General Terms and Conditions of MDTel GmbH for the provision of telecommunications services in connection with electronic SIM cards (eSIM)
1.1 These General Terms and Conditions (GTC) apply to contracts between MDTel GmbH (hereinafter referred to as the provider) and the contractual partner (hereinafter referred to as the customer), for electronic SIM cards (eSIM) and related services.
1.2 The provider provides its services in accordance with the following GTC.
1.3 The provider is entitled to change or supplement these terms and conditions at any time. The provider informs the customer of changes via the website www.clousim.com. The changes are deemed to be accepted if the customer does not object to the announced changes in writing within one month. These GTC apply exclusively to the contract; other conditions do not become part of the contract even if they are not expressly objected to.
2.1 After successfully purchasing an electronic SIM card (eSIM) and a corresponding data package, the provider enables the customer to access the Internet from an eSIM-enabled device.
2.2 Internet access is offered in the countries listed on the website www.clousim.com - data packages and prices. The provider has no influence on availability and Internet speeds in the individual countries.
2.3 Depending on the country, different Internet data packages are offered, which are valid for the specified days after activation. There is no refund of existing data volume after the days have expired.
2.4 The customer has the option of automatically renewing data packages after the data package has expired and topping up data packages at any time. When topping up the same data package (without changing country), remaining data will be added to the new data package.
2.5 To use the provider's service, the customer must have an eSIM-capable device. The customer must ensure that this requirement is met before purchasing. The provider does not provide any devices.
2.6 It may happen that the provider's services are not always available and connections cannot always be established (e.g. due to maintenance work or technical problems), the causes of which may also be in partner networks.
2.7 If the provider provides free or discounted services, the customer has no right to their provision. The provider is authorized to discontinue, change or only offer free or discounted services at any time. This does not give rise to a claim for reduction, reimbursement or compensation.
2.8 If an Unlimited Data package has been selected and the usage exceeds 30 gigabytes of data volume within the data package and 30 day period, the transmission speed will be limited/throttled to 256kBit/second.
The Service may only be used for lawful purposes. You must not use the Service to commit, facilitate or promote any illegal, abusive, fraudulent or irresponsible conduct, including without limitation:
3.1 Creating or distributing unsolicited bulk email and mailing lists.
3.2 Interfering with or degrading any data system or network, computer or communications system, software application or network or computing device.
3.3 Monitoring data or traffic on a network or system without the express permission of the owner of the system or network.
3.4 Using false, misleading or deceptive header information in an email or newsgroup posting.
3.5 Using an Internet account or computer without the owner's permission.
3.6 Downloading or uploading large files larger than 300MB or multiple files with a total size of 300MB.
3.7 Continuous, prolonged background transfers (uploads/downloads) of non-visible media.
3.8 Continuous, prolonged streaming of data to TCP or UDP applications, excluding multimedia, that are actively used by the Subscriber.
3.9 Use of an eSIM-enabled device as a data router or proxy for multiple other devices, excluding normal Wi-Fi hotspot use.
3.10 Use of a Wi-Fi hotspot to provide Internet connectivity to stationary, non-portable devices for an extended period of time.
3.11 BitTorrent and other P2P file sharing networks or any application or activity that consumes more than 150MB of data per hour..
3.12 Vulnerability Testing: Without the express written consent of the Provider, you may not attempt to probe, scan, penetrate or test the vulnerabilities of the Provider or any other service, nor may you attempt to breach the Provider's security or authentication measures by passive or intrusive techniques.
4.1 By purchasing a data package via the online portal www.clousim.com, the contract is concluded between the provider and the customer, unless the provider objects within three working days.
4.2 The customer assures that the information he provided about himself and other contract-relevant circumstances during registration is complete and correct.
4.3 The contract ends automatically when the data package expired and the data package is not topped up. Any remaining credit will not be refunded.
4.4 The provider has an extraordinary right of termination without notice if the customer commits a material breach of contract and does not immediately cease or reverse this behavior despite being asked to do so. This includes in particular, but not only, a violation of provisions 3, 4.2, 5.1, 5.2, 5.3, 11.3 of this contract, the use of the provider's services in an unlawful manner and/or the manipulation of the provider's technical devices and facilities.
5.1 The customer is obliged to use the provider's services only in accordance with the law.
5.2 The customer is obliged not to infringe any third-party property rights (e.g. copyrights, database rights, trademark rights, patent rights, etc.), not to use the provider's services to disseminate immoral or illegal information, and not to disseminate any content of an offensive, defamatory or inflammatory nature. If the customer violates the above obligations, the provider is entitled to take measures to prevent violations of law.
