Network terms and conditions
Terms by Network:
T-Mobile Contract Terms & Conditions
The legal terms you need to know about your pay monthly telephone service.
Version May 2009.
Here are some key points which We’d like to draw to Your attention:
1. Minimum Term. You will be a party to this Agreement for at least the Minimum Term agreed with You.
2. Terminating this Agreement. You can phone Us and give 30 days’ notice to terminate this entire Agreement with effect from the end of (or after) the Minimum Term. You may have to pay a Cancellation Charge, totalling the rest of the Monthly Charges for the remainder of the Minimum Term, less 4%. (See points 7.2 and 7.3 of these terms and conditions.)
3. Breaking this Agreement. There are instances in which, because of something You do or do not do, We can suspend or disconnect You from the Services and/or terminate this Agreement. You may have to pay Us a Cancellation Charge as a result. (See points 3.4, 4.4.5, 6.1.2 and 7.3 of these terms and conditions.)
4. Additional charges. You may have to pay additional Charges, for example, the Separate Payment Handling Charge; or the Charge if You pay Your bill late; or the Charge if You wish to have Your Account restored following suspension; or the Charge for a paper or an itemised paper bill; or the Charge if You try to pay Your bill and the payment fails. (See points 4.4.4 and 4.4.7 of these terms and conditions.)
5. Upgrades and Renewals. We don't have to provide You with an Upgrade or Renewal. If You accept an Upgrade or Renewal then a new Minimum Term will be agreed with You. (See points 2.5 and 2.6 of these terms and conditions.)
6. Billing. We will make a bill available to You each month. This may be by post or electronically, at our choosing. You must pay it by the date set out on it to ensure continued access to the Service. (See point 4 of these terms and conditions.)
7. Lost or Stolen phones. If either Your phone or SIM Card are lost or stolen, please call customer services at once. You will have to pay for any Charges incurred on Your Account before You told Us. (See points 2.9.1 and 4.6 of these terms and conditions.)
8. Our Network. We will try to provide a high-quality Network to You at all times. However, We cannot guarantee that We will always be able to provide Network coverage. (See points 3.1 and 3.2 of these terms and conditions.)
9. Credit Limits. We can set and change credit limits for Charges. If You go over Your credit limit, Your Service may be suspended. (See point 2.10 of these terms and conditions.)
10. Changes to the Service and Charges. We will give You Written Notice of some changes to the Services or Charges before those changes take place. (See point 7.1 of these terms and conditions.)
11. Our liability to You. There are certain circumstances in which our liability to You is limited or excluded. (See point 5 of these terms and conditions.)
12. These key facts. Remember that We’ve set out some of the key points of the Agreement between You and Us. They aren’t a substitute for what the main Agreement says, and if there’s a clash between what the main Agreement and what these key points say, then what the Agreement says is right.
1. Definitions When We use these words they have the following meanings:
‘Account’ together Your Monthly Account and any Pay as You Go Account that You may have with Us;
‘Additional Service’ an optional/extra Service which can be added to Your Account, the Charges and terms and conditions for which are set out in Our “What It Costs (Non Standard Charges)” booklet and Our customer literature;
‘Agreement’ these terms and conditions between You and Us for the use of the SIM Card to access the Services, together with the “What It Costs” booklets of Charges referred to throughout;
‘Allowance’ the amount and type of Services which may be provided as part of Your Price Plan Services or as part of any Additional Service;
‘Cancellation Charge’ the Charge which totals the rest of the Monthly Charges for the remainder of the Minimum Term, discounted by 4%;
‘Charge’ the Price Plan Charge, a charge for an Additional Service and any other additional charge including the Separate Payment Handling Charge;
‘Consumer’ a real person entering into the Agreement and/or using the Services for purposes outside his/her business;
‘Content’ all information whether textual, visual, audio or otherwise, appearing on or available on a one-off payment basis through the Services supplied by Us including by way of example only, a ringtone;
‘Equipment’ any equipment that You use to access the Services;
‘Minimum Term’ the minimum amount of time that You have promised to pay Us the Monthly Charge;
‘Monthly Account’ the account for which You are billed each month;
'Monthly Charge’ the amount that You pay each month in advance for Your Price Plan Service;
‘Network’ the communications system which is used to provide the Services and any other type of communications system which may be provided by Us now or in the future;
‘OFCOM’ The Office of Communications that regulates the telecommunications industry, including Us;
‘Pay As You Go Account’ the account in which We record Your credits and Charges for Services paid for in advance (for customers whose Price Plan allows) apart from the Monthly Charge;
‘Payment Terms’ the terms by which We manage Your Account and the ways You pay the Charges including any credit limit applied to Your Account;
‘Portal’ the exclusive selection of Content indicated to be available from Us and/or Our partners which You can access from the Equipment using wireless application protocol technology and/or by using the mobile internet;
‘Price Plan’ the bundle of Services including any Allowance provided to You by Us each month in exchange for Your payment of the Price Plan Charge;
'Price Plan Charge' the charge for the Price Plan Service, which comprises the Monthly Charge for the Price Plan and the charges for a Service once any Allowance is used up, the charges and terms and conditions for which are set out in the “What it Costs” booklet for that Price Plan;
‘Price Plan Service’ the inclusive Service supplied with Your Price Plan, the charges and terms and conditions for which are set out in the ”What It Costs” booklet for that Price Plan;
'Renewing', 'Renewal' entering into a new Minimum Term in return for a benefit other than the supply of new Equipment at or after the expiry of Your existing Minimum Term (or at any other time with Our express consent);
‘Roaming’ using Your SIM Card to connect to another network whilst You are outside the UK;
‘Separate Payment Handling Charge’ the charge for the processing by Us of payments made by means other than by direct debit or bank automated clearance system. The charge is applied according to how Your last bill was paid. The charge for the Services remains the same, irrespective of the payment method used;
‘Service’ a service provided to You by Us including the Price Plan Service and any Additional Service;
‘SIM Card’ the card or cards provided under this Agreement and used with Equipment to get Services;
'Upgrading', ‘Upgrade’ entering into a new Minimum Term in return for the supply of new Equipment (whether free of charge or on payment by You) at or after the expiry of Your existing Minimum Term (or at any other time with Our express consent);
‘You’ and ‘Your’ the customer who is a party to this Agreement;
‘UK’ the United Kingdom of Great Britain and Northern Ireland;
‘VAT’ value added tax at the prevailing rate;
‘Virus’ any manipulating program which modifies other programs and/or replicates itself;
‘We’, ‘Us’ and ‘Our’ T-Mobile (UK) Limited trading as T-Mobile;
'Written Notice' sending You either: (1) an electronic message to Your SIM Card which may contain a cross reference to Our website for further information; or (2) a letter to Your postal address; or (3) an email to the email address that You have registered with Us. Each will tell You that a change is going to happen and what that change is. Our website, letter or email will contain an explanation of why the change is happening and provide You with any relevant before and after information. For changes to Additional Services that are Content accessed through the Portal, unless We send You anything, by stating clearly on the Portal what change will be made to Content available there.2. Our Agreement
2.1. This Agreement starts when We accept Your request for Services. We will open an Account in Your name and apply Charges to it.
2.2. If We reject Your request but You incur Charges, We can recover those Charges from You.
2.3. We will connect You to the Services as soon as We can.
2.4. At the end of the Minimum Term this Agreement will continue until terminated.
2.5. If You are Renewing or Upgrading the following terms apply to You:
2.5.1. Unless We agree otherwise, a new Minimum Term will apply. Once that Minimum Term is over this Agreement will continue until terminated.
2.5.2. Your new Minimum Term will start from the date that We process Your Upgrade or Renewal.
2.6. We don't have to provide You with a Renewal or Upgrade.
2.7. We don’t have to allow You to change Price Plan.
2.8. If You already have an Account with Us, any additional SIM Card that You request will be added to that Account. For the avoidance of doubt, if You have more than one SIM Card, each SIM Card may provide You with Services which are subject to a separate Minimum Term and therefore Agreement, with Us. As a result, the Minimum Term that applies to each SIM Card may not begin and end at the same time.
2.9. The following terms apply to SIM Cards:
2.9.1. if a SIM Card is lost, stolen or damaged, You should call customer services for a new one (see point 4.6). We may charge for a replacement.
2.9.2. We own the SIM Card and license You to use the telephone number associated with it. You can only use a SIM Card to use the Services.
2.9.3. We can change a SIM Card’s phone number(s) if We have a good reason, for instance, a legal reason or where We are required to do so by OFCOM or any other regulatory body. We will endeavour to give You 30 days’ Written Notice if We have to do this. The new phone number will apply to Your SIM Card once any notice period that We are able to give You has run out.
2.10. We may set and change credit limits for Charges. We can suspend Your access to the Services if Your limit is exceeded. Charges are not capped by any limit We set as some Charges, for example international and Roaming call charges, may not be recorded against Your Account immediately, and the Charges incurred could therefore exceed Your credit limit before Your Account is suspended.
2.11. We will make a copy of Our current version of these terms and conditions available on Our website. We can change these terms and conditions for any good reason, for instance, if We want all customers on the same conditions. We will tell You about the change beforehand, as explained here.
2.11.1. If You are a Consumer and the change of terms and conditions is not of material detriment to You or You are not a Consumer, We will send You Written Notice 30 days before the terms and conditions are due to change. The new terms and conditions will automatically apply to You once that notice has run out.
2.11.2. If You are a Consumer and the change is of material detriment to You, We will send You Written Notice 30 days before the terms and conditions are due to change. The new terms and conditions will apply to You once that notice has run out, unless You terminate Your Agreement with Us within that notice period. If You do this You won’t have to pay any Cancellation Charge that would otherwise apply, see point 7.2.3.2.
2.11.3. We can change these terms and conditions if new laws or rules make it necessary or where We are required to do so by OFCOM or any other regulatory body. We will endeavour to give You 30 days’ Written Notice if We have to do this. The new terms and conditions will automatically apply to You once any notice period that We are able to give You has run out.
