Article 1 General contract terms
1.1 These general contract terms govern the contractual relationship with the Customer, subject to the application of the provisions of the law.
1.2 Any modification to this Contract by virtue of any specific agreement with the Customer must be specifically approved in writing by DPTechnics.
1.3 These General Contract Terms are valid 12 months as of 22 April 2024 and shall be renewed tacitly for periods of equal duration.
Article 2 Definitions
Service Provider or SORACOM: the legal entity that provides the Services. All Services are provided by SORACOM CORPORATION, LTD, having its registered office at 16 Great Queen Street, Covent Garden, London, United Kingdom, WC2B 5AH, registered under company number 12311887.
SIM Card: the card with microprocessor or other technological solution that, identified by a serial number or other characterizing element and inserted in a Device, allows the use of Services.
Customer: natural or legal persons, whether public or private, who require the provision of Services for their business, professional and/or institutional activities and, where possible, for their personal use.
Device: approved apparatus that complies with applicable regulations in which it is possible to install the SIM Card to use the IoT and M2M Services and which sends and receives data and SMS traffic as a Network endpoint. Any apparatus with functions similar to that of a cell phone, smartphone, or tablet is not considered a Device, except as may be set out in the Price Plan, and any wireless device that is made capable of directly or indirectly processing traffic, or collecting, terminating, re-routing, or mediating calls on the Network.
Price Plan: the rates for the Services active on the SIM Card communicated to the public by any means of communication.
Network: public telephone network used by Soracom to provide IoT and M2M Services and consisting of an electronic communication network that enables data and SMS transmission between network endpoints.
International Roaming: function that allows the Customer to use the Services outside national borders, through the network of the operators that have signed specific agreements with the electronic communications operator from which DPTechnics purchases network traffic.
Services: the provision, through the use of the SIM Card, of automated data reception/transmission and SMS services for the exclusive use of IoT (“Internet of Things”) and M2M (“Machine to Machine”) applications on the Devices. Voice telephony services, data and SMS traffic are expressly excluded as they do not fall within the scope of IoT and M2M services, together with all the services that could expose the Customer to serious and/or death threatening risks.
DPTechnics BV.: the company providing the Services; it has its registered office in Westkapellestraat 396/44, 8300 Knokke-Heist, Belgium, VAT no. BE0682598007, which operates as a reseller of Soracom SIM cards and connectivity (hereinafter also “DPTechnics”).
3. Conclusion of Contract
3.1 For the purposes of buying the SIM Card(s) and connectivity, the Customer must provide, under their own responsibility, proof of their identity, domicile or residence and TIN (Tax Identification Number) as well as any other data or document that is required by applicable regulations. Attorneys, whether natural or legal persons, must provide proof of the relevant powers. DPTechnics has the right to verify the Customer’s identity during the contract conclusion phase and at any time during the term of the contract, by requesting, if necessary, additional documentation in accordance with current regulations and in any way deemed appropriate, including the acquisition of photographic material to verify the consistency of the identity documents provided to activate the SIM card.
3.2 This contract is concluded the moment that the SIM cards are shipped to the Customer.
3.3 DPTechnics reserves the right, at its sole discretion, not to proceed with the sale and or delivery of SIM Cards for commercial reasons, protection of the Network and/or systems and/or if the Customer:
(i) is not an adult or emancipated minor;
(ii) fails to provide adequate proof of their identity, domicile or residence or, where applicable, of their capacity as legal representative and/or agent of another party and of the relevant powers and/or fails to provide the documentation necessary for the conclusion of this contract;
(iii) is for any reason deprived, in whole or in part, temporarily or permanently, of their capacity;
(iv) has previously been in default of any kind with DPTechnics;
(v) is on the non-payers list;
(vi) is subject to bankruptcy proceedings;
(vii) does not meet the minimum reliability requirements set by DPTechnics at its sole discretion;
(viii) provides untrue personal data and/or other information;
3.4 DPTechnics reserves the right to make the delivery of the SIM Card(s) subject to specific payment methods and/or the issue of a suitable guarantee by the Customer. If the Customer is in default of obligations arising from another contractual relationship with DPTechnics, DPTechnics may make sale of the Service subject to prior fulfillment of those obligations.
