This is the general Terms and Conditions governing the telecommunication services provided by Globetouch. Sales of hardware are also governed by the Terms and Conditions of Globetouch web shop.
”Agreement” means the Parties agreement about the Service.
“Customer” means an individual who enters into the Agreement with Globetouch.
“General Terms and Conditions” means these general terms and conditions that fall within the scope of every agreement between Globetouch and the Customer.
“Globetouch” means Globetouch, 576 10th Street, Oakland, CA 94607, USA , firstname.lastname@example.org
“Parties” means Customer and Globetouch.
“Service” means the mobile data internet service.
“SIM” means the SIM-card provided by Globetouch and necessary for using the Service.
“Service description” means the detailed description of the Service.
“Priceplan” means the different types of offers with combination of countries, data volume, data bandwith and type of internet service that can be ordered/selected from time to time.
2. Service description
Globetouch is providing a mobile internet service to travelling customers (for more detailed information see www.globetouch.com). The Customer can get access to the Service by receiving a Globetouch SIM or by ordering a Globetouch SIM via the Globetouch homepage www.globetouch.com.
The Customer will get a personal account where the Customer can administrate personal information, buy additional products, get personalized offers etc. The customer can, when ordering a Globetouch SIM, chose in which country, where Globetouch has coverage, the customer wants to use the Service and to select a valid Priceplan.
Globetouch cooperates with other mobile operators and network owners in order to realize the Service. Globetouch may use sub-contractors for the performance of Globetouch’s contractual obligations.
3. License to use SIM
The Customer is allowed to use the SIM by Globetouch on a limited licence to enable the Customer to access services, in accordance with the terms of this Agreement. Globetouch may recall the SIM(s) at any time for upgrades, modifications, misuse or when the Agreement is terminated. The Customer can only use the SIM to obtain services from Globetouch.
Each SIM may only be used in devices, which are enabled for the Services and are authorised by Globetouch for connection to Globetouch’s network. Any attempt to use the SIM in other devices may result in serious damage to the device and may prevent the Customer from being able to use the services, including the making of emergency calls. The Customer is allowed to use maximum one SIM per device.
4. The service and provision of internet services
Globetouch undertakes to deliver the Service according to the terms in the Service description. Globetouch cannot guarantee a continuous fault-free service and there may be situations when the Service is not continuously available or the quality is affected. Use of the Internet involves inherent uncertainties and risks, e.g. viruses, spyware, Trojan horses, phishing, hacker attacks, WLAN break-ins, etc. These risks also depend on the Customer’s online behaviour, e.g. the Customer’s browser’s security settings. Globetouch recommends that the Customer increases security by installing adequate security solutions. The Customer must always co-operate with Globetouch and follow Globetouch reasonable instructions to ensure the proper use and security of the services and the Customer’s account.
5. Software rights
The Customer may use software and documentation provided by Globetouch for the duration of the contractual relationship. These rights of use are non-exclusive and non-transferable. All rights to the software are held by Globetouch and by third parties. By installing the software, the Customer accepts Globetouch conditions of license and use. The Customer also agrees to comply with the conditions of any third party operator necessary for using the services and must at any time seek information about such applicable terms. The Customer agrees to indemnify Globetouch from any claims due to the Customer’s misuse of the service or infringement of any third party rights.
6. Software rights
The Customer is responsible for all use of the Service where the Customer’s SIM, username or password is used.
The Customer shall protect SIM from damage or from improper handling. The Customer shall report any loss, theft, or recognizable fault or damage to Globetouch immediately and state the Customers SIM card number or user name. The Customer shall keep codes such as passwords, username and PIN codes confidential and in a safe place (never together with the SIM card).
If the Customer’s SIM card, password or any other equipment under this Agreement is stolen or lost, the Customer must immediately inform Globetouch in order for Globetouch to block the services. The Customer is liable for all charges and use of the service until it is blocked by Globetouch upon such request.
7. Improper use
- make threatening or harassing statements via telephone, electronic communications or other telecommunications terminal equipment, commit fraud or other punishable offences using mobile gateways or similar equipment or devices,
- transmit or store forbidden content, i.e. content which is illegal or generally considered to be immoral; explicitly forbidden is content which is pornographic, abusive, insulting, racist, xenophobic or politically extreme in nature, which glorifies violence or is morally reprehensible, or which violates “netiquette” and thus affects other users or our network integrity,
- transmit or store content protected by copyright if the Customer does not possess the proper licensing or legal authorization,
- send unsolicited information, e.g. by electronic mail or by SMS, for the purpose of direct marketing or as mass mailings (spamming),
- download, send or upload content of an excessive size, quantity or frequency,
- attempt to gain unauthorised access to third-party computer systems (e.g. through hacking, port scans),
- in any way which breaches any security or other safeguards or in any other way which harms or interferes with Globetouch network, the networks or systems of others or Services.
In the event of improper use, Globetouch may suspend the Customer’s access to the Service and/or terminate Globetouch contract with the Customer. The Customer is directly liable to third parties for any violation of their rights arising from the Customer’s use of the Service. Globetouch takes no responsibility whatsoever for the use of the Services in this regard. The Customer also agrees to indemnify Globetouch and hold Globetouch harmless against any liability for any claims by third parties in court or otherwise.