User Services Agreement

Thanks for choosing NewSIM. Please read these Terms & Conditions, which contain important information about your relationship with NewSIM, including mandatory arbitration of disputes between us, instead of class actions or jury trials. You will become bound by these provisions once you accept these Terms and Conditions.

Introductory Information

Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using http://newsimmobile.com ("the Site") operated by NewSIM ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://newsimmobile.com.

By accessing or using the site in any manner, including, but not limited to, visiting or browsing the site or contributing content or other materials to the site, you agree to be bound by these terms and conditions.

NewSIM services that you subscribe to or purchase under a service agreement or receive from or through NewSIM, including mobile services (“Services”); and any device or equipment used to access the Services or used with the Services (“Equipment”).

NewSIM Terms of Service

These Terms work together with the following materials to form your complete agreement (“Agreement”) with us, and provide you with the important information you need to help you fully understand your Services:

Your service agreement for the specific Service you subscribe to (such as a mobile service agreement agreement).

Our Acceptable Use Policy, which sets out the rules, policies and limits you must abide by when using the Services. Our Acceptable Use Policy lists examples of prohibited activities and unlawful or inappropriate content and gives us the right to remove content and/or suspend or terminate your Services if you violate the policy.

Our Privacy Policy, which sets out our policies in relation to the collection, use and disclosure of your personal information. Our Privacy Policy details why we collect customer information, how we use it and how we share it, and specifies how to contact us if you would like more information on our personal information handling practices.

Any additional terms and conditions that may apply to a specific Service that you subscribe to or use.

Any NewSIM material describing your Services or products you purchase.

Your Agreement, with any amendments, is the entire agreement between you and NewSIM for the applicable Services. If there is any inconsistency between the materials listed above and these Terms, these Terms will prevail.

Responsibility for Complying with the agreement

You, as account holder, are responsible for complying with the Agreement. Among other things, you are responsible for:

Transfer my agreement

You will need our prior permission if you want to assign or transfer an Agreement. We may assign or transfer an Agreement or any of our rights or responsibilities under an Agreement without your permission.

Service Term, Changes and Cancellation

“Prepaid Plan” Services” are Services that you subscribe to on an ongoing basis, but with at term; that you use on a per-usage basis (which may be a one-time usage, or usage for a set period of time, such as one week or thirty-days), but not on an ongoing basis.

Terms of my agreement

The term of each Agreement starts on the initial activation date of the Services or the Equipment, whichever is earlier (“Activation Date”). On your Term expiry date (Device contract) for a Term Service, the Service will automatically become a Month-to-Month Service and you will keep your existing Service and Agreement with us until they are changed or canceled in accordance with these Terms.

Services or Agreement changes

We may change any aspect of our prepaid plan Service and the corresponding agreement, as long as we give you at least 30 days’ prior written notice. We may also change aspects of a Term Service and the corresponding Agreement. In any cases, we will send you the written notice by text message, e-mail or by message on your online account (My Account) available at newsimmobile.com, and it will explain the change and when it will take effect.

Usage Policy

Users of our service are provided with an allocation of data usage based on their subscription plan. We expect users to adhere to these limits to ensure fair usage for all customers. Any usage deemed abusive, such as excessive data consumption beyond the allocated limits, may lead to immediate suspension or termination of the service without prior notice. This applies to unlimited plans as well, and data may be suspended if significant excessive data usage is observed. We reserve the right to enforce this policy at our discretion in order to maintain the quality and integrity of our services.

Cancel my service

You may cancel any or all of your Services and any corresponding Agreement at any time by calling us by emailing us at services@newsimmobile.com. You may be asked to present the proof of identity and confirm the cancellation request prior to the cancellation taking place. Cancellation takes effect on the day that NewSIM receives notice of the cancellation, or a future date specified in that notice (if applicable), whichever is later. Applicable charges continue until that date. However, if you only cancel an add-on or plan change, cancellation will take effect on your next billing date for that add-on and applicable charges will continue to apply until your next billing date for that add-on, unless otherwise indicated.

Cancellation and Refund Policy

If you subscribe to a ‘Short-Term plan’, including 3 days, 5 days, 7 days, 10 days, 15 days, 20 days, 30 days Prepaid Plans, there will be no refund available for this type of plan. However, in the case of future date activation, if the cancellation request is submitted prior to the service starting date, a refund will be provided in Full.

In case of SIM card defective, the end users must submit their request immediately within 24 hours after the issue(s) are identified, and inform our Customer Support team via email. A new SIM card will be provided and shipped with no additional charges.