2.12. If You promise to pay Us a monthly Charge for an Additional Service for a minimum period of time, these points apply to each Additional Service:
2.12.1. the Charges and terms and conditions for that Additional Service may be set out either in Our “What it Costs (Non Standard Charges)” booklet or in a separate “What it Costs” booklet for that Additional Service;
2.12.2. We don’t have to allow You to change that Additional Service for a different one;
2.12.3. unless We tell You otherwise, You can only receive that Additional Service if You also receive Price Plan Services. The minimum period that You have agreed to for that Additional Service may not always begin and end at the same time as the Minimum Term;
2.12.4. We can suspend, change or withdraw that Additional Service as set out in point 7.1.3 below;
2.12.5. You can call Us to give Us 30 days’ notice to terminate that Additional Service to take effect on or after the end of the minimum period that applies to that Additional Service. However (except as set out in point 2.12.6 below) if, in Our total discretion, We accept notice from You to terminate that Additional Service within its minimum period, You will have to pay Us a Charge totalling the rest of the monthly Charges for that Additional Service for the rest of the minimum period, discounted by 4%. You can terminate that Additional Service without having to pay Us that Charge after the minimum period that applies to it has ended;
2.12.6. We can increase the Charge for that Additional Service as set out in point 7.1.4. If that happens, points 7.2.3.2 and 7.2.3.3 will also apply to You, so that You can give Us notice to terminate that Additional Service with a minimum period without paying the Charge described in point 2.12.5 above. However, if You also give Us notice to terminate this entire Agreement as described in point 7.2.1, then You may have to pay a Cancellation Charge; and
2.12.7. if You or We terminate Your Price Plan and therefore this Agreement, any Additional Services with a minimum period will automatically be terminated too. The Charge described in point 2.12.5 above may then apply to that Additional Service unless point 7.2.3 below applies.
3. Our Services
3.1. We will always try to make the Services available to You but sometimes they may be unavailable as a result of, or be affected by:
3.1.1. things like the weather and faults in other networks; or
3.1.2. degradation, congestion or maintenance requirements of the Network including (but not only) re-positioning and/or decommissioning of base stations.
3.2. At any time Our Network comprises lots of different types of technologies. The Services are made available provided You are in range of base stations forming part of the relevant technological Network when trying to use any particular Service. For example, You can only use 3G Services when You are in range of a 3G base station. You may have to connect to a particular Price Plan and/or use particular Equipment to gain access to certain Services.
3.3. The Services are made available provided that You also comply with the following conditions, which are a fundamental part of this Agreement between You and Us:
3.3.1. The Services are not used for anything unlawful, immoral or improper;
3.3.2. The Services are not used to make offensive or nuisance communications in whatever form, or to make or receive reverse charge calls;
3.3.3. The Services are only used with Equipment approved for use with the Network and all relevant laws and rules are followed;
3.3.4. The Services are not used to send, receive, upload, download or otherwise facilitate any material which is offensive, indecent, defamatory, of a menacing nature, a nuisance, a breach of privacy, an infringement of copyright or any other intellectual property right or otherwise unlawful;
3.3.5. The Services are not used to access or use Content in a way that infringes the rights of others;
3.3.6. The Services are not used otherwise than in accordance with Our and any other networks’ policies for acceptable use, and (if appropriate) any relevant internet standards;
3.3.7. You give Us information We reasonably ask for;
3.3.8. All reasonable instructions We give You are followed;
3.3.9. You comply with any fair use policy applicable to Your use of the Services and if You are in breach of that policy You comply with any reasonable instructions that We issue to You to enable You to remedy that breach and to continue to use the Services;
3.3.10. The Services are not to be used to gain access to the services of a third party voice over internet protocol calling provider unless permitted by the terms and conditions of Your Price Plan;
3.3.11. You must not operate, whether directly or through a third party, any device to route or re-route voice, data or other Services on, from or to the Network without Our express prior written consent;
3.3.12. You must not sell or attempt to sell or otherwise provide commercial services using Our Network to any third party without Our express prior written consent;
3.3.13. You, or anyone who uses Your SIM Card, must not damage the Network or put the Network at risk, or abuse or threaten Our staff;
3.3.14. Any information You give to Us, on which We may rely in making decisions concerning the provision of Services under this Agreement, must be true at the time You give it;
3.3.15. You must give Us any deposit or extra deposit that We ask for; and
3.3.16. You comply with any requirement of Ours to set up an online account for billing purposes (see point 4.4.3).
3.4. Any failure to comply with any of the points in point 3.3 will entitle Us to suspend or disconnect the SIM Card from the Network. We will also be entitled to terminate this Agreement and You may have to pay a Cancellation Charge.
3.5. By using the Services You consent to Us copying and/or modifying images or information You have created where such copying and/or modification is carried out for the purposes of transmission. This also applies where You use the Portal.
3.6. If You access the Services on or near the border of the Network and the network of any third party, You agree that You may not be able to access the Network but may instead be connected to the network of one of Our Roaming partners. Calls that You make will then be charged as if You were Roaming and those calls will not come out of any Allowance (unless the relevant “What It Costs” states otherwise).
3.7. Allowances which include (or Charges which are for) calling a UK mobile number will exclude calls to the numbers or customers of networks which are not a UK national cellular mobile operator network. Networks in the Isle of Man and the Channel Islands are not UK national networks. Please refer to Our “What It Costs (Non Standard Charges)” booklet for details.
3.8. We’ll use Our reasonable efforts to make commercial arrangements to enable You to access other networks so that You can use the Services whilst Roaming. We can’t guarantee the quality and coverage that any other network may provide. Additional Charges for Roaming are set out in Our “What It Costs (Non Standard Charges)” booklet. You may have to ask Us to set up Your Account for Roaming.
4. What and how You pay
4.1. Our Charges are set out in Our booklets of charges, called “What It Costs”. We update these booklets from time to time. You can obtain up to date copies by calling customer services or referring to Our website.
4.2. All Our Charges are exclusive of VAT. You shall pay an amount inclusive of any VAT.
4.3. You may pay Charges in two different ways. You will pay for certain Services as a Monthly Account and You may pay for other Services as a Pay As You Go Account.
4.4. Monthly Account
4.4.1. We will make the bill for Your Monthly Account available to You every month by a method of Our choosing, currently post or electronic means. You must pay Your bill by the date set out on it. Additional Services may be charged in arrears or in advance, as set out in Our “What It Costs (Non Standard Charges)” booklet. Other Charges are for the month just passed and any earlier time if not previously charged for.
4.4.2. If You receive Your bill by post, We will make the bill available to You by sending the bill to the postal address that You registered with Us when You joined or, if You have notified Us of a change in postal address, to that new postal address.
4.4.3. If You receive Your bill electronically, We will make the bill available to You through an online account. It’s Your responsibility to set up Your online account. Your online account will tell You the date that Your bill is to be made available to You each month. In addition to this, You can ask Us to send You a monthly notification that Your bill is ready to be viewed. That notification may be by sending a message to Your SIM Card or by sending an email to the email address that You provide.
4.4.4. If You have not paid all or part of Your bill by the date set out on it You may have to pay a late payment Charge. We won’t ask You to pay this Charge if You make a part payment as described in point 4.4.5.2 below. You will also have to pay the reasonable costs (including debt collection agency costs) of collecting any late payment from You.
4.4.5. If You don’t pay a bill by the date set out on it You will have broken an important condition which is a fundamental part of this Agreement between You and Us and this will entitle Us to suspend Your SIM Card from the Network and/or terminate this Agreement immediately and charge You a Cancellation Charge except where:
4.4.5.1. You have a genuine dispute with Us; and
4.4.5.2. Before the date by which Your bill must be paid, You have written (see point 9.6) to Us setting out the details of Your dispute, including the amount of Your claim against Us and the amount You intend to withhold as disputed. If the amount You intend to withhold is less than the total amount You owe Us then You must pay the difference by the date set out on the bill. If You don’t, then We can terminate this Agreement immediately.
4.4.6. Our rights set out in here are in addition to any other legal rights We may have against You.
4.4.7. You may have to pay additional Charges, the amount of which is set out in Our “What it Costs (Non Standard Charges)” booklet, for example: the Separate Payment Handling Charge; or the Charge to reconnect You to the Services (see point 6.3); or the Charge for a paper or paper itemised bill; or the Charge if You try to pay Your bill and that payment fails (see point 4.4.4).
4.5. Pay As You Go Account
4.5.1. We may allow You to pay for some Services in advance on a pay as you go basis. When You top up with pay as you go credit, We will apply credits to Your Pay As You Go Account, and deduct Charges from that credit for those Services You pay for using this Account. We will deduct Charges from that credit at Your Price Plan Charges rate but in accordance with these Pay As You Go Account conditions.
4.5.2. We reserve the right to use credit balances from Your Pay As You Go Account to offset any amount You may owe Us for Services You pay in arrears. Pay as you go balances will only be applied against Your Monthly Account where Your Monthly Account is put into suspension for non payment, or in accordance with point 4.8.
4.5.3. As Charges are incurred they will be deducted from amounts credited against Your Pay As You Go Account. Charges are deducted at the time that You use a Service for which there is a Charge. If You have selected Additional Services with a periodic service Charge, the Charge will be deducted at the time(s) and for the period(s) set out in Our “What It Costs (Non Standard Charges)” booklet. You are responsible for all Charges correctly deducted in accordance with this point.
4.5.4. If, at the time We attempt to deduct a periodic Charge from Your Pay As You Go Account, You do not have enough credit on Your Pay As You Go Account to pay that Charge, that Charge will fail and You will not be able to use the Service for which We were attempting to Charge You.
4.5.5. When all credits on Your Pay As You Go Account have been used You will not be able to make further use of those Services which You have chosen to pay for as you go until a further sufficient credit is made to Your Pay As You Go Account. You will still be able to use those Services for which unused Allowances apply. You will also be able to make calls to the emergency services and to Us whilst Your SIM Card is connected to the Network. You may still receive calls and text messages (except for any reverse billed Services) whilst Your SIM Card is connected to the Network.
4.5.6. You must also have sufficient credit on Your Pay As You Go Account to enable You to make a call of one minute’s duration, to send (or receive) the Service in question or to send or receive a minimum of 24 kilobytes of data. Minimum balances reserved for the first Service activated will not be available for any subsequently activated yet concurrently used Service. Services used simultaneously will be charged for simultaneously. We will not pay interest on top up credit held on Your Pay As You Go Account.
