Welcome to CloudSIM!
Before you dive in, we want to make sure you understand the terms and conditions (“Terms”) that govern your use of our platform. By accessing and using CloudSIM, you agree to abide by these Terms.
Indholdsfortegnelse
1. Applicability and Validity
1.1 Scope of Terms
These terms and conditions (referred to as the “Terms”) govern the use of services provided by CloudSIM ApS (referred to as “CloudSIM ApS”) accessed via the website www.cloudsim.dk (referred to as the “Website”).
1.2 Parties Involved
The customer, herein referred to as “Customer,” is the legal entity entering into an agreement with CloudSIM ApS regarding the access and utilization of CloudSIM ApS’s services. CloudSIM ApS is a registered Danish company operating under the VAT-ID 44726890.
1.3 Exclusivity of Terms
Any terms and conditions specified by the Customer, including but not limited to terms of purchase or tender conditions, shall not apply to the access and use of CloudSIM ApS’s services.
1.4 Special Conditions
The Terms include specific provisions concerning liability limitations, deadlines, and other essential matters. Customers are advised to carefully review the Terms before acceptance.
2. What We Offer
2.1 Overview
CloudSIM is your go-to online platform for purchasing SIM cards and data packages. Our services also allow you to connect your M2M and IoT devices, managing communication through data transfer and SMS.
2.2 Networks
Our services rely on existing telecommunications networks operated by our partners. While we strive for seamless service, we’re not responsible for issues caused by third-party networks.
3. Functionality and Platform Evolution
3.1 Platform Description
Our services rely on existing telecommunications networks operated by our partners. While we strive for seamless service, we’re not responsible for issues caused by third-party networks.
3.2 Continuous Development
We are committed to ongoing innovation, leveraging partner-operated telecommunications networks to refine and expand our services. While we prioritize uninterrupted connectivity, we acknowledge the potential impact of third-party network challenges beyond our control
3.3 Feature Integration
New features seamlessly integrate into the existing platform, enhancing user experience and operational efficiency.
3.4 Timely Updates
Platform enhancements are implemented promptly and efficiently, with changes communicated to users as necessary.
3.5 Logistics Efficiency
SIM Card Delivery: CloudSIM ApS ensures timely shipment of SIM cards, typically within seven working days of ordering. SIM card activation coincides with ordering to facilitate immediate subscription access, irrespective of delivery schedules.
4. Account
4.1 Account Creation
To utilize CloudSIM ApS, customers must create an account, providing essential details such as full name, company name, VAT number, email address, postal address, and country.
4.2 Verification Process
Upon account creation, each submission will undergo administrator review and may require a credit assessment conducted by a third-party company.
Once the account is approved, the customer will receive a confirmation email. If the credit assessment indicates poor creditworthiness, CloudSIM may offer an alternative plan designed to prevent overages. This restricted plan will block SMS to premium numbers, non-supported countries, and limit data consumption to the allocated allowance, ensuring the customer stays within predefined limits without incurring additional charges.
4.3 Account Responsibility
You are responsible for maintaining accurate account information, including delivery details. Ensure confidentiality of your CloudSIM ApS usernames and passwords to prevent misuse. You are liable for any unauthorized account activity, unless attributable solely to CloudSIM ApS.
4.4 Account Activation
Access to CloudSIM ApS and its services requires the purchase of SIM cards. Please allow up to seven days for purchased SIM cards to be reflected in your account. Once purchased, SIM cards provide immediate access to our services. Please allow up to 48 hours for service usage updates to be reflected.
4.5 Credit and Service Limitations
Purchased CloudSIM ApS services are non-transferable, non-refundable, and hold no monetary value, unless explicitly permitted by these Terms. CloudSIM ApS reserves the right to suspend, close, or block customer accounts and/or services without prior notice for non-compliance with these Terms. Reopening a closed account may incur a reopening fee of up to DKK 2000 ex. VAT.
4.6 Account Management
Customers may request account blockage by contacting support@cloudsim.dk or initiate self-account deletion through their account overview.
