Mobile Contract Terms and Conditions

BY ACCESSING THESE TERMS AND CONDITIONS YOU CONFIRM THAT YOU ARE AGREEING TO THEIR CONTENTS. IF YOU DO NOT ACCEPT OUR TERMS AND CONDITIONS, CONTACT US IMMEDIATELY.

PLEASE READ THESE TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS (the Conditions) CAREFULLY AS THEY SET OUT THE AGREEMENT BETWEEN YOU (the Customer) AND US (the Company) AND YOUR RIGHTS AND OBLIGATIONS.

INTERPRETATION

In these terms and conditions, the following terms shall have the following meanings: –
“Age Restricted Services”: any Services for use only by customers 18 or over.
“Company”: means the name of the Company provided for on the order form or Contract.
“Customer”: means the “Purchaser”, person, company or otherwise so named on the Order Form.
“Damage”: any accidental, sudden and unforeseen damage to the Handset caused by external means which affects the
operational functioning of the Handset.
“GSM Gateway”: any equipment containing a SIM card which enables the routing of calls from fixed apparatus to mobile
equipment by establishing a mobile to mobile call.
“Handset”: the device or mobile handset that is authorised by the Company for Connection to the network which is used to access Services.
“Item”: refers to any mobile phone equipment, accessory, promotional items and other goods supplied under this contract.
“Messaging Services”: any email, fax and voicemail Services, text message and multimedia messaging Services, personal information management and other message or communication facilities which let the Customer communicate with others.
“MNO”: the mobile network operator providing network services.
“Mobile phone equipment”: refers to any cellular telephone handset or device supplied under this contract.
“Order Form”: the document containing the Services to be delivered submitted by or signed on behalf of the Customer or any other agreement.
“Purchaser”: means the person or company so named on the Order Form. The Company reserves the right to deal with anyone reasonably appearing to the Company to be acting with the Customer’s authority or permission.
“SIM”: a card which contains the Customers phone number and enables the Customer to access Services.

In this document references to “Us”, “We” and “Online” shall mean the Company. References to “You”, “Your”, “User” and “Customer” shall mean the Customer entering into this agreement. References to “Both of us” or “the Parties” shall mean both Us and You.

1. GENERAL

1.1. These specific terms and conditions are to be read in conjunction with the general terms and conditions made available to the Customer. The Company has the right to amend these or the general terms and conditions at any time provided the Customer is informed following the changes.
1.2. In the event of a dispute between these and the general terms and conditions, these specific service related terms and conditions shall override in relation the specific clause.
1.3. It is the Customers responsibility to make sure the SIMs are only used to access Services as permitted in this agreement.
1.4. This agreement does not cover the supply of the Customer’s Handset. The manufacturers of Handsets are not related to the Company. Any terms (if in existence) relating to Handsets will be given to the Customer separately.
1.5. The Company are providing the Customer with Mobile Services using approved phones, SIMs and network resources provided by the Companies network provider, who procure elements from one or more (MNO).
1.6. The terms for Services only cover the terms on which the Customer may use the Services.
1.7. Services will be provided within the Companies network provider, or its MNO’s network area in the UK and by roaming on to other networks but it’s always possible that the quality or coverage may be affected at times.
1.8. Upon written notice to the Customer by the Network Provider all of the Company rights and obligations, including all accrued rights and obligations, under this Agreement will be assigned and transferred to the Network Provider or to its nominee.
1.9. SIMs will be supplied marked as property of the Network Provider.
1.10.The Company will carry out a credit check prior to acceptance of the Customer’s order.
1.11.Please be aware that any roaming charges are not always automatically be added to the Purchaser’s bill on the month that they have been incurred. The roaming charges will be added to the Purchaser’s bill once the Company has received notification of the charges from the MNO.

