GENERAL TERMS AND CONDITIONS
“Add-Ons” means additional bolt-ons, features, service or support packages which are added to the “Customer’s” airtime/mobile/rental/data “Tariff Plan” and charged for monthly in advance.
“Additional Services” means any additional or support services or support packages the “Company” offers from any “Service Provider” which are added to the “Customer’s” “Tariff Plan” and “Agreement”.
“Agent” under these terms means an authorized business or person, a third party, who contracts with or refers the “Customer” to the “Company” and where the “Customer” subsequently enters into an “Agreement” with the “Company”.
“Agreement” means any airtime/mobile/rental/data “Goods”, “Service” and/or “Additional Service” “Agreement” or contract with any “Service Provider” (as defined below) with a “Customer”.
“Bolt-Ons” means additional local or international calls/text/data/IC/NGN/IDD/roam bolt-ons or any other type of bolt-on which is added to the “Customer’s” airtime/mobile/rental/data “Agreement” and are charged monthly in advance and/or charged daily when the “Customer” travels.
“Connection” means the connection of the “Service” and/or “Additional Service” to any “Service Provider”.
“Connection Charge” means the relevant one-off sum to be charged for “Connection” to the “Service” and/or “Additional Service”.
“Connection Date” means the date of “Connection” i.e. the date the “Service” and/or “Additional Service” is enabled or goes live.
“Company” means ALFONICA – a trading name of Rose Communications Group Ltd (RCG). Rose Communications Group Ltd is a company registered in England and Wales with the registration number 4468350 and registered address of 92 – 94 Stamford Hill, London, N16 6XS.
“Credit Limit” means a monthly financial limit applied for charges incurred under this “Agreement”.
“Customer” means any individual or an authorised/appointed decision maker of an organisation, company or business that wishes to purchase “Goods” and/or connect to a “Service” or “Additional Service” supplied by the “Company” and accepts the “Company’s” Terms and Conditions.
“Equipment” also referred to as an item in these terms and conditions means any hardware, device or handset provided to the “Customer” as part of this “Agreement”.
“eSIM” means an embedded SIM (subscriber identity module) card inside a mobile device, enabling access to the “Service” provided by the “Company” from any “Service Provider”.
“Goods” means any products supplied by “the Company” to the “Customer”.
“GSM Gateway” means a separate device which uses one or more “SIM Cards” and allows calls or sms to be routed from a device which establishes a call or sms using a mobile network.
“Invoice Date” means the date the invoice is raised by the “Service Provider” and is noted on the “Company” invoice.
“Line Rental” means the charge for the “Tariff Plan” the “Customer” agreed to and is charged monthly in advance.
“Minimum Term” means the minimum period that applies to any “Agreement”, the “Customer” has entered with the “Company”.
“Monthly Charge” means the total monthly charge ex VAT for the provision and “Connection” of the agreed “Goods”, “Services” and/or “Additional Services” with the “Company” from any “Service Provider” as set out in the “Agreement”.
“Order” under these terms means the “Customer’s” instruction (whether verbal or in writing) for purchasing “Goods” or connecting to “Services” and/or “Additional Services” supplied by the “Company” from any “Service Provider”.
“Original Packaging” under these terms means the actual product packaging of the “Goods” and does not refer to the external postage packaging.
“Out of Bundle Charges” means the additional usage charges for local and international calls/texts/data/other services outside of the monthly “Line Rental”, “Bolt-Ons” and/or “Add-Ons”. Out of bundle rates are subject to change and fluctuation without prior notification.
“Service” under these terms and conditions means any telecommunication “Service” provided by the “Company” from any “Service Provider”.
“Service Provider” under these Terms and Conditions means any airtime/mobile/rental/data “Goods”, “Service” and/or “Additional Service” “Agreement” with any “Service Provider”, network and/or airtime provider.
“SIM Card” means the subscriber identity module, which is a unique card containing information and is inserted into the mobile phone or tablet, enabling access to the “Service” provided by the “Company” from any “Service Provider”.
“Tariff Plan” means the tariff agreed to by the “Customer” for the “Goods”, “Service” and/or “Additional Service”, and includes the monthly “Line Rental”, “Bolt-Ons” and/or “Add-Ons”, “Out of Bundle rates”, any benefits included by the “Service Provider” for the “Minimum Term”.