4.5.7. We will not refund pay as you go credit in any circumstances except as set out in point 7.2.4 below.
4.6. You are responsible for all Charges applied to Your Account, except Charges applied after You called customer services to advise that Your SIM Card has been lost or stolen (see point 2.9.1).
4.7. We can change Payment Terms for any good reason, for instance, if You do not pay a bill by the date set out on it. We may not be able to tell You before We do.
4.8. You shall be required to pay a deposit (or an extra deposit) as security for the Charges if We have a good reason to require it, for example, if We raise Your credit limit. We can keep the deposit until the Agreement ends. We will return it when You pay Us everything You owe. We will not pay interest on deposits. We can use Your deposit to pay what You owe except where You have followed the process for disputed Charges outlined at point 4.4.5 above. If You don’t pay the undisputed amount by the date of Your bill or tell Us not to use any deposit to pay the disputed amount, then We will use any deposit and/or any pay as you go credit balance to pay the disputed sum.
4.9. Charges for Services You have used may be applied against Your applicable Allowance(s) on the date that We process them, which may be later than the date that You used those Services and may be applied against Your next periodic Allowance.
4.10. We may use credit reference agencies to help Us make credit decisions or for fraud protection. You agree that We may register information about You and the conduct of Your Account with any credit reference agency. For the purpose of fraud prevention and credit management, information about You and the conduct of Your Account may be disclosed to financial institutions and other phone companies. Such information may also be passed to debt collection agencies for debt collection purposes.
4.11. You may be able to use the Service to buy goods and/or services from third parties. You may be able to pay for that through Your Monthly Account or Your Pay As You Go Account. It is Your decision whether or not to enter into a legal relationship with that third party, who You may not have heard of or bought from before. If You do buy from a third party using the Service, unless We say otherwise, You will have a direct relationship with that third party even if You pay for the goods and/or services with Your Account. As We will not be a party to that agreement between You and that third party, We won’t be in any way responsible for any loss or damage You may suffer because of Your contract with that third party.
5. Our Liability to You
5.1. We are only liable to You as set out in this Agreement. We have no other duty or liability to You.
5.2. Nothing in this Agreement removes or limits Our liability for death or personal injury caused by something We have done or failed to do or for any fraudulent misrepresentation We may have made to You.
5.3. Except as set out in points 5.1 and 5.2, Our total liability to You for something We or anyone who works for Us does or does not do will be limited to £3,000 for each SIM Card for one incident or £6,000 for each SIM Card for a number of incidents within any 12 month period.
5.4. If You are not a Consumer, We are not liable to You in any way for any loss or damage that was not reasonably foreseeable at the time You entered this Agreement. This includes but is not limited to loss of income; business; anticipated savings (meaning costs You expected to avoid by using Equipment or Services) or anticipated profits, loss of property or loss of use of property.
5.5. If You are a Consumer, We are not liable to You in any way for any loss of income; business or profits; or for any loss or damage that was not reasonably foreseeable at the time You entered this Agreement.
5.6. You must tell Us about any claim as soon as reasonably possible.
5.7. We will not be liable to You if We cannot carry out Our duties or provide Services because of something beyond Our control.
5.8. We will not be responsible for any harm You suffer from a Virus which infiltrates Your Equipment, whether it was transmitted via the Services or otherwise. You remain responsible for all Charges applied to Your accounts for the use of any Services activated by such a Virus.
5.9. This point 5 will apply even after this Agreement has been terminated.
6. When We may suspend or disconnect the Services
6.1. We may suspend the Services or terminate this Agreement and disconnect any SIM Card from the Network without warning if:
6.1.1. The Network breaks down or needs maintenance. We will try to make sure this does not happen often; or
6.1.2. You or anyone who uses Your SIM Card does not keep to the conditions of this Agreement or any other Agreement with Us.
6.2. You are liable for Charges during suspension unless We decide otherwise. We would not make You pay Monthly Charges or other recurring Charges if there was a severe disruption to the Network (meaning that there was a breakdown in over 90% of the Network which lasted for 3 days or more) or where the Network has completely broken down.
6.3. We can charge to reconnect You to the Services except where something in point 6.1.1 happened. We can change Your Payment Terms as a condition of reconnection.
6.4. The rights that We have under this point 6 are in addition to the other rights that We have to suspend and/or terminate the Services and/or suspend or terminate this Agreement as set out in the following other points of this Agreement: 3.4, 4.4.5 and 7.3.
7. Changing Charges and terminating this Agreement
7.1. Changes to Services and Charges
7.1.1. We can lower any Charge at any time without telling You beforehand, although We will try to tell You if We can.
7.1.2. We can suspend, change, increase the price of or withdraw part or all of the Additional Services on giving active users of the Additional Service a reasonable period of Written Notice. The change will then apply to You once that notice has run out.
7.1.3. We can suspend, change or withdraw Your Price Plan or Price Plan Services. We will give You Written Notice 30 days before We do so. The change will then apply to You once that notice has run out.
7.1.4. We can increase any Price Plan Charge. We will give You Written Notice 30 days before We do so. The change will then apply to You once that notice has run out.
7.2. Your termination rights
7.2.1. You can give Us notice to terminate this Agreement, to take effect on or after the end of the Minimum Term. However (except as set out in point 7.2.3) if, in our total discretion, We accept notice from You to terminate this Agreement within the Minimum Term, You will have to pay Us a Cancellation Charge. You can terminate this Agreement without having to pay Us a Cancellation Charge after the Minimum Term has ended.
7.2.2. You can only give Us notice to terminate this Agreement by calling customer services. Your Agreement will terminate 30 days from when We receive Your call, although You are free to change Your mind and call Us to withdraw Your notice of termination at any time during that period. You will be responsible for all Charges up to and including the date that this Agreement terminates.
7.2.3. A Cancellation Charge won’t apply if You are within the Minimum Term and:
7.2.3.1. Our entitlement to operate the Network ends at any time; or
7.2.3.2. You are a Consumer and the change that We gave You Written Notice of in point 2.11.2 or 7.1.4 above is of material detriment to You and You give Us notice to immediately cancel this Agreement before the change takes effect; or
7.2.3.3. The change that We gave You Written Notice of in point 7.1.4 is an increase in Your Price Plan Charge (as a percentage) higher than any increase in the Retail Price Index (also calculated as a percentage) for the 12 months before the month in which We send You Written Notice and You give Us notice to immediately cancel this Agreement before the change takes effect.
7.2.4. If You are terminating this Agreement and a Cancellation Charge doesn’t apply because the circumstances outlined in clause 7.2.3 have occurred, You can then ask for a refund of any unused Pay As You Go Account balance that You may have.
7.3. Our immediate termination rights
7.3.1. We can terminate this Agreement immediately and You must pay Us everything that You owe, including any Cancellation Charge, if any of the following happen:
7.3.1.1. You break an important condition of this Agreement or a number of less important conditions;
7.3.1.2. You break a less important condition of this Agreement and do not put it right within 7 days of Us asking You to; or
7.3.1.3. If any step is taken to make any kind of arrangement that would compromise Your liability to pay Your debts; or (A) if You are an individual and You are unable to pay your debts or if any step is taken to make You bankrupt; or (B) if You are a company or other organisation and You become unable to pay Your debts (within the meaning of section 123 of the Insolvency Act 1986) or any step is taken to appoint an administrator, liquidator (for a reason other than solvent reorganisation), or receiver over You or any of Your assets. We can also terminate this Agreement if something similar (in any country) happens or if We think any of these things may happen.
7.3.2. We can terminate this Agreement if any licence of Ours to run the Network is ended. However, as described in point 7.2.3.1, You won’t have to pay a Cancellation Charge.
8. Portal access
8.1. If You have Equipment which enables You to access the Portal, this section applies to You.
8.2. We will try to maintain Content on the Portal which is within Our control, but We can’t promise that it will always be complete, accurate and up to date. We aren’t responsible to You or any third party for any action You take because You relied on what We said or how We provided Content on the Portal.
8.3. We will try to give You Written Notice (as described in point 7.1.2 above) a reasonable period before changing an Additional Service which is Content. However, We may have to change, suspend, withdraw or increase the price of Content without giving You any warning. The new nature of the Content will be clear before You buy the Content following any change and if You then purchase the Content following the change, We will take that as acceptance of the new Content and its price.
8.4. We may provide links to other third party websites which may include links to the websites of Our partners. If You follow those links, You will be leaving the part of the internet or Portal that We or Our partners control. Because of that, any content or webpage that You access (directly or indirectly) is the responsibility of the third party who makes that content or webpage available to You. We don’t check (and so We don’t necessarily recommend) what is available on any third party website. We can’t make any promise to You about whether the content on any third party website is accurate, complete or reliable. We also cannot promise that the website will work for as long as You need it or whether it will even work at all.
8.5. You (and not Us in any way) are entirely responsible for anything that You upload, e-mail, post or otherwise transmit via Portal access. You agree that You will obey any acceptable use policy or fair use policy that We may have. If You fail to do so, points 3.3.9 and 3.4 will apply.
8.6. Your ability to access a secure internet environment will be dependent on Your Equipment and the third party supplier of Content.
8.7. This point 8 will apply even after this Agreement has been terminated.
9. General
9.1. You need to get Our explicit prior consent before You can transfer or try to transfer any of Your rights and responsibilities under this Agreement. We may transfer any of Ours without Your permission, provided the level of service You currently experience is not reduced as a result.
9.2. We can record any conversations between You and Our staff.
9.3. We may send notices to either Your postal address, Your online account, or Your email address regardless of how Your bill is made available to You.
9.4. You must call customer services straightaway about any change in Your postal address or email address. It’s Your responsibility to make sure that the email address that You give Us is correct, current and works at all times. If You change Your email address or it stops working for any reason, You must notify Us immediately. If You fail to inform Us of any change, We will continue to make Your bill available to You by either (depending on how You receive Your bills) sending it to the last postal address that You gave Us or making Your bill available in Your online account and sending any notification to the last email address that You gave Us. Those bills will be payable in accordance with point 4.4.
9.5. We aren’t responsible for messages that don’t get to You because Your Equipment is turned off or not connected to the Network.
9.6. Unless otherwise stated in this Agreement, any notices from You to Us must be sent to: Customer Relations, T-Mobile, Hatfield Business Park, Hatfield, Hertfordshire, AL10 9BW.
