IMPORTANT- YOUR RIGHT TO CANCEL
Subject to the paragraph below, if you are a consumer customer (as defined in the Consumer Protection (Distance Selling) Regulations 2000) who has entered into this Agreement via distance means such as via the online shop or over the telephone, you may cancel this Agreement at any time up to 7 working days after the later of entering this Agreement, receiving this Agreement or receiving the Equipment supplied under the Equipment Terms and Conditions (in the case of a new customer or a Handset Upgrade) or after the later of entering this Agreement or receiving this Agreement (in the case of an Airtime Upgrade) (“Trial Period”) as long as you give us notice in writing of such cancellation within the Trial Period. Please call our Customer Services team on 0870 071 5888 and we will explain how to do this. If you cancel this Agreement in respect of provision of the Services, any agreement you may have entered into with the Carphone Warehouse in respect of the provision of the Equipment (the “Equipment Terms and Conditions”) will also be cancelled. We recommend you enclose the Equipment (including the SIM card (unless it is a Handset Upgrade) and any accessories included in the price of your Equipment) undamaged with your notice of cancellation, with proof of purchase and the original packaging. If you do not enclose this with your notice of cancellation, you must return it to us within 7 days of notice of cancellation undamaged, with proof of purchase by sending it to the address set out in clause 8.1.1 of the Equipment Terms and Conditions at your cost. Please enclose the original packaging. It is your responsibility to ensure that the Equipment is received by us and we recommend using special delivery. If you do not return the Equipment and any accessories undamaged, we may charge you the costs we incur in collecting it from you (which may be substantial) or the value of the missing or damaged items (i.e. the full retail price or the handset-only retail price in the case of the Mobile Phone/Smart Phone). You must make the Equipment available for collection on our request. Any sums paid by you for the Equipment (less our costs if we have to collect the Equipment from you) will be reimbursed within 30 days. This paragraph does not apply to a customer who purchases the Equipment or takes an Airtime Upgrade for business purposes. This paragraph does not affect your statutory rights.
You agree that your SIM Card will be connected to the Network or your Upgrade will be effected and the Services will start and any pre-pay airtime (top-ups) purchased or included with your SIM purchase will be credited prior to the end of the Trial Period and that you will not be able to cancel such services or airtime after they have started or been credited. You must take reasonable care of the Equipment until received or collected by us and you are entitled to examine the Equipment as you would in a shop. However, if you use the Equipment during the Trial Period, you may lose your right to cancel. Use would include, but would not be limited to connecting to the Network for example by making or receiving a call, SMS or MMS, accessing the Web or downloading, or using any of the functions of the Equipment for example amending settings, saving any data, adding a contact or appointment, taking a photograph or using an application. If you use your Equipment after notifying us of your wish to cancel, you will be responsible for all charges under the Airtime Contract and these may not be refunded. We reserve the right to charge you the value of any Equipment that has been used prior to receipt or collection by us.
Please note, you will be deemed to have received the Equipment and a copy of these Terms and Conditions when we have tried to deliver them to you even if you were not there to collect them.]
Please note that these terms and conditions are updated from time to time. Changes will be posted on our Website at www.talkmobile.co.uk. Please check these regularly as continuing to use the Services after changes having been posted on our Website will mean that you agree to these terms, as amended.
If these conditions are too small for you to read comfortably please call Customer Services on 0870 071 5888 and we will send you a larger print version. Some sections of these terms are printed in bold to draw your attention to them.
The supplier of your airtime, other services and your SIM Card is Talk Mobile Limited, 1 Portal Way, London W3 6RS, registered in England and Wales under Company number 04154716 (“Talkmobile”). You are entering into an agreement with Talkmobile for the supply of these services on the terms set out below, headed “Network Terms and Conditions”.
The supplier of your mobile phone and other equipment (other than your SIM Card) is The Carphone Warehouse Limited of 1 Portal Way, London W3 6RS, registered in England and Wales under Company number 2142673 and VAT number GB 744032068 (“CPW”). You are entering into a separate agreement with CPW for the supply of this equipment on the terms set out below, headed “Equipment Terms and Conditions”.
NETWORK TERMS AND CONDITIONS
We agree to provide the Services in accordance with the terms and conditions of this Agreement and certain paragraphs are highlighted to draw your attention to them. This Agreement may be for a minimum period of time (selected during your Order) with monthly billing intervals as set out in your Order.