“Unified Communications and Connectivity Terms and Conditions” means additional terms and conditions specifically related to the “Company’s” landline/hosted/broadband/leased line/point 2 point/NTS “Goods”, “Services” and/or “Additional Services” and forms part of the “Company’s” general terms and conditions which can be found on the “Company’s” “Website”. Select the following link to be directed to the full Unified Communications and Connectivity Terms and Conditions. You can also use the full link (https://alfonica.com/telecoms-terms/).
“Termination Fee” will be charged to the “Customer” for early termination of this “Agreement” from the “Service Provider” (contract buy-out). The “Termination Fee” is the calculation of the remaining monthly “Line Rental”, “Bolt-Ons” and/or “Add-Ons” to the end of the “Minimum Term”, and if appropriate any additional fees which may arise from any “Service Provider” charges. The calculation is based on the standard charges, not including line rental discounts or credits.
“Termination Notice” or disconnection notice means the notice to terminate this “Agreement”, including the “SIM Card” or “Equipment”.
“Website” means https://www.alfonica.com.
2. Availability and Pricing
2.1. In addition to its own Goods, Services and/or Additional Services, the Company resells Goods, Services and/or Additional Services from various Service Providers and manufacturers of devices, software and accessories. The Customer accepts that there is sometimes a delay in the provision of information or in its accuracy in respect to availability and pricing.
2.2. In good-faith the Company will represent what it understands to be current availability and pricing however all information, including but not limited to in-branch, web, social media and any information in adverts, may be subject to change at short notice.
2.3. All Goods, Services and/or Additional Services are promoted subject to their availability. No price, or other information provided will bind the Company until the Order is accepted.
2.4. An Order is deemed to be accepted when the Agreement is issued to the Customer as a hard copy or in a digital format. The Agreement will confirm the Tariff Plan and product information.
2.5. The price charged will be the price in force when the Agreement has been issued to the Customer. At all times the Customer will be advised of any changes to pricing or availability, before the Company’s acceptance of the Order. The Customer will have the option to reject any changes by cancelling their Order request prior to the Company issuing the Agreement to the Customer.
2.6. Once the Agreement has been issued, both parties are agreeing to the Tariff Plan and information contained therein.
3. Placing an Order
3.1. The proposal or information provided is for the purposes of allowing Customer’s to evaluate the Company’s Goods, Services and/or Additional Services.
3.2. For businesses, any Order or purchase order sent to the Company is understood by all parties to be an offer to purchase specific Goods, Services and/or Additional Services, however, the Company is not obligated to accept the Order.
3.3. For businesses, the Customer accepts that unless instructed otherwise in writing by recorded delivery or email, any Order for Goods or Services received by a representative of the Customer’s business, will be accepted and understood by the Company that the representative has full authority to act on behalf of the Customer.
3.4. Should the Company accept the Order whether in writing or verbal, a business or consumer Agreement will be created and issued to the Customer confirming the Order and the terms thereof.
3.5. The Customer gives the Company and its representatives, authority and access to all information held by their current Service Provider by agreeing to complete and submit a third-party form (when relevant), which includes access to all billing information.
4. Credit Checking
4.1. An Order will only be accepted from Customers aged eighteen (18) years or older with a recognised address.
4.2. It is the Customer’s sole responsibility to provide a genuine name, address, phone number and email address.
4.3. For a business Agreement, the Customer must be employed and be a fully authorised representative of the company for whom they are placing an Order.
4.4. It is accepted that a credit check may be undertaken on the person raising the Order, if a business Agreement; the directors of the Customer and the Customer itself before any Order may be accepted.
4.5. The person raising the Order request acknowledges this and agrees to all parties mentioned above to be included in the credit check process.
4.6. The Company has the authority to collect information necessary for the credit check and to communicate this onto relevant and required third parties in pursuit of the credit check process.
4.7. The Company reserves the right to perform additional security checks where required.
5. The Agreement and Minimum Term
5.1. This Agreement is contractual for at least the Minimum Term. The Customer understands that the lines(s), telephone number(s), SIM Card(s), Service and/or Additional Service should remain connected until the expiry of the Minimum Term.
5.2. Failure to pay the Monthly Charge will be considered breach of Agreement and may result in additional charges to the Customer.
