Article 1: Definitions
- Provider: Skyline CDS B.V., established in Bosschenhoofd at Bredasebaan 11, 4744 RZ, registered with the Chamber of Commerce under number 20144510.
- Connection: a connection to the Network by means of an eSIM
- General Terms and Conditions: these General Terms and Conditions of Provider.
- Consumer: any natural person not acting in the course of a profession or business.
- Contracting Party: the party who has received or will receive an offer or who has concluded or will conclude an Agreement with Provider.
- Service: the Mobile Telecommunication Service to be used via the Network offered by Provider with a data-only prepaid eSIM supplied by Provider.
- eSIM: a SIM card embedded in Terminal Equipment.
- eSIM Profile: the digital eSIM profile downloaded onto the eSIM chip of the Terminal Equipment granting access to the Network.
- Mobile Telecommunication Service: any Telecommunication Service in which the Connection is connected to the Network via a wireless connection.
- Network: the entirety of technical components through which Provider enables or arranges mobile telecommunications.
- Agreement: any arrangement pursuant to which Provider supplies the Service.
- Personal Data: any information relating to an identified or identifiable natural person.
- Prepaid Credit: prepaid, time-bound data credit (in GB per day), to be consumed in accordance with the agreed rates and conditions.
- Terminal Equipment: the mobile receiving device which, in combination with an eSIM, establishes the connection to the Network.
- Telecommunication Service: a publicly available electronic communications service making use of the Network.
- Business Customer: any legal entity or natural person acting in the course of a profession or business.
Article 2: Applicability and Order of Precedence
- These General Terms and Conditions apply to all offers, Agreements, and legal acts relating to the Service.
- The general terms and conditions of the Business Customer are expressly rejected.
- These General Terms and Conditions form an integral part of the Agreement.
- In the event of a conflict between a provision in the Agreement and a provision in these General Terms and Conditions, the provision in the Agreement shall prevail.
- All offers made by Provider are non-binding.
Article 3: Formation of the Agreement
- The Agreement is concluded when the Contracting Party submits a request and Provider confirms such request electronically or commences performance of the Agreement.
- Provider may refuse a request.
- The Contracting Party is responsible for storing, making accessible for future reference, and printing the Agreement.
- The Contracting Party warrants that all information requested by Provider and all other information relevant to the execution of the Agreement has been provided fully and truthfully. Provider is not obliged to inquire about the intended use of the Service or the circumstances under which it will be used.
- Provider may terminate negotiations at any time without stating reasons and without being liable for damages or obliged to continue negotiations.
- Any person entering into the Agreement on behalf of a Business Customer warrants that they have used a valid identification document and are authorized to represent the Business Customer.
- Commitments or representations by employees or representatives of Provider bind Provider only if confirmed in writing by Provider.
- Provider is not responsible for disruptions or delays in electronic communications.
- Prior to conclusion of the Agreement, certain data (including name, address, email, date of birth, and IBAN) must be provided and will be processed in accordance with Article 18.
Article 4: Responsibilities of Provider
- Provider shall endeavor to supply the agreed Services immediately after conclusion of the Agreement.
- Provider aims to ensure uninterrupted use of the Service but cannot guarantee availability, quality, or coverage at all times.
- Provider is not responsible for third-party products or services affecting the availability or functioning of the Service.
- If Provider is no longer permitted to provide the Service, it may terminate the Agreement immediately without compensation.
- In case of a Network malfunction, the statutory compensation scheme applies:
- Compensation is due if the Service is interrupted for more than 12 hours due to a malfunction not caused by flooding, terrorist attack, or war. Compensation is at least €1 per malfunction, plus €0.50 for each 24-hour period of interruption. Compensation may, with consent, be provided in kind.
Article 5: Responsibilities of the Contracting Party
- The Contracting Party must provide accurate information.
- Changes in details must be reported immediately.
- Rights and obligations may not be transferred.
- The Contracting Party indemnifies Provider against third-party claims arising from non-performance.
- The Contracting Party must use the Service in a normal, careful, and lawful manner.
- The Contracting Party must comply with all applicable laws and regulations, including privacy and export laws.
- The Contracting Party must safeguard access codes and prevent unauthorized use.
Article 6: Activation
- The Service functions only with eSIM-compatible equipment.
- Internet access is required to download the eSIM profile.
- The eSIM profile remains Provider’s property and may be downloaded once.
- Provider may modify the eSIM profile remotely.
- Only the Contracting Party may use the Service; responsibility remains with the Contracting Party.
Article 7: Service Description and Usage Restrictions
- The Service is strictly data-only; voice and SMS are not supported.
- Tethering or hotspot use is permitted within reasonable use.
- The Service must be used in a lawful, responsible and non-commercial manner, consistent with its intended purpose as a consumer prepaid mobile data service.
- The Contracting Party shall not: – use the Service for unlawful activities, including but not limited to hacking, phishing, spam, fraud or the distribution of malicious software; – interfere with or disrupt the operation, security or integrity of the Network; – resell, redistribute or commercially exploit the Service; – use SIM boxes, automated traffic, machine-to-machine connections or other forms of continuous or abnormal usage that deviate from normal consumer behaviour.
- Provider may apply reasonable technical or network management measures where necessary to maintain the quality, security, integrity or availability of the Service. Any suspension or termination of the Service shall be governed by Article 20.
Article 8: Prepaid Credit and Validity
- The Agreement is concluded for a definite term.
- The duration of the Service depends on the validity period of the purchased Prepaid Credit.
- Prepaid Credit is both time-limited and data-limited and automatically expires upon depletion of the purchased data allowance or expiry of the applicable validity period, whichever occurs first.
- Additional top-ups or extensions are not possible unless expressly offered by Provider.