5. Prices and Payment
5.1 Prepayment and Postpayment
Customers prepay for subscriptions, data usage, and optional features, as well as any extra usage beyond prepaid amounts. CloudSIM ApS’s current price list is available on our website and is subject to change based on third-party pricing. All prices are quoted in DKK, excluding VAT. Invoices will be issued based on the information provided by the customer.
5.2 Payment Methods
Prepayment transactions are accepted via MasterCard and VISA/Dankort debit cards. Subscription charges are automatically processed to cover subscription costs until canceled. For example, if a customer cancels on the 15th of January, they will be charged for the current month (January) and the following month (February). Additional usage beyond current subscriptions incurs separate charges.
5.3 Postpayment Option
Customers may request postpayment, subject to approval by contacting support@cloudsim.dk. Postpayment fees are settled monthly in arrears and due for payment within 8 days of the invoice date. Unpaid invoices accrue interest at 2% per month until settled. CloudSIM ApS may impose a credit limit and require a security deposit for postpayment customers.
5.4 Invoicing and Disputes
Invoices are generated based on customer-entered information and reflect purchased services. Any disputes must be communicated to CloudSIM ApS within 30 days of the invoice due date to be considered valid. Customers have no right of withdrawal once services are activated.
5.5 Optional Features
Customers have the option to expand the basic functionality of CloudSIM ApS by purchasing additional features. Prices for optional features are subject to change with 48-hour notice on our website.
5.6 VAT and Taxation
VAT is applicable to invoices issued to customers in Denmark. For other EU countries, customers are responsible for self-reporting VAT in accordance with relevant regulations. Customers located outside the EU must comply with their respective country’s tax laws.
5.7 Inactive Accounts
Accounts without any subscription payments or data traffic for 60 consecutive days are considered inactive.
6. Technical Aspects
6.1 Platform Functionality
CloudSIM ApS offers a self-service platform with initial functionality upon access. Our platform supports services in multiple countries and regions, which can be viewed on our website.
6.2 Service Sufficiency
Customers are responsible for ensuring that selected services and subscriptions meet their requirements and operate effectively in their geographical locations. In the event of data depletion, customers can contact CloudSIM ApS to upgrade their data plans, subject to additional charges.
6.3 Data Network Support
CloudSIM ApS’s data services support a wide range of network technologies, including 2G, 4G, and 5G. However, network performance may vary based on geographic location and network availability.
6.4 Platform Reliability
While we strive for optimal performance, CloudSIM ApS acknowledges the possibility of errors and inconsistencies within our platform. We continuously address such issues through ongoing updates and maintenance. Please note that interruptions or changes related to technical, maintenance, or operational actions, including delays, may occur.
6.5 Technical Requirements
Customers are responsible for meeting the technical requirements necessary to use our services and ensuring compatibility with their equipment. CloudSIM ApS does not provide configuration or setup assistance for customer equipment or systems.
6.6 Regulatory Compliance
If our services fall under the Payment Services Act, relevant provisions of the Act are waived to the extent permitted by law.
7. Accessibility and Uptime
7.1 Platform Access
CloudSIM ApS’s platform is accessible via the internet, allowing customers to track data consumption, change subscriptions, manage SIM cards, and download invoices.
7.2 Uptime Commitment
CloudSIM ApS aims to maintain platform availability at a minimum of 99% uptime, measured quarterly. This commitment to uptime includes conducting preventative maintenance and software updates exclusively for CloudSIM’s services. It is important to note that our uptime targets are specific to CloudSIM’s platform and services, and do not cover the telecommunication services offered by our partners, such as data, voice, or SMS network service-related downtime.
7.3 Maintenance Schedule
Routine maintenance and updates typically occur on weekdays. Critical updates may be performed during daytime hours, with CloudSIM ApS providing advance notice whenever deemed necessary and possible. This approach ensures that customers can plan accordingly and minimizes disruption to their service experience.
