T&C 01/10/2018  General Terms and Conditions for the supply of Dust World Carrier Services

Last update October 1, 2018

Article 1. Definitions and framework

  1. Dust Mobile is registered Mobile Operator in multiple countries delivering secure mobile communications and connectivity services to professionals through the provisioning of its proprietary SIM Card.
  2. The Dust Mobile SIM Card (“Dust World”) is a mobile postpaid SIM Card, which can be incorporated into a compatible equipment in order to use mobile services (the “Services”). The Services are based on the Dust Mobile network connectivity services and are limited to the countries where Dust Mobile has an active cellular host network partner, and subject to the conditions of such host network partners agreements. The Dust Mobile Services and the Dust World SIM Card are exclusively sold to professionals with well recognized establishment after validation and qualification from Dust Mobile. Usage and acquisition of Dust World SIM Card and Dust Mobile Services by consumer are not allowed.
  3. The Dust Mobile services and Dust World SIM Card are described on the website: dustmobile.com
  4. Dust World SIM Card default configuration is data only. As an option the customer (“Customer”) can subscribe to SIP phone numbers and the Customer can make VoIP phone calls depending on local network data capabilities (premium calls or emergency calls or SMS service with the Dust World SIM Card are not always available depending on service and options selected by the customer).
  5. The countries where the Customer can technically use the Dust World SIM Card are detailed on the website: dustmobile.com. The country list is subject to modification anytime depending on Network Operator Partners and Local regulations.
  6. The Dust World SIM Card is sold directly by Dust Mobile on its dedicated website or is sold by Dust Mobile independent resellers into a value-added pack (“Pack”). The Pack includes the T&C’s, including the Dust Mobile Price List & tariffs.
  7. The Dust World current Price List & Tariffs are detailed on the website: dustmobile.com
  8. A web Self-care is provided for the Customer to subscribe and/or top up the Services at dustmobile.com.
  9. “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identity document, an identification number, location data, economic data, an online identifier or to one or more factors specific to the physical identity.

Article 2. Agreement

  1. This agreement (“Agreement”) will commence and a binding contract will exist between Dust Mobile and the Customer when the Customer subscribes to the Services and confirm the Dust World SIM Card purchasing order with payment in full. It will continue until terminated as set out here.
  2. Where Customer has entered into this Agreement with Dust Mobile through our website or a validated purchasing order with the help of a value-added reseller, the Customer has the right to cancel this Agreement any time within fourteen (14) days by contacting the customer service department by e-mail at hello@dustmobile.com. These are clear days (full day from 0 to 24 hours) and business days (Monday to Saturday; Sundays and official EU public holidays are not business days). However, the Customer will not be able to retract or cancel on the SIM Card purchase order as the Dust World SIM Card is customized and produced on demand expressively for the Customer. If the Customer exercise this right, then we will refund remaining credit associated with the Customer account if any and charge the Customer for any remaining unpaid usage of the Dust World SIM Card. Any promotional offers or free Services will not apply when Customer decide to cancel in this way.
  3. All Services, including any related offers and promotions may be subject to specific additional terms and conditions advertised in our marketing literature and / or on the website. Please check our website regularly as these terms and conditions are updated from time to time.
  4. The Customer will remain responsible to Dust Mobile under this Agreement for the actions and any associated cost of any other person to use the Dust World SIM Card and the Services where Dust Mobile has not consented to a transfer of this Agreement or until Dust Mobile has formally acknowledged and confirmed a Dust World SIM Card cancellation request whatever the reason.