1 Definitions and important notes
1.1 In this Agreement:
"Additional Services" means optional services which you may choose to take from us, including but not limited to, roaming and international services, premium rate services, directory enquiry services, Content and third party services and if you are a Business Customer services such as installation and field services details of which appear in the Tariff;
"Agreement" means these terms and conditions (together with such other terms as may be notified to you from time to time) and the current Tariff;
"Airtime-Only Upgrade" means the extension of your existing agreement with us without the issue of a new Mobile Phone;
"Artificially Inflated Traffic" means any situation where the flow of calls to any particular revenue share service is, as a result of any activity on or on behalf of the party operating that revenue share service, disproportionate to the flow of calls which would be expected from good faith commercial practice and usage of the network;
"Charges" means all the charges associated with the Services and Additional Services described in the Tariff and the price of any Mobile Phone or accessories you buy from us;
"Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Services including all information supplied by content providers from time to time;
"Credit or Debit Card" means your nominated credit or debit card, details of which are given in the application form, printed overleaf, or which you have already provided to us over the telephone or by e-mail/the internet;
"Equipment" means equipment including, without limitation, your Mobile Phone, Smart Phone (including any Handset Upgrade) and accessories (but not including your SIM Card), datacard, USB modem and other GSM/UMTS equipment provided to you by the Carphone Warehouse under the terms of the Equipment Terms and Conditions;
"GPRS" means the General Packet Radio Service provided by us, which forms part of the Services;
"GSM Gateway" means a single point of access to a GSM network using SIM Cards;
"Handset Upgrade" means the issue of a new Mobile Phone to you on the condition that you enter into a new agreement with us on our then current terms and conditions;
"Minimum Period" means in relation to all tariffs except SIM Only tariffs, the minimum period for the Services selected by you in your application and on which the price of your tariff is based, from the day on which the Services are first provided or from the day on which your Upgrade is effective;
"MMS" means Multimedia Messaging Service;
"Mobile Phone" means a cellular telephone or other device used by you to receive the Services and any accessories included in the price of your phone provided to you by CPW under the terms of the Equipment Terms and Conditions;
"Network" means the public switched telephone network and/or a wireless telegraphy link by means of a cellular radio system used by us to provide the Services;
"Order" means any order that you submit to us verbally or in writing for any of the Services;
"Pay As You Go" means a tariff where you have to Top-Up to use any Services or Additional Services;
"Post Pay" means a tariff where you pay a monthly amount in advance for line rental and a bundle of Services and are charged monthly in arrears for out-of-bundle Services and Additional Services;
"Services" means all or part of a telephone service provided through the Network and includes any service or facility comprised in the Services including the ability to make and receive calls, to send and receive data by means of the Network, to send and receive e-mails via the Internet, to access information from the Internet, GPRS and any additional service or product including without limitation, insurance and specified land line or other home service supplied to you by us from time to time;
"SIM Card" means the Subscriber Identity Module card containing data (including your identity) used to receive the Services;
"SIM Only" means a Pay As You Go or Post Pay tariff in relation to which a Mobile Phone will not be supplied when you agree to purchase the Services;
"SMS" means Short Messaging Service;
"Tariff" means the tariff setting out our list of Charges (including monthly charges) for the Services from time to time copies of which are available on our Website or by contacting 0870 071 5888;
"UK" means the United Kingdom excluding Isle of Man and the Channel Islands;
"Top-Up" means the application of prepay mobile airtime credit to your account;
“Upgrade” means a Handset Upgrade or an Airtime-Only Upgrade;
"User Guides" means any guides or documentation supplied with your Mobile Phone either by us or by the supplier or manufacturer of your Mobile Phone that explains to you how the Services work and how to use your Mobile Phone;
"VAT" means value added tax chargeable under the Value Added Tax Act 1994 (or its successor Acts) and any similar replacement or additional tax;
"Website" means www.talkmobile.co.uk and any additional websites linked from such website or such other website used by us to promote and support the Services;
"we", "us" and "our" means Talkmobile, the supplier of your airtime and such member (or members) of The Carphone Warehouse Group plc (registered no. 3253714) group of companies, each of 1 Portal Way, London W3 6RS as is, for the time being performing the obligations under this Agreement and/or where the context requires, acting as Talkmobile’s agent until further notice by Talkmobile; and
"you" and "your" means the customer with whom we make this Agreement and it includes a person who we reasonably believe is acting or using any Equipment with your authority or knowledge.
You must be over 18 years old to receive the Services for Post Pay tariffs. You must be over 16 years old to receive the Services for Pay As You Go tariffs.
For all tariffs, you will not be permitted to port any existing mobile phone number to Talkmobile for use on the Network unless you have provided us with the PAC code from your previous network operator. For our Post-Pay tariffs, you must provide us with your PAC code as part of the order process prior to entering into this Agreement. For our Pay As You Go tariffs, you must provide us with your PAC code after entering into this Agreement. The ability to be able to port any existing mobile phone number to Talkmobile is subject to availability.
The details on our websites or in our advertisements or contained in our marketing material are not offers that you can accept. Your order for the Services may be subject to you passing any status, identity and credit checks required by us and acceptance by us of your application for the Services.
2 Duration
2.1 For Post Pay tariffs, this Agreement will continue for the Minimum Period and thereafter. It can be brought to an end (subject to the provisions of Clause 8) by either you or us giving one calendar month’s written notice to the other on or at any time after the expiry of the Minimum Period, or otherwise as provided in Clause 8.
2.2 For Pay As You Go tariffs, this Agreement can be brought to an end by either you or us giving two business days’ notice to the other at any time, or otherwise as provided in Clause 8. This Agreement will end when we disconnect the Services.
2.3 If you take an Upgrade you agree that a new Minimum Period will apply.
3 Provision of Services
3.1 The Services which we agree to provide to you may not be available in all parts of the United Kingdom. The Services which we agree to provide to you may not be available abroad unless you have international roaming and where you have roaming, it may not be available in all areas abroad. You may not be able to use the Services which we agree to provide to you to call all countries or all international numbers and you will not be able to call Nigerian numbers. Unless otherwise agreed, the Services do not include call divert or call waiting. We reserve the right to add to, substitute, or to discontinue any Additional Services at any time. We do not guarantee the continuing availability of any particular Additional Services. Not all mobile phones will be able to receive the Services. We only agree to provide the Services to Mobile Phones of a make and type provided specifically for use with the Services. If you buy a SIM Only tariff from us, your current mobile phone may be restricted to use on another network or ‘locked’ and you may need to obtain an unlocking code from your current service provider to be able to receive the Services. Failure to enter the correct unlocking 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 unlocking code.
3.2 For Post-Pay tariffs, when your SIM Card is connected to the Network, it will have been programmed so that you are barred from using overseas networks including making calls (including premium rate calls) and sending MMS or SMS messages from overseas. The ability to use such services is subject to credit status and depends on the arrangements which we have with foreign network operators. If you want to have your SIM Card unbarred, then you should call us on 0870 071 5888. We may pursuant to clause 3.11 ask you to pay a deposit. If you use your SIM Card abroad, you will be charged for the calls that you receive as well as for those that you make. Charges incurred using your roaming service may take longer to be charged than normal Charges.
3.3 You agree that when you successfully register for the Services, when you contact our Customer Service line to acquire Additional Services or account balances or if you extend this Agreement in any way, such acts indicate your continued acceptance of the terms and conditions then in force in respect of the Services.
