These general business terms and conditions ("Terms") shall apply on all services and products offered, provided and delivered by 1dataplan ApS ("1dataplan") to its customers ("Customer"), including sale and delivery of hardware, hereunder SIM cards, and provision of data services ("Data Services"), unless deviations from or modifications of these terms have been expressly agreed upon in writing and it can be established that it was intended to deviate from these Terms. 1dataplan’s employees are not entitled to entering into oral agreements beyond or in conflict with these Terms.
By subscribing to a 1DATAPLAN product and using 1dataplan’s services the Customer is deemed to have accepted these Terms and will be referred to as 1dataplan's Customer.
The definitions and interpretations set out in this clause shall apply in these Terms:
"1dataplan" means 1dataplan ApS, a company registered in Denmark, under company number [cvr nr. 34616086.]. With registered company address at:
Rebekkavej 38, 3tv.
“1dataplan network” (or 1dataplan’s network) means 1dataplans main coverage area which currently includes 41 countries: Andorra, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong-Kong, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, The Netherlands, New Zealand, Norway, Poland, Romania, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States, Vatican City. The included data in the product can only be used within the 1dataplan network.
"Account" means 1dataplan's records of any information which Customer has supplied to 1dataplan. This includes the Customers personal information; details of the amount paid and details of the Customers use of the Services, and the payment information according to which the Monthly Fee and charges are automatically paid by the Customer.
“Business” defines 1dataplans monthly product as described on the web page. The product is primarily targeted business customers and is therefore to be found under the “Business” section.
“Customer” means the party paying for services, or products delivered by 1dataplan.
"Data Services" means any of the telecommunication services available for use by the Customer via the SIM card, including data by means of the Network, the ability to send and receive email via the Internet. The ability to access information from the Internet is, only available through the 1dataplan network.
"Data Package" or "Package" means the package purchased by the Customer according to which the Customer gets access to a certain amount of data as specified in these Terms and the website. Remaining data relating to the product package will not be transferred from one week/month to the other. The given data package will be reset at the start of each calendar month (or at an interval of one calendar month if the client is not billed from the 1st to the last date in each month).
For the Weekly product: The data allowance will expire after one week (7 days from midnight to midnight) after the product has been activated and is therefore not reset.
"Hardware" means the hardware used separately by the Customer in order to getting access to data through the Data Services, e.g. mobile phone, mifi, router, tablet, pc, etc.
"Monthly Fee" shall mean a fixed charge to be automatically paid by the Customer every first day of a calendar month covering payment for the clients product in the following month (prepaid). The Monthly Fee is payable irrespective of the amount of data left on the Customer’s Account. The amount will be deducted directly on the Customers credit card.
"Network" means the cellular telecommunication system supporting 1dataplan’s Services, including third parties networks.
"Order Confirmation" means the confirmation of an order provided by 1dataplan to the Customer specifying the Customer's order.
"Product” or “Products”, or ”Product(s)” means any hardware or software offered by or delivered by 1dataplan to Customers, including the SIM Card. The SIM Card is provided to Customer under licence and it remains 1dataplan´s property. 1dataplan may change the SIM Card delivered to the Customer or require the Customer to return it at the end of this Agreement.
"Service" shall mean any Data Services offered or delivered by 1dataplan to the Customer.
"SIM-card" the card programmed to allow hardware to access the Service.
“Ticket” describes one activation of the Weekly product. Each activation includes a certain data allowance (see website for details) that will be available for the user for 7 days and is only valid in 1 country (and therefore not throughout the complete 1dataplan network).
“Website” means 1dataplan’s website: www.1dataplan.com
“Weekly” is the 1dataplan travel product as described on the web site. The product is primarily targeted the consumer segment and is therefore to be found under the “Personal” section on the web site.
3.1 The Customer shall register on the Webpage and provide 1dataplan with the required information, including company registration no., corporate form, name, e-mail address and physical address etc., to be able to order the Services via the Webpage. Subsequent changes in the Customer's data must be filed by the Customer via the support facilities on the Webpage. Only competent persons can enter into an agreement with 1dataplan.
Further information regarding the ordering procedure is available on the Webpage. Before ordering the Customer shall accept the information provided by 1dataplan enabling the Customer to correct any errors.
3.2 Where the Customer is an individual, the Customer warrants that he or she is at least 18 years of age. Individuals under 18 must provide written permission from legal guardians, in order to use 1dataplan’s services and products. Only competent persons can enter into an agreement with 1dataplan.
