Terms and Conditions
eSIM Connectivity Subsription Terms and Conditions
(the “Contract”)
The following terms and conditions shall apply to all services provided by Best Connect Online, LLC, purchased as a subscription from http://bestconnect.online or any mobile application provided by Best Connect Online, LLC .
The Contract may come into force with the conclusion and confirmation of the Contract by the Customer in an electronic environment (via https://bestconnect.online address or Mobile Application). Best Connect Online and the Customer are hereinafter referred to individually as the “Party” and jointly as the “Parties”.
1. DEFINITIONS
1.1 In this Contract and its annexes, unless the context otherwise requires, the following words and terms shall have the following meanings:
“Effective Date” means the date this Contract is concluded electronically (via https://bestconnect.online address or Mobile Application),
“Order” means the inseparable and annexed part of this Contract, showing the information on Services to be offered, including the Subscription and the related fee, payment terms and other matters, executed through the Mobile Application, via https://bestconnect.online address or any other service Best Connect Online allows customers to make an order by means of electronic resources.
“Service” / “Services” means mobile eSIM connectivity services provided to travelers around the globe, intended to be used for web browsing, email, social media and messaging applications and share content to and from the Internet or third-party applications.
“eSIM” means the profile supplied by Best Connect Online for the purposes of using Mobile Data on a compatible mobile handset, tablet or laptop,
“Mobile Application” is an application developed by Best Connect Online that enable Subscribers to access the Mobile Data on their mobile devices running IOS and Android operating systems,
“Mobile Data” means GPRS, 3G, HSDPA, LTE, LTE+ and 5G mobile carrier network access providing access to the internet over mobile SS7 signaling;
“Software” means all of the server, cloud computing, embedded software and Mobile Applications providing services of Best Connect Online,
“Subscriber” / “Subscription” The right to access to and use of the Services within the framework of this Contract by the Customer who have purchased such subscrition services from Best Connect Online for the duration of the subscription period to be determined in the Order,
“Confidential Information” means all kinds of technical, administrative, financial, commercial, legal and other information of each other that the Parties will learn during the performance of this Contract,
“Activation Date” means the date on which the Services are activated by the Customer within the specified time frame as specified in the Order. Any Subscription which is not activated within the expiration date identified on the Order shall expire without any refund.
1.2 References to any of the articles and, if any, to the Annexes are referenced exclusively to the articles and annexes of the Contract. Article titles are for reference purposes only and do not affect the interpretation of this Contract and its articles.
1.3 Depending on whether the customer is a legal or natural person, subject to the terms of our Privacy Policy Best Connect Online may be required to collect further personal information from Customer in order to satisfy compliance with any legal or regulatory compliance requirement. If Best Connect Online requests such information from Customer and indicate that this is for legal or regulatory compliance\, then Customers agrees to provide the documents listed in Articles 1.3.1 and 1.3.2 to be added to this Contract and not provide false or misleading information..
1.3.1 If the customer is a Legal Entity, the trade registry record, the tax identification document, the signature circular showing the person(s) authorized to sign the Contract,
1.3.2 the Customer is a natural person, a copy of the official identity document,
1.3.3 The documents listed below and other documents added, if any, shall be considered as an annex and an integral part of this Contract, provided that they are referenced in the document content.
2. SUBJECT OF THE CONTRACT
For the purpose of determining the rights and obligations of the Parties, this Contract outlines and identifies the conditions and terms regarding the Services to be offered to the Customer within. Within the scope of this Contract, each Subscription to be purchased by the Customer from Best Connect Online, each Service to be provided (including short description, price, quantity and scope, price, duration and other details of the relevant Services) shall be included as an annex to this Contract, as it will be identified in the relevant Order (s). The Customer accepts, declares and undertakes that, subsequent to any purchase order and the establishment of the Contract, it has been informed by Best Connect Online in an understandable, correct and complete manner, all preliminary information with regards to all matters related to the ordered Services, either by means of information provided by Best Connect Online, or in electronic environment through the https://bestconnect.online address and the relevant parts of the Mobile Application.
3. THE SERVICES
3.1. Information on the Services subject to the Contract are provided in detail at the https://bestconnect.online address. Best Connect Online reserves the right to change and make changes to the Service or any promotion or charges relating to the Services at any time. Any changes will not apply to an already purchased Suprscription. Customer agrees notice of any such changes on https://bestconnect.online or on the Mobile Application is an acceptable notice.
3.2. All services provided by Best Connect Online, including data and connectivity services are obtained by Best Connect Online from third parties, are processed and presented to the Customer under the scope of Subscription services. Subject to the payment of fees applicable for a Subscription, Customer shall be entitled to use such Services pursuant to the terms and conditions of this Contract.
