Description of Services

This Description of Services forms an integral part of the Agreement and sets forth the description, availability and applicability of Services, application of charges and other information that applies to each of the Services. For the avoidance of doubt and unless otherwise is expressly stated, this Description of Services does not apply to any business services rendered by the Company, which are governed by separate terms and conditions.

  1. DEFINITIONS

    "Account" means a Customer’s account, which is identified by the Customer’s information entered during registration as provided in section C below, and which contains the Customer’s balance;

    "Agreement" means the terms and conditions of Services set out collectively in the Terms and Conditions, this Description of Services and in the Privacy Policy;

    "APN" stands for an access point name and means an identifier of mobile network and/or operator that needs to be configured for the ease of network connection. APN can be configured either automatically by the mobile device or manually by the Customer;

    "Company", means MTX Connect S.a.r.l. and/or any of its affiliates, subsidiaries, parent companies involved in providing the Customer with the Services;

    "Company App" means the Company’s application, “MTX Connect mobile internet”, available to download from Google Play Store or Apple Appstore;

    "Customer" means a user of the Services;

    "MMS" stands for a multimedia messaging service and means a type of communication that includes a multimedia content such as images, video or audio files, long text messages exceeding the limits of SMS, etc.;

    "Permanent Roaming" means the use of Services within the same country for more than 60 (sixty) cumulative days within any 4 (four) consecutive months’ period;

    "Services" mean the telecommunication services provided by the Company as more specifically described herein. The Services may not be available in all locations;

    "SMS" stands for a short message service and means a text message communication via mobile networks;

    "SIM Card" means, as the case may be, either:

    - a physical SIM card manufactured upon request of and in accordance with requirements of the Company; or

    - an eSIM, a downloadable SIM profile that is remotely provisioned on a compatible Customer’s mobile device,

    which is designed to facilitate internet access on the territory, at the price of and under the terms and conditions as are set out in the Agrement;

    "SMS Number Service" means the telecommunication service provided by the Company that allows the Customer to subscribe to the use of a mobile phone number (“SMS Number”) from the territories listed on the Website for the sole purpose of accepting incoming SMS on that SMS Number. The SMS Number Service does not replace a land line or mobile phone line and, cannot be used for contacting and receiving notifications from emergency services and cannot be used for making or receiving phone calls and sending SMS;

    "UMTS (3G)" stands for a universal mobile telecommunications system and means a third generation of mobile networks (3G);

    "USSD" stands for an unstructured supplementary service data and means a mobile communication protocol used for specific communications with operator’s computers;

    "Website" means the Company’s website www.mtxc.eu.

    Any reference to a business or working day means any day from Monday to Friday, which is not a public holiday in the Grand Duchy of Luxembourg.

  2. DESCRIPTION AND AVAILABILITY OF SERVICES

    A SIM Card can be used for access to Internet only (data usage). No other types of communication (such as voice calls, SMS, MMS or USSD) can be made with a SIM Card. In case of SMS Number Service, a SMS Card allows to accept the incoming SMS.

    SIM Card only works on devices that: support at least the UMTS (3G) technology; are unlocked; can use the "internet" APN; compatible with the Company’s network; and must not interfere with the Company’s Services. To use an eSIM the Customer’s device must be compatible with an eSIM standard. For device configuration, please read the FAQ section on the Website.

    SIM Card is not pre-loaded with data and a balance must be recharged in order to activate the SIM Card.

    Physical SIM Card can be ordered on the Website by filling out an order form and will be sent by post to the address indicated by the Customer.

    The Customer may get an eSIM by either:

    - Ordering it on the Website by filling out an order form. The Customer will then receive a QR code to the email address he/she indicated in the order form. To install the eSIM the Customer needs to have an access to internet (for example, through a public WiFi at the place of departure) and must follow the instructions on his/her device; or

    - Downloading the Company App from Google Play Store or Apple Appstore and installing the eSIM through such application, ONCE THE eSIM IS INSTALLED ON ONE DEVICE IT CANNOT BE RE-INSTALLED TO ANOTHER DEVICE.

