General Terms of Sale - Mobile & Data

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Revision of 9 September 2026: arrears repayment plans and restoration of eligibility. CGV-MOBILE-DATA-2026-09-09

Mobile and Data subscriptions, SIM/eSIM, roaming, portability and related services
hype SWISS Sàrl - 12, rue des Gares - CH-1201 Genève - Suisse - IDE/UID : CHE-432.029.501 - hype@hype.swiss - +41 22 404 05 55 - hype.swiss
Telecommunications operator / service provider registered with OFCOM - FST 2002157
Consolidated version - September 2026 - Version identifier: CGV-MOBILE-DATA-2026-09-09. For contracts entered into in Switzerland, the French version is the reference version, subject to any mandatory applicable provisions.
This document is autonomous and must be read together with the order confirmation, any Special Terms, the hype SWISS Terms of Use and Privacy Policy.

1. Purpose and scope

These Mobile & Data General Terms of Sale (the “Mobile & Data Terms”) govern the conclusion, performance, use, billing, amendment, suspension and termination of contracts relating to Mobile and Data Services marketed by hype SWISS.

They apply in particular to Mobile and Data subscriptions, SIM cards and eSIMs, Multi Device-SIM, calls, SMS, mobile data, 4G/5G services, number portability, roaming, data and roaming packs, the Fullspeed option, out-of-bundle communications, value-added services, Premium/VIP numbers and directly related ancillary services.

The Mobile & Data catalogue, the offer sheet and the order confirmation specify the characteristics, allowances, thresholds, prices and conditions specific to the subscribed Service.

2. Definitions

“Customer” means any natural or legal person entering into a contract with hype SWISS. “Consumer” means a natural person acting mainly for private purposes. “Business Customer” means a person acting mainly in the course of a commercial, professional, economic, association or institutional activity.

“Service” means any service supplied directly or indirectly by hype SWISS. “Partner” includes a network operator, wholesale provider, MVNO/MVNE provider, roaming provider, numbering provider, technical provider, platform provider, payment provider or subcontractor involved in supplying the Service.

3. Contractual hierarchy

Unless mandatory law provides otherwise, the contractual documents apply in the following order:

• individual contract or order confirmation;
• Special Terms and any SLA;
• expressly applicable promotional terms;
• detailed offer sheet;
• Mobile & Data catalogue and applicable tariff schedule;
• these Mobile & Data Terms;
• hype SWISS General Terms of Use;
• Privacy Policy and other applicable policies;
• technical instructions. A higher-ranking document prevails only for the matter it expressly regulates. Mandatory provisions of applicable law prevail in all cases.

4. Pre-contract information

Before the contract is concluded, hype SWISS provides or makes available the essential information regarding, in particular, hype SWISS’s identity, the selected offer, the monthly VAT-inclusive price, one-off charges, included services, data allowances, speed limitations, Fair Use thresholds, roaming, out-of-bundle rates, options, any minimum term, renewal, plan changes, termination, portability, promotions and the consequences of early termination.

5. Contract formation

The display of a Service on hype.swiss does not necessarily constitute a legally binding offer. The Customer’s order is a request to enter into a contract.

The contract is concluded once hype SWISS has received a complete order, completed any required checks, accepted the order and confirmed or activated the Service. An automated acknowledgement of receipt does not necessarily constitute final acceptance.

6. Refusal or deferral of an order

hype SWISS may refuse, defer or make an order subject to additional conditions for an objective reason, including:

• incomplete or inaccurate information;
• identity that cannot be verified;
• reasonable risk of fraud;
• previous overdue debt;
• insufficient creditworthiness;
• technical or regulatory impossibility;
• provisioning impossibility or Partner refusal;
• previous manifestly abusive or fraudulent use. Amounts collected for a Service that ultimately cannot be supplied are refunded, subject to services already provided and non-recoverable external costs where deduction is legally permissible.

