Terms and Conditions

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Vodafone Contract
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The below Terms and Conditions apply to any customers placing orders with us

Beepy  Terms and Conditions
Our Terms & Conditions apply to all customers placing orders with us:
1. Placing an Order & Stock Availability

1.1All items offered on our website are subject to availability. On placing each order, if the phone you are purchasing is free, we administer a charge of £2.50 which will be charged to your credit/debit card for the purpose of verifying that your card details are correct, that your card has not exceeded its limit and to ensure the card has not been reported stolen, this charge is non refundable and the card must be registered in your name at your current address. We endeavour to advise on our website any items that are currently out of stock. If an item ordered is out of stock we will notify you within two working days of your order being placed. We will advise you of the likely time scale of any delay, but you are of course at liberty to cancel your order.

1.2. Orders for any of our products can be placed via our Secure Online Server, or by telephoning our Sales Team on 0808 1680118.

1.3. All required fields and sections of our order forms must be completed with the correct information.

1.4. We aim to process and despatch all orders as quickly as possible - usually within two working days. Business orders may take longer due to verification and credit checking processes.

1.5. All orders are checked by our Order Verification Team for the security of both you and us. Our Order Verification Team or the mobile phone network may request proof of address and/or proof of identification from you before your order can be processed. If this is the case we will contact you giving you full details of what is required.

1.6. If you are paying for your order by credit or debit card we will carry out checks with the card issuer. If any problems occur with the authorisation of your credit or debit card we will contact you for further details.

1.7. All applications for a pay monthly mobile phone "contract" are subject to a credit check - the mobile phone network may in some cases ask for a security deposit to be paid by the applicant before a connection can be made. The network may also decline your application in certain instances. If either of these occurs, we will contact you and advise you of the situation.

1.8. Complications caused by any of the above in Clauses 1.3 - 1.7 may cause a delay in the processing and despatch of your order.

2. Payment and Ownership of Goods

2.1. We accept payment by Visa, Visa Delta, Maestro/Switch and MasterCard. Beepy will debit you credit/debit card as we process the application. In these Terms and Conditions of Business: - "Goods" means goods or products offered for sale by us. "Goods" also means mobile phones that are discounted or supplied free with monthly paid contracts.

2.2. "Promotional Product" means any item or product offered free of charge with goods that have been supplied and paid for, or discounted to free.

2.3. We verify your credit card details when we take payment for your phone handset. If your handset has no up-front costs we will debit £2.50 from your credit card account for the purposes of credit card verification as described in clause 1.1. 

2.4. Goods and promotional products supplied by us remain our property until the goods are paid for in full. If payment is declined by your card issuer, or your cheque is not honoured by your bank, whether before or after despatch of the goods to you, we will treat the order as cancelled. If the goods and promotional products have been despatched we may:-
a) Require you to return the goods and the promotional products to us in good condition within 7 days; or
b) Require you to pay in full by a satisfactory alternative means within 7 days.

2.5. Any claim or obligation under this Clause is without prejudice to our rights under Clause 14 of these Terms and Conditions of Business.

3. Website Accuracy

3.1. Our Website Production & Design team work extremely hard to ensure our website is as accurate as possible and in order to achieve this, our website is updated most days.

3.2. We cannot guarantee the accuracy of information supplied, especially such things as product specifications, network tariffs, call charges and special offers and promotions which may change without prior notice, before or after you have placed your order with us. For verification always check with the network manufacturer etc or call us before purchase. If an item is purchased and you find a problem with the tariff, description, specification etc you have 7 days from connection in which to return it.

3.3. Products, prices, offers, tariffs and promotions are valid only for the period they are displayed on our website (unless otherwise stated) - all of which are subject to availability. If any of these should change to your detriment or become unavailable in the period after you have placed an order with us we will attempt to contact you before proceeding with the order. Where we despatch an order and you are unhappy with an ammendment/change to the tariff for whatever reason, you have 7 days from connection in which to return the item.
3.4. Pictures of products are as a representation only and should be used only as a guide. Specifications and/or colours of products may change without prior notice.

4. Product Warranty

4.1. All products come with a 12-month manufacturer's warranty. This warranty does not affect your statutory rights which cannot be excluded or restricted at law.

4.2. Additional insurance and extended warranty periods for mobile phone handsets maybe available at an extra cost on certain products. We do advise that you consider taking this "Insurance" wherever possible as the actual cost of your handset is regularly hundreds of pounds more than you pay us. Where we put you forward for an insurance policy, it is your responsibility to check that the monthly payments are being taken and that the policy is active with the insurance company. We will not be held responsible if a policy is not activated, as this is a third party transaction between you and the insurance company.

5. Delivery

5.1. Accessories - we endeavour to despatch all in stock accessories within 1-2 working days of the order being placed. Accessories are delivered by Royal Mail 1st Class or Recorded Post depending on value.

5.2. Mobile Phone Contracts - we endeavour to despatch all contract and prepaid mobile phones within 2-3 working days of ordering. (See clause 1.4 regarding business orders). These items are sent by Royal Mail Silver Service, Parcel Force or City Link Insured Next Day Delivery. Saturday and Monday delivery cannot be guaranteed by Royal Mail and Parcel Force and City Link do not deliver on a Saturday.

5.3. Prepaid SIM Cards - we endeavour to despatch these connections within 2-3 working days of ordering. Prepaid SIM cards are despatched by Royal Mail recorded delivery.

5.4. Beepy cannot be held responsible for any delays with Royal Mail, City Link, Parcel Line or any other courier delivery service.

5.5. Parcels sent to the remotes parts of the United Kingdom, such as Northern Scotland and parts of Northern Ireland and the Isle of Man etc may take longer to deliver.

6. Privacy of Information

6.1. Any information collected by Beepy, including that gathered at the time of ordering/registration, is collected lawfully and in accordance with the Data Protection Act 1998.

6.2. Beepy do not sell any customers' personal information, including email addresses, to any organisation or third-party. Customers' information may be transmitted to other companies (i.e. the mobile phone networks) for purpose of processing orders placed with us, or for providing additional services that are related to orders that have been placed with us. In the unfortunate event that we are unable to fulfill your order we will check your eligibility for alternative offers, which will be communicated to you if available by us or our trusted business partners. 

6.3. Where there is sufficient evidence to suggest that fraud is being perpetrated, (such as the stated name and address being different to that of the credit/debit card owner), Beepy reserve the right to pass identification (such as name, address, email and ISP details) to other businesses, fraud data bases and relevant authorities.

6.4. From time to time we may send you information via email or post regarding your purchase or regarding other services/products available from Beepy. We would always provide an "opt-out" or "unsubscribe" option in any electronic correspondence to enable you to stop any further mailings if you so wished.

6.5. If you require any further information regarding our Privacy of Information policy please see our privacy policy.

7. Pricing

7.1. Unless we indicate otherwise, all prices stated include VAT and delivery within the United Kingdom (excluding Eire). All Errors and Omissions are excepted.

8. Mobile Phone Contract Connections and SIM Card Connections

8.1. All mobile phone contracts are subject to a minimum contract term. All contract connections are subject to status and acceptance by the Network concerned to United Kingdom residents aged 18 years or over. Contract upgrades are also subject to a further minimum term contract.

8.2. A credit check will be carried out by the network/provider prior to connection using the information supplied by the applicant. We will always advise the applicant of any negative credit assessments and connection refusals. Beepy cannot be held responsible for the result of any credit assessments or for any delays caused by insufficient or incorrect information being supplied by the applicant. See also Clause 1.7.

9. Returning Products

9.1. If for any reason you wish to return a product or receive a replacement product please call our Customer Service Team on 0844 880 1920 for assistance.

9.2. We would request that you contact our Customer Service Team as soon as any problem becomes apparent.

9.3. We will deal with all replacements and refunds with high priority.

9.4. Replacements will be sent out when the original item is returned.

9.5.It is the customer's responsibility for the safe return of all goods. All items must be returned within “a reasonable time” as they were received with their original packaging and full contents included, along with original documentation and proof of purchase. Items returned in a less than pristine condition and/or with damaged or missing packaging or items will incur charges to cover the cost of the items. These charges will be pursued by Beepy. Should items not be received then it cannot be accepted as a 7 day cancellation and you will be liable for the full duration of your contract. 

9.6. Where a refund is sought for non faulty items and is outside of the 7 day cooling off period we reserve the right to make a charge to cover our administration costs. This charge will not exceed the direct costs of postage etc.

9.7. Refunds cannot be given if we judge that the product has been willfully damaged, misused, neglected, overloaded, modified, adapted or repaired.

