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TERMS AND CONDITIONS OF SUPPLY OF CELLULAR TELEPHONE SERVICES
These terms apply regardless of the chosen Service Provider. Accepting a subsidised handset from Direct Mobile Phones legally binds you to the following terms and conditions.
 

Please Note. Some phone features such as photo and Video messaging are Network dependant. The Networks do not support all handsets for all the features it may have. A typical example of this is the Nokia 6650 which has the ability to send picture messages but is not supported by Vodafone or O2 and therefore although the phone is capable the function will not work. Should you require a particular feature from your new handset please ensure this is supported by your chosen Network. We are unable to exchange goods for the above reason once the 14 day contract cancellation period has expired.



1.       DEFINITIONS
         In these Terms and Conditions, these words shall mean:

1.1    “Call Charges”
          The charges for your usage of the Network

1.2    “Connection Charges” 
          The charge made by the Service Provider for the connection or reconnection of the Equipment to the Network

1.3    “Connection Date”
          The date of connection of the Equipment to the Network

1.4    “Customer” “You”
          The person or company named as the Customer overleaf

1.5    “Equipment” 
         
The Customer’s Equipment as described in “Make/Model” of the “Phone Details” section on the customer
          agreement, or any replacement approved by the Service Provider

1.6    “Inclusive Talktime”
           The inclusive minutes/SMS/MMS available as part of the tariff which applies to you

1.7     “Migration Charges”
           The charge made by the Service Provider for disconnecting the Equipment from one Network or Tariff and 
           connecting it to another Network or tariff 

1.8    “Monthly Rental Charge”
           The monthly charge for access to the Network

1.9    “Network”
          The public telecommunications network to which the equipment is connected

1.10    “Porting Charges”
            The charge made by the Service Provider for disconnecting the Equipment from one Network and 
            connecting to a different Network

1.11    “Services”
            The telecommunications, data and Internet services provided by the Network from time 
             to time and any services we may offer

1.12    “SIM Card” (Subscriber Identification Module)
            The card which when used with the Equipment allows access to the
Services

1.13    “the Service Provider” “We” “Us”

      The Service Provider or Network used to supply airtime to the customer for the contract period

1.14    “Tariff” 
      The charges for connection, monthly line rental, Bolt Ons and calls made by the Service Provider for the service selected.  
      You may not change to a lower tariff for a minimum of six months however you may change to a higher value tariff.
Should
      this occur during the first six months of the contract we reserve the right to invoice you for the full sim free price of the
      supplied equipment and to debit the amount from your credit card or seek payment via another method.

1.15    “Payment Services”  

             the Service Provider Payment Services is responsible for processing all payments made
       in accordance with these terms and conditions

1.16    “Payment Processing Fee”

       The payment processing Fee charged by the Service Provider Payment Services

1.17    “Cheque Payment Processing Fee”

      The additional payment processing fee charged by the Service Provider Payment Services to
       customers who pay by cheque

 

2.       CONNECTION AND PROVISION OF SERVICES

2.1     The Network uses radio telecommunication affected by buildings and geographical and atmospheric conditions. 
     The quality of the service provided is not always as high as that of a landline.

2.2      We cannot guarantee that the Equipment will be ready for service by any particular date and do not accept 
     any liability for failure to meet any estimated date of connection or porting

2.3      We may alter the mobile phone number or any other code or number allocated by us

2.3.1   you may port your number to another network subject to normal contract conditions

2.3.2   we may alter the Services as a result of regulatory or technical changes; you will have to pay for any necessary
     changes to the Equipment

2.4     The services are made available provided:

2.4.1   they are not used for anything unlawful, immoral or improper;

2.4.2   they are not used to make offensive or nuisance communications in whatever form, or to make or receive reverse
      charge calls;

2.4.3   they are only used with Equipment approved for use with the Network and all relevant laws and rules are followed;

2.4.4   they 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, or otherwise unlawful;

2.4.5   they are not used to access or use content in a way that infringes the rights of others;