5.3. If the Customer terminates all or part of this Agreement, disconnects from the network, transfers or migrates the account to another Service Provider and the Minimum Term has not ended; the Customer acknowledges and accepts that the Company and/or Service Provider, as applicable, will recover the full amount of the Termination Fee, usage costs or tariff reduction from the Customer and these associated fees can be charged per number. In addition, the cash back/line rental offer/free gift/Equipment credit/Equipment agreement will become void and no longer valid. For the avoidance of doubt, the Customer will be required to return to the Company any Equipment supplied to them within forty-eight (48) hours of the Agreement being terminated, unless the Equipment was purchased and paid for in full at the start of the Agreement.
5.4. Where the Company has agreed a tariff change (downgrade or upgrade), prior to expiry of the Minimum Term, the connection will be re-contracted for a new Minimum Term and the balance of the previous Minimum Term will be added to it. In addition, should the Company agree to a downgrade, the previous cash back/line rental offer/free gift/Equipment credit/Equipment agreement will become void and no longer valid.
5.5. The Customer acknowledges and accepts the Agreement will be issued to the Customer as a hard copy or in digital format. The Customer further accepts that failure to sign (manually or digitally) does not deem the Agreement as null or void.
5.6. The Customer acknowledges that after the Minimum Term has ended the Tariff Plan will remain the same unless the Customer explicitly changes (either downgrade or upgrade). Whilst the Company can accept the request to downgrade or upgrade thirty (30) days prior to the Agreement end date, the tariff change will only be actioned after the Minimum Term.
5.7. The Customer accepts that the first (1) month of any Agreement will be pro-rata for the Tariff Plan and Monthly Charge and applies to any Add-Ons, Bolt-Ons or Additional Services applied throughout the contract. The Company’s billing date is the first (1st) of each month. The full Tariff Plan will be available once the billing date has been reached. As an example, if the Customer’s Agreement goes live in the middle of the month for ten (10) gigabytes of data, the Customer will have approximately half the Tariff Plan, so five (5) gigabytes of data) and will be billed approximately half the Monthly Charge plus VAT (unless an alternative option entered).
5.8. The Customer agrees that should a monthly Add-On, Bolt-On or Additional Service be applied during the Agreement this will be contractual for the remaining months of the Agreement. Furthermore, the Customer accepts that the pricing for a once-off Add-On or Bolt-On will be more expensive than a monthly (contractual) Add-On or Bolt-On.
6. Service Provider Agreement
6.1. Where a Customer signs an Agreement with a Service Provider for the supply of Goods, Services and/or Additional Services, the Customer acknowledges and agrees that the terms and conditions of sale of the Service Provider will also apply to the transaction in addition to the Company Agreement.
7. Cooling off Period
7.1. Business Customers or any Customer connected to a business Tariff: there is no cooling off period.
7.2. Consumer Customers: the Company does not sell via distance selling and all Orders must be placed in one of the Company’s three (3) branches. Should a Customer request for their Equipment to be collected or delivered this will be considered as an in-store purchase.
8. Contract Buyouts (Mobile)
8.1. As part of the Agreement, the Company may pay part, or the total contract buy-out costs charged by the previous mobile Service Provider. The Customer must provide evidence which, in the Company’s sole opinion, is satisfactory to demonstrate that the agreed amount is owed by the Customer to the previous mobile Service Provider within fourteen (14) days of receiving the invoice from the mobile Service Provider. If the amount owed is lower than the amount agreed, the Customer acknowledges that the Company shall pay the lesser amount as owed by the Customer to the previous mobile Service Provider.
9. Transfer of Liability & Assignment
9.1. The Company may at any time assign its rights under this Agreement to any third party and may subcontract the performance of all or part of the same Agreement.
9.2. The Customer cannot transfer their obligations to pay charges under this Agreement without the Company’s express consent. Any proposed transfer should be notified to the Company in advance.
9.3. The Company’s acceptance of payment from another person other than the Customer does not imply that the Company has amended any of its rights or obligations of the Customer.
9.4. The Customer shall not assign or transfer the benefit of this Agreement to any third party without the prior written consent of the Company.
10. Network Coverage and Call Quality
10.1. Service Providers will take all reasonable steps to ensure their Service and/or Additional Service is available to the Customer. The Service Providers, although strive for, cannot guarantee a fault free service.
10.2. The Customer accepts that the Service and/or Additional Service is not fault free and may be impaired through atmospheric and geographic conditions, both scheduled and unscheduled maintenance, acts of war, terror and acts of God.
10.3. The Customer acknowledges that the Company cannot take responsibility or liability for any problems surrounding network coverage, call quality or features both in the UK and whilst roaming.