    The Customer shall be fully responsible for the use of a SIM Card and under no circumstances shall the Company be liable for any loss, expenses or damages incurred or suffered by a Customer resulting from the Customer’s use of the SIM Card.

    SIM Card may only be sold to persons of 18 years old and above.

    The Customer may purchase online, in advance and 24 hours a day, 7 days a week, the data capabilities to enable Internet access in the countries where the Company Service is provided.

    For an up-to-date listing of the jurisdictions and countries in which the Services are available, please check the Website.

  3. ACTIVATION AND ACCESS

    Before starting to use the Services, the Customer needs an internet connection (for example, a public WiFi at the airport of departure) to activate the SIM Card, to make a first top-up of the Account and to choose the desired plan. Therefore, it is recommended to do so before travel to other destinations so the Customer could enjoy the Services upon arrival.

    To access the Services, a Customer must have a SIM Card inserted in, or an eSIM installed on, a mobile device that meets the criteria set out in section B above.

    To activate a Service the Customer must follow the instructions listed on the Website or in the Company App.

    Account is identified by the email address supplied by the Customer during the SIM Card activation.

    In order to use the Services, there must be a sufficient balance on the Account to cover the cost of the Service.

    As the Customer uses the Services, the Account will be debited accordingly.

    A data session in progress will be terminated when the balance available on the Account drops to zero. In that case the Customer will still be able to access the Website in order to increase the Account balance.

    While using the Services, certain mobile phone features may not be available throughout the entire network or their functionality may be limited.

    All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. Not all Services are available with all mobile devices or on all networks.

    The Customer has no ownership rights to any telephone number, IP address or any other identifier associated with the Service.

    Upon activation, SIM Card will expire after 18 months from the last successful top-up or the date of last service activation, whichever is later.

  4. RATES AND CHARGES

    A current list of Services and the applicable rates and charges is available at the Website.

    The rates are based on per day charge, per data bundle charge, or on volume of traffic (megabytes), which is to be consumed by the Customer. Volume-based traffic and data bundle (pay-as-you-go) plans are rounded up in 10KB increments at the end of each session. Data exceeding the amount included in a packaged data plan will be charged on a per-megabyte basis at the applicable per-megabyte rate specified on the Website. A package activation fee will be charged against Account balance at the time of data package activation. The packaged data plan is valid for its designated number of days after which it is expires. All times are local for the place of Service usage.

    For per-day plans, the following billing terms apply:

    • Service time will start at the local time of activation of the Service and will end after 24 hours since the said time of activation.
    • Service fee will be charged against Account balance at the time of Service activation.
    • if per-day plan doesn’t contain data usage cap it is considered an “unlimited” plan.

    Data transmitted over Wi-Fi does not count against data usage.

    Additional taxes may apply in some jurisdictions.

    Unless specifically noted otherwise, all rates and pricing are listed in EUR in net amounts.

    The Customer is responsible for checking the applicable rate, before using the Services. Charges for ordering a physical SIM Card may include a delivery fee to cover shipping and handling costs.

  5. AUTHORIZED USE

    Services may only be used for the access to Internet, intranets, or other data networks to the extent permitted by the device’s native applications and capabilities.

    Services may not be used for certain unauthorized uses, such as, without limitation:

    (I) automated text or picture messaging to another mobile device or e-mail address; or

    (II) uploading, downloading or streaming of uninterrupted continuous video; or

    (III) server devices or host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer file sharing; or

    (IIII) as a substitute or a backup for private lines or dedicated data connections rendered by duly authorized local operators; or

    (V) for Permanent Roaming.

    A Customer engaged in any unauthorized use of Services may have his/her Service throttled and/or terminated. IN CASE OF PERMANENT ROAMING, THE SIM CARD WILL BE BLOCKED WITHOUT PRIOR WARNING.