1dataplan may also require the social security number of the Customer to be used for validation of the Customer’s Information.
3.3 The Customer should upon 1dataplan’s request document the provided Customer information. 1dataplan may require proof of residence and / or photo is displayed if deemed necessary.
3.4 The Customer is legally bound by the order and these Terms, regardless of the order being placed per email, telephone or via the Webpage. 1dataplan is not bound by the Customers order before 1dataplan has confirmed the order by a legally binding Order Confirmation that will be sent by e-mail to the Customers provided e-mail address.
3.5 The Order Confirmation contains an order reference-number, the Customer's name and address, shipment address and an overview of the ordered services and/or products. The Customer is recommended to print these Terms and the Order Confirmation immediately after receiving the Order Confirmation.
3.6 The Data Services is active when received by the Customer unless otherwise is set out in the Order Confirmation.
For the Weekly product: The customer will need to contact 1dataplan support to activate the SIM card and the ticket. The customer should inform 1dataplan in advance about when the ticket should be activated – but with at least three (3) business days’ notice.
3.7 Upon expiry of the agreement the Customer will have no access to the Data Services.
3.8 This agreement and its terms are subject to updates from time to time and the latest
edition thereof shall be deemed to apply as between the parties and shall supersede any
previous edition. The newest version of the Terms & Conditions can be found on the Webpage.
4. PROVISION OF DATA SERVICES
4.1 Subject to the Customers purchase and/or legitimated possession of the SIM-card distributed by 1dataplan, and the Customer's prepayment, the Customer has access to the Data Service. The service includes access to use of a defined amount of data as reflected in these Terms and on the website. (Data amount and product features can vary between products)
For Weekly product: A time constraint is imposed on each ticket which results it being active for 7 days after activation. Each ticket is furthermore only valid in one single country which is chosen by the customer from a list which is available on the website. Tickets can only be used in Denmark, Sweden, Australia and United Kingdom.
4.2 1dataplan provides the Data Services through the SIM-card delivered to the Customer. The Data Services are provided using 1dataplan’s partners infrastructure and Network in the covered countries specified on the website (www.1dataplan.com). Please note that the data services and other services provided by 1dataplan, only apply in the covered countries as specified on the website. The Customer acknowledge that the Data Services provided are subject to arrangements that are in the control of other Networks and their operators that are outside of the control of 1dataplan.
4.3 Since the Data Services are basically mobile cellular service there are natural limitations to quality and coverage. Whilst every effort is made to minimize these limitations and to ensure that the Data Services are available to the Customer all times, 1dataplan is not liable for any failure, delay, interruption, suspension, or restriction of the Data Services or for any connection being cut off for any reason whatsoever. Furthermore 1dataplan is not liable for any failure, interruption, restrictions in hardware that the Customer uses with the SIM-card.
4.4 1dataplan neither represents nor warrants that the Services will be uninterrupted, timely, secure or error-free or that it will meet the Customers specific requirements, even if those requirements have been notified to 1dataplan in advance. The quality and availability of the Services are subject to certain limitations and circumstances beyond 1dataplan's reasonable control including, but not limited to, physical, geographic and atmospheric conditions and the functional capability of services and products as supplied to 1dataplan.
4.5 1dataplan shall not be responsible for any costs, shortcomings in, failures of or other effects on the Services and/or the Equipment arising from the performance, failures, connection or compatibility of any equipment SIM Card or services which are not supplied by 1dataplan including (where relevant and without limitation) any communications device used by the Customer in connection with the SIM Card supplied by 1dataplan or the delivery of the Services and/or the Equipment or the effects of any computer viruses, cyber or other attacks on the Services or the facilities derived therefrom or any other form of denial of service or in the event that the Customer operates or deals with the Equipment in a manner which is not approved or instructed in the User Guide all of which prospective circumstances are deemed to be known to and understood by the Customer;
4.6 The availability of the Data Services varies depending on location. The quality and coverage of the Services depends in whole or in part on Customer hardware device applied together with the SIM-card supplied, the Network, and other telecommunications networks or services to which the Customer is connected. The Services might be adversely affected if too many people try to use the Network at the same time; by physical features (such as buildings etc); and by atmospheric conditions or other causes of interference.
