General Terms and Conditions
Dust Mobile Cyber Defense Carrier Services (“GTC”)
last update applicable as of September 1, 2020
Article 1. Definitions and framework
- Dust Mobile is a registered mobile carrier in multiple countries delivering global mobile communications and cyber defense services to professionals, enterprises, orgnanizations and governments across the world through the provisioning of its proprietary secure SIM card.
- The Dust Mobile SIM Cards (“Dust World / Dust Wide / Dust OPSec SIM Cards”) are mobile GSMA eUICC compatible SIM Cards, which can be incorporated into a GSMA compatible equipment – smartphone, tablet, sensor, IoT, M2M- in order to use the mobile connectivity services (“Services”). The Services are based on the Dust Mobile network (“Dust Mobile Network”) connectivity services and are limited to the countries where Dust Mobile has an active cellular network partner (“Dust Mobile Cellular Network Partner”), and subject to the conditions of such network partner agreements.
- The Dust Mobile Products & Services are exclusively sold to public or private organisations which are well established and registered, and are in compliance with international laws, after validation and qualification by Dust Mobile and its Value-Added Partners. Usage and acquisition of Dust SIM Card and Dust Mobile Services by consumers are not allowed, unless explicitly permitted by Dust Mobile and for specific Dust SIM Cards and specific Dust Mobile Services expressly marked for usage by consumers. The acquisition of Dust SIM Card and Dust Mobile associated services are sold in a limited number of countries.
- The Dust Mobile Services and Dust Mobile SIM Card technical details are described and regularly updated on the Dust Mobile customer self-care portal at selfcare.dustmobile.com.
- Dust World and Dust OPSec SIM Card’s default configuration is data only. As an option the customer (“Customer”) can subscribe to additional phone numbers and the Customer can make protected phone calls depending on local network capabilities. Note that premium calls and emergency calls and SMS service with the Dust World and Dust OPSec SIM Cards are not always available depending on location, service and options selected by the Customer. We ask the Customer to always have an alternative option available to make emergency calls.
- Dust Wide SIM Card’s default configuration is voice, data and text messaging. As an option the customer (“Customer”) can subscribe to additional phone numbers and the Customer can make protected phone calls depending on local network capabilities.
- The countries where the Customer can technically use the Dust Mobile SIM Card are detailed on the Dust Mobile customer self-care portal at selfcare.dustmobile.com (service coverage section). The country list and service coverage are subject to modification anytime without any right to compensation depending on the Dust Mobile Network Operator Partners, local and international regulations, environmental and political conditions.
- The Dust Mobile SIM Cards are sold directly by Dust Mobile or via a Dust Mobile certified Value-Added Partner as part of a value-added pack (“Pack”). The Pack includes the GTC, and the Dust Mobile Price List & Tariffs. Usage of the Pack automatically implies acceptance of the GTC and of the Dust Mobile Price List & Tariffs.
- The Dust Mobile actual Price List & Tariffs are detailed in the commercial offer and regularly updated on the Dust Mobile customer self-care portal at selfcare.dustmobile.com.
- Additional Services are available to the Customer on the Dust Mobile customer self-care portal at selfcare.dustmobile.com after login.
- “Personal Data” means all 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, economic data or to one or more factors specific to the physical identity.
- “End-User” is the natural person associated with the Customer (e.g. employee) authorised by the Customer to use the Dust Mobile Sim Card and rely on the Services.
Article 2. Agreement
- Any agreement entered into between Dust Mobile and a Customer (“Agreement”) will be governed by these GTC, with the exclusion of any other (general) terms and conditions. Such Agreement will commence and will be binding between Dust Mobile and the Customer when the Customer orders a Dust SIM card and subscribes to the Services directly or via a Dust Value-Added Partner (“Effective Date”). It will continue until terminated as set out hereunder.
- When the Customer is a consumer and has entered into the Agreement with Dust Mobile through a validated purchasing order directly with Dust Mobile including online or via a Value-Added Partner, the Customer has the right to cancel the Agreement at any time within a period of fourteen (14) days of the Effective Date by contacting the customer service department via the website support.dustmobile.com. These are full business days (from 0 to 24 hours, from Monday to Saturday; Sundays and official EU public holidays as determined by the European Commission for the institutions of the European Union are not business days). However, the Customer will not be able to retract or cancel a Dust Mobile SIM Card purchase order when the Dust Mobile SIM Card has been produced and shipped to the Customer as the Dust Mobile SIM Cards are customised expressly for the Customer. If the Customer exercises his right to cancel the Agreement, then Dust Mobile will refund the remaining credit associated with the customer account, if any, and/or charge the Customer for any remaining unpaid usage of the Dust Mobile SIM Card. Any promotional offers or free Services will not apply when the Customer decides to cancel in this way.