Article 3. Dust Mobile obligations

  1. Dust Mobile will provide the Services in accordance with the Agreement, and as described in the current price plan from the date and time of the Dust World SIM Card activation.
  2. Dust Mobile deploy its best effort to make sure that the Services are available to the Customer wherever possible. However, both availability and quality of the services may be affected by things and events Dust Mobile cannot control such as physical and logical obstructions, regulatory interruptions or obstructions, networks saturations and overload, faulty or incompatible device, atmospheric conditions and outages on the Network where such outages and their remedies are not within Dust Mobile control. In addition, Dust Mobile or its Network Operator Partners or its Infrastructure Service Partners may from time to time need to carry out upgrade or maintenance work on the Network or the service infrastructure which may affect the availability and/or the quality of the Services which will not exceed in principle 6 hours recovery time. Dust Mobile will try to keep such disruption to a minimum and find workarounds when possible to deliver even downgraded services.
  3. Dust Mobile shall provide the Services with reasonable skill and care and shall use reasonable efforts to make the services available to the Customer. If the Customer experience problems with Dust Mobile services or suspect a default, please contact as soon as detected through the Customer Self-care and open a customer support ticket.
  4. Dust Mobile may from time to time and without notice, modify the services in order to comply with safety, regulatory, statutory and other security requirements. Dust Mobile will try to ensure that this does not materially affect the scope of the services when possible but will always comply with local regulations and make security its first priority. If the Customer experience or suspect a default in the Dust Mobile local regulatory compliance or security, please contact as soon as identified through the Customer Self-care. The customer is fully responsible to verify the Dust Mobile usage is compliant with local regulations and applicable laws. Dust Mobile will not be responsible in any manner for the consequences of an inappropriate usage made by the Customer.
  5. If the Dust Mobile Service is interrupted in full for more than two (2) consecutive days, or if the lead-time for delivery of the ordered Dust World SIM Card is more than four (4) weeks after the date the Customer have entered into this Agreement, the Customers are entitled, provided this interruption or this delay is attributable to a breach by Dust Mobile only, to request from Dust Mobile a refund corresponding to any pending credit note and cancel this Agreement.

Article 4. Customer obligations

  1. The Customer must use the services in accordance with this Agreement, and any other reasonable instructions Dust Mobile give the Customer from time to time.
  2. The Dust World SIM Card does not have standard PIN code by default but a Dust World PIN code. The Customer can decide in addition to configure one standard PIN code by itself from the device if the Customer want to. The Customer must tell Dust Mobile immediately if the Dust World SIM Card has been lost or stolen and if the Customer suspect a breach in security through the Self-Care or the 24/7 call center as indicated on the Dust Mobile web site dustmobile.com.
  3. The Customer is responsible for all charges incurred on the Customer Account whether or not they are incurred by the Customer personally except those incurred after the Customer has notified Dust Mobile of the loss or theft of the Customer Dust World SIM Card and Dust Mobile has acknowledged it by sending the Customer an e-mail confirmation.
  4. The Customer agree to always comply with this Agreement and that Dust Mobile and Dust Mobile Network Operator and Dust Mobile Infrastructure Service Partner have the rights set out there. The Customer will be responsible to Dust Mobile for any losses, expenses or other costs incurred by Dust Mobile without limit as a result of a Customer breach of this clause.
  5. The Customer will not and / or intent to copy, duplicate, translate, reverse engineer, decompile, disassemble, or hack any Software, Hardware and / or Service included and / or embedded in Dust Mobile Software and / or Dust World SIM Card and / or Dust Mobile Services and / or Dust Mobile Website, documentation and manuals.
  6. The Customer will not transfer and / or delegate the usage of a Dust World SIM Card and / or the Dust Mobile Service access to any other person unless Dust Mobile directly or indirectly through its Value-added partner has formally consented to such transfer previously.
  7. The Customer must disclose the Customer Account details in full to Dust Mobile when the Customer open a Dust Mobile Account. The Customer must also provide Dust Mobile with a certified copy of its legal formation and registration document before the Customer first begin to use the services. If not properly uploaded in the Self-Care, Dust Mobile reserve the right to suspend immediately the services.
  8. The Customer acknowledge that Dust Mobile may suspend immediately without notice some or all services in case they do not comply with the applicable laws.
  9. The Customer is responsible for the way the Customer end-users use the services and Dust Mobile will not be responsible for any content sent or received by the Customer as well as the usage of Dust Mobile security technologies to send or receive such content. The Customer is responsible to verify the local regulations regarding security technologies usage restrictions such as authentication and / or encryption.
  10. The Customer is responsible to keep accurate the Customer contact details through the Self-Care.

Article 5. Dust World SIM Cards

  1. All Dust World SIM Cards provide by Dust Mobile to the Customer remain the property of Dust Mobile. While purchasing a Dust World SIM Card, the Customer acquire the right to use the Dust World SIM Card only. Dust Mobile may replace the Customer Dust World SIM Card at any time during this Agreement and may also require the Customer to return one or several Dust World SIM Card to Dust Mobile when replaced.
  2. The Customer must advise Dust Mobile if one or several of its Dust World SIM Cards are lost, stolen or damaged. Dust Mobile will replace any Dust World SIM Card, free of charge if it is defective. However, Dust Mobile reserve the right to charge the Customer for a replacement where a Dust World SIM Card appears to have been damaged by deliberate misuse or carelessness. Dust Mobile will charge the Customer with a “replacement fee” for the replacement of a Dust World SIM Card in case of lost or stolen SIM Card. Actual replacement fees are available at dustmobile.com.

