1. Definitions

1. 'We' or 'us' means Guard My Ltd trading as GM Data SIMs.
2. 'You' means the customer named in the application for GM Data SIMs services and 'your' shall be construed accordingly.
3. 'SIM card' means the Subscriber Identity Module we have supplied that enables you to use the Service.
4. 'Data Boost' refers to additional data you can purchase to top up your data allowance until your plan is renewed.
5. 'Data Plan' means the data service you purchase, which includes data allowance, duration, and price.
6. ‘Renewal’ means the requirement to purchase a new ‘Data Plan’ for the SIM card before or at the end of the stipulated term to ensure uninterrupted service.
7. 'Service' means the data service provided by us to you using a SIM card.

2. Duration

1. This Agreement will commence on the date that you agree to the terms that we offer you (whether by accepting them online or via our customer services or sales teams) and will continue thereafter unless cancelled by us in accordance with 2(b) below or by you at any time not having met the renewal requirement set out in Clause 3 below. The commencement date ('Commencement Date') for any Service shall be the date that such Service is activated by you.
2. We reserve the right to cancel this Agreement prior to any Services going live if we are unable to verify any of the information provided to us by you, and at our sole discretion at any time where we have any commercial, technical or operational reasons for not providing you with the Service(s), and you shall not be entitled to compensation of any form whatsoever where we have exercised this right in respect of our failure to supply the Service(s) or otherwise.

3. PAYMENT, DATA BOOST, RENEWAL AND SPEND REQUIREMENT

1. For customers who have not purchased a ‘Data Boost’
   1. Your GM Data SIMs service begins when you register your SIM card on the GM Data SIMs web portal.
   2. Your SIM card will then count down in days for the duration of the term advertised on the Data Plan purchased.
   3. Live service will cease (the SIM will go ‘offline’) either when the duration of the Data Plan has expired and no Renewal has been purchased, or the data allowance of the data plan has been exhausted and a Data Boost has not been purchased. Additionally if the data allowance of any purchased Data Boosts have been exhausted before the duration of the Data Plan has expired and no other additional Data Boost has been purchased, then live service will also cease.
   4. If a Renewal is not purchased within 60 days of expiring, GM Data SIMs has the right to close the GM Data SIMs account.
   5. Closure of your account means,
      1. you cancel all outstanding data allowance.
      2. GM Data SIMs will not provide you any data to any third parties.
      3. and any unused credit will be lost.
2. For customers who have purchased a ‘Data Boost’
   1. Customers are invited to purchase a Data Boost if their SIM available data drops below a threshold of 250MB before the end of the highest available Data Plan term.
   2. Data Boosts are purchased with the intention to keep the SIM online until the end of the current Data Plan term.
   3. Any unused data from a Data Boost will not carry over beyond the end of the current Data Plan term or into a new term following successful Renewal.

4. The Services

1. We will use reasonable efforts to make the Service(s) available but owing to the nature of communication networks, it is impossible to provide a fault free service; the quality and coverage of the Service(s) depends on both the communication network to which you are connected and also on other communication networks to which the other device you are attempting to connect to is connected. We may use whichever network(s) we consider appropriate to supply these Services to you, and may change the network(s) we are using at any time and without notice provided this does not affect the price(s) which we are charging you. The Service(s) might be adversely affected by too many people trying to use the network at the same time, physical features such as buildings and underpasses and by atmospheric conditions or other causes of interference and may fail or require maintenance without notice. For mobile services, any coverage maps are our best estimate but not a guarantee of service coverage which may vary from place to place.
2. We will use reasonable efforts to obtain access to compatible networks in other countries; we call this 'roaming'. You should bear in mind that your ability to use overseas networks will depend upon the arrangements between the foreign operators and the network we are using to provide the Service(s) from time to time. We do not guarantee the availability of roaming in any overseas country, and if roaming is available, the cost of data usage may be significantly higher than in the UK.
3. We will endeavour to provide you with the various features offered by your device and network provider, however, we do not accept any responsibility if any of these features are not supported by us and/or the network provider we use and/or the device you have chosen.
4. We will provide you with a SIM card free of charge to enable you to use the Service. It may have been programmed so that you will not be able to use overseas networks; always check with customers services if you intend to use in devices overseas.
5. Any equipment used by you to access the Service(s) must be lawfully approved for connection. You must not use the Service(s) for any improper or unlawful purpose or in a manner which causes a nuisance. You must comply with any instructions we give you about the Service(s).
6. Customers using our Service should be aware that we are unable to guarantee that the SIM card we provide will be compatible with your device. You may need to arrange for your device to be unlocked before you can use our Service.
7. Please note that the charges for the Service(s) will be calculated using data recorded by the carriers and networks which we use, and not from any data recorded by you. In the event of any dispute, the data usage record from the carrier or network shall be deemed to be conclusive evidence of that usage. You are responsible for all charges made on your Service(s), howsoever arising and whether or not such usage were made with your authority or knowledge.
8. Offers and Data Boosts
   1. Any introductory prices will be nulled if Auto renewal is cancelled or fails within the first 30 days of purchase and you will be charged the full price of the selected package.
   2. Allowances are for mobile internet usage from within the UK. 5G availability is subject to device model and location. One plan per customer, per 30-day period. Offer and terms subject to change.
   3. Data consumption is subject to a personal usage cap of 500GB.
   4. If we reasonably suspect your usage of our service is non-personal (unless previously agreed) or in breach of this policy, we will attempt to contact you to resolve the situation. We reserve the right to:
      • Impose further charges for use of our service (for data services, this will be our standard out of bundle data charge);
      • Move you to a more suitable tariff, which might have a fixed data allowance;
      • Restrict your usage of data;
      • De-prioritise your data traffic during busy periods;
      • Temporarily suspend your SIM card from use; and/or
      • Disconnect your SIM card.