- 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 at dustmobile.com. The Customer is advised to check the Dust Mobile customer self-care portal at selfcare.dustmobile.com regularly as these additional terms and conditions are updated from time to time.
- The Customer will remain responsible to Dust Mobile and appropriate Authorities under the Agreement for the actions, usages and any associated costs of any other person to use the Dust Mobile SIM Card and the Services if and when Dust Mobile has not consented to a transfer of the Agreement or, in the case of a cancellation request, until Dust Mobile has formally acknowledged and confirmed a Dust Mobile SIM Card cancellation request whatever the reason.
Article 3. Dust Mobile obligations
- Dust Mobile will provide the Services in accordance with the Agreement, and as described in the Dust Mobile Price List & Tariffs as updated on the Dust Mobile customer self-care portal at selfcare.dustmobile.com, from the date and time of the Dust Mobile SIM Card activation.
- Dust Mobile commits its best effort to make sure that the Services are available to the Customer wherever possible. However, both the availability and quality of the Services may be affected by things and events Dust Mobile cannot control such as, but not limited to, physical and logical obstructions, regulatory interruptions or obstructions, networks saturations and overload, faulty or incompatible devices, atmospheric conditions and outages on the Dust Mobile Network where such outages and their remedies are not within Dust Mobile control. In addition, Dust Mobile, the Dust Mobile Network Partners and/or the Dust Mobile infrastructure service partners (“Dust Mobile Infrastructure Service Partner”) may from time to time need to carry out upgrades or maintenance work on the Dust Mobile Network or the service infrastructure which may affect the availability and/or the quality of the Services. Such upgrades or maintenance work will in principle not exceed 8 hours recovery time. Dust Mobile will try to keep disruptions to a minimum and find work-arounds when possible. Dust Mobile will try to deliver minimal Services.
- Dust Mobile also commits its best effort by dedicating resources to ensure the security of the carried communications and the protection of uses against security breaches with technical solutions deployed that are suitable for the customer who accepts their limitations. Dust Mobile cannot thus guarantee the infallibility of its systems against cyber-attacks and consequently cannot be held liable for any damage of any nature whatsoever suffered by the client and its beneficiaries.
- Dust Mobile shall provide the Services with reasonable skill and care and shall use reasonable efforts to make the connectivity Services available to the Customer. If the Customer experiences problems with the Dust Mobile connectivity Services or suspects a default, the Customer should contact Dust Mobile as soon as possible through the Dust Mobile customer self-care portal at selfcare.dustmobile.com and open a customer support ticket. Alternatively, in case of self-care website disruption, the customer may open a ticket by sending an email to email@example.com
- 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 commit to complying with international laws and local regulations and to making security its first priority. If the Customer experiences or suspects a default in the Dust Mobile local regulatory compliance or security, the Customer may contact Dust Mobile through the customer self-care portal at selfcare.dustmobile.com. The Customer is fully responsible to verify that its 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.
- If the Dust Mobile Service is fully interrupted for more than two (2) consecutive days, or if the delivery time of the ordered Dust Mobile SIM card is more than four (4) weeks after the date on which the Customer has entered into the Agreement and made full payment, the Customer is entitled, provided that such interruption or delay is attributable to a breach by Dust Mobile only, to request from Dust Mobile a refund corresponding to the amounts of the subscriptions during this period in the event of a service interruption or the refund of the amounts paid in payment for the Dust Mobile SIM card in the event of a new order for a sim card, and the Customer may request the cancellation of the agreement relating to the SIM card affected.
Article 4. Customer obligations
- The Customer must use the Services in accordance with the Agreement, and any other reasonable instructions and guidelines Dust Mobile may give the Customer from time to time.
- The Dust Mobile SIM Card does not have a standard PIN code by default but may be protected with a Dust Mobile Secure PIN code (S-Pin). The Customer must inform Dust Mobile immediately if the Dust Mobile SIM Card has been lost or has been stolen and/or if the Customer suspects a breach in security. A security breach message is to be sent through the online support portal on selfcare.dustmobile.com (“create new ticket”) or by email at firstname.lastname@example.org.
- 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 Mobile SIM Card and Dust Mobile has acknowledged it by sending the Customer a confirmation by e-mail.