4.7 1dataplan may modify or suspend the Data Services, wholly or partially, without notice where such modification or suspension is deemed necessary by 1dataplan (e.g. for maintenance, upgrading, security, emergency or other valid reasons) or by an authorized authority. All reasonable efforts shall be made to minimise such service disruptions, however, some interruption may be inevitable.1dataplan will notify Customer through our webpage www.1dataplan.com where and as soon as it is practicable to do so.
4.8 1dataplan may, from time to time and without notice, change the Data Services in order to comply with applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature or scope of the services or the Charges.
4.9 The use of the Data Services when travelling may be subject to specific laws and regulations of the country where the Customer uses the Data Service. 1dataplan is not liable for the Customers failure to comply with those laws and regulations.
4.10 1dataplan reserve the right to: a) issue such reasonable instructions concerning the use of the Data Services as may be necessary in the interests of safety, quality of Services, other customers or telecommunications services as a whole, or for any other reason we deem sufficient, b) block certain data from the Data Services, and c) disconnect the Services and Products on a temporary or permanent basis where there are reasonable grounds to suspect fraudulent activity, or where 1dataplan would suffer direct loss as a result of any use of the Services.
4.11 The Customer shall notify 1dataplan regarding the loss or theft of the SIM Card as soon as is reasonably practicable and shall be responsible for all Charges incurred to the date of notification and always providing that the liability of the Customer by reference to the Minimum Term shall be unaffected.
5. CUSTOMER'S USE OF THE DATA SERVICES
Delivery of the Data Services is subject to the Customer's compliance with these Terms;
5.1 Access to the Data Services is only possible via the official SIM-card supplied by 1dataplan and the Customer shall only be entitled to receive the Data Services through an original SIM-card supplied from 1dataplan. Use of the Data Services is subject to pre-payment as set out in Clause 10 and the Customer's use of correct Hardware in relation to the Data Services.
6. DELIVERY OF SIM-card AND OTHER PRODUCTS
6.1 Delivery of the SIM-card and other products are deemed to take place from 1dataplan or 1dataplan’s partners.
6.2 Deliveries will be handled by a third party (Post Danmark, GLS, UPS etc.), that will deliver the Product(s) to the Customer. Shipment costs within Denmark are included in the connection fee (see paragraph 10.16).
6.3 The date/time of delivery shall be determined as close as possible to the customer's request.
6.4 If delivery can not be completed due to circumstances that lie with the Customer, the products shall be stored at 1dataplan or a third party's address at the Customer's expense and risk. In such cases 1dataplan is entitled to storage rent, coverage of costs etc.
6.5 Any time of delivery communicated by 1dataplan is estimated on best effort only and not binding for 1dataplan. In case of explicitly agreed time of delivery 1dataplan shall be entitled to extend such delivery time with up to 5 business days from expiry of the fixed time of delivery.
6.6 If the Customer due to 1dataplan’s material delay chose to terminate the agreement, the Customer shall only be entitled to reimbursement of payments already paid regarding the delayed Product, but not payments regarding other products or services. The Customer shall not be entitled to any other remedies for breach of contract in connection with the delay, and is precluded from raising any other claims of damages, including damages for loss on operations or any other indirect or consequential loss.
6.7 If delay of the delivery is due to matters for which the Customer is responsible, the agreed delivery dates shall be postponed with the number of days corresponding to the delay. 1dataplan shall under such circumstances be entitled to claim damages for expenses due to the Customer's delay and shall be entitled to receive payment for excessive resources spend in the extended period. 1dataplan shall also be entitled to claim payment of expenses caused by any waiting time in relation to offloading products at the Customer's address or any other agreed place of delivery.
7. INFORMATION, INSTRUCTIONS ETC. REGARDING SERVICES OR PRODUCTS
7.1 Product-information, illustrations, specifications and technical data in brochures, data-magazines, presentations on the Webpage or elsewhere are guiding only and 1dataplan reserve its right to deliver the Services as it is on the delivery date. 1dataplan is not liable for any errors or information in the above material.
8.1 If the SIM-card is damaged the Customer will be required to pay for any replacement, exchange or repair of such products. Such payment must be made in advance.
8.2 If the SIM-card is lost, stolen, damaged or destroyed, or used without the Customer’s authority, 1dataplan shall have no obligation to make a refund to the Customer on the services provided or SIM-card.
8.3 The Customer will be liable for any SIM-card that has been delivered to the address provided by the Customer on the order. The Customer is responsible for the acts and omissions of any and all persons using the Services and Products through the Customers SIM-card.