5.3 The customer must treat the access data to the online portal as confidential and, in his own interest, may not disclose this to other users or allow access to it carelessly.
5.4 The provider expressly reserves the right to shut down the customer's service without notice if there is a risk of significant, lasting disruptions to the provider's network.
5.5 The provider wants to guarantee its customers that the services offered function smoothly. To this end, the customer allows maintenance windows during which the availability of the services may be limited.
6.1 The customer must also pay the fees that arise within the scope of the access and usage options made available to him through authorized or unauthorized use of the services by third parties, unless the customer proves that he is not at fault.
6.2 The provider points out that all data can be transported unprotected and unencrypted via the customer's Internet. The customer must take appropriate measures to minimize the risk of unauthorized access by third parties to his computer systems and data and, if necessary, seek appropriate advice in this regard. The provider is not liable.
6.3 The customer is responsible for any use under his access data and password. This also includes the unauthorized use of their password or eSIM by third parties, provided that the customer has made this possible in an attributable manner.
7.1 The additional fee is due immediately upon purchase. The customer can freely choose the data package from the available packages.
7.2 All payments are only accepted via the online portal www.clousim.com using the payment options listed there.
7.3 When making a payment, the customer agrees to the direct debit procedure with Paypal. The customer can choose in the ClouSIM portal whether the data tariff should be automatically extended after 30 days or whether an automatic top-up should take place when 90% of the data package has been used up. In the case of an automatic extension / top-up, the provider collects the fee to be paid via Paypal.
7.4 The provider is entitled to adjust the prices at any time according to market requirements and in particular changes in purchase prices. The provider is also entitled to charge additional fees in addition to the data tariffs. The customer must inform themselves about the current price list on the website www.clousim.com before purchasing the service.
7.5 The assignment of claims by the customer against the provider to third parties is excluded.
7.6 If the provider incurs costs for returned direct debits for which the customer is responsible (e.g. insufficient account funds, errors in providing bank details, etc.), the customer will be charged for these costs and invoiced separately.
8.1 Unless otherwise stated below, claims for damages against the provider are excluded if the cause of the damage is not based on intent or gross negligence.
8.2 If the provider negligently breaches a cardinal obligation or a contractual obligation, the obligation to pay compensation is limited to the foreseeable damage typical for the contract.
8.3 If the provider's liability is excluded or limited, this also applies with regard to the personal liability for damages of the provider's employees, workers, staff, representatives and vicarious agents. The provider is entitled to object that the customer is contributory negligence.
8.4 The provider is not liable for damages that arise or have arisen due to unauthorized interventions in the provider's telecommunications network, the technical equipment or the network infrastructure. The provider is also not liable for damages due to faulty, improper installation, operation or handling of the devices, software or system components required to use the service by the customer or third parties commissioned by them, as well as for damages caused by failure to observe or comply with the instructions and provisions specified in service descriptions or other product information.
8.5 The provider is not liable for the misuse of broadband Internet connections by the customer or third parties commissioned by them.
8.6 In the event of failures due to a fault outside the provider's area of responsibility, the customer has no claims against the provider. The provider is released from fulfilling its contractual obligations until the fault has been resolved.
8.7 The provider is not liable for financial losses caused by an interruption or disruption to the service.
8.8 The provider's liability for gross negligence or injury to life, limb or health is not excluded.
9.1 The provider reserves the right to adjust the fees accordingly if the statutory VAT changes. The customer's consent is not required.
10.1 The provider collects and processes the customer's data in accordance with European data protection regulations, in particular the General Data Protection Regulation (GDPR).
10.2 The customer agrees that the data provided will be stored and further processed in accordance with the General Data Protection Regulation (GDPR) to the extent that this is necessary for the execution of the contract.
10.3 The customer undertakes to read the data protection declaration at this point.
11.1 Should individual provisions of these terms and conditions be completely or partially invalid or contain gaps, the validity of the remaining provisions shall remain unaffected.
11.2 Changes, additions and ancillary agreements must be made in writing. The written form can also only be waived in writing.
11.3 The contractual relationship and all actions related to it are subject exclusively to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods and German international private law are excluded.
11.4 The place of jurisdiction is Eschborn.
For legal matters the German version of the General Terms and Conditions is the legally binding version.
MDTel GmbH
Taunusstrasse 27
65760 Eschborn - Germany
Commercial register: HRB 96306, Court Frankfurt am Main
Last updated: June 2024