Where a Customer has an Arrears Repayment Plan to settle previously overdue claims, hype SWISS may, throughout that Plan and for a recovery period of three months after full settlement, refuse or postpone any new subscription, new line, option or change increasing financial exposure. Details are set out in the hype SWISS Terms of Use.

7. Customer identification

The Customer must provide accurate, complete and up-to-date information. hype SWISS may request an identity document, electronic identity verification, address, proof of residence, power of attorney, portability documents and any information required for security or legal compliance.

Current standard fee for automated identity verification: CHF 5.95 incl. VAT, where not offered free of charge or included.

8. Creditworthiness, deposits and limits

Where objectively justified, hype SWISS may require advance payment, a security deposit, a valid payment method, a credit or consumption limit, or an interim payment. A deposit may be applied against due claims. Any remaining balance is returned after the contractual relationship has been fully closed.

9. Mobile subscriptions

The current Mobile range includes, in particular, the following offers. The services finally subscribed are those stated in the offer sheet and order confirmation.

10. Data subscriptions

Data subscriptions are intended in particular for tablets, computers, mobile routers and other compatible equipment. They do not include calls or SMS unless expressly stated otherwise.

Any prospective tariff change is communicated in accordance with these Terms.

11. Promotional programme -75% / -50% / -25%

11.1 Principle

The hype SWISS promotional programme is reserved for expressly eligible recurring subscriptions billed monthly. The discount applies only to the recurring monthly base price of the eligible subscription.

11.2 Each new eligible order starts a new cycle

The former limitation to one use per Customer is removed. Each separate new order validly placed and accepted by hype SWISS that contains one or more new eligible recurring monthly subscriptions starts a new -75% / -50% / -25% cycle. The programme is attached to the order for a new eligible recurring subscription, not to the Customer’s first historical order.

11.3 Existing Customers

A Customer who already has one or more hype SWISS Services, or who has previously received a promotional cycle, may receive a new cycle when placing a new eligible order.

11.4 Several subscriptions in one order

All eligible recurring monthly subscriptions contained in the same order benefit from the programme. The calculation is made separately for each eligible subscription line.

11.5 Independent cycles

Each order has its own cycle. The same Customer may therefore have several promotional cycles running at the same time where eligible orders were placed on different dates.

11.6 Potentially eligible products

• monthly Mobile subscriptions;
• monthly Data subscriptions;
• monthly Internet/Wi-Fi;
• monthly TV;
• monthly fixed-line/VoIP;
• monthly Business Trunk;
• monthly Microsoft Teams Trunk;
• monthly vPBX;
• monthly Fruity Baskets and bundles.

11.7 Excluded items

• Data Boosts and roaming packs;
• one-off purchases, devices, smartphones, routers and accessories;
• SIM/eSIM, activation, identity verification and portability;
• delivery, installation, interventions and one-off options;
• out-of-bundle usage and value-added services;
• prepaid or annual plans;
• Premium/VIP numbers and Premium/VIP selection fees;
• reminder and reconnection fees;
• interest, penalties or indemnities.

11.8 Fruity Baskets and bundles

Where a bundle is sold at a single global monthly price, the programme applies to that global price and is not applied a second time to components already included in it. Where several subscriptions are billed separately, the discount is calculated separately on each eligible line.

11.9 Plan changes

A simple plan change on an existing line does not automatically restart the programme. If the change results in a genuinely separate new subscription and is expressly treated as a new eligible order, a new cycle may be granted.

11.10 Display

The basket, checkout and confirmation must clearly show the standard price, the price for months 1, 2 and 3, the price from month 4 and any items billed at 100%.

12. Minimum term and conditional nature of promotions

The promotional programme does not remove any minimum term applicable to the subscription. Where a minimum term exists, promotions and other subscription benefits are granted on condition that this term is respected. This condition must be presented to the Customer before the order is confirmed.