3.4 You will be entitled to the quality of Services generally provided by us for our customers. The Services are not fault free and they may be impaired by too many people trying to use the Network, geographical, topographical, atmospheric, or other conditions (including buildings, underpasses and other causes of interference) and/or circumstances beyond our control. Overseas networks may also be limited in quality and coverage. Access to overseas networks will depend upon the arrangements between the foreign operators and us.
3.5 We aim to connect your SIM Card to the Services within 28 days of accepting your order. If you place an order for an Additional Service or otherwise instruct us to change the Services (i.e. to bar calls) we will use reasonable endeavours to complete your order as soon as possible but there may be a delay in your order being completed. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of such delay.
3.6 In the interest of other users, the number and duration of messages that can be left on your voicemail service will be limited. Please note that your confidentiality of messages cannot be guaranteed. You must not record an abusive greeting message. You may not be able to use the voicemail service while abroad.
3.7 We may at any time require you to pay a deposit in respect of the provision of any Additional Services by us to you in accordance with clause 3.11. Any such deposit will not guarantee your right to receive Additional Services.
3.8 The Services may be used by you to link into web sites, resources and/or networks worldwide. We accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such web sites, resources and/or networks.
3.9 Where available, if you choose online billing, 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.
3.10 We will allocate a number for use of your SIM Card 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 from 0870 071 5888.
3.11 Where we require you to pay a deposit in respect of the use or provision of any Services, such deposit will be reasonable, non-interest bearing, retained for a minimum period advised to you or until your final invoice has been paid following termination of this Agreement and Charges incurred by you may be offset against this deposit. If there is a remaining deposit after all charges are recovered, this will be refunded to you. At any time after the minimum period advised for holding your deposit, you may ask for a refund of your deposit but this may result in us restricting the use or provision of the Services or reducing your Credit Limit.
3.12 On connection of your SIM Card to the Network (or at any time later on), we may set a credit limit on the Charges you may incur during each calendar month (we call this a "Credit Limit"). We shall give you notice if a change is made by us to your Credit Limit. If you wish to vary your Credit Limit, you should contact Customer Service on 0870 071 5888. We may agree to vary the Credit Limit after making credit checks and we may pursuant to clause 3.11 ask you to pay a deposit. Once we have established that you have exceed your Credit Limit (which may take some time particularly if using your roaming service), the Services will be suspended until payment of all Charges (including any reconnection charge) has been made and you will on attempting to make any call, be automatically diverted to our customer services to arrange such payment.
3.13 Please note that the Credit Limit does not act as a bar and you may be able to incur Charges which result in you exceeding your Credit Limit. If this happens, you will still be liable to pay for all Charges incurred in excess of your Credit Limit.
3.14 Upgrades are at the sole discretion of Talkmobile and will be subject to a minimum period duration unless we notify you otherwise.
3.15 We reserve the right to charge you a fee (details of which are available on request) to transfer your mobile phone number to another network or service provider.
4 Things we may have to do
4.1 Occasionally we may have to:
4.1.1 alter the mobile phone number or any other name, code or number or technical specification associated with the Services for reasons beyond our control such as where requested to do so by a governmental or regulatory body or where we reasonably believe that the alteration will enhance your use of the Services. If this is the case we will give you reasonable notice;
4.1.2 change your SIM Card in which case your old SIM Card must be returned in good condition to us;
4.1.3 give you instructions which we believe are necessary for reasons of health, safety or the quality of Services to you or any other customer;
4.1.4 temporarily suspend the Services (or any part of them) for operational reasons or in an emergency or for reasons of security; and
4.1.5 bar certain numbers from the Services on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.
4.2 From time to time we may have to migrate your account from one billing platform to another. In these circumstances we will notify you if migration of your account will affect the Services to your detriment in any way.
4.3 If we believe that we may be unable to continue to provide the Services on a particular network for any reason we may transfer the mobile phone number to another network. On transfer we will continue to make available to you the Services, or similar services, and you will not be required to pay an increased amount for the Services.
5 Our Rights to Bar or Disconnect Your Mobile Phone
5.1 We can at our discretion bar your Mobile Phone and/or SIM Card from making calls (other than to the emergency services), sending MMS or SMS messages or using GPRS, sending or receiving data and/or disconnect it from the Network if:
5.1.1 any of the circumstances in Clauses 7.4, 7.5, 7.6, 7.7 or 8.1 apply to you;
5.1.2 in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a payment card, your SIM Card and/or Mobile Phone; or
5.1.3 if you are persistently abusive or make threats or otherwise act illegally towards our staff or property, or that of our agents.
5.2 You must pay an unbarring charge, any outstanding Charges including those incurred under Clause 3.13 and, if applicable, a re-connection charge if the Services are temporarily barred and/or your Mobile Phone and/or SIM Card is disconnected from the Network for the reasons stated in Clause 5.1.
5.3 If we bar your Services because you break this Agreement, the Agreement will still continue. You must pay all Charges due from you under this Agreement until the Agreement is ended by notice in accordance with Clause 8.
6 Charges
6.1 The Charges for the Services will be calculated in accordance with the Tariff using the details we have recorded. The Tariff may change from time to time. You must pay to us any connection fee (a once only payment if applicable), monthly (or other periodic) line rental charge, call, SMS, MMS, browsing, GPRS and data charges and any other charges in respect of the Services provided to you or someone else using your Mobile Phone and/or SIM Card e.g. charges for the voice mail service, itemised billing, etc. which will be charged as we shall advise. For Post Pay tariffs , Charges will be payable by direct debit on the dates notified to you following acceptance of your order and you must pay the Charges within 14 days of the date of any bill. For Pay As You Go tariffs, you must Top-Up your account and Charges will be deducted from your remaining account balance. Once your account balance reaches zero, you will barred from accessing the Services (which may include cutting you off during a call) and you not be able to access the Services unless you Top-Up your account.
6.2 We will provide Post Pay customers with regular bills (whether online or in hard copy by post) which, unless you have requested itemised billing (for which we may charge you in accordance with our Tariff), will only advise you of the total amount of Charges.
