Terms & Conditions

AGREED TERMS

1. About us

1.1 Company details. FLEXeSIM is a trading name of RoamingExpert.com Limited (registered in England and Wales with company number 08016744), with registered address at 8 Sceptre Court Sceptre Way, Bamber Bridge, Preston, England, PR5 6AW. Our VAT number is 132 4550 43. RoamingExpert operates the website https://flexesim.com.

1.2 Contacting RoamingExpert. To contact us, telephone our customer service team at +44 (0) 3300 555 777 or request a callback by completing our online form at https://www.flexesim.com/contact/ How to give us formal notice of any matter under the Contract is set out in. 14 (Notices).

2. Our contract with you

2.1 Our contract. These terms and conditions (Terms) apply to the order of eSIM services by you and the supply by us of those services to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract. You and RoamingExpert each agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement, based on any statement in this Contract.

3. Placing an order and its acceptance

3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy one or more FLEXeSIM Services as specified in your order (Services) subject to these Terms. Each FLEXeSIM eSIM shall contain the amount of data specified in your order. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

3.2 Accepting your order. RoamingExpert will confirm acceptance of your order by sending you an email confirmation. The Contract between you and us will only be formed when RoamingExpert sends you the Confirmation.

3.3 If RoamingExpert cannot accept your order. If RoamingExpert is unable to supply you with the Service for any reason, RoamingExpert will inform you of this by email, will not process your order and will refund you the full amount paid as soon as possible.

4. Supply of Service and Pricing

4.1 The FLEXeSIM Service is an eSIM profile containing pre-loaded data on eSIM technology and set at the value specified in your order. FLEXeSIM eSIMs cannot be topped up with additional data. If you wish to purchase more data than is supplied on your ordered FLEXeSIM, you must purchase another FLEXeSIM Service or another RoamingExpert service or product.

4.2 While RoamingExpert reserves the right to alter the range of FLEXeSIM Services available to purchase, at the time of your order, the available FLEXeSIM service types are FLEXeSIM Europe, FLEXeSIM World and FLEXeSIM World +. Full details of the FLEXeSIM service types are as set out on the Website.

4.3 RoamingExpert shall use reasonable care and skill in supplying the Service to you. As RoamingExpert relies upon the technology and networks of one or more third party mobile network operators or wireless communications service providers (each a Partner Networks) to deliver the Service, RoamingExpert cannot make any guarantee as to the network coverage, quality or availability of the Service.

4.4 The prices of the Service will be as quoted on the Website at the time you submit your order. Such prices may change from time to time, but changes will not affect any order you have already placed.

4.5 The price of Service excludes VAT or all such other local sales tax chargeable in the jurisdiction from which you place your order. VAT is applicable solely when the billing address provided is within the confines of the United Kingdom. You shall be responsible for payment of any such applicable taxes at the relevant rate chargeable at the time you place your order.

5. How to pay

5.1 You can only pay for a FLEXeSIM Service using a debit card or credit card (Visa or Mastercard).

5.2 Payment must be made in advance, at the online checkout, integrated via the Stripe payment gateway.

6.0 Delivery and activation of FLEXeSIM

6.1 RoamingExpert shall virtually deliver each ordered FLEXeSIM to you via an email containing a QR code almost instantly to confirm acceptance of your order. Virtual delivery by RoamingExpert is complete once the downloadable QR code email has been sent to you.

6.2 Upon receipt of the email containing the QR code, you must scan the FLEXeSIM QR code onto your device to install the set-up of the data plan to your device.

7. Duration [and Suspension] of Service

7.1 The Service shall commence immediately following the successful activation of the FLEXeSIM QR code to your device and shall continue until the pre-loaded data allowance supplied on the FLEXeSIM has been used in full, or the 14 / 30 day term has expired.

7.2 [RoamingExpert may suspend your use of the Service, with or without any notice, if you fail to comply with your obligations under clause 8. If RoamingExpert becomes aware of any failure by you to comply with clause 8, RoamingExpert also reserves the right to refuse to sell or supply to you any further products or services.]

7.3 FLEXeSIM is an eSIM which shall continue to remain on your device after the pre-loaded data allowance has been spent and the Service has ceased. It is your responsibility to remove the eSIM using your device settings. [ Please see FAQs on how to deactivate your FLEXeSIM from your device]

8. Customer obligations

8.1 You acknowledge that the Service is operated under licence and by agreement with RoamingExpert’s Partner Network(s). Your failure to comply with clause 8 may constitute a breach of these Terms and of any consents or licences granted to you by a Partner Network.