11. PAC Codes
11.1. The Company can only accept PAC codes if the Customer advised the Company at point of Connection and this has been noted in the Agreement including the month the PAC code will be provided.
11.2. Where the Company has agreed to accepting a late PAC code after the Connection date, the Company will charge an admin fee for each PAC code provided.
11.3. For the avoidance of doubt, Customer’s must notify the Company at point of Connection should they wish to keep their current telephone number and provide a PAC code at an agreed date in the future. Customers who do not notify the Company will not be able to link a PAC Code after point of Connection.
12. Recycling Numbers
12.1. Customers are advised that all networks (mobile and landline) recycle telephone numbers. Whilst every effort is made to ensure there is a period of quiet maintained between users, this is not always the case.
12.2. Customers accept the Company has no control over this and therefore cannot be held responsible should the period of quiet not be maintained.
13. Gift Cards
13.1. Customers accept that the Company gift cards are valid for the period of one (1) year from the original start date. No cash payment will be made by the Company in part or in full.
13.2. The Company gift cards will only be accepted for in-branch retail purchases.
13.3. The Company cannot accept any responsibility should the Customer lose the gift card.
13.4. The Company does not offer refunds for gift cards nor are the gift cards transferable to cash.
14. Barring – Regular and Data
14.1. The Customer acknowledges that due to circumstances beyond the Company’s control, setting a bar on an account (regular or data) does not guarantee zero charges. As an example, Out of Bundle Charges could be due to a delay in the Company or Service Provider receiving usage information from any other Service Provider and this may result in the Customer exceeding their bar limit.
14.2. The Customer acknowledges that requests to remove a bar will only be processed on standard working days (not weekends or bank holidays).
14.3. The Customer accepts that it may take twenty-four (24) hours for a bar to be removed and that the Company cannot be held responsible for bars not being lifted by any Service Provider.
14.4. The Customer acknowledges that should they reach their limit on their original Tariff Plan, bars will reset on the first of the following month and that bars cannot be placed on any Add-On’s or Bolt-Ons.
14.5. The Customer acknowledges that requesting a cost or usage bar removal will mean all bars are removed for the remainder of that calendar month. Any overspend incurred remains the end user’s full liability.
15. Fair Usage Policy (FUP)
15.1. The Fair Usage Policy is in place to ensure that all Customers receive a fast and reliable service.
15.2. Should the Company and/or Service Provider find that the Customer is abusing the Service in any way, for example exceeding the fair use policy, the Company and/or Service Provider may request that the Customer reduce their usage and in extreme cases the Company and/or Service may limit the Service, restrict or block access or disconnect the Customer.
15.3. United Kingdom:
15.3.a. The Customer agrees and accepts that the all the Company’s and/or Service Provider’s unlimited UK Tariff Plans including unlimited mobile bundles, packages and bespoke offers include a fair usage policy.
15.3.b. The fair usage policy for an RCG Mobile Customer is 10,000 minutes for unlimited UK landline and mobile calls, 10,000 unlimited UK SMS’s per month and 500GB for unlimited data.
15.3.c. The fair usage policy for Non RCG Mobile Customer’s vary depending on the Service Provider. The Customer is advised to contact the Company or Service Provider for the most up to date fair usage information or check their Service Provider’s website.
15.4. European Union:
15.4.a. Customers can use their UK minutes, text and data allowance when travelling through parts of the European Union, including receiving calls free of charge whilst roaming. The Customer acknowledges this can change at any time without written advance notice.
15.4.b. Customers are advised that free European Union roaming does not apply to all RCG Mobile bespoke tariffs.
15.4.c. IDD, IC, International SMS and NGN allowances; whether integrated into a tariff or as an Add-On or Bolt-On; are excluded from the inclusive EU Roaming.
15.4.d. Non RCG Mobile Customers are requested to contact the Company or Service Provider prior to travelling to check their fair usage policy based on the network they are connected to.
15.4.e. RCG Mobile Customers are advised that the mobile data fair usage policy in the EU will be less than the data allowance remaining within the Customer’s UK Tariff Plan, prior to travel. The Customer accepts it is their responsibility to verify and check their fair usage policy prior to travel in the EU. Once the fair usage threshold has been reached, Customers will be charged.
15.4.f. Customers are advised that if they use more than 50% of their RCG Mobile tariff allowance in the EU; whilst roaming, for four consecutive months (otherwise known as continuous roaming), a charge will be applied retrospectively for roaming consumption.