Article 6. Credit and charges

  1. In order to use the services the Customer must buy a Dust World SIM Card from Dust Mobile web site or through a Dust Mobile Value-Added Reseller. The Dust World SIM Card are shipped to the Customer when payment are received in full by Dust Mobile via accepted credit card or Bank wire transfer.
  2. The Customer may opt to be charged for the Dust World SIM Card communications usage on (I) a valid accepted Credit card one time a month or (II) to request a Customer Credit Limit for an “end-of-month” invoicing with Bank wire transfer payment. In such case, Dust Mobile will set a monthly credit limit in euro and payment conditions based on its proper credit risk criteria.
  3. In case the Customer is using the services while its credit limit runs out, Dust Mobile may cease providing the Customer with those services until the Customer record further credits against its account. Dust Mobile impose limits on the total amount of credit associated with the Customer account during any period of time.
  4. The Dust Mobile billing period is based on calendar months.
  5. The Customer use of the Services is charged in accordance with the current applicable rates and fees as published and regularly amended on the dustmobile.com website. Charges for Dust World SIM Card and Dust Mobile Services fees including communications usages and services, fees and penalties will be added to the associated Customer account. In the event that charges are incurred simultaneously they will be included simultaneously. All available rates and fees are published on the website and will be regularly updated with price changes and special offers. Dust Mobile can change the charges applicable to the Customer usage at any time by posting the changes on the website with effect by the following billing period. The Customer can contact Customer services via the Self-Care to request details of Dust Mobile prices or any price change at any time.
  6. Credit paid allowances may only be used in payment for Dust Mobile Services. The Customer will not be entitled to receive any cash refund for any remaining credit or allowance unless expressly stated otherwise in this agreement. Credit and allowances are also not transferable, and no interest will be applied or payable to credit balances or allowances.
  7. The Customer Dust World SIM Card will be automatically and finally deactivated three (3) months after the Customer did not use the Services and connect with a full security credential verifications (at least one effective data connection with a full Dust World SIM Card cellular network connection and a Dust World SIM Card account synchronization cycle) with the related Dust World SIM Card except as otherwise agreed between Dust Mobile and the Customer.
  8. The Customer will receive monthly electronic invoice by email or through the Self-Care. The Customer communications details (CDR) will be available in the Self-Care for download. Standard payment delay is at seven (7) days after invoice transmission. If payment in full is not received during the standard payment delay, Dust Mobile may interrupt the Service without prior notice.
  9. The Customer will be charged automatically for payment by accepted credit card the first calendar day following the monthly billing period. The Customer with active credit account will make Bank Wire transfer for payment in full. The EU Customer may opt for an automatic payment SEPA Bank Wire processed the first workable calendar day following the billing period.
  10. The Customer may request for refund if an invoice present some undue or disputed charges within six (6) months after the billing date. In such case, Dust Mobile will review in detail Customer detailed Records and will notify the Customer of evidence and will process where appropriate with the refund for the disputed charged of undue amount during the following billing and invoicing cycle.
  11. Encryption, security, signaling and strong authentication are generating and/or increasing the effective usage volume of data and other communications. Keeping active a Dust Mobile secure or shield mode will also generate extra volume of data to keep credentials and secure connectivity active. Placing or receiving protected and/or secured voice and video communications are generating data usage as a SIP and VoIP technology enhanced service. Inbound and Outbound voice and sms terminations are charged separately. This usage of data is charged to the customer at standard data rates as indicated in the actual pricelist as published on the dustmobile.com website.

Article 7. When Customer may suspend or disconnect

Dust Mobile may, without any liability to the Customer, suspend or disconnect the Customer fully or partially from the Services, without notice:

  1. a) If Dust Mobile is entitled to terminate this Agreement due to Customer failure to comply with this Agreement but elect to provide the Customer with an opportunity to remedy such failure whenever reasonably practicable,
  2. b) If Dust Mobile is required to do so by the Government, Administrations, Home Land Security and Emergency Service Organization or any other competent body or lawful authority,
  3. c) For repairs or maintenance or security reasons,
  4. d) In circumstances where Dust Mobile observe fraudulent or unusual or suspect or inappropriate use of the Customer Account or the Dust World SIM Card or the Dust Mobile services,
  5. e) If Dust Mobile have a good reason to suspect a breach by the Customer of this Agreement,
  6. f) If the Customer advise Dust Mobile that one of its Dust World SIM Card has been stolen or lost or damaged or destroyed,
  7. g) If the Customer Dust World SIM Card or device is interfering with the normal operation of Dust Mobile Service or Dust Mobile Networks or Dust Mobile Network Operator Partner,
  8. h) If the Customer did not return all its contact information and documents within 15 days after this agreement is in place,
  9. i) If the Customer do not use the service in compliance with the applicable laws and regulations, and other conditions included in this agreement.

