1.1 – The purpose of the present contract is the supply to the Customer by BNESIM Limited, with registered office in NO. 5, 17/F Bonham Trade Centre 50 Bonham Strand, Sheung Wan, Hong Kong hereinafter called “BNESIM Limited”, of various messaging and telecommunications services, including services for receiving and sending faxes by e-mail, services for receiving and sending SMS text messages, voice telephone services here in after called BNESIM.
Terms & Conditions
MESSAGING AND TELECOMMUNICATIONS SERVICES
ART. 1 – PURPOSE OF THE CONTRACT
1.2 – BNESIM offered by BNESIM Limited will be sold online on the website www.bnesim.com or with specific cards sold in the BNESIM Limited’s distributions channels.
1.3 – Before using any service offered by BNESIM, the user must register on the website activate.bnesim.com
ART. 2 – DURATION OF THE CONTRACT AND WITHDRAWAL RIGHT
2.1 – The present contract starts from the activation date of at least one service.
2.2 – For services requiring the payment of a fee, the duration of the contract coincides with the period of validity of the fee. The contract can be automatically renewed for the period of validity of the fee if expressly request by the customer.
2.3 – For pay-as-you-go services, the duration of the contract coincides with the expiry of the credit.
2.4 – Free services have no expiry date and can be cancelled by users or by BNESIM Limited at any time, without payment of any fee.
2.5 – For paid services,BNESIM Limited may at its discretion, withdraw in advance from the contract and/or from all services at any time, with an advance warning of at least 7 days, reimbursing the customer for any parts of fees that were paid in advance for periods that have not yet elapsed, and any unused credit, without anything else being due to the customer from BNESIM Limited. The advance notice will not be required in the event of a withdrawal for a just cause, which may include but not be limited to traffic that is judged at the sole discretion of BNESIM Limited to be abnormal or too high, or in the event of suspected fraud.
2.6 For paid services, the Customer can withdraw in advance from the contract and/or from all services at any time, with an advance notice of 7 days, by paying BNESIM Limited the fees relating to periods of use of the service which have already expired.
ART. 3 – ACCESS REQUIREMENTS
3.1 – In order to use all BNESIM Limited services, except internet connection services, which are governed by a different contract, the Customer must have access to an Internet connection.
3.2 – In order to use services which involve the delivery of information to e-mail accounts, the Customer must have at least one e-mail account.
3.3 – In order to use telephone services or services which involve the sending of messages of any type where the sender’s details are provided, the customer must carry out the so-called validation procedures on the website www.bnesim.com and BNESIM Limited reserves the right to:
a) request that these procedures be carried out even for other services that are to be supplied as controls against fraud;
b) not to activate or deactivate existing services if the Customer does not carry out the validation procedures.
3.4 – In order to use pay-as-you-go services the Customer must make a payment in advance through the topping-up mechanism. The traffic that is consumed will then be deducted from the credit.
3.5 – After receiving payment and fulfilling the access requirements referred to in this Section, activation usually occurs within few minutes with a maximum of 3 working days. For each day of delay, BNESIM Limited will pay the customer can claim his money back, upon simple request, except in the case of accident or force majeure. The compensation request must be received within 15 days of the incident by email: firstname.lastname@example.org. The disservice will be assessed within 45 days of receiving the request. Compensation will be paid as credit in the form of a new top up or, on request, by bank transfer. BNESIM Limited will not pay any compensation for its free services.
ART. 4 – ACCESS CREDENTIALS
4.1 – BNESIM Limited will provide at the mobile phone address specified by the Customer the access credentials that are necessary for managing access to the BNESIM services and keeping personal data updated.
4.2 – The Customer is required to keep and safeguard the access credentials with the utmost care and shall be directly and exclusively responsible for any damage that an improper use of these may cause to BNESIM Limited or third parties.
4.3 – In the event of loss or theft of the Password the Customer has to change the password using the personal selfcare area located ad the address http://selfcare.bnesim.com.
ART. 5 – TELEPHONE NUMBERS
5.1 – BNESIM Limited assigns each Customer at least one personal telephone number for services for receiving calls and other services.