15.4.g. RCG Mobile and Non RCG Mobile Customers agree that excessive usage for the European Union will be based on the pre-set rules of what is considered as ‘reasonable travel’. As a rule, Customers should use their mobile phone more at home than abroad to retain the domestic rates.
16.1. Customers agree that whilst these terms are in place, information and restrictions can change at any time without prior warning. The Customer acknowledges that the Company has no control over these changes and the Company cannot be held liable for any changes.
16.2. Customers acknowledge that certain Add-Ons or Bolt-Ons are excluded from roaming and these include but are not limited to IDD, IC, International SMS and NGN allowances; whether integrated into a tariff or as an Add-On or Bolt-On.
16.3. Customers acknowledge that in order to access their voicemail while roaming they must set up a PIN number in the UK before travel. This responsibility falls on the Customer and not the Company. Customers accept that if the PIN number is not set up prior to roaming, this may result in the Customer not having access to their voicemail.
16.4. Customers acknowledge that when roaming, the Company will only receive roaming usage after they have travelled and Customers may be billed for Roaming on their next month’s bill. Customers agree and understand that although they will be billed for usage in the next month, it relates to usage from the previous month.
16.5. Roam Europe:
16.5.a. Zone 1 to other Zone 1 – Customers can call within the EU and back to the UK.
16.5.b. The Customer acknowledges that calls from the EU to extended EU countries are not included in Roam Europe and they will be billed Out of Bundle Charges.
16.5.c. Zone 2 – Customers can call within country only and back to the UK.
16.5.d. Customers are advised for MBB Roaming; where roaming is open, this will include data and not voice or SMS. If voice or SMS is enabled this will result in Out of Bundle charges.
16.6. World Traveller:
16.6.a. Customers will have access to their UK allowance of calls, SMS & data in certain countries for a set daily charge and Customers will only be charged on the days used. This service is only available in country and back to the UK.
16.6.b. The daily charge will run from midnight to midnight based on the time zone of the capital city in the country the Customer is visiting.
16.6.c. Customers are advised that the daily charge will be activated on the first usage whether inbound or outbound. As an example, any incoming text, like a notification text, even an automated network notification text will activate the daily charge.
16.7.d. Calls out of the country, except back to the UK, will incur Out of Bundle charges. As an example, calls from the USA to Canada or from Canada to the USA are considered out of country calls and they will be billed as Out of Bundle Charges.
16.8.e. Maritime (SEA), in-flight (AAA), satellite services and private networks are not included. These services will be billed as Out of Bundle Charges. Customers are advised to either place their device on flight mode or switch off whilst in transit.
16.7. Travel Pass:
16.7.a. Customers will have access to their UK allowance of calls, SMS and data in countries outside Roam Europe and World Traveller; for a set daily fee. Customers are advised that they will be automatically opted in to travel pass as part of their Order and Agreement.
16.7.b. Customers are advised that the daily charge will be activated on the first usage whether inbound or outbound. As an example, any incoming text, like a notification text, even an automated network notification text, will activate the daily charge.
16.7.c. Zone 4, maritime (SEA), in-flight (AAA), satellite services and private networks are not included. These services will be billed as Out of Bundle Charges. Customers are advised to either place their device on flight mode or switch off whilst in transit.
16.8. 500 Flexi Roaming:
16.8.a. Customers are advised that:
- Both outgoing and incoming calls will be deducted off the 500 minute allowance when roaming,
- World Traveller and Travel Pass are not available on this Tariff Plan and if used the Customer accepts that they will be charged Out of Bundle rates per minute, per sms or per megabyte over their allowance.
The Customer accepts the below general rental terms and agrees that whilst these terms are in place, terms can change at short notice. Whilst the Company endeavours to notify the Customer in advance this may not always be possible:
- A deposit will be taken when the Customer collects the SIM and/or device,
- Rentals can be charged per day/week/month,
- Customers are advised that the device must be unlocked in order for the SIM card to work,
- Customers are advised that the device must be quad band for SIM only rentals to the USA,
- All rentals are sold with a minimum of three (3) days irrespective if used and returned prior to the three (3) days expiry. There are no options for one (1) or two (2) day rentals,
- Whilst The Company will make every effort to assist the Customer during the rental period, the Company cannot accept any liability should the Customer experience issues with the rentals,
- In addition, it is the Customer’s responsibility to notify the Company immediately if they are experiencing any issues with the rental whilst travelling abroad, failing to do so may result in the Customer being liable for the full rental charge,
- In addition, the Customer accepts that the Company’s decision is final.
