Terms of Service
1 Service Description
GateSIM is a service provided by Thinglabs Limited. GateSIM provides mobile network connectivity for GSM switches and intercom systems. GateSIM can be used to:
- Support gate access control to determine if the gate should be opened based on the Caller ID of a received incoming call to the GateSIM SIM. The inbound call is dropped once the Caller ID is registered by the GSM switch and is not answered.
- Communicate via a GSM intercom system whereby an outbound call is made to a national landline or national mobile number from the GateSIM SIM in the intercom system. The call is made outbound from the intercom fitted with a GateSIM SIM.
GateSIM provides voice, SMS and data services. Voice services are used to delivery the core functionality required for Caller ID access control and GSM intercom systems. SMS and data services are provided only for OTA (over the air) configuration of the access control and intercom equipment.
1.2 Mobile Data Access
GateSIM supports the mobile data technologies 4G (LTE), 3G and 2G (GPRS/EDGE). The effective mobile data technology depends on the available mobile network, the modem hardware capability and the modem configuration. In response to consumer and business demand for faster mobile speeds and greater bandwidth Thinglabs cannot guarantee 2G/3G networks will be available for years to come. Older generation service on a partner network may cease without requirement to provide notice to the Customer. Therefore Thinglabs recommends using 4G (LTE) capable devices over a long term perspective.
By default, data connectivity towards the Internet is provided. This is delivered via Network Address Port Translation (NAPT). The devices get an internal (private) IP address which is translated towards the Internet to be able to reach its destination. NAPT prevents mobile devices from receiving unwanted traffic from the Internet. The device must always initiate the session; this cannot be done by the server, once the session is established either the device or the server can send data.
For data calculation and billing purposes; 1MB (MegaByte) equates to 1024KB (KiloBytes). 1GB (GigaByte) equates to 1024MB.
1.3 SMS Services
SMS messages that are initiated by the mobile device, are called Mobile Originating SMS messages (MO or SMS-MO). SMS messages that are initiated by the backend of Customer application or another mobile device are called Mobile Terminating SMS messages (MT or SMS-MT).
Voice calls that are initiated by the mobile device, are called Mobile Originating Voice Calls (MO or Voice-MO). Voice calls that are initiated by the backend of Customer application or another mobile device are called Mobile Terminating Voice Calls (MT or Voice-MT). Voice is delivered as a circuit switched service.
1.5 Network Maintenance
Thinglabs and its carrier partners strive to maintain the highest standards for availability, reliability and security as set forth by the telecommunications and software-as-a-service industries. Interruption due to maintenance will be kept to a minimum and, where possible, will have no service impact for GateSIM customers. Advanced notice will not be provided to customers where a scheduled or unscheduled network intervention is required.
1.6 SIM Card
GateSIM consists of ‘business grade’ plastic SIM cards. The Business Grade SIM card is a SIM card with normal durability, it is applicable for usage in regular mobile handsets by end-consumers and in Machine-to-Machine devices which are not deployed in challenging conditions. The SIM cards are provided without PIN code.
- The Business Grade SIM card is based on a standard chip;
- Card body is made of ABS technology which is a tough impact resistant plastic;
- Temperature range: -25 to +70°C;
- Available with the form factors:
- 2FF (Mini)
- 3FF (Micro)
- 4FF (Nano)
- Triple-cut - combined with 'pop-out' 2FF/3FF/4FF sizes
By default, SIM cards aimed at the Irish market are provided as ‘triple-cut’ (2FF/3FF/4FF) and SIM cards aimed at the UK market are provided in 2FF format. Where this is not suitable, Thinglabs should be contacted in advance of ordering.
1.7 Billing Process
GateSIM is provided on a monthly or annual subscription basis. The service charge is paid in advance and customers will the sent renewal notifications by email at least 3 days before renewal is due.
The minimum term is one year on the annual packages or one month on the monthly packages.