9.7. Any concession or extra time that We allow You only applies to the specific circumstances in which We give it. It does not affect Our rights under this Agreement in any other way.
9.8. This Agreement shall not confer any benefit on a third party under the Contracts (Rights of Third Parties) Act 1999.
9.9. English law will apply to this Agreement and any disputes will be settled in the Courts of England and Wales, Scotland or Northern Ireland (as applicable). You may be able to take Your disputes to adjudication under the Communications and Internet Services Adjudications Scheme, the details of which are set out in Our ‘Code of Practice for Consumer Affairs’. We will give You a copy if You ask for it.
9.10. If a point or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any point or condition that is not legally effective with a point or condition of similar meaning that is.
9.11. Until You object We will use information about You to tell You of products and Services offered by Us and other organisations that might be of interest.
9.12. You have a right to choose whether Your details are included in directory listings, including the Phone book. If You want Your details included, please contact Our customer services department.
9.13. This Agreement is the whole agreement between You and Us. Any other information that You may have seen or heard before You entered into this Agreement isn’t included.
Our Privacy Policy
How We use personal information. In order that We can supply You with Services, We may share some of the information We hold about You with other members of the Deutsche Telecom Group (Our parent company) and other companies which We have a business relationship. If We have to send Your details to countries without proper data protection laws, We remain responsible for keeping this information secure. We will only share them if permitted by law. Until You object, We will use information You give Us to provide You with information about goods and services offered by Us and other organisations with which We have a business relationship. We or they may contact You by email, telephone or other on-line or interactive media. If You would prefer not to receive such information, simply let Us know at any time and We will stop sending it to You. We do not pass information about this Agreement to companies who contact You to offer a Renewal or Upgrade. If You are Our customer, We hold Your Account information. As You use Your SIM Card, some records are kept for statistical purposes. This data helps Us understand and serve Our customers better and improve Our Network. Data relating to the routing, timing or duration of communication may be kept for up to a year. To ensure security for You and Our staff and to help maintain service quality, some calls with Our customer services teams are monitored. Your personal details are not held indefinitely, but are destroyed after a period of time. Some information will be held after You have closed Your Account with Us.
Credit and Fraud Checks
If You apply for credit, We will register and check Your details with credit reference agencies to help Us make credit decisions about You. You must be able to disclose information about anyone else with whom You have a financial link. Your details may be linked to records relating to one or more of those people. We will also check Your details with fraud prevention agencies. If You give Us false or inaccurate information which leads Us to suspect fraud We will record this and details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:
§ Checking details on application for credit and credit related or other facilities;
§ Managing credit and credit related accounts or facilities;
§ Recovering debt;
§ Check details on proposals and claims for all types of insurance; and
§ Check details of job applications and employees.
These agencies will also use the records for statistical analysis about credit, insurance and fraud. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. More details about the relevant fraud prevention agencies are available on request.
Changes to Our privacy policy
If We decide to change Our privacy policy We will publish the changes on Our website so You are always aware of the way We collect, use and disclose information.
Access to Your Information
If You want, You can always access Your personal information. Just make a written request clearly identifying Yourself and the personal information You require. We’ll charge You £10 to cover the cost of supplying it. If We hold any inaccurate information about You We will correct it. Our address is: T-Mobile, Hatfield
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Orange Contract Terms and Conditions For Vodafone and 3 Scroll down page
These words have the following meanings:
'Accessories' - Products approved by Orange which you use in conjunction with your Device. They include (without limitation) batteries, chargers, car kits, headsets and carry cases.
'Account' - our records of your payments and outstanding Charges, plus your personal details.
'Age Restricted Services' - any Services which are specified for use only by customers over a specific age
'Bar'- a block placed by us on some or all of the Services you normally use (except for calls to emergency services). It may include us restricting the Service whereby you will automatically be re-directed into Orange when you attempt to make an outgoing call from your Device
'Billing Date' - the day on which your billing statement will be issued after you have been connected.
'Charges' - all charges for Services, as published in our periodically updated Price Guide. These include any reasonable administration charges.
'Connection' - the process of giving you access to a Service. "Disconnection" and "Re-connection" have a corresponding meaning.
'Content information, communications, images and sounds' - software or any other material contained on or available through the Services.
'Contract' - these terms and conditions which are binding on both you and Orange for each Device you connect to the Orange Network.
'Customer Communication'- information made available to you by Orange which provides information on Orange Services. It may be made available on your Device or provided electronically or distributed with new Devices or in mailings to some or all Orange Customers.
'Deposit' refundable amount that Orange may ask you to pay before we Connect or Re-connect you to the Network or before providing any Service.
'Device' a mobile telephone, device or data card (excluding Accessories) which is approved by Orange for connection to its Network.
'Line One and Line Two' Line One is the primary means by which you have access to the Services. Line Two is a second line on the same phone with its own phone number.
'Minimum Term' the minimum period for the supply of Services as specified in your Service Plan commencing on the date of Registration, where no period is specified in the Service Plan a minimum period of 12 months from the date of Registration will apply.
'Network' the electronic communications system by which Orange makes Services available in the United Kingdom.
'Orange Additional Services' optional Services (including but not limited to Roaming, International Calling, Premium Rate Services, and Content provided by Orange) which may cost extra whether they are supplied in conjunction with Service Plans or outside Service Plans.
'Orange' Orange Personal Communications Services Limited, or any organisation that may succeed it as the assignee of this Contract. Referred to in this Contract from time to time as "we" "us" or "our".
'Price Guide' a list of our current Charges which is updated from time to time and is available from us upon request.
'Registration' our acceptance of your application for Services and our record of your data and any User data prior to Connection. "Register" has a corresponding meaning.
'Roaming' An optional Service which allows you to use your Device on other operators' networks, usually in foreign countries.
'Services' Network and other Services, including Orange Additional Services, provided or procured by us for you to use.
'Service Plan' a number of products which shall include but not be limited to bundles of airtime, text, and/or Orange Additional Services and/or additional discounts offered by Orange for an agreed monthly or other periodic payment.
'SIM' a card or other device which shall for the avoidance of doubt include a USIM which contains your personal telephone number and which is programmed to allow you to access the Network.
'Suspension' the temporary disconnection of Services. "Suspend" has a corresponding meaning.
'User' you, or another person named by you, who is authorised to incur Charges to your Account.
2 Your Contract and the Minimum Term
your contract runs for at least the Minimum Term
2.1 For each Device you own, your Contract starts on the date of Registration and will continue for the Minimum Term and thereafter You have limited rights to terminate your Contract during the Minimum Term as described in Section 4.
what happens when the minimum term ends
2.2 After the Minimum Term ends, we will continue to supply you with Services as normal until your Contract is terminated in any of the ways described in Section 4.
3 Providing services
what we aim to provide in the UK
3.1 We will take all reasonable steps to make the Services available to you at all times. The Services are only available within the range of the base stations that make up our Network. We cannot guarantee a continuous fault free service. Please note that:
3.1.1 the quality and availability of Services may sometimes be affected by factors outside our control - such as local physical obstructions, atmospheric conditions, other causes of radio interference, features or functionality of your Device, the number of people trying to use the network at the same time, and faults in other telecommunication networks to which the Network is connected.
3.1.2 the quality of our Services may not be at its best inside buildings or below ground.
3.2 When you move outside the Orange enhanced service area this may result in:
3.2.1 the call being terminated if you are on a video call.
3.2.2 the speeds at which data is downloaded being affected.
3.3 Any coverage maps are our best estimate but not a guarantee of service coverage which may vary from place to place.
Services may sometimes be affected by maintenance and upgrading
3.4 The Network and the Services may from time to time require upgrading, modification, maintenance or other works. These may result in some or all of the Services becoming temporarily unavailable. In such cases, we'll do everything we can to keep the period of non-availability to a minimum. However, some interruption may be inevitable.
suspension of Services
3.5 We may suspend some or all of the Services you use, without giving you notice if:
3.5.1 we have good reason to believe that you haven't complied with one or more of the terms of your Contract.
3.5.2 you don't pay your bill within the time stipulated in Condition 6.2; we reserve the right to place a Bar on some or all of the Services from your Device (with the exception of calls to the emergency services). This Bar will remain in force until you've paid everything you owe us. At our discretion, we may charge you for Reconnection and removal of the Bar.
3.5.3 we also reserve the right to Suspend Services if a complaint has been made against you. The complaint will be thoroughly investigated, and Services will remain suspended until we know the results of that investigation. Any complaint you make will similarly be thoroughly investigated.
3.5.4 we have good reason to believe that your mobile phone number is being used for fraudulent or improper purposes.
3.5.5 we suspect on reasonable grounds that information has been supplied to us without the knowledge of the person named or that an application is unauthorised or contains false particulars.
3.5.6 you notify us that your Device has been lost or stolen.
3.5.7 we are required by the emergency services or other government authorities to suspend your Services.
3.6 You will remain liable for all monthly or other periodic Charges during any period of Suspension.
suspension of Orange Additional Services
3.7 We reserve the right to change, suspend or withdraw part or all of any Orange Additional Service on giving reasonable notice.
monitoring the Services you use
3.8 For the purposes of good management and security and to make sure we follow your instructions correctly and to improve our service to you through training of our staff, or to monitor instances of unsolicited messages we may monitor or record communications. Where we have good reason to believe such communication is unsolicited you agree we may but are not obliged to block such communication.
roaming Services outside the UK
3.9 Roaming relies on the telecommunications systems of foreign networks, over which we have no control. We cannot therefore offer any guarantees about Roaming services.
3.10 If you use Services from a country outside the UK your use of the Services may be subject to different laws and regulations that apply in that other country. Orange is not liable for your failure to comply with those laws or regulations
Storage and transmission of information on our Network
3.11 We may establish limits concerning the use of the Services for example the maximum size of an email message that may be sent or received, the maximum capacity allocated to you for storage of Content on the Network which you access via the Services.
3.12 You agree that Orange has no responsibility for the deletion, corruption or failure to store any content maintained or transmitted by the Network.
3.13 Whilst Orange has no responsibility to monitor the use of the Services if you exceed the use limits we reserve the right to refuse to store or send Content on your behalf.
