1. Contract Subject

ChatSim S.r.l., with registered office in Piazza Luigi di Savoia, 22 - 20129 - Milan – Italy, VAT and Tax Code no. 09088330965, is a reseller of international mobile and land-line phone and data traffic (the “Company”).
These General Terms and Conditions of Contract (hereinafter, the "Conditions") govern the relationship between the Company and the Customer with regard to the Activation of two SIM cards, respectively called ChatSim Unlimited and ChatSim Internet + Chat (hereinafter collectively referred to as the “ChatSim Cards” for the provision of its services (hereinafter collectively referred to as the “Services”).

The use of ChatSim Unlimited guarantees the reception/transmission of mobile data solely for the purpose of using compatible instant messaging applications listed on www.chatsim.com.

The use of ChatSim Unlimited + Chat guarantees the access to Internet and the reception/transmission of mobile data solely for the purpose of using compatible instant messaging applications listed on www.chatsim.com.

The relevant rates are listed on www.chatsim.com as provided for in the following Section 5.
In addition to these Conditions, the relationship between and the Company and the Customer is governed by the Privacy Policy, the Service Charter, the terms of the selected rate plan and any applicable options and/or special offers (hereinafter collectively referred to as the "Contractual Terms"). The Company reserves the right to modify at any time these Conditions and Contractual Terms, communicating any contractual changes at least 30 (thirty) days before these take effect, provided that  the Customer may withdraw therefrom according to Article 13 below.
These Conditions and Contractual Terms are published on the Internet at www.chatsim.com where one can consult the territories covered by the Services (hereinafter, in the singular, the "Territory"). These Contractual Terms and Conditions are valid 12 months as from March 5, 2018 and shall be renewed tacitly for periods of equal duration.

2. Customer request and activation

The Customer submits a subscription proposal to the Company, specifying the selected rate plan. The proposal is accepted with the activation by the Company of the ChatSim Cards and their connection to the Company’s network. The Company shall activate the ChatSim Cards and/or any additional services within 72 (seventy two) hours from the activation request. To this purpose, Customers must provide, under their own responsibility, proof of identity, of tax code (if resident in Italy), and of their address or residence as well as a mobile number to associate with the ChatSim Cards.  ChatSim Cards lacking any required documents shall be deactivated with the loss of the assigned number. In the event that said term for activation is not met, Article 8 of the Service Charter shall apply

3. Provision of Services

The Company strives to ensure an adequate level of provision of its Services, according to the quality levels set out in the Service Charter available at https://www.chatsim.com/charter-for-services

In the event that the said quality levels are not temporarily ensured by the Company due to its own fault, the latter undertakes to refund the fraction of the monthly or annual rate as selected by the Client and calculated based on the actual length of the inconvenience by issuing a free ChatSim Cards charge card of the same amount as the said fraction. This shall be credited to the Customer within 30 (thirty) days from his/her request. The Customer acknowledges that: the Services may not have an homogeneous coverage of the Territory extended to all specific areas of the Territory, with no warranty of 4G covering due to technical reasons as to the mobile devices use by Client and/or the Sim cards utilized by the same and/or the network covering insured by the local mobile data and telephony operators; international roaming coverage may be subject to significant changes, either temporary or permanent; the Company  may discontinue its services, either fully or in part, at any time and without notice due to planned/extraordinary maintenance, upgrade and/or change of the networks used and of other technological infrastructure used to provide the Services. In such cases, the Company shall not be liable for losses, damages, or inconvenience suffered by the Customers. Moreover, the Company is not liable in any way whatsoever for disservice and/or malfunction, and/or service discontinuance due to causes not ascribable to the Company. 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 against unauthorized accesses or tapping and is not therefore liable, should these occur. The Company may request the collaboration of third parties in the execution of its contract obligations.

4. Customer Obligations

Customers undertake to use the Services in accordance with applicable laws and regulations and these Conditions and Contractual Terms. Customers are responsible for the use of the Services, as well as the use thereof made by third parties with their consent. Customers are to inform the Company immediately of any abnormal and/or unauthorized use of the Services. Customers are also responsible for the mobile devices used and more specifically for compatibility of these with the networks and services used.