8.4 The Customer shall immediately notify 1dataplan (telephone +45 89 88 09 03) if the SIM card is lost. The Customer is not liable for consumption, which will be made after 1dataplan confirms the request. 1dataplan will confirm the loss of the SIM card and that the subscription has been blocked using the Customer’ e-mail.
8.5 The customer is liable for losses caused by unauthorized use of the card, with the limitations imposed by the Payment Services Act § 62 paragraph. 1-9, cf. 7.B.(Danish: lov om betalingstjenester § 62, stk. 1-9, jf. pkt. 7.B.).
8.6 The Customer may upon payment of a service charge order a new SIM card or unblock the existing SIM card that the customer has notified as lost.
9.1 The current and binding charges for the Products and Data Services are published on the Website. Charges may be amended by 1dataplan. The website includes charges for data usage throughout the 1dataplan network.
9.2 If the Customer continues to use the Services after an amendment to the Charges comes into effect, this shall be deemed to be the Customers’ acceptance of the new Charges.
9.3 All prices are in Euros (EUR) or Danish Kroner (DKK) (depending on which regional site is chosen) and inclusive of Danish VAT (25%) for consumer related products (Personal) and without VAT for business related products (Business). The currency will be specified where amounts are applicable. Changes in public duties or other charges is of no concern of 1dataplan and shall be paid by the Customer. In case of delivery outside the European Union it is the responsibility of the Customer to pay VAT, fees and any other charges.
9.4 The products solely include data that can be used inside the 1dataplan network. Any usage outside the 1dataplan network is invoiced separately and charged subsequently (postpaid).
10. PAYMENT AND DATA USAGE
10.1 1dataplan is entitled to check out the Customers financial status and obtain information about employees of the Customer authorized to purchase on behalf of the Customer etc.
10.2 All Services and delivery of Products are subject to pre-payment. Thus, delivery of e.g. the a SIM Card will take place after payment. When an ordered Product or Service is shipped, sent or made available to the Customer 1dataplan will withdraw the payment from the Customer's debit/credit card. 1dataplan accepts the following credit/debit cards and other payment forms:
• Visa Electron
• V pay
10.3 All Charges are payable by debit card or credit card and it is the responsibility of the Customer to arrange and maintain any necessary continuing authority or other pre-payment authority or arrangements.
10.4 For “Business”: The Customer shall pay the agreed Fee as set out in the Order Form once monthly on the first day of a calendar month. The amount will be automatically deducted from the subscribers’ credit or debit card.
For “Weekly”: The Customer shall pay the agreed Fee as set out in the Order Form which will be automatically deducted from the subscribers’ credit or debit card. The customer should subsequently visit our webshop to buy additional tickets (which gives access to data services). No automatic top-up is available for this product type.
10.5 Additional charges (like data usage besides the included data amount) will be invoiced separately and will be invoiced backwards (post-paid) opposite the monthly fee that will be paid in advance (prepaid). Additional charges will be deducted automatically from the subscribers credit or debit card.
For Weekly: Each ticket can solely be used in a single country that the customer choses prior to travelling. If the Customer uses the tickets in a secondary country (outside the country he chose) then the customer is invoices 3,30 DKK/MB (incl. VAT) for the used data amount. The amount will be deducted automatically from the clients credit og debit card if possible. An invoice is sent alternatively.
10.6 After each Automatic Card payment, the customer will receive notification by e-mail to the Customers e-mail address. The notification will include the invoice.
10.7 If the credit card payment can not be completed because of the customer's circumstances (eg if the customer's debit card is blocked or expired), the customer will receive notification by. e-mail and where appropriate using sms. 1dataplan is entitled to charge a fee for this.
10.8 If any due payment is not made timely by the Customer then 1dataplan shall be entitled to withhold any other ordered, but still not delivered Products and/or Services. Furthermore, 1dataplan shall be entitled to immediately stop the Customers access to the Data Services. 1dataplan shall - regardless of any other terms of payment agreed on earlier - in case of delay with payment be entitled to make future deliverables conditional on pre-payment or other appropriate guarantee from the Customer.
10.9 When the customer signs up for a 1dataplan product or service, a third party approved by international safety standards (PCI DSS - Payment Card Industry Data Security Standard) retains the necessary payment card information for automatic debit from the customer card, on behalf of 1dataplan.
10.10 The Customer shall not be entitled to off-set claims in any due payments to 1dataplan arising from other contractual relationships. The Customer has no right to retention or right to refuse payment due to delay of delivery, claims or counterclaims regarding the order.
