Terms & Conditions

Your attention is particularly drawn to the provisions of clause 13 (Limitation of liability).

1 INTERPRETATION

The following definitions and rules of interpretation apply in these Conditions.

1.1 Definitions:

Conditions: these terms and conditions.

Contract: the contract between you and RoamingExpert for the supply of Service as set out in the Contract Details and governed by these Conditions.

Customer or you: the person who purchases the Services from RoamingExpert, named in the Contract Details.

Customer Equipment: mobile devices, hardware or other equipment used by you for receipt or use of the Services, which is not supplied by RoamingExpert to you.

Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR, the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426).

Deposit: has the meaning given in clause 6.4.

Deposit T&Cs: the Yacht Crew Deposit Terms and Conditions available at RoamingExpert.yachts/deposit terms and conditions which are incorporated by reference into these Conditions under clause 2.1.

Force Majeure Event has the meaning given to it in clause 14.

Intellectual Property Rights: patents, utility models, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Partner Network: the relevant mobile network operator or wireless communications service provider, as set out in the Contract Details.

RoamingExpert: RoamingExpert.com Limited registered in England and Wales with company number 08016744.

Service Charges has the meaning given in clause 6.1.

Services: the services supplied by RoamingExpert to you, as set out in the Contract Details.

UK GDPR has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

Working Day: any day except a Saturday, Sunday or a day on which the banks are not open for business in London.

Interpretation:

A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

A reference to a party includes its personal representatives, successors and permitted assigns.

A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.

Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

A reference to writing or written includes email but not fax.

2 CONTRACT TERMS AND CUSTOMER STATUS

2.1 These Conditions, together with the Deposit T&Cs (which are incorporated into these Conditions by reference) apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2 Any other Services provided to you by RoamingExpert that are not stated in the Contract Details shall, except where otherwise agreed by the parties in writing, be governed by these terms.

2.3 Contracts are available for business customers but can be used by consumers. You shall be considered a consumer if you purchase Services for personal purposes wholly or mainly outside your trade, business, craft or profession. By entering the Contract , you confirm that:

(a) you are not doing so as a business customer and if required as a consumer (as described in this paragraph 2.3); and

(b) (where applicable) you have the authority to bind any business on whose behalf you enter a Contract.

3 SUPPLY OF SERVICES

3.1 RoamingExpert shall supply the Services to you:

(a) as set out in the Contract Details;

(b) from the Services Start Date; and

(c) using reasonable care and skill.

3.2 Bill limits

(a) Except where otherwise agreed between the parties, RoamingExpert reserves the right to impose a monetary cap on your monthly bill spend in respect of any given number or SIM card supplied, for costs incurred by you on that card or number (excluding line rental) (Bill Limit). If RoamingExpert wishes to exercise this right, RoamingExpert shall agree with you the Bill Limit amount.

(b) Where your airtime or data spend in a given month exceeds the Bill Limit, RoamingExpert shall notify you and affected telephone number or SIM card will be temporarily barred to prevent the incurring of further charges.

(c) Where any temporary bar is imposed under clause 3.2(b), RoamingExpert may, in its absolute discretion, but with your agreement and at your sole cost:

(i) increase your deposit in respect of the telephone number or SIM card; or

(ii) increase the Bill Limit, and you shall accept any increase in Service Charges.

Where the Bill Limit is imposed by a Network Partner, RoamingExpert shall use reasonable endeavours to procure the increases set out in this clause 3.2(c).

(d) Once agreement under clause 3.2(c) is confirmed in writing, RoamingExpert shall cease the temporary bar. You shall be liable for any costs or charges incurred by RoamingExpert as a result of the actions taken to cease the temporary bar and RoamingExpert shall issue an invoice to you for all such costs.

(e) If you and RoamingExpert do not reach agreement under clause 3.2(c), the telephone number or SIM card shall remain barred by RoamingExpert until the first day of the next calendar month.

3.3 Telephone number allocation

(a) RoamingExpert shall allocate telephone numbers to you.

(b) You may request that RoamingExpert ports a mobile telephone number that RoamingExpert has allocated to it. RoamingExpert shall, where permissible by law, transfer the relevant number to your chosen Partner Network upon receipt of such notice.

(c) Solely where required to ensure that RoamingExpert complies with applicable laws and regulations, RoamingExpert may at any time during the term of the Contract alter, withdraw or reallocate allocated telephone numbers.

4 SUPPLY OF SIM CARDS

4.1 RoamingExpert shall dispatch any SIM card to the address you supply when placing your Deposit or such other location as you may be notified to RoamingExpert (each a Delivery Location). The cost of delivery shall be invoiced to you and is not deductible from any Deposit you have paid.

4.2 If RoamingExpert fails to deliver a SIM card, you may demand re-delivery. RoamingExpert shall not be liable if it fails to deliver any SIM card due to a Force Majeure Event or your failure to provide adequate delivery instructions.

4.3 The risk in the SIM card shall be passed to you on completion of delivery. Ownership of the SIM card shall pass to you once RoamingExpert receives payment for it in full.

4.4 RoamingExpert shall use reasonable endeavours to pass on to you the benefit of any warranties it has received from the SIM card manufacturers.