9.8. Where goods become faulty within the first 28 days and qualify for an exchange, the faulty items must be returned to us, with the original packaging, within 28 days of the date of Invoice. Items returned as faulty and subsequently and found to be customer damage will incur charges. These charges will be pursued by Beepy.

9.9. Should the return be because of a change of mind the customer will be responsible for all return postage costs. All returns must be made within the first 7 days. For contract mobile phones all returns must be made within 7 days of the date of connection.

9.10. We will only refund postage or supply a prepaid packet, for faulty items that are returned to Beepy within the first 28 days.

9.11. If returned goods cannot be accepted due to clause 9.7 a charge of 9.99 will be made to cover our return postage.

10. Returning Contract Connections and Contract SIM Connections

10.1. If you are dissatisfied in any way with any contract connection or contract SIM connection it is essential that you return it to Beepy within 7 days of connection. The day the handset/SIM is connected by Beepy is classed as day one. This is usually the date which appears on your delivery Invoice. The exception is T Mobile who class day one as being the day of delivery.

10.2. On cancelation under distance selling rules you are entitled to a full refund within 30 days; however it is the customer's responsibility for the safe return of all goods, gifts etc. All items must be returned within a reasonable time and in the same condition as they were received with their original packaging and full contents included, along with original documentation and proof of purchase. Items returned in a less than pristine condition and/or with damaged or missing packaging or parts will incur charges to cover the cost of the items. These charges will be pursued by Beepy. Should items not be received then it cannot be accepted as a 7 day cancellation and you will be liable for the full duration of your contract

10.3. All items must be returned as they were received with the original packaging and full contents included along with original documentation and proof of purchase. We will charge for any items missing from the box or refuse return if the box is incomplete.

10.4. Where a refund is sought we reserve the right to charge the initial cost of delivery. We will not charge for the initial costs of delivery where the product supplied was not of satisfactory quality.

10.5. Clause 10 does not apply to pay as you go or pre-paid hand set packages. See Clause 9.

11. Your Legal Rights as a Consumer

11.1. These Terms and Conditions do not affect any of your statutory rights, which cannot be excluded or restricted at law.

12. Complaints

12.1. If you have cause for complaint regarding any service or product provided by Beepy  please email full details for the attention of the Duty Manager to complaint@beepy.co.uk.

12.2. We endeavour to respond to all complaints within two working days and aim to resolve any problems as soon as we can after receiving details of a complaint.

13. Mobile Number Portability (keeping your old mobile number)

13.1. We are not able to internally port numbers for you.

13.2. In order to port your number there is a simple process for you to follow and it takes a maximum of 5 days from receiving your phone. See our porting information.

14. Early Termination of Air Time Contracts / Changing of Tariffs

14.1. Our offers with monthly contract phones and packages are totally dependant on the tariff selected therefore:-

14.1.1. In the event that you are disconnected from your network for any reason within the period of 120 days from your initial billing date, we will invoice you the minimum sum of £200 plus VAT per handset. The charge will be dependant on the tariff selected at the time of disconnection.

14.1.2. Disconnections arising during the initial 7 day period are the only exceptions to the above clause 14.1.1

14.1.3. In the event that you elect to downgrade your tariff in the first 120 days from your initial billing date ("first period") we will invoice you the minimum sum of £100 plus VAT per handset. The charge will be dependant on the tariff selected at the time of the downgrade. Should you change your tariff during the first 120 days from your initial billing date, either up or down, the "first period" starts again. It is in your interest not to change tariffs in the first 120 days from your initial billing date. Certain Networks may not allow you to change tariff within the first 6 months of your contract. Also see 14.1.5

14.1.4. It is important to note that Orange will automatically downgrade to a Talkshare tariff any handset that we have connected for you, that subsequently has existing handsets added to them as sharers of the tariff set up by Beepy. In this instance clause 14.1.3 will apply. It is in your interest therefore not to add handsets, connected prior to that set up by Beepy, as sharers within the first 120 days from your initial billing date.

14.1.5. It is important to note that some networks and service providers will not allow you to downgrade your tariff during your contract; It is therefore in your interest to select the lowest tariff that is most suitable for your needs at the commencement of your contract. You may upgrade your tariff with all networks.

14.2. Should you have supplied us with your credit or debit card details you hereby expressly authorise us to deduct the above amounts from your card account in the event of either of the above conditions arising.

15. Orders Taken via the Telephone

15.1. We aim to give the most accurate and up to date information available when taking telephone orders. However Beepy cannot be held responsible for networks, service providers, manufacturers and their distributors who from time to time change specifications, terms and conditions and offers.

15.2. Having read our terms and conditions we recommend that you check the appropriate network and service provider terms & conditions and charges to ensure that you are completely satisfied with these. 

15.3. By ordering over the telephone it is deemed that you have read and accepted our terms and conditions.

16. Free Gifts And Upfront Cash Backs

16.1. How to claim
All you need to do is return your claim form signed, along with your "first paid" mobile phone bill.(This will be the 2nd bill you receive from your chosen network or a copy bank statement showing this payment along with your first bill). Bills received after this date will not qualify for their gift. Bills must not show “outstanding money” from previous bill or any “changes to your tariff originally connected at point of order”. Alternatively should you wish to receive your gift sooner please refer to our documentation that will enclosed in your delivery. Please take copies before you send these bills to us as we will not be able to return them. Claim documents will be processed 7 days after delivery and must be received within 90 days of connection. Claims received after 90 days will not be paid and classed as void.

16.1b If you would like to receive your free gift without sending proofs and would prefer to send in two paid mobile bills as referred to in 16.1 above we will accept a refundable deposit of the market value of the chosen gift which will be refunded to you on safe receipt of your paid mobile bills.


16.2. There are no restrictions to the number of Upfront Cash back or gift offers a customer can take.

16.3. Claims will only be accepted if accompanied by the appropriate documentation sent out to you with your order.

16.4. All Upfront Cash back claims will be paid by cheque and made payable to the customer details supplied to us when ordering the mobile phone. This offer is non transferable. 

16.5. All successful claims will be paid within 28 days of receiving your claim. The actual date that you should expect the payment will be sent to you by email when we confirm that your claim has been successful.

16.6. Please note that FREE gift images are for illustration purposes only and colour may vary (e.g. Sony PSP either black or white)

16.7. All Free gifts are offered subject to their availability at time of claim; in the event of a gift being unavailable we reserve the right to substitute for an equivalent or better. (For example a HP Laptop may be replaced by an equivalent product made by Sony etc).

16.8. All free gifts are supplied with a manufactures warranty; it is the customers’ responsibility to register the warranty with the relevant manufacturer. 

16.9. Please inform us if you have not received your upfront cash back voucher within 14 days of connection of your handset, after this time we will not be able to replace cash back vouchers. 

16.10. All claims are subject to the terms and conditions set out herewith and claims which do not conform to these terms and conditions will be void.



16.11. Automatic Free Gift Dispatch.
For limited periods, as indicated on the website, Free Gifts may be automatically shipped to new and existing customers without the need to send a claim. In this event, Free Gifts that are in stock at the time of ordering will be dispatched for delivery within 7 days of your order. This is based on standard delivery time-scales of our delivery providers; we cannot be held responsible for any delays to deliveries that occur after Free Gifts have been passed to these providers. The ordering cut-off time is 3.00pm. For orders placed after this time, the 7 day delivery period starts from the day after the order is placed. Where your mobile contract is terminated before its standard end date you will be required to pay the retail price of the free gift item in full.



17. Line Rental Redemption / Redemption Cashback

17.1. Line rental refunds for 12  & 18 month contracts, text pack/bundle refunds and cash backs will be paid in four equal amounts on timely redemption of each of the four claim vouchers (supplied with your mobile phone), with the appropriate network bills.
Make your claim by sending in:
- your first five airtime bills (where your first bill is the first correspondence from your network requesting ANY payment) and your first claim voucher within 60 days of the date on your 5th airtime bill;
- your 6th and 7th airtime bills and your second claim voucher within 60 days of the date on your 7th airtime bill;
- your 8th and 9th airtime bills and your third claim voucher within 60 days of the date on your 9th airtime bill;
- your 10th, 11th and 12th airtime bills and your fourth claim voucher within 60 days of the date on your 12th airtime bill.
All claims should be received within the time period set out on each voucher. Bills received after the period specified will not qualify for line rental refunds or cash backs. Each bill must show that your tariff has not changed since the time of connection.

17.2a Only Original bills or clear, legible photocopies will be accepted. Copies sent by fax will not be accepted. Please take copies before you send original bills to us as we will not be able to return them. We strongly advise you to send your bills by Recorded or Special Delivery. We may request originals in certain circumstances.