10.11 Customer data usage is calculated per. 1 kilobyte.
10.12 This paragraph has been omitted on purpose.
10.13 The Customers connection is automatically blocked for mobile data usage when the customer has used up his monthly data allowance (consumption ceiling) inside the 1dataplan network. When the client’s connection is blocked for data usage the customer has the opportunity to actively opt in to additional consumption of mobile data by contacting 1dataplan support. The Business product will be automatically reopened by the beginning of the next month.
For Weekly: If the Customer has inactivated tickets left on his account these tickets will be automatically activated if the customers exceeds the included data amount. This ensures that the client can continue to use the data services without interruption. The Customer will be notified by e-mail when the subsequent tickets will be activated.
The period will be prolonged when a new ticket is activated. The new period will be 7 days after the new ticket is activated. The customers data services will be blocked when all tickets have been used and the included data amount has been reached.
10.14 Amounts payable by the customer will continuously be withdrawn from the Customers credit or debit card. It is a requirement of this contract, that the customer has a valid credit or debit card that can be used for 1dataplan payments via the Internet.
10.15 Any credit or debit card charges will be forwarded/invoiced to the Customer. These charges can be found on the Webpage.
10.16 A connection fee to the Service is applicable. This service fee will be shown to the Customer while ordering the product. The amount of the connection fee can be found on the Webpage and can vary between product types. The connection fee includes shipment of the product within the Danish borders. Shipment outside Danish borders will incur an increased cost. Please contact 1dataplan for actual shipping costs outside Denmark.
10.17 1dataplan may, by initially or at a later date evaluate the creditworthiness of the customer and may for that purpose obtain information from independent credit reporting agencies or warning registers.
10.18 If 1dataplan initially or at a later date finds reasonable grounds for believing that the customer's payment obligations will not be met on time, 1dataplan is entitled to demand collateral in the form of a cash deposit, prepayments or irrevocable payment guarantee from a bank or bonding company, approved by 1dataplan.
The Customer shall pay all the costs associated with the collateral. Cash deposits are not remunerated for customers.
10.19 Should the Customer replace his credit/debit card (eg. due to theft, loss of card or just due to expiry) then it is the Customer’s responsibility to inform 1dataplan about the new details of the credit/debit card. The customer must in this case contact 1dataplan as described in Clause 25.
10.20 The initial payment is corrected by the number of days left in the month. Should a client buy the product in the middle of a month, then he/she is only invoices for half the period (of the first month). A further amount is deducted from the invoice that corresponds to the delivery time.
The above paragraph (10.20) is not valid for the Weekly product.
10.21 For Weekly: Unused tickets will expire 12 months from the date of purchase and are non-refundable.
11. NOTICE OF DEFECTS
11.1 The Customer shall after delivery carry out the necessary examination of the Product, including conducting a check for defects of the Product. Any notice of defect of the Product, shall be made in writing and the Customer must state the nature of the defect and including a copy of the invoice. If the Customer has discovered or should have discovered the defect and does not give notice hereof, the Customer has waived any rights in this respect.
11.2 1dataplan's liability for faults and defects are always and in every situation limited by 1dataplan's decision to supply substitute Products, remedy or provide the Customer with fair proportional discount. The Customer shall not be entitled to any other remedies for breach of contract.
11.3 Alterations or changes in the sold Product without prior written consent from
1dataplan shall exempt 1dataplan for any obligations.
12. RETURN POLICY
12.1 Provided a defect is present, return of Products to 1dataplan can take place subject to prior written agreement between 1dataplan and the Customer.
12.2 The Customer shall pay all costs related to an agreed return of Products, including costs related to shipment, which takes place at the Customers risk.
12.3 Paragraph 12.2 does not apply in Denmark due to Danish legislation. 1dataplan will cover the Customers cost of returning defect goods in Denmark. The Customer should contact 1dataplan for further information and prior to returning the product(s) as 1dataplan will determine the best way to transport the product(s).
12.4 Return of Products, for whatever reason, is always subject to the Product being returned to 1dataplan in its original packaging. The risk shall vest with the Customer until 1dataplan in writing has confirmed receipt of the returned Products without defects
12.5 When returning Products the Customer shall always follow 1dataplan’s current procedure for returning products.
13. RIGHT TO CANCEL
13.1 Where he or she is a consumer the Customer shall have the right to cancel the purchase of the Services and all legal obligations comprised in this agreement no later than 14 working days after having received the product(s).
