Terms & Conditions
- Services and Obligations
- The bibitel sim-skin SKIN
- Top-up Voucher
- Customer Responsibilities
- Data Protection & Customer Personal Information
- Liability of bibitel
- Liability of the Customer
- Charges and costs
- Complaints, Disputes and Governing Law
- Returns policy
- Consumer Rights Act
- Worldpay auto top ups
- bibitel is a trading style of Bibitel Global Ltd of England and Wales, and registered under number 06473080 with an address of 1 Finway Luton, Bedfordshire LU1 1TR. Having a branch office located at 3rd Floor, 101 Finsbury Pavement, London, EC2A 1RS United Kingdom, herein referred to as bibitel.
- Acceptable Use Policy: the policy notified to the Customer by bibitel (whether that policy is required by bibitel or any underlying network operator enabling the services) governing the acceptable use of the Services, which may be amended from time to time and which is available at www.bibitel.com.
- Agreement: the agreement by bibitel to provide the Services to the Customer which is entered into when the Customer purchases and registers with bibitel. These general terms and conditions are an integral part of that Agreement.
- Customer: a natural person who, or a legal entity that enters into an Agreement with bibitel.
- bibitel Customer Service: the customer services department, which the Customer may contact for all questions regarding the bibitel service, can be reached by calling 0330 378 1178 or by emailing us on email@example.com
- bibitel Service(s) or Service(s): the service through which the Customer uses the Network for direct transport of telecommunication traffic from mobile users to and from connection points on the Network or to connection points on other networks.
- bibitel sim-skin: a prepaid, activated SIM containing a bibitel microprocessor enabling access to the Services.
- bibitel Top-up Voucher: a voucher (whether in physical or electronic form) containing an 11 digit code enabling the Customer to redeem the face value of such voucher for use of the Services.
- Network: the network for wireless telecommunication.
- Products: bibitel sim-skin and bibitel Top-up Vouchers or any other product offered by bibitel.
- bibitel service access: to access the bibitel service the sim-skin will call a local access number which will be deducted out of your bundled minutes or charged at a rate determined by your mobile operator.
- Bibitel is obliged only to supply the means necessary to provide the proper operations of the bibitel Service. In this regard bibitel will provide the technical means necessary to access this Service under optimal conditions. The customer may turn off the bibitel Service on his mobile phone at any time, therefore, using the underlying provider to make international calls.
- Mobile telephony is a form of wireless communication and operates on the basis of transmission of radio and signal frequencies. As such, it can be interfered with by numerous external sources or by obstacles inherent in buildings, vegetation or terrain and as such bibitel cannot guarantee a perfect error free transmission (in terms of actual availability or quality of Service) in all locations at all times.
- The quality of the bibitel Service also depends on the quality of the mobile telephone handset used by the Customer as well as the underlying Mobile service provider. bibitel has no control or influence over the mobile telephone handset quality or of the quality of service by the underlying Mobile service provider.
- The Services are provided on an "as is" basis and bibitel provides no warranty in relation to the Services and in particular does not warrant that the Services are of satisfactory quality, fit for a particular purpose, suitable, reliable, accurate, complete, secure or error free.
- Occasionally the Network and the Services may become unavailable due to requirements for upgrading, modification, maintenance or other necessary works relating to the Network or Services. At these times the Services may be temporarily unavailable and bibitel shall endeavour to keep any period of non-availability to a minimum. bibitel shall have no liability for any such periods of unavailability.
- bibitel offers roaming services but due to the nature of these services bibitel cannot guarantee the prices, availability or quality of Services using such roaming services.
- Associated with the bibitel sim-skin is your unique Master Password and User Name. Instructions relating to their use may change to reflect new technology and will be explained in the “Starter Pack”. Customers shall take every necessary precaution to preserve the secrecy of their Password Code and User Name. Customers are liable for any malicious or improper use resulting from intentional, fortuitous or accidental communications of these codes or transferring his/her SIM Card.
- The Customer acknowledges that whilst every effort is made to secure an uninterrupted error free service, bibitel will not be held liable for any loss or inconvenience caused to the Customer by any actions of a distributor including fraud and deception and/or non-payment. In such cases, the Customer should contact the distributor and/or retailer from whom they purchased the SIM and/or Top-up Voucher and request a refund.
- Premium rated SMS and Premium rated calls are expressly excluded from the service.
- Calling rates using the Services are displayed on marketing posters, amended from time to time, and/or on the website www.bibitel.com
- bibitel reserves the right to monitor and record communications using the Services. This may be done to improve the Services, to ensure compliance with bibitel policies, governmental, regulatory or enforcement agency requests, and to detect prevent criminal activity.