17.2. Rental Returns:
17.2.a. The Customer acknowledges that SIM cards and/or rental devices must be returned the day after the rental period has ended to avoid further rental charges. The Customer accepts that should they return the rental SIM card and/or device more than three (3) days after the rental period has ended, this will incur a late fee which is fifty percent (50%) of the rental charge per day.
17.2.b. Upon return, the Customer will be charged the fee based on chosen tariff, the daily fee along with any additional usage and Out of Bundle charges. These fees will be taken off the deposit.
17.2.c. If a late fee charge is incurred, these fees will be included in the final rental invoice.
17.3. Data Rentals:
17.3.a. Customers acknowledge that Rentals inclusive of data are capped at three gigabytes (3GB) per week, except office MIFI rentals which are capped at ten gigabytes (10GB) per week.
17.3.b. Out of Bundle data charges will apply. Customers are advised that pre-loaded data bundles can be purchased in advance at a much cheaper rate.
17.4. Rentals Tech Support:
17.4.a. Customers agree that should they experience technical issues and/or faults with the connection or device this must be reported (by phone or email) to the Company as soon as possible.
17.4.b. The Company has an emergency contact number to report faults after hours.
17.4.c. The Company will not be able to offer discounts or refund for rental services that are not reported as faulty during the rental period.
17.4.d. Customers are advised to call from an alternate phone in order for the Company to troubleshoot.
17.4.e. The Company reserves the right to charge the Customer if a device or SIM is deemed as faulty or broken upon return to the Company and where the Company deems the damage has been caused whilst in the Customers possession.
17.4.f. The replacement fee for lost or stolen devices or SIMs varies depending on the brand of the device or SIM.
17.4.g. Should the Customer sign up for handset protection, Customers will be charged an excess fee. This fee may vary depending on the brand of the device.
18. PAYG Refills and Bundles
18.1. Customers can either purchase vouchers or load refills and bundles to their device.
18.2. Customers agree and understand that it is their own responsibility and not that of the Company to activate the voucher, to keep the voucher details safe and select the correct bundle when loading refills and bundles to their device.
18.3. Furthermore, the Customer acknowledges they would need to contact the Service Provider and not the Company when support is required.
19.1. The Customer agrees and commits to pay the Monthly Charges as detailed in the Agreement by the due date.
19.2. The Customer may be required to pay a security deposit following the credit check.
19.3. The Customer may request the return of the security deposit at the expiry of the Minimum Term however the decision to return the security deposit prior to the expiry of the Minimum Term will be at the sole discretion of the Company.
19.4. The Company reserves the right to set off the security deposit against any charges due or outstanding by the Customer.
19.5. Without prejudice to any other rights of the Company or Service Provider, in the event of the Customer failing to pay any sums due to the Company or to the Service Provider on time or at all, notwithstanding the delivery of written reminders to the Customer, the Company or Service Provider shall be entitled to:
- Reclaim from the Customer all costs and expenses (including legal costs) incurred in the collection of overdue amounts,
- Reclaim any Equipment provided free of charge at point of Connection,
- Suspend the provision of the Service and/or Additional Service and disconnect Equipment from the wireless service, Service and/or Additional Service; until all payments due including any interest incurred has been paid and satisfied in full,
- Reserves the right to review any Credit Limit, if any, applied to this Agreement.
19.6. All billing queries must be raised within thirty (30) days of receipt of invoice. It is at the Company’s or Service Provider’s sole discretion as to whether a rebate is granted, after the thirty (30) day period has lapsed.
19.7. The Company or Service Provider reserves the right to withhold or withdraw discounts on any invoices that remain unpaid for a period of ninety (90) days.
19.8. The Customer agrees to pay interest on late payment and accepts that where continuous late payments are made, the Service and/or Additional Service may be suspended or terminated.
20. Out Of Bundle Charges
20.1. The Customer accepts and agrees that Out of Bundle Charges will be incurred but not limited to the below when:
- inclusive minutes/text/data has been exhausted,
- roaming in certain countries,
- an SMS is sent to certain landline and mobile numbers,
- a non-standard SMS is sent to a UK Mobile Number,
- call return is selected as an option when listening to voicemail,
- the 160-character limit for a single SMS is exceeded and the SMS automatically converts to an MMS,
- calls are made to the Channel Islands, above their fair usage policy.