7.4 Exclusions from Downtime
Downtime caused by events outside of CloudSIM ApS’s control, including force majeure incidents such as natural disasters, civil unrest, or other unforeseeable and unavoidable events, does not impact the calculation of uptime metrics. This approach recognizes that certain situations are beyond the company’s ability to predict or manage, and thus, are excluded from negatively affecting the measured service availability.
7.5 Service Resilience
We implement robust measures to ensure platform resilience and mitigate the impact of potential disruptions, including redundancy and failover mechanisms.
7.6 Monitoring
CloudSIM ApS conducts 24/7 monitoring of all servers to promptly identify and address any issues affecting platform availability.
8. Security and Limitations of Use
8.1 System Security
CloudSIM ApS maintains the security of our systems. However, you’re responsible for securing your devices and accounts.
8.2 Usage Restrictions
Our services must not be used for illegal, harmful, or abusive purposes. Compliance with relevant laws and regulations is mandatory.
8.3 Misuse Liability
We’re not liable for any misuse, hacking, or similar activities targeting your systems or accounts.
8.4 Misuse Policy
CloudSIM ApS reserves the right, without prior notice, to block or terminate numbers suspected of being intentionally created to generate increased traffic to other Danish mobile networks besides Telia.
Any costs incurred by CloudSIM ApS as a result of misuse will be charged to the customer. Additionally, mobile services must not be used for the following purposes without prior agreement: SMS and GSM gateways, bulk messaging, or resale.
8.5 Fee Recovery
CloudSIM ApS will invoice or offset fees incurred due to customer actions, such as overage charges for exceeding data limits or fees for reactivating suspended services. For example, if a customer surpasses their data allowance, CloudSIM ApS will issue an additional invoice for the extra data used.
8.6 Security Checks
We reserve the right to conduct security checks to detect suspicious activity.
9. Personal Data
9.1 Data Handling
Personal data processing is governed by our Privacy Policy, available on our website.
10. Support and Service Goals
10.1 Technical Support
CloudSIM ApS provides technical support to customers’ designated contacts via email during weekdays from 10:00 to 12:00 Danish time. Our support team aims to respond to emails and instant messages within 24 hours.
10.2 Server Monitoring
In addition to user support, CloudSIM ApS conducts continuous monitoring of all servers to ensure optimal performance and address any emerging issues promptly.
10.3 Extended Service Agreements
In addition to standard support, CloudSIM ApS offers customized service agreements tailored to specific customer needs. For more information on our extended service offerings, customers can contact us at support@cloudsim.dk.
10.4 Compliance with Instructions
Customers are required to comply with CloudSIM ApS’s reasonable instructions regarding service usage and error avoidance. Adhering to these instructions ensures optimal service performance and minimizes the risk of disruptions.
10.5 Proactive Communication
CloudSIM ApS strives to maintain open communication channels with customers, providing updates on service enhancements, maintenance schedules, and any changes that may impact service delivery.
10.6 Continuous Improvement
We are committed to continuous improvement, actively seeking feedback from customers to enhance our services and address any areas for improvement.
10.7 Training and Resources
CloudSIM ApS may provide training materials and resources to assist customers in maximizing the value of our services. These resources may include user guides, video tutorials, and online documentation.
10.8 Feedback Mechanisms
Customers are encouraged to provide feedback on their experience with CloudSIM ApS’s services and support. Feedback helps us identify areas for improvement and tailor our services to better meet customer needs.
11. Integration
11.1 Technical Support for Integration
CloudSIM ApS provides technical support for integration efforts, including API calls to access and utilize our services. Our team is available to assist customers in implementing integrations effectively and resolving any technical challenges that may arise during the process.
11.2 Implementation Responsibility
While CloudSIM ApS offers assistance with integration efforts, customers are ultimately responsible for implementing the integration and configuring the information within CloudSIM ApS’s systems. This includes configuring API endpoints, handling authentication, and managing data exchange protocols.
11.3 API Documentation
Comprehensive documentation for CloudSIM ApS’s APIs is available to assist customers in understanding the integration process and leveraging our services effectively. The documentation includes detailed descriptions of API endpoints, request and response formats, authentication methods, and usage guidelines.