Article 8. Changing the agreement

  1. This section applies to all changes to the Agreement except changes to Dust Mobile charges and fees, which are described already above.
  2. Dust Mobile may change or update the Agreement at any time. Dust Mobile will only do this if Dust Mobile has valid reason, such as to reflect changing arrangements with Dust Mobile Network Operator Partners or compliance with legal, regulatory or business requirements.
  3. Where Dust Mobile makes a significant change to this Agreement, Dust Mobile will notify the Customer about this change and will place details on the Website. If the Customer do not agree with a significant change to this Agreement, the Customer may stop using the Services and terminate the Agreement.

Article 9. Communications, Security and Internet access

  1. Dust Mobile Services and Dust World SIM Card include mobile communications protection technologies and security systems. These systems may evolve over time without prior notice to improve the overall effectiveness and operability of the solutions. The protection systems principles are described on the dustmobile.com website. Dust Mobile do not provide extra details about deployed security technologies and services to monitor and adapt the effectiveness of such protections. Nevertheless, Dust Mobile will process to independent security certification when possible and/or deploy certified technologies to provide state-of-the-art security over mobile networks.
  2. Dust Mobile deploys its best effort to provide and maintain high-level protection systems but may not be responsible for any breach in security that could occur and will not be responsible for their consequences for the Customer and/or the end-user and/or any derivative. The customer is fully responsible to test and verify over time the Dust Mobile protection Services are compliant with the Customer security level and operational expectations including local security regulations.
  3. Dust Mobile do 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 Dust Mobile Services.
  4. Dust Mobile will not be responsible for any harm the Customer suffer from any virus, malware, back-door or similar type of attack that gains access to the Customer equipment and / or content, whether transmitted via the Dust Mobile Services or otherwise. It is the Customer responsibility to protect its equipment with suitable anti-virus, malware, encryption and protection software.
  5. Dust Mobile may be subject of some exportation restriction to some countries and/or regions and/or business sectors. In such case, Dust Mobile will notify the Customer and will cancel the order.
  6. Dust Mobile provides by default a +882 protected phone number linked to each Dust World SIM Card allowing the user to make and receive secured calls between Dust World SIM Card users only (voice, video, conference, Instant Messaging, Presence).
  7. As an option, the Customer may customize a Dust World SIM Card with additional protected local phone numbers. These numbers are providing voice communications only with no access to emergency call, premium numbers, sms and mms. The list of countries related to protected phone numbers is available on the dustmobile.com website and may evolve overtime.
  8. In addition, as an option, the customer may customize a Dust World SIM Card with one mobile phone number which will be considered de facto as prime default number. These numbers provide voice and sms communications. The emergency call service might not be available everywhere including in home country.
  9. Remote device location for emergency call is not available in most Dust Mobile usage mode as a security protection for the users. Please make sure you have an alternative way to call for emergency if and when necessary.
  10. Secure, Protected and Regular Voice services are based on IP protocols (SIP) generating data usage. Dust Mobile invoice the customer for such data usage at regular data rates as define in the actual price and rate list as well as the voice call terminations rates depending in the usage type, duration, country of destination, country of origin and possible other factors as define in the actual price and rate list.
  11. The Dust World SIM Card is providing a first level of resiliency as it allows the Customer to switch (manually or automatically) from different cellular Networks available locally provided by the Dust Mobile Host Network Partners.
  12. Dust Mobile develops the coverage for the Dust World SIM Card connectivity. The list of active countries is available on the dustmobile.com website. The list may be updated over time. In addition, Dust Mobile intent to make the connectivity possible over several cellular network in each country where and when possible (some countries keep telecommunications as State monopoly so with one single network available only).

Article 10. Payments

  1. Dust Mobile can ensure its customers that the online payment process is secured and handled by Ingenico e-payments.
  2. Dust Mobile keeps the right to refuse and block or suspend any account or Dust World SIM Card for any fraud or fraud attempt.
  3. Dust Mobile may open a credit account on request. A credit limit is then set by Dust Mobile and allow the customer to be invoiced end-of-month and pay with bank wire for international customers and SEPA for EU customers. Terms and conditions of payment and credit limits are notified by Dust Mobile to the customer by e-mail. Terms, conditions and credit limit may be amended by Dust Mobile without notice.

