Roaming Data eSIMs Terms and Conditions
Ecotalk Limited Roaming E-Sim Terms and conditions
Your contract with Ecotalk Limited
You can find everything you need to know about us, Ecotalk, and our services on our Website or from our Customer Services team before you order, including the information at section 1.3 below.
The Services are provided to you by Ecotalk. Ecotalk uses network services supplied by a third-party Network Operator and a Service Provider who is permitted to sell capacity on the Network Provider's mobile network and to provide other related services. Your relationship is with us and you will not have any avenue of direct recourse against our Service Provider, Network Provider or any other third party suppliers such as roaming partners.
Your agreement with Ecotalk is made up of the terms and conditions set out in this document (‘the Terms and Conditions’), together with the following documents (together being the “Contract”):
Acceptable Use Policy https://www.ecotalk.co.uk/terms-and-conditions
Code of Practice https://www.ecotalk.co.uk/terms-and-conditions
Accessibility https://www.ecotalk.co.uk/terms-and-conditions
Privacy Policy https://www.ecotalk.co.uk/privacy-policy
Complaints Process https://www.ecotalk.co.uk/complaints-process
Cookies Policy https://www.ecotalk.co.uk/cookies-policy
These terms and conditions together with the documents referred to at section 1.3 setting out the key information will be sent to you in writing after you order, with your confirmation email.
Accepted Orders
We contact you to confirm we've received your order and then we contact you again by email (normally within 24 hours) to confirm we've accepted it
Once we have notified you that we have accepted your order, the Contract shall be binding on you and us.
You will then be directed to pay for your Service Plan in full before we provide the Services to you. Once you have completed your purchase of your Service Plan in accordance with the Charges Information displayed on site you will be sent a digital ESim Card via email. For the avoidance of doubt, you will not receive a physical sim card and this is solely a digital product.
Any services we provide in addition to the Services may be subject to further terms and conditions found on our website https://www.ecotalk.co.uk/terms-and-conditions.
Rejected Orders
We may reject orders if your payment fails.
The duration of the Contract
The Services shall commence on the Commencement Date and shall continue for either the duration specified in your Service Plan, or until the Contract is terminated in accordance with sections 12 or 15, whichever is sooner.
Our Obligations
We shall supply the Services to you in accordance with the Service Plan in all material respects.
Telephone Numbers and ESim Card
As part of the Services you will be provided with a telephone number associated with your ESim Card. You agree that:
you have no rights to, and do not own, the telephone number that Ecotalk (or its Service Provider or Network Provider) provides to you;
the telephone number provided to you is subject to a range of regulatory requirements and numbering rules and that you shall comply with such requirements as set out in the Contract or where otherwise notified to you by Ecotalk or its Service Provider or Network Provider; and
you will not transfer or attempt to transfer your telephone number to any third party (except on termination of the Contract in circumstances where you have requested a PAC before termination).
In exceptional circumstances Ecotalk may need to change your telephone number provided as part of the Services, including where a government authority may order the reallocation or change of telephone numbers. Ecotalk will try to notify you by e-mail or letter of any changes to your telephone number, including the date on which such changes shall commence.
Where Ecotalk is required to change the telephone number, such a change shall be considered to be of material detriment to you and shall entitle you to terminate your use of the services in accordance with section 11.2.
Ecotalk shall not be liable for any loss or damage that may arise as a result of Ecotalk changing your telephone number.
It is your responsibility to check that your Device is compatible will an ESim Card and is not locked to another network. Most phones released since 2018 support eSIM, including iPhone XS and later, Google Pixel 3 and later, and recent Samsung Galaxy S and Z models. If you are not sure, dial *#06# and look for an EID number: if there is one, your phone is eSIM-ready. If your Device is locked to another network you will not be able to use an Ecotalk ESim Card without asking your network to unlock your Device.
Security of the Services
Our Service Provider and Network Provider are responsible for ensuring that appropriate technical and organisational measures are put in place to manage any risks to the security of the network over which the Services are provided to you in the Designated Area and to prevent and/or minimise the impact of any security incidents on recipients of the Services. In addition, our Service Provider and Network Provider are responsible for protecting (as far as is possible) the availability of the network over which the Services are provided within the Designated Area . Ecotalk therefore does not have any control over, or the ability to deal with, any security incidents that may arise through the use of the Services by you or anyone else.