3.5 The Customer is obliged to promptly notify DPTechnics of any changes to the information originally provided for SIM Card activation by communication to be sent to the following email address info@dptechnics.com and, in particular, any change in residence and/or domicile and/or registered office and/or other location for invoicing purposes. All communications sent by DPTechnics to the last postal and/or email addresses disclosed by the Customer shall be deemed known to the Customer.
4. SIM Card
4.1 The SIM Card is sold by DPTechnics to the Customer so that the Customer can use it exclusively to use the Services according to this contract and for its duration.
4.2 On delivery of each SIM Card, the Customer is given the safety codes (PIN and PUK).
4.3 The Customer is under an obligation to use the SIM Card(s) in accordance with the relevant technical terms and conditions of use indicated in the relevant section on the website https://www.soracom.io/terms/eu/ and in exclusive association with the Devices held and to use the Services lawfully, in good faith and fairness and in compliance with applicable laws and/or regulations.
4.4 The Customer must immediately notify DPTechnics of loss, theft of or tampering with their SIM Card(s). In such cases, DPTechnics shall deactivate them.
4.5 DPTechnics is entitled to deactivate the SIM Card(s) without incurring any obligation to indemnify if it is required by authorities or due to technical reasons that prevent continued provision of the Services.
5. Provision of Services
5.1 In order to ensure fair and non-discriminatory access for Customers to the Services and to preserve the integrity and the full functionality of the Network (avoiding, firstly, congestion), DPTechnics reserves the right to introduce temporary and non-discriminatory mechanism to limit use of available network resources in compliance with the principle of fair treatment.
5.2 The Customer acknowledges and accepts, with waiver of any claim, that:
(i) the Services may not have homogeneous geographical coverage and in any case may not cover all territories in the world;
(ii) the provision of the Services may be subject to variations, including significant ones, both temporary and permanent, depending on geographical, climate and/or technical factors;
(iii) the services may be interrupted or slowed down in cases where the SIM Card is exposed to weather conditions not suitable for its operation or installed in a device that does not meet the necessary technical requirements or lacks adequate protection systems;
(iv) DPTechnics may suspend the Services, in whole or in part, at any time and even without notice, if ordinary or extraordinary maintenance must be performed on its equipment and on the software and hardware for providing the Services;
(v) DPTechnics may suspend, discontinue and/or terminate the Services, in whole or in part, in cases of force majeure, such as, without limitation, events beyond its reasonable control, governmental and/or public administration regulations, acts of judicial and/or military authority, legal prohibitions, natural disasters, lightning, fire, explosions, mobilization, riots, war, epidemics and pandemics, strikes, shortages of raw materials, energy, and other similar events.
5.5 Although taking utmost care and implementing all possible safety measures in compliance with applicable regulations, DPTechnics cannot guarantee absolute protection of its Service Provider and Services against unauthorized access, intrusion, tapping or other attacks (including by hackers, wherever they may be) and is not therefore liable, should these occur.
5.6 DPTechnics reserves the right to suspend the Services should it detect unlawful or fraudulent activities by the Customer or by third parties or upon their reporting by the competent authorities.
5.7 DPTechnics may suspend, in whole or in part, the Services if abnormal use is detected, i.e., if there is an increase in traffic volume that is not reasonably in excess of previous traffic. In compliance with current regulations, DPTechnics reserves the right to slow down and/or suspend and/or deactivate the SIM Card(s) in case of abnormal use of the Services.
5.8 DPTechnics shall not be liable, in any capacity, with the Customer for any inefficiency and/or malfunction and/or interruption of Services due to causes not attributable to DPTechnics, including inefficiencies of wholesale operators from which the Service Provider purchases wholesale mobile data traffic.
6. Customer obligations
6.1 The Customer is under an obligation to use the Services in accordance with this Contract and applicable laws and regulations. In particular, the Customer is responsible for the use of the Services, as well as their use by third parties with the Customer’s consent, and must promptly inform DPTechnics of any abnormal and/or unauthorized use of the Services.
6.2 The Customer is responsible for the content of the information transmitted and/or processed using the Services. Therefore, DPTechnics is not liable for the content of messages, documents or any data transmitted or received using the Services.
6.3 The Customer is required to use the Services in good faith and fairness, in accordance with this Contract, refraining from gaining advantages other than those related to routine use of the Services. More specifically, the Services must not be used to commit prosecutable criminal actions and/or to directly/indirectly infringe the rights of other users and/or third parties.