- The Customer agrees to always comply with the Agreement and agrees that the Dust Mobile and Dust Mobile Network Partner and Dust Mobile Infrastructure Service Partner have the rights as set out here. The Customer will be liable to Dust Mobile for any losses, expenses or other costs incurred by Dust Mobile without limit as a result of a Customer breach of the Agreement (including the GTC).
- The Customer will not and/or intend to copy, duplicate, translate, reverse engineer, decompile, disassemble, or hack any software, hardware and/or any service included and/or embedded in Dust Mobile software and/or the Dust Mobile SIM Card and/or Dust Mobile Services and/or Dust Mobile infrastructure and/or the Dust Mobile website or portal, documentation and manuals.
- The Customer will not transfer a Dust Mobile SIM Card and/or the access to a Dust Mobile Service to any other person or entity unless Dust Mobile has directly and formally consented to such transfer before the transfer has taken place.
- The Customer must disclose the customer account details in full to Dust Mobile when the Customer opens a Dust Mobile account. The Customer must also provide Dust Mobile with a legalised and/or certified copy of its deed of incorporation and proof of registration with the competent authorities before the Customer first begins to use the Services. In some cases, an End-User Certificate may also be required before Dust Mobile may ship a Dust Mobile SIM Card to the Customer. In case the Customer is a consumer, a copy of its identification documents (e.g. identity card, passport, driver’s license) and a proof of residence must be provided before the Customer first begins to use the Services. If not properly documented and/or updated on the self-care portal at selfcare.dustmobile.com, Dust Mobile reserves the right to suspend the Services immediately.
- The Customer acknowledges that Dust Mobile may suspend immediately and without notice or compensation some or all Services in case the Customer does not comply with the GTC and/or applicable laws and regulations.
- The Customer is fully responsible for the way the Customer’s End Users use the Services. Dust Mobile will not be responsible for any content sent or received by the Customer (and/or its End Users) 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 usage restrictions for security technologies such as authentication and/or encryption and/or encrypted Voice Call/VoIP/VoLTE/SMS Text/MMS/Data and/or cellular radio communications.
- The Customer is responsible for keeping its contact details accurate on the customer self-care portal at selfcare.dustmobile.com.
Article 5. Dust Mobile SIM Cards
- All Dust World SIM Cards and Dust Wide SIM Cards and Dust OPSec SIM Cards ( Dust Mobile SIM Cards ) whatever the format – ie SIM and eSIM – provided by Dust Mobile to the Customer remain the property of Dust Mobile. When purchasing a Dust Mobile SIM Card, the Customer acquires the right to use the Dust Mobile SIM Card only. Dust Mobile may replace and/or update remotely the Customer Dust Mobile SIM Card – SIM and/or eSIM – at any time during the Agreement and may also require the Customer to return one or several Dust Mobile SIM Cards to Dust Mobile when replaced.
- The Customer must advise Dust Mobile if one or several of its Dust Mobile SIM Cards are lost, stolen or damaged. Dust Mobile will replace any Dust Mobile SIM Card, free of charge if it is defective and returned to Dust Mobile. However, Dust Mobile reserves the right to charge the Customer for a replacement when a Dust Mobile SIM Card appears to have been damaged by deliberate misuse or by carelessness or resulting from a device dysfunction. Dust Mobile will charge the Customer with a “replacement fee” for the replacement of a Dust Mobile SIM Card in case of a lost or stolen SIM Card. Actual replacement fees are available on the customer self-care portal at selfcare.dustmobile.com.
Article 6. Credit and charges
- In order to use the Services, the Customer must purchase a Dust Mobile SIM Card from Dust Mobile or through a certified Dust Mobile Value-Added Partner. The Dust Mobile SIM Cards will only be shipped to the Customer when payment in full is received by Dust Mobile.
- The Customer may opt to be charged for the Dust Mobile SIM Card communications usage – data, call and other optional Services – and/or service subscription plans on (I) a valid, accepted credit card once 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 own credit risk criteria.
- When the Customer is a consumer, the credit card is the only allowed payment method.
- In case the Customer is using Services while its credit limit runs out, Dust Mobile may cease providing the Customer with those Services until the Customer credits its customer account. Dust Mobile may impose limits on the total amount of credit associated with the customer account during a certain period of time.
- The Dust Mobile billing period is based on calendar months.