- As a matter of policy bibitel will not intentionally disconnect any calls provided that there is credit available for the calls, however it may be possible that calls could get disconnected due to matters beyond bibitel’s control, e.g. force majeure, carrier fault, technology fault or human error.
- Customers are hereby informed of the inherent risk in the use of the mobile telephone while driving a motorised vehicle. bibitel cannot be held liable for damage resulting from an accident caused by the use of the mobile telephone while a motorised vehicle is being driven.
- Customers are hereby informed of possible interference that a mobile telephone may cause in certain sensitive types of equipment such as medical appliances, aircraft etc. It is therefore essential that the instructions given by the persons with responsibility for such equipment be strictly complied with. bibitel cannot be held liable for any damage resulting from a failure to comply with such instructions.
- Please follow the instructions and diagrams as set out in the Starter Pack provided when you purchased the bibitel sim-skin. The bibitel sim-skin is used by removing your existing SIM card and attaching the sim-skin provided in the Starter Pack. Line up the bibitel sim-skin onto your existing SIM using the transparent template and press into place. After this you simply replace the SIM back into your mobile phone handset. Prior to making any international calls, you must activate the bibitel sim-skin by calling 0330 378 1285 and entering a Password Code (found by scratching a place on the card provided in the Starter Pack) and User Name (you provide this).
- The bibitel sim-skin remains the exclusive property of bibitel. The customer must keep the bibitel sim-skin safe and not misuse the bibitel sim-skin in any way. bibitel will only replace a bibitel sim-skin where it is found to be defective by reason of faulty workmanship or design. bibitel may in its sole discretion charge for replacing a bibitel sim-skin where bibitel reasonably believes that the customer has been responsible or has contributed in any way for the misuse, damage or loss of the original bibitel sim-skin. Furthermore, bibitel reserves the right to recall a bibitel sim-skin at any time. It is the customer’s responsibility to inform bibitel of any damage to the bibitel sim-skin purchased by the customer.
- If the bibitel sim-skin is not used to make international calls for three (3) months (the “validity period”), the account will be frozen preventing any further use by the Customer.
- The Customer will then have one (1) month to top up their bibitel sim-skin account. If the Customer tops up within 1 month and uses the Service the old credit previously frozen will under clause 3.3 will be reinstated and the Customer will be able to make and receive calls as normal.
If the Customer does not top-up within one (1) month from the “validity period” the customer will lose:
a) all unused credit;
b) his/her bibitel sim-skin skin and the account will be blocked permanently from any further use by the customer.
- Customers pay for the use of the Services by topping-up their bibitel sim-skin account. Customers do this by loading credit onto the account by purchasing bibitel Top-up Vouchers, using the web site www.bibitel.com or calling 0330 378 1178.
- Customers can top-up their bibitel sim-skin at any time after registration including during any validity period..
- If the top-up takes place before the end of a validity period or within one (1) month following the validity period, the credit unused at the time of the top-up will be added to the credit of the top-up.
- Each time the Customer tops up his/her bibitel sim-skin during the validity period, the validity period shall be extended for a further three (3) months under the above conditions.
- Where the Customer has used topped-up his/her bibitel account, that credit can only be used for use with the Services and the customer shall not be entitled to receive any cash refund for any outstanding credit remaining on the Customer’s account at any time, including where the Customer fails to use the Services during a validity period and the Agreement is terminated.
- The customer's top-ups are not repayable by bibitel nor is interest payable on any credit on a Customer account. Each time the Services are used by Customer (or someone else using a the customer’s mobile telephone handset) the top-ups purchased will be reduced according to the tariff charges relating to that particular communication.
- bibitel reserves the right to offer the bibitel Top-up Voucher as a multifunction credit voucher that can be redeemed for multiple services (if any).
- Unused top-up credit will expire after twelve (12) months from the date the top-up takes place.
- Where required by operating conditions or the organisation of the Service, bibitel may modify the technical characteristics of its Services. Customers will not be entitled to compensation for any replacement or modification of mobile telephone handsets made necessary by a change in the Network affecting the Services.
- bibitel may disconnect the Customer fully or partially from the Service, without notice of default being required, if the Customer fails to comply with his/her obligations under the Agreement or fails to observe the requirements that can be set for reasonable use, including any Acceptable Use Policy, or where bibitel is unable to provide the Services due to reasons beyond its control.
- Disconnections shall take place without the Customer being entitled to any compensation. The disconnection will be lifted when bibitel determines that the Customer has fulfilled his/her obligations. The Customer shall meet the disconnection costs and those for reconnection. Disconnection of the Service does not release the Customer from any of his/her obligations under the Agreement.
- If, fourteen (14) days after the Customer has been given the opportunity to fulfil his/her obligations by bibitel in writing, bibitel concludes that the Customer has still failed to do so, bibitel is entitled to terminate the Agreement, upon which all claims of the Customer against bibitel will lapse.