i. Fair Usage Policy and Important Information re Harming the network for others

1. The policy states that if a customer’s usage is reasonably believed to be harming the network or impacting other users’ access or experience, it would be considered a breach of the Fair Usage Policy.
2. Unreasonably Large Data Usage: The policy specifies that using a significantly large amount of data, such as around 500GB within a specific period, would be considered excessive. It’s common for service providers to set such limits to prevent a small number of users from monopolising network resources. Reduced Speed: If a customer exceeds the defined data usage limit, the service provider may reduce their internet speed to a slower rate. This reduced speed is typically referred to as throttling.
3. If the service provider suspects that a customer is in breach of the Fair Usage Policy, they reserve the right to investigate the customer’s usage further to determine whether it aligns with the policy.
4. If a breach is confirmed, the service provider may take action, such as reducing the customer’s internet speed or even suspending their services temporarily or permanently. The specific actions would depend on the severity of the breach and the provider’s policies. It’s important for customers to be aware of and adhere to their service provider’s Fair Usage Policy to avoid any disruptions in service. These policies are typically in place to ensure that network resources are fairly distributed among all users and to maintain a reasonable quality of service for everyone.
5. Customers are encouraged to review our Fair Usage Policy to understand the specific terms and conditions that apply to their service.
6. The Fair Usage Policy is not static and can be updated or modified by Guard My Data SIMs at their discretion. This means that the terms and conditions outlined in the Fair Usage Policy may change over time. Fair Usage is effective from 01 August 2024.
7. Guard My Data SIMs has the authority to set, adjust, and enforce the Fair Usage Policy. This includes defining the usage limits, data thresholds, and any actions taken in the event of a breach of the policy.

5. Payment and Charges

1. Our website shows the types of charges most frequently incurred when using the Service(s); it also contains tarrifs and plans on all our other charges.
2. All data usage is charged in accordance with the price plan/tariff/bundle you have chosen.
3. You will be charged for each MB of data, on the network that provided the service, even if this was not your intended Communications Provider; to prevent this from happening, you should turn off ‘automatic network selection’ on your device and manually select the preferred network – this is particularly important in areas close to national borders (where data may be charged as if you were roaming outside the UK) and when travelling outside the UK.
4. A data usage session ends when:
   1. Your device loses communication / connection or you end communication with your device; or
   2. up to 16 seconds after your device loses signal for any reason (note: we continue to maintain the connection in case your device re-establishes a signal with our networks within this period); or
   3. you do not end the session on your device, up to 30 seconds after the device you were connected to has ended the session.
5. Some Smart Phone Applications (Apps) send text messages and/or data packets to the App Developer when first used or activated, and/or subsequently, and you may not be aware that such text messages have been sent. Any such messages will be deducted from any data plan or data boost or charged at the appropriate rate for the data used.
6. Replacement SIM cards (if required) will be charged at £2.50 each.

6. Loss of Device

1. If your device is stolen or if you lose it, please contact us immediately so that we can prevent further data usage being made from it; you will be required to pay for any chargeable usage (data) up to the time you notify us.
2. Replacement SIM cards (if required) will be charged at £2.50 each.