3.3. The ownership of the eSIM profile required and delivered to the Customer for the provision of Subscription services eSIM remains the property of Best Connect Online and/or its chosen partners and the Customer cannot claim that the eSIM profile belongs to itself. Best Connect Online has the right to change the eSIM profile at any time. Customer is not authorized to use the eSIM in any other device than the device it was delivered to or supposed to be used with.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Best Connect Online undertakes to provide and deliver to the Customer the Services for the period determined by the Subscription details ordered pursuant to this Contract or its annexes. Best Connect Online may, as required and in its sole discretion: temporarily suspend the Services for the purpose identifying and verifying a payment, protect from misuse of Services by Customer, repair, maintenance or improvement of equipment, software or telecommunication services, and any cabinets or ducts enclosing them; vary the technical specification of the Services for operational or regulatory reasons; or give instructions about the use of the Services resulting from any mandatory government laws and regulations that become applicable during the term of this Contract. Best Connect Online reserves the right to suspend any account associated with fraudulent activity. During any period of suspension, the Customer shall continue to pay all Charges due under this Agreement in respect of the suspended Services. Best Connect Online shall not be liable for any damages and service disruptions that may occur in the Services due to malfunctions of mobile devices. The Customer is responsible for ensuring that their device is eSIM compatible and network-unlocked.
4.2 Customer acknowledges that Best Connect Online has no control over the content of information transmitted by or to Customer and that Best Connect Online does not examine the use to which Customer put the Services or the nature of the information send or receive. Customer agrees not to transmit content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts. Customer shall comply with Best Connect Online’s terms of use policy posted at https://bestconnect.online
4.2.2. Customer agrees that the username and password provided by Best Connect Online will be used exclusively by the Customer, undertakes to safeguard such credentials to ensure they will not be available to, shared or disclosed with third parties or used by third parties by any means whatsoever. Customer is obliged to and agrees to notify Best Connect Online immediately upon realizing any unauthorized use of such credentials in a contrary way and agrees that any responsibility arising from such unauthorized use will belong to the Customer and no claim will be made against Best Connect Online by Customer or its employees.
4.2.3. Customer agrees not to transmit or utilize any (a) viruses, worms, Trojan horses, or other code that might disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or functionality of any software, firmware, hardware, wireless device, computer system or network, (b) traps, time bombs, or other code that would disable any software based on the elapsing of a period of time, advancement to a particular date or other numeral, (c) code that would permit any third party to interfere with or surreptitiously access any end-user personal information, or (d) content that causes disablement or impairment of services or equipment.
4.2.4. Customer will defend, indemnify and hold harmless Best Connect Online and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys’ fees and costs) or liability that may result from, arise out of or relate to: (a) any breaches of Customer the obligations, representations or warranties contained in this Agreement; or (b) any violations of applicable law or governmental regulation.
4.2.5. Customer represents and warrant that (i) Customer is not located in a country that is subject to a U.S. Government embargo\, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) Customer is not listed on any U.S. Government list of prohibited or restricted parties.
4.2.6. Best Connect Online shall have the right to immediately suspend Services due to Customer’s breach of any term in this section 4.
5. PRICING AND PAYMENT
5.1. Subscription period starts with the Activation Date of Services. A Service may be ordered to renew at the end of the expired Subscription period. Each Subscription purchased by the Customer will be renewed for the same period at the end of the ordered Subscription period, and the Subscription fees valid for the new period shall be paid in advance by the Customer before the renewal date.
5.2 Either Party may cancel any Subscription service renewal by giving 15 days notice before the end of the then current Subscription period. Customer may cancel any Subscription renewals via the Mobile Application or https://bestconnect.online with the designated access credidentials. Best Connect Online may suspend or terminate the Customer’s Subscription services for which the renewal fee is not paid by the end of the Subscription period. In event Customer does not have an active Subscription service, Best Connect Online may unilaterally and rightfully terminate the Contract.
5.3 Best Connect Online utilizes credit 3rd party service provider to process online credit card payments. When making payment with credit card Customer agrees all payments of using the online credit card facilities are subject to verification of the information. Funds will be deducted in USD currency. Customer will pay the credit card issuer any additional charges charged directly to Customer by the use of the credit card payment services.
6. WARRANTY
6.1. Best Connect Online warrants Services provided are in compliance with the promised specifications and agrees that these Services will remain in compliance with the specifications defined on the Website located at https://bestconnect.online and that such compliance will be valid throughout the Subscription period.
6.2. In the event that the installation and assembly of the eSim are not performed before its expiration date, Best Connect Online will not have any responsibility and will not be obliged to provide any Services with respect to such eSim. Likewise, Best Connect Online will not have any responsibility and Best Connect Online will not be obliged to provide any Service if the eSim’s are intervened for repair or similar purposes by parties not authorized by Best Connect Online during the Subscription period.
