Terms and Conditions

UBLSOFTWARE S.r.l., with headquarters in Ripa di Porta Ticinese 39, 20143 Milan (MI), Italy, VAT number 03636050985 (“Company”), operates as a reseller of data traffic. These General Terms and Conditions (hereinafter the “Conditions”) govern the relationship between the Company and the Customer in relation to the activation of one or more SIM cards called “SIM Cards”. The receipt / transmission of data and SMS is guaranteed for the exclusive use of the IoT (“Internet of Things”) and M2M (“Machine to Machine”) applications on fixed and mobile goods (“Services”). Voice telephony services are excluded. The Company reserves the right to modify these Conditions at any time, communicating the contractual modifications at least 30 (thirty) days before their entry into force, it being understood that the Customer may withdraw from them according to the following article 13. These Conditions and the Privacy Policy published at www.sim.resiot.io are valid for twelve months starting from 1st January 2020 and are tacitly renewed for periods of equal duration.

The Customer submits to the Company the proposal for the activation of one or more SIM Cards by sending and signing (also electronically) the relevant application form. The proposal is accepted with the activation by the Company of the SIM Card(s) and their connection to the network. The Company will activate the SIM Card within 72 (seventy-two) hours from the activation request, which must take place within 3 (three) months from the delivery of the SIM Card to the Customer, after this time limit, the SIM Card will be permanently deactivated. The Customer can request the return of any credit associated with the SIM Card upon communication to the Customer Service of sim.resiot.io sent by registered letter to our offices in Via San Giogio, 24 Rovato 25038 (BS) Italy. For the purpose of identification, the Customer must provide, under his own responsibility, his complete details, accompanied by copies of identity documents as required by current regulations. The SIM Card (s), for which the identification documents of their holders should be absent or lacking, will be deactivated with the loss of any related number.

The Company guarantees an adequate level of supply of its Services, it being understood that it may avail itself of the collaboration of third parties in performing its contractual obligations. The Company will not be liable to the Customer for any disservice and/or malfunction and/or interruption of the Services depending on causes not attributable to it or for reasons of force majeure. The Company, while adopting every precaution and applying all the security measures required by current legislation, is not able to guarantee absolute protection of its network from unauthorized access or interception, declining any responsibility should such events occur.

The Customer is responsible for the use of the Services, as well as for the use of the same by third parties with his consent. The Customer must use the Services only with approved equipment. The Customer must immediately inform the Company of any abnormal and/or unauthorized use of the Services. The Company reserves the right to suspend the Services if it finds illegal or fraudulent activities carried out by the Customer or by third parties, or upon notification by the competent authorities. The Company may suspend the Services, in whole or in part, if increases in traffic volume are found which are anomalous and not reasonable compared to previous traffic. Improper use of the Services is any use that exceeds the reasonable limits for the use of the SIM Cards. In compliance with current regulations, the Company reserves the right to slow down and/or suspend and/or deactivate the SIM Card(s) in the case of improper use of the Services, without prejudice to the right of the Company to terminate the contract under Article 1456 of the Italian Civil Code should the Customer fail to comply with the provisions of this Article.

The Services are generally provided in prepaid mode and are available for both private and business users. Rates are available on the website www.sim.resiot.io and are constantly updated. The Customer gives his consent to receive via email or electronic format (depending on his tax office) the invoices addressed to him and he is responsible for printing these on paper.

The Customer must immediately notify the Company of any loss, theft or tampering with their SIM Cards. In such cases, the Company will deactivate the SIM Card(s) and, if necessary, replace them. The Company has the right to deactivate the SIM Card(s) without compensation, if requested by the competent authorities or for technical reasons that prevent the continuation of the provision of the Services. The Company will have the right to deactivate the SIM Card (s) if the SIM Card is inactive for more than 12 (twelve) consecutive months. At the expiration of the twelfth month from the last business relationship, the Company informs the Customer of the deactivation of the SIM Card(s), allowing the reactivation of the service on the same number, through simple procedures and without any additional charges for the Customer, within forty-eight hours from their request, save for exceptional cases. In any case, the Company shall inform the Customer, at least thirty days in advance, both of the possible suspension of service and of the termination of the assigned number.

The Company undertakes to treat customer data with the utmost confidentiality, in accordance with the legal provisions regarding the protection of personal data and the terms of the Privacy Policy which can be consulted on the website. The Company detects, stores and processes only the data necessary to provide the Services, maintain and take care of customer relationships, the security of platforms and technological infrastructures, as well as to carry out the processing of accounting data.

In order to receive assistance and make complaints (according to current legislation), the Customer has the right to contact the customer service of the Company through the means and methods published on the website.

The Customer is responsible for the content of the information he transmits and/or processes using the Services. Therefore, no responsibility is attributable to the Company for the content of messages, documents or any data transmitted with the use of the Services. The Customer is required to use the Services in accordance with good faith and fairness, refraining from achieving advantages other than those associated with the normal use of the Services. In particular, the Services must not be used for the purpose of committing criminally relevant acts and/or directly or indirectly violating the rights of other users and/or third parties. The resale of the Services to third parties is also prohibited. The Company may permanently suspend the use of the SIM Card(s) without notice and compensation if there is evidence of the incorrect use of the Services by the Customer. In such cases, the Customer cannot request the restitution of the residual credit relating to his / her SIM Card, without prejudice to the right to compensation for the greater damage suffered by the Company due to the incorrect use of the Services.

The Customer can freely withdraw from this contract at any time by sending a letter to the Customer Service of sim.resiot.io – Via San Giorgio, 26 25038 Rovato (BS) – Italy – or by email communication to the address published in the contact page or through the same telematic tools used to activate the Services, except for the payment of amounts due at the time of withdrawal. The withdrawal will be effective after 30 (thirty) days from the date of receipt of customer communication. In the event of changes to these Conditions, 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 the Company before said date.

The Company may withdraw from these Conditions with written communication and 30 (thirty) days’ notice from the date of withdrawal. The Company has the right to terminate the Contract Terms at any time and with immediate effect in the following cases:

• block of the credit card of the Customer;
• repeated and persistent unlawful, abusive or improper use of the Services by the Customer;
• in the event of cases in which the Customer is not directly or indirectly associated with the legal entity which has entered into this agreement.

For the entire duration of the contractual relationships, the Company grants the Customer a non-transferable and non-exclusive right to use the intangible assets (such as the brands and logos that distinguish the Services) necessary for the use of the Services in accordance with the Contract Terms and only in the limits of the same use. The related intangible rights remain the exclusive property of the Company and/or third party owners and/or licensors of the same intangible rights.

The Customer is to keep the Company always abreast of any variation of their identification details. All communications sent by the Company to the last virtual or material address given by the Customer will be deemed as validly received and acknowledged.

Any disputes between the Company and the Customer regarding the provision of the Services and these Terms and Conditions shall be settled in accordance with the Regulation on procedures for the resolution of disputes between users and operators of electronic communications set out in AGCOM resolution no. 203/18/CONS.

The Company complies with Resolution no. 347/18/CONS on compensation applicable in the settlement of disputes between users and operators of electronic communications.

The Contractual Terms and Conditions are governed by Italian law.

Terms and conditions valid for registered and activated customers from 01/01/2020.