Last updated: October 17, 2024
GENERAL TERMS AND CONDITIONS
1. EFFECT OF GENERAL TERMS AND CONDITIONS
The Terms and Conditions (referred to as the “Terms and Conditions” or these “Terms”) constitute a legally binding agreement between you (“Customer” or “you”) and AirGSM Holdings, Inc. and its affiliated entities (collectively, “eSIMPlus”) and govern the use of the products, services, mobile applications (referred to as the “Applications”), and websites (referred to as the “Site” and together with the preceding terms, collectively, the “Services”). The following Terms and Conditions are provided on the website https://www.eSIMPlus.com . eSIMPlus may only accept the terms in the event of an express written agreement. This section defines the different categories of individuals and organizations that interact with eSIMPlus’s services, platforms, and applications. Understanding these roles is essential to interpreting the rights, obligations, and conditions described in these Terms and Conditions.
End Users: Individuals who use and interact directly with the Service through their eSIMPlus account for personal use.
Business Users: eSIMPlus provides services to organizations (“Business Users”) who directly and indirectly provide End Customers’ personal information to us, in connection with such Business Users’ own business operations.
End Customers: Individuals who receive services ordered by other eSIMPlus account holders, for example, when you do business with, or transact with, a Business User.
Job Seekers: Individuals who submit a job application to eSIMPlus.
The term “Customer” as used throughout this document shall refer to any individual or entity using eSIMPlus’s services, including End Users, Business Users, and End Customers, as appropriate based on the context of use. This broad definition ensures that our Terms encompass all interactions with our services, providing a clear and comprehensive understanding of the rights and responsibilities of all parties involved.
CUSTOMER ACKNOWLEDGES AND AGREES THAT, BY CLICKING THE “I AGREE” BUTTON OR SIMILAR, REGISTERING AN ACCOUNT, DOWNLOADING THE APPLICATION OR ANY APPLICATION UPGRADE, USING THE APPLICATION ON THE CUSTOMER’S MOBILE DEVICE, OR OTHERWISE ACCESSING OR USING THE SERVICES, CUSTOMER REPRESENTS THAT THEY HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS OF SERVICE, REGARDLESS OF WHETHER CUSTOMER REGISTERS WITH THE SITE OR APPLICATION. IF CUSTOMER DOES NOT AGREE TO THESE TERMS OF SERVICE, CUSTOMER IS NOT AUTHORIZED TO ACCESS OR USE THE SERVICES. These Terms of Service are effective as of the date Customer first clicks “I agree” (or similar button or checkbox) or uses or accesses the Services, whichever is earlier. If Customer accepts or agrees to these Terms of Service on behalf of an employer or other legal entity, Customer represents and warrants that (i) Customer has full legal authority to bind such employer or entity to these Terms of Service; (ii) Customer has read and understood these Terms of Service; and (iii) Customer agrees to these Terms of Service on behalf of the party that Customer represents. In such case, “Customer” shall apply to and refer to Customer’s employer or other legal entity.
Any personal data that Customer submits to eSIMPlus or that eSIMPlus collects about Customer is governed by eSIMPlus’s Privacy Policy (“Privacy Policy”), available at https://www.eSIMPlus.com/more-info/privacy-policy. Customer acknowledges that by using the Services, Customer has carefully reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are collectively referred to as this “Agreement.”
NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN CUSTOMER AND eSIMPlus ARE RESOLVED. IT INCLUDES A FINAL ARBITRATION AND CLASS ACTION WAIVER PROVISION (SECTION 20). PLEASE READ IT CAREFULLY AS IT AFFECTS CUSTOMER’S LEGAL RIGHTS, INCLUDING, IF ANY, CUSTOMER’S RIGHT TO OPT OUT OF ARBITRATION.
2. SERVICE DESCRIPTION
2.1. USE OF THE SERVICES
eSIMPlus is a global eSIM store that makes international connectivity easier through eSIM technology. eSIMPlus offers travelers data, voice, and text plans in multiple countries, eliminating the need for physical SIM cards. eSIMPlus’s services include offering a wide range of eSIM data, voice, and text plans from around the world, which can be purchased and used instantly on any eSIM-compatible device, allowing for seamless connectivity.