2.4.6   they are not used otherwise than in accordance with any Networks’ policies for acceptable use, and (if appropriate)
     any relevant internet standards;

2.4.7   you give us information we reasonably ask for;

2.4.8   you follow all reasonable instructions we give you

2.5      We reserve the right to suspend, amend or withdraw part or all of the Services or disconnect any SIM Card(s) 
     from the Network without warning if:

2.5.1   the Network breaks down or needs maintenance. We will try to make sure this does not happen often; or

2.5.2   you or anyone who uses your SIM Card does not keep to the conditions of this agreement or any other agreement
     with us; or

2.5.3   you or anyone who uses your SIM Card damages the Network or outs the Network at risk, or abuses or threatens
     our staff; or

2.5.4   you falsify any information regarding your account, mislead us, or conduct or attempt to conduct any fraudulent
     activity

2.6      You are liable for your Monthly Rental Charge during suspension or disconnection unless we decide otherwise

2.7      We may need to change the numbers which can be called and charged as part of your Inclusive Talktime allowance
     from time to time to reflect changing market conditions. Should we wish to do this, we will give you 14 days notice
     of our intention to do so. In the event that this change results in an increase in your Tariff of more than the
      increase in the current Retail Price Index or 10%, whichever is the greater, you will have the option to either 
     accept the change or terminate your contract subject to giving written notice within 14 days of your receipt of our 
     notice to change. If you decide to terminate you will have to pay the Monthly Rental Charges and Call Charges 

           that are unpaid at the date of termination but you will not have to pay the remaining Monthly Rental Charges 

           under Section 7.4. The change will not take effect until the 14-day notice period has expired.

2.8     The equipment is supplied to you at a subsidised price on the basis that you are contracting to use the network for 
     the duration of the contract. Should non usage of the sim card or equipment occur during the first three months of 
     the contract we reserve the right to invoice you for the full sim free price of the supplied equipment and to debit the 
     amount from your credit card or seek payment via another method.

 

3.       INTERNET ACCESS

          If you have a mobile phone which enables access to the Internet, the following terms and conditions apply:

3.1     Either our contractual partners or ourselves may provide links to other web sites or resources. We do not endorse,   
    nor do we make any warranty as to the accuracy, completeness, reliability or continuous supply of he content 
    contained on any third party sites or resources accessed via the services;

3.2     All content made available on the Internet (directly or indirectly) through using the Services, whether publicly posted 
    or privately transmitted, is the sole responsibility of the party from which such information originated. You are  
    entirely responsible for all information uploaded, e-mailed or otherwise transmitted via internet access;

3.3     We will not be responsible for any loss or damage you may suffer from any dealings with third parties. Any dealings 
    with products or Services provided by third parties, which are located using our Services, or via our website, are 
    solely between you and that third party, unless we specifically state otherwise;

3.4     Your ability to access a secure Internet environment will be dependant on your phone and the third party supplier of 
    content

 

4.       TARIFF  

4.1   We may increase your Tariff from time to time. In the event that we increase your tariff, we will give you 14 days 
   notice of our intention to increase your tariff. In the event that the increase is more than the increase in the current 
   Retail Price Index or by 10%, whichever is the greater, you will have the option to either accept the increase or 
   terminate your contract subject to giving written notice within 14 days of your receipt of our notice of increase. If 
   you decide to terminate you will have to pay the Monthly Rental Charges and Call Charges that are unpaid at the 
   date of termination but you will not have to pay the remaining Monthly Rental Charges under Section 7.4. The 
   price increase will not take effect until the 14-day notice period has expired  

4.2   You may not change to a lower tariff for the first six months of your agreement, should this occur you will be charged 
  the difference of the retail price for the equipment on the newly chosen tariff and the orgiinally chosen tariff.