Subscriptions may be changed or cancelled at any time via the online GateSIM billing management portal. Package upgrades will take effect immediately. Package downgrades or cancellations will take effect at the next subscription renewal date.
Setup charges are typically once-off and only apply at the start of a new subscription.
Add-on charges may be once-off or recurring, depending on the add-on type.
SMS are charged per SMS for SMS-MO and SMS-MT. Data is charged per KB. 1024KB per MB, 1024MB per GB. Voice usage is charged per minute.
Payment is by credit or debit card and is managed via the GateSIM billing management portal.
1.8 Fair Usage and Subscription Allowance
Each subscription has an allowance of voice minutes, SMS and data which can be used within Ireland and/or UK over a specific period of time. If a customer exceeds the subscription allocation, Thinglabs may:
- Automatically charge an add-on bundle to cover the excess usage, and/or
- Automatically suspend the GateSIM SIM to prevent futher usage, and/or
- Terminate the GateSIM subscription.
Package usage allowances:
- GateSIM Access Control - 240 SMS per year, 240MB data per year
- GateSIM Intercom Lite - 240 SMS per year, 240MB data per year, 720 minutes voice per year
- GateSIM Intercom Pro - 480 SMS per year, 600MB data per year, 1,920 minutes voice per year
- GateSIM Monthly (legacy) - 20 SMS per month
- GateSIM Annual (legacy) - 20 SMS per month
Suspension or Termination of the GateSIM service because of usage outside of bundled allowance(s) does not automatically entitle the customer to a refund of charges.
Subject of Agreement
2.1 This Agreement lays down the terms and conditions applicable to the GateSIM service to be provided by Thinglabs.
2.2 The conditions of purchase or any other conditions of customers and/or third parties shall not apply under any circumstances whatsoever. Thinglabs’ signature or acceptance (tacit or otherwise) of any documents of customers and/or third parties declared subject to such conditions shall not constitute acceptance of such conditions.
3 Terms and Termination of Agreement
3.1 This Agreement shall commence on the Order Date and shall remain in force for at least the minimum term of the package selected per each GateSIM subscription.
3.2 This Agreement and the associated specific GateSIM subscription(s) may be terminated by cancelling the subscription(s) via the GateSIM billing management portal or in writing to Thinglabs before expiration of the subscription term set out for that subscription in the online product description. If notice of termination executed via the GateSIM billing management portal or is not given in writing and in good time, the term shall be tacitly renewed for successive periods (annual or monthly depending on the applicable subscription.
3.3 All subscriptions shall have a minimum term as stipulated in the relevant online product description and will thereafter be extended for an open-ended term.
4 Standards Compliance, Network Developments and Service Maintenance
4.1 The technical properties of the Service or Network may be changed by Thinglabs or telecommunication Carriers in order to continue to meet current requirements and the latest technological requirements.
4.2 Thinglabs will use reasonable efforts to ensure the provision of Services in accordance with applicable standards and technology standards. Thinglabs shall give notice to the Customer if, as a result of a change in applicable standards, technology standards and/or a change in the laws and regulations applicable to the Thinglabs, Thinglabs is unable to provide the Services in an unaltered manner to customer(s) and/or without the assistance of the customer is unable to provide the Services in an unaltered manner to the customer. The notice shall give details of the issue concerned and the activities to be undertaken by the Customer in order to ensure provision of the Service by Thinglabs. If the Customer, for whatever reason, is unable or unwilling to provide the required assistance, Thinglabs may, without prejudice to any contractual or statutory termination rights, unilaterally change the (relevant parts of the) Service and/or terms and conditions to ensure provision of the Service by Thinglabs.
4.3 Customer agrees to use the Mobile Station International Subscriber Directory Number (MSISDN) that is assigned to the Connection only in compliance with the usage assigned to this number.