Customer must register with eSIMPlus and create an account to use the Services (an “Account”) and in doing so, Customer will be required to provide certain information, including but not limited to Customer’s name, full address, telephone number, and email address. By using the Services, Customer agrees to provide accurate, current, and complete information as required by the registration process and to maintain and promptly update Account information to keep it accurate, current, and complete. Customer is the sole authorized user of Customer’s Account. Customer is responsible for maintaining the confidentiality of any logins, passwords, and account numbers provided by Customer or provided by eSIMPlus to Customer for access to the Services. Customer is solely and fully responsible for all activities that occur under Customer’s password or Account, even if not authorized by Customer. eSIMPlus does not control any user’s use of the Account and disclaims all liability arising therefrom. If Customer suspects that any unauthorized party may be using Customer’s password or account or Customer suspects any other breach of security, Customer agrees to contact eSIMPlus immediately.
The person registering for the Service shall be the contracting party (“Account Holder”) for the purposes of these Terms of Service and shall be the authorized user of any respective account that eSIMPlus provides to the Account Holder in connection with the Service; however, if the Customer registers for the Service on behalf of the Customer’s employer, the Customer’s employer shall be the Account Holder. As the Account Holder, the Customer is solely responsible for compliance with these Terms of Service and the Customer shall be the sole beneficiary of all benefits arising therefrom. The Customer’s Account is not transferable to any other person or account. The Customer shall immediately notify eSIMPlus of any unauthorized use of the Customer’s password or credentials or any breach or suspected breach of eSIMPlus’s security or the security of the Customer Account.
2.2. REGISTER TO USE eSIMPlus SERVICES
All customers, including End Users, Business Users, End Customers, and Job Candidates as defined in Section 1, must accept the General Terms and Conditions in order to use eSIMPlus 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 are required for interactions and transactions directly on the eSIMPlus website ( https://www.eSIMPlus.com ) or through the eSIMPlus App.
For Business Users: Additional information is necessary to meet the specific needs of the business. This information includes Company Name, Company Address, email addresses of Business Users, Company Website, Region, Industry, Phone Number, relevant contacts, and other relevant information. This information will help customize our services to better meet the operational requirements and provide services to End Customers.
For End Customers: When services are booked by another eSIMPlus account holder, such as a Business User, the information required to carry out this transaction will be processed by the initiating party. The Business User is responsible for ensuring that the End Customer’s personal information is collected in accordance with applicable data protection regulations.
In cases where eSIMPlus services are provided through intermediaries (e.g. hotels or travel agencies), such intermediaries may provide the necessary registration information on behalf of the Customer.
In order to adapt to changing service requirements and enhance the user experience, eSIMPlus reserves the right to collect additional information from all customer categories as necessary. The collection of such additional information will be conducted in a privacy-respecting and data protection-compliant manner, without further modification to these Terms and Conditions. Customers will be notified accordingly of the collection of any such additional information through our standard communication channels.
2.3. eSIMPlus‘S COMMITMENT
eSIMPlus will make reasonable efforts to provide high quality services to Customers. However, eSIMPlus does not guarantee that the service will be uninterrupted, timely, secure or error-free.
2.4. CUSTOMER COMMITMENT
Through the use of the Equipment or Services provided by eSIMPlus, Customer shall not engage in any action that: is abusive, illegal, or fraudulent; or causes the Network to be impaired or damaged. When Customer breaches its obligations under Section 2.4, eSIMPlus may suspend Customer’s right to use the Services. During any period of suspension, Customer shall continue to pay all Charges due under this Agreement in connection with the suspended Services.
2.5. DEVICE COMPATIBILITY
It is the Customer’s responsibility to ensure that their device is eSIM compatible and network unlocked. Device compatibility may vary by carrier and country of origin; the Customer must check the list of eSIM compatible devices provided at checkout. By ticking the box confirming that the Customer’s device is eSIM compatible, the Customer will be responsible for the accuracy of the information they provide.
The eSIM compatibility list is not comprehensive, meaning that newly announced eSIM compatible devices may need to be added.
