Terms of Use
The terms that govern use of this website and, where they are incorporated into a signed partner agreement, the wholesale eSIM and SIM services we provide. They are written to be read by a business partner, not by a consumer.
These terms of use are a template draft prepared for this website. They have not been reviewed by a lawyer and they are not legal advice. They must be reviewed and settled by qualified legal counsel before they are published or incorporated into any agreement.
The following placeholders must be completed: [Legal entity name], [Registered address], [Company registration number], the quotation validity and minimum order terms, the agreed service-level response times, the liability cap, and the governing-law, arbitration and jurisdiction clauses. The liability clause in particular is marked [subject to legal review] and must not be relied on as drafted.
Counsel should also confirm that these terms are consistent with the signed partner agreement used in practice, and with the mandatory law of each territory into which the partner sells.
Document control
1. About these terms
These terms of use govern two things. First, your use of this website, which is operated by [Legal entity name], a company registered in Hong Kong SAR under registration number [Company registration number], with its registered address at [Registered address] ("Global eSIM", "we", "us", "our"). Second, where these terms are expressly incorporated into a signed agreement, the wholesale eSIM and SIM services we provide to you.
By using this website you accept these terms. If you do not accept them, please do not use the site. If you are using the site on behalf of a company, you confirm that you have authority to accept these terms for that company.
We sell on negotiated contracts. Where a signed partner agreement, order form or data processing agreement between us and your organisation conflicts with these terms, the signed agreement prevails to the extent of the conflict. These terms fill the gaps that the signed agreement does not cover, and they govern your use of this website in any event.
Nothing on this website is itself a signed agreement, and no page, rate table or generated summary on this site creates one.
2. Who may use the site
This site is intended for business users: travel agencies, online travel agents, airlines, insurers, loyalty programmes, corporate travel departments, MVNOs, carriers and distributors. It is not directed at consumers, and it is not designed or priced for consumer purchases. We do not sell to consumers through this website, and nothing on this site should be read as a consumer offer.
You must be at least 18 years old and acting in a professional capacity to open a partner account or place an order. We may decline to open an account, or suspend one, where we cannot complete the verification checks described in our onboarding process, including company registration and a named responsible contact for SIM registration purposes.
3. Website content, rates and accuracy
All rates, coverage listings, tier pricing, lead times and other commercial figures shown on this website are indicative, are published for orientation only, and do not constitute an offer, a quotation or a contractual commitment on our part. This includes the regional rate cards, the coverage tables, the technology tiers, the order builder and any summary it generates.
A binding quotation is issued only after we have confirmed network availability and volume pricing for your specific destinations and volumes, and is valid for the period stated in it. Until then, nothing on this website may be relied upon as a price, a delivery date or a promise of availability.
We give 30 days' written notice before any change to a published cost, rate or offer takes effect, including for partners already live on an agreed rate card.
We work to keep the site accurate and current. Coverage, rates and product details do change, sometimes at short notice, because they depend on third parties. Where the site is wrong or out of date, the confirmed quotation and the signed agreement govern, and neither this website nor any summary downloaded from it creates a right to a particular price.
4. Coverage and service availability
Coverage is delivered through third-party mobile network operators. We do not own radio spectrum or operate our own radio access network, and we cannot control an operator's network. The following points follow from that and are not disclaimers for their own sake — they describe how the service genuinely behaves.
- Coverage depends on third-party network operators in each destination, and can change when an operator changes its wholesale terms, its technology or its roaming arrangements.
- Technology tiers (3G, 4G and 5G) and speeds vary by market and are not guaranteed. The technology shown for a country is the highest generally available on the networks we use; the actual technology your end user attaches to depends on the handset, the band support, the location and network load. We do not guarantee any particular speed, latency or throughput.
- Service may be interrupted by scheduled maintenance, network faults, capacity constraints, or events outside our reasonable control, including outages affecting an operator, a provisioning provider or our cloud infrastructure.
- Permanent-roaming and fair-use restrictions apply in some markets. Regulators and operators in a number of countries restrict permanent roaming or impose fair-use monitoring. Examples include Turkey, Brazil, India and China, and the EU fair-use monitoring window that applies to roam-like-at-home arrangements. Where these restrictions apply, a profile may be suspended, throttled or required to re-register after a period of continuous use, and we will tell you which destinations are affected before you sell there.
We will give you as much warning as we reasonably can when a change to coverage or availability affects a destination you are selling, and we will confirm the affected SKUs so that you can adjust your own offer.
5. Orders and quotations
An order becomes binding on us only when we confirm it in writing — by order confirmation, by countersigned order form, or by provisioning the first profile under it. A submission through the order builder on this website is a request for a quotation, not an accepted order, and the summary it produces is indicative.
- Quotation validity. Unless a quotation states otherwise, an indicative quotation is held for 30 days from issue. After that period rates must be re-confirmed with the network operators before we can accept an order against it. The validity period is stated on each quotation.