The customer shall not use the Services for the following activities:
a) any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing of any information which is of an offensive, abusive, indecent, obscene or menacing nature;
b) causing, nor knowingly allowing others to cause, any nuisance, annoyance or inconvenience whether to bibitel or to any of bibitel’s Customers or other persons, which shall include the use of the Network for the persistent sending of unsolicited communications without reasonable cause;
c) for the purpose of causing harm, damage or impairing the operation of the Network over which the Services are provided; and
d) the storing or dissemination of information which does not belong to the Customer and which can be held to infringe the rights of a third party including another person’s copyright or other intellectual property rights (unless with the prior consent of such third party).
- Upon purchasing a bibitel sim-skin the Customer may be required to register with bibitel and this may include the Customer providing his/her personal information including their name, address, date of birth, etc. The Customer acknowledges that providing false information is a fraudulent act and if bibitel determines such personal information to be false, bibitel shall be entitled to terminate this Agreement without any liability to the Customer.
- It is the customer's responsibility to notify bibitel of any changes to their personal details and for keeping their details retained by bibitel up to date.
bibitel and any of its group of companies may use the personal information of the Customer, the communication information and numbers used by the Customer and are saved in the files of bibitel and are processed by bibitel or third parties in its name with a view towards:
a) the delivery of the Service;
b) administration and customer services purposes; and
c) information and marketing purposes;
all within the framework of the relationship with the Customer and in order to initiate information or advertising campaigns connected with the Products or Services provided by bibitel.
- bibitel will always use and process Customer personal information in compliance with the Data Protection Act 1998, as amended from time to time.
- bibitel shall provide to Customers a copy of his/her personal information held by bibitel where a Customer requests access to such information and provided the Customer pays, in advance, a nominal administration fee.
- Bibitel has no liability whatsoever as concerns the bibitel sim-skin, bibitel Top-up or the provision of the Services. For the avoidance of doubt bibitel shall not be liable to the Customer for any actions, claims, demands, costs, expenses, damages, losses or liabilities of any kind incurred by the Customer as a result of purchasing and using the bibitel sim-skin, bibitel Top-up Voucher or the provision of the Services.
- Bibitel shall not be liable for any damage or losses resulting from the content of calls sent or received by Customer.
- Bibitel may not be held liable for any damage or loss resulting from intervention by a third party, including any governmental, regulatory or administrative body.
- Under no circumstances shall bibitel be held liable for indirect or intangible damage or losses of any kind whatsoever including but not limited to, additional costs, loss of income on profits, loss of customers or custom, loss or damage of data and loss of contracts.
- Bibitel shall have no liability or responsibility in the event of loss, theft, fraudulent or wrongful use of the bibitel sim-skin or Top-Up by bibitel Customers. Moreover, bibitel shall not be liable to reimburse credit used by bibitel Customers or any other person where a Customer is not in control of the bibitel sim-skin and has failed to notify bibitel that he/she has lost his/her control over the bibitel sim-skin, and shall furthermore not be held responsible for any consequences resulting from use of services linked to a bibitel sim-skin.
If the Customer suffers damage due to malfunctioning of the Network or due to shortcomings in the execution of the Service, bibitel may only be liable in the event of direct damage suffered and caused by:
a) death or personal injury; or
b) gross negligence.
- Bibitel's liability to a Customer to a Customer in such circumstance shall be limited to a total maximum aggregate amount of one thousand Pounds (£1000) per claim or series of related claims.
- Where a Customer suffers any damage or loss the Customer shall notify bibitel in writing of the damage as soon as possible and in any event within four (4) weeks after the discovery that damage has occurred. Damage that has not been reported to bibitel within this period shall not be compensated. This period shall not apply to a Customer (a natural person not acting in the capacity of a professional or enterprise) if the Customer makes a reasonable case for the fact that he or she could not have been reasonably expected to notify bibitel within this period.
- Bibitel will not be liable to perform any obligations or provide the Services because of any event of force majeure, i.e. any factor outside its control, including but not limited to Acts of God, industrial action, default or failure of a third party, war, governmental action, or by any act or decision made by a court of competent jurisdiction.
- Customers shall be liable for damage of any kind caused to bibitel or to third parties by the use or misuse of the bibitel sim-skin or bibitel Top-Up by any persons whomsoever or on any mobile telephone handset whatsoever, even in the event of loss or theft and Customers shall compensate bibitel for any actions, claims, demands, costs, charges, expenses, losses, liabilities or damages they cause, including minor faults.
- In the event of loss or theft of the bibitel sim-skin, it is the responsibility of the Customer to notify bibitel as soon as possible about this loss or theft and to prevent any use by another person of the bibitel sim-skin. The Customer shall be solely responsible for the bibitel sim-skin and may not claim any reimbursement from bibitel for loss or theft of the bibitel sim-skin. The Customer is responsible for complying in full with all of the terms and conditions of their SIM card provider.