5.      CHARGES AND STATEMENT OF ACCOUNT

5.1    We will send you a statement of account each month setting out the Monthly Rental Charge, the Call Charges 
   and any other charges you have incurred during that month, or any carried over from the previous month 
    but not billed

5.2     You agree to pay us all charges shown on the monthly statement within 14 days of the date of your statement, 
    by direct debit or by an alternative agreed method

5.3     If you are disconnected for non-payment, you will be asked to pay the prevailing charge for each handset you
    request to be reconnected

5.4     If your payment is late, cancelled or dishonoured for no valid reason, we will charge you £25 incl. VAT each 
    time for our administration costs

5.5     You will be charged for Migration as defined at 1.7

5.6     You will be charged for Porting as defined at 1.10

5.7     We do not accept responsibility for delays in the billing of any charges

5.8     If you want to challenge an item on your statement, it would assist the resolution of the matter if you notify 
    us within 6 months of the date of the statement

5.9     Calls made on overseas networks will be billed in sterling. This is calculated using the exchange rate applicable on
    the date the call was processed by the overseas network. This may differ from the exchange rate applicable at 

          the time when the call was made

5.10   You agree to tell us of any change in your name, address or bank details

5.11   You agree that if you owe us or our associated companies any sum, we or they may deduct this from any sum 
     which we or they owe to you


    CREDIT AND FRAUD CHECKS

6.1    If you apply for credit we will register and check your details with credit reference agencies to help us make credit 
   decisions about you. We will also check your details with credit reference agencies to help us make credit decisions 
   about you. We will also check your details with a fraud prevention agency. If you give us false or inaccurate 
   information, which leads us to suspect fraud, we will record this

6.2    You agree that we may search the files of a credit reference agency that will keep a record of that search. Details 
   of how you conduct your account may also be disclosed to the agency

6.3    We and other organisations may use and search these records to:

6.3.1  make decisions about credit and credit related services, for you and members of your household;

6.3.2  make decisions on motor, household, credit, life and other insurance proposals and claims, for you and members of 
    your household;

6.3.3   trace debtors, recover debt, prevent fraud and to manage your accounts or insurance policies; and

6.3.4  check your identity to prevent money laundering, in the event that you do not provide other satisfactory 
    identification. These agencies will also use the records for statistical analysis about credit, insurance and fraud

 

7.       NON-PAYMENT

7.1    If you do not pay all charges within 14 days from the date of your statement, we may collect all the charges due 
   (which may include the Monthly Rental Charge, Call Charges and where more than one consecutive payment is 
    missed, the remaining Monthly Line Rental Charges for the minimum contract period) from your credit or debit card. 
    You will be contacted to discuss your account before any deductions are made from your credit or debit card and 
    this will not be exercised where you have notified a valid reason for non-payment

7.2     If you fail to pay all charges by the due date and do not have a valid reason we may temporarily suspend Services 
    without warning. When you pay all charges including any additional charge for non-payment, we will restore full 
    Services as long as you pay us a reconnection charge (see clause 5.3)

7.3     If you still fail to pay after we have temporarily suspended the Services we may completely disconnect you from the 
    Network. Reconnection will be at our discretion and will only be considered when you have paid all charges including 
    the reconnection charge (see clause 5.3)

7.4    You remain liable to pay all charges due under this contract even if the Services have been suspended or 
   disconnected for non-payment or you have ported to another Service Provider or Network

 

8.      SECURITY DEPOSITS

8.1     We may request a security deposit before connection

8.2     We may request a security deposit before reconnection after disconnection for non-payment

8.3     We may request a security deposit before providing international and roaming facilities or premium rate facilities

8.4     We may notify you by telephone when the balance of call charges substantially exceeds the Inclusive Talktime 
    allowance associated with your tariff or, is not in line with your average spending pattern. We may request a 
    security deposit to your account at this time. In the event that we are unable to contact you, we may temporarily 
    suspend your service pending receipt of the necessary security deposit

8.5     If you have paid a security deposit we may retain this for all or part of the term of the contract. However you may 
    request a review after 6 months

8.6     If you have paid a security deposit, any unpaid charges may be deducted from the deposit before returning any 
    balance to you