17.2b 12 Months FREE line rental offers are LIMITED to 2 per Household per year.

17.3. Claims will only be accepted if accompanied by the appropriate cash back voucher.

17.3a. All Upfront Cash back claims will be paid by cheque and made payable to the customer details supplied to us when ordering the mobile phone. This offer is non transferable.
17.3b. All successful cash back claims will be paid in approximately 30 days of receiving your claim, this may be effected by bank holidays. The actual date that you should expect the payment will be sent to you by email when we confirm that your claim has been successful.

17.8. All claims are subject to the terms and conditions set out herewith and claims which do not conform to these terms and conditions will be void.
Claims should be posted to:
Redemption Department at Beepy
Beepy Mobiles
4 Church Street
Warsop
NG20 0AH 

Your claim will be processed once the relevant statements have been received. Should you not receive communication from us within 56 days of sending the statements, contact customer services at claims@beepy.co.uk. 

18. Fonesure Premium Terms & Conditions
Definitions
1.“We/Us/Our” shall mean Fonesure Limited (“Fonesure”)
2. “You/Your” shall mean the private individual or company detailed on the policy schedule
3. “Equipment” shall mean the Mobile Phone and its battery and mains charger as specified on the policy schedule including any replacement Equipment provided by or loaned by Us
4. “Unattended” shall mean not within Your sight at all times and/or out of Your arms-length reach
The Cover UK Underwriting Ltd on behalf of AXA Insurance UK plc Registered Office 5Old Broad Street London EC2N 1AD Registered in England No 78950 (the insurer) will subject to the exclusions and conditions indemnify You by payment or at its option by replacement (with identical Equipment or Equipment of comparable specification up to a maximum retail value of £500) or repair in respect of accidental damage liquid damage or theft of the Equipment occurring during the Period of Insurance. 
Exclusions The Insurer shall not be liable for 
1. theft of the Equipment from any unattended vehicle unless all windows are closed all doors are securely locked all security devices are activated and the Equipment is concealed from view in a locked glove compartment locked boot or locked load area 
2. theft of the Equipment from any premises or mode of transport unless involving forcible and violent entry or exit 
3. theft of the Equipment from the person of the user unless involving force or the threat thereof 
4. theft of the Equipment whilst left Unattended when it is away from your home 
5. repair or replacement arising as a result of negligent use wilful abuse or misuse 
6. damage to the battery or aerial or any cosmetic damage 
7. the cost of replacing or repairing accessories or costs arising from the use of accessories 
8. the cost of routine inspection service adjustment or cleaning
9. any amount recoverable under any guarantee warranty or other insurance 
10. loss of the Equipment loss of use or consequential loss of any kind 
11. repairs carried out by persons not authorised by Us 
12. the policy excess as detailed below
13. the cost of replacing any stored data including but not limited to tunes songs personalised ring tones pictures films or graphics
14. any damage or fault caused by any form of electronic virus
Conditions
1. The schedule and the policy shall be read together as one document and any word or expression to which a specific meaning has been attached shall bear such specific meaning wherever it may appear 
2. All reasonable precautions must be taken to prevent damage to or theft of the Equipment
3. Details of any replacement of the Equipment (IMEI/serial number) must be advised to Fonesure with proof of purchase in writing or by e-mail to Fonesure (insure@fonesure.com)
4. Cover under this Insurance Policy is subject to the payment of the premium by direct debit/credit card Premiums must be up to date and are non-refundable after the insurance cover has commenced other than during the cooling off period
5. This policy will be voidable in the event of fraud non disclosure or alteration of risk
6. Each party is entitled to cancel the insurance at any time giving not less than 30 days notice to the other in writing 
Policy Excess
You will be responsible for the first £25 of your first claim increasing to £40 for any subsequent claims

You will be responsible for the first £40 of your first and subsequent claims for 3G handsets 
Claims Procedure
In the event of a claim You must : a. advise the police within 24 hours if there has been theft or vandalism and obtain
a Crime Reference Number Lost property numbers are not acceptable in support of a claim
b. advise Fonesure by telephone as soon as possible and in any event within 48 hours on the claims hotline number - 0870 416 3355
c. provide at Your own expense a claim form and all details and evidence as may be reasonably required within 30 days of receipt
d. notify the appropriate air time provider within 12 hours of discovery
Orange 07973 100150 T-Mobile 08454 125000 Vodafone 07002 191191 0-2 08705 860860 3 08707 330333
UK Underwriting Ltd are an agent of the Insurer and in claims matters act on behalf of the Insurer 
Territorial Limits
Great Britain Northern Ireland Isle of Man The Channel Islands or the Republic of Ireland and up to 60 days during any one calendar year elsewhere in the World 
Compensation Scheme AXA Insurance UK plc are covered by the Financial Services Compensation
Scheme (FSCS) You may be entitled to compensation from the scheme if they cannot meet their obligations This depends on the type of business and the circumstances of the claim Most insurance contracts are covered for 100% of the first £2000 and 90% of the remainder of the claim You can get more information about compensation scheme arrangements from the FSCS Fonesure AXA Insurance UK plc and UK Underwriting Ltd are authorised and regulated by the Financial Services Authority This can be checked on the FSA's register by visiting the FSA's website at www.fsa.gov.uk/register or by contacting them on 0845 606 1234 
Period of Insurance This insurance commences at the time of purchase for a period of one month and will continue to be renewed by periods of one month for up to a maximum of 60 months in all upon receipt of Your monthly premium
Cooling off period 
You may cancel this policy within 14 days of receiving it by contacting Us at the address shown in this policy Provided no claim has been made a full refund of premium paid by You will be given 
Insurance Complaints Procedure
It is the intention to give you the best possible service but if you do have any questions or concerns about this Insurance or the handling of a claim you should in the first instance contact the Scheme Administrator The contact details are: Scheme Administrator Fonesure LimitedSuite 7 Chalkwell Lawns 648-656 London Road Westcliff on Sea Essex SS0 9HR Tel (0870) 416 3353 Fax (0870) 416 3354 Email enquiries@fonesure.com Please ensure your policy number is quoted in all correspondence to assist a quick and efficient response In the event you remain dissatisfied and wish to make a complaint you can do so by contacting the following: The Claims Manager UK Underwriting Ltd 2 Gibraltar House Bowcliffe Road Leeds LS10 1HB If it is not possible to reach an agreement you have the right to make an appeal to the Financial Ombudsman Service This also applies if you are insured in a business capacity but have a group annual turnover of less than £1 million or are acharity with an annual incomeof less than £1 million or are a trustee of a trust with a net asset value of less than £1 million You may contact the Financial Ombudsman Service at Financial Ombudsman Service South Quay Plaza 183 Marsh Wall Docklands London E14 9SR Tel; 0845 080 1800 This does not affect your statutory rights
Law applicable to the contract Under United Kingdom law the parties to the contract have the right to choose the law which should apply In the absence of any agreement to the contrary English law will apply
Data Protection The data supplied by You will be used by Us for the purposes of processing Your policy of insurance including underwriting administration and handling any claim which may arise The data supplied may also be used by Fonesure or any group company to contact You from time to time in order to notify You of other goods and services that We offer If You do not consent to such use of Your personal data please email Us at enquiries@fonesure.com As part of our service we will enter your mobile phone and insurance details into the Immobilise Database For more information on this service please go to www.immobilise.com It is important that the data You have supplied is kept up to date You should therefore notify us promptly of any changes. You are entitled upon payment of an administration fee (currently £10) to inspect the personal data which we are holding about You. If You wish to make such an inspection You should contact: Fonesure Limited Suite 7 Chalkwell Lawns 648-656 London Road Westcliff-on-Sea Essex SS0 9HR We may respond to enquiries by the Police concerning Your policy in the normal course of their investigations. Where it is necessary to administer Your policy effectively or to protect Your interests we may disclose the data You have supplied to other third parties such as solicitors loss adjusters motor garages engineers repairers replacement companies other insurers etc We may exchange information with third parties for the purposes of fraud protection and credit risk reduction We may transfer our bases containing Your personal information if we sell Our business or part of it .
Website ownership.

This website is owned and operated by;

Shebang Distribution
4 Church Street
Warsop
NG20 0AH 
______________________________________________
Last Updated: Wednesday, 17 Dec 2008 12:52:51
MD5 Checksum: 05CC2E4A00E169B98E7710C754AB3E78

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Vodafone Contract Terms and Conditions

General

1. All prices include VAT, which will be charged where applicable, unless otherwise stated.

2. Prices and promotions are correct at time of going to press, but may change at any time. We will inform our customers of changes to their price plan in line with their airtime agreement.

3. Prices and information apply for pay monthly services where Vodafone Limited is the Service Provider. Other Service Providers may have different prices and terms.