Access to the Services and Content
3.14 Under no circumstances will Orange or any of the other parties involved in the provision of Orange Content, be liable for any losses, damages, costs or expenses arising from or in any way connected with any errors, defects, interruptions, malfunctions or delays in Content or the provision of Content. Orange agrees to rectify any such problems in the Content which are notified to Orange as soon as Orange reasonably can. If you do notice a fault or error in the Content, please notify the fault to Orange.
3.15 Orange accepts no liability for the, loss, late receipt or non-readability of any download, transmission, or other communications. The Content, which is obtained from a large range of sources, is supplied to You on an "as is" basis and Orange does not warrant that the Content is of satisfactory quality, fit for a particular purpose, suitable, reliable, accurate, complete, secure or is free from error.
Access to the third party services and the internet
3.16 We have no control over the value or quality of goods, services or Content offered by third parties on or through the Services. As a result we cannot be responsible or liable in any way for and do not endorse, any of these goods, services or Content.
3.17 The Services may be used by you to access websites and networks worldwide. Orange accept no responsibility for the Content or services in respect of these and you agree to conform with the instructions issued by those websites and networks relating to your use of those services.
3.18 If you use your Device to access the internet or third party services as it may not be a secure environment unwanted programs or material or viruses may be downloaded to your Device without your knowledge which may give unauthorised access to, or damage your Device and the information stored on it. Orange is not liable or responsible in any way for such unauthorised access, damage to or loss of information on your Device.
Age Restricted Services
3.19 You are not permitted to access our Age Restricted Services (if any) if you are below the age specified to access the Services. If you are allowed to access the Age Restricted Services by virtue of the fact you are the specified age or older you must not show or send Content from the Age Restricted Services to anyone below the specified age. If you let anyone under the specified age use your Device you must ensure you deactivate access to the Age Restricted Services.
4
your rights to terminate this Contract
terminating your Contract after the Minimum Term
4.1 You may terminate your Contract to expire at anytime after the Minimum Term by giving us at least one month's notice. You are free to restore your Contract throughout this notice period, should you change your mind.
terminating your Contract during the Minimum Term
4.2 You may terminate your Contract before the Minimum Term has expired if you pay us:
4.2.1 all Charges that are due, plus
4.2.2 a lump sum equivalent to the total of all the monthly or other periodic Charges still remaining on your initial Minimum Term agreement (except in the circumstances set out in Conditions 4.3 and 15.1). You'll be entitled to a rebate of 5% of that total if you terminate your Contract up to and including the first day of the last month of the Minimum Term.
terminating your Contract because Orange has changed its terms
4.3 You may also terminate your Contract if we vary its terms, resulting in an excessive increase in the Charges or changes that alter your rights under this Contract to your detriment. In such cases you would need to give us at least 14 days written notice prior to your Billing Date (and within one month of us telling you about the changes). However this option does not apply if:
4.3.1 we have increased the Charges by an amount equal to or less than the percentage increase in the All Items Index of Retail Prices published by the Central Statistical Office in the Monthly Digest of Statistics in any 12 month period; or
4.3.2 the variations we have made have been imposed on us as a direct result of new legislation, statutory instrument, government regulation or licence; or
4.3.3 the variation relates solely to an Orange Additional Service, in which case you may cancel that Orange Additional Service in accordance with Condition 15.1.
terminating your contract because Orange is no longer able to provide access to the Network
4.4 If, for reasons beyond our control, we are no longer able to provide Network Services, we will at our discretion either:
4.4.1 make arrangements for you to be supplied with equivalent Services by another network at no extra cost to you, or
4.4.2 accept written notice from you that you wish to terminate your Contract. In such cases we will refund any pre-paid Charges that have not been used up.
termination of your Contract by Orange
4.5 We may terminate your Contract immediately at any time in respect of any or all the Devices owned by you, in whole or in part, by giving you written notice if:
4.5.1 you fail to pass any credit assessments which we may reasonably consider to be necessary from time to time
4.5.2 you fail to pay any of your bills from Orange on time
4.5.3 we have good reason for believing that any information you have given us is false or misleading
4.5.4 you become insolvent within the meaning of Section 123 of the Insolvency Act 1986, or bankrupt, or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets or if we have good reason for believing that you are unable to pay the Charges
4.5.5 in addition, we may terminate your Contract at any time after the Minimum Term has expired by giving you at least one month's written notice.
termination of your contract by Orange without written notice
4.6 We reserve the right to terminate your contract immediately at any time in respect of any or all of the Devices owned by you, in whole or in part without notice to you if
4.6.1 we have good reason for believing that you have breached Conditions 6.4.2, 6.4.3, 6.4.4 or 6.4.5, 6.4.8, 6.4.9, 6.4.10, 6.4.11 or
4.6.2 you haven't complied with one or more of the terms of your Contract and do not correct the breach within 7 days of being asked by us in writing to do so.
termination and Line Two
4.7 Termination of your Contract for any reason connected with Line One will result in automatic termination of Line Two.
5
effect of Termination of the Agreement
5.1 When this Agreement is terminated, your Device will be Disconnected and you will no longer be able to use the Services.
what to do after Termination of your Contract
5.2 Termination of your Contract is subject to you paying us any money you owe us and us paying you any money we owe you. After termination, it is your responsibility to cancel any direct debits, standing orders, credit card mandates or other authorisations you may have given for periodic payments to be made to us by third parties.
6
your responsibilities
when your payments are due
6.1 Ordinarily we will invoice you monthly in advance for monthly charges which are non-refundable and monthly in arrears for call and message charges but we reserve the right to amend the invoicing period and submit interim invoices to you. The Connection charge will be included on your first invoice. Charges in respect of Services not supplied directly by us e.g. Roaming may be invoiced several months in arrears. VAT will be added to all invoices at the relevant rate where applicable. Payment is due when you receive your invoice.
6.1.1 you will be responsible for paying all Charges on your Account, whether or not they have been accrued by you personally. You will also be responsible for any extraordinary costs incurred in administering your Account, including collecting any payments. If your Service has been Disconnected, either at your request or ours, you will remain responsible for paying any outstanding Charges.
6.1.2 you must make your payment when you receive your invoice and by one of the payment methods stated on your invoice subject to clause 6.3. However we may also submit an interim bill or require an immediate payment if we think you have exceeded a reasonable limit on your Account.
penalties for overdue payments
6.2 If payment is not made within 14 days of its due date, we may charge interest on all sums outstanding at the rate of 2% above the base rate of National Westminster Bank. This interest will be charged on a per annum basis calculated daily.
payment methods
6.3 Ordinarily we will accept payment of Charges by credit card, debit card, cheque, direct debit and electronic transfer, but we reserve the right to refuse any payment method if we have reasonable cause to believe such payment will be dishonoured.
6.3.1 we reserve the right to charge an administration fee each month for payments not made by direct debit.
6.3.2 we may arrange for invoices to be issued by a third party on our behalf. Invoices issued by such third party shall be binding on you and payment of such invoices in full to the third party will be a valid discharge of your liability to pay such invoices under this Agreement.
things that you agree to do
6.4 Recognising that good management and security of the Services is important to all Orange customers, you agree that you will:
6.4.1 provide whatever proofs of your identity and address that we consider reasonably necessary from time to time. Whilst photocopy or fax copies are usually acceptable we do reserve the right to request the original document
6.4.2 keep confidential, and not disclose to any third party, your Account password or any personal identification code, number or name issued by us permitting access to the Services
6.4.3 not use the Services for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing any data which is of an offensive, abusive, indecent, obscene or menacing nature
6.4.4 not cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience, whether to us or to any of our customers, by any means including the use of the Network for persistently sending unsolicited communications without reasonable cause
6.4.5 not act in a way, whether knowingly or otherwise, which will impair the operation of the Network or any part of it, or put it in jeopardy
6.4.6 use only Devices and Accessories approved for use with the Network, and comply with all relevant legislation or regulation relating to their use
6.4.7 comply with any reasonable instructions issued by us which concern your use of the Services, and co-operate with us in our reasonable security and other checks (which may include us making phone calls to you)
6.4.8 not send or upload anything that is copyright protected (unless you have permission) or which in any way breaches the intellectual property rights of any third party
6.4.9 not copy, modify, store, forward, publish or distribute the Services or their Content without our express permission
6.4.10 only use Content for your own personal use and not for any commercial purposes or distribute it commercially
6.4.11 not to re-sell, re-supply or otherwise distribute the Services or Devices without the prior written agreement of Orange
6.4.12 not to circumvent the Age Restricted Service mechanisms.
7
multiple users
7.1 Where there are one or more Users other than you under your Contract, you remain responsible :-
7.1.1 for ensuring the Services are used in accordance with this Contract and
7.1.2 for all Charges incurred to your Account by those Users.
8
Line Two - limitations on usage
Suspension of Services
8.1 If we Suspend Services on Line One, Services on Line Two will automatically be Suspended also.
electronic messages
8.2 It is not possible to send electronic messages on Line Two this shall include but not be limited to, text, video and multi media messages.
Service Plan
8.3 You may not have a higher Service Plan on Line Two than you have on Line One.
9
information supplied by you
the details you give us must be correct
9.1 By applying for Registration or for Orange Additional Services, you undertake to provide your correct name, address and other factual information. You also confirm that:
9.1.1 the person stated to be authorised to sign for a company or firm is duly authorised
9.1.2 any individual applying as a member of a company is of full contractual capacity and is able both to pay for the Services he or she has requested and to meet his or her other obligations under your Contract.
9.1.3 You must also tell us if your details change.
what happens if we suspect the details you give us aren't correct
9.2 If we suspect, on reasonable grounds, that information has been supplied to us without the knowledge of the person named, or that an application is unauthorised or contains false particulars, we may delay Connection or Suspend Services to your Device while we investigate further. Following our investigation, we will Connect or reinstate the Services unless we have grounds to terminate. You acknowledge that you will have no claim against us in respect of any delay or Disconnection caused as a result of the operation of this Condition.