21. Payment Terms
21.1. All Company invoices must be paid within fourteen (14) days from the Invoice Date.
21.2. Late payment of an invoice will attract interest charges calculated at the Bank of England Base Rate plus five percent (5%). The Company will calculate late payments daily until the full payment, including any interest accrued, is made.
21.3. The Customer can pay the Company and/or Service Provider invoices by direct debit, cheque, debit or credit card. Please note a surcharge of three pounds and fifty pence (£3.50) will be charged for non- Direct Debit payments.
21.4. The Company sends itemised invoices by email each month however should the Customer elect to receive their invoices as a paper bill, an additional one pound and fifty pence (£1.50) per account will be charged to the Customer.
21.5. Should the Customer request a copy of an invoice where the original has already been sent out, a charge of two pounds and fifty pence (£2.50) per invoice will be charged to the Customer’s account.
21.6. Should the Customer elect to pay by debit or credit card and the invoice is not paid by the due date, the Company is authorised to debit the Customer’s nominated debit or credit card with all charges due and payable to the Company.
21.7. The Customer agrees to pay the Company in full, without any offset, all sums due to the Company under this Agreement.
21.8. The Customer agrees to pay all invoices from the Company or relevant Service Provider for any Goods, Services and/or Additional Services including; but not limited to; Line Rental charges, Bolt-Ons, Add-Ons and Out of Bundle charges as well as any additional purchases of products or services, in accordance with the Company and/or Service Provider Agreement.
21.9. Out of Bundle and/or usage charges are invoiced monthly in arrears and Line Rental, Bolt-On and Add-On charges, including any other applicable charges, are invoiced monthly in advance.
21.10. If any payment is cancelled or returned unpaid by the Customer’s bank or if the Customer fails to dispute any invoice within fourteen (14) days of its Invoice Date, then without prejudice to any right or remedies under this Agreement, the Company may, from the time of such failure:
- Charge the Customer interest at the Bank of England base rate plus five percent (5%).
21.11. If the Customer fails to pay the invoice within thirty (30) days from the Invoice Date the Company reserves the right:
- To charge a further two percent (2%) interest in addition to the clause above, calculated from day thirty (30) until the date payment is made.
21.12. For the avoidance of doubt, failure to pay the invoice on time or the cancellation of a direct debit shall be considered breach of contract allowing the Company:
- To suspend or terminate this Agreement immediately until full payment has been made including any interest accrued,
- Withhold or withdraw discounts and provide Services and/or Additional Services at the standard published Line Rental, Bolt-On, Add-On and Out of Bundle rates,
- Take legal guidance and action to recover overdue payments and Equipment provided.
21.13. The Customer acknowledges that they will pay all the Company’s costs, charges, expenses directly or indirectly incurred in obtaining or otherwise enforcing payment of outstanding invoices.
21.14. Should the Customer have a dispute with regards to the Line Rental charges, Bolt-On charges, Add-On charges, Out of Bundle Charges or any other charges, the Customer shall give the Company written notice within thirty (30) days of the Invoice Date stating the amount in dispute and the reason for the dispute.
21.15. The Customer remains liable for all charges, whether the Customer or someone else used the Services and/or Additional Services and whether the Services and/or Additional Services were used with the Customer’s knowledge and consent or otherwise including and not limited to calls made by rogue callers and calls made by any third party who has gained unauthorised access to the Customer’s Equipment, devices or system.
21.16. The Company retains the right to change the charges set out in the tariff sheets at any time. At times, these changes may be implemented without prior notification to the Customer. Whilst the Company will endeavour to publish prior notification of these changes, the Customer accepts that by continuing to use the Service and/or Additional Service, this will be deemed by the Company as acceptance of these changes.
21.17. The Customer accepts and agrees that they may be charged for usage in the following month in certain circumstances
- Where the Customer has been roaming and the Company has received the usage data after the billing period,
- Where the Customer has gone over the monthly allowance,
- Where the billing cycle has changed due to Bank Holidays or any other event, natural or otherwise.
22.1. The Company may vary all or any of its charges, whether an increase or decrease; for any Goods, Services and/or Additional Services it offers. Such variances will take immediate effect under this Agreement unless otherwise stipulated. The Company may vary the conditions of this Agreement in consideration of changes made by suppliers, new legislation, statutory instrument, government regulations, licenses or similar matters. At times, these variations may be implemented without prior notification to the Customer.