7. SUSPENSION OF THE SERVICES

1. a. At our sole discretion, we can suspend or disconnect the provision of the Service(s) immediately, without telling you and without notice if:
   1. we believe you are using the Service(s) in an unauthorised way, or for criminal activities or for the transmission of any material which is of a defamatory, offensive, abusive, obscene or menacing nature;
   2. we are aware or have reason to believe that this Agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of the Service is taking place;
   3. we believe that the Service(s) are being used for spam or bulk messaging (unless previously authorised by ourselves)
   4. we have reason to believe the security of the SIM card may be prejudiced;
   5. you notify us that the mobile phone has been lost or stolen;
   6. we have reasonable grounds for believing you may not pay any amount(s) that are, or may become, due from you;
   7. your payment choice and/or top-up method instruction is refused or cancelled;
   8. we are informed that the card or payment method used to make any top-up is not held in your name or not registered to you at the address you have provided to us;
   9. you do anything (or allow anything to be done) which we reasonably believe may damage or affect the operation of the networks or adversely affect the service or Services that we provide to our customers;
   10. you fail to meet the minimum Payment Requirement as set out in clause 3a above; or
   11. there are reasons outside of our control.
2. This Agreement does not come to an end during any period of suspension, any Payment Requirement (as set out in clause 3) will continue to apply. Any Mobile services will be lost. You are not entitled to any refund of any unused credit within the current billing period. You are only entitled to a refund for any new or unused future data plan credit held on your account under the following circumstances:
   1. you have notified us that you wish to cancel your account 14 days prior to start of a new or renewed plan being activated.
3. If you are unable to use all of the Services for a continuous period of 24 hours because:
   1. there is a technical failure of the networks;
   2. they are being tested, modified or maintained; or
   3. access is denied to us then each such 24-hour period will be ignored for the purposes of the minimum Payment Requirement, and any period referred to within this agreement shall be extended accordingly.

VARIATION OF CHARGES

1. We may make changes from time to time to these terms as well as to charges, benefits or other terms/documents which apply, or introduce new terms. We may have to make these changes because:
   1. of changes to law, regulation, guidance, industry codes, Ombudsman or court or regulator decisions;
   2. of changes to the terms and conditions upon which we are able to obtain services from our suppliers;
   3. we believe it is necessary for us to do so, for example the way we run our business changes or the cost of providing the products or services or running our business changes, i.e. a change in our cost of funding, technology (including our systems) and service costs.
   Any contractual changes not to your benefit will be notified to you with at least 30-days notice and will give you the right to leave your contract without charge. By continuing to use the Services following any such change, you will be deemed to have accepted such variation.

9. ENDING OF THIS AGREEMENT

1. You may cancel any Service(s) with immediate effect and without penalty by notifying us prior to the date of renewal or new activation, however you will still be liable for any costs you have incurred in using the Services in the meantime.
2. You may notify us that you wish to end this Agreement immediately if:
   1. we have committed a material breach of this Agreement and fail to put it right within 14 days of you asking us to do so in writing; or
   2. all of the Services are permanently no longer available to you; or
   3. all of the Services are permanently no longer required by you.
3. We may end this Agreement immediately by writing to you if:
   1. you commit a breach of this Agreement (including any of the circumstances set out in clause 7 above) and do not put it right within 14 days of being asked by us in writing to do so; or
   2. we are no longer able to provide the Services to you on a permanent basis.
4. This Agreement will automatically end if the Service is not activated within 180 days from the date the SIM was dispatched.
5. When this Agreement comes to an end:
   1. the Service and/or Equipment will be disconnected; and
   2. any unused credit will be lost.

10. LIABILITY AND EXCLUSIONS

1. a. We will be liable to you if our negligence causes death or personal injury. In all other circumstances, we will not be liable for loss of profits or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings you might have made. There may be occasions when we are unable to provide the Services because of something outside of our reasonable control. We will not be liable to you if that is the case, and if you choose to use an alternative carrier or network then we will not be responsible for that carrier's charges.

11. MISCELLANEOUS

1. We look after your personal data carefully and in line with UK data protection law. For full details of how we handle your personal data, please see the Privacy Notice available here: Privacy Policy
2. When you use the Services, the identity of your SIM may be sent through the networks so as to be identified to the customer and device and those connected. It may be used by us to identify you when calling our customer service number, or to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion.
3. For your own protection, you must keep confidential any lock code(s) associated with your mobile phone, and any other personal identification or security number.
4. We may at our sole discretion change the carrier(s) being used to route your data traffic at any time and without notice.
5. You may have the right to refer certain disputes to arbitration in accordance with arbitration procedures set up by the network operator under its licence, details of which are available from us upon request.
6. Whilst we make every effort to provide the services to you, there are times, potentially, but not limited to, technical issues or delays at system or network level, when the information displayed in your account may be out of alignment with the actual status on the real-time billing network systems. In-flight tariff and setting changes may not correctly show in your account until the changes have been confirmed at the network level.
7. If you need to make a complaint please email info@gmdatasims.co.uk

12. CONTACT US

1. GM Data SIMs 2 Moor Park Close, Beckwithshaw North Yorkshire HG3 1TR
2. email: info@gmdatasims.co.uk
3. VAT No: GB 466211991
4. GM Data SIMs is a brand and trading name of Guard My Ltd. Registered office: 2 Moor Park Close, Beckwithshaw, North Yorkshire HG3 1TR Registered in England. Company Number: 14347086