7. TERM AND TERMINATION OF THE CONTRACT
7.1. This Contract has been concluded for an indefinite period of time and it will remain in effect until terminated by either Party or terminated by mutual agreement or subject to the terms and conditions under caluse 7.3 of this Contract. The Contract may not be terminated during any active Subscription period without cause. If this Contract is terminated by the Customer without cause, any fees paid specified in the Order will not be returned to the Customer.
7.2. Either Party may terminate this Contract immediately, without giving any reason and without compensation, with a notification to be made at least 1 month in advance, provided that there is no active Subscription provided to the Customer.
7.3. If the Customer has not purchased a new Subscription or any other Service within 6 months following the expiration of its last active Subscription, the Contract will automatically terminate at the end of such period.
7.4. In the event that either Party does not fulfill its obligations arising from this Contract or the Law, or violates its obligations under this Contract, the other Party shall notify the violating Party of this and demand to have it corrected within 2 weeks of notice date. If the said violation is not remedied within 2 weeks, the other Party will have the right to terminate the Contract with cause.
7.5. In the event that the Contract is terminated by the Customer for cause, the Customer shall have the right to receive a refund of the fees paid for the Services in proportion to the extent the Customer cannot use the Services.
8. CONFIDENTIALTY
Parties agree and undertake to keep the Confidential Information of the other Party confidentially, not to disclose and/or publicize the other Party’s Confidential Information to third parties who are not legally authorized in any way whatsoever, without the written consent of the other Party, and not to use it directly or indirectly, except when required by the commercial relationship between them.
The Customer accepts and undertakes that, Best Connect Online’s financial, intellectual and industrial rights of all kinds in the data, software, systems, programs, trademarks, patents including all kinds of methods, designs, inventions, know-how, innovations and works developed and planned by Best Connect Online within the scope of Best Connect Online’s Services belong to Best Connect Online or its related providers.
For the avoidance of doubt Confidential Information shall mean all of the disclosing party’s confidential information which it has not released publicly and shall include any confidential information whether transmitted orally, electronically, in writing or by whatever means, which the owner considers to be confidential.
Non Confidential Information: Confidential Information shall not include information which
i) Is generally made available to third parties without any restrictions concerning use or disclosure;
ii) The receiving party can reasonably demonstrate that such information was already in its possession, free of any obligation of confidence at the time of disclosure by the other party;
iii) Was developed by employees or agents of the party independently of and without reference to any Confidential Information or other information that this party has disclosed in confidence to the other party;
iv) Was rightfully communicated by a third party to the other party free of any obligation of confidence and where the third party did not derive it directly or indirectly from either party;
v) Was independently conceived, designed or developed by either party without breach of this Contract.
Each party recognizes the interest of the other party in its Confidential Information and each party hereby agrees to take such steps as may be reasonably necessary to ensure that any Confidential Information received under this Contract shall:
i) Be kept confidential;
ii) Be treated by each party in the same way as it treats Confidential Information generated by itself;
iii) Be disclosed only to employees of the party or to other persons within the control of that party who have a required need to know and who have signed an undertaking in writing to be bound by the provisions of this Contract;
iv) Not be used by each party other than in connection with the implementation of this Contract.
Notwithstanding the above either party may disclose Confidential Information of the other if required so to do by any law, regulation or order of a court of competent jurisdiction provided that the required party shall notify the other in writing in good time if such disclosure is required so that the other party may intervene in response to such order to obtain an appropriate protective court order or other remedy which the other party considers suitable.
The Parties must furnish only that portion of Confidential Information which is legally required to be furnished and will exercise all reasonable efforts to draw attention to the required confidential treatment to be accorded to such Confidential Information.
Without the explicit written consent of the other party neither party shall be permitted to use Confidential Information to acquire, design, develop and/or market software or other products which in any way compete with the other party’s products.
9. INTELLECTUAL PROPERTY RIGHTS
The Customer agrees that Best Connect Online does not transfer or provide any rights to Customer any intellectual and industrial right on any data, trademark, patent, hardware, software, application, utility model, industrial design, intellectual and artistic work owned or provided by Best Connect Online and only provides the right to use such within the scope of the Services.
The customer agrees that all intellectual property rights relating to the Services belong to Best Connect Online or its related sub-suppliers and that it will not copy the Services or the Mobile Application in any way, produce a similar service and/or have it produced through third parties. Customer accepts, declares and undertakes that it will ensure to act in accordance with this article, otherwise, Best Connect Online may claim all damages and losses from the Customer caused as a result as well as initiate legal and penal proceedings against the Customer.