4.5 If you discover a defect in a SIM card during the manufacturer’s warranty period, you must notify RoamingExpert immediately and follow the manufacturer’s repair or replacement process. These Conditions shall apply to any repaired or replacement SIM card supplied by RoamingExpert.

5 CUSTOMER’S OBLIGATIONS REGARDING SERVICES

5.1 You acknowledge that the Services are operated under licence and by agreement with RoamingExpert’s Partner Networks and that your failure to comply with this clause 5 will constitute a material breach of this agreement and may constitute a breach of any third party consents or licences granted pursuant to the Contract.

5.2 You shall

(a) ensure that the details set out in the Contract Details are complete and accurate;

(b) ensure the compatibility of any Customer Equipment with the Services;

(c) co-operate with RoamingExpert in all matters relating to the Services and treat RoamingExpert staff and personnel with the level of respect and courtesy expected of a commercial business relationship. No obscene, discriminatory or insulting language or threatening behaviour towards RoamingExpert personnel or representatives shall be tolerated;

(d) use the Services solely for your own commercial or business use not re-sell, re-supply or otherwise distribute the Services;

(e) inform RoamingExpert immediately upon becoming aware of any suspected or actual unauthorised use of the Services and take all steps necessary to prevent such use;

(f) comply with all applicable laws, regulations, codes and guidelines, including but not limited to:

(i) the Data Protection Legislation;

(ii) the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code); and

(iii) any Telephone Preference Service opt-out notification;

(g) not use the Services for any purposes which:

(i) may be illegal, fraudulent, abusive or a nuisance, nor communicate or knowingly receive content which is abusive, indecent, defamatory, obscene, menacing, unlawful or a nuisance;

(ii) causes annoyance, inconvenience or needless anxiety within the meaning of the Communications Act 2003, nor send spam or unsolicited communications without the receiver’s consent; or
(iii) would or could impair the performance of any Partner Network(s); or
(iv) would or could infringe the Intellectual Property Rights of RoamingExpert or any Partner Network(s).

(h) comply with any additional obligations as notified to you by RoamingExpert, including any applicable fair use policy issued from time to time.

6 CHARGES AND PAYMENT

6.1 The cost of the Services (Service Charges)shall be as set out in the Contract Details.

6.2 Except where otherwise agreed by the parties in writing:

(a) RoamingExpert shall invoice you each month for:
(i) line rental for the current month; and
(ii) data and/or airtime usage for the previous month.

6.3 You shall pay each invoice submitted by RoamingExpert on or before the final Working Day of the calendar month [in which the invoice was issued in full and cleared funds to a bank account nominated in writing by RoamingExpert. Time for payment shall be of the essence of the Contract.

6.4 Deposit: You paid a deposit of £50.00 upon registering for the Contract via the RoamingExpert website (Deposit). In accordance with the Deposit T&Cs, your deposit shall be retained by RoamingExpert for the term of the Contract. The Deposit T&Cs contain details of:

(a) how to request a refund of your deposit at the end of the Contract;

(b) the deadline for making a request for a refund of your deposit; and

(c) the circumstances in which RoamingExpert may deduct sums from any such refund.

6.5 Price increases: RoamingExpert may increase the Service Charges from time to time, by giving notice to you, to reflect any increase in the cost to RoamingExpert of supplying the Services that is due to:

(a) any increase in charges made to RoamingExpert by its third party providers (including Partners Networks), by a sum equal to the increase. Without limiting the generality of the foregoing, in line with relevant Ofcom regulations, RoamingExpert reserves the right to increase the Service Charges in line with its Partner Networks and wider UK mobile network providers. As at the date of this Contract, RoamingExpert’s Network Partners typically increase their prices annually by the rate of inflation under the Consumer Prices Index (CPI) or the Retail Prices Index (RPI), plus an additional 3.9%. The annual increase usually takes effect on or after 31 March of each year. RoamingExpert shall notify you of any such increases made known to it by a relevant Partner Network and shall pass on such increases to you by the same rate and at the same time;

(b) any factor beyond the control of RoamingExpert (including increases in taxes and duties);

(c) any changes directly imposed or caused by applicable law.

6.6 All amounts payable by you under the Contract are exclusive of VAT or all such other local sales tax applicable in the jurisdiction from which you place your order (or the jurisdiction of your delivery address) from time to time.

6.7 If you fail to make a payment due to RoamingExpert under the Contract by the due date, then, without limiting RoamingExpert’s remedies under clause 8 (Term, Termination and Suspension), you shall be liable to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 6.7 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

6.8 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7 INTELLECTUAL PROPERTY RIGHTS

7.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by you) shall be owned by RoamingExpert or its third-party licensors (as applicable).

7.2 To the extent permissible by law, RoamingExpert grants to you, or shall procure the direct grant to you of, a worldwide, non-exclusive, royalty-free licence during the term of the Contract to use receive and use the Services under the terms of these Conditions.