2. WHAT THE COMPANY WILL PROVIDE FOR THE CUSTOMER

2.1. The Company will open an account for the Customer and provide the Customer with a SIM and a phone number (and the Company may agree to provide the Customer with additional SIMs and phone numbers on the Customer’s request).
2.2. The Company’s network provider or its MNO owns each SIM and each SIM remains their property at all times. The Customer is being allowed to use the SIM by the Company on a limited licence to enable the Customer to access Services, in accordance with the terms of this agreement. The Company may recall the SIM(s) at any time for upgrades, modifications, misuse or when the Customer’s agreement ends. The Customer can only use the Companies SIM to obtain Services from the Company.
2.3. Each SIM may only be used in Handsets which are enabled for use of the Services and are authorised by the Company for Connection to the Companies network. Any attempt to use the SIM in other Handsets may result in serious damage to the Handset and may prevent the Customer from being able to use it, including the making of emergency calls. In these instances, the Company, the Companies network provider, or its MNO, are not responsible for any such damage or usage problems.
2.4. Handsets which can be used to access Services may be locked to the network. The software in the Handset and all intellectual property rights in that software is owned by the Handset manufacturer and the Customer are being allowed to use the software on a limited licence from the Handset manufacturer. During the term of the Customer’s Agreement for the supply of Services, the Customer must not permit the Handset to be unlocked via any unauthorised manner (i.e. by anyone other than the Company or the Handset manufacturer). The Customer must contact the Company if the Customer wants the Handset to be unlocked from the Companies network. If the Customer contacts the Company to request that the Handset be unlocked from the Companies network, the Company will arrange for the Handset to be unlocked in an authorised manner (which may include replacing the Handset with an unlocked Handset, which is the same or similar specification to the Handset and the Customer must pay an unlocking administration charge. In addition, the Customer must ensure that there are no outstanding amounts owing on the Customer’s account. Prior to the Company arranging for the Handset to be unlocked, the Customer must ensure that the Customer back-up or otherwise store separately any of the Customer’s information or other data on the Handset which the Customer may require, as this may be lost during the Handset unlocking process. The Company is not responsible for any information or any other data which may be lost during the Handset unlocking process. This clause will not apply to the Customer if the Customer has purchased the Customer’s SIM on a SIM-only basis.
2.5. The Company allows the Customer to set limits on the amount of spending. These will be agreed with you at the outset of the Contract.

3. SERVICES

3.1. Once the Customer is Connected, the Company will provide the Customer with access to the Company’s Services. The Services will include Premium Services, provided the Customer ask for them and the Company approve, and may also include Age Restricted Services, provided the Customer are 18 or over and the Customer does not show or send any content from the Age Restricted Services to anyone under 18.
3.2. The Customer will also be able to upload and send the Customer’s own content using the Services. The Customer grant the Company, the Companies network provider, or its MNO, a royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any content the Customer uploads on the Services.
3.3. The Company may:
3.3.1. change or withdraw some, or part, of the Services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content;
3.3.2. also determine how Services are presented and delivered to the Handset or are otherwise made available to the Customer. The Company can change the way they are presented, delivered or otherwise made available to the Customer at any time.

4. LIMITATION OF SERVICES

4.1. The Company will always try to make Services available to the Customer. However, Services are only available within the Companies coverage area (which comprises a video service area and a voice & picture area within the UK). Within this, there may be areas where the Customer does not have access to all Services or where coverage is otherwise limited or unavailable. For more information about coverage, visit the Company’s website.

5. DISRUPTION TO SERVICES

5.1. There may be situations when Services are not continuously available, or the quality is affected and so the Company cannot guarantee continuous fault-free service;
For instance:
5.1.1. when the Company, the Companies network provider, or its MNO need to perform upgrading, maintenance or other
5.1.2. work on the network or Services;
5.1.3. when the Customer move outside the Companies video service area whilst the Customer are on a call (in this case calls may not be maintained);
5.1.4. when the Customer are in areas not covered by the Companies network. In these cases Services rely on other operators’ networks where the Company have no control; and
5.1.5. because of other factors outside the Companies control, such as the features or functionality of the Customer’s Handset, regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.

6. SECURE THE PIN, PASSWORDS AND SIM

6.1. The Companies network provider or its MNO owns the SIM and it remains their property at all times, the Customer must ensure that the Customer keep the SIM safe and secure whilst it is in the Customer’s possession and the Customer must ensure that the Customer are able to return it to the Company, if required to do so by the Company at any time, as set out in these terms. There will be a charge for any replacement SIM, unless, it is defective through faulty design or workmanship.
6.2. The Customer must keep all PINs and passwords secure and confidential. The Customer are also responsible for the security of the Customer’s Handset and must ensure that the Customer keep it secure (refer to the Handset manufacturer’s user guide for details of how to keep the Handset secure).
6.3. The Customer should immediately change the Customer’s PIN or password if the Customer becomes aware that someone is accessing Services on their account without their permission.