11.4 Testing and Development Environment
CloudSIM ApS may provide a testing and development environment for customers to conduct integration testing and validation before deploying integrations into production environments. This environment allows customers to simulate real-world scenarios and ensure seamless integration with CloudSIM ApS’s services.
11.5 Best Practices and Guidelines
To facilitate successful integrations, CloudSIM ApS may offer best practices and guidelines for integrating with our APIs. These recommendations cover aspects such as error handling, data validation, security practices, and performance optimization to ensure robust and reliable integrations.
11.6 Custom Integration Solutions
In addition to standard API integrations, CloudSIM ApS may offer custom integration solutions tailored to specific customer requirements. These solutions may involve developing custom APIs, middleware, or integration adapters to seamlessly integrate CloudSIM ApS’s services with existing systems or third-party applications.
11.7 Ongoing Support and Maintenance
Following integration, CloudSIM ApS continues to provide support and maintenance services to ensure the ongoing reliability and performance of integrations. Our support team remains available to address any issues, implement updates, and provide guidance on optimizing integration workflows.
12. Backup and Data
12.1 Data Backup Practices
CloudSIM ApS employs robust data backup practices to ensure the safety and integrity of customer data. Regular backups are performed to mitigate the risk of data loss and maintain data availability.
12.2 Backup Retention
Backups are retained for a period of up to three months to facilitate data recovery processes. However, customers are encouraged to implement their own backup strategies for long-term data retention.
12.3 Customer Responsibility
While CloudSIM ApS conducts regular backups, customers are responsible for implementing additional backup measures to safeguard their data. This ensures redundancy and provides an extra layer of protection.
12.4 Data Restoration
In the event of data loss or corruption, customers can request data restoration assistance from CloudSIM ApS. Our team will work to restore data from available backups, subject to feasibility and availability.
12.5 Backup Testing
CloudSIM ApS conducts periodic testing of backup systems to ensure their reliability and effectiveness. This includes regular restoration tests to validate the integrity of backup data.
13. Communication
13.1 Communication Channels
CloudSIM ApS utilizes email as the primary communication channel for all correspondence, including service announcements, inquiries, and support-related communication. Customers can expect to receive important updates and notifications via email.
13.2 Contact Information
Customers are encouraged to maintain up-to-date contact information, including their email address, to ensure timely and effective communication with CloudSIM ApS. Any changes to contact information should be promptly updated in the customer’s account settings.
13.3 Service Announcements
CloudSIM ApS may use email to communicate service announcements, including planned maintenance activities, system updates, and new feature releases. These announcements aim to keep customers informed about important developments affecting their use of CloudSIM ApS services.
13.4 Claims and Inquiries
Customers can use email to submit claims, inquiries, or requests for assistance to CloudSIM ApS’s support team. Our support representatives are available to address customer concerns and provide assistance as needed.
14. Intellectual Property Rights
14.1 Ownership of CloudSIM ApS
CloudSIM ApS retains all rights, including intellectual property rights, to its platform, associated systems, and databases. This includes any proprietary technology, know-how, or trade secrets utilized within CloudSIM ApS’s services.
14.2 Customer Usage Rights
While customers have access to CloudSIM ApS’s platform and services, they are granted a limited right to use the platform and associated features. This usage right is contingent upon the existence of a contractual relationship with CloudSIM ApS and may be revoked upon termination of the agreement.
14.3 Ownership of Keywords and Numbers
Ownership of any keywords and numbers generated for the customer remains with CloudSIM ApS. Customers are permitted to use these identifiers exclusively during the lifespan of their contractual agreement with CloudSIM ApS. However, SIM cards purchased by the customer are owned outright by the customer and are not required to be returned at the end of the contract.
15. Termination
15.1 Customer Termination Rights
Customers have the right to terminate their agreement with CloudSIM ApS at any time by providing written notice or through the account settings on the CloudSIM ApS platform.
15.2 CloudSIM ApS Termination Rights
CloudSIM ApS reserves the right to terminate a customer’s access to its platform and services at its discretion, with immediate effect.