Article 11. Protection of Personal Data

  1. The Customer Personal Data is collected by Dust Mobile to provide the Customer with enhanced experience using the Services and to comply with applicable laws and regulations regarding user identification and usage. In particular, Dust Mobile take all necessary steps to ensure the protection and confidentiality of the Customer Personal Data and may not use it for purposes other than customer relation management, accounting, security services, market research, prevention of fraud and/or offences. Any collected information will be erased from the Dust Mobile Systems at the term of your contract after the regulatory retention period, or within one year from the term of the contract in case of an identification obligation, unless a longer retention period is imposed or permitted by the applicable law and / or regulation.
  2. The Customer Personal Data is collected by Dust Mobile in compliance with the EU Regulation 2016/679 from the European Parliament and the Council of 27 April 2016 regarding the protection of natural persons with regard to the processing of Personal Data and the free movement of such data (“GDPR”).
    The protection and the confidentiality of Customer Personal Data will always be protected in compliance with the GDPR, including if the Customer is not a national from a Member State of the European Union.
  3. The Customer hereby agree and acknowledge that the Customer personal data may be transferred to any Dust Mobile entity. The processing of the Customer Personal Data will be executed in the EU by Dust Mobile or its subcontractors, provided such subcontractors are subject to contractual clauses with Dust Mobile in accordance with the GDPR.
  4. The Customer has always a right of access, rectification and opposition to processing of the Customer Personal Data. Access to such information is provided with the Self-Care.

Article 12. Devices and Software

  1. Dust Mobile provides some applications software with the Dust World SIM Card:
    • Dust OnSIM is the application to manage Dust World SIM Card customer preferences. This application is mandatory to make use of a Dust World SIM Card. Dust OnSIM is specific to the device operating system. Please verify availability and compatibility on the dustmobile.com website. Dust OnSIM is downloadable from the dustmobile.com website and/or some marketplaces.
    • Dust OnCALL is the communication application for protected voice and video call, conference, instant messaging, presence. This application is optional but required to make usage of the Dust World SIM Card other than data only. Dust OnCALL is specific to the device operating system. Please verify availability and compatibility on the dustmobile.com website. Dust OnCALL is downloadable from the dustmobile.com website and/or some marketplaces.
  2. The Customer has to comply with the indications provided by Dust Mobile in terms of technical norms and standards imposed by competent authorities and telecommunications regulators.
  3. The Dust Mobile Services and the Dust World SIM Card may not be fully functional depending on device manufacturers and / or operating systems. If the Customer experience such functional restrictions, please advise Dust Mobile through the Self-Care. Dust Mobile will not be responsible for any incompatibility between the Dust Mobile Services and / or Dust World SIM Card with a device and / or an operating System. In addition, Dust Mobile Services and / or Dust World SIM Card may not provide full functionalities depending on the usage and / or the other software the Customer may install and use on its devices and / or the country where the Customer intent to use the Dust Mobile Service and / or the Dust World SIM Card. If the Customer experience such usage restrictions, please advise Dust Mobile through the Self-Care. Dust Mobile will not be responsible for any incompatibility between the Dust Mobile Services and / or Dust World SIM Card with any third-party software and / or network protocols.

Article 13. Contact

For any information, please contact Dust Mobile with the online Self-Care or by email at hello@dustmobile.com or by mail at Dust Mobile SA/NV - Customer Service - Avenue Louise 523 Louisalaan 1050 Brussels, Belgium or by phone (24/7 English):

  • from Belgium 0800 37 407
  • from France 0805 69 22 99
  • from other countries +32 2 319 49 59

For privacy matters, please contact the Dust Mobile – the Privacy & Security Officer - Avenue Louise 523 Louisalaan 1050 Brussels, Belgium.

Article 14. Applicable law

The Agreement and the relationship of the Parties in connection with the subject matter of this Agreement shall be governed by and determined in conformity with Belgian law. Any dispute shall be brought before Brussels courts.

 

Dust Mobile Offices:

  • Dust Mobile sa/nv

Avenue Louise 523 Louizalaan 1050 Brussels, Belgium

VAT BE 0677693270 - BCE 0677.693.270 - BIPT 386

 

  • Dust Mobile sas

31bis Rue des Longs Prés 92100 Boulogne-Billancourt, France

TVA FR 63831238704 – SIRET 831 238 704 00017 - R.C.S. NANTERRE 831 238 704 - ARCEP 170710