7. INTELLECTUAL PROPERTY

7.1. All rights, including copyright in Services and their content, belong to the Company, the Companies network provider, its MNO, or the Companies licensed source, such as a content provider.
7.2. All trademarks, other related images, logos and names on the Services are proprietary marks of the companies they are registered to. The Company and the above reserve all the Companies and their rights.

8. SUSPENSION OF SERVICES

8.1. The Company may suspend any or all of the Services the Customer use with or without notice provided the suspension is not unreasonable and under the general terms and conditions or if:
8.1.1. the Company believe the Handset or SIM has been lost or stolen;
8.1.2. the Company reasonably believe that the Customer has used Services, the SIM(s) or a phone number for illegal or
8.1.3. improper purposes in contravention of the Companies responsible use requirements in Section 4 above;
8.1.4. the Company reasonably believe the Customer have permitted the Handset to be unlocked via any unauthorised manner and/or have not paid any relevant charges due;
8.1.5. the Customer fails to pay charges by the payment date or exceeds credit limit.
8.2. The Company may turn off the Customer’s Messaging Services if they are inactive for an extended period of time – the Company will let the Customer know before this happens. If the Company do turn off the Customer’s Messaging Services the Company will have no obligation to maintain any of the content in the Customer’s Messaging Services, or to forward any unopened or unsent messages to the Customer, or anyone else.
8.3. If the Company suspends any or all of the Customer’s Services, the Customer will still be able to make emergency calls (unless they have been suspended at the request of the emergency services).
8.4. If the Customer’s Services are suspended, the Company may agree to re-Connect the Customer if the Customer asks the Company to do so and there may be a re-Connection Charge for this.

9. EFFECT OF THIS AGREEMENT ENDING

9.1. If this agreement ends, the Company will close the Customer’s account and Disconnect the Customer and the Customer will not be able to use Services or make emergency calls.
9.2. The Customer must immediately pay all Charges the Customer owes up to the date the agreement ends. If the Company ends the agreement due to the Customers conduct, the Charges will include a Cancellation Fee.
9.3. if the Customer ends the Customer’s agreement within the Minimum Term all charges owed to the end of the Minimum Term will become payable, together with a Cancellation Fee (i.e. – 5 months remaining before end of minimum term = 5 months of line rental charges together with any other relevant charges)

10. LIABILITY

10.1.Unless otherwise stated the company makes no warranty in respect of the supply of any Equipment and/or mobile network services and all other warranties which by reason of statute or other direction, regulation or governmental authority may be implied into a contract for the supply of the equipment and/or mobile network services are hereby excluded to the fullest extent possible, save for, and to the extent of, those warranties which cannot lawfully be excluded. If the Customer is a consumer, this shall be without prejudice to its statutory rights.

11. SERVICES – AREA WHERE THE COMPANY HAVE NO RESPONSIBILITY

11.1.The Company will try to ensure the accuracy, quality and timely delivery of Services. However:
11.1.1.the Company, the Companies network operator and its MNO, accept no responsibility for any use of, or reliance on, Services or their content, or for any disruptions to, or any failures or delays in, Services. This includes, without limitation, any alert Services or virus detection Services; and
11.1.2.the Company, the Companies network operator and its MNO, do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of Services or their content. They are provided to the Customer on an ‘as is’ basis; and
11.1.3.the Company, the Companies network operator and its MNO, are not providing the Customer with advice of any kind (including without limitation investment or medical advice). Where Services contain investment information, the Company does not make invitations or offer inducements to enter into any investment agreements.
11.2.The Company, the Companies network operator and its MNO, will not be liable:
11.2.1.for any loss the Customer may incur as a result of someone using the Customer’s PINs or passwords, with, or without, the Customers knowledge; or
11.2.2.if the Company or the Customer cannot carry out the Companies duties, or provide Services, because of something beyond the Companies control.

12. OTHERS’ CONTENT AND SERVICES

12.1.The Customer may be able to use Services:
12.1.1.to upload, email or transmit content using Services; and
12.1.2.to access content which is branded or provided by others and to acquire goods and services from others. Where the Company provides the Customer with such access, all the Company do is transmit the content to the Customer and the Company does not prepare or exercise control over the content, goods or services. The Company and the Companies network operator are not responsible or liable in any way for, and do not endorse, any of this content, goods or services.