15.3 Termination for Non-payment
In the event of non-payment or failure to fulfill contractual obligations, including breaches of the terms of service, CloudSIM ApS may terminate a customer’s access to its platform and services without prior notice.
15.4 Customer Remedies
In the event of material breaches by CloudSIM ApS, customers have the right to terminate their agreement after providing written notice and allowing a reasonable period for resolution.
16. Liability and Limitation of Liability
16.1 Customer Responsibility
Customers bear sole responsibility for their use of CloudSIM ApS’s platform and services, including any associated devices or equipment.
16.2 No Right of Withdrawal
Customers acknowledge that they do not have a right of withdrawal once they have accessed or utilized CloudSIM ApS’s platform and services.
16.3 Limitation of Liability
CloudSIM ApS shall not be liable for indirect or consequential damages, including loss of data or profits, arising from the use of its platform and services.
16.4 Exclusion of Certain Losses
CloudSIM ApS disclaims liability for operating losses, loss of profit, loss of savings, loss of goodwill, or similar losses, regardless of whether such losses were foreseeable.
16.5 Maximum Liability
CloudSIM ApS’s liability to customers, regardless of the cause of damages, is limited to the lesser of the customer’s last six months’ payment.
16.6 Indemnification
Customers agree to indemnify CloudSIM ApS for any claims or losses incurred by CloudSIM ApS as a result of the customer’s actions or breaches of the agreement.
16.7 Operator Liability
CloudSIM ApS disclaims responsibility for any losses incurred by telecommunications operators or other service providers due to the termination of services or closure of numbers. It is understood that telecommunications operators may have their own terms of service and policies regarding the provision of services, including the cancellation of numbers or services. Customers are responsible for ensuring compliance with the terms and conditions of these operators and understand that CloudSIM ApS cannot be held liable for any actions taken by telecommunications operators or service providers.
17. Marketing
17.1 Customer Reference
CloudSIM ApS reserves the right to feature customers as references in its marketing materials. This may include descriptions of projects or collaborations with customers, along with links to CloudSIM ApS’s website and the customer’s website.
17.2 Usage of Business Characteristics
In utilizing customers as references, CloudSIM ApS may incorporate the customer’s business characteristics and trademarks to an extent necessary for promotional purposes. However, CloudSIM ApS ensures that such usage does not detract from the customer’s brand or business reputation.
17.3 Opting Out
Customers have the option to decline being used as a reference in CloudSIM ApS’s marketing materials. To exercise this option, customers can send a request to support@cloudsim.dk indicating their preference to opt out of reference usage.
18. Force Majeure and Other Circumstances
18.1 Force Majeure Events
CloudSIM ApS shall not be liable for any failure or delay in performing its obligations under these terms and conditions if such failure or delay is caused by circumstances beyond its reasonable control. These circumstances may include but are not limited to war, mobilization, riots, terrorist attacks, natural disasters, strikes, lockouts, or other events deemed as force majeure.
18.2 Technical Interruptions
CloudSIM ApS shall not be held responsible for interruptions or disruptions caused by factors beyond its control, such as viruses, hacking, spamming, crashes, or abnormal strain on IT systems or telecommunication networks.
18.3 Notification of Events
In the event of circumstances affecting CloudSIM ApS’s ability to fulfill its obligaions, CloudSIM ApS will make reasonable efforts to notify customers of any resulting delays or disruptions.
18.4 Cancellation Rights
If circumstances beyond CloudSIM ApS’s control persist, CloudSIM ApS reserves the right to postpone the delivery of services or cancel agreements with customers without incurring liability.
19. EU Roaming
On June 15, 2017, the EU’s new “Roam Like at Home” regulations came into effect.
This means that customers who travel periodically within the EU and have a stable connection to Denmark will have the same rates for calls, SMS, and data in the EU as they do in Denmark, provided they have an EU subscription.
However, the following limitations apply:
- If the customer is in Denmark and makes calls, sends SMS, or MMS to a foreign number, the customer will be charged based on usage. This is not included in the subscription.