3. COMMENCEMENT, TERM, AND TERMINATION OF AGREEMENT
The service contract between eSIMPlus and the Customer will begin upon completion of an order on the eSIMPlus website ( https://www.eSIMPlus.com , including any subdomains associated with eSIMPlus), through the eSIMPlus application, through our APIs, on the Partner Platform, or through any other product offered by eSIMPlus that allows customers to place orders.
It is the customer’s responsibility to activate the eSIM and confirm the Activation Policy.
The contract will be terminated for End Users if they do not have an active data plan or if the eSIM is removed from the target device. However, for Business Users, the termination of the contract depends on the terms of any specific agreement entered into between the Business User and eSIMPlus, or their active status on the Partner Platform. For Business Users with such agreements or active participation on the platform, the contract will remain in effect even if there is no active data plan or if an eSIM is removed from a device, reflecting the ongoing relationship and commitment between eSIMPlus and the Business User.
4. COSTS AND PAYMENT
Payments and any other charges must be paid through a third party payment processing system (“PSP system”) as specified on the Service. The Customer may be required to register with the PSP, agree to the PSP’s terms of service, provide payment details to the PSP and go through a verification process to set up an account with the PSP (“PSP Service Agreement”). By accepting these Terms of Service, the Customer agrees that they have downloaded or printed, reviewed and agreed to the PSP Terms of Service. Please note that eSIMPlus is not a party to the PSP Terms of Service and that the Customer, the PSP and any other parties listed in the PSP Terms of Service are parties to the PSP Terms of Service and that eSIMPlus has no obligation, liability or responsibility to any user or other party under the PSP Terms of Service.
All prices and fees displayed on the Service are exclusive of sales, goods and services taxes or other taxes, fees or charges now in effect or to be enacted in the future (“Taxes”) unless otherwise stated. Any applicable taxes will be based on the rates applicable to the billing address you provide to us, and will be calculated at the time the transaction is charged to your Account.
4.1. PAYMENT TERMS
eSIMPlus offers a variety of payment methods for their services, including but not limited to Credit/Debit Cards, PayPal, Google Pay, Apple Pay, and Alipay.
The payment currency is US Dollars ($), and other currencies can also be used, with the payment currency specified in the transaction.
Credit card transactions will be processed and secured by eSIMPlus approved payment service providers, including but not limited to PayPal ( https://paypal.com ) and Stripe ( https://stripe.com ), and additional providers selected by eSIMPlus for each transaction.
4.2 Automatic Renewal for End Users
In addition to existing payment options, eSIMPlus also provides continuous access to our services without manual renewal. This model is intended to ensure uninterrupted service and convenience for the End User.
Auto-Pay: Under this model, renewal fees will be automatically charged to the End User’s preferred payment method when their data usage falls below a certain threshold at the beginning of each billing cycle.
Cancellation Policy: End users may cancel their renewal at any time. Cancellations will take effect at the end of the current billing cycle, allowing users to continue accessing the service until the cycle ends. To cancel, users can manage their settings directly in their eSIMPlus account, or contact our support team for assistance.
4.3. Invoicing
eSIMPlus implements a systematic approach to billing Business Users for the use of eSIMPlus Credits, which are used to purchase eSIMs, top-ups, and other eSIMPlus products and services via the Partner Platform. This process is designed to ensure transparency and accountability in the financial transaction between eSIMPlus and Business Users.
Issue invoices: eSIMPlus issues invoices to Business Users, detailing the amount of eSIMPlus Credit used to purchase eSIMs and top up plans during a specific billing period. These invoices provide a detailed breakdown of the costs incurred, allowing Business Users to track and manage their expenses effectively.
Payment Obligations: Upon receipt of an invoice, Customers are required to meet their payment obligations within the deadlines stated on the invoice. Business Users are required to adhere to these timeframes to ensure uninterrupted access to eSIMPlus services and maintain good standing within the eSIMPlus Partner Platform.
Consequences of late payment:
Service Suspension: In the event that a Business User fails to pay an invoice within the specified timeframe, eSIMPlus reserves the right to temporarily suspend the provision of services until full payment has been received. This measure is taken to ensure the sustainability of our services and the fairness of the payment system.