13. Early termination

13.1 Principle

If a Customer terminates a subscription before the end of its minimum term for a reason attributable to the Customer and without a statutory or contractual right to early termination without charge, the Customer loses the discounts and promotional benefits attached to the relevant subscription.

13.2 Recovery of discounts already granted

Monthly fees that have already benefited from a promotion are recalculated at the standard monthly price without discount applicable at the time of subscription. The Customer pays the difference between the standard price and the amounts already paid. A monthly fee already paid is not charged twice; only the withdrawn discount is recovered.

13.3 Remaining minimum term

The Customer must also pay the amount corresponding to the remaining minimum term, calculated at the standard monthly price without promotion, pro rata from the effective termination date to the end of the contractual minimum term.

13.4 Contractual indemnity

A flat contractual indemnity of CHF 250 per subscription terminated early is also payable. It is added to the recovered promotions, the fees for the remaining term, usage charges, equipment and any other independently due claims. Its application remains subject to mandatory law.

13.5 Formula

Early termination amount = A. recovery of promotions already granted + B. standard price for the remaining minimum term + C. CHF 250 flat indemnity + D. other independently due amounts.

13.6 Several subscriptions

If several subscriptions are affected, the calculation is made separately for each one. The CHF 250 indemnity applies per subscription actually terminated before the end of its minimum term.

13.7 Exceptions

No recovery, future monthly fee or indemnity may be charged to the extent that mandatory law or a specific contractual right gives the Customer a right to early termination without such charges.

14. Data and roaming packs

The catalogue includes, in particular, the following packs. They are one-off purchases and do not automatically qualify for the -75% / -50% / -25% programme.

15. Pack validity

Packs remain usable subject to an active line, offer compatibility, network and zone availability and their validity period. The current catalogue provides a 365-day validity period for the relevant packs.

16. Fullspeed option

The Fullspeed option restores full speed after a reduction to 1 Mbit/s. Current price: CHF 125.00 incl. VAT. It is billed pro rata until the last day of the month, ends automatically and does not renew automatically.

17. SIM, eSIM and ancillary services

Any free-of-charge treatment expressly shown at the time of ordering prevails for the relevant service.

18. Mobile Premium / VIP numbers

18.1 Principle

hype SWISS may offer a choice from available numbers, personalised searches, specific combinations, memorable numbers or Premium/VIP numbers.

18.2 Right of use

The Customer does not acquire ownership of the telephone number. The Premium/VIP fee remunerates, in particular, the search, selection, classification, reservation and grant of a right to use the number.

18.3 Availability

Only numbers available within ranges accessible to hype SWISS or its Partners may be offered. Displaying a number does not guarantee final availability until it has been technically reserved.

18.4 Personalised search

Where available, the Customer may search for a complete number, specific digits, a suffix, prefix, repetition or other pattern. The system may check availability, suggest alternatives, classify the number and temporarily reserve it during checkout.

18.5 Categories

hype SWISS may use categories such as STANDARD - CHOICE - SILVER - GOLD - PLATINUM - DIAMOND / UNIQUE. Criteria and price levels may vary according to rarity, memorability and supplier costs.

18.6 Price

The only contractual price is the price shown to the Customer before confirmation. It may depend on rarity, structure, repetitions, memorability, classification, supplier costs and the number’s commercial value.

18.7 Make an offer

Exceptionally rare numbers may be offered through a “Make an offer” mechanism. hype SWISS may accept, reject or counteroffer. Submission of an offer creates no entitlement until definitive acceptance and reservation.

18.8 Portability

Premium/VIP status does not remove applicable portability rights. Porting the number does not entitle the Customer to reimbursement of a Premium/VIP fee already paid.

18.9 Promotions

Premium/VIP fees do not automatically qualify for the -75% / -50% / -25% promotion. The associated recurring subscription may qualify where eligible.

19. Prices and VAT

Prices intended for Swiss consumers are stated in CHF including VAT. VAT and non-optional surcharges that must legally be included in the final price are included.