13. PRIVACY NOTICE AND THE CUSTOMERS INFORMATION

13.1.The Company may pass and share the Customer’s information and user’s personal information to the Companies network provider, or it’s MNO, other communications service providers and network operators for the detection and prevention of theft and fraud, and to carry out any activities or disclosures to comply with any regulatory, government or legal requirement.
13.2.If the Customer use Services from a country outside the UK it may be necessary to transfer the Customer’s information to that country. If that country is outside of the EEA, the treatment of the Customers personal information may be subject to laws and regulations applying in that country and which may not protect the Customers information to the same standards applying in the UK and the EEA.
13.3.The Customer must keep any passwords and PIN numbers relating to the Customer’s account and the Services safe and secure. The Customer must not share them with anyone else. If the Customer find or suspect that anyone else knows the Customer’s passwords or PIN numbers, or can guess them, the Customer must contact the Company immediately and ask the Company to change them. This is the Customer’s responsibility.

14. OTHER TERMS

14.1.If the Customer, or the Company, or the Companies network provider, or its MNO, delay, or do not take action to enforce the Companies respective rights under this agreement, this does not stop the Customer, or the Company or other, from taking action later.
14.2.In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case the Company may have to change the Customer’s phone number for Services.

15. THIRD PARTY RIGHTS

15.1.This agreement is entered into by the Company for the benefit of the Company, the Companies network provider, and its MNO.
15.2.For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is intended that the Companies network provider the Network Provider and its MNO will have the right to enforce any rights conferred on it under this agreement and to that extent the Network Provider and its MNO will have the same rights against the Customer as would be available if they were a party to this agreement.
15.3.A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, save that the Network Provider or its nominee may enforce any term of this contract directly against the Customer.

16. GSM GATEWAYS AND VOIP

16.1.The Customer shall not connect any GSM Gateway to the network for illegal purposes including the unlawful provision of electronic communication services (as defined in the Communications Act 2003) to a third party or which is not compliant with any relevant laws or the MNO’s commercial policy. The Customer shall not use the Services for the purposes of Voice-over-Internet-Protocol service or similar service, unless otherwise agreed in writing by the Company.

17. MOBILE PHONE EQUIPMENT OFFER

17.1.All offers made by the Company for mobile phone equipment are limited period offers subject to availability and status. Offers may be changed or withdrawn at any time.

18. OWNERSHIP

18.1.Ownership of the item will not pass to the Customer until such time as the Company has received payment of the purchase price in full. In the case of mobile phone equipment offers, ownership shall not pass until the Customer have fulfilled the Minimum Term of the airtime contract.
18.2.If the Customer terminate the airtime contract before the Minimum Term has been satisfied, the Customer will be responsible for repaying the Company the original SIM free retail price of the mobile phone equipment at the date of the Customers original connection.

19. DELIVERY

19.1.Delivery of mobile phone equipment and other items will be made to an address in mainland UK only.

20. WARRANTY REPLACEMENT / REPAIR

20.1.If the Customer believes that the Handset or mobile phone equipment is faulty within 28 days, the Company will make arrangements under the manufacturer’s warranty, to repair the said item.
20.2.If this is not possible the Company may replace the handset with a new one of the same model and specification.
20.3.If an identical handset is not available the Company will contact the Customer to discuss the options.
20.4.If the Customer’s handset becomes faulty after 28 days please contact the Company to arrange for the handset to be repaired by the manufacturer.
20.5.The repair process can take up to 4 weeks and the Company has no control over the manufacturer’s repair process. At their discretion and subject to their terms and conditions, the administrators of any insurance policy the Customer may have taken out on the handset may be able to arrange replacement. the Company has no power over insurance providers whether network or third party.
20.6.Damage found to be caused by liquid or user fault will be chargeable. If the fault found is to be chargeable, the Company will contact the Customer to agree the costs before proceeding with the repair. A diagnostic charge may apply.

21. LOAN HANDSET OR DEVICE

21.1.Upon request and at the Companies discretion, the Company may offer the Customer a loan handset (this may not be the same specification as the original handset) if the Customers is required to be returned for an in-warranty repair. These Loan Phones are inspected before dispatch and are offered under the following conditions:
21.1.1.Failure to return the handset within the agreed loan period will incur a £400.00 charge.
21.1.2.Purely cosmetic damage will incur a minimum charge of £150.00.
21.1.3.Mechanical, electronic or other functional damage will incur a cost equivalent to the cost of repair plus £50.00.
21.2.The Company make no claims as to the operation of the loan phone and will not be responsible for any damage, loss (including earnings of profit) or inconvenience caused by non-delivery or failure to work.
21.3.The Customer is responsible for the safe return of the handset (including all components and packaging), under penalty of the above charges.