- The Customer’s use of the Services is charged in accordance with the then currently applicable rates and fees – based on (I) « Monthly Plan » including a volume of data and communications to be used over the billing period and a limited geographical area, OR (II) « Pay-as-you-go » fees based on the country of usage for data and country of destination for outgoing calls and country of usage for receiving call and country of destination for Text Messages OR (III) “Out of Monthly Plan” fees based on the country of usage for data and country of destination for outgoing calls and country of usage for receiving call and country of destination for Text Messages – as published and regularly amended on the customer self-care portal at selfcare.dustmobile.com. Charges and fees for the usage of the Dust Mobile SIM Card and Dust Mobile Services including the usage of optional numbers, optional security services, communication usage and services, other fees and penalties will be added to the associated customer account. In the event that charges are incurred simultaneously they will be added to the customer account simultaneously. All available rates and fees are published on the customer self-care portal at selfcare.dustmobile.com and will be regularly updated with price changes and special offers. Dust Mobile can change the rates and fees applicable to the Customer’s usage at any time by posting the changes on the customer self-care portal. The changes come into effect the following billing period. The Customer can contact customer services via the self-care portal at selfcare.dustmobile.com at any time to request detailed information on Dust Mobile prices or any price change. Any increase in rates and fees shall be notified to the Customer via e-mail and/or through the self-care portal at least seven (7) calendar days before they come into effect. In case the Customer is a consumer, the Customer shall have the right to terminate the Agreement within a period of one (1) month after said notification. In case the Customer is not a consumer, the Customer will have the same right in case the increase is substantially above increases applied in the telecommunication sector and/or by competitors in the sector.
- Credit and 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 the Agreement. Credit and allowances are also not transferable, and no interest will be applied or payable on credit balances or allowances.
- The Dust Mobile SIM Card will automatically and finally be deactivated in case the Customer has not used the Services and thus has not connected to the Dust Mobile Network with a full security credential verification (meaning: at least one effective data connection with a full Dust Mobile SIM Card cellular network connection and a Dust Mobile SIM Card account synchronisation cycle) using the related Dust Mobile SIM Card during three (3) consecutive months.
- The Customer will receive a monthly electronic invoice through the online self-care portal at selfcare.dustmobile.com. The Customer’s communications details voice, text and data (“Call Detail Records” or “CDR”) will be available on the Dust Mobile customer self-care portal only selfceare.dustmobile.com. For security and confidentiality reasons, no CDR appears on invoices that show the summary of all usage, purchases or services for all SIM cards aggregated by customer for a given period. Standard payment delay is set at fifteen (15) days after invoice date and made available on the self-care portal. If payment in full is not received during the standard payment delay, Dust Mobile may suspend the Services without prior notice.
- The Customer will be charged automatically for payment on the accepted credit card the first calendar (business) day following the monthly billing period. The Customer with an active credit account (Customer credit limit) will do a bank wire transfer for payment in full, net of any bank wire transfer charges. The EU Customer may opt for an automatic payment SEPA bank wire transfer, to be processed the first calendar (business) day following the billing period.
- All payments are made in euros, unless the customer decides otherwise in his profile on the selfcare @ selfcare.dustmobile.com website. If the invoice and payments are made in a currency other than EURO, the amount to be paid shall be the result of the exchange of the amount in EURO and the exchange rate as published on the selfcare portal on the invoice date. Any amount not paid on the due date shall bear interest until payment at the official rate PIBOR 12 months plus (five) 5.0% per annum, or interest for late payment in accordance with Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions and as transposed into French law, whichever is lower. In the event that Customer is a consumer, an interest rate of (five) 5.0% per annum will apply to any late payment due by or to Dust Mobile.
- The Customer may request for a refund within three (3) months after the billing date, if an invoice presents some undue or disputed charges. In such case, Dust Mobile will review the Customer’s communication details (CDR) and will notify the Customer of its findings. When appropriate, Dust Mobile will process the refund of any undue amount during the following billing and invoicing cycle. Any refunds shall be credited to the customer account.
- Encryption, security, signaling and strong authentication will generate and/or increase the effective usage volume of data and other communications. Keeping an active Dust Mobile secure mode will also generate some volume of data in order to keep credentials and secure connectivity active or in order to verify some possible security breaches. Placing or receiving protected and/or secured voice and video communications will generate data usage as a TLS/SRTP, VoIP or VoLTE technologies enhanced service. Inbound and outbound VOICE CALL and TEXT terminations are charged separately. This usage of data is charged to the Customer at standard data rates as indicated in the Dust Mobile actual Price List & Tariffs as published on the customer self-care portal @ selfcare.dustmobile.com.