    The Company reserves the right to limit throughput or amount of data transferred and to deny or terminate the Service to anyone the Company believes is using their Service in an unauthorized manner or whose usage, in the Company’s sole discretion, adversely impacts a network or customer service levels.

    The Company may modify, suspend, terminate or cancel any Service or take corrective action at any time without prior notice and for any reason, including, but not limited to, due to Customer’s violation of this Agreement.

  6. SERVICE AVAILABILITY

    The Company does not guarantee the availability of Services in any area at any time and reserves the right to modify, suspend, interrupt, discontinue, reduce the data throughput speed or the amount of data transferred, or permanently cancel Services, or portions thereof, without notice.

    Services are not available in analog service areas or outside of network coverage area. Network coverage area and network operators may be subject to change from time to time, without prior notice. Network speeds and availability are subject to, without limitation: the Company’s network coverage; visited operator’s and/or government’s restrictions; the Customer’s mobile device model; residency of the Customer or his/her strings attached to a particular country, that may affect the Permanent Roaming restrictions; technical aspects of network functioning such as scheduled maintenance or network failures. The Company is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Services or for any failure to receive web content purchased using Services. If the Services are modified, interrupted, discontinued or canceled, the Company will NOT refund any remaining used or unused Services. Any cancellation or attempted cancellation or any interruption of a data download for whatever reason may incur a charge in accordance with the Agreement.

    Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Company does not warrant that the Services will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. The Customer expressly agrees and acknowledges that the use of Services is at his/her own sole risk and that the Customer may be exposed to content from various sources that may be harmful or malicious.

    The Company is not responsible for the content of any and all communications transmitted through the Services.

  7. TOP-UPS

    The Customer may replenish the Account through the Website.

    Any prepayment will be charged to the payment instrument that the Customer provides when the balance top-up is made. In case of recurrent payments, after the initial purchase of the Service, future Service purchases will prompt the Customer to either use the existing payment instrument on file, or to provide new or alternative payment instrument information. The Company will provide the Customer with an e-mail confirmation each time when the prepayment is credited to the Account.

    All payments must be made in Euro, with a minimum of installment of €10.

  8. CUSTOMER SERVICE

    If the Customer has any questions, concerns or complaints about the Services, he/she may contact the Company Customer Service Center by e-mail at [email protected]. The Company Customer Service Center is open on working days during standard business hours (Central European Time). The Company will attempt to reply to all Customer enquiries as soon as possible, it should be allowed up to 48 hours for a reply.

  9. EMERGENCY CALLS

    The Company doesn’t provide any emergency call services (such as 911, 112 and similar local emergency numbers). For any emergency the Customer must locate the nearest landline phone and call for help.

  10. SMS NUMBER SERVICE

    SMS Number Service may be provided by the Company or its third-party number suppliers and/or their respective service providers (collectively, “Administrators”). In case of using the third-party Administrators, their terms and conditions would be published on the Website.

    The SMS Number will be allocated to the Customer based on availability and legal permissibility. No Administrator guarantees that the SMS Number Services will be available to the Customer or a requested SMS Number can be allocated to the Customer. The allocation of a SMS Number to the Customer does not constitute any transfer of title, ownership, license or other rights with regard to the SMS Number. The Customer has no right to retain the SMS Number.

    No Administrator shall be held liable for any damages resulting from a SMS Number allocation or change. The Administrators may, without any liability, refuse, de-allocate or terminate any SMS Number at any time.

    The SMS Number Service is intended for a personal use only. The Customer agrees not to transfer, resell, lease, license or otherwise make available the SMS Number to third parties.

    Payments for the SMS Number Service are made on a yearly recurring payment basis. The SMS Number Service is a subscription-based and will automatically renew until the Customer cancels it. The SMS Number Service must be canceled at least three days before the renewal date to avoid being charged for the next billing cycle. Prior to the expiration of SMS Number Service, the Customer needs to ensure that the Account balance is sufficient for the renewal of SMS Number Service. Otherwise, the SMS Number Service will expire and the SMS Number will be terminated.

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