5.2 – The number is attributed to the Customer for the use of BNESIM Limited services. The signing of the Contract for the sole purpose of being assigned a number – including free of charge – to ask for the portability to the network of a third party operator represents a breach of the contract and the general obligation of good faith in the signing and execution of the contract by the Customer.
5.3 – BNESIM Limited shall continue to associate the same personal telephone number with the Customer for the entire duration of the contract, without prejudice to cases of:
– emergence of technical or regulatory incompatibilities with the numbers;
– failure to pay before the deadline specified by BNESIM Limited fees relating to the service for which the number was acquired.
5.4 – In accordance with the prevailing legislation, BNESIM Limited may reassign to others a telephone number which is, for whatever reason, including the termination of the contract by BNESIM Limited or the Customer, no longer assigned to the Customer.
5.5 – The Customer acknowledges his/her right to demand the portability towards another operator of the number assigned by BNESIM Limited in accordance with the procedure established by the applicable legislative and regulatory provisions. The conclusion of the portability procedure will require the termination of the contract with BNESIM Limited for the services associated with the transferred number. If the Customer signs a contract with another operator requesting the portability of the number assigned by BNESIM Limited and authorising the execution of the contract prior to the expiry of the deadline for exercising the withdrawal right conferred on consumer, any subsequent exercising of said right may involve the need to sign a new contract with BNESIM Limited, since the automatic restoration of the previous contractual situation cannot be guaranteed.
ART. 6 – TELEPHONE LINES ASSOCIATED TO THE ACCOUNT
6.1 – The numbers assigned by BNESIM Limited for voice services can receive and make maximum two call at a time in one of the two directions. Beyond the above mentioned limit users calling the line will hear an engaged tone and it will no longer be possible to make calls.
6.2 – In the event of congestion of telephone lines connected to the BNESIM Limited systems, users calling the lines may hear an engaged tone, although BNESIM Limited will do everything it can to avoid this.
6.3 – It is possible to establish in a separate agreement a different limit beyond which the engaged tone will be heard following receipt of high volumes of faxes or calls.
ART. 7 – ASSISTANCE
7.1 – Requests for assistance for any service is available by phone and email and the support will be in english language.
7.2 – BNESIM Limited does not provide assistance on any software used by the Customer that was not provided by BNESIM Limited itself.
ART. 8 – WITHDRAWAL RIGHT
8.1 – The Customer, who has the role of consumer in accordance with the prevailing legislation, can exercise the withdrawal right granted by the provisions on distance contracts, within 14 days from the acceptance of this agreement, by sending a specific request specifying his/her intention to exercise the right. The notification must be sent by e-mail (to the following address: email@example.com). The Customer is required to provide a telephone number and details of a bank or post office current account where BNESIM Limited can reimburse the sum that was paid.
8.2 The Customer expressly asks and BNESIM Limited agrees that the provision of the service start during the withdrawal period. In this case, in the event of the withdrawal right being exercised, BNESIM Limited reserves the right to ask the Customer for a sum that is proportional to that which was provided up until the moment the Customer informed BNESIM Limited of his/her intention to exercise the withdrawal right.
ART. 9 – PRICES AND MEANS OF PAYMENT
9.1 – The prices for goods and services are shown in the price lists published on the website www.bnesim.com in the section related to the rates.
9.2 – For services which require payment of an activation contribution and/or payment of the annual fee in advance, the activation takes place after the receipt by BNESIM Limited of the payment of the activation contributions and the fees associated with said services. For services which require the payment of a fee that is not entirely payable in advance, the activation will take place after receipt by BNESIM Limited of the payment of the first part of the fee that is required from the Customer, as well as any activation contribution.
9.3 – Services which require a fee can be renewed for the subsequent fee period prior to the expiry date of the service.
9.4 – The payment can take place at the terms and conditions specified in the website by:
a) credit card on line
b) other payment systems authorised by BNESIM Limited notified on the website.
9.5 – The invoice will be issued once the payment has been made and will always available in the selfcare area of the customer. Please note that the online invoice sent by e-mail is not be considered an electronic invoice. Therefore the customer must print the invoice and store it in accordance with the traditional procedures.