- Unused or expired Prepaid Credit is non-refundable, non-transferable and cannot be redeemed for cash or any other form of compensation.
- The applicable validity period and data allowance are communicated through the Website, app, confirmation email and the Agreement.
- Upon expiry of the Prepaid Credit, the Agreement terminates automatically without any further notice.
Article 9: Access Codes and eSIMs
- Access codes and eSIMs remain Provider’s property; Provider may modify them.
- They are personal and non-transferable.
- The Contracting Party must safeguard them and report loss immediately.
- All costs prior to blocking are borne by the Contracting Party.
- Removal of SIM/network locks without written consent is prohibited.
Article 10: Intellectual Property and Confidentiality
- All intellectual property rights remain exclusively with Provider, affiliated companies, or licensors. A limited, non-exclusive, non-transferable, revocable license is granted for the duration of the Agreement.
- Removal or alteration of IP notices is prohibited.
- Circumvention of technical protection measures is prohibited.
- Confidential information must be kept secret.
Article 11: Payment Method
- Prepaid Credit may be purchased via Provider’s app; payments processed by Mollie.
- Fees are due once Provider incurs costs unless otherwise agreed.
- Invoices may be provided electronically.
- Provider may issue interim invoices in case of abnormal usage.
Article 12: Rates
- Rates apply per the current tariff overview available via app, website, or email.
- All rates are in EUR and exclusive of VAT and levies.
- Data usage is calculated according to SI standards:
1 GB = 1,000 MB = 1,000,000,000 bytes.
Article 13: Network, Quality and Maintenance
- The availability and quality of the Network depend on factors such as location, equipment, network load, and external circumstances.
- Provider may perform maintenance, updates, or network management measures without prior consent.
- Provider may temporarily limit or interrupt the Service for technical or operational reasons.
- Where applicable, the compensation scheme as described in Article 4(5) applies.
Article 14: Performance of the Agreement
- The Consumer gives prior express consent to immediate commencement of performance.
- Provider determines manner of performance and may use subcontractors.
- Time limits are indicative, not strict deadlines.
- The Contracting Party is responsible for configuration and management of necessary equipment.
Article 15: Security, Loss/Theft and Blocking
- The Contracting Party must secure the eSIM profile.
- Loss/theft must be reported immediately; costs until blocking remain for the Contracting Party.
- Provider manages information security in accordance with ISO 27001 standards.
Article 16: Termination by the Contracting Party and Right of Withdrawal
- The Contracting Party may terminate the Agreement only after Provider has been given written notice of default and a reasonable period to remedy the breach, unless immediate termination is permitted by mandatory law or these General Terms and Conditions.
- Consumers who conclude the Agreement through a distance or off-premises contract have a statutory right of withdrawal of fourteen (14) days, unless an exception under applicable consumer law applies.
- By expressly requesting immediate activation of the eSIM during the withdrawal period, the Consumer acknowledges and agrees that the performance of the digital Service commences immediately and that the statutory right of withdrawal is lost to the extent permitted by applicable consumer law.
- Any withdrawal must be communicated within the applicable withdrawal period by means of an unequivocal statement.
Article 17: Liability
- No liability for indirect or consequential damages. Direct damages capped at €1,000,000 in aggregate. No liability in force majeure.
- Exclusion includes business loss, lost profits, data loss, third-party service failures, network disruptions, unauthorized access, internet risks, hardware/software not supplied by Provider, delays, suspension, termination.
- Multiple claims are proportionally allocated within the cap.
- Claims must be reported within six weeks of discovery.
- Limitations apply broadly, except in cases of intent or willful recklessness by Provider’s management.
Article 18: Privacy Statement
- Provider processes Personal Data in accordance with its Privacy Statement, which forms an integral part of these General Terms and Conditions.
- The Privacy Statement explains which Personal Data are collected, for what purposes they are processed, how long they are retained, with whom they may be shared, and the rights of data subjects under applicable privacy legislation.
- The current version of the privacy statement is available on the website.
Article 19: Amendments
- Provider may amend conditions or Service for compelling reasons (legal, technical, economic).
- If detrimental to Consumers, termination before effective date is permitted unless change is legally mandatory.
Article 20: Suspension and Termination by Provider
Provider may suspend or terminate the Service immediately, without prior notice, if:
- the Contracting Party breaches these General Terms and Conditions;
- misuse, fraud, unlawful activities or abuse of the Service is detected or reasonably suspected;
- payment obligations are not fulfilled;
- there are reasonable grounds to believe that the security, integrity or operation of the Network may be compromised;
- suspension or termination is required by applicable law, regulation or a binding order of a competent authority; or
- a situation of force majeure prevents Provider from continuing to perform the Agreement.
- Suspension does not release the Contracting Party from any outstanding payment obligations.
- Deleting or removing the eSIM profile from a device does not terminate the Agreement.
- Upon termination, all outstanding amounts owed by the Contracting Party become immediately due and payable.
- Provider may also terminate the Agreement with immediate effect if the Contracting Party is declared bankrupt, applies for suspension of payments, is placed into liquidation, or is otherwise unable to meet its financial obligations.
Article 21: Complaints and Disputes
- Complaints relating to the Service or the performance of the Agreement may be submitted via the Website or by email.
- Provider will handle complaints within a reasonable period and aims to resolve them as quickly as reasonably possible.
- If a complaint cannot be resolved amicably, the Consumer may submit the dispute to the competent court in accordance with applicable law.
- Provider likewise reserves the right to submit disputes to the competent court.
Article 22: Final Provisions
- Provider may assign rights and obligations; prior consent is granted.
- Provider may assign receivables.
- If a provision is invalid, remaining provisions remain effective.
- All legal relationships are governed by Dutch law.