- If the customer is outside Denmark but in one of the other 37 EU countries and makes calls, sends SMS, or MMS to a Danish or EU number, this is included in the subscription.
- Calls, SMS, and MMS to non-EU numbers are charged regardless of the customer’s location.
It is important for customers to check the price list to clarify the cost of calls, SMS, MMS, or data to or in foreign countries.
20. The 50% Rule: EU Roaming Usage and Surcharge Policy
To determine whether a customer is only periodically traveling in other EU countries, the provider monitors the customer’s data, including usage patterns and the network the customer is connected to, over a rolling 4-month period.
If, during this period, the customer spends more than 50% of their time abroad and over 50% of their total usage occurs abroad, the provider will apply a special usage charge (EU surcharge) on SMS/MMS, calls, and data.
Before imposing this surcharge, the provider will notify the customer. The customer will have a 2-week period to change their behavior (primarily by adjusting actual usage or spending more time in Denmark) to avoid the surcharge.
If the customer does not change their behavior, the provider will apply the special usage charge from the time the customer was first notified.
The same applies in cases where the customer’s SIM card remains inactive for extended periods and is primarily used for roaming, or if the customer has multiple mobile subscriptions and alternates between the subscriptions and their associated SIM cards primarily for roaming purposes.
21. Data Usage Limits and Charges for EU Roaming
If a customer’s subscription includes a data package with a specified number of GB, EU regulations set a cap on how much of that data can be used for EU roaming. For detailed information on the calculation of this cap, refer to Article 2(c) and Article 4.2 of the EU Regulation C(2016) 8784 (Commission Implementing Regulation (EU) 2016/2286 of December 15, 2016).
The provider may choose to allow more data usage than the cap permits and may offer additional data in certain countries over others.
If the customer reaches the EU roaming data cap, the provider will apply an extra charge until the customer uses the total amount of data included in their package. After this, any further data usage in the EU will be charged at the same rates as in Denmark.
Changes to prices and subscription terms will be announced on https://www.cloudsim.dk. Customers will be notified 30 days in advance of any changes, giving them the opportunity to terminate their subscription before the changes take effect. Changes that are beneficial to the customer, such as price reductions, may be implemented without prior notice.
22. Number Porting
Customers can transfer their existing phone number to CloudSIM under the following conditions:
- The customer must not have canceled or initiated cancellation of their subscription with another provider. Number porting cannot occur after the subscription has been terminated.
- As part of the porting process, the customer authorizes CloudSIM, through an electronic power of attorney, to request the transfer of their phone number from their current provider. In some cases, a signed paper authorization may be required. If this is the case, the customer will receive an email with the authorization form, which must be completed and returned to CloudSIM at support@cloudsim.dk.
Choosing a Porting Date
- Customer-Selected Date: Customers can select a specific date for the number transfer to CloudSIM. However, if the customer selects a date while still bound by a contract or notice period with their current provider, they may receive an additional bill for any unpaid subscription fees from the current provider.
- After Contract Expiry: Customers can opt to transfer their number to CloudSIM after their contract with the current provider ends. In this case, the transfer will occur once the customer is no longer required to pay the current provider, avoiding extra charges.
For business customers, the binding range may vary from 1 day to 36 months. Customers with subscriptions that do not have a binding period or notice period should be aware that their number may be transferred to CloudSIM as early as the next day. In such cases, the new CloudSIM SIM card may not arrive in time, as it needs to be shipped and delivered first.
Important Notes
- CloudSIM does not guarantee that the subscription will work on foreign networks if the customer is abroad on the date of the number porting.
- If the customer does not transfer their existing phone number, they will be assigned a number from CloudSIM’s number series. For technical or operational reasons, CloudSIM reserves the right to assign a new phone number to the customer. This does not entitle the customer to any compensation or reimbursement
23. Business Services
CloudSIM provides services specifically tailored for business customers. When placing an order, businesses must truthfully indicate their customer type.
CloudSIM reserves the right to deactivate numbers suspected of being used for purposes other than those declared.