10. LIMITATION OF LIABILITY
10.1. Best Connect Online provides all related Services “As Is” and does not make any claims or commitments that the Services are error-free, flawless, uninterrupted, perfect, or that they will fully meet the specific needs of the Customer. Best Connect Online does not make any express or implied commitments regarding commercial suitability, fitness for a particular purpose or use, or non-infringement within the scope of this Contract.
10.2. Best Connect Online is not responsible for indirect damages, loss of profit, loss of data, loss of business, loss of reputation, loss of expected savings, interruption of business by the Customer. or any indemnity claims made by a third party against the Customer for any reason including but not limited to below reasons:
(i) Due to the Customer’s use, non-use or misuse of the Services or failure to fulfill the commitments and obligations set forth in this Contract;
(ii) Any hardware, system software/other software and network-related functionality and any resulting failures;
(iii) Communication network, internet connection, operator connection errors;
10.3. The Customer agrees that the access to and quality of data and content offered by the use of the Services provided by Best Connect Online largely depends on the quality of the service provided by the GSM operator and the relevant mobile internet service providers facilitating the communications of mobile devices. Best Connect Online has no responsibility for the problems arising from the service quality of such services and declares that its operation is not free from defects and that it may encounter technical failures or access barriers from time to time. Best Connect Online does not make any warranty as to the accuracy, completeness, reliability or continuous supply of the content or information contained on any third-party sites or resources accessed via the Service. Customer must protect itself against harmful software while using Services, should ensure all protection methods.
11. GENERAL PROVSIONS:
11.1. The Customer cannot transfer, assign or lease its obligations under this Contract to another real or legal third party without the prior written consent of Best Connect Online, It cannot share with another real or legal third party the responsibilities set forth in this Contract and therefore cannot transfer or assign its rights, obligations and receivables to another person or legal entity for any reason.
11.2. If any provision of this Contract is found to be invalid or unenforceable, such invalid or unenforceable provision will not affect any other term or provision of the Contact. The parties will negotiate in good faith to amend the existing Contract as necessary in order to make the said provision valid and enforceable and to best represent the original aims of the parties.
11.3. Force Majeure;
11.3.1. In the event that the Parties cannot fulfill their obligations due to a force majeure event that they cannot foresee or prevent (except for confidentiality obligations and Intellectual Property Rights), they will not bear any responsibility towards each other. Some of the force majeure accepted under this Contract are as follows: war, embargo, fire, flood, earthquake, pandemic or other natural disasters or calamities.
11.3.2. If there is a delay in the provisions of the Contract due to a force majeure event, a new time shall be set for the fulfillment of such responsibilities. The Parties will make every effort to minimize the effects of a force majeure event. In case the force majeure event lasts more than 2 (two) months, the parties shall have the right to suspend the Contract, and if the force majeure event lasts more than 6 (six) months, the Parties shall have the right to terminate the Contract.
11.4. Best Connect Online performs all Services under this Contract as an independent contractor and nothing herein shall create any union, partnership, joint venture or directorate, agency or subordinate relationship between the Parties, or to any of the party, express or implied, otherwise.
11.5. All correspondence within the scope of this Contract will be made via the e-mail address to be notified by the Customer, with the exception of notifications regarding termination and default. Notifications regarding termination and default will be made through registered mail to the addresses of the parties written in this contract. If one of the parties changes the notification address without notifying the other, the notifications made to the addresses in this Contract will be considered valid until the other party is notified of the change.
11.6. This Contract has been executed in writing and if it needs to be amended, it will be amended in writing to include the signatures of the Parties, but if the Contract has been executed upon confirmation by the Customer in an electronic environment, it will be amended together with the mutual acceptance of the amended new agreement by Best Connect Online and the Customer in an electronic environment.
11.7. No provision of, right, power or privilege under this Contract shall be deemed to have been waived by any act, delay, omission or acquiescence on the part of either Party, its agents, or employees, but only by an instrument in writing signed by an authorized officer of each Party. No waiver by either Party of any breach or default of any provision of this Contract by the other Party shall be effective as to any other breach or default, whether of the same or any other provision and whether occurring prior to, concurrent with, or subsequent to the date of such waiver.
11.8. The charges specified in this Agreement are inclusive of all taxes, duties, withholding, fees and expenses, excluding ans sales tax, if due and owing, shall be paid by the Customer.
11.9. The following provisions shall survive the expiration or termination of this Contract for any reason: in Articles 8, 9 and 10 of this Contract.
11.10. This Agreement will be interpreted in accordance with the laws of the New York, United States of America excluding its conflict of laws rules. The Parties agree that the federal and state courts located in New York, United States of America shall be the proper forum for any action brought against the other Party, and each Party shall take all necessary actions to consent to the jurisdiction of such courts. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