- Minimum order quantities. Minimum order quantities apply per order and per SKU, and are stated in your quotation. Physical SIM orders carry quantity tiers; eSIM orders are provisioned on demand with no inventory commitment.
- Partner deposit. A partner deposit is payable on onboarding and is credited against your first orders. The deposit amount and the terms on which it is applied, held and returned are set out in your partner agreement and order confirmation.
- Pilot terms. Where a pilot is agreed, its scope, duration, volumes and pricing are set out in the pilot order. Pilot pricing applies to the pilot only, does not set a production price, and does not create any exclusivity or volume commitment on either side. Test credit issued for integration is not refundable in cash and expires as stated in the pilot order.
6. Pricing, payment and settlement
Prices are quoted in HKD or USD, as stated in your quotation, and are settled by bank transfer unless your partner agreement provides otherwise. Prices are exclusive of any taxes, duties or withholdings that apply in your jurisdiction, which are your responsibility except for taxes on our own income.
During the initial grace period, the account operates on a pay-as-you-go basis: usage is settled against the credit or deposit on the account, and further provisioning may be suspended if the balance is exhausted. Once the account is established, we invoice on the agreed invoicing cycle — monthly unless your partner agreement says otherwise — with payment due within the period stated on the invoice.
Where a volume tier applies, tier pricing takes effect once the tier threshold is actually met within the measurement period defined in your agreement. It is not applied retroactively to earlier orders unless the agreement expressly says so, and it is not applied on the basis of forecast or projected volume.
7. White label and intellectual property
Where we provide a white-label service, the split of rights is as follows, and it is deliberately simple.
- Your brand assets remain yours. Your name, logo, trade marks, artwork, packaging design, copy and greeting messages remain your property, and we claim no rights in them beyond the licence described below.
- The platform, API, documentation and rate cards remain ours. The provisioning platform, the API and its specifications, the integration documentation, the rate cards, the network supply arrangements and all related software remain our property or that of our licensors, together with all intellectual property in them. Nothing in these terms transfers any of it to you.
- You grant us a licence to use your marks solely to deliver the service. That licence is non-exclusive, royalty-free and limited to reproducing your brand assets on profiles, packaging, vouchers, hosted pages and communications as necessary to provide the white-label service to you. It ends when the service ends, except for material already produced or shipped. We will not use your marks for our own marketing without your separate written consent.
You confirm that you have the right to use any brand assets you send us, and that they do not infringe anyone else's rights. We confirm that we have the right to supply the platform and the connectivity, and that we will not knowingly supply material that infringes yours.
8. Acceptable use
You agree not to use the website or the service in any of the following ways.
- For any unlawful purpose, or in breach of any applicable law or regulation in any territory in which you sell or operate.
- To resell outside the territory or channel agreed in your partner agreement, without our prior written consent.
- To attempt to circumvent provisioning controls — including attempting to extract, clone, reuse, duplicate or bulk-generate profiles, interfering with ICCID allocation or usage metering, or attempting to activate profiles outside the agreed commercial terms.
- In any way that breaches the terms of a network operator or provisioning provider, or that causes us to be in breach of ours.
- To send unlawful, deceptive, harassing or fraudulent traffic, or to use the service for spam, unauthorised access, denial-of-service activity, or any other abuse of a network.
- To misrepresent the service to end users — for example by presenting indicative website rates as guaranteed, or by omitting the fair-use and permanent-roaming restrictions described in section 4.
We may suspend provisioning immediately, and without notice where the circumstances require it, if we reasonably believe the service is being used in breach of this section, or if an operator requires us to act. We will tell you why as soon as we are able to.
9. SIM registration and compliance
More than 155 countries operate mandatory SIM-registration regimes. Data-only travel profiles generally carry no local number and often fall outside those regimes, but that is not true everywhere, and it is not our risk to carry alone.
As the partner facing the end user, you are responsible for:
- obtaining and providing to us any identity information required by local SIM-registration law in the territories into which you sell, in the form and to the standard that the destination market requires, and doing so lawfully;
- making your own consumer-facing disclosures — telling your end users what data you collect, why, who it is shared with, including the network operator or regulator in the destination, and how long it is kept;
- obtaining any consent or authorisation your own customers' law requires before you pass their data to us or to an operator, and answering your customers' questions about that data; and
- your own compliance with consumer, marketing, telecoms and data protection law in each territory you sell into, including any local licensing or registration requirement that applies to you.
We will tell you which of your destinations require registration, what has to be collected, and how it has to be passed to us, and we will pass it to the operator or regulator as required. We may have to suspend a profile where a registration obligation is not met, because in those markets the operator will do so in any event.
10. Refunds, returns and unused eSIM profiles
Refund handling follows the state of the profile, because our cost with the network operator follows the same line.
- Unused eSIM profiles. An unused profile can be cancelled and credited to your partner account balance before activation. Until a profile is activated, no data cost has been incurred with the operator, so it is returned to your balance rather than lost. Requests should identify the ICCIDs or the order reference.