4.4 Parties acknowledge that as it relates to the Services, the possibilities for building up GSM connections and the quality and properties of GSM connections cannot be the same in all places at all times. The differences may depend, among other things on, the radio coverage of the Network being used (which can be affected by, among other things, the location of the customer hardware in a building, the quantity of telecommunications traffic and atmospheric conditions).
4.5 In data telecommunications the transport of information takes place wholly or partly through the air. The Customer accepts that transported information can be received by parties other than those for which it was intended.
4.6 Thinglabs will use its best efforts to provide the Service with as little disruption as possible. However it is technically impossible to prevent all malfunctions or other limitations to the use of the Service. Liability for the non-functioning or not proper functioning of Services only exists within the limits of the applicable terms and conditions. Shortcomings of other providers of networks and services to which the Network is directly or indirectly connected are not attributable to Thinglabs.
5 SIM Cards
5.1 Thinglabs provides the customer with SIM card(s). Unless otherwise agreed in writing, the licensed telecommunication carrier remains owner of the SIM card(s).
5.2 The Customer must take all reasonable measures to protect a SIM card against unauthorized use, theft or damage. The risk of loss, theft, damage, usage and misuse of SIM cards is transferred from Thinglabs to the customer at the moment of shipment delivery to the Customer’s premises or when delivered to a destination indicated by the Customer.
5.3 Thinglabs or its Telecommunications Carrier partners are entitled to change a SIM card provided to the Customer in connection with a change of technical properties or legal requirements (by virtue of law or as a result of specific regulatory obligations) in connection with the SIM card concerned. Thinglabs is also entitled to change the technical properties or settings of a SIM card provided to a customer remotely. All costs with regard to any assistance provided by customer requested by the Thinglabs in connection with the foregoing shall be borne by customer.
5.4 The SIM card security codes must not be disclosed to unauthorized third parties and may not be kept on or in the immediate vicinity of the SIM card. The Customer shall obey any reasonable instructions coming from Thinglabs or its suppliers, related to the use of a SIM card, in case of alleged fraud, possible misuse etc.
5.5 If a subscription has been terminated and is no longer required by the customer then the SIM card related to this subscription must be returned to Thinglabs or destroyed.
5.6 Thinglabs does not warrant that the SIM cards will be uninterrupted or error free nor does it make any warranty as to the results that may be obtained from the use of the SIM cards. The SIM cards are provided “as is” and Thinglabs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
5.7 If during the production process the SIM card cannot be activated as a result of Dead On Arrival (DOA), Thinglabs will replace the SIM card free of charge. Thinglabs must be notified within one month after the DOA has been detected. If the SIM card malfunctions after the production process, Thinglabs may replace the SIM card upon request of the customer, subject to a fee for issuing a new SIM card.
5.8 In case a SIM card is continuously active on a third party mobile network, and if such activities are not acceptable to the associated network operator and/or local regulator, Thinglabs shall inform Customer of this. If Thinglabs is not able to remedy the constraints raised, Thinglabs may terminate or change the provision of services wholly or in part, subject to 30 days prior notification, unless this is not reasonably possible. Parties acknowledge that Thinglabs in connection with the foregoing cannot bear the risk of a corresponding disconnection. For the avoidance of any doubt, a continuous roaming SIM card means a SIM card that roams, or is active on third party mobile networks, for more than 90 continuous days.
6 Number Allocation and Retention
6.1 Thinglabs or its Network Carrier partners are entitled to change a number in the case of changes in a national number plan, changes in the number allocation by the relevant authority, changes in a Service and/or a Network, or in other cases that make a number change necessary.
6.2 Thinglabs will not implement a number change on the grounds of the aforementioned paragraph until two Months after the change has been announced, unless an earlier change is necessary given the circumstances.
7.1 Unless otherwise stated, the SIM fee paid by the Customer will not include charges such as (but not limited to): customs charges, priority charges, small batch charges, delivery charges etc.
7.2 The Customer is responsible for all use made of his Connection, even if this is without his permission, consent or knowledge. All traffic costs incurred and other costs arising out of the use of the Connection are to be borne by the Customer.