In case of Network Disruption or the Line is inactive which is caused by our network connectivity issue, we will issue a refund based on the remaining proportion of an unused service fee.

In the event that a purchased eSIM card is nonfunctional due to user negligence or lack of due diligence in confirming device compatibility, no refunds will be issued. Users are required to verify their device compatibility before making a purchase, ensuring that there are no restrictions such as locks, previous contracts, bad debt, or any other impediment preventing the use of the new carrier SIM card and service. Users must ascertain device compatibility by checking the device’s IMEI and confirming that it is either purchased from or manufactured in non-restricted countries.

NewSIM may cancel your service

We may restrict, suspend, block, disconnect or cancel any or all of your Services, Equipment, accounts or identifiers in any way, without notice or liability to you, if:

You are in breach of an Agreement, including for non-payment;

You exceed your credit limit;

You fail to provide or maintain a reasonable security deposit or other credit requirement when we ask you to;

You agree to a deferred payment arrangement with us and fail to comply with its terms;

You exceed our reasonable usage limits;

You have given us false, misleading or outdated information;

We reasonably suspect or determine that any of your account, identifiers, Services or Equipment is the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services, facilities or networks or those of third parties with whom we have roaming or network sharing agreements;

You harass, threaten or abuse us or our employees or agents;

You fraudulently or improperly seek to avoid payment to us;

We need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks;

Any account or service on which your Services depend is canceled for any reason; or

We reasonably believe that there is an emergency or extreme circumstance that would warrant that action.

If we restrict, suspend, block, disconnect or cancel your Services or accounts

You must pay any amounts owing;

We may also restrict, suspend, block, disconnect or cancel, without notice or liability, your Services under any other agreement or account that you may have with us or a NewSIM affiliate (including accounts that may be in good standing);

You may be charged for any costs incurred by us or any NewSIM affiliate in connection with your breach of these Terms, including costs incurred to enforce your compliance;

Terms and Conditions may still apply even after cancellation

Certain provisions of these Terms may still apply as they may still be relevant even after cancellation of all your Services. Specifically, if any remaining outstanding balance is still occurring under your account, and/or remaining device contract balance which is required to be settled.

Account, Charges and Billing Information

NewSIM will bill your service

You are required to prepaid your next term service by proceeding with a Term extension.

Service charges will start on the Activation Date and are billed in advance (advance payment) for the Short-term Plan.

Questions or disagreement with a charge on my bill

Any questions or discrepancies regarding charges must be reported to us within 90 days of the date of the applicable bill. You can reach out to our customer support at services@newsimmobile.com for further assistance. Failure to notify us within this time period means that you have accepted those charges. If any of those discrepancies resulted in unauthorized or incorrect charges on your account, then we will reverse those charges within 30 days of receiving notice from you

Discounts and Promotions

We will apply a discount, promotion or benefit to your account as long as you remain eligible for it. We may check your eligibility from time to time, and if you become ineligible to receive that discount, promotion or benefit for any reason, we may remove it and/or transfer your Service to a comparable Service plan, without prior notice.

Does NewSIM monitor the content that I transmit when I use the Services?

We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services (other than voice Services) or the Equipment. We may also access or preserve content or information to comply with legal processes in Canada or foreign jurisdictions, operate the Services, ensure compliance with an Agreement, or protect ourselves, our customers or the public.

What are my responsibilities relating to the Services, and NewSIM or third party software or content?

All trademarks, copyright, brand concepts, names, logos and designs that we use are intellectual property assets, registered or otherwise or of one of its affiliates. All are recognized as valuable assets of their respective owners, and you may not display, copy or use them in any manner for commercial or any other purpose.

The Services and any software or content that you receive or purchase through NewSIM or our third party storefronts is for your own personal, lawful, non-commercial use. You agree that you will only use the Services and this software and content in accordance with your applicable Agreement and any applicable license agreements.

Without limiting the previous paragraph, please note that you may not:

Copy, distribute, transfer or sell any of the Services or this software or content;

Modify, alter or tamper with any of the Services or this software or content;

Reverse engineer, decompile or disassemble any of this software;

Attempt to defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms.

The Services and this software and content remains our property or that of our licensors or content providers, as applicable. Except for the limited rights explicitly granted to you, all right, title, interest and intellectual property rights in and to the Services and this software and content are retained by their respective owners and are protected by applicable trademark, copyright and/or other intellectual property laws and treaties. You must take reasonable steps to protect the Services and this software and content from theft, loss or damage.

Please be aware that software or content may from time to time automatically and, without notice to you, cause your Equipment to access the internet incurring data usage and/or overage charges.