6.3 You must pay to us all the Charges arising under this Agreement whether incurred by you or anyone else using your Mobile Phone and/or SIM Card (with or without your knowledge), including all Charges which relate to any Additional Services which you have requested from time to time at the times and in the manner set out in this Agreement even when such Charges exceed any Credit Limit imposed upon your account.
6.4 Calls made by Post Pay customers in the UK to eligible UK numbers are charged in one second increments rounded up to the nearest second and inclusive allowances are deducted in one minute increments and any part minute will be rounded up to the nearest whole minute. Calls made by Pay As You Go customers are charged, and any inclusive allowances deducted in one minute increments and any part minute will be rounded up to the nearest whole minute. For all customers, calls made in the UK to eligible international numbers are charged in one minute increments rounded up to the nearest minute. Calls made using our Talkmobile World tariff from the UK to international destinations attract a minimum call charge (please see our Website for details). If you are abroad and you are entitled to roam, you will be charged for the calls you make and receive by the minute and any part minute will be rounded up to the nearest whole minute. MMS or SMS messages made abroad may be charged other than in whole penny increments. Details of how inclusive allowances are used are set out in clause 6.11.
6.5 Unless otherwise stated, call prices are quoted by the minute and include VAT. Each call, MMS or SMS is charged excluding VAT and then rounded up to the nearest whole penny. VAT is then added where applicable and then rounded up to the nearest whole penny. An invoice including the rate of VAT charged and our VAT number can be provided upon written request for Post Pay customers.
6.6 Monthly Charges incurred for, and inclusive allowances in respect of, periods of less than one month will be calculated on a pro rata basis. Regardless of when the call is commenced, charges will be applied according to the applicable tariff(s) for each chargeable period the call is active.
6.7 Where tariffs include inclusive allowances which apply to certain calls, MMS and SMS, data, browsing or messages (“Calls”) up to a monthly limit, unused inclusive allowances may not be carried forward from one month to the next unless expressly stated by us. In this context “monthly” or “month” means your monthly billing period, which may not equate to a calendar month. Eligible Calls will be set against inclusive allowances in the order in which such Calls are made except for roaming Calls which, if specifically included in your inclusive allowance, will be set against inclusive allowances 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.
6.8 Calls to your voicemail and any of our customer service lines will be chargeable in accordance with the Tariff and will not be deducted from any monthly allowances. When using call return (returning a call when directly within your voicemail service), you will be charged for both the voicemail call and the call return call throughout the duration of the returned call. Call return calls will be deducted from any inclusive allowance, where appropriate. The call return charge is calculated as the rate for that tariff, as if you had hung up and dialled direct for the returned call, less the voicemail charge. The minimum call rate on call return is the same as the voicemail rate.
6.9 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 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 inclusive SMS allowances.
6.10 Using MMS you can send long text messages, picture messages and video messages. A long text message, picture message and video message is limited to a maximum size of 100kb. If a message contains multiple media items you will be charged for the most expensive item in the message, for example, send a message containing a picture and video clip you are charged the video message price.
6.11 Calls to our Customer Services number where you talk to a Customer Service Advisor will be charged on our Pay As You Go tariffs and the call will not form part of the inclusive allowance on any tariff. Calls to eligible international numbers will be charged in accordance with the Tariff. SMS/MMS to eligible international numbers will use any inclusive allowances at a rate of two messages from the inclusive allowance for every one message sent or otherwise be chargeable in accordance with the Tariff. Inclusive allowances may not be used for SMS/MMS to certain countries and certain international numbers. More detailed information can be found in the Tariff. Inclusive allowances cannot be used whilst outside the UK.
6.12 For Post Pay tariffs, Charges are payable to us by direct debit. Credit or Debit Card will be used in the event that your Direct Debit fails. If a direct debit is dishonoured or cancelled, we shall be entitled to charge you as compensation for our losses an amount equal to the costs that we incur as a result of such dishonoured or cancelled direct debit (which may include third party charges levied on us). We may consider accepting payment other than by Direct Debit but we will then charge you an administration fee each month.
6.13 For any overdue payments we may charge interest (both before or after any judgment) on the amount unpaid at the rate of 2% above the base lending rate of HSBC Bank Plc as published from time to time. Interest is charged on a per annum basis, calculated daily. We shall also be entitled to charge you as compensation for our losses an amount equal to the costs that we incur as a result of your late payment or non-payment of any money you owe us (which may include third party charges levied on us).
6.14 If we advise you of the amount on your account from time to time this is an estimate based on the information we have received to date. We are not liable for, and you must pay, the estimated Charges and any Charges that exceed the estimate.
6.15 We may arrange for bills or invoices to be issued by a third party on our behalf. Bills or invoices issued by such third party shall be binding on you and payment of such bills or invoices in full to the third party will be a valid discharge of your liability to pay such bills or invoices under this Agreement.
6.16 We reserve the right to increase/decrease our Charges from time to time and/or introduce new charges from time to time in accordance with Clause 13.1.
6.17 If you change tariffs for any reason e.g. when Upgrading or moving to a promotional offer, any unused allowances will be lost.
6.19 If we provide you with a credit to your account (for example as a goodwill gesture), such credit will be deducted from your Charges until the credit has been used. These credits cannot be redeemed for cash and any unused credits are non-refundable upon disconnection of your service or termination of this Agreement.
6.20 You will have to pay for SIM Cards or replacement SIM Cards at the price as stated in our Tariff at that time.
7 Your Responsibilities
7.1 You agree to use your Mobile Phone, SIM Card and the Services in the way described in any User Guides or other instructions issued by us. You acknowledge that the SIM Card provided by us to you does not belong to you but remains our property and that you cannot sell your number, code or any associated number or agree to transfer them to anyone else without our consent.