10
credit assessments
your application is subject to credit status
10.1 All applications for Registration and Orange Additional Services are subject to credit assessment before we can connect you to the Network. In considering your application we will search your record at the licensed credit reference agencies. They will add to your record details of our search and your application. We will use credit scoring or other automated decision making systems when assessing your application. If our assessment of you does not meet our normal requirements we reserve the right to decline to Connect you or to supply Orange Additional Services or to decide an appropriate credit limit on your Account. Alternatively, we may ask you to lodge a Deposit with us before we Connect you. If you believe our assessment of you is incorrect, we will review your eligibility. However, we cannot accept responsibility for the accuracy of information provided from the databases of credit reference agencies. Nor can we accept any liability for the consequences of our declining to Connect you.
10.2 We will also check your details with a fraud prevention agency who will record details of any false or inaccurate information provided by you where we suspect fraud. We or other organisations may use and search these records to:
10.2.1 help make decisions about credit and credit related services, for you and members of your household
10.2.2 help make decisions on motor, household, credit, life and other insurance claims, for you and members of your household
10.2.3 trace debtors, recover debt, prevent fraud, and to manage your Accounts or insurance policies
10.2.4 check your identity to prevent money laundering, unless you furnish us with other satisfactory proof of identity
10.3 We may also disclose details of how you conduct your Account to such agencies. The information will be used by other credit grantors for making credit decisions about you and the other members of your household, for fraud prevention, debt recovery, money laundering prevention, tracing debtors and Account management. For these purposes we or they may make further searches. Although these searches will be added to your record they will not be shared by others.
10.4 Please contact us if you would like details of these credit reference and fraud prevention agencies from whom we obtain and to whom we pass information about you. You have a legal right to this information.
11
deposits
deposits are held for 12 months
11.1 We may request a deposit from you:
a)before Connection
b)before making Orange Additional Services available to you, or
c)before reinstating the Services after Suspension
d)if you fail to pass any credit assessments which we reasonably consider to be necessary from time to time.
11.2 Deposits will be held for 12 months from the date of receipt and then refunded upon request. We do not pay interest on Deposits. If you owe us money, we may set off Deposits against the amount due to us. If there is a balance left over in such cases, we will remit this to you or credit your Account
12
SIM Card
it's your responsibility to keep your SIM Card safe
12.1 Any SIM Card we supply to you remains our property, but it is your responsibility to keep it safe. SIM Cards are easily damaged and should be handled with care. We will replace free of charge any SIM Card found to be defective through faulty design or workmanship. In any other circumstances, however, we may charge for replacing it. We reserve the right to recall any SIM Card from you at any time to enhance or maintain the quality of the Services.
what to do if your SIM Card is lost, stolen or damaged
12.2 You must inform us immediately if the SIM Card supplied to you is lost, stolen or damaged. You will remain liable for all Charges incurred until you do so. We will send you a replacement SIM Card as soon as reasonably practicable, but we reserve the right to charge you for doing so.
your SIM Card and other networks
12.3 The SIM Card supplied with your Device enables the Device to work on our Network only Ð with the exception of Devices which can access Roaming Services. However, after the Minimum Term we will lift this restriction at your request, provided all your payments of Charges are up to date and you pay the current administration charge.
The software in the SIM Card and the Device is either owned by or licensed to Orange which grants you a non-exclusive licence to use it for accessing the Services for the duration of your Contract and not otherwise.
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directory and Caller id
what to do if you want your number to remain private
13.1 We will enter your Orange number in Orange and third party directories, and our Network will allow the display of your Orange number on receiving Devices. If you prefer not to allow either of these options, please let us know in writing. Your mobile phone number and the approximate location of your Device will always be sent if calling the emergency services.
14
Devices
your Device is not a part of your Contract
14.1 Your Device and Accessories are acquired by you outside the terms of your Contract.
15
changes to your Contract
we reserve the right to make changes to your Contract
15.1 When you Register you are asked to choose a Service Plan and to indicate which Orange Additional Services you require.You will not be able to switch to a lower Service Plan for the first 6 months of a 12 month contract or the first 9 months of an 18 month contract. After the first 6 or 9 months, as appropriate, you may switch to the next lowest value Service Plan a maximum of one time once for the remainder of your contract term. You are able to switch to an equivalent or high Service Plan at any time.
We do, however, reserve the right to vary the terms of this Contract from time to time and to make changes to your Service Plan. We acknowledge that if we do increase the Charges, withdraw Orange Additional Services or introduce new mandatory Charges - or if your contractual rights are affected to your detriment - you may terminate your Contract in accordance with Condition 4.3. If you do not give notice within one month of our notifying you of any change(s), you will be taken to have accepted the change(s).
15.2 In exceptional circumstances a government authority may require the reallocation or change of phone numbers in which case we may have to change your mobile phone number for the Services.
new services
15.3 We are continuously enhancing our existing Services as well as adding new services, particularly Orange Additional Services. Charges for, and any special terms and conditions attached to Orange Additional Services will be notified in Customer Communication. The terms of your Contract, including Charges current on the date when you take up the offer of any Orange Additional Service, will apply to it, subject to any special promotional offer made by us and accepted by you.
16
Customer Communication
please read all the information we send you
16.1 We update our Customer Communication from time to time. Information on various topics is mailed to Customers with their monthly billing statements and is available on request from us. You are asked to read your Customer Communications and to keep those which are mailed to you until they are superseded. We regard you as having been given any information if it is either:
a)included in a mailing addressed to you
b)by voicemail, email text or other form of electronic message sent by us to your Device
c)communicated directly by any means.
17
assignment of Contract and change of ownership of Device
your Contract is personal to you
17.1 Your Contract is personal to you and you may not assign it. However, we may at our discretion (not to be unreasonably withheld) allow you to:
a)nominate a User other than yourself while you remain primarily liable to us under your Contract
b)terminate your Contract on short notice if you have transferred title to your Device to a new customer who has Connected the Device to our Network.
17.2 We may assign our rights to your Contract only if such assignment is on terms which are at least as advantageous to you as those set out in your Contract.
18
Liability
circumstances in which neither of us accepts liability
18.1 Except as provided in this Condition 18, neither party shall be liable to the other, whether in contract or tort nor otherwise, for any loss or damage which is:
a)not the fault of the other party
b)indirect and/or not reasonably foreseeable
c)loss of business, profits, savings, revenue, use or goodwill, or for any loss or corruption of data whether caused to the other party through any breach of your Contract or any matters arising under it. Neither party excludes liability for negligent acts or omissions causing death or personal injury to any person.
maximum liability of Orange
18.2 Subject to Condition 18.1, we limit our legal liability up to a maximum of three thousand pounds per claim or a series of related claims for any loss or damage which is:
a)direct financial loss
b)direct physical damage to or loss of property resulting from our breach of contract or negligence while providing Services.
factors beyond our control
18.3 We will not be liable to you if we are unable to perform an obligation or provide the Services to you because of any factor outside our control, including but not limited to Acts of God, industrial action, default or failure of a third party, war, terrorist act, governmental action, or by any act or decision made by a court of competent jurisdiction.
your maximum liability
18.4 Subject to Condition 18.1, your liability is limited to payment of all outstanding Charges due in accordance with the provisions of your Contract.
19
general
changes to your Contract
19.1 Subject to Condition 15, your Contract may be varied or amended only by the express mutual agreement of both parties. A party seeking to rely on such variation or amendment must produce evidence of the other party's agreement to it.
disclosure of information to third parties
19.2 You agree to the disclosure to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider of:
a)any information relating to your Contract, including your personal financial information and details of how you have performed in meeting your obligations under your Contract
b)any disclosure as may be within our Data Protection Act registration
c)any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority.
Your information
19.3 Orange or its Group companies will use your information which you provide to us together with other information for administration, marketing, credit scoring, customer services, tracking your Device and web use preferences, and profiling your purchasing preferences. We will disclose your information to our service providers and agents to help us with these purposes. We will keep your information for a reasonable period after your contract with us has finished in case you decide to use our Services again and may contact you about our Services during this time.
19.4 By registering your Device on the Network you consent to us sharing your information with other companies in the Orange Group and companies outside the Orange Group who are our business partners. They or we may contact you by mail, telephone, electronic messaging services, fax or email to let you know about any goods, services or promotions which may be of interest to you. Please call customer services if you do not wish to receive such information from us, or if you do not wish to receive information from our business partners, but remember that this will preclude you from receiving any of our special offers or promotions or those of our business partners.
19.5 By registering your Device on the Network you consent to our transferring your information to countries which do not provide the same level of data protection as the UK if necessary for providing you services you require. If we do make such a transfer, we will put a contract in place to ensure your information is protected.
19.6 You have a right to ask for a copy of your information (for which we charge a small fee) and to correct any inaccuracies.
19.7 When you give us information about another person you confirm that they have appointed you to act for them, to consent to the processing of their personal data, and to the transfer of their information abroad and to receive on their behalf any data protection notices.
19.8 For details of the Orange Group of Companies please visit our website.
delivering communications to you
19.9 All notices to be served in accordance with your Contract must be served by post or facsimile. We can in addition serve notice to you by voicemail, email text or other form of electronic message. They will be deemed served 48 hours after they are sent, or on earlier proof of delivery. All invoices and notices served by post will be sent to the address given by you on Registration unless you notify us of a change to this address.
Any waiver, concession or extra time we may allow you is limited to the specific circumstances in which it is given and does not affect our rights in any other way.
disputes between you and us
19.10 You may request that disputes between you and us are referred to arbitration under our Code of Practice for Consumer Affairs. We will supply a copy of our Code of Practice for Consumer Affairs to you on request.
miscellaneous
19.11 If either party delays or does not take action to enforce their rights under the contract this does not prevent either party from taking action later.
19.12 If any of the terms in this contract are not valid or legally enforceable the other terms will not be affected. We may replace any term that is not legally effective with a similar term that is.
Orange company details
19.13 Our Company Registration Number is 2178917 and our Registered Office is at St James Court, Great Park Road, Almondsbury Park, Bradley Stoke, Bristol, BS32 4QJ.
governing law
19.14 Your Contract is to be interpreted in accordance with the Laws of England and Wales.
20
Your Group Account
20.1 A Your Group account can comprise of a minimum of 2 pay monthly subscriptions (PM), or one pay monthly and one pay as you go subscription (PAYG). The maximum number of subscriptions to be associated with a Your Group account is 8, comprised of a maximum of 4 pay monthly and 4 pay as you go subscriptions.