ART.10 – OBLIGATIONS FOR THE CUSTOMER TO USE THE SERVICES CORRECTLY
10.1 – The Customer may not in any case use the services for unlawful purposes, and/or to cause inconvenience to third parties. In such cases, BNESIM Limited may, at its discretion, immediately interrupt the services, without anything being due to the Customer. The right for BNESIM Limited to start legal actions for the compensation of any damages suffered remains unprejudiced.
10.2 – It is expressly prohibited to use BNESIM Limited’s services and systems to carry out arbitrage activities of telephone traffic, or in general to develop telecommunications traffic to obtain for oneself or for third parties advantages, bonuses, credits, cash or analogous benefits through mere making and/or receiving, including without answer, communications of any type; by way of example but without limitation, it is prohibited to use in any way the systems of BNESIM Limited in order to obtain advantages for oneself or for others, through telephone calls, SMS messages sent to mobile or landline numbers with so-called “self-topping up” or “reward” offers, or to “premium” or “personal numbers” or “shared cost” numbers, that pay cash or credits or advantages to the holder or user of the number. In such cases, BNESIM Limited may, at its discretion, immediately interrupt services and invoice the Customer for any additional costs and expenses sustained for the characteristics of the traffic that was developed, without anything being due to the Customer. The right for BNESIM Limited to commence legal proceedings for the compensation of any damages suffered remains unprejudiced.
10.3 – The Customer is prohibited from reselling to third parties, under any form, the services supplied by BNESIM Limited.
10.4 – The service is provided by BNESIM Limited solely in favor of the Customer, who therefore remains exclusively responsible of the use of the service which he/she allows third parties to make. The Customer undertakes to inform whoever may use the services of BNESIM Limited that the Customer is allowed to verify in detail the traffic that was generated, including all of the numbers that called and were called.
10.5 – In the event of traffic that is judged to be abnormal by BNESIM Limited, or in the even of the activation of automatic or manual fraud prevention systems by BNESIM Limited which lead to suspicions about even a potential fraud, unlawful activity, or breach of contract, or in the even of technical problems which could put at risk the infrastructure of BNESIM Limited or other operators, BNESIM Limited may suspend, including in a selective manner, the services supplied and/or the Customer’s access to the website without anything being due to the latter. BNESIM Limited will reactivate the services if subsequent verifications do not confirm the suspicions. The right for BNESIM Limited to commence legal proceedings for the compensation of any damages suffered remains unprejudiced.
10.6 – In the event of BNESIM Limited noting a use of the service that is not in conformity with the legislative provisions governing the activities of call centers, it may suspend the service, including on the basis of a mere suspicion, and once the abuse is ascertained, revoke the use of the number from the Customer and terminate the contract that is in place, without anything being due to the Customer.
ART. 11 – LIMITATION OF LIABILITY AND INDEMNIFICATION
11.1 – BNESIM Limited shall not be responsible, except for cases of willful misconduct or gross negligence, for any damages deriving from a poor service, failure to send or receive messages of any type, malfunctioning, poor quality, or blocking of the telephone services, inefficiencies, delays or errors in the sending or receiving of messages.
11.2 – BNESIM Limited shall not in any way be responsible, since it does not have control over the equipment involved, for poor service due to switching errors on the public telephone network, which result in the delivery of the call to BNESIM Limited with a destination telephone number that is not correct.
11.3 – BNESIM Limited shall not in any way be responsible for any damage which may be caused to the Customer or to third parties by the loss or by a delay in the delivery of e-mail messages following their transmission to a SMTP server for the e-mail domain of the Customer.
11.4 – BNESIM Limited shall never be responsible in any way for any damage which may be caused to the Customer or to third parties from the loss or from a delay in the delivery of e-mail messages resulting from the impossibility to reach via the public network for whatever reason at least one SMTP server for the e-mail domain of the Customer.
11.5 – BNESIM Limited shall never be responsible in any way for problems relating to the malfunctioning of VOIP services which are attributable to an incorrect /inappropriate/incompatible configuration, or the Customer’s Client SIP, or any part of the network, that is not under the control of BNESIM Limited.