7.2 If the SIM Card or the Mobile Phone is lost, stolen, damaged, destroyed or used in an unauthorised manner we may charge you the amount specified in the Tariff for reconnection. You will be responsible for any Charges incurred as a result of unauthorised use of the Mobile Phone or the SIM Card, or the information contained within your SIM Card, until we have suspended the Services. Suspension of the services for Pay As You Go tariffs will not be possible unless you have registered your account with us.
7.3 You agree:
7.3.1 to take adequate precautions to prevent damage to or loss or theft of your Mobile Phone and SIM Card;
7.3.2 to inform our customer services as soon as possible on 0870 071 5888 if the Mobile Phone or your SIM Card is lost, stolen, damaged, destroyed or likely to be used in an unauthorised manner and to co-operate with us in our reasonable security and other checks.
7.4 You must only use a Mobile Phone of a make and type provided by us for use with the Services. You must not use the Services for any improper, immoral, obscene, defamatory, harmful, offensive or otherwise unlawful purpose. You must comply with any instructions we give you about the Services and, unless agreed otherwise, you must not reverse the charges on any telephone call or accept a reverse charged call.
7.5 You must not use or permit any other person to use and if you are a business customer ensure that your employees do not use the Services:
7.5.1 fraudulently or in connection with a criminal offence;
7.5.2 to send a call or message, send, upload, download, use or re-use any material which is racist, offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax (including to the operators who deal with enquiries concerning the Services), in breach of any intellectual property rights (including copyright) or confidence or privacy or is otherwise objectionable or unlawful;
7.5.3 to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003 as amended or replaced from time to time;
7.5.4 to generate Artificially Inflated Traffic; or
7.5.5 other than in accordance with the acceptable use policies of the Network and (if appropriate) any relevant Internet standards.
7.6 You must not connect a GSM Gateway to the Network or otherwise establish, install or use a GSM Gateway in relation to the Network or the Services without our prior written consent, which may be withheld at our absolute discretion.
7.7 You agree that you are procuring the SIM Card provided by us to you and the Services solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card or the Services.
7.8 You must tell us immediately if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Services 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.
7.9 Where 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 Customer Services.
8 Suspension and Ending the Agreement
8.1 In addition to anything else we can do, we may end the Agreement and/or suspend the Services and/or bar your Mobile Phone and/or SIM Card at any time without telling you and without incurring any liability to you if:
8.1.1 you use the Services, or we have reasonable cause to believe that the Services are being used (even if you do not know that the Services are being used in such a way) in a way contrary to Clauses 7.4, 7.5, 7.6 or 7.7 and you do not correct the situation within 7 days of our request;
8.1.2 bankruptcy or insolvency proceedings are brought against you, or if an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation;
8.1.3 you fail to pay the Charges when they are due including any deposit we have asked for and you do not put it right within 7 days of our request;
8.1.4 you break this Agreement in any material way and you do not put it right within 21 days of our request;
8.1.5 we have reasonable cause to suspect fraudulent use of your Credit or Debit Card (or those of any other person) has occurred to purchase the Mobile Phone, the SIM Card and/or the Services;
8.1.6 we have reasonable cause to suspect that this Agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of your mobile phone number is taking place;
8.1.7 If you do anything (or allow anything to be done) which we think may damage or affect the operation of the networks;
8.1.8 your Credit Limit is exceeded;
8.1.9 you notify us that your Mobile Phone or SIM Card has been lost or stolen;
8.1.10 for reasons outside of our control; or
8.1.11 if any agreement, giving us access to any part of or the ability to provide the Services is suspended or terminated.
8.2 If we suspend the Services, we will not provide it again until you confirm that you will use the Services only as agreed in this Agreement.
8.3 You must pay a re-connection charge of £10.00 if the Services are temporarily suspended for the reasons stated in Clauses 8.1.1 to 8.1.9 above.
8.4 Subject to clause 8.5, you may end this Agreement immediately by notifying us if:-
8.4.1 we break this Agreement in any material way and do not put it right within 21 days of being asked in writing to do so;
8.4.2 all of the Services are permanently no longer available to you;
8.4.3 we change this Agreement to your significant disadvantage (in our reasonable opinion) in accordance with clause 13.1 provided you give us a minimum of 14 days' notice by contacting us in accordance with Clause 8.10 and provided you notify us within 30 days of our telling you about the changes; or
8.4.4 monthly (or other periodic) Charges are increased under Clause 13.1 provided you give us a minimum of 14 days’ notice by contacting us in accordance with Clause 8.10 and provided you notify us within 30 days of our telling you about the changes. This does not apply where the increase or change relates solely to Additional Services in which case you may only cancel, or stop using, that Additional Service.
8.5 Your right to end this Agreement set out in clause 8.4 does not apply if:
8.5.1 the changes to this Agreement made under clause 8.4.3 are made as a direct result of new law or regulation;
8.5.2 the increase to Charges made under clause 8.4.4 are made as a direct result of new law or regulation including or an increase in taxes (including VAT) which we are obliged to add to the Charges; or
8.5.3 the increase to Charges made under clause 8.4.4 (calculated as a percentage) is no more than the increase in the Retail Prices Index Figure ("RPI", also calculated as a percentage) for the period from the month of the last increase (if any) to the month before we send you notice of the change.
8.6 If the Services are suspended, this Agreement will still continue. You must pay all Charges under Clause 6 during any period of suspension until the Agreement is ended including all monthly (or other periodic) line rental charges for any Minimum Period which remains to run.
8.7 If this Agreement is ended:
8.7.1 your mobile device will be disconnected;
8.7.2 you will no longer be entitled to use your mobile device number;
8.7.3 your SIM Card must be returned in good condition to us;
8.7.4 you must immediately pay all Charges outstanding at disconnection;
8.7.5 unless you have ended the Agreement in accordance with Clause 2.1 or Clause 8.4 (except where excluded under clause 8.5), you must immediately pay us by way of damages for loss of contract the monthly (or other periodic) charges for any remaining Minimum Period or if the Minimum Period has expired you must immediately pay us also by way of damages for loss of contract the monthly (or other periodic) charge for a further calendar month; and
8.7.6 we will repay any deposit you have given us, but only if you do not owe us any money. No interest will be payable.