13.2 Cancellation shall take effect when the Customer contacts 1dataplan and notifies such cancellation and arranges the return of all products delivered to the Customer;
13.3 Products and hardware should be returned unopened, unused and in its original packaging. If a package has been opened or there exists other signs of usage or the product has been used then the right to cancel is void for those product(s).
13.4 The Customer shall:
Be responsible for the cost of returning the Equipment and any related components delivered by 1dataplan unless any such delivery was in error or any item was damaged or defective at the date of delivery;
Take reasonable care of the Equipment until its return;
Remain responsible for the cost of the Services which are activated, available or used prior to the date when Notice of cancellation is received by 1dataplan, for example costs of the use of data;
1dataplan shall be entitled to charge the Customer for any costs incurred in collecting the Services and the value of any missing items which may be deducted from any sums owed to the Customer;
1dataplan shall refund to the Customer the original purchase price of the cancelled Services together with any delivery charge (other than any non-standard charge) as soon as is reasonably practical and in any event within 30 days after the Customer’s notification of cancellation.
14.1 The term of the agreement is indefinite.
14.2 However, the Customer can terminate the agreement for convenience with one month written notice to the end of a calendar month. 1dataplan will send a written confirmation of the Customers termination using the Customers e-mail address.
For Weekly: There is no term associated with this type of product since the customer prepays an amount that is subsequently used for a desired period (travel period). It is therefore not necessary to terminate the product since it’s not associated with any cost to keep the SIM card and not using it.
14.3 If a commitment period (non-cancellation period), has been agreed then the agreement is non-cancellable by the Customer for 6 months after the order confirmation for consumers and 12 months for business customers, except if anything else is specified on the webpage.
For weekly: There is no commitment on this type of product.
14.4 The service will be available for the Customer until the termination date. Additional charges (like charges for data consumption that exceeds the amount included in the product) will be invoices separately and following the termination date according to paragraph 10.5
14.5 1dataplan may terminate this Agreement by giving at least 3 months notice, including if 1dataplan ceases to offer the service.
14.6 If 1dataplan fully or partially ceases to offer subscription services or supplementary services which 1dataplan is not required to provide, then 1dataplan can terminate the agreement in question or any portion thereof with at least 1 months’ notice.
15. LEGAL LIABILITY
15.1 1dataplan is not liable for any damages related to a) delay, b) annulment of orders, c) infringement of a third party's rights.
15.2 1dataplan shall, irrespective of the basis of liability and the degree of negligence, not be liable, for (a) loss of profits or income; (b) lost business or opportunities; (c) other
indirect or consequential losses; (d) loss of data; (e) losses arising from delay or failure to
deliver any Services; or (f) including but not limited to loss on operations, or costs
incidental to the restoration hereof, loss of goodwill, distortion of communication, loss of
anticipated savings etc. (g) any loss or damage caused by a Force Majeure Event;
15.3 1dataplan liabilities for any loss or damage shall be limited to the amount paid by the Customer for the Product (or absence thereof) on which the claim is based. Irrespective of the amount paid for the Product and the degree of negligence.
15.4 To the extend 1dataplan are to be imposed liability in relation to a third party the Customer shall be obliged to hold 1dataplan harmless to the same degree as 1dataplan’s liability is limited pursuant to this clause.
16. FORCE MAJEURE
16.1 In the event of force majeure 1dataplan shall not be liable towards the Customer for circumstances hindering or postponing 1dataplan’s fulfilment of the agreement if the circumstances occur after signing the agreement. Such circumstances can i.e. be: war, revolts and riots, acts of terror, natural disasters, strikes, lock-outs, computer virus, hacking, injunctions or enforcement notices from public authorities and/or rights holders, or other circumstances beyond 1dataplan’s control.
17. PERSONAL DATA
17.1 The Customer shall give 1dataplan correct and current personal details, including name and current address. The Customer shall also notify 1dataplan of any changes to the Customers details without delay via the Webpage or by email.
17.2 The customer is required to have an email address. Messages from 1dataplan to the customer regarding the customer's agreements with 1dataplan, is sent via email to the email address that the customer has specified when entering into this agreement. Messages from 1dataplan include order confirmations on subsequent orders, invoices, notifications, warnings and correspondence concerning the customer's agreements with 1dataplan, including early warning of significant changes to rates and terms. The customer does not receive the messages as regular mail.