20.2 The Your Group Account holder must be a pay monthly subscriber.
20.3 All subscriptions on a Your Group Account must be on one account with one account holder.
20.4 The Your Group Account Holder will be able to access all other Your Group account members account details and make amendments.
20.5 Eligible customers on any of the current Pay Monthly talkplans can take up a Your Group account including all of the Dolphin, Racoon, Panther & Canary talkplans. However some exclusions do apply, see below.
20.6 All calls made from the Pay Monthly & Pay As You Go Your Group subscribers to other Your Group phones on the same account will be free of charge and minutes made to Your Group phones will not decrement any inclusive talkplan or promotional minutes each customer holds. The free minutes can only be used whilst you are in the UK for calls to other members in the same Your Group account.
20.7 There is no rollover on the Your Group promotional minutes.
20.8 Calls to other Your Group phones on the same account are limited by a fair usage policy of 3000 minutes per month. Usage above this amount will constitute abuse and Orange may, at its discretion, monitor usage and withdraw one or all subscribers from a Your Group account in the event that the fair usage policy is abused.
20.9 All pay as you go subscriptions must be topped up on either a monthly or a weekly basis by the Your Group account holder. The top up(s) will be billed to the Your Group Account in advance. The minimum top up amount is £2.50 per week; £10 per month, the maximum is £7.50 per week, £30 per month.
20.10 Pay as you go customers will continue to receive weekly top-ups until the next Pay monthly bill date if they remain connected to the network but no longer wish to be part of the Your Group account.
20.11 Orange reserves the right to amend, vary or cancel these terms and conditions or to withdraw this product at any time upon reasonable notice to you.
20.12 Service is subject to the standard terms and conditions for the supply of network services and the terms and conditions for the supply of Orange pay as you go services. Where there is any inconsistency between these terms and conditions and the standard network terms and pay as you go terms referred to above, the latter will prevail. Orange reserves the right to withdraw the Your Group Account in event that you breach these terms or the standard network services terms or the Orange pay as you go terms.
20.13 The following exclusions apply:
a)Customers on business tariffs and business customers, OVP, Upfront and Direct, Off-peak value plan, Your Plan, talk plans that are no longer offered to new customers and Talk Share are not eligible.
b)A Your Group Account cannot be set up on Line 2.
20.14 Individual members of the current Your Group account are not eligible to migrate to the new Your Group proposition unless ALL members agree to migrate (and subject to migration policy terms and conditions).
20.15 Existing customers are only eligible to create a new Your Group account if they agree to move to the New Grid (in which case they do not need to re-sign a new contract unless they upgrade at the same time) or a Segment Proposition.
21
Love your number
Note: When you transfer from Pay as you Go to Pay Monthly you will loose any credit remaining on your Pay as you Go subscription. If the customer requires their balance to be transferred to their Pay Monthly account, this must be arranged by calling Customer Services prior to the transfer taking place. Any numbers stored on the customer’s Pay as you Go sim card should be written down before the transfer takes place, any stored numbers will be deleted from the sim card during the transfer process.
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Yes Telecom Vodafone Customer Agreement – General Terms and Conditions
1. Terms used in these terms and conditions
Words appearing in bold type in these terms and conditions have special meanings as set out below. The agreement is these terms and conditions, the front page of this form and the connection schedule in accordance with which we agree to provide services to you. The dealer is a person who may have sold equipment or services to you. The equipment is items provided by us or by any dealer for use with the services. In the event that the contract term has not been entered on the front of the document the minimum period will be deemed to be 12 months. The minimum period is the period for which you have agreed to receive the services as set out on the
front page of this customer agreement and starting on the date we connect you to the services and any extensions to it made pursuant to this agreement. The network is the telecommunications network to which each service supplied under this agreement is connected. The services are telecommunication services obtained from our telecommunications network provider as specified in the connection schedule and provided to you. The subsidy is the amount we pay the dealer in return for you entering into this agreement and/or the amount by which we have subsidised the purchase cost of equipment sold by us. The service charges are the fixed monthly access fee and other charges linked to usage of the services. The tariff is the charge plan you have chosen specified in the connection schedule which determines the service charges you pay us. Details of the tariff are found in the connection schedule associated with this agreement.
2. Your right to cancel
You have the right to cancel this agreement at any time from the date you sign the customer agreement until we commence provision of the services by writing or by sending a fax to us. You consent to us commencing provision of the services as soon as reasonably possible. You acknowledge that if you cancel the order in this way we may recover the amount of any subsidy from you unless we are able to recover it from any dealer.
3. The services
a) We shall do our best to provide the services to you, but our ability to do so may be affected by circumstances beyond our control. These include but are not limited to: the capability of equipment; the number of people using the network; geographic or atmospheric conditions; maintenance requirements or equipment failures. Any coverage maps are a best estimate, but not a guarantee of coverage.
b) We may at any time set a limit on an amount of service charges you incur during each billing period or place a restriction on making certain types of calls. If you want to vary any such limit or release any such restriction you should contact us. You acknowledge that we may undertake credit checks to determine your creditworthiness and that we may refuse to vary any such limit or release any such restriction.
c) We may at any time require the payment of a non-interest bearing deposit:
(i) as a condition of delivering the services to you; or (ii) to release or reduce any restriction on services; or (iii) as a condition of increasing any limit we impose on the amount of service charges you incur. The deposit will not exceed more than 3 months service charges calculated by reference to your actual usage of the services or, if you have not used the services for at least 3 months, on the basis of the information you gave to the dealer when contracting the services. Any deposit paid by you will be repaid when this agreement ends or earlier if we agree (but we may in these circumstances reinstate any bar or limit).
d) Due to the investment that Yes Telecom makes in providing commission and/or hardware at point of connection, we reserve the right to enforce a minimum average monthly spend target per account. We may refuse additional services on the basis that these may reduce the Average Revenue Per User (ARPU) on the account below our target.
4. Paying for the service
a) You shall pay the service charges for the tariff you have chosen by direct debit. b) If you choose not to pay by direct debit, we reserve the right to charge £2.50 per subscriber per month to reflect the increased costs in administration.
c) If you cancel the direct debit set up for any reason, we may impose an administration charge of £25. In these circumstances we may also enforce the charge detailed in 4(b). All non-direct debit payments shall be paid within 14 days of the date of our invoice. We may impose a surcharge of £15 for late payment or if any direct debit is returned.
d) We reserve the right to charge interest on late payments at a rate not exceeding 12% above the base lending rate of HSBC bank from the date the amount becomes due to the date of payment by you in full.
e) You shall notify us of any billing queries within one month of the date of the invoice upon which the query arises and shall not withhold payment of any service charges set out in the queried invoice or any invoice, by reason of your billing query until it has been resolved by us.
f) All figures in this agreement are expressed exclusive of value added tax.
5. Your responsibilities
a) You must keep to any conditions we set regarding the use of equipment and/or services.
b) You must tell us immediately if your name, address, bank account or credit card details change.
c) You must not use the services (or allow them to be used) for any illegal purpose. We may report incidents to the police or any other relevant official organisation.
d) You must not use any equipment that has not been approved for use on the network. If you are not sure whether the equipment is approved, you may contact us
6. How you can end this agreement:
You can end this agreement in its entirety or part only insofar as it relates to the services delivered in respect of a particular number in the following circumstances:
a) immediately if we break this agreement and cannot correct the situation within 14 days of you telling us about the break; or
b) (b) by giving us 30 days’ written notice given to us at the address at the top of this page.
7. Equipment returns and warranties
a) Equipment returned within the ‘cooling-off period’ applicable to the agreement in law must be unused and in its original unopened packaging.
b) For equipment used and/or returned outside of the ‘cooling-off period’, Yes Telecom reserve the right to charge for loss of value to the equipment due to use, wear and tear and/or change of status from new equipment.
c) Yes Telecom offers manufacturer warranty cover for equipment provided by Yes Telecom in the first instance. For avoidance of doubt this does not include equipment provided by third parties.
8. Changes to the services
a) You can apply to port your telephone number(s) to another network but we may charge you an administration as applicable from the appropriate services terms and conditions.
b) If you request a change of tariff we may agree to the same provided that we may charge you an administration fee and recover from you any profit we would have made had you remained with the original tariff less the profit we should make on the new tariff, the profit in both cases being calculated by reference to your past use of the services, or if you have used the services for less than three months then calculated by reference to the information you gave to us and/or any dealer.
c) If the law changes or VAT or any other tax is increased, we can change the terms of this agreement accordingly by giving you notice.
d) We can change the service charges at any time. If we increase the service charges in excess of the current retail price index, you can end this agreement by giving us written notice. You will then only have to pay invoices for the services that you already owe. This agreement will end 30 days after we receive your written notice. During the notice period the previous service charges will apply.
e) It is unlikely, but we may need to change your voice mail number, mobile number or other number from time to time. We will let you know if this is the case.
9. How we can end this agreement:
a) We can end this agreement immediately if you become bankrupt, insolvent or go into liquidation or if you enter into a voluntary arrangement or have a receiver or an administrator appointed over any or all of your assets. We do not have to give you notice in these circumstances. b) We can also end this agreement: (i) if you break this agreement and do not correct the situation within 14 days of us telling you about the break; (ii) if the network closes down for any reason; (iii) if you give us false information.
10. What you have to pay when we end this agreement:
a) If we end this agreement under 9(b)(ii), you will only have to pay the service charges you already owe.
b) If we end this agreement for any other reason, you will pay all the charges as if you had ended the
agreement under 6(b).
11. When we may suspend the service:
a) We may suspend the service if (i) the network fails or if modification or maintenance work is being carried out, or if the network is unavailable for any reason; or (ii) if we do not receive full payment on time; or (iii) if we think or know your equipment is being used fraudulently or illegally or if they have been lost or stolen.
b) If the service is suspended under 11(a)(i) for more than 3 days running, you will not have to pay line rental for that period.
c) If the service is suspended under 11(a)(ii) and if you wish the service to be reactivated, we reserve the right to charge you an administration charge of £30 per service reactivation in addition to all arrears.
d) If the service is suspended under 11(a)(iii), you will still have to pay the service charges.