6.4 The Customer is under an obligation to use the Services exclusively with the Devices, any use through other means and/or instruments being excluded, such as, by way of example, GSM modems, GSM boxes, GSM gateways and other similar or analogous equipment capable of transforming, directly or indirectly, the data traffic for the execution of the Services, as well as using the SIM Card(s) to resell the data traffic to third parties.
6.5 DPTechnics may definitively cease or suspend without notice and compensation use of the SIM Card(s) where there is evidence of misuse of the Services by the Customer.
7.Limitation of liability and indemnities
7.1 The liability of DPTechnics in case of damages caused by conduct attributable to it is limited within the maximum cumulative limit of € 2500 (two thousand five hundred) regardless of the number of SIM Cards held by the Customer.
7.2 DPTechnics is not liable in any way whatsoever for damage caused by negligence and/or for indirect and/or consequential damage and loss of earnings by the Customer.
8. Price Plans and Invoicing
8.1 The Services are provided solely on a prepaid basis and are available for both private and business users. The prices are available and constantly updated on the website shop.dptechnics.com.
8.2 Any granting by DPTechnics of promotional economic terms (including free credit) is limited to the specific circumstances for which these were granted and therefore shall not constitute precedent or contractual use in favor of the Customer. Any remaining free credit is not refundable to the Customer in case of termination of this Contract for any reason.
9. Personal Data Protection
9.1 The personal data provided by the Customer for the activation of the Services and/or acquired during the contractual relationship will be processed by DPTechnics as controller for the sole purpose related to the provision of Services.
9.2 The collection and processing of personal data will be carried out in such a way as to guarantee their security and confidentiality and in compliance with the provisions of Regulation (EU) 2016/679 (General Data Protection Regulation) and other applicable laws and regulations.
10. Customer Service – Complaints
In order to receive assistance and lodge complaints in accordance with the regulations in force, the Customer may contact the DPTechnics customer service at the e-mail address info@dptechnics.com.
11. Assignment of Contract
11.1 DPTechnics is entitled to transfer this Contract, ensuring the fulfillment of the related obligations by the transferee, and without prejudice to the rights of the Customer.
11.2 Customers are entitled to transfer the rights and obligations under this Contract to third parties only after obtaining written approval by DPTechnics.
12. Termination by the Customer
12.1 The Customer has the right to withdraw freely and free of charge from this Contract by sending a registered letter with return receipt to the DPTechnics, Westkapellestraat 396/44, 8300 Knokke-Heist (Belgium) or to the e-mail address info@dptechnics.com, except for the payment of amounts due at the time of withdrawal.
12.2 The notice of withdrawal by registered letter with return receipt or email as indicated in paragraph 12.1 above must be accompanied by a photocopy of the Customer’s ID document.
12.3 Termination shall take effect 30 (thirty) days after the date of receipt by DPTechnics of the Customer’s notice.
12.4 In the event of changes to this Contract, the Customer may withdraw from these according to the terms above and before the date the changes take effect. It is understood that termination shall take effect as from the effective date of the changes if the termination notice is received by DPTechnics before the above date.
12.5 If at the time of withdrawal, the Customer still has remaining credit associated with the SIM Card(s) in their possession, the amount will be forfeited and will not be eligible for refund.
13. Withdrawal and Termination by DPTechnics
13.1 DPTechnics may terminate these Contract Terms and Conditions by written notice of 60 (sixty) days from the date of termination, subject to the application of paragraph 12.5 above.
13.2 Without prejudice to compensation for damages suffered, DPTechnics has the right to terminate this Contract with immediate effect, in cases of blocking of the Customer’s credit card or in cases where the Customer is not directly or indirectly traceable to the legal entity that has entered into this Contract, giving notice by email to the Customer’s e-mail address.
14. Out-of-court settlement of disputes
Any disputes between DPTechnics and the Customer regarding the provision of the Services and these Terms and Conditions shall be settled in accordance with the Belgian law.
16. Governing law
This Contract is governed by Belgian law.
17. Contractual changes
DPTechnics reserves the right to modify at any time these Terms and Conditions, communicating any contractual changes at least 30 (thirty) days before these take effect. It is understood that the Customer may withdraw therefrom according to paragraph 12.4 above.