- Bibitel reserves the right to change these terms and conditions at any time without prior notice. Furthermore bibitel confirms it has endeavoured to ensure the accuracy of the information contained herein, on the bibitel website, and on any marketing or promotional materials but does not accept any liability for errors, omissions and misunderstandings arising.
- Rates and billing conditions relating to the Services are subject to change without any prior notice; this may be due to circumstances outside the control of bibitel, such as changes to wholesale prices that it is charged by third party suppliers. Changes that bibitel are aware of will be posted on the bibitel website following such changes. It is the Customer's responsibility to regularly check this bibitel website for any changes affecting the Services and their use as well as checking with the Mobile operator it uses for any changes or charges for using the underlying SIM Card. Advertised rates and charges for international destinations/calls assume the fee for the local access portion of the call is paid for/covered by a Customer’s “free” minutes with the underlying provider.
- By continuing to use the Services after bibitel makes any changes in relation to the clauses above, the Customer agrees to these changes. If a Customer is not happy with any of these changes then the Customer does not have to continue to top-up their account and use the bibitel sim-skin.
- Bibitel shall be entitled to assign any and all of its rights and obligations under these terms and conditions to any other third party.
- Each starter pack will come with an amount of calling credit as determined when ordered
- No charges are made for calls not answered or engaged
- There are no connection charges
- All calls answered are charged on a per minute basis
- The Customer’s balance can be seen in the customer portal free of charge. However, a charge shall apply for each balance request from the phone, and this charge will vary depending upon the Customer’s SIM card provider.
- For all other charges that may apply please refer to your personal on-line portal area.
- Due to individual countries' excessive prices, some countries may be blocked from our system, please call customer service if your call does not connect.
- Any complaints or disputes between the Customer as a natural person not acting in the capacity of a professional enterprise and bibitel regarding the provision of the Service must first be raised with bibitel's Customer Services using the contact details provided above.
- Failure by either bibitel or the Customer to enforce rights under this Agreement shall not prevent bibitel or the Customer (as the case may be) from taking further action.
- The Agreement is governed by English Law and shall be governed by the exclusive jurisdiction of the English Courts.
- Under the Consumer Rights Act (which replaced the Sale of Goods Act in October 2015) you have a statutory right to return your sim-skin and get your money back if it's faulty and the minutes have not been used. You are only entitled to a refund if you return a sim-skin ‘within 30 days’ of purchase and unused, otherwise we have the right to offer a replacement. Any used calling credit cannot be refunded.
- If you are outside the 30-day right to reject, Bibitel has an opportunity to repair or replace any faulty sim-skins or digital content before offering a full refund. (The right to a refund doesn’t apply to calling credit or top-ups)
- Bundles can be purchased from your existing credit. If you require credit go to www.bibitel.com, Paypoint or call 0330 378 1178 To purchase a bundle TEXT 0750 733 1932 and enter the CODE of the Bundle you require Example: text 0750 733 1932 enter GUY100, then press send…. (To purchase Guyana Bundle) Upon receipt of a TEXTED Bundle the credit on your account will be exchanged for the requested Bundle minutes and will no longer show as credit on your account. Call customer service for total of minute’s remaining on your bundle. At Bibitel there is no connection charge. Each bundle has an expiration length. Longevity of bundle is specified per Bundle at www.bibitel.com. Example: Bundle GUY100 requested at 12 noon on 1st of month will expire 21 days, the 21st of month at 12 noon. Upon expiration of a Bundle, unused minutes will expire and be cleared from the account. Bundles cannot be refunded or exchanged once a call is made from the Bundle. Regular credit can be used if you wish to make a call outside the chosen Bundle.
Opting in to Auto Top-ups with Worldpay payment
When Opt-in to Auto Top-up is chosen, the customer will receive a confirmation email from Worldpay. With Opt-in you are allowing Bibitel to pull funds direct from your debit or credit card through the Worldpay payment platform.
Full instructions on how to cancel are explained in the email. Please be advised that due to data protection, Bibitel has no access to your Worldpay account and cannot cancel your Worldpay top-up payments. Worldpay require contact from card holder.
Top-ups are replenished upon funds dropping to £2.00.
What happens if credit is denied?
When Worldpay is unable to pull the payment from your designated payment card they will send a notification email to you.
Bibitel will try to pull Top-up credit 5 times from Worldpay and upon the 5th refusal bibitel will cancel the Auto Top-up.
Bibitel does not have access to your Worldpay account, nor can we contact Worldpay on behalf of you. Worldpay is a secure payment service and you data is protected therefore you will need to contact your own bank or credit card company for payment refusal explanation.