5. Rates

The current applicable rates are published on the Internet at www.chatsim.com. All rates are subject to adjustments due to variations in foreign exchange rates. All rates may be varied at any time by the Company and the Customer is therefore entitled to withdraw according to Article 13 below. Customers grant their consent to receive via email electronic invoices related to the rates, taking care of their print on paper files.

6. ChatSim

 On delivery of the ChatSim Cards, customers are given two safety codes (PIN and PUK). Customers are responsible for the correct use of their ChatSim Cards, including by third parties. Customers must immediately notify the Company of lost, theft or tampering of the ChatSim Cards and, in such cases, the Company shall disable the ChatSim Cards and, where appropriate, replace it. The Company may replace the ChatSim Cards without incurring any obligation to indemnify if replacement is required by authorities or becomes necessary for technical or corporate reasons. The Services provided through the use of the ChatSim Cards are active against the payment of the fixed cost of activation and the applicable monthly or annual fee, without prejudice to the right of the Company to immediately disable the ChatSim Cards in the event of non-payment. Should the annual or monthly plan rate not being renewed by the Customer for more than 12 consecutive months or should the ChatSim card not be active for more than 12 consecutive months, the Company is entitled to disable it. Customers may continue to use the Services up to the amount of purchased credit units or packets, in accordance with the selected rate plan and the terms of each service provided. If, for any reason whatsoever, Customers make use of the services beyond the amount of residual credit or packet available, the excess amount will be charged off the next charge card and without prejudice to the right of the Company  to obtain payment in full by Customers.

7. Personal, lawful and conforming use

Customers are obliged to make strictly personal use of the ChatSim Cards, acting properly and in good faith, in accordance with the terms and limitations of their Plan, refraining from gaining any advantage other than those resulting from normal use of the Services.
In compliance with current regulations, the Company reserves the right to slow down and/or suspend and/or deactivate the ChatSim Cards and/or other additional services provided, in the event of their misuse or beyond the reasonable limits of use for personal and travel purposes. By way of example, personal, lawful and conforming use of the annual rate for each ChatSim card is when the following parameters are met: a: when overall monthly or annual traffic has occurred at least between two different Zones (specified at www.chatsim.com); b: when our automated systems do not repeatedly record abnormal use or traffic other than that provided for by the payment of the annual rate. Breach and/or failure to comply with these Parameters shall entitle the Company to monitor traffic of the Customer’s ChatSim and to: (i) suspend and/or disable the ChatSim card and/or other additional services that may be delivered; (ii) limit the delivered data traffic and request early payment of a new annual or monthly rate to restore service.
Furthermore:

with respect to the ChatSim Unlimited Cards, in the event that the daily threshold of 10 MB or the monthly threshold of 25 MB is exceeded, the use of the services, data traffic and messaging may be slowed down up and/or limited to midnight of that given day or to midnight of the last day of that given month. Moreover, data traffic and messaging may be slowed down when an overall threshold of 75 MB is exceeded. The Company may request the early payment of a new annual or monthly plan to restore the initial conditions of the services.

Please note that in Countries belonging to Zones 4 and 5 as listed at www.chatsim.com 5 kB are calculated for each kB used, whereas 25 kB are calculated for each kB used in Countries belonging to Zone 6.

With respect to the ChatSim Internet + Chat Cards, the Company may suspend the Service and/or the ChatSim Internet + Chat Card in the following events: (i) the odd increase of the traffic volumes if confronted with previous traffic made; (ii) the increase of the traffic volumes related to the use of the chat applications two times in excess vis-a-vis the average traffic generated by all ChatSim Internet + Chat Cards in service; traffic volumes inconsistent to those insured through payment of the fees published on www.chatsim.com. In such cases, the Company might charge the traffic related to the use of the instant chat applications by deducting the same from the remaining fee due for the access to Internet.      

The Company is finally entitled to suspend and/or disable the ChatSim card at any moment if the Customer provides incomplete and/or incorrect data concerning his/her identity and in all cases in which the ID provided by the Customer to activate the ChatSim card is invalid and/or forged.