Security of your Device
To help prevent unauthorised use of the Services we recommend that you use PINs or passwords with your Device and that these are kept secure at all times. Ecotalk and our Service Provider and Network Provider will not be liable for any loss or damages that you may incur as a result of someone using your Services, PINs or passwords with, or without, your knowledge. This shall include calls made using your Device, Premium Services being accessed or consumed or any information obtained or downloaded from your Device. The provisions of this section 8.1 will apply even after this Contract has been terminated.
Devices may not always be secure and it is your responsibility to take steps to ensure that your Device is secure and remains secure (including by regularly updating any software, firmware or apps that are contained on your Device) at all times. When downloading applications, software, material, information or data using your Device it is your responsibility to ensure that any downloads do not impact, compromise or reduce the security of your Device. You will also comply with any security warnings provided to you relating to any downloads or updates that may be required for your Device so as not to compromise the security of your Device.
Charges
You will pay for your Service Plan in accordance with section 2.3 above (Accepted Orders). Where applicable VAT will be added to the charges.
If the rate of VAT changes between your order date and the date we supply the service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
Your legal right to change your mind
You have 14 days after the date we confirm your order to change your mind (“Cooling-off Period”). Contact us using the details on our contact page to cancel. If you have not used the Services you will receive a full refund of all amounts that you have paid.
If you’ve already made your first payment and starting using the Services, you will have to pay for the Services that you have used up to and including the time that you let us know you want to cancel. We will refund you on a pro rata basis for unused days and, where relevant, unused texts, minutes and data. We will refund you by the method you used for payment. We don't charge a fee for the refund.
Ending your Contract
After the Cooling-off Period, you can end this Contract by contacting us. We will not refund you for any unused credit.
You may terminate the Services immediately upon providing written notice to Ecotalk where you have suffered material detriment due to any changes having been made to the Contract or to the provision of the Services by Ecotalk, including in accordance with sections 6.3 and 14.4. Where you wish to terminate the Services on the basis of having suffered material detriment due to the acts or omissions of Ecotalk we will refund you on a pro rata basis for unused days and, where relevant, unused texts, minutes and data at the point in time in which you have provided Ecotalk with written notice of your desire to terminate the Services and stating the reasons for such material detriment.
You have rights if there is a problem with the Services
If there are issues with the Services such as network speed, coverage or other issues, you must tell us by contacting us. We will look into the issue and try and resolve it. You may be entitled to a refund depending on the issue and how long it takes to fix it. You may also be entitled to terminate the Contract, request a refund under the Consumer Rights Act 2015 or ask us to fix the issue.
If the Services are seriously disrupted and the parts of the Services that you use most often are significantly impacted so that you cannot use the Services, and we are unable to provide an alternative, you will be entitled to a pro rata reduction in the charges for the period of disruption.
Limitations of the Services
Ecotalk will use reasonable skill and care to make the Services available to you. However, the Services will only be made available within our coverage area (which comprises a video service area and a voice & picture area within the Designated Area). Within this area, there may be areas where you do not have access to all or some of the Services or where coverage is otherwise limited or unavailable due to the manner in which the Services are provided and the limitations set out below.
You may only use the Services in the Designated Area.
Our Network Provider or Service Provider may implement procedures to measure and shape traffic that passes over its network, which could impact on the Services provided to you. For example, it may implement procedures to slow down P2P file-sharing and tethering activities during peak times and to optimise video streaming. We are not involved in and do not have any control over how our Network Provider or Service Provider measures or shapes the traffic that passes over its network. Please check our Network Provider or Service Provider traffic management policies for more information on how traffic is managed and how this may impact on the Services provided to you.