- The prices of Dust Mobile Products and Dust Mobile Services do not include any domestic, foreign, federal, state or local taxes, or sales, use, excise, ad valorem, value-add, withholding or other taxes or duties that may be applicable to the purchase of Dust Mobile Products and/or Dust Mobile Services. When Dust Mobile has the legal obligation to collect such taxes, the appropriate amount shall be added to End User’s invoice and paid by the End User unless End User provides Dust Mobile with a valid tax exemption certificate prior to issuance of a Purchase Order. Such certificate must be in a form authorised by the appropriate taxing authority.
Article 7. Shipping and Delivery of the Dust Mobile SIM Card.
- Shipping Dates. Shipping dates will be established by Dust Mobile upon its acceptance of the Customer’s order. Dust Mobile shall use commercially reasonable efforts to assign shipping dates as close as practicable to Customer’s requested date. Dust Mobile shall not be liable for any damages, direct, consequential, special, punitive, or otherwise, to the Customer or to any other person for Dust Mobile’s (a) failure to fulfil any orders, (b) delay in delivery, (c) error in filling any orders for any reason whatsoever or (d) failure to give notice of any delay or error, except in case of intentional fault or willful misconduct.
- Shipping Terms and Risk of Loss. Shipping terms shall be Ex Works Dust Mobile designated shipment point (INCOTERMS 2010), which shall appear on Dust Mobile’s order acknowledgment, unless expressly mentioned otherwise in the Agreement. Risk of loss or damage of a Dust Mobile SIM Card shall pass from Dust Mobile to the Customer when delivery will be deemed to have occurred as confirmed by the carrier.
- Dust Mobile will ship all Dust Mobile SIM Cards to a delivery point designated by the Value-Added Partner or directly to the shipping address designated by the Customer. If any, the Value-Added Partner will take care of shipment/recovery to the Customer including the relation with local carrier representatives when Dust Mobile SIM Cards are shipped directly to Customer. In case of damage, the Value-Added Partner will manage the replacement of Dust Mobile SIM Cards and their shipment to the Customer.
- Shipping costs will be billed to the customer according to his choice when ordering.
Article 8. Suspension or disconnection
Dust Mobile may suspend or disconnect the Dust Mobile SIM Card fully or partially from the Services, without notice:
- If Dust Mobile is entitled to terminate the Agreement due to the Customer’s failure to comply with the Agreement but elects to provide the Customer with an opportunity to remedy such failure whenever reasonably practicable,
- If Dust Mobile is required to do so by government, competent authorities, Home Land Security (or equivalent) and emergency service organisation or any other competent body or lawful authority (e.g. in case a required End User Certificate is not provided or is suspended or revoked),
- For repairs or maintenance or security or obsolescence reasons,
- In circumstances where Dust Mobile observes fraudulent or unusual or suspect or inappropriate use of the customer account or the Dust Mobile SIM Card or the Dust Mobile Services,
- If Dust Mobile has a good reason to suspect a breach by the Customer of the Agreement,
- If the Customer advises Dust Mobile that one of its Dust Mobile SIM Card has been (or likely may have been) stolen or lost or damaged or corrupted or destroyed,
- If the Customer’s Dust Mobile SIM Card or the Customer’s device is interfering with the normal operation of Dust Mobile Services or the Dust Mobile Network or the Dust Mobile Network Operator Partner,
- If the Customer has not disclosed all of its contact information and documents such as, but not limited to End-User certificate, within 15 days after the Agreement is in place or has not kept such informations and documents up-to-date.
- If the Customer does not use the Services in compliance with applicable laws and regulations, and other conditions included in the Agreement.
Article 9. Limited Warranty and Warranty Disclaimer.
- Limited Warranty. The only warranty that Dust Mobile provides with respect to any Dust Mobile SIM Card and/or Dust Mobile Service is the written Limited Warranty statement provided in these GTC (“Limited Warranty”). Dust Mobile reserves the right to refund the price paid by the Customer for its Dust Mobile SIM Card and/or the monthly charges for the Services as its exclusive warranty remedy. If there is any inconsistency between this Article 9.1 and the warranties and disclaimers shipped with the Dust Mobile SIM Card or outlined at selfcare.dustmobile.com, this Limited Warranty shall prevail.
- Disclaimer. EXCEPT FOR THE LIMITED WARRANTY STATEMENT SPECIFIED IN ARTICLE 9.1 ABOVE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE ARE HEREBY EXCLUDED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.