8.8 After this Agreement is ended you must pay all Charges incurred during this Agreement (including any payment due from you to us in accordance with Clause 8.9 below).
8.9 If you breach this Agreement, and we ignore your breach or the Services are suspended, we can still end this Agreement if you breach it again.
8.10 If you wish to terminate this Agreement, please call our customer services on 0870 071 5888 and we will advise you of what you have to do. In any case, to terminate you must write to us at the address set out in clause 14.11 stating your name, address, Mobile Phone number and account number.
9 Limitation of Liability
9.1 We do not exclude or limit liability (i) if you are injured or die as a result of our negligence or that of our servants, agents or employees or (ii) for fraud or fraudulent misrepresentation. Nothing in this Clause 9 shall exclude or restrict our liability in respect of any liability that we cannot exclude or restrict by law.
9.2 Other than for death or personal injury or for fraud or fraudulent misrepresentation, any liability we have of any sort (including any liability because of our negligence) is limited to £1,000 for any one event or series of related events, and to £2,000 in total for all incidents in any 12 month period.
9.3 Other than for death or personal injury, we shall not be liable to you under, or in connection with this Agreement whether or not as a result of our negligence in contract, tort, pre-contract or other representations or otherwise for any indirect or consequential loss, loss of business, revenue, profits, savings you expected to make, contracts, expenses, or for any other purely financial loss.
9.4 Other than for death or personal injury we have no liability under this Agreement unless we agree otherwise, for any data being lost, or harmed unless as a result of our negligence.
9.5 Each provision of this Clause 9 excluding or limiting liability operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply and they continue to apply notwithstanding the expiry or termination of our agreement.
10 Matters beyond our reasonable control
10.1 If either of us cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, terrorism, war, military operations, national or local emergency, civil disorder, industrial disputes (whether or not involving our employees), 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, such party will not be liable for this.
11 Use and Disclosure of Information
11.1 We respect your personal information and undertake to comply with applicable Data Protection legislation in place from time to time.
11.2 We may hold information that you provide to us (such as on an application or registration form) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). This information (“Your Information”) may include your name, address, date of birth, gender, telephone numbers, email address, bank and credit/debit card information, occupation and employment data, lifestyle information and details of how you use our products and services which may include the numbers you call, the type, date, time, location, duration, cost of calls, messages or other communications, the addresses you send messages to and information about your browsing activities when visiting one of our web, WAP or similar sites together with general information about the way you pay and manage your account. We may share Your Information with: companies within the Carphone Warehouse Group Plc group of companies which includes without limitation our fixed-line telephony and insurance companies (“CPW Group”) and any company or other entity in which CPW Group owns (directly or indirectly) more than 15% of the issued share capital for the purposes described in these terms and conditions (including, without limitation, its fixed line telephony and insurance companies); and in the event that we undergo re-organisation or are sold to a third party, in which case you agree that Your Information may be transferred to that re-organised entity or third party for the purposes and subject to the terms of this Agreement. In addition, we may share Your Information with a third party insurance company if you decide to take out insurance with them through us.
11.3 Your Information may be held and used by us for a number of purposes and we may use third parties to support us with or to perform any such purposes on our behalf or as our agent (and we may share Your Information with such third parties) and such purposes include, without limitation:
11.3.1 processing your orders or applications; administering your account and charging or billing; settling accounts with those who provide related services to us; disclosing your data to bank and debit and credit card companies to validate your debit or credit card details; dealing with requests, enquiries or complaints and other customer care related activities; debt recovery (also using recovery agents and agents facilitating to contact you) and legal actions and all other general administrative and business purposes;
11.3.2 carrying out market and product analysis of Your Information to develop and improve and to tell you about our and CPW Group’s products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. We may tell you by automated means or otherwise, including by email, fax, mobile text message, MMS, telephone, post and via world wide web, WAP and similar sites subject to any preferences indicated by you at the time you apply to enter into this Agreement or subsequently; contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned;
11.3.3 passing on data to organisations from which you have ordered any products and services; registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our and CPW Group’s loyalty or reward programmes and other similar schemes;
11.3.4 carrying out any activity or disclosure in connection with a legal, governmental, national security or regulatory requirement on us or CPW or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or
11.3.5 carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.
11.4 You agree to the disclosure by us of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency:
11.4.1 any information relating to your contract with us including details of how you conduct your account and your obligations to us and your personal financial information;
11.4.2 any information which is covered by our registration under the Data Protection Act 1998 as amended from time to time; and
11.4.3 any information which we are required by an order of any court of competent jurisdiction or by statutory authority to disclose.
11.5 If you wish to use our products or services abroad, for example, if you wish to roam on a network abroad, Your Information may be transferred outside the European Union to that country. Our web, WAP and similar sites may also be based on servers located outside of the European Union. Please note that the data protection and other laws of countries outside the European Union may not protect you as well as those within the European Union.
11.6 We may use your information for the purpose of testing our internal systems and developing new products and services.
11.7 It may also be necessary for us to carry out anti-fraud and identity checks on you to help decide whether to accept your application or future applications, to verify your identity and to protect our legitimate interests. Any information obtained in such checks will be passed to credit reference agencies and may be used by third parties to assessing applications for credit from you and other members of your household and for debt tracing, crime and fraud detection and prevention and credit management purposes. You further agree that we may use Your Information for operating a publicly accessible directory service.
11.8 A comprehensive description of how we use personal information is publicly available from the Information Commissioner - please see www.dataprotection.gov.uk.
11.9 If you would like us to tell you what information we hold about you, please write to: The Data Protection Office, Talkmobile C/o The Carphone Warehouse, 1 Portal Way, London W3 6RS. We may charge a £10.00 administration fee; please quote your mobile and account number on all requests. You can also call us on 0870 071 5888 to correct or update any inaccurate or incomplete information and to advise us of any preferences you may have concerning how you can be contacted for marketing purposes. Any change to your preferences may take up to thirty (30) days to implement.