Your connection with Vodafone

4. Connections include a SIM card and are subject to status and signature of an airtime agreement. The agreement will be for a minimum term of 12 months, during which time you must pay the monthly line rental and other charges.

5. You may change your price plan for free at any time.

6. Itemised bills list each chargeable call (including GPRS) and messages (picture and text messages) made. For new airtime agreements, this service costs £1.50 a month.

7. If you prefer not to set up a direct debit to pay your monthly charges, a monthly fee of £3.53 is charged.

8. If you are on a Vodafone Business price plan or on another price plan that you use for business purposes, you will be treated as a business user not as a consumer, even if some calls are made for personal use.

Calls from your Vodafone mobile

9. Daytime rates apply 8am-7pm, Monday to Friday. Evening rates apply 7pm-8am, Mon. to Fri. Weekend rates apply all day Saturday and Sunday.

10. All prices except roaming prices are for calls made from within the UK.

11. There is no charge for calls that are not answered, but in some cases charges are made by a network for recorded announcements.

12. The minimum call charge for voice, WAP and data calls on Anytime, Daytime and Evening and Weekend plans is 5p. For all other pay plans the minimum charge for a voice or WAP call is 1p. and for a data call 5p.

13. Calls are charged by the second, except some roaming calls. Individual calls are charged excluding VAT and rounded up or down to the nearest tenth of a penny (0.05p and above being rounded up). The total of all calls and other charges on your monthly bill is then rounded down to the nearest penny and VAT added.

Calls to your Vodafone mobile

14. You are not charged for receiving calls to your Vodafone mobile phone number unless you are roaming on a foreign network. You will be charged for the international leg of calls to your Vodafone mobile phone number received while you are abroad.

15. The charges for calls to your Vodafone mobile phone number from a fixed line or other mobile network are set by the other network operator. The standard charges made by BT for a call from a BT fixed line to a Vodafone mobile phone number are: Daytime (Mon-Fri 8am-6pm) 19.93p, Evening (Mon-Fri 6pm-8am) 10.22p and weekend (all day Saturday and Sunday) 3.98p. Total call charges are rounded and VAT added in accordance with BT's current policy. BT's minimum call charge is 5p. Different prices apply to BT discount schemes, BT Public Payphone calls, BT Chargecard cards and calls made via the operator.

Text messages, MMS, WAP and GPRS

16. You are not charged for receiving text and picture messages, except for reverse charged messages and when roaming on some networks. Reverse charged messages should only be sent to you with your permission as part of a service you are buying.

17. A standard text message contains up to 160 characters. Some handsets allow you to send messages of more than 160 characters, in which case the message will be divided into the number of messages of 160 characters required to convey the message and each such message will be charged at the standard text message rate. Standard text message prices exclude premium rate, international, roaming, reverse charged and long text messages. Only standard text messages are included in price plans with inclusive text messages.

18. Using Vodafone MMS you can send long text messages and picture messages. A long text message is limited to a maximum size of 1.5kb (usually about 500 characters although some handsets have a minimum message size greater than this). A picture message is a message between 1.5001Kb and 30kb.

19. Prices for WAP calls are for calls made to the Vodafone WAP Gateway number 07836 900808.

20. To access WAP or the Internet by GPRS, you must be connected to a GPRS price plan. GPRS price plans (including one with no monthly charge) are available with all normal price plans. Anytime, Daytime and Evening and Weekend plans include GPRS.

Try Me Bundles and Half Price Extra Packs

21. Try Me bundles will be subject to change at Vodafone's discretion.

22. Try Me bundles and Half Price Extra Packs will not be carried over to the following month.

International and Roaming services

23. International and roaming services are subject to status. Roaming charges may vary according to the foreign network and exchange rates and may include minimum charges.

24. If you send a text message while abroad, you are charged by the foreign network and by Vodafone Limited. Vodafone Limited apply your normal rate or inclusive text message eligibility for that text message.

25. If you use GPRS while abroad, the usage is not eligible for GPRS bundles.

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T-Mobile Telephone Service Terms and Conditions.

1 Definitions
These words have the following meanings:
‘accounts’ – collectively, the pay monthly and pre paid accounts;
‘additional services’ – services other than basic services supplied with your price plan or optional services outside your price plan;
‘allowance’ – any applicable monthly (or other periodic) allowance of services which forms part of your price plan, or for which you have otherwise subscribed;
‘anticipated savings’ – costs you expected to avoid by using equipment or services;
‘call charges’ – charges for services you use; ‘cancellation charge’ – a charge applied to your account for cancelling this agreement or an individual SIM card before the end of the minimum period of a SIM card. This figure will be calculated as follows:
(i) for consumers who agree to a 12 month minimum period, or for business registered customers, by adding together all outstanding monthly (or other periodic) price plan charges for the remainder of the minimum term; and
(ii) for consumers who agree to a minimum period of longer than 12 months, but who cancel before month 12, in addition to the cancellation charge referred to at (i) above we may charge you a supplementary fixed fee, which will vary depending on the price plan you connected to. The supplementary fees are set out in our booklet of charges ‘What it costs’. The charge payable will be calculated from the date this agreement commences (or the date of connection of the individual SIM card being cancelled, as applicable) to the date that you cancel. For cancellations after the initial 12 month period but within your minimum period, we will only charge you the supplementary fixed fee, to be calculated from the date this agreement commences (or the date of connection of the individual SIM card being cancelled, as applicable) to the date you cancel.
The cancellation charge will then be reduced by 4%;
‘charges’ – monthly charges, call charges and any other charges relating to this agreement or the services;
‘consumer’ – a real person acting for purposes outside his/her business;
‘content’ – all information whether textual, visual, audio or otherwise, appearing on or available through the services whether supplied by us or by content providers;
‘equipment’ – any equipment approved for connection to the network which you use with a SIM card;
‘event’ – means the use of a service which results in a record on your account;
‘event date’ – the time and date at which a service has been recorded on your account;
‘monthly account’ – the account in which we record your charges for services you elect to pay in arrears, and for which we send out monthly bills;
‘monthly charges’ – monthly charges for ongoing access to the services;
‘network’ – the phone system which provides the services;
‘payment terms’ – the terms by which we manage your account and the ways you pay the charges;
‘prepaid account’ – the account in which we record your credits and charges for services you elect to pay for in advance;
‘process date’ – the date on which services you have used are applied against your allowance;
‘severe disruption to the network’ – a breakdown in over 90% of the network which lasts for 3 days or more;
‘services’ – services including additional services provided to you by us;
‘SIM card’ – the card used with equipment to get services;
‘the agreement’ – the agreement between you and us for the services which these conditions apply to;
‘you’ and ‘your’ – the customer;
‘virus’ – any manipulating program which modifies other programmes and replicates itself;
‘we’, ‘us’ and ‘our’ – T-Mobile (UK) Limited trading as T-Mobile.

2 Our Agreement
(a) This agreement applies from when we accept your request for service or you buy equipment through our upgrade scheme, as applicable. If we reject your request but you incur charges, we can recover such charges from you.
(b) We will open an account in your name and apply charges to it. We will connect you to the services as soon as we can.
(c)
(i) We will issue each SIM card for the minimum period set out on the agreement form. The period starts from when we make the services available to you by the SIM card.
(ii) if you enter this agreement to buy equipment through our upgrade scheme then, unless we otherwise agree, a new minimum period will apply to your nominated SIM card. In this case that period starts from the date of your upgrade registration.
(iii) you must tell us if you want to cancel this agreement or a SIM card. You may have to pay a cancellation charge if you cancel within a SIM card’s minimum period (see 2(c)(i) and (ii)). A cancellation charge is not payable if you are cancelling because:
(A) our entitlement to operate the network ends; or
(B) we want to increase a charge to you and the increase, (when calculated as a percentage) will be more than the increase in the Retail Prices Index Figure, the RPI (also calculated as a percentage) for the 12 months before the month in which we send you notice of the increase (see 4(g)). We will tell you if the increase will be more than the increase in the RPI. You must tell us you want to cancel before the increase happens; and/or
(C) you entered into this agreement as a consumer and we have changed these conditions (see 4(g)) and that change is of material detriment to you.
(d)
(i) if a SIM card is lost, stolen or damaged, call Customer Services for a new one (see 4(e)). We may charge for a replacement.
(ii) we own the SIM cards. You can only use a SIM card to use the services.
(iii) we can change a SIM card’s phone number(s) if we have a good reason, for instance, a legal reason. We will give you 30 days written notice. We will tell you why.
(e) We may set and change credit limits for charges. We can stop you using services if your limit is exceeded. Charges are not capped by any limit we set as some call charges, especially 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.