- Activated profiles. Once a profile has been activated, refunds are assessed case by case, because the data cost has already been incurred with the network operator and, in many cases, cannot be recovered from them. We look at what was actually consumed, what the operator will credit, and whether the failure was on our side — for example a provisioning or activation fault, which we will make good.
- Refunds to end customers. Where an end customer is to be refunded, the refund is returned through the original payment method where the payment provider supports it. Where it does not, we will agree an alternative with you in writing.
- Physical stock. Physical SIM cards that are unsold and unopened may be returned with our prior authorisation. We will authorise the return and issue a collection address, and we credit your account once the goods arrive and are confirmed to be in resalable condition. Cards that have been activated, defaced or opened cannot be credited. Return shipping is arranged as agreed in the partner agreement.
11. Service levels and support
We provide support during business hours, Hong Kong time (UTC+8), through the channel agreed with your named contact. In addition, we maintain an out-of-hours route for activation incidents — a profile that will not install or will not attach is the one problem that cannot sensibly wait until the next morning, and it is routed to an on-call engineer.
An agreed response time and a named contact on each side are recorded in your partner agreement. Response time means the time to acknowledge and begin work, not the time to resolve; resolution depends on the operator and on the nature of the fault. As set out in section 4, we do not warrant uninterrupted or error-free service, and no availability percentage is promised on this website.
12. Liability
This clause is a placeholder for a reasonable limitation of liability and must be settled by counsel before publication or incorporation into any agreement. The structure below is the intended commercial position; the wording is not final.
Nothing in these terms excludes or limits either party's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. That carve-out applies notwithstanding anything else in this section.
Subject to that carve-out, and to the extent permitted by law: neither party is liable for indirect or consequential loss, for loss of profit, revenue, anticipated savings, goodwill or business opportunity, or for loss or corruption of data, however arising. Each party's total aggregate liability arising out of or in connection with the agreement — whether in contract, tort, negligence, breach of statutory duty or otherwise — is limited to [the total fees paid or payable by the partner to us in the [twelve] months preceding the event giving rise to the claim], with the cap and the measurement period to be confirmed in the signed agreement.
We are not liable for failures caused by a third-party network operator, a provisioning provider, a payment provider or an event outside our reasonable control, nor for the acts, omissions or compliance failures of the partner under section 9. The liability cap is [subject to legal review] and must be confirmed as commercially appropriate for the volumes and the markets in which the partner sells.
13. Term, suspension and termination
The agreement runs for the term set out in the signed partner agreement and continues until terminated. Unless the signed agreement provides otherwise, either party may terminate for convenience on 30 days' written notice, and either party may terminate immediately by written notice for a material breach that is not remedied within a reasonable period after written notice of it, or on insolvency or equivalent events affecting the other party.
We may suspend provisioning, in whole or in part, where an invoice remains unpaid after its due date, where we reasonably believe there is a breach of section 8 or section 9, where a network operator or a regulator requires it, or where suspension is necessary to protect the service or other partners. Where practicable we will give notice and a reasonable opportunity to remedy before suspending, and we will restore the service once the reason for suspension is resolved.
On termination, unused credit on the account is dealt with as set out in the partner agreement, outstanding invoices become due, active profiles stop at the end of the notice or service period, and end-user data held by us as a processor is deleted or returned in line with the data processing agreement, subject to any retention required by law or by an operator's record-keeping rules.
14. Governing law and jurisdiction
These terms and any dispute or claim arising out of or in connection with them, their subject matter or their formation are governed by the laws of the Hong Kong Special Administrative Region.
The parties submit to the [exclusive / non-exclusive] jurisdiction of the [courts of the Hong Kong Special Administrative Region]. Alternatively, counsel may prefer dispute resolution by arbitration in Hong Kong under the [HKIAC Administered Arbitration Rules], seated in Hong Kong, in [English], before [one / three] arbitrator(s). The choice between litigation and arbitration, the seat, the language and the number of arbitrators are [to be confirmed by counsel] and must match the dispute resolution clause in the signed partner agreement.
15. Changes to these terms
We may update these terms by publishing a revised version on this page and updating the version and date in the document control block above. Where a change is material and affects an existing partner, we will give the notice required by the signed agreement, and no less than 30 days' written notice. Changes do not apply retrospectively to orders already confirmed. Continued use of the website after publication constitutes acceptance of the revised website terms; the signed agreement governs the services.
Last updated: [Date] — Version: 0.1 (draft for legal review)
16. Contact
Questions about these terms, requests for a signed partner agreement or a data processing agreement, and notices under these terms should be sent to commercialisation.ai@gmail.com. For urgent operational matters, WhatsApp is monitored during business hours: +852 9739 8018. Our business hours are , Hong Kong time (UTC+8).
Formal notices should be addressed to [Legal entity name], [Registered address]. Complete this and confirm the notice provisions before publication.