This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
- Limitations. No warranty will apply if the Dust Mobile SIM Card or Dust Mobile software or Dust Mobile Service, including telecommunications:
- a.has been altered in any way, including but not limited to the removal or alteration of the original identification marks or security or authentication systems, except when such alterations are made by Dust Mobile;
- b.has not been installed, operated, repaired, or maintained in accordance with any manual and/or instruction provided by Dust Mobile;
- c.has been serviced by parties not trained by or on behalf of Dust Mobile; or
- d.has been subjected to unreasonable physical, thermal or electrical stress, misuse, negligence or accident or has been subject to electronic warfare, jamming or cyberattack. In addition, Dust Mobile provides no warranty for the use of any Dust mobile SIM Card, software and/or Service in: (A) the design, construction, operation or maintenance of any nuclear facility; (B) navigating or operating civil or defence aircraft; or (C) operating life-support or life-critical medical equipment; (D) excessive exposure to electro-magnetic environment such as radio waves, microwaves, infrared, (visible) light, ultraviolet, X-rays, and gamma rays
- e. and Dust Mobile disclaims any express or implied warranty of fitness for such uses. Dust Mobile is not responsible for backing up programs and data to protect against loss or corruption.
Article 10. Infringement.
- If a claim, demand, suit or proceeding against Dust Mobile regarding a European copyright or patent has occurred, or in Dust Mobile’s opinion is likely to occur, Dust Mobile has the option to, at its expense:
- procure for the Customer the right to continue using the infringing Dust Mobile SIM Card, software or Dust Mobile Service; or
- replace or modify the same so that it becomes non-infringing; or
- if neither of the foregoing alternatives is reasonably available, immediately terminate Dust Mobile’s obligations and the Customer’s rights under the Agreement with regard to such Dust Mobile SIM Card and/or Service, and, if the SIM Card is returned to Dust Mobile or The Value-Added Partner, refund to the Customer the price originally paid by the Customer as depreciated or amortised by an equal annual amount over the lifetime of the Dust Mobile SIM Card as established by Dust Mobile excluding any telecommunications usage.
Notwithstanding the foregoing, Dust Mobile has no liability for any claim based upon:
- the combination, operation, or use of any Dust Mobile SIM Card with equipment, devices, or software not supplied by Dust Mobile,
- services offered or used through operation of such Dust Mobile SIM Card and/or Dust Mobile Service or revenue received by the Customers from such services,
- alteration or modification done by the Customer of any Dust Mobile SIM Card and/or Dust Mobile Service supplied hereunder; or
- Dust Mobile’s compliance with the Customer’s designs, specifications, or instructions.
- Notwithstanding any other provisions hereof, Dust Mobile shall not be liable for any claim, based on the Customer’s use of the Dust Mobile SIM Card and/or the Services, as shipped or provided, after Dust Mobile has informed the Customer of modifications or changes in the Dust Mobile SIM Card and/or the Services required to avoid such claims and offered to implement those modifications or changes, if such claim would have been avoided by implementation of Dust Mobile’s suggestions.
THE FOREGOING STATES THE ENTIRE OBLIGATION OF DUST MOBILE AND ITS SUPPLIERS, AND THE EXCLUSIVE REMEDY OF THE CUSTOMER, WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE FOREGOING IS GIVEN TO THE CUSTOMER SOLELY FOR ITS BENEFIT AND IN LIEU OF, AND DUST MOBILE DISCLAIMS, ALL WARRANTIES OF NON-INFRINGEMENT.
In the event that damages finally awarded or agreed to in settlement of any claim are calculated on a royalty or percentage basis, Dust Mobile’s payment obligation hereunder will not exceed such royalty or percentage as applied to the amounts charged by Dust Mobile to the Customer for the infringing or allegedly infringing Dust Mobile SIM Card or Dust Mobile Service.
Article 11. Limitation of Liability.
NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF DUST MOBILE AND ITS SUPPLIERS FOR CLAIMS ARISING UNDER THE AGREEMENT OR OTHERWISE SHALL BE LIMITED TO THE MONEY ACTUALLY PAID BY THE CUSTOMER TO DUST MOBILE FOR DUST MOBILE SIM CARDS AND DUST MOBILE SERVICES UNDER THE RELEVANT AGREEMENT DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
Article 12. Waiver of Consequential Damages.
IN NO EVENT SHALL DUST MOBILE OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST REVENUE, LOST PROFITS, LOST OR DAMAGED DATA, INTERRUPTION OF BUSINESS, LOST OPPORTUNITY, LOSS OF GOODWILL OR LOSS OF REPUTATION, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF DUST MOBILE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. THESE LIMITATIONS SHALL APPLY UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF ANY DUST WORLD SIM CARD AND/OR DUST MOBILE SERVICES USED, RECEIVED OR SUBSCRIBED TO, OR THE FAILURE OF SUCH DUST MOBILE SIM CARD OR DUST MOBILE SERVICES TO PERFORM, OR FOR ANY OTHER REASON, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Article 13. Changing the Agreement
- This section applies to all changes to the Agreement except changes to Dust Mobile charges and fees, which are described above.