Messages that the customer receives per. e-mail to the agreed e-mail address have the same legal effect with respect to payment, acceptance and review periods as if they were received by regular mail.
The customer is responsible for continuously checking whether messages have been received from 1dataplan using the agreed e-mail address.
By changing the customer’s e-mail address, the customer must promptly provide 1dataplan with the new e-mail address. If the transmission of messages cannot be done at the agreed e-mail address 1dataplan is entitled to charge a fee for retransmission of the message using ordinary mail to the customer.
17.4 The recorded data depends on the service contract and includes customer's name and address, e-mail address, customer's number or IP address, time tracking of consumption (starting time and duration) and the size of the transferred data volume measured in Megabytes (MB), SIM card number (IMSI / ICC), mobile phone number (IMEI) and location data.
17.5 Furthermore, 1dataplan shall be entitled to pass on the data if required to do so according to legislation or if requested to do so by a public authority.
18. CUSTOMER BREACH (1dataplan’s right to terminate agreement)
18.1 1dataplan is entitled to disconnect the Customers connections to the service if the customer's consumption is projected to considerably exceed the corresponding customer average consumption or exhibit very significant or sudden increase compared to previous years.
18.2 In the event of the customer's material breach of obligations under this Agreement 1dataplan is also entitled to terminate the customer's access to the Service or restrict the customer's ability to use the service.
The following conditions shall also be considered a material breach:
- The Customer fails to meet 1dataplan’s demands for collateral.
- The connection fee is not paid on time.
- Subscription charges, additional charges, etc. are not paid after 1dataplan’s notification to the customer.
- The Customer fails to take measures in order to alleviate disturbances etc.. of traffic in 1dataplans public telecommunications networks by request of 1dataplan.
- The Customer harasses 1dataplan or 1dataplan’s employees or causes disorders in 1dataplan’s public telecommunications networks.
- The Customer is using equipment that is not CE marked or intended for connection to 1dataplan’s public telecommunications networks, and fails on the request of 1dataplan to unplug or disconnect the equipment.
- The Customer fails at the request of 1dataplan to disconnect the connection of equipment or internal network that gives rise to disturbances in 1dataplan’s public telecommunications networks.
- 1dataplan is prohibited from accessing their own facilities and installations for debugging.
- The Customer misrepresents or fails to notify change of address or e-mail address.
- The Customer is placed in liquidation.
- The service is used to handle traffic for other than the client or his household / business or any registered user and this relationship is not interrupted immediately after warning from 1dataplan.
18.3 Interruption of the customer's connection does not result in a reduction in the subscription fee for the relevant period.
18.4 If the customer corrects the circumstances that gave rise to the interruption, and pays any outstanding debts, 1dataplan will reopen the connection. 1dataplan is entitled to charge a fee for this.
18.5 If the customer does not comply with the conditions that led to the suspension 1dataplan may termination without notice.
18.6 1dataplan is also entitled to disconnect the customer's connection to the service, reduce the customer use of service or terminate the agreement in whole or in part by the customer's bankruptcy, insolvency, or significantly worsening economic conditions in general.
18.7 A customer who has breached the agreement by failing to pay outstanding debts, cannot re-enter into an agreement with 1dataplan until all debts are paid.
19. Fair usage policy
19.1 Why do 1DATAPLAN have a Fair Usage Policy?
This Fair Usage Policy (‘Policy’) is designed to make sure that all 1DATAPLAN customers receive a fast and reliable service, whatever the time of day. It is unacceptable if our service is used unlawfully or for purposes for which it is not intended or in an unusual manner. The service quality for all customers is likely to be affected, making it slower for everyone to access the internet or send and receive emails and attachments. By adhering to the Policy, it will help us to keep the 1DATAPLAN service running smoothly for everyone.
19.2 Unlawful use
The 1DATAPLAN service may only be used for lawful purposes in accordance with all laws, statutes and regulations in force from time to time in all the countries covered by 1DATAPLAN or in any other jurisdiction which apply to your use of our service. You may not use the service to send, receive, store, distribute, transmit, post, upload or download any materials or data which:-
- violates any law
- is defamatory, offensive, abusive, indecent, obscene, or constitutes harassment
- is or may be harmful to minors
- promotes or encourages illegal or socially unacceptable or irresponsible behaviour
- is in breach of any third party rights (including any third party intellectual property rights)
- has any fraudulent purpose or effect or involves you impersonating another person or otherwise misrepresenting yourself as the source of any communication; or
- damages or may damage 1DATAPLAN’s name and/or reputation.