3 Providing services
(a) We will always try to make the services available to you but sometimes they may be affected by things we can’t control, for example, the weather and faults in other phone networks.
(b) We will use reasonable endeavours to maintain content but it may be incomplete, inaccurate, or out of date and is provided to you on an ‘as is’ basis.
(c) We will not be liable to you or any other party for any action you take in reliance upon the accuracy, completeness or continuous supply of the content.
(d) It is your responsibility to evaluate the value and integrity of goods and services offered by third parties by means of the services. We will not be a party to nor in any way be responsible for any transaction concerning third party goods and services.
(e) The service enables access to content. We may vary the availability of content or the technical specification of services.
(f) The services are made available provided you are in range of base stations forming part of the network when trying to use the services, and that you comply with the following conditions. Any failure to comply with these conditions shall be a material breach of this agreement:
(i) they are not used for anything unlawful, immoral or improper;
(ii) they are not used to make offensive or nuisance communications in whatever form, or to make or receive reverse charge calls;
(iii) they are only used with equipment approved for use with the network and all relevant laws and rules are followed;
(iv) 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;
(v) they are not used to access or use content in a way that infringes the rights of others;
(vi) they are not used otherwise than in accordance with any connected networks’ policies for acceptable use, and (if appropriate) any relevant internet standards;
(vii) you give us information we reasonably ask for; and
(viii) all reasonable instructions we give you are followed.
(g) We reserve the right to suspend, amend or withdraw part or all of the additional services on giving reasonable notice. Charges for and any special terms over and above these terms and conditions attached to additional services will be notified in customer literature and our booklets of charges.
(h) You must obtain our express prior written consent before:
(i) operating, 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; or
(ii) selling or attempting to sell or otherwise providing commercial services using our network to any third party. Failure to obtain this consent will give us the right to terminate in accordance with 6(a)(ii).
(i) 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.

4 What and how you pay
(a) Our charges are set out in our booklets of charges. We update these booklets from time to time. You can obtain a copy by calling Customer Services or referring to our website.
(b) You may pay charges in two different ways. You can elect to pay for certain services in arrears and other services in advance.
(c) Monthly account
(i) There is a monthly billing period for services you elect to pay in arrears. We will issue you with a bill every month. Monthly charges are for the month to come. Call charges are for the month just passed and any earlier time if not previously charged for.
(ii) You must pay your bill by the date set out on it. If you don’t we can stop you using services and charge interest on what you owe at 2% above the base rate of HSBC Bank plc. We will use the base rate in force on the date of the bill and charge interest, on a per annum basis calculated daily, until you pay. If you don’t pay a bill by the date set out on it we can terminate this agreement immediately except where
(A) you have a genuine dispute with us; and
(B) before the date by which your bill must be paid, we have received from you written notice setting out the details of your dispute, including the amount of your claim against us and the amount you intend to withhold. 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 do not then we can terminate this agreement immediately. These rights are in addition to any other legal rights we may have against you.
(d) Prepaid account
(i) We may allow you to pay for some services in advance. On receipt of such allowance payment we will apply credits to your pre paid account, and deduct charges from the credits for those services you choose to pay for using this account.
(ii) We reserve the right to use credit balances from your pre paid account to offset any amount you may owe us for services you pay in arrears. Pre paid balances will only be applied against your monthly account where your monthly account is put into suspension for non payment, or in accordance with 4(i)(ii).
(iii) As charges are incurred they will be deducted from amounts credited against your pre paid account. Call charges are deducted at the time a call is made. 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 booklets of charges. You are responsible for all charges correctly deducted in accordance with this clause.
(iv) If at the time we attempt to deduct periodic service charge(s) for services you have chosen to pay for in advance, and you do not have enough credit on your pre paid account to pay for the whole of the service charge, you will continue to be able to use that element of the service, but your charges may vary for the service. We will endeavour to inform you where your periodic service charge fails.
(v) When all credits on your prepaid 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 credit is made to your prepaid 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 is connected to the network. You may receive calls and text messages (except for any reverse billed services) whilst your SIM is connected to the network.
(e) You are responsible for all charges applied to your accounts except call charges applied after you called Customer Services to advise that your SIM card has been lost or stolen (see 2(d)(i)).
(f) We can change these conditions if new laws or rules make it necessary. We will write to you straight away if we do.
(g) We can change these conditions for any good reason, for instance, if we want all customers on the same conditions. We can change charges or change or withdraw your price plan (see 2(c)(iii)). We will write to you (by postal or electronic means) 30 days before we increase our charges or withdraw your price plan. If we change conditions we will tell you why.
(h) 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.
(i) 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 can use your deposit to pay what you owe except where
(i) you have a genuine dispute with us; and
(ii) before the date by which your bill must be paid, we have received from you written notice setting out the details of your dispute, including the amount of your claim against us and the amount you intend to withhold and that you do not want us to use your deposit to pay the amount you intend to withhold. 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 do not then we can use your deposit or any credit that you have in your pre paid account to pay the difference. We will not pay interest on deposits.
(j) Services you have used will be applied against your applicable allowance(s) on the process date and not the event date. Where there is a delay in processing an event, usage may be applied against your next periodic allowance, and your call charges will be calculated accordingly.
(k) 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 purposed.

5 Liability
(a) We are only liable to you as set out in this agreement. We have no other duty or liability to you.
(b) Nothing in this agreement removes or limits our liability for death or personal injury caused by something we have done or failed to do.
(c) Except as set out in 5(a) and 5(b), 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.
(d) If you did not enter this agreement as a consumer, we are not liable to you in any way for any 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 or profits; loss of property or loss of use of property.
(e) If you entered this agreement as 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.
(f) You must tell us about any claim as soon as reasonably possible.
(g) We will not be liable to you if we cannot carry out our duties or provide services because of something beyond our control.
(h) Section 5 will apply even after this agreement has ended.

6 When we may suspend or disconnect the services
(a) We may suspend the services or terminate this agreement and disconnect any SIM card(s) from the network without warning if:
(i) the network breaks down or needs maintenance. We will try to make sure this does not happen often; or
(ii) you or anyone who uses your SIM card does not keep to the conditions of this agreement or any other agreement with us; or
(iii) you or anyone who uses your SIM card damages the network or puts the network at risk, or abuses or threatens our staff; or
(iv) you refuse to give us a deposit or extra deposit.
(b) We may suspend services if your credit limit is exceeded. We will not charge you to reinstate services following suspension alone.
(c) You are liable for charges during suspension or disconnection 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 or where the network completely broke down.
(d) We can charge to reconnect you to the services except where something in 6(a)(i) happened. We can change your payment terms as a condition of reconnection.

7 When the Agreement ends
(a) You can cancel this agreement by notifying Customer Services you want to terminate. If you are cancelling because we have increased a charge above RPI or we have changed these conditions and that change is of material detriment to you (see 2(c)(iii)), your agreement will terminate immediately. We will refund credit on your prepaid account if before the increase occurs you have written to us requesting that we disconnect your SIM, and refund credit on your prepaid account at the time of disconnection. Otherwise, whether you are within the minimum agreement period or outside it, your agreement will terminate one calendar month from receipt of that notice. You will be responsible for all charges including the monthly charges up to and including the date of termination. You are free to restore your agreement throughout the notice period.
(b) We will not refund prepaid credit in any circumstances except as set out in 7(a) above.
(c) We can cancel this agreement immediately if any of the following happen:
(i) you break an important condition of this agreement or a number of less important conditions;
(ii) you break a less important condition of this agreement and do not put it right within 7 days of us asking you to;
(iii) you are unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986); you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition, receiving order or administration order against you to make you bankrupt; you are a limited company and a resolution to wind you up is passed or a receiver or administrator is appointed over all or part of your assets (otherwise than for a solvent reconstruction or amalgamation). We can also cancel this agreement if we think any of these things or something similar may happen; (iv) any licence to run the network is ended;
(v) any information you give to us is not true at the time you give it.
(d) You must pay everything you owe us if the agreement is cancelled. If we cancel the agreement for a reason set out in 7(c)(i), (ii), (iii) or (v), you must pay everything you owe us including a cancellation charge for any SIM card still within its minimum period (see 2 (c)(i) and (ii)). If we cancel this agreement for a reason set out in 7(c)(iv), you must pay everything you owe us but you will not have to pay a cancellation charge.

8 Internet Access
If you have equipment which enables access to the internet the following terms and conditions also apply to you:
(a) Either ourselves or our contractual partners 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 the content contained on any third party sites or resources accessed via the services.
(b) 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.
(c) 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 by using our services or via our web site, are solely between you and that third party, unless we specifically state otherwise.
(d) Your ability to access a secure internet environment will be dependent on your equipment and the third party supplier of content.
(e) 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. In accordance with 4(e), you remain responsible for all charges applied to your accounts for the use of any services activated by such a virus.