There may be situations when the Services are not continuously available or the quality of the Services is affected. You agree that Ecotalk cannot guarantee continuous fault-free service. For instance the Services may be affected or become unavailable:
when we, our Service Provider or our Network Provider need to perform upgrading, maintenance or other work on the network or Services or improve, modify, test, maintain or repair their network or services;
when you move outside the video service area whilst you are on a call (in this case calls may not be maintained);
when you are in areas not covered by our Network Provider’s network. In these cases Services may rely on other operators’ networks over which we have no control;
because of other factors that may be outside our control, including the features or functionality of your Device, any regulatory requirements, lack of capacity, interruptions to services, failures or delays caused by or from other third party suppliers and our Network Provider, faults in other communication networks, the weather, radio interference caused by hills, tunnels or other physical obstructions, acts of God, industrial action, war, terrorism, any governmental action or any decision made by a competent court; or
due to fraudulent, illegal or abusive usage of the Services for which Ecotalk or our Network Provider or Service Provider may need to take preventive action.
Changes to the Services and these terms
We can always change the Services to reflect changes in relevant laws and regulatory requirements and to make minor technical adjustments and improvements, for example to address a security threat to your Device or to the Services. These are changes that don't affect your use of the Services. We will notify you in advance of these changes and explain the practical impact on your use of the Services.
We may vary, change or increase any of the charges or terms set out in the Contract at any time and for any reason, including where:
our Service Provider or Network Provider varies, changes or increases any of the charges or terms on which they enable us to provide you with the Services;
due to changing technologies, obsolescence and new or different product or service features;
due to the introduction of new or amended laws, regulations, policies or guidance relevant to the Contract or the provision of the Services.
Where we vary, change or increase any of the charges or vary or change any terms contained within the Contract we will use reasonable endeavours to provide you with as much advance notice by email or post of such changes as possible. Where any variations, changes or increase are likely to cause you material detriment we shall provide you with at least thirty (30) days’ notice of such changes.
Except in the circumstances described in section 14.5 you are entitled to terminate this Contract in accordance with section 11.2 if any of the variations, changes or increases in the Charges or the terms of the Contract are to your material detriment.
You agree that any changes, variation or increases in the Charges or changes or variations to the terms made to the Contract by Ecotalk that are due to changes to the law, government regulation or our Network Provider’s licence or terms which affect us shall not cause you material detriment and that you will not be able to terminate this Contract where such changes, variations or increases are made.
If you carry on using the Services after the variations, changes or increases commence, you will be deemed to have accepted the variation, changes or increases to the Services.
Ending our contract with you
We reserve the right to end our Contract with you and/or the Services immediately:
if we believe that your use of our Services is jeopardising the operation of our Network Providers network or is of an unacceptable nature; or
in the event of your bankruptcy, insolvency or death;
if there is no network access or services being provided to us by our Service Provider or Network Provider.
if we no longer have access to other operators’ networks which we need to provide the Services, or we are no longer able to provide the Services due to factors beyond our control or because we cease business; and
if you fail to comply with a key term of this Contract and do not correct this within fourteen (14) days from the date on which we asked you to.
The effect of Ecotalk ending its relationship with You
If the Contract is terminated by you or Ecotalk, we will disconnect you and you will not be able to use the Services, ESim Card or be able to make any calls to the emergency services.
Our liability to you
All of our obligations to you relating to the Services are set out in the Contract.
Our and our Network Provider and Service Provider’s entire liability to you for something we do or don’t do and for liability to you of any sort will be limited to £3,000 for one claim or a series of related claims.
If you are a Consumer, we and our Network Provider or Service Provider are not liable for loss of income, business or profits.
Nothing in these terms and conditions shall remove or limit our liability or the liability of our Network Provider or Service Provider for fraud or fraudulent misrepresentation; for death or personal injury caused by our negligence; or for any liability which can’t be limited or excluded by applicable law.
If you are a Consumer, the terms of this Contract will not affect any of your legal rights, which cannot be excluded by this Contract. For more information on your legal rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
We're not responsible for losses you suffer caused by us breaking this Contract if the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);
Caused by a delaying event outside our control; or
Avoidable. Something you could have avoided by taking reasonable action, including complying with the terms of the Contract.