- 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 for legal compliance, regulatory, administrative or business requirements.
- When Dust Mobile makes a significant change to the Agreement, Dust Mobile will notify the Customer about this change and will place details on the customer self-care portal. If the Customer does not agree with a significant change to the Agreement, then the Customer may stop using the Services and terminate the Agreement.
Article 14. Communications, Security and Internet access
- The Dust Mobile Services and the Dust Mobile SIM Card include mobile communication protection technologies and security systems. These systems may evolve over time without prior notice to improve the overall effectiveness, reliability and operability of the solutions. The principles of the protection systems are summarised on dustmobile.com and shared with the Customer in the commercial offer. For confidentiality reasons, Dust Mobile does not provide extra details about deployed security technologies, services protections, monitoring and adaptation the effectiveness of such protections. Nevertheless, if and when possible, Dust Mobile may perform an independent security certification from time-to-time or may deploy certified technologies to provide state-of-the-art security and well recognised encryption methods.
- Dust Mobile commits 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 its consequences to the Customer and/or any third party. The Customer is fully responsible to test and verify, over time, that the Dust Mobile protection Services are compliant with the Customer’s security level and operational expectations including local security regulations. We recommend using a third-party encryption software to add an additional security layer whenever needed.
- Dust Mobile does not make any warranty as to the accuracy, completeness, reliability or continuous supply of the content or information contained on any third-party websites or other information sources accessed using the Dust Mobile Services.
- Dust Mobile will not be responsible for any harm that the Customer suffers and is caused by any virus, malware, back-door or similar type of attack that gains access to the Customer’s equipment and/or its content, whether transmitted via the Dust Mobile transmission Services or otherwise. It is the Customer’s responsibility to protect its equipment with suitable anti-virus, malware, encryption and protection software.
- Dust Mobile may be subject to some export restrictions in some countries and/or regions and/or business sectors. In such case, Dust Mobile will notify the Customer and/or will cancel the order.
- Dust Mobile provides, by default, a +882 private protected phone number with each Dust Mobile SIM Card allowing the user to make and receive secure calls between Dust Mobile SIM Card users only.
- As an option, the Customer may customise a Dust Mobile SIM Card with additional Dust Mobile protected local phone numbers. These numbers provide voice and SMS communications, with possibly no access to emergency call, premium rate numbers and MMS . The list of countries related to protected phone numbers is available on the customer self-care portal at selfcare.dustmobile.com and may evolve over time.
- In addition, as an option, the Customer may customise a Dust Mobile SIM Card with one mobile phone number which will be considered de facto as the prime default number. This number provides voice and SMS communication capabilities. The emergency call service might not be available everywhere including in the home country.
- Remote device location from cellular network for emergency calls is not available in most Dust Mobile usage modes, as it is set as security protection against users location tracking. The Customer should make sure that there is an alternative way to call for emergency and be located if and when necessary (i.e. dedicated location software or emergency software service).
- Secure, protected and regular voice services are based on security protocols TLS SRTP or VoLte generating data usage. Dust Mobile invoices the Customer for such data usage at regular data rates as defined in the actual Price List & Tariffs as well as the voice call termination rates depending on the usage type, duration, country of destination, country of origin and possible other factors as defined in the actual Price List & Tariffs.
- The Dust World SIM Card provides a first level of resiliency as it allows the Customer to switch (manually or automatically) from different cellular Dust Mobile Networks, where and when available, locally provided by the Dust Mobile Network Operator Partner.
- Dust Mobile develops the coverage for the Dust Mobile SIM Card connectivity. The list of active countries is available on the customer self-care portal at selfcare.dustmobile.com. This list may be updated over time. In addition, Dust Mobile intends to make connectivity possible over several cellular networks in each country. Some countries or territories keep telecommunications as a state monopoly so with one single network available only.
Article 16. Protection of Personal Data
- The Customer’s Personal Data, as well as the End User’s Personal Data, are collected and processed by Dust Mobile, insofar as necessary for the proper execution of the Agreement and the delivery of the Services as requested by the Customer, and to comply with applicable laws and regulations regarding user identification and usage. In particular, Dust Mobile takes all necessary steps to ensure the protection and confidentiality of the Customer’s Personal Data and may not use it for purposes other than customer relation management and administration, accounting, security services, research, prevention of fraud and/or offences. Any collected information will be erased by Dust Mobile within ten years as of the term of the Agreement, unless a shorter retention period is imposed or permitted by the applicable law and/or regulation. Data on the End User’s communication traffic is stored for at least twelve (12) months.