Interest and Damages: In addition, eSIMPlus may impose interest on overdue amounts at rates specified in the invoice or as permitted by law. Business Users may also be liable for any additional damages or costs incurred by eSIMPlus as a result of late payment. This includes, but is not limited to, administrative and legal costs associated with debt collection.
Invoices are primarily issued in USD. However, eSIMPlus reserves the right to issue invoices in other currencies if deemed necessary or upon mutual agreement with the Business User.
eSIMPlus emphasizes the importance of timely payments to maintain a healthy business relationship and to continue providing services. We encourage Business Users to promptly contact our support team in case of invoice discrepancies or payment difficulties to find a mutually satisfactory solution.
4.4. Prepaid Transactions for Business Users
Business users engage in a separate transaction process on the eSIMPlus platform, which revolves around purchasing eSIMPlus Credits. These credits are the platform currency, allowing Business users to purchase eSIMs and top up services according to their operational needs. Business users can also choose to use credit or debit cards to make purchases on the Partner Platform.
Purchasing eSIMPlus Credits: The first step for Business Users is to purchase eSIMPlus Credits. The process is designed to be simple and flexible, offering a variety of payment methods to meet a variety of business requirements. These include, but are not limited to, credit/debit cards, bank transfers, and electronic payment solutions, ensuring a wide variety of options to meet the varying financial preferences of our business client base.
Using eSIMPlus Credits: Once eSIMPlus Credits are added to their account, Business Users can seamlessly use these credits to purchase eSIMs, top-ups, and other eSIMPlus products and services. By operating a credit-based system, Business Users can plan and allocate their spending on telecommunications services according to their specific business cycles and needs.
For more details on purchasing and using eSIMPlus Credits, or to explore the payment method that best suits your business, we encourage Business Users to visit the eSIMPlus Partner Platform or contact our dedicated support team.
4.5. Postpaid Transactions for Business Users
Postpaid transactions are a flexible payment model tailored for Business Users, offering the convenience of receiving an eSIM and topping up plans before making a payment. This approach suits the needs of businesses looking for operational flexibility and efficiency in managing their connectivity solutions.
A postpaid transaction for Business Users allows for the receipt of eSIMs, top-ups, and other eSIMPlus products and services, with payment obligations occurring at a later date. The specific details of this payment arrangement, including payment deadlines and terms, are clearly stated in the invoice provided by eSIMPlus. This method promotes immediate access to the required services, while ensuring flexible payment.
Credit Line System: To support this model, eSIMPlus may implement a credit line system. This system allows Business Users to use credit to purchase eSIMs, top-ups, and other eSIMPlus products and services up to a pre-determined amount. The establishment of the credit line may be at eSIMPlus’s sole discretion, or through negotiation with the Business User, depending on the terms of the agreement. This feature is designed to provide businesses with an easy-to-manage and scalable way to meet their connectivity needs without requiring immediate financial outlay.
Eligibility Criteria: Please note that not all Business Users will automatically qualify for the post-pay payment options. eSIMPlus reserves the right to select eligible customers based on various criteria, ensuring that this payment model is consistent with the business practices and risk management policies of both parties. Eligibility criteria may include, but are not limited to, the Business User’s transaction history, creditworthiness, and history of doing business with eSIMPlus.
By offering postpaid transactions, eSIMPlus wants to provide a higher level of flexibility and trust to our Business Users, allowing them to prioritize their operational requirements, while managing payments in a way that fits their financial workflow.
5. DELIVERY
The end user will see the purchased eSIM in the “My eSIM” tab on the eSIMPlus website ( https://www.eSIMPlus.com ) and/or eSIMPlus app. The customer will receive a confirmation email after purchase. Any information to set up the eSIM will only be available on the user’s eSIMPlus account.
Business users will see their eSIMs displayed in the Partner Platform, facilitating eSIM management and deployment along with top-up packages, customized to their unique business requirements.
Recognizing the diverse needs of our Customers, eSIMPlus delivers our products and services through a variety of methods, depending on the integration chosen and the specific products and services applied.