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SFC Usage Plan & Peplink eSIM Data Plan Terms and Conditions

Last updated: 21 November 2023

1. Preliminaries

In addition to our General Terms and Conditions of Sales, all subscriptions to or renewal of our SpeedFusion Connect (“SFC”) Usage Plan[1] and Peplink eSIM Data Plans (each a “Plan”),[2] and access to related services (through Peplink Care Plan or otherwise) are also subject to this Terms and Conditions.

1.1. This Terms and Conditions takes effect as an agreement between us, Peplink Pte. Limited and its affiliates (also referred to as “Peplink”, “we”, “us” or “our”) and you or the entity you represent (“user”, “you” or “your”) when you purchase, subscribe or renew any of the SFC Usage Plan or Peplink eSIM Data Plans.

1.2. By entering into this agreement, you represent to us that you are lawfully able to enter into contracts. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.

1.3. If there is any conflict or inconsistency between these terms and conditions and those in the General Terms and Conditions of Sales, the terms and conditions set forth herein shall prevail unless stated otherwise.

2. Data Traffic and Validity Period

Subject to the terms and conditions set out herein, we shall provide you with such usage or data traffic allowance during a validity period in accordance with your selected Plan. Any usage or data traffic allowance under the Plan or a Care Plan is hereinafter referred to as “Allowance”.

2.1. Subject to Section 2.2, all SFC Usage Plan or eSIM Data Plans take effect immediately upon your purchase and our issuance of an email notification to you confirming successful subscription/renewal or providing access details (if any). The validity period starts from the date of our email notification.[3]

2.2. Where any Allowance is included in your purchase of Peplink Care Plan, this Allowance will automatically begin and end in accordance with your Care Plan coverage.[4]

2.3. If the user fails to use any Allowance within the validity period of a Plan or a Care Plan, or if the Plan or Care Plan is terminated for any reason, any remaining Allowance from an expired/terminated plan shall terminate with immediate effect and will not be carried forward or otherwise transferred. The user shall not be entitled to any form of refund.

3. Specified (Number of) Devices and Settings

The Allowance and related services you subscribed to may only be available on devices (and on such number of device(s)) specified by us and may require specific settings (e.g. APN setting). You may check with us for the latest information. If you fail to follow such specifications, this may result in adverse experience when you utilize the Plan or related services.

4. Actual Speed

Peplink cannot guarantee the actual data access speed (upload and download) experienced by the user. The actual data access speed is subject to the influence of various factors which are outside our control. These factors include (but are not limited to) the features or functionality of your devices, transmission technology, network performance, websites servers speed, interruptions to services from other providers and content providers, faults in other communications networks, the weather or radio interference caused by landscapes such as hills, tunnels or other physical obstructions.

5. Fair Usage Policy

This Fair Usage Policy aims to ensure that both the operators and ourselves will not be affected by extreme dosage so that we can provide you and every other user a reliable access to our services at all times in a fair and reasonable environment.

5.1. When your Allowance is used up, either (i) the data access speed may automatically be adjusted to a low-speed one during the remaining validity period of your Care Plan (if any)[4]; or (ii) the data service may be suspended until you top up your account with more Allowance.[5]

5.2. No user shall use, or permit anyone else to use, their Allowance or the related services in any manner which (i) adversely affects our ability to provide, complete or maintain the level or quality of our network or other services to any other users; and (ii) is designed to cause loss or damage to us such as reselling the Allowance or access to related services without our prior consent or authorisation.

5.3. We may monitor your usage of the Allowance and the related services. If, in our reasonable opinion, your use of the Allowance and/or related services is abusive, excessive or unreasonable, we may take such action as is reasonable in the circumstances, with or without prior notice, in an attempt to keep your usage at a reasonable level. These actions may include (but are not limited to) lowering your priority to access the related services or our network resources, restricting the throughput or amount of data transferred, or suspending or terminating your existing Plan(s) and/or access to our related services.

5.4. As far as practicable, we will endeavor to contact you and invite you to review your data usage and refrain from any abuse or misuse of the Allowance or network resources before we do take action to suspend or terminate your existing Plan(s) and/or your access to any related services.

5.5. Depending on the Plan or Care Plan you subscribed to, the speed of data services may, apart from our Fair Usage Policy, also be subject to the applicable operators’ fair usage policy. Please contact us if you require more information.

6. Compliance with Laws and Regulations

You are solely responsible for any and all activities, uploads and downloads via the Plan and related services accessed through your SFC account(s), regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party. You will ensure that your use of our Plan and related services will not violate any of the terms herein or any applicable law or any applicable regulations.

7. Adjustments, Suspension, and Termination

In addition to Section 5, we reserve the right to, at our sole discretion, make reasonable adjustments to or forthwith suspend or terminate any and all your Plans and/or access to our related services if:-

7.1. you, or any user permitted by you, commits a breach of any of the terms and conditions contained herein;

7.2. you fail to perform or in breach of your payment obligations (whether in full or in part) to us; or

7.3. you, or any user permitted by you, abuses or misuses the Allowance or our related services;

7.4. we reasonably believe that you, or any user permitted by you, are using the the Allowance or our related services for any illegal, fraudulent or prohibitive purposes or behaviors;

7.5. it is necessary for us to comply with an order, instruction, determination or direction of an applicable judicial body, government or regulatory authority.

8. No Cancellation, Return, or Refund

All sales of subscriptions/renewals of the Plans are final with no right of cancellation, return, transfer or refund in whole or in part for whatever reason.

9. EXCLUSION OF DAMAGES

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO PROVIDE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. LIMITATION OF LIABILITY

IN NO EVENT WILL OUR OR OUR SUPPLIER’S OR OUR DISTRIBUTOR’S OR OUR AFFILIATE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, FROM ALL CAUSES OF ACTION AND THEORIES OF LIABILITY, EXCEED THE LESSER OF ONE (1) MILLION US DOLLAR OR THE AMOUNT PAID BY YOU DURING THE IMMEDIATE PRECEDING TWELVE (12) MONTHS OF SERVICE GIVING RISE TO THE LIABILITY. THE LIMITATION ON LIABILITY FOR DAMAGES SET FORTH HERE WILL NOT BE AFFECTED BY ANY FAILURE OF THE SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES HEREIN.

11. Non-wavier

No failure or delay by us to exercise any right, power or remedy under this Terms and Conditions shall operate as a waiver thereof.

12. Interpretation

We reserve the right of final interpretation of this Terms and Conditions. Headings and footnotes in this agreement are for convenience only and shall not be deemed to be a part of this agreement or to affect the interpretation of any provision of this agreement.

13. Revision

We reserve the right to change, add to, and delete the terms and conditions of this Policy or any part hereof from time to time. Please refer to our website for the latest version.

  1. Previously, “SpeedFusion Connect Protect” or “SpeedFusion Cloud”. ↩︎

  2. Previously, “SpeedFusion Connect 5G/LTE”. ↩︎

  3. You may also check the validity period (or the end date of the validity period) of your Plan or Care Plan by logging in to the InControl at https://incontrol2.peplink.com or our SpeedFusion Connect App. Alternatively, please contact our support staff at https://ticket.peplink.com for information. ↩︎

  4. Applicable to SFC Allowance under a Care Plan. Currently, users with valid SFC Allowance may achieve data access speed at the maximum of 200 Mbps or 400 Mbps. Once the SFC Allowance is used up, users may still access the data service, but at a reduced data access speed at the maximum of 10 Mbps during the remaining validity period of the Care Plan. ↩︎ ↩︎

  5. Applicable to Data Allowance under a Peplink eSIM Data Plan. ↩︎

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