12. What we are liable for:
a) We shall be liable for death or personal injury resulting from our negligence.
b) If we break this agreement or are negligent we will not be responsible for the losses you suffer as a result, except those losses that are a foreseeable consequence of the breach and except those under 12(a).
c) If you are not a consumer: (i) and if we break this agreement or are negligent we will not be responsible for the losses you suffer as a result above a limit of £1,000 per claim or number of related claims; and (ii) we shall provide the services with reasonable skill and care but we exclude all liability for breach of warranties, conditions, terms, undertakings, and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. The previous sentence does not affect our liability under 12(a).
d) If you are a consumer nothing in this agreement affects your statutory rights.
13. Transferring this agreement:
a) You may not transfer all or any part of this agreement to anyone else without our consent. This agreement is personal to you but please contact us if you want to transfer your SIM Card(s) or equipment to someone else (subject to a satisfactory credit check).
b) We can transfer all or any part of this agreement to someone else.
14. Information
a) Yes Telecom may disclose any information relating to any Account where we or the person requesting the information has, in our opinion, a legitimate interest in the disclosure.
b) Before granting credit, we may search the files of one or more credit reference agencies which will keep a record of that search. We may also disclose details about your conduct of the Account to that credit reference agency (or agencies). Any information held will only be used to help to make credit decisions affecting you, or occasionally for fraud prevention or tracing debtors.
c) Calls to our office(s) are recorded for training purposes and to improve our service to customers.
d) You agree that any information you provide to Yes Telecom, including any billing information may be given by us to the relevant Business Partner that is managing your account to enable the Business Partner to proactively manage your account.
15. The Law
a) This agreement is governed by English law. Please contact us should you have any complaint to make regarding the service. If you are not happy with the way we deal with any complaint and you want to take court proceedings, you must do this in England.
16. Disputes
a) All reasonable steps will be taken to resolve any dispute prior to legal action. In the first instance you will contact your account manager.
17. The Direct Debit Guarantee
This guarantee should be detached and retained by the Payer.
a) This guarantee is offered by all Banks and Building Societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own Bank or Building Society.
b) If the amounts to be paid or the payment dates change Yes Telecom will notify you 6 working days in advance of your account being debited or as otherwise agreed.
c) If an error is made by Yes Telecom or your Bank or Building Society, you are guaranteed a full immediate refund from your branch of the amount paid.
d) You can cancel a Direct Debit at any time by writing to your Bank or Building Society. Please also send a copy of your letter to us.
Mobile Services Agreement – Terms and Conditions
Terms used in these terms and conditions Words appearing in bold type in these terms and conditions have special meanings as set out below. These are in addition to the general terms and conditions. Where these terms
may appear to conflict with those in the general terms and conditions, these terms will apply to the mobile services in particular and the general terms will apply to the customer agreement in general. The equipment is the mobile phone(s) and SIM card or other related items provided by us or by any dealer for use with the services.
In the event that the contract term for mobile services has not been entered on the front of the document the minimum period will be deemed to be 12 months. The network is the mobile telecommunications network to which each SIM card supplied under this agreement is connected. The Subscriber Identity Module or SIM card is supplied by us or the dealer and allows you to use the services. Each SIM card supplied by us remains our property or the property of our telecommunications network provider.
1. The services
(a) We may at any time set a limit on an amount of service charges you incur during each billing period or place a bar on the SIM card being used on overseas networks or for making international calls or premium rate calls. If
you want to vary any such limit or release any such bar you should contact us. You acknowledge that we may undertake credit checks to determine your creditworthiness and that we may refuse to vary any such limit or release any such bar.
(b) We may at any time require the payment of a non-interest bearing deposit: (i) to release any bar on the SIM card being used on overseas networks or for making international calls or premium rate calls; or (ii) as a condition of increasing any limit we impose on the amount of service charges you incur. The deposit will not exceed more than 3 months service charges calculated by reference to your actual usage of the services or, if you have not used the services for at least 3 months, on the basis of the information you gave to the dealer when purchasing the equipment. Any deposit paid by you will be repaid when this agreement ends or earlier if we agree (but we may in these circumstances reinstate any bar or limit).
(c) We provide full international and roaming access to subscribers of tariffs that provide improved international/roaming rates and/or international/roaming inclusive allocations. If restrictions on international and roaming access are required for these tariffs you agree to indicate this on the contract or as part of a separate written communication.
(d) Due to the investment that Yes Telecom makes in providing commission and/or hardware at point of connection, we reserve the right to enforce a minimum average spend target per account of £45. We may refuse additional connections on the basis that these connections may further reduce the Average Revenue Per User (ARPU) on the account below our target.
(e) In addition, Yes Telecom limits the number of additional handsets that are allowed to be joined to a "Parent" or "First" handset in a Sharetime scenario. Yes Telecom reserve the right to alter these limits by giving no less than 30
days notice to our Business Partners. Details of current additional handset limits are available on request.
2. Your responsibilities
(a) You must (i) keep to any conditions we set regarding the use of the SIM card(s) or equipment (ii) tell us immediately if your name, address, bank account or credit card details change; (iii) tell us immediately if your SIM
card(s) or equipment is lost or stolen and write or fax to confirm the details. You acknowledge that if your SIM card(s) or equipment is lost or stolen, you will not be responsible for any call charges incurred after you have notified us of that fact but will be responsible for any call charges incurred beforehand.
(b) You must not: (i) use the SIM card or equipment (or allow it to be used) for any illegal purpose. We may report the incidents to the police or any other relevant official organisation; or (ii) use any equipment that has not been
approved for use on the network. If you are not sure whether the equipment is approved, you may contact us.
3. How you can end this agreement You can end this agreement in its entirety or part only insofar as it relates to the services delivered in respect of a particular SIM card in the following circumstances:
(a) immediately if we break this agreement and cannot correct the situation within 14 days of you telling us about the break; or
(b) By giving us 30 days’ written notice given to us at the address at the top of this page.
4. What you have to pay when you end this agreement
(a) If you end all or part of this agreement under 3(a) above, you will only have to pay the service charges to the date this agreement ends.
(b) If you end all or part of this agreement under 3(b) and the minimum period has ended we may (i) charge you £15 per service for the cost of disconnecting the relevant SIM cards from the network; and (ii) charge you service charges to the end of the month that the 30 day period ends unless that period ends later than the 10th day of a month, in which case service charges will be payable up to the end of the following month (iii) charge you any charges due under clause 1(d).
(c) If you end all or part of this agreement under 4(b) and the minimum period has not ended we reserve the right to charge you an amount being the sum of: (i) remaining recurring charges plus the profit we would have made from your use of the ended services from the date of ending to the end of the minimum period (calculated by reference to your past use of the services, or if you have used the services for less than three months then calculated by reference to the information you gave to us and/or any dealer); (ii) the amount of any subsidy that we have not already recovered by way of profit; (iii) any charges we have to pay to others as a result of you ending the relevant
services in this way; and (iv) an administration charge of £15 per service. The amount we shall seek to recover from you shall not exceed the amount we are entitled to recover from you at law in these circumstances.
5. Changes to the services
(a) You can apply to port the mobile number(s) relating to SIM card(s) to another network or migrate the mobile phone number(s) to another service provider on the same network but we may charge you an administration fee of £25 per number in addition to any charges for termination that may be applicable under
4 above.
(b) We are not obliged to agree to any upgrades to the equipment during or after the minimum term but if we do so we may extend the minimum term or impose a new minimum term to cover any additional or increased subsidy.
(c) Changing your tariff to another tariff with lower monthly fixed charge is prohibited during the following time periods respectively: within the first 6 months from the connection date for 12-month contracts; within the first 9
months from connection date for 18-month contracts; within the first 12 months for 24-month contracts.
(d) If you request a change of tariff we may agree to the same provided that if your request is during the minimum period we may charge you an administration fee and recover from you the profit we would have made had
you remained with the original tariff less the profit we should make on the new tariff, the profit in both cases being calculated by reference to your past use of the services, or if you have used the services for less than three months then calculated by reference to the information you gave to us and/or any dealer.
(e) It is unlikely, but we may need to change your voice mail number, mobile number or other number from time to time. We will let you know if this is the case.
(f) If you upgrade or change your tariff before the end of the initial minimum period (the "Initial Period") you acknowledge and agree that you must extend your agreement by a further minimum period (the "Extension Period"). If the Initial Period has not expired at the date of upgrade or tariff change, the relevant Extension Period to the Initial Period will be increased by the number of months by which the Initial Period had not been achieved. For example, if at month 10 of a 12 month Initial Period you wish to extend by a further 12 month period, that Extension Period will be increased by 2 months to 14 months. Any tariff changes or upgrades during an Extension Period shall be subject to the same rules.
6. BlackBerry trials
(a) BlackBerry trial orders are classed as an evaluation of the BlackBerry service. The evaluation shall run for a period of 30 days from the connection date of the BlackBerry service.
(b) Yes Telecom will provide but not charge the customer for GPRS usage in the UK associated with the Customer’s use of the BlackBerry service during the evaluation period. Usage of voice and SMS services will be chargeable during this period at the standard rate according to the Yes Telecom Vodafone Business with International Call Saver price plan. Other data services (eg. WAP) will be charged at the standard rate according to Vodafone’s GPRS
Select price plan. Roaming charges for use of GPRS outside the UK will also apply according to the published GPRS Roaming rates.
(c) If the Customer places a valid order for the full commercial service during the evaluation period which is accepted by Yes Telecom, then (i) the evaluation period will automatically end and the terms of the agreement, including any minimum period for BlackBerry connections shall then apply to the services and (ii) the service charges shall apply following the expiry of the evaluation period and shall be payable by the customer.
(d) If the customer does not wish to proceed with the service they must notify Yes Telecom Advanced Solutions in writing before the end of the evaluation period at: Sales Support, Advanced Solutions, Yes Telecom, Towers Business Park, Wilmslow Road, Manchester, M20 2RY.
(e) If the customer breaches the terms of the evaluation, Yes Telecom can terminate the evaluation period immediately by giving the customer 1 day’s written notice.
(f) Yes Telecom does not give warranty that all services will be uninterrupted or fault free.
7. When we may suspend the service (a) In addition to circumstances listed in general terms and conditions we may suspend the service if we think or know your equipment or SIM card(s) is being used fraudulently or illegally or if they have been lost or stolen.
(b) If the service is suspended under 7(a), you will still have to pay the service charges.