7.3 You shall not sub-license, assign or otherwise transfer the rights granted by clause 7.2.

8 TERM, TERMINATION AND SUSPENSION

8.1 The Contract shall commence on the date stated in the Contract Details and shall continue until:

(a) one party gives the other at least 30 days’ written notice to terminate, provided that such notice must not expire before the end of the Initial Term stated in the Contract Details; or

(b) a party terminates earlier under clause 8.2 or clause 14 (Force Majeure).

8.2 Without affecting any other right or remedy available to it, RoamingExpert may terminate the Contract with immediate effect by giving written notice to you if:

(a) you use obscene, discriminatory or insulting language or threatening behaviour towards RoamingExpert’s personnel;

(b) you commit a material breach of any term of the Contract and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified to do so;

(c) you are the subject of a bankruptcy petition, application or order; or

(d) your financial position deteriorates to such an extent that, in RoamingExpert’s reasonable opinion, your capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

8.3 Without affecting any other right or remedy available to it, RoamingExpert may immediately suspend the supply of Services to you, if:

(a) you fail to pay any amount due under any invoice issued to you by RoamingExpert (save for amounts disputed by you in good faith) by [the final Working Day of the calendar month in which/after the relevant invoice was issued];

(b) you become subject to any of the events listed in clause 8.2(a) to 7.2(d) or (in the case of events in clause 8.2(c) to 8.2(d)) RoamingExpert reasonably believes that you are about to become subject to any of them.

9 CONSEQUENCES OF TERMINATION

9.1 On termination of the Contract:

(a) you shall cease using the Services immediately; and

(b) RoamingExpert shall issue to you a final invoice in respect of Services supplied but for which no invoice has been submitted prior to termination, which you shall pay on or before the final Working Day of the calendar month following the issue of such final invoice, together with any other outstanding unpaid invoices and interest; and

(c) upon request by you, RoamingExpert shall use reasonable endeavours to issue to you the applicable Porting Authorisation Code (PAC) in respect of each number allocated by RoamingExpert to you within 24 hours on a Working Day. Such PAC code shall be valid for 30 days from issue.

9.2 Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

9.3 Any provision of the Contract that expressly or by implication is intended to have effect after termination shall continue in full force and effect.

10 DATA PROTECTION

10.1 Both parties shall at all times comply with:

(a) all applicable requirements of the Data Protection Legislation; and

(b) their respective obligations as set out in RoamingExpert’s Data Processing Schedule, available at here, which sets out the scope, nature and purpose of processing by RoamingExpert, the duration of the processing and the types of personal data and categories of data subject.

10.2 Either party may, at any time on not less than 30 days’ notice, revise this clause 10 by replacing it with any applicable controller to processor standard clauses or similar terms adopted under the Data Protection Legislation or forming part of an applicable certification scheme (which shall apply when replaced by attachment to the Contract).

11 CONFIDENTIALITY

11.1 Each party undertakes that it shall not at any time during the Contract disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party, except as permitted by clause 11.2.

11.2 Each party may disclose the other party’s confidential information:

(a) to its advisers or (in the case of RoamingExpert) its employees, officers, representatives, contractors or subcontracts, in each case who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with the Contract. Each party shall ensure that such persons to whom it discloses the other party’s confidential information comply with this clause 11; and

(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

11.3 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.

12 ANTI-BRIBERY

12.1 RoamingExpert shall at all times comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption.

13 LIMITATION OF LIABILITY

13.1 References to liability in this clause 13 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

13.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(i) death or personal injury caused by negligence;

(ii) fraud or fraudulent misrepresentation; and

(iii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

13.3 Subject to clause 13.2, RoamingExpert’s total liability to you in respect of all breaches of duty shall not exceed the amount payable by you to RoamingExpert for the supply of the Services in the 12 months immediately preceding the date on which the event giving rise to the liability arose or, if liability arises from more than one event in a series of events, then the 12 months immediately preceding the date on which the first such event in the series arose.

13.4 Subject to clause 13.2, neither party shall be liable for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill or indirect or consequential loss.

13.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

13.6 This clause 13 shall survive termination of the Contract.

14 FORCE MAJEURE

Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control (a Force Majeure Event). The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 90 days, the party not affected may terminate the Contract by giving 7 days’ written notice to the affected party.

15 GENERAL

15.1 Assignment and other dealings: RoamingExpert may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract. You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without RoamingExpert’s prior written consent.

15.2 Notices. Any notice under the Contract shall be given in writing to the address or email address of the recipient stated in the Contract Details (or as notified to the other party from time to time) and shall be deemed to have been given or made:

(a) when delivered personally;

(b) if posted by next working day delivery service, within two Working Days of posting; or (c) if sent by email, at the time of transmission, provided that the sender can provide proof the notice was properly addressed.

15.3 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part provision of the Contract is deemed deleted under this clause 15.3 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the commercial result of the original provision.

15.4 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

15.5 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

15.6 Entire agreement. The Contract (including the Deposit T&Cs) constitutes the entire agreement between the parties as to its subject matter. Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

15.7 Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.

15.8 Variation. Except as set out in these Conditions, no variation of the Contract Details, these Conditions or the Deposit T&Cs shall be effective unless it is agreed in writing between you and RoamingExpert.

15.9 Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

15.10 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.