11.10 If you do not wish your details to be used for the purposes described in Clauses 11.2 and 11.3, please write to us at Talkmobile, P.O. Box 347, Unit 19, Southampton, SO30 2PZ, stating your full name, address, account number and mobile phone number. Please note: this will not affect any marketing consent which you have already given to any of the companies referred to in Clause 11.3 in respect of agreements relating to other products and/or services. Any change to your preferences may take up to thirty (30) days to implement.
11.11 Subject to your rights of objection set out in this Clause, and your right of objection in the registration process, you agree that you consent to us, CPW Group or third parties contacting you for any of the above purposes whether by telephone, email, MMS, SMS or in writing and you confirm that you do not consider any of the above as being a breach of any of your rights under The Privacy and Electronic Communications (EC Directive) Regulations 2003.
11.12 You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using the Services we shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms.
11.13 We may disclose to third parties aggregated data to the use of the Services provided that a single individual is not identifiable in such data.
11.14 If you have registered your account with us, we may pass your information to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your SIM Card or it is stolen from you. Please contact us at the above address if you do not want your information to be passed to MEND and/or SEND. PLEASE NOTE: Once you have been registered with MEND and SEND, it is your responsibility to ensure that you notify any change of mobile phone to MEND and SEND to ensure that there is no interruption of their service to you.
11.15 We may use “cookies” and other software so as to be able to build up a profile of your interests and preferences and this may be used by us to develop and operate the Services.
11.16 If you tell us, we will include your details in a national directory and/or directory enquiry service. Please call or write to us (please see our website for contact details) if you would like us to do so. There may be a reasonable charge for this service.
12 Internet Access
12.1 If you have a Mobile Phone, which enables access to the Internet (“Mobile Internet Phone”) the following terms and conditions also apply to you.
12.2 The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your Mobile Phone and the information stored on your Mobile Phone. These programs may perform actions that you have not authorised, possibly without your knowledge.
12.3 We or our contractual partners may provide links to other web sites or resources. We neither accept responsibility for third party websites or resources nor endorse their Content. Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Phone are solely between you and the person with whom you are dealing. You are solely responsible for evaluating the accuracy and completeness of any of the Content and the value and integrity of goods and services offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods and services or for any losses or damages that may arise from any such dealings with third parties except in the case of negligence on our part.
12.4 For 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 Services ("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.
12.5 We will use reasonable endeavours to maintain the 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 the Content that you accept that we will not be liable for any action you take in reliance on the Content. We may vary the Content or the technical specification of the Services from time to time.
12.6 The Services enable access to the Content. You may only use the 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 the Content for your personal use only.
12.7 For all tariffs, when your Mobile Phone is connected, it will have been programmed so that you are barred from accessing Content that we deem to be ‘adult’. The ability to use such services is subject to status and credit checks and us being satisfied that you are over 18 years of age. If you want to have your Mobile Phone unbarred, then you should call us on 0870 071 5888. We may ask you to make a payment by credit or debit card or pursuant to clause 3.11 ask you to pay a deposit.
12.8 Access to secure financial transactions will be dependant on the make and model of your Mobile Internet Phone and the third party supplier of Content.
13 Changing the Agreement
13.1 We can change the conditions of this Agreement including any Charges at any time. We will give you notice of any changes (to the extent that they are to your significant disadvantage or relate to an increase in the Charges) either by writing to you, sending you an SMS, publishing them in the "Buyer's Guide" available in stores owned or operated by CPW Group (or by writing to us at the address set out in clause 14.11) or by posting them on our Website. You may then be able to end this Agreement in accordance with Clause 8.4. The changes will not affect an Agreement ended in this way.
13.2 This Agreement supersedes all prior arrangements, understandings and agreements between the parties relating to the provision of the Services and sets out the entire agreement between the parties. Neither Party has relied on any representation arrangement understanding or agreement (whether written or oral) not expressly set out in this Agreement. In the event of any dispute, the Agreement as then accessible on the Website shall take precedence.
14 General
14.1 You cannot transfer or try to transfer this Agreement to anyone else unless we agree in writing. We can transfer the benefit and you agree that we can transfer the obligation under this Agreement to any third party (including, without limitation, any member of the CPW Group).
14.2 We reserve the right to transfer this Agreement to any third party at any time. You may not transfer this Agreement to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.
14.3 If you or us break this Agreement and the other chooses to overlook it, this will not prevent the other from taking further action if you or us break this Agreement again.
14.4 When you use your SIM Card, the identity of your mobile phone number may be sent through the networks so as to be identified to the phone being called. It may be used to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion. The identity of your mobile phone number will always be sent if calling 999, 911 or 112.
14.5 If the facility to eliminate the presentation of the number of an incoming call is made available, we may charge you for the use of such a facility at the price as stated in our Tariff guide from time to time where we consider your use of such facility to be unreasonable. If you do not want your number displayed on receiving handsets 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.
14.6 For your own protection, you must keep confidential the electronic serial number of your mobile phone, any lock code(s) associated with your Mobile Phone, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence.
14.7 We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to the digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed. Please also read carefully the instructions provided with your Mobile Phone. Depending upon the manufacturer and model, your Mobile Phone may send information stored on it and receive information to and from certain third parties without your knowledge.
14.8 If you need to send notices to us these must be in writing and can be (i) delivered by hand or sent by first class post to our address as stated in clause 14.11 or (ii) sent by e-mail, which must be sent to us at info@talkmobile.co.uk or by completing the Contact Us form on our Website. If we need to send notices to you these must be in writing and can be (i) delivered by hand or first class post to your address as stated on the order form or given to us during the application process (ii) sent by SMS, which must be sent to your mobile phone number, or (iii) sent by e-mail, which must be sent to you at the address stated in your application form or given to us during the application process or any other e-mail address that you supply to us for the purpose. Notices sent by first class post will be deemed to have arrived at their destination 48 hours after posting and notices delivered by hand or given by SMS or e-mail shall be deemed to have been delivered the day after the day the notice is sent.