9 General
(a) You may not 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.
(b) We can record any conversations between you and our staff.
(c) Unless you have agreed otherwise we will send all bills 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: Customer Relations, T-Mobile, Hatfield Business Park, Hertfordshire, AL10 9BW.
(d) 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.
(e) This agreement shall not confer any benefit on a third party under The Contracts (Rights of Third Parties) Act 1999.
(f) 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 arbitration under the CISAS scheme details are set out in ‘code of practice for consumer affairs’. We will give you a copy if you ask for it.
(g) 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.
(h) 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. How we use personal information.
In order that we can supply you with telephone services, T-Mobile 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. If you have a T-Mobile phone we hold your account information. As you use your mobile phone, some records are kept for statistical purposes. This data helps us understand and serve our customers better and improve our telephone 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 to Customer Services 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 a fraud prevention agency. If you give us false information which leads us to suspect fraud we will record this.
We and other organisations may use and search these records to: Make decisions about credit, and credit related services, for you and members of your household; Make decisions on motor, household, credit, life and other insurance proposals and claims, for you and members of your household; Trace debtors, recover debt, prevent fraud and to manage your accounts or insurance policies; and 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.
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 information you require. We’ll charge you £10 to cover the cost of supplying the information. If we hold any inaccurate information about you we will correct it.
Our address is:
T-Mobile, Hatfield Business Park, Hertfordshire, AL10 9BW.

The main points of our agreement.
1 The SIM card has been issued for the minimum period set out on the agreement form. You may have to pay us a cancellation charge if you cancel a SIM card within that time. After your minimum period has ended you can cancel without having to pay a cancellation charge.
2 You can phone us and end your agreement or cancel a SIM card at any time. Please be aware that a cancellation charge may apply (see above). Your agreement will terminate one calendar month from our receipt of your notice. You are free to restore your agreement throughout the notice period.
3 You may pay for some services in arrears, and other services in advance. We may use credit balances from your pre pay account to offset against amounts you owe us if your monthly account in put into suspension for late payment.
4 We will issue you with a bill each month for those services you pay in arrears; please pay it by the date set out on it to ensure continued service.
5 If either your phone or SIM card are lost or stolen, please call Customer Services at once. You will have to pay for any calls made before you told us.
6 We will try to provide a high-quality phone service to you at all times. However, because T-Mobile is using radio technology, we cannot guarantee that we will be able to provide service. Service can be affected by factors outside our control for example, buildings, tunnels, hills or faults in other networks.
7 We will write to you and tell you of any increase in our charges 30 days before it happens. In most cases we will write to you and tell you of a change in our conditions 30 days before it happens. We can change your payment terms if we think we have to.
8 We can set and change credit limits for charges. If you go over your credit limit, your service may be interrupted.
9 If you replace a phone under our upgrade scheme then you will enter into a new minimum term on your existing SIM card.
10 We can at any time ask you for a deposit (or an extra deposit) as security for charges.

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Orange Contract Terms and Conditions

1. definitions

The following words and expressions shall have the following meanings:

Accessories:
Products approved by Orange which you use in conjunction with your phone. 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.
Bar:
a block placed by us on some or all of the Services you normally use (except for calls to emergency services).
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.
Contract:
the terms and conditions described in this leaflet which are binding on both you and Orange for each phone you connect to the Orange network.
Customer Literature:
printed matter published by Orange which provides information on Orange Services. It may be distributed with new Phones 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.
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 period of 12 months commencing on the date of Registration.
Monthly Billing Date:
the day in each month on which your billing statement will be issued after you have been connected.
Network:
the public telecommunications system by which Orange makes Services available in the United Kingdom.
Orange Additional Services:
optional Services (including Roaming and International Calling) which cost extra whether they are supplied in conjunction with Price Plans or outside Price Plans.
Orange: Orange Personal Communications Services Limited, or any organisation that may succeed it as the assignee of this Contract.
Phone:
a mobile telephone (excluding Accessories, but including the charging unit and SIM which remains the property of Orange) which is approved by Orange for connection to its Network.
Price Guide:
a publication which lists our current Charges and which is updated from time to time.
Price Plan:
a bundle of airtime and supplementary Services offered by Orange for an agreed monthly payment.
Registration:
our acceptance of your application for Services and our record of your Customer and User data prior to Connection. "Register" has a corresponding meaning.
Roaming:
An optional Service which allows you to use your Phone 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.
SIM:
a card or other device 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 12 months

2.1 For each Phone you own, your Contract starts on the date of Registration and has a Minimum Term of 12 months.

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. provision of Services

what we aim to provide in the UK
3.1 We will take all reasonable steps to make all Services available to you at all times. The Services are only available within the range of the base stations that make up our Network. However, please note that:

3.1.2 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, and faults in other telecommunication networks to which the Network is connected.

3.2.2 The quality of our Services may not be at its best inside buildings or below ground.

Services may sometimes be affected by maintenance and upgrading
3.3 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 provide alternative Services and to keep the period of non-availability to a minimum. However, some interruption may be inevitable.

suspension of Services if you break your Contract
3.4 We may suspend some or all of the Services you use, without giving you notice, if we have good reason to believe that you haven't complied with one or more of the terms of your Contract.

3.4.1 If you don't pay your bill within the time stipulated in Condition 6.2, we reserve the right to place a Bar on all outgoing calls from your Phone (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.

3.4.2 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.

suspension of Orange Additional Services
3.5 We reserve the right to suspend, either temporarily or permanently, part or all of any Orange Additional Service on giving reasonable notice.

monitoring the Services you use
3.6 For the purposes of good management and security, we may need to monitor the contents of any text message you send from time to time. We may also tape conversations between you and our customer services for training purposes.

roaming Services outside the UK
3.7 Roaming relies on the telecommunications systems of foreign networks, over which we have no control. We cannot therefore offer any guarantees about roaming 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 written 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 Charges still remaining on your initial Minimum Term agreement. 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 eleventh 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 Monthly 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.

termination of your Contract by Orange
4.4 We may terminate your Contract immediately at any time in respect of any or all the Phones owned by you, in whole or in part, by giving you written notice if:

4.4.1 you fail to pass any credit assessments which we may reasonably consider to be necessary from time to time

4.4.2 you fail to pay any of your bills from Orange on time

4.4.3 we have good reason for believing that any information you have given us is false or misleading

4.4.4 you become insolvent within the meaning of Section 123 of the Insolvency Act 1986, or bankrupt, or if we have good reason for believing that you are unable to pay the Charges

4.4.5 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.

disconnection of your Service by us without written notice
4.5 If we have good reason for believing that you have breached Conditions 6.4.2, 6.4.3, 6.4.4 or 6.4.5, we reserve the right to disconnect you from Network Services without notice. In such circumstances, we may also give you written notice that if you fail to correct this breach of Conditions within 7 days, we may terminate your Contract with immediate effect.

4.6 Orange reserves the right to terminate your Contract immediately if:

4.6.1 you have failed to correct a breach of Conditions 6.4.2, 6.4.3, 6.4.4 or 6.4.5 within 7 days of being given written notice to do so

4.6.2 you have breached conditions 6.4.1, 6.4.6 or 6.4.7 and have failed to correct that breach within 7 days of being given written notice to do so.

termination because Orange is no longer able to provide access to our Network
4.7 If, for reasons beyond our control, we are no longer able to provide Network Services, we will either:

4.7.1 make arrangements for you to be supplied with equivalent Services by another network at no extra cost to you, or

4.7.2 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 and Line Two
4.8 Termination of your Contract for any reason connected with Line One will result in automatic termination of Line Two.

5. after Termination

what to do after Termination of your Contract
5.1 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 billing statement.
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.

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 Limited. 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.

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 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 Phones 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).

7. multiple users

Where there are one or more Users other than you under your Contract, you remain liable 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.

text messages
8.2 It is not possible to send or receive text messages on Line Two.

Price Plan
8.3 You may not have a higher Price 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.

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 Phone 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. 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. 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.

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.
Deposits will be held for 12 months from the date of receipt and then refunded. 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 either by cheque or by crediting 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 Phone enables the Phone to work on our Network only Ð with the exception of Phones 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 Phone 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.

13. directory and Caller id
what to do if you want your number to remain private
13.1 We will enter your Orange number in directories, and our Network will allow the display of your Orange number on receiving handsets. If you prefer not to allow either of these options, please let us know in writing.