11.6 – BNESIM Limited shall never be responsible in any way for the content of messages sent, transmitted or received through its services, as well as for the phone calls made by its customers. The Customer explicitly indemnifies BNESIM Limited for any possible request for damages by third parties regarding the content if its messages or phone calls.
11.7 – BNESIM Limited shall not be responsible in any way for any damages which may be caused to the Customer or to third parties for the assignment, in accordance with the legislative provisions, of numbers that were previously assigned to others.
11.8 – BNESIM Limited shall not be responsible in any way for any improper use of the numbers by the Customer who indemnifies BNESIM Limited from any request for compensation or fines from the regulatory authorities or from third parties.
ART. 12 – CONFIDENTIALITY OF THE MESSAGES IN TRANSIT AND PROTECTION OF PERSONAL DATA
12.1 – BNESIM Limited undertakes not to access and/or intercept the content of messages and/or telephone calls in transit through its systems, and not to communicate said content to third parties, except in cases required by the law following a request by the Judicial Authorities and the Police. Similarly, it complies with the laws for the management of data traffic.
12.2 – All the personal data are collected and handled to carry out all of the functions that are necessary for providing messaging and telecommunications services offered by BNESIM Limited, as well as for conducting statistical research and for sending to the Customer advertising correspondence by e-mail with regard to products or services that are similar to those purchased by the Customer. The company name of the Customer can be used by BNESIM Limited as a reference during the course of commercial negotiations. With the consent of the Customer, which can be freely expressed by ticking the respective box at the time of registration, BNESIM Limited may send to the Customer its own or third party commercial correspondence by sms, fax or e-mail. Consent for said correspondence may be revoked at any moment by contacting BNESIM Limited’s customer service. The Customer may amend and update his personal data by accessing, using the UserID and Password the control panel that is reachable via the URL http://selfcare.BNESIM.com.
12.3 – In the context of the services it offers BNESIM Limited provides the Customer with the functions of a voicemail and the storage of sms messages that are sent and received. To this end the Customer appoints BNESIM Limited as data supervisor for the telephone/electronic communications made or received by the user and the respective content. BNESIM Limited will conserve said data for the time requested by the Customer who has the right to delete them when he/she wises. BNESIM Limited will protect said data with the organizational and logical measures required by the law.
12.4 – The Customer appoints BNESIM Limited as data supervisor for the handling of the identification data of the telephone communications received by the user. BNESIM Limited will conserve said data for the time requested by the Customer and in any case for a maximum period of two months and for thirty days in the case of missed calls. BNESIM Limited will protect said data with the organizational and logical measures required by the law.
ART. 13 – SHIPPING POLICY
13.1 – Shipment processing time and rates.
All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone. Shipping charges for your order will be calculated and displayed at checkout.
13.2 – Shipment confirmation & Order tracking
You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.
13.3 – Customs, Duties and Taxes
BNESIM Limited is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
13.4 – Damages
BNESIM Limited is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.
ART. 14 – WARRANTY
14.1. Electronic devices limited warranty
Seller will transfer to Buyer any transferable warranties or indemnities that the manufacturer of the Product or the third party vendor/service provider provides to BNESIM Limited. BNESIM Limited shall have no liability towards buyer beyond the express terms of such manufacturer product warranties.
BNESIM Limited’s exclusive obligations with respect to a non-conforming Product or Service shall be, at Seller’s option, to repair or replace the Product, if it is determined to be defective, or to re-perform the Service, or to refund to Buyer the purchase price paid for the Product or Service. Notwithstanding anything herein to the contrary, the liability of BNESIM Limited under this Section for all claims shall not exceed the sum of Buyer’s payments for the Products or Services which are the subject of the dispute and the foregoing is Buyer’s sole and exclusive remedy for all claims under this Section.
No warranty shall apply to any Product that has been subject to misuse, improper testing, assembly, mishandling, or which has been operated contrary to current instructions relating to installation, maintenance or operation, or contrary to industry standards.
ART. 15 – CONTRACTUAL AMENDMENTS
15.1 – BNESIM Limited can make any amendments to the present contract by notifying the Customer at least 30 days prior to said amendments coming into force. If the Customer does not accept the pre-announced amendments, he/she has the right to withdraw from the contract without anything being due to BNESIM Limited.