8.7     We reserve the right to suspend, amend or withdraw part or all of the Services or disconnect any SIM Card(s) from 
    the Network without warning if you refuse to give us a deposit

 

9.       EQUIPMENT

9.1    You are responsible for maintenance and insurance of the Equipment

9.2    You remain liable to pay all charges due under this contract despite loss or damage to the Equipment. We will 
   connect free of charge any suitable replacement equipment you supply

 

10.     DATA PROTECTION

10.1    In order that we can supply you with telephone services, the Service Provider may share some of the information we hold 
     about you with other
similar companies

10.2    As you use your mobile phone, some records are kept for Network management and billing purposes. This data  
     helps us understand and serve our customers better and improve the telephone Network

10.3    To ensure security for you and our staff and to help to maintain service quality, some calls may be monitored

10.4    Your personal data is not held indefinitely, but is destroyed after a period of time. Some information may be held 
      after you have closed your account with us

 

11.    LIMITATION OF LIABILITY

         Our liability is limited to direct loss or damage up to a limit of £2,000. Nothing in this Agreement is intended to limit or  
   exclude our liability for death or personal injury resulting from our negligence

 

12.    TRANSFERRAL

         You and may not transfer or try to transfer any of your rights and responsibilities under thus Agreement unless we 
   agree, and we will not withhold our agreement unreasonably. We may transfer any of ours without your permission, 
   provided the level of service you currently experience is not reduced as a result

 

13.     GENERAL

13.1    We can record any conversations between you and our staff

13.2    We will send all statements and notices to your billing address. You must call Customer Services straightaway about 
      any change in that address. Notices from you to us must be sent to the address on the back of your monthly 
      statement. Any concession or extra time that we allow you only applies to the specific circumstances in which we 
      give it. It does not effect our rights under this agreement in any other way

13.3    This contract shall not confer any benefit on anyone other than You or Us

13.4    If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be 
     effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar 
     meaning that is

 

14.     PAYMENT PROCESSING

14.1    the Service Provider Payment Services Limited processes all payments made in accordance wit these terms and   
     conditions and you agree that it will charge you the Payment Processing Fee referred to in clause 14.2 or 14.3 
     when dealing with your payments. The overall amount you pay is not increased, however, provided payments are 
     made by direct debit, debit card or credit card. When you use these methods of payment, payments due to us will 
     be discounted by the amounts you must pay to the Service Provider Payment Services Limited, leaving the total you 
     pay unaltered. Payments made by cheque will be subject to the additional charge referred to in clause 14.3

14.2    Where payments are made by direct debit, or by agreement, by credit card or debit card, you agree to pay 
     the Service Provider Payment Services Limited a Payment Processing Fee of 1.5% of the amount paid by these 
     methods of payment, and to pay the balance due to us for the services we have provided you with

14.3    Where payments are made by cheque you agree to pay the Service Provider Payment Services Limited a £3.00 
     Cheque Payment Processing Fee for processing each of your cheque payments, in addition to any amount you owe 
     us for the services we have provided you with. This amount will be separately itemised on your Statement of 
     Account

 15.    TERMINATION OF CONTRACT

15.1    Written notice to end this Agreement must be sent by pre-paid post to the address shown on your most recent 
      statement from us

15.2    Notification to Port your number via our official documentation acts as written notice of termination of this 
     Agreement

15.3    We reserve the right, for exceptional business reasons, to terminate this Agreement with one months notice at 
      which point you would not be expected to pay any future charges under section 7.4. Any outstanding charges will 
      remain payable by you

16.    APPLICABLE LAW
   This contract is governed by English law

Direct Debit Guarantee

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.

If the amounts to be paid or the payment dates change, the debtor will notify you 10 working days in advance of your account being debited or as otherwise agreed.

If an error is made by the debtor or your bank or Building Society, you are guaranteed a full and immediate refund from your branch of the amount paid. 

You can cancel a Direct Debit at any time by writing to your Bank or Building Society.