7.3 Thinglabs is entitled to amend the prices, charges and tariffs. Amendments will come into effect four weeks after the date the announcement is sent or at a later date specified in the announcement, unless a different statutory term is required, which will be followed in that case. If the customer refuses to accept an amendment, resulting in an increase to the charges and/or tariffs that apply to a Service it has Ordered or purchased, it may terminate the Order for that Service in writing as of the date on which the new charges or tariffs take effect. The right to terminate does not apply with regard to statutory amendments of any applicable roaming charges. The notice of termination has to be sent by the Customer by registered mail and must be received by Thinglabs before the date on which the amendment takes effect.
7.4 Customer has been made fully aware by Thinglabs of the applicable EU regulation concerning roaming charges. Parties agree that in specific deviation of these regulations, Customer shall not receive a SMS notification of the applicable roaming tariffs when crossing borders within the EU and/or outside the EU.
EU Regulation No. 544/2009 (the “Regulation”) requires that customers are kept adequately informed of the charges that will apply when using data roaming services so that customers are able to monitor and control how much they spend when using mobile data services abroad. In choosing to accept the Supplier service, the Customer accepts that with regard to SIM cards it will automatically “opt out” of EU data roaming usage financial limits and message alerts. By opting out this means that your SIMs will have unrestricted Data Roaming access, SIM data roaming thresholds will not be enforced and data usage alerts or threshold warning notifications will not be sent to SIMs while roaming.
7.5 Package plan changes during the subscription period will go into effect immediately where the package upgrades the included allowance and at the end of the subscription period where the package downgrades the included allowance.
8 Payment and Billing
8.1 The purchase of SIM cards will be invoiced when the order is placed and at monthly or annual renewal intervals, depending on plan type, after that. For all other Services, Thinglabs will send an invoice to the Customer containing the amounts payable by the customer for any excess usage outside of allowance, or other usage based or add-on fees that have fallen due in the subscription period. Each invoice will specify, in reasonable detail, a description of each charge or category of charges.
8.2 The fees stated in the invoice will be paid by the Customer in full upon receipt of the invoice, by credit or debit card. This will happen automatically using the credit or debit card associated with the customer’s subscription.
8.3 As long as payments have not been made by the Customer with respect to one or all items on the invoice, Thinglabs is entitled to refuse any new order placed by the customer and Thinglabs is entitled to suspend existing services to the customer or terminate the contract in accordance with the relevant provisions in the Terms and Conditions.
8.4 If Customer is located outside the Republic of Ireland or pays from a Credit/Debit Card outside the Republic of Ireland, Customer shall bear all bank fees. No bank or Credit/Debit Card charges may be deducted from any amounts payable by the Customer.
9.1 The Customer is not permitted to misuse a Connection and/or Service directly or indirectly, for example (but not limited to) by carrying out activities:
- that, contrary to the intention of the Service, limit the amounts owed to Thinglabs by the Customer or a third party;
- that cause malfunctions in Services, Networks and/or other (computer) networks or telecommunications infrastructures, or that cause a nuisance to them or unforeseen use of them;
- that harass or threaten third parties or that intrude upon their private lives in some other way;
- that conflict with the applicable legislation and regulations, including the national number plans;
- that infringes the intellectual property rights of third parties.
If in Thinglabs opinion, it is necessary, Thinglabs may immediately take the GateSIM SIM out of a service wholly or in part.
10 Term, Termination, Early Termination and Dissolution
10.1 The Agreement shall come into effect on the order date or activation date (whichever is earlier) and continue in force for the term/period of the selected package. The Agreement shall be tacitly renewedon expiry of the package term for another term matching that of the package the customer is on or switches over to at the end of the previous term. Subscription cancellation takes effect from the end of the current package term, or unless Thinglabs terminates the subscription by giving 30 days written notice.