20. Billing

Billing starts on the activation date or the date stated in the order confirmation. Usage, options and one-off Services are billed under the applicable tariff schedule. Some roaming usage data may be received with a delay.

21. Payment

The Customer must pay invoices by the stated due date. Where automatic collection applies, the Customer must maintain a valid payment method.

22. Invoice disputes

Any dispute must be raised without undue delay and identify the amounts concerned. The undisputed portion remains payable. Mandatory rights remain reserved.

23. Late payment, reminders, suspension and reconnection

Every invoice must be paid by the due date stated on it. In the event of late payment, hype SWISS may charge default interest at 5% per year on overdue and unpaid amounts.

Each payment reminder sent to the Customer is charged at CHF 30. These fees are added to overdue invoices, default interest and any other charges legally recoverable.

If due amounts remain unpaid, hype SWISS may, after notice where circumstances permit, restrict or suspend all or part of the relevant Services.

Where a Service has been suspended or disconnected because of non-payment, reconnection is conditional upon (1) full payment of all overdue amounts, including invoices, interest and reminder fees, and (2) payment of a CHF 100 reconnection/reactivation fee.

Reconnection takes place once full payment has been confirmed and subject to the technical time required. Additional external collection, debt-enforcement, address-search or other costs directly caused by non-payment may also be charged to the extent legally permissible.

Suspension or disconnection for non-payment does not release the Customer from other contractual obligations, including charges due during any minimum term, subject to mandatory law.

24. Emergency and assistance calls

Since 1 July 2026, the following 15 regulated numbers are directly accessible free of charge from the relevant Swiss telephone connections. The call charge is CHF 0.00.

The free-of-charge rule concerns the call itself, not necessarily any ambulance, helicopter, medical treatment or rescue operation resulting from it. Calls made from abroad may be subject to the rules of the visited network and country.

25. Changing subscription

A request received and validated by the 19th of a month may normally take effect on the first day of the following month. A request received from the 20th normally takes effect on the first day of the second following month, unless otherwise confirmed. A change does not automatically remove a minimum term, promotion, financing arrangement, specific commitment or device-related condition.

26. Fair Use Policy

The term “unlimited” does not mean absence of all restrictions. The Fair Use Policy is intended to prevent, in particular, resale, artificial traffic, automated use, permanently disproportionate use, SIM boxes and commercial misuse of the Service.

Depending on the offer and circumstances, hype SWISS may reduce speed, restrict certain services, suspend or block a SIM/eSIM, or terminate for good cause. Offer-specific thresholds form part of the contract.

27. Coverage and speed

Coverage maps are indicative. A 4G or 5G designation does not guarantee permanent availability. Actual performance may depend on location, device, network, frequencies, network load and maintenance.

28. Open Internet

hype SWISS applies the principles governing the open Internet. Reasonable, proportionate and temporary measures may be taken to comply with law, protect the network, prevent security threats, manage exceptional congestion or apply a contractually disclosed speed reduction.

29. Roaming

Zones 1 to 6 are hype SWISS tariff zones. The list of countries or territories in each zone is stated in the applicable tariff schedule. A Swiss SIM does not automatically benefit from the EU “Roam Like at Home” regime.

30. Roaming packs and cost protection

Roaming packs are subject to the price, zone, allowance and validity conditions presented before activation. Cost-protection mechanisms and limits are applied in accordance with applicable regulatory requirements. Consumption information from foreign networks may arrive with a delay.

31. Out-of-bundle communications

Where a communication is not included in the subscription or an option, it is charged under the tariff schedule in force. The detailed matrix of calls between the different zones is contained in the Mobile & Data catalogue.

32. Value-added services and special numbers

090x numbers, Premium SMS/MMS, chargeable short numbers and satellite, maritime or aeronautical destinations may generate additional charges. They are included only where the offer expressly provides so. Regulatory blocking options are made available where required by law.