14. phones

your phone is not a part of your Contract
14.1 Your Phone 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 Price Plan and to indicate which Orange Additional Services you require. You may switch between Price Plans and add to or cancel Additionals by giving us not less than 10 days notice before your Monthly Billing Date (subject to the terms of any promotional offers you have accepted).

We do, however, reserve the right to vary the terms of this Contract from time to time and to make changes to your Price 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).

new services
15.2 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 Literature. 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 literature

please read all the information we send you
16.1 We update our Customer Literature 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 Literature and to keep it until it is superseded. We regard you as having been given any information if it is either:

We regard you as having been given any information if it is either:
a) included in a mailing addressed to you
b) in a text message sent by us to your Phone
c) communicated directly by any means.
17. assignment of Contract and change of ownership of phone

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 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 Phone to a new customer who has Connected the Phone to our Network
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 or 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 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, 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 15.2, 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.

delivering communications to you
19.3 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 text 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
19.4 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.

Orange company details
19.5 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
19.6 Your Contract is to be interpreted in accordance with the Laws of England and Wales.

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O2 Contract Terms and Conditions

1. Explanation of Certain Words

1.1 In this Agreement:"Account" means the account which records details of the amount of credits you have, from time to time; "Charges" means all the charges associated with the Service described in the Price List; "Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including all information supplied by content providers from time to time; "Mobile Phone" means a cellular telephone and a SIM Card approved by us for connection to our Network; "Network" means the cellular telecommunication system run by us; "Price List" means our periodically updated list of charges for the provision of the Service to customers; "Registration" means our acceptance of your application to register with us for the Service once you purchase calltime from us and 'Register' has a corresponding meaning; "Rights" means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content; "Service" means any or all (as the case may be) of the following services: airtime service enabling you to make or receive calls and to send and receive data by means of the Network, the ability to send and receive email via the Internet, the ability to access information from the Internet and any additional services we agree to provide to you; "SIM Card" means the card or other device bearing a unique telephone number programmed to allow a Mobile Phone to access the Service; "Terms and Conditions" means these terms and conditions and our current Price List; "Voucher" means a calltime voucher of the type described in your User Guide(s) which represents calltime; "User Guide(s)" means any guides or documentation supplied with your Mobile Phone either by us or by the manufacturer of your Mobile Phone, which explain to you how the Service works, how to purchase calltime and/or how to use your Mobile Phone; "We", "us" and "our" means O2 (UK) Limited of 260 Bath Road, Slough SL1 4DX; Registered in England under No. 1743099. "You" means the customer to whom the Terms and Conditions apply, and it includes a person who we reasonably believe is acting with your authority.

1.2 The Price List contains explanations, definitions, notes and conditions which form part of this Agreement. Copies can be obtained by calling the number which appears on your statement or if you have eCare and eBilling at the address we notify you by email.

2. Provision of and Use of the Service

2.1The Service is not available in all parts of the United Kingdom nor in all other countries and may be restricted to certain areas within those countries where access to the Service is possible.

2.2If you wish to make international calls or use our international roaming service we may ask you to demonstrate a satisfactory billing history or to pay a deposit which may be used to offset the cost of those calls. If you use your Mobile Phone abroad you will be charged for incoming calls. Roaming calls may also take longer to be billed.

2.3 We may using reasonable skill and care exercise our discretion to refuse to provide any part of the Service to you (other than the making or receiving of calls). Service is not fault free and it may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control and you will be entitled to the quality of Service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care.

2.4 We will do our best to provide Service to you by any date we have agreed with you but our ability to do so may be affected by circumstances beyond our control and we will not be liable to you if this is the case.

2.5We will allocate a number for use of your Mobile Phone on the Network. The number does not belong to you and may only be transferred to another service provider in certain circumstances (including payment of our costs) details of which are available on request.

2.6We or our agents may occasionally record or monitor some telephone calls, emails and any other communications between you and us (or our agents) for training and quality control and our lawful business purposes.

2.7We will use reasonable endeavours to maintain Content but it may be incomplete, out of date or inaccurate and is provided on an "as is" basis. It is a condition of us allowing you access to Content that you accept that we will not be liable for any action you take in reliance on Content.

2.8We may vary Content or the technical specification of Service from time to time.

2.9The Service enables access to Content. You may only use Content in a way that does not infringe the Rights of others ('Approved Use') and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast, or publish any part of Content other than for an Approved Use. The re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited save that you may print or download extracts of Content for your personal use only.

2.10You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services except in the case of negligence on our part.

2.11If you choose eCare it is a condition of this Agreement that you provide us with a current email address for billing purposes and that you maintain this address and advise us promptly of any changes to it. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.

3. Length of Agreement

3.1This Agreement commences on the day on which you connect to the Network or the day on which you receive your Mobile Phone, if later.

3.2At the end of any Minimum Period, this Agreement will continue until you cancel it in the way described in paragraph 8.2.

4. Things we may have to do

4.1Occasionally we may have to:
a. alter the number of your Mobile Phone, or any other name, code or number associated with the Service;
b. temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for reasons of security; c. bar certain numbers from the Service on a temporary or permanent basis in order to prevent fraud or in circumstances where O2 (UK) would suffer a direct loss.

5. Charges for Service

5.1Charges for using the Service will be calculated using the details we have recorded. As soon as the Network responds call Charges will start.

5.2Unless you have itemised billing the total amount for all Charges will be included as a single item on your bill.

5.3You must pay your monthly bill by the date stated on the bill. For any overdue payments we may charge interest at 2% above the base lending rate of HSBC Bank Plc. Interest is charged on a per annum basis, calculated daily. We reserve the right to make a charge for our reasonable administration costs which we incur in the case of late payment or non-payment of Charges.

5.4We may at our discretion apply a usage limit to your account (which we may alter by advising you) and may suspend your Service if this limit is exceeded. As our billing system is not instantly updated each time you use the Service it is possible, especially when making international calls or roaming, to exceed your usage limit. You will be liable for all Charges incurred including any Charges exceeding your usage limit. You may be asked to pay any Charges incurred in excess of your usage limit before Service is reinstated.

5.5You must pay the Charges to us or as we direct.

5.6We may require you to pay your charges by direct debit. An additional charge may apply if you pay by another method. If you are paying by payment card you authorise the payment card company to disclose to us and, under strict obligations of confidentiality, to our sub-contractors and agents, details about your payment card account in so far as is necessary in connection with your agreement with us and to inform us if your payment account is terminated or suspended at any time.

5.7Where a Mobile Phone is restricted to use on the Network we reserve the right to apply a charge for releasing or unlocking the Mobile Phone. Details of the charge are available by calling member services.

5.8Where tariffs include inclusive minutes, which apply to certain call types up to a monthly limit, unused inclusive call minutes cannot be carried forward from one month to the next unless expressly stated by us. In this context "monthly" and "month" mean your monthly billing period, which may not equate to a calendar month. Eligible calls will be set against inclusive minutes in the order in which such calls are made except for roaming calls which will be set against inclusive minutes in the month in which the calls are recorded by us following receipt of the relevant call records from the foreign network operator or clearing house.

5.9Monthly charges incurred for periods of less than a month will be calculated on a pro rata basis.

5.10Call charging rates which vary according to the time of day are billed according to the time of call initiation.

5.11Calls are charged in one second increments rounded up to the nearest second and then up to the nearest penny.

5.12All calls are subject to a minimum charge: 2p for voice calls and 5p for data calls which includes mobile internet calls.

5.13You may be charged to receive certain premium rated text messaging services.

5.14 We may require you to provide us with a deposit as a condition of providing Service to you or continuing to provide Service to you. We will hold this deposit until you have paid all sums due to us from you under this Agreement. No interest is payable on any deposit held by us. We will return the deposit or any balance on the deposit, if there are any sums due to us from you, on termination of this Agreement.

6. Your Responsibilities

6.1You must use your Mobile Phone, SIM Card and the Service in the way described in the User Guides or other instructions issued by us.

6.2You agree: a. that all factual information you provide to us is correct; b. to take adequate precautions to prevent damage to or unauthorised use or theft of the SIM Card and your Mobile Phone; c. that the SIM Card shall at all times remain our property; and; d. to inform O2 e-Care as soon as possible if your phone is lost or stolen (in office hours between 8am and 10pm) you can do this by using our Chat link by visiting http://www.O2.co.uk and selecting Help, then O2 Online Mobile Services, then Lost or Stolen Phone, or you can call us on 0906 3025151 (calls charged at 50p per minute). If you require an immediate bar outside of these hours please call the out of hours barring facility on 0990 214400) if the SIM Card or your Mobile Phone is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner and to co-operate with us in our reasonable security and other checks.

