suspended Services.
The Customer is responsible for ensuring that their device is eSIM compatible and network-unlocked. Device compatibility may depend on the carrier and country of origin; the Customer must check the list of eSIM-compatible devices provided at the checkout. By checking the box that confirms that the Customer's device is eSIM compatible, the Customer is then held responsible for the accuracy of the information they provide.
The eSIM compatibility list is not exhaustive, meaning newly announced eSIM-compatible devices may still need to be added.
The service contract between eSIMSir and the Customer begins upon completing the order on the eSIMSir website (https://www.esimsir.com, including any subdomains associated with eSIMSir), via the eSIMSir app, through our APIs, on the Partner Platform, or via any other product provided by eSIMSir that allows customers to make an order.
The Activation of the eSIM and acknowledgment of the Activation Policy is the Customer's responsibility.
The contract will be terminated for End Users if they do not have an active data package or have deleted the eSIM from the target device. However, for Business Users, the termination of the contract is subject to the terms of any specific agreement signed between the Business User and eSIMSir, or their active status on the Partner Platform. For Business Users with such agreements or active platform participation, the contract remains in effect even in the absence of an active data package or if an eSIM is deleted from a device, reflecting the ongoing partnership and commitments between eSIMSir and the Business User.
eSIMSir offers various payment methods for its services, including but not limited to Credit/Debit Card, PayPal, Google Pay, Apple Pay, and Alipay.
The currency of payment is in US Dollars ($) and may include various other currencies, with the currency of payment being determined during the transaction.
The credit card transaction will be processed and secured by eSIMSir-approved payment service providers, including but not limited to PayPal (https://paypal.com/) and Stripe (https://stripe.com/), and additional providers chosen by eSIMSir for each transaction.
In addition to our existing payment options, eSIMSir offers continuous access to our services without the need for manual renewal. This model is intended for End Users seeking uninterrupted service and convenience.
Automatic Charges: Under this model, renewal fees will be charged automatically to the End User's preferred payment method when their available data drops below a certain threshold at the beginning of each billing cycle.
Cancellation Policy: End Users can cancel their renewal at any time. Cancellation will take effect at the end of the current billing cycle, allowing users to continue accessing the service until the cycle concludes. To cancel, users can manage their settings directly within their eSIMSir account or contact our support team for assistance.
4.2.1. eSIMSir states all Charges are inclusive of VAT unless otherwise specified. All prices and fees for eSIM purchases by Business Users on the eSIMSir platform are exclusive of applicable taxes unless stated otherwise. Business Users are responsible for determining and covering all taxes associated with their purchase of eSIMs from eSIMSir.
4.2.2. The Customer shall not be entitled to offset any of its claims against claims of eSIMSir, except where the Customer's claims are undisputed or have been confirmed by final court judgment.
4.2.3. Invoicing eSIMSir implements a systematic approach to billing Business Users for the utilization of eSIMSir Credits, which are employed for the acquisition of eSIMs, top-ups, and other eSIMSir products and services via the Partner Platform. This process is designed to ensure clarity and accountability in the financial transactions between eSIMSir and its Business Users.
4.2.3.1. Issuance of Invoices: eSIMSir issues invoices to Business Users detailing the eSIMSir Credits consumed for purchasing eSIM and top-up packages within a specified billing period. These invoices provide a comprehensive breakdown of charges incurred, enabling Business Users to track and manage their expenses effectively.
4.2.3.2. Payment Obligations: Upon receipt of an invoice, Customers are required to fulfill their payment obligations within the deadlines stipulated on the invoice. It is imperative for Business Users to adhere to these time frames to ensure uninterrupted access to eSIMSir services and maintain a positive standing within the eSIMSir Partner Platform.