8.2 You shall:

(a) ensure that your device is unlocked and compatible with eSIMs prior to placing an order for FLEXeSIM;

(b) co-operate with RoamingExpert in all matters relating to the Service and you treat RoamingExpert staff and personnel with the level of respect and courtesy expected of a commercial business relationship. No obscene, discriminatory or insulting language or threatening behaviour towards RoamingExpert personnel or representatives shall be tolerated;

(d) take all steps necessary to prevent any suspected or actual unauthorised use of the Service;

(e) comply with all applicable laws, regulations, codes and guidelines, including but not limited to:

(i) the Data Protection Legislation;

(ii) the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code); and

(iii) any Telephone Preference Service opt-out notification;

(f) not use the Service for any purposes which:

(i) may be illegal, fraudulent, abusive or a nuisance, nor communicate or knowingly receive content which is abusive, indecent, defamatory, obscene, menacing, unlawful or a nuisance;

(ii) causes annoyance, inconvenience, or needless anxiety within the meaning of the Communications Act 2003, nor send spam or unsolicited communications without the receiver’s consent; or

(iii) would or could impair the performance of any Partner Network(s); or

(iv) would or could infringe the intellectual property rights of RoamingExpert or any Partner Network(s).

(g) comply with any additional obligations as notified to you by RoamingExpert, including any applicable fair use policy issued from time to time.

9. Intellectual Property rights

9.1 All intellectual property rights in or arising out of or in connection with the Service shall be owned by RoamingExpert or its third-party licensors (as applicable).

9.2 To the extent permissible by law, RoamingExpert grants to you or shall procure the direct grant to you of, a worldwide, non-exclusive, royalty-free licence for the duration of the Services (as set out in clause 1) to use receive and use the Service under these Terms.

9.3 You shall not sub-license, assign or otherwise transfer the rights granted by clause 2.

10. Our iability: your attention is particularly drawn to this clause.

10.1 References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

10.2 RoamingExpert only supplies the Service for internal use by you or your business, and you agree not to use the Service for any resale purposes.

10.3 Nothing in these Terms limits or excludes RoamingExpert’s liability for:

(a) death or personal injury caused by RoamingExpert’s negligence;

(b) fraud or fraudulent misrepresentation;

(d) any other liability that cannot be limited or excluded by law.

10.4 Subject to clause 3, RoamingExpert will under no circumstances be liable to you for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill or indirect or consequential loss.

10.5 Subject to clause 3, RoamingExpert’s total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Service.

11. Data protection

11.1 In this clause 11 Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426)

11.2 Both parties shall at all times comply with:

(a) all applicable requirements of the Data Protection Legislation; and

(b) their respective obligations as set out in RoamingExpert’s Data Processing Schedule, available at DATA PROTECTION which sets out the scope, nature and purpose of processing by RoamingExpert, the duration of the processing and the types of personal data and categories of data subject.

11.3 Either party may, at any time on not less than 30 days’ notice, revise this clause 11 by replacing it with any applicable controller to processor standard clauses or similar terms adopted under the Data Protection Legislation or forming part of an applicable certification scheme (which shall apply when replaced by attachment to the Contract).

12. ANTI-BRIBERY

12.1 RoamingExpert shall at all times comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption.

13. Force Majeure Events

13.1 RoamingExpert will not be liable or responsible for any failure to perform, or delay in performance of, any of RoamingExpert’s obligations under the Contract that is caused by any act or event beyond RoamingExpert’s reasonable control (Force Majeure Event).

13.2 If a Force Majeure Event takes place that affects the performance of RoamingExpert’s obligations under the Contract:

(a) RoamingExpert will contact you as soon as reasonably possible to notify you; and

(b) RoamingExpert’s obligations under the Contract will be suspended and the time for performance of RoamingExpert’s obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects delivery of an eSIM to you, RoamingExpert will send the eSIM after the Force Majeure Event is over.

13.3 You may cancel the Contract affected by a Force Majeure Event which has continued for more than [30] days. To cancel please contact RoamingExpert.

14. Notices

14.1 References in these Terms to “in writing” include email but not fax.

14.2 Any notice under the Contract shall be given in writing to the address or email address stated in:

(a) (for you) your order; or

(b) (for us) our Confirmation.

14.3 Notices shall be deemed to have been given or made: (a) when delivered personally; (b) if posted by next working day delivery service, within two Working Days of posting; or (c) if sent by email, at the time of transmission, provided that the sender can provide proof that such email was sent to the specified email address of the addressee.

14.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

15. General

15.1 Assignment and transfer. RoamingExpert may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all its rights and obligations under the Contract. You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of RoamingExpert.

15.2 Variation. Any variation of the Contract or these Conditions only has effect if it is agreed in writing between you and RoamingExpert.

15.3 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

15.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.5 Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.

15.6 Governing law and jurisdiction. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.