6.3If the SIM Card or your Mobile Phone is lost, stolen, damaged or destroyed you will be responsible for any Charges incurred until you have informed us.

6.4You must not use or permit any other person to use the Service a. fraudulently or in connection with a criminal offence; b. to send a call or message or send, upload, download, use or re-use any material which, in either case, is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, in breach of any Rights or privacy or otherwise unlawful; c. to cause annoyance, inconvenience or needless anxiety; d. other than in accordance with the acceptable use policies of any connected networks and (if appropriate) any relevant internet standards.

6.5You must tell us immediately by advising The Data Controller, via email at mycare@O2mail.co.ukif anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.

7. Our Rights to Bar or Disconnect Your Mobile Phone

7.1We can at our discretion bar your Mobile Phone from making calls (other than to the emergency services) and disconnect it from the Network if:
a. if any of the circumstances in paragraphs 8.1or 6.4 apply to you;
or b. in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a payment card, your SIM Card or Mobile Phone.

7.2You must pay an unbarring charge and, if applicable, a re-connection charge if the Service is temporarily barred and/or your Mobile Phone is disconnected from the Network for the reasons stated in paragraph 7.1. As a condition of unbarring or reconnecting your Service we may require you to authorise a direct debit authority for the payment of Charges.

7.3If we bar your Service because you break this Agreement, the Agreement will still continue. You must pay all Charges until the Agreement is ended by notice under paragraph 8.2.

8. Ending the Agreement

8.1In addition to anything else we can do, we can end the Agreement at any time if: a. you fail to pay Charges when they are due, including any deposit we have asked for or break this Agreement in any other material way; b. we have reasonable cause to believe that Service is being used in a way forbidden by paragraph 6.4, even if you do not know that the Service is being used in such a way; and you do not correct the situation within 7 days of our request, or if c. you are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors or if being a company you go into either voluntary or compulsory liquidation or a receiver is appointed over your assets.

8.2This Agreement may be ended either by you or us giving at least 30 days' notice. You must pay all Charges incurred during the Agreement.

8.3If this Agreement is ended during the Minimum Period, you must pay the monthly subscription charges up to the end of the Minimum Period. This does not apply if you end the Agreement for the reasons in paragraph 8.4.

8.4You may end this Agreement at any time by giving us written notice if: a. we break this Agreement in any way and we do not correct the situation within 7 days of your request; b. we go into liquidation or a Receiver is appointed over our assets; or c. we increase any of the Charges for the elements of the Service you are using or change this Agreement to your disadvantage. In this situation paragraph 8.3 will not apply.

9. Limitation of Liability

9.1We have no liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service provider. We do not accept liability for indirect or consequential loss, such as loss of profits, business, costs, expenses (unless such losses were reasonably foreseeable to both of us when this contract was entered into) or any other form of economic loss.

9.2We accept liability for death or personal injury resulting from our own negligence.

9.3If we are found liable to you our liability will not exceed £3,000 except under paragraph 9.2

9.4Each provision of this paragraph 9 operates separately. If any part is found by a Court to be unreasonable or inapplicable the other parts will continue to apply.

10.Except for the obligations under paragraphs 5, 6, 7 and 8, if either of us cannot do what we have promised in this Agreement because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities, we will not be liable for this.

11.Changes to the AgreementWe may change this Agreement and the Charges at any time. If we increase the Charges for the elements of the Service you are using or change this Agreement to your disadvantage we will give you 30 days notice before the changes take place.

12. Assignment

12.1You cannot transfer the Service to anyone else unless we agree in writing.

12.2We shall be entitled to assign or transfer our rights and obligations under this Agreement or any part of it on the same terms to any third party.

13. General

13.1Any notice under this Agreement must be in writing and delivered by hand or sent by pre-paid post to us at the address given on your statement or to you at the address stated in your application as your address or any other UK address you supply to us for this purpose. If you have eCare references in this Agreement to "in writing" include email and notices to us must be delivered at the address we notify to you by email or to you at the address stated in your application form as your email address or any other email address you supply to us for this purpose.

13.2You must tell us promptly in writing, or email us if you have eCare, if you change your name and address or there are any changes to your bank account or payment card arrangements which may affect your payment of the Charges.

13.3If you break this Agreement, and we choose to overlook it, we can still end it if you break this Agreement again and vice versa.

13.4If you do not want your number displayed on receiving handsets call Key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your Mobile Phone number on receiving handsets.

13.5You may address any complaints to mycare@O2mail.co.ukPlease. Please include your mobile number in any correspondence.

14. Third Party RightsThird parties cannot benefit from this Agreement under The Contracts (Rights of Third Parties) Act 1999.

15. This Agreement is governed by English law.

16. Use and Disclosure of Information

16.1You agree that we may search the files of credit reference agencies which will keep a record of that search. We may also carry out identity and anti-fraud checks. If you give us false or inaccurate information and we suspect fraud, we will record this. Details of how you conduct your account may also be disclosed to those agencies. The information may be used by us and other parties in assessing applications for credit and insurance (including motor, household, life and other insurances and claims) from you and members of your household and for debt tracing, credit management and crime, fraud and money laundering detection and prevention. Information may be used by us and other parties for statistical analysis about credit, insurance, fraud and to manage your account and insurance policies.

16.2You authorise us to use and disclose, in the UK and abroad, information about you and your use of the Service and how you conduct your account for the purposes of operating your account and providing you with the Service or as required under law to our associated companies, partners or agents, any telecommunications company, debt collection agency or credit reference agency and fraud prevention agency and other users of these agencies who may use this information for the same purpose as us. You agree to this information being used by us for credit control purpose and fraud and crime detection and prevention. You can obtain further details from our public registration held by the Data Protection Commissioner. If you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you or receive a copy (we may charge a fee) of the information we hold about you, please contact us by writing to the Data Controller at mycare@O2mail.co.uk, stating your full name, address, account number and Mobile Phone number.

16.3You also agree to the information described in paragraph 16.2 being used, analysed and assessed by us and the other parties identified in paragraph 16.2 and selected third parties for marketing purposes including amongst other things to identify and offer you by phone, post, the Network your Mobile Phone or other means, any further products, services and offers which we think might interest you. If you do not wish your details to be used for marketing purposes, please write to us c/o The Data Controller at mycare@O2mail.co.ukstating your full name, address, account number and Mobile Phone number.

17. Internet Access

If you have a Mobile Phone, which enables access to the Internet ('Mobile Internet Phone') the following terms and conditions also apply to you.

17.1Certain parts of the Service are only available if you register with O2 (Online) Limited, an internet service provider at http://www.O2.co.uk. The terms and conditions of the Internet service may be obtained by accessing the web site.

17.2We or our contractual partners may provide links to other web sites or resources. We neither accept responsibility for third party web sites or resources nor endorse their content.

17.3For internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the internet using the Service ("Information") whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Information originated. This means that you, and not us, are entirely responsible for all Information that you upload, email or otherwise transmit via internet access.

17.4Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Phone on or via the O2 web site, or otherwise, unless explicitly stated by us, are solely between you and the person with whom you are dealing. We will not be responsible for any losses or damages that may arise from any such dealings with third parties.

17.5Access to secure financial transactions will be dependant on the make and model of your Mobile Internet Phone and the third party supplier of Content.

18. SIM Card

- if you buy a Sim Card only from us:In order to enable the SIM card on your current mobile phone and your current mobile phone is latched to another network you may need to obtain an unlatching code (which is not your pin code) from your current network operator and service provider, failure to enter the correct unlatching code may result in your mobile phone becoming permanently blocked, we accept no responsibility for mobile phones blocked in this way or for any costs incurred in the provision of an unlatching code.

Important - your right to change your mind You may cancel this Agreement up to 14 days after receiving Service (the "Trial Period") as long as you return your Mobile Phone/accessories undamaged, with proof of purchase, in the original packaging and to the place you bought it from within the Trial Period. You will be refunded the price of your Mobile Phone and all Charges other than for the calls you have made. You must pay for all call Charges including any international and roaming call Charges which may take longer to be billed. If you bought the Mobile Phone/accessories direct from us we will bear the cost of returning the Mobile Phone/accessories as long as you follow our returns procedure (call customer services for more details), otherwise you will bear the cost. This does not affect your statutory rights.

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Terms for 3 Services - key points

Here’s some more legal stuff for you to look through. Basically, if you would like us to provide you our 3 Services, you must agree and comply with our Terms for 3 Services. The following list sets out some key points which we think will be important to you. However, you really should read the full set of Terms for 3 Services which we’ve provided in the rest of this section.

Terms for 3 Services – some key points for both ThreePay and Pay Monthly Customers
§ Terms for