22. 14-DAY GUARANTEE

22.1.The Customer has 14 days from the date of the Customer’s order of the mobile phone equipment to cancel the Customers contract (this is not applicable to Orange connections). This excludes upgrades.
22.2.To cancel the contract the Customer must notify the Company of their wish to cancel in writing under the terms of the signed terms and conditions. The Customer must then return the mobile phone equipment and any accessories and free promotional items given away with the mobile phone equipment within the 14-day period. The cost of returning these goods is the Customer’s responsibility; the Company suggest the Customer use registered post or a courier with insurance.
22.3.Upon safe return of the mobile phone equipment in its original condition within the 14-day period, the airtime agreement will be cancelled. The Customer will be charged for any calls the Customer has made during the time that the Customer have had the mobile phone equipment; along with line rental pro-rata for any period the Customer have made use of the mobile phone equipment.
22.4.If any item is not returned to the Company in its original condition the Company reserve the right to charge the Customer for the reduction in the resale value caused directly as a result of not being returned in its original condition. This charge will be up to a maximum charge of the original retail list price for the item excluding all offers, discounts and promotions at the date of the Customers original order.
22.5.Upon safe return of the mobile phone equipment, or the relevant item, in its original condition, the Company will remit the Customer a full refund. If the Customer does not cancel this contract within the 14-day period the Customer will be subject to the minimum term airtime contract agreed with the network.

23. TARIFF CHANGES

23.1.All new connections may be subject to additional charges should the customer change to a lower monthly tariff within the first 4 months of a new airtime contract.
23.2.The additional costs will be based on the difference between the original handset price charges and the cost of the handset with lower monthly tariff. Customer must ensure they choose the correct tariff to avoid these penalties that are imposed on the Company by the network providers.
23.3.Changing to a higher monthly tariff, however, could incur additional charges. Additional charges will always be avoided where possible. Please feel free to call the Company if the Customer requires more information.

24. UPGRADES

24.1.Please note that by upgrading the Customer’s handset the Customer is committed to a new Minimum Term airtime contract with the Customers mobile network. The Company cannot offer a 14-day money back guarantee with upgrades.

25. MOBILE NUMBER PORTING

25.1.The Company can offer to port the Customer’s existing mobile phone number if the Customer is connecting to a different phone network and can provide the Company with an active PAC code from the Customer’s existing network.
25.2.The Company cannot be held liable for any consequential loss resulting from a mobile number port failure. The Customer must notify the Company of any problems within 14 days of the Customers connection. the Company will not be held responsible for the cancellation of previous contracts, PAC charges, or expiration of PACs.

26. LINE RENTAL SUBSIDY / TERMINATIONS / HARDWARE FUND

26.1.The Customer must provide the Company with a VAT invoice for any line rental subsidy/termination costs that have been agreed, within 30 days of connection. Payment will be made, subject to authorisation, at the end of the month following 120 days from the connection date, less a contra charge of any amount outstanding to the Company.
26.2.If the Company has agreed to provide a hardware fund subsidy, this will be raised as a credit note on the Customers sales ledger account on the last day of the month following the Customers month of connection. Goods purchased will be invoiced at the agreed price until the Customers credit is spent. At that point all costs not covered by the fund will revert to the ‘Payment’ section of the Companies conditions.
26.3.Any credit remaining on the account 3 months after the Minimum Term airtime contract has been completed will be made null and void and the Company will not make a payment for any credit balance due on the account.
26.4.The Company reserve the right to withhold payment for any credit balance due if; the phone is disconnected; the tariff is changed; the Customer have failed to pay the network or the Company; the phone is showing no or minimal usage, the Company have not been paid the commission. the Company retains the right to claw back any line rental subsidy, termination costs or hardware fund that has been paid.

27. DATA PROTECTION

27.1.The Customer agree that the Company may provide the Customer’s personal data to the Network Provider and that the Company and the Companies network provider, or its MNO, can process the Customer’s organisation’s information and users personal data, which the Company collect or which the Customer submit to the Company during any sales or registration process, for a number of purposes, including to open and manage an account for Services, to deliver products and services ordered by the Customer, for security and emergency service support, for credit checking and fraud prevention, and for product analysis and direct marketing.

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