If you are not a Consumer then, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the Services and all claims for loss of profit, business, income or anticipated savings or any indirect or consequential loss are wholly excluded.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice: https://www.ecotalk.co.uk/privacy-policy
How to Contact us
You can contact us by:
sending us a letter at: Lion House, Rowcroft, Stroud, Gloucestershire, GL5 3BY;
sending an e-mail to home@ecotalk.co.uk and
calling us on 0333 800 5500.
Dispute Resolution
If you have a complaint in relation to the Services provided under the Contract we will endeavour to resolve this as quickly as possible. Please contact us through one of the methods set out in Section 19. If we are unable to resolve your complaint you have the right to refer the matter to the Ombudsman Services - Communications in accordance with our Customer Complaints Code of Practice available on our website.
These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Other important terms apply to our contract
This Contract is entered into by Ecotalk for its own benefit and for the benefit of its Service Provider and Network Provider. For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is intended that Ecotalk’s Service Provider and Network Provider will have the right to enforce any rights under the Contract and to that extent Ecotalk’s Service Provider and Network Provider will have the same rights against you as would be available if they were parties to the Contract.
You confirm that you have full contractual capacity to enter into the Contract.
We may update the information contained on any of the web pages referenced in the Contract at our discretion and will notify you of any such changes (where applicable) in accordance with the provisions of the Contract.
We can transfer our Contract with you, so that a different organisation is responsible for supplying your service. We'll contact you to let you know if we plan to do this. If you're unhappy with the transfer you can contact our Customer Service Team: https://www.ecotalk.co.uk/contact-us to end the Contract within 7 days of us telling you about it and we will refund you any payments you've made in advance for services not provided.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
Definitions
“Acceptable Use Policy”
Means the Ecotalk acceptable use policy as made available at https://www.ecotalk.co.uk/terms-and-conditions or such other website address as may be notified to you from time to time.
“Charges”
Means the charges payable by you for the supply of the Services in accordance with section 2.3.
“Charges Information”
Means the information about the Charges for the Services set out in on the plan pages on the Website.
“Commencement Date”
Means the date on which you activate your Service Plan by using data, making calls or sending an SMS.
“Contract Duration”
The period during which the Contract will be in force as set out in the Service Plan.
“Conditions”
These terms and conditions as amended from time to time in accordance with section 14.
“Consumer”
An individual using the Services for their private purposes and not in connection with a business.
“Customer Service”
Means the Ecotalk customer service team, who can be contacted in accordance with clause 19.
“Designated Area”
Shall mean the country/ies or zone(s) in which the Service Plan is designated for use in.
“Device”
Shall mean any electronic device which is capable of being connected to a Mobile Network using an ESim Card, which shall include (without limitation) a connected car, a laptop, a tablet or smartphone.
“Ecotalk”
Means Ecotalk Limited, a company registered in England and Wales with company number 07442414 whose registered office is at Lion House, Rowcroft, Stroud, England, GL5 3BY, and the terms “we”, “our”, and “us” shall be construed accordingly.
“ESim Card”
Means a digital SIM card which is directly embedded into a Device to enable such Device to be connected to the Mobile Network.
“Mobile Network”
Means the infrastructure, software and hardware enabling a cellular carrier or mobile operator to support wireless internet services.
“Network Provider”
Means the mobile network operator that is responsible for providing access to its network for the provision of the Services from time to time.
“Privacy Policy”
Means the Ecotalk privacy policy as made available at https://www.ecotalk.co.uk/privacy-policy or such other website link as may be notified to you from time to time.
“Services”
Means the provision of an eSim subject to the terms set out in your Service Plan which allows you to connect to a Mobile Network on the Device.
“Service Plan”
Means the roaming services that are included within the Charges you pay which shall be:
valid for a specific duration; and
usable only in the Designated Area assigned under such plan.
“Service Provider”
Means the third party Ecotalk may use or appoint to enable Ecotalk to provide the Services from time to time.
“Website”
Shall mean the Ecotalk website as made available at www.ecotalk.co.uk or such other website address as may be notified to you from time to time.
“you” and “your”
The customer who has entered into the Contract.