10.2 Thinglabs shall at all times be free to terminate any part of the Services upon 30 (thirty) calendar days written notice if Thinglabs is – for whatever reason – no longer able to render the Services.
10.3 The termination or dissolution by a customer of any subscription shall be carried out by means of a written statement to that effect either by registered post mail, or by confirmed e-mail, or via the GateSIM billing management portal.
11 Customer Hardware
11.1 The Customer shall be responsible for obtaining and maintaining any Customer Hardware and any other equipment and ancillary services needed to connect to, access or otherwise use the Service, unless that hardware and/or maintenance is specifically provided by Thinglabs.
11.2 The Customer shall insure that the Customer Hardware shall meet the statutory requirements and industry standards. The consequences, including possible financial consequences, of using devices that do not meet these requirements are at the expense and risk of the Customer. Customer Hardware can have different functionalities, which can have implications for the use of options of Services.
11.3 The Customer shall also be responsible for maintaining the security of the Customer Hardware, Customer account, passwords (including but not limited to administrative and user passwords) and files, and the Customer shall be fully responsible for all uses of Services (and all associated charges), with or without Customer’s knowledge or consent and whether or not authorized by Customer.
11.4 Thinglabs requires that the modem in all Customer Hardware to be used with a SIM card must be GCF certified (Global Certification Forum). Thinglabs may require Customer to adhere to further requirements regarding the device software. Thinglabs shall inform the Customer of such further requirements if appropriate. Customer is at all times responsible for ensuring hardware is certified.
11.5 If a Connection has been Suspended, the customer is responsible for the subsequent behaviour of the customer Hardware in relation to possible traffic or (mobile) usage. If the hardware continuously attempts to reconnect to the Network, Thinglabs shall inform customer of this. The customer shall remedy this situation within one calendar month of the notification. Should the customer fail to remedy the situation, then Thinglabs will be entitled to charge the customer the monthly bundle fee applicable to the connection which has been terminated. This fee will be increased with 10% per subsequent month until the situation is remedied by customer.
12 Processing of Personal Data
12.1 Parties shall grant each other all cooperation required to enable the other Party to fulfil its obligations under the General Data Protection Regulation (GDPR).
12.2 If personal data is processed, Thinglabs hereby undertakes to comply with the provisions of GDPR and, among other things, to process the personal data provided by Customer in a proper and careful manner in its capacity as a ‘processor’ within the meaning of the Personal Data Protection Act. Thinglabs shall only process the personal data if instructed to do so by Customer and shall properly secure them and take technical and organizational measures to prevent any form of unauthorized processing. In addition, Thinglabs shall enable Customer to monitor compliance with the obligation to adequately secure the data, and shall immediately report any security incidents to Customer.
12.3 If a person concerned exercises his/her right to have his/her data corrected, deleted or blocked, Thinglabs shall correct, delete or block the data in consultation with and with authorization from Customer, or Thinglabs shall forward the request of the person concerned if Thinglabs is unable or not contractually authorized to make the requested changes.
12.4 Following termination of the Agreement, Thinglabs shall, if requested by Customer, return to Customer any documents it has received and shall, after having obtained prior authorization, undo all processing operations and/or delete all deliverables and data files relating to the contractual relationship, in a manner that meets the requirements applicable to an adequate level of data protection. In addition, Thinglabs shall do the same with all test results and waste materials and any back-ups created.
13 Other Provisions
This Agreement constitutes the full and complete written record of all that has been agreed between Parties with respect to the contents of this Agreement. Any additions and/or amendments to this Agreement shall only be binding if agreed in writing.
If any provision or part of a provision made in this Agreement is or becomes illegal, invalid or unenforceable in any respect, then the surviving provisions or the valid part of the invalid provision shall remain fully in force and enforceable, without any consequences for the other obligations of Parties. In addition, the illegal, invalid or unenforceable provision shall be replaced by a legal, valid and enforceable provision that as far as possible has the same legal and commercial purport.