14.9 We or our agents may monitor or record your calls, emails, MMS or SMS messages for our lawful business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems, to ensure effective systems operation and in order to prevent or detect crime.
14.10 You must tell us promptly in writing if you change your name and address or there are any changes to your bank account or payment card arrangements that may affect your payment of the Charges.
14.11 You may address any complaints in writing to: Talkmobile, P.O. Box 347, Unit 19, Southampton, SO30 2PZ. Please include your mobile phone and account number in any correspondence.
14.12 These conditions also apply if you lend or give your Mobile Phone to someone else.
14.13 This Agreement is subject to the law of the relevant part of the United Kingdom and the English Courts have exclusive jurisdiction.
14.14 Except in the case of any permitted assignment of this Agreement under Clause 14.1, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of this Agreement.
14.15 Calls to our telephone numbers may be monitored or recorded.
EQUIPMENT TERMS AND CONDITIONS
In these terms and conditions of supply:
"Airtime Contract" means a contract entered into between you and your Network Operator relating to the provision of the Services under the terms of the Network Terms and Conditions above;
“Equipment” means equipment including, without limitation, your Mobile Phone, Smart Phone (including any Handset Upgrade) and accessories (but not including your SIM Card) provided to you by us;
“Handset Upgrade” means the issue of a new handset to you to use in conjunction with your Airtime Contract for the Minimum Period;
“Network Operator” means a Network provider nominated by us to you into which you have entered any Airtime Contract;
“Smart Phone” means PDA, MDA, XDA, Blackberry and similar devices and any accessories included in the price of your device provided to you by us;
“we” or “us” means The Carphone Warehouse Limited (registered no. 2142673) of 1 Portal Way, London, W3 6RS; and
"you" and "your" means the customer with whom we make this Agreement and it includes a person who we reasonably believe is acting or using any Equipment with your authority or knowledge.
Other defined terms used in these Equipment Terms and Conditions shall have the meanings given to them in the Network Terms and Conditions.
All orders for Equipment from you accepted by us are subject exclusively and strictly to the following conditions and no alterations proposed by you shall be binding unless we agree in writing.
1. Orders and specifications
The provisions of paragraph 1 of our terms and conditions of sale printed on the reverse of your invoice apply.
2. Price of equipment
The provisions of paragraph 2 of our terms and conditions of sale printed on the reverse of your invoice apply.
3. Terms of payment
The provisions of paragraph 3 of our terms and conditions of sale printed on the reverse of your invoice apply.
4. Risk and property
The provisions of paragraph 4 of our terms and conditions of sale printed on the reverse of your invoice apply.
5. Warranties and replacements
The provisions of paragraph 5 of our terms and conditions of sale printed on the reverse of your invoice apply.
6. Returns and Exchange
The provisions of paragraph 6 of our terms and conditions of sale printed on the reverse of your invoice apply.
7. Liability
7.1 We do not exclude or limit liability if you are injured or die as a result of our negligence or that of our servants, agents or employees or for fraud or fraudulent misrepresentation. Nothing in this Clause 7shall exclude or restrict our liability in respect of any liability which we cannot exclude or restrict by law.
7.2 Other than for death or personal injury or for fraud or fraudulent misrepresentation, any liability we have of any sort (including any liability because of our negligence) is limited to the amount paid by you to us for the Equipment.
7.3 Other than for death or personal injury, we shall not be liable to you under, or in connection with these Terms and Conditions whether or not as a result of our negligence in contract, tort, pre-contract or other representations or otherwise for any indirect or consequential loss, loss of business, revenue, profits, savings you expected to make, contracts, expenses, or for any other purely financial loss.
7.4 Other than for death or personal injury we have no liability under this Agreement unless we agree otherwise, for any data being lost, or harmed unless as a result of our negligence.
7.5 Each provision of this Clause 7excluding or limiting liability operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply and they continue to apply notwithstanding the expiry or termination of our agreement.
8. Default under and termination of your Airtime Contract
8.1 Except if you are a SIM Only customer, if (i) within 7 working days of receipt of your Equipment, you have failed to arrange connection of the Equipment to the Network if it is not already connected; (ii) you move onto a tariff which offers a lower rate monthly subscription during the Minimum Period; (iii) your Network Operator ends the Airtime Contract in accordance with its terms (including not limited to where you have failed to fulfill your payment obligations during the Minimum Period); (iv) you end the Airtime Contract for any reason within 9 months (if your Minimum Period is 12 months or more) or within your Minimum Period (if your Minimum Period is less than 12 months) or (v) you have been issued with a new Mobile Phone/Smart Phone to use in conjunction with your Airtime Contract for a new Minimum Period and you have not used the new Mobile Phone/Smart Phone within 30 days of receipt, and the relevant tariff includes a discounted Mobile Phone/Smart Phone, you must in addition to paying any other charges under the Airtime Contract either:
8.1.1 return the Mobile Phone/Smart Phone to us by sending it special delivery to Direct Returns, CPW Logistics Centre, Bilston Road, Wednesbury, W Midlands, WS10 7JN; or
8.1.2 keep the Mobile Phone/Smart Phone, in which case you agree to pay us the amount of the discount being the handset only purchase price of the Mobile Phone/Smart Phone less the amount paid by you at the time of purchase for the Mobile Phone/Smart Phone.
9 Your personal data
The provisions of paragraph 9 of our terms and conditions of sale printed on the reverse of your invoice will apply.
10 General
10.1 The provisions of paragraph 10 of our terms and conditions of sale printed on the reverse of your invoice apply.
10.2 Calls to our telephone numbers will be charged at standard rates and may be monitored or recorded.
29 January 2009