- The Customer’s Personal Data is collected and processed 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 relevant national laws implementing the GDPR, and the national laws implementing the Directive on Privacy and Electronic communications (jointly referred to hereafter as “Data Protection Legislation”).The protection and the confidentiality of Customer’s Personal Data will always be protected in compliance with the Data Protection Legislation, including if the Customer is not a national from a Member State of the European Union. Lawful Interception (LI) implementation as well as Retained Data (RD) are required by the European Council Resolution from 1995 (Official Journal C 329, 04/11/1996) which allows to prevent crime, including fraud and terrorism. As a legally sanctioned official access to private communications, LI is a security process in which Dust Mobile collects and provides law enforcement officials with intercepted communications of private organisations or individuals. The implementation of such interception is regulated and may be justified in a context of a judicial investigation or a specific Intelligence law case.
- The Customer hereby agrees and acknowledges that the Customer’s Personal Data may be transferred to any Dust Mobile entity. The processing of the Customer’s Personal Data will be executed in the EU by Dust Mobile in accordance with the Data Protection Legislation. The Customer’s Personal Data are exclusively stored in the EU.
- The Customer represents and warrants to comply with the Data Protection Legislation and is responsible for the accuracy of the Customer’s and End User’s Personal Data that he provides to Dust Mobile.
- The Customer and the End User always have a right of access, rectification, deletion and opposition to the processing of their Personal Data. For further information, please refer to the Data Protection Policy (“Data Protection Policy”) on our website selfcare.dustmobile.com or contact Dust Mobile via the online self-care customer support portal or via the contact information listed in Article 18 below.
Article 17. Devices and Software
- Dust Mobile provides some application software with the Dust Mobile SIM Card:
- The Dust Mobile SIM Card may be used as a stand-alone solution without any software installation. It is designed to be used with GSMA compatible smartphone, tablet, sensor, IoT, M2M for secure data transmissions.
- Dust App is an optional application Agent designed to manage the Dust Mobile SIM Card Customer’s security, preferences, multiple phone numbers, OS integration, special notifications, to open access to security and usage options and to control both usage and billing. This application is not mandatory to make use of a Dust Mobile SIM Card. Dust OnSIM is specific to the device operating system. Please verify availability and compatibility at selfcare.dustmobile.com. Dust OnSIM is downloadable from the customer self-care portal at selfcare.dustmobile.com. Regular updates might be required.
- The Customer must comply with the indications provided by Dust Mobile in terms of technical norms and standards imposed by the competent authorities and telecommunication regulators.
- The Dust Mobile Services and the Dust Mobile SIM Card may not be fully functional depending on the device manufacturers and/or operating systems. If the Customer experiences such functional restrictions, please advise Dust Mobile through the customer self-care portal. Dust Mobile will not be responsible for any incompatibility between the Dust Mobile Services and/or Dust Mobile SIM Card with a device and/or an operating system which is/are not fully GSMA compliant.
- The Dust Mobile Services and/or the Dust Mobile SIM Card may not provide full functionalities depending on the usage and/or non-Dust Mobile software the Customer may install and use on its devices and/or depending on the country where the Customer intends to use the Dust Mobile Services and the Dust Mobile SIM Card. If the Customer experiences such usage restrictions, the Customer shall advise Dust Mobile through the online self-care portal. Dust Mobile will not be responsible for any incompatibility of the Dust Mobile Services and/or Dust Mobile SIM Card with any third-party software and/or network protocols.
Article 18. Contact
For more information, please contact Dust Mobile :
via the customer self-care portal at selfcare.dustmobile.com or via e-mail at email@example.com
or by mail
- Dust Mobile SA/NV – Customer Service – Avenue Louise 523 Louizalaan 1050 Brussels, Belgium
- Dust Mobile SAS – Customer Service – 31bis rue des longs prés 92100 Boulogne Billancourt, France
or by phone (24/7 in English / French):
from Belgium 0800 37 407
from France 0805 69 22 99
from other countries +32 2 319 49 59
For privacy and Personal Data matters, please contact Dust Mobile – Privacy & Security Officer
Article 19. Applicable law
The Agreement and the relationship between the Parties in connection with the subject matter of the Agreement shall be governed by and determined in conformity with French Law. Any dispute shall be brought before the Paris courts or the 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