33. Numbers and portability

Allocation of a number grants a right of use. A Customer requesting porting warrants that they are the holder of the number or duly authorised. Temporary interruption may occur during the process. Porting a number does not automatically terminate other contracts held with the previous provider.

34. Prohibited use

Prohibited uses include fraud, impersonation, unlawful spoofing, spam, malware distribution, cyberattacks, unauthorised resale, abusive SIM boxes, generation of artificial traffic and unauthorised access.

35. Suspension for other reasons

Independently of non-payment, hype SWISS may suspend a Service in cases including fraud, security risk, unlawful use, network harm, authority decision, urgent maintenance or serious breach of contract. In an emergency, suspension may be immediate.

36. Contract term

The applicable minimum term is the one clearly stated in the offer and order confirmation. Monthly billing describes the billing frequency and does not necessarily mean that the Service has no commitment period. If no minimum term is specifically agreed, the contract is concluded for an indefinite period.

37. Ordinary termination

A termination request must identify the Customer, Service, number or line and requested termination date. The effective date depends on the agreed minimum term and notice period.

38. Termination for good cause

Either party may terminate immediately for good cause where continuation of the contract cannot reasonably be required. Where the issue can be remedied, a reasonable cure period is granted before termination unless there is urgency, fraud, security risk or a legal requirement.

39. Changes to offers and terms

hype SWISS may prospectively adapt technologies, zones, Partners, prices, services and terms, in particular for legal, regulatory, tax, technical, security or cost-related reasons. Any materially adverse change is communicated as required by applicable law.

40. Data protection

Personal data processing is governed by the hype SWISS Privacy Policy and applicable law. The GDPR is complied with where its territorial and material scope applies.

41. Telecommunications secrecy

hype SWISS respects the confidentiality of telecommunications. Data may be processed or disclosed where required or permitted by law, including to provide and bill the Service, protect the network, prevent fraud or respond to a competent authority.

42. Liability

hype SWISS is liable for proven direct loss resulting from a culpable breach attributable to it. No limitation applies where prohibited by law, including in cases of wilful misconduct or gross negligence. To the extent legally permissible, indirect loss, loss of profit, opportunity or unsaved data may be excluded.

43. Force majeure

Neither party is liable for non-performance directly caused by an event reasonably beyond its control, including natural disaster, major fire, war, exceptional cyberattack, general outage, major cable break, authority decision, embargo, sanction or critical shortage.

44. Complaints and ombudscom

Any complaint must first be addressed to hype SWISS. Where the legal conditions are met, the Customer may then refer the dispute to ombudscom, the Swiss telecommunications conciliation body. Regulatory information on ombudscom is provided as prescribed.

45. European law where applicable

European Union law does not automatically apply to a Swiss contract. Any foreign mandatory provision remains reserved where its territorial and material requirements are met, in particular regarding consumer protection, pre-contract information, withdrawal rights, electronic communications, personal data, accessibility, unfair terms and portability.

46. Applicable law

These Terms are governed by substantive Swiss law, subject to applicable mandatory provisions and relevant international conventions.

47. Jurisdiction

For Business Customers, the courts at the registered office of hype SWISS in Geneva have jurisdiction, subject to any mandatory forum. For consumers, mandatory protective forums remain reserved.

48. Severability

If any provision is invalid, unlawful or unenforceable, the remaining provisions remain in force. To the extent legally possible, the affected provision is interpreted or adjusted to preserve its legal and economic purpose as closely as possible.

49. Languages

These Terms may be translated. For contracts concluded in Switzerland, the French version is the reference version, subject to any mandatory provision to the contrary.

50. Entry into force

These Mobile & Data Terms enter into force on their official publication date. They apply to new subscriptions concluded from that date. Application of a new version to existing contracts remains subject to the rules governing contractual amendments.

This English version is a courtesy translation. In case of discrepancy, the French version prevails.