19.3 Unintended and unusual use
Any kind of unusual usage is covered by the Policy. Whilst they are not exhaustive the following are examples of unusual uses:
- sending or downloading large files
- using 'peer to peer' software
- sending and receiving large video files
- prolonged file sharing or use of file sharing software
- downloading large files through newsgroups
- disproportionate live streaming within your total usage
In addition the 1DATAPLAN service can only fulfil the special purpose for which it is designed. It is a travel-aid and is intended to provide a combination service which is used in your home country and also throughout a range of other territories within a pattern of international travel and visits to foreign countries. It is not suitable for use as a fixture at an additional residence or to support a semi-permanent or prolonged stay in a second location.
19.4 General guidance on download capacity
The following are general estimates of the amounts of download used in common situations:
- Single music track – 5MB
- DVD movie – 4GB
- 2000 emails – 250MB
- Email with photo attachment – 350KB
- Email with MS Office attachment – 300KB
- 30 page word document – 190KB
- 30 page pdf document – 350KB
- 30 page scanned document (high res) – 1500KB
19.5 Contact due to unacceptable use
1DATAPLAN may contact you, if 1DATAPLAN become aware of, or reasonably suspect, use of the service that is unusual. If 1DATAPLAN exercise our right to contact you agree that 1DATAPLAN may take any reasonable step to satisfy ourselves that the apparently unusual use of the service is appropriate.
1DATAPLAN is committed to providing first class customer service, to preserving the integrity of our telecommunications network and avoiding its degradation. If, in our reasonable opinion, 1DATAPLAN considers it necessary, 1DATAPLAN may change your services and apply limits to your usage of any service including:
- suspension or termination of your access to our service
- limitation on the amount of data you are able to download
- restriction on the locations from which you are able to access our service
- network controls which may reduce your speed of transmission
1DATAPLAN will not do so without giving you prior notice and will only take any of these steps if it is reasonable in all the circumstances. 1DATAPLAN will always endeavour to act fairly when exercising our discretion in these respects.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 1dataplan is entitled to pass on or sell, lease, lend or in any other way transfer to a third party all rights and obligations pursuant to these Terms.
21.1 1dataplan provides e-mail and phone support during business days in Denmark between 8.00 and 17.00 (CET time zone). No service levels shall apply but 1dataplan shall seek to answer or reply to the Customer within reasonable time. 1dataplan can be reached here:
By phone: +45 89 88 09 03
22 CHANGE OF TERMS AND CHARGES
22.1 1dataplan may change these terms, additional service-specific subscription terms, separate additional terms and conditions as well as subscription fees, user fees and charges with a notice of at least 1 month.
The changes are alerted by e-mail to the Customers e-mail address and the Web page.
22.2 Changes that are not unfavorable to a client, can be implemented without notice by updating the Web page. Changes of a purely beneficial nature, including, for example, general reductions in prices may be implemented without notice or publication.
22.3 Changing one-time fees, including connection charges, removal charges, etc. can be implemented without warning and can be found on the Web page.
23.1 If any of these Terms are deemed unlawful or void and thereby cannot be enforced, it shall not affect the lawfulness and the validity of the remaining part of the Terms.
23.2 These terms and conditions are available in multiple languages and can all be found on the website. Should any questions arise due to the translation of the terms then it is always the English version that is to be considered as valid.
24.1 Any dispute between 1dataplan and the Customer shall be settled according to Danish law.
24.2 In case of a dispute between the customer and 1dataplan on matters arising out of the agreement, the customer can complain to 1dataplan. 1dataplan generally decides on the case within 3 months after the complaint was received.
24.3 1dataplan's decision can be appealed to the Telecommunications Appeals Board, Nørrevoldgade 48 st., 1358 Copenhagen K, tel 33 18 69 00. If the Telecommunications Appeals Board (Teleankenævnet) does not find to have jurisdiction to deal with a complaint filed, the Telecommunications Appeals Board (Teleankenævnet), where possible, forwards the complaint to the appropriate authority.
Disputes may also be brought before the ordinary courts in Denmark by each of the parties under current legislation.
25 COMMENCEMENT DATE
25.1 The agreement between the customer and 1dataplan is effective upon delivery, (see paragraph 6).
25.2 These terms shall enter into force on the 24th of March 2014.