22.2. It is the policy of the Company to continually review the Tariff Plans (including Line Rental charges, Bolt-On charges, Add-On charges and Out of Bundle charges), its service charter and the terms upon which it contracts with Customers to maintain a competitive advantage over other providers of similar service. The Company accordingly reserves the right to vary its Tariff Plans (including Line Rental charges, Bolt-On charges, Add-On charges and Out of Bundle charges), its service charter, the process or these terms from time to time; for any of the Goods, Services and/or Additional Services it offers; to the benefit of most of its Customers. At times, these variations may be implemented without prior notification to the Customer.
22.3. Wherever possible the Company will endeavour to publish prior notification for the above Variations; however the Customer agrees and acknowledges, that by accepting this Agreement the Customer also accepts that the Company reserves the right to make these changes, without prior notification to the Customer and that the Tariff Plans (including Line Rental charges, Bolt-On charges, Add-On charges and Out of Bundle charges) may result in either an increase or decrease.
22.4. Each year in April or August, the Company may increase your monthly Tariff Plan including Line Rental charges, Bolt-On charges, Add-On charges and Out of Bundle charges, by an amount equal to the Retail Price Index rate published by the Office for National Statistics in January (RPI rate) plus an additional 3.9% on top of the RPI rate. This will be applied from the April or August invoices. In the event that the RPI rate is negative, this will be ignored but the additional 3.9% may still apply.
23. Suspension of the Services
23.1. The Company shall be entitled, for business, operational or technical reasons to suspend a Customer’s Services and/or Additional Services when the Customer is in breach of certain terms.
23.2. If the Customer is in breach of a material term of this Agreement the Company may at its sole discretion and upon giving the Customer written notice to suspend, without compensation, the provision of Services and/or Additional Services for a period not exceeding fourteen (14) days.
23.3. If the breach is capable of remedy and is remedied by the Customer within the fourteen (14) day period, then the Company shall recommence the provision of Services and/or Additional Services.
23.4. If the breach is not capable of remedy or if not remedied within the fourteen (14) day period, the Company shall have the option of either terminating this Agreement or continuing the Services and/or Additional Services.
24.1. Acceptance of the Equipment by the Customer shall take place when the Customer takes delivery or possession of the Equipment.
24.2. Where Equipment is provided to the Customer on a free of charge basis or where the Customer has made a partial payment as part of the Agreement, the Equipment shall remain the property of the Company until the end of the Minimum Term. The Customer acknowledges they will keep the Equipment in good working order during the period of use.
24.3. Following any upgrade of Equipment or disconnection of the Equipment from the wireless service, Service and/or Additional Service, the Company shall reserve the right to request the safe return of the Equipment from the Customer to the Company. The Customer acknowledges they will keep the Equipment in good working order during the period of use by the Customer.
24.4. The Company reserves the right to charge the Customer any applicable replacement or repair charges as per current pricing for any Equipment that is not returned to the Company in accordance with the provisions of this clause.
24.5. Customers acknowledge that some Equipment, irrespective of being used in the UK, may be provided with either no plug or non-UK plugs; depending on the manufacturer and supplier. Where plugs are supplied in the box, the Company will endeavour to provide a UK plug; if the manufacturer or supplier has made this available to the Company.
24.6. As part of the Agreement, the Company may offer an Equipment credit in lieu of Equipment, accessories and ancillary Equipment for each SIM card connected to the mobile Service Provider. This credit may only be used as a credit against invoices issued by the Company in respect of the provision of Equipment and accessories and has no other monetary value whatsoever.
24.7. Equipment or Accessory Promotions or Giveaways:
24.7.a. Customers acknowledge that the Equipment or accessory given as part of a promotion or giveaway may be an ex-demonstration unit, refurbished or similar and therefore the box and/or packaging will have been opened and the Equipment or accessory may have been used.
24.7.b. The Customer accepts that whatever Equipment or accessory the Company offers is final, regardless of colour; unless specifically specified in advance.
24.8. Equipment and Accessory Collection:
24.8.a. It is Company policy for all Equipment and accessories to be collected and signed for at one of the Company branches.
24.8.b. Payments made by cheque, BACS, debit or credit card will need to be cleared in the Company’s bank account before Orders or Equipment can be released to the Customer.
24.8.c. It is the Customer’s responsibility to check the Order at point of collection and bring any issue found to the attention of the Company employees on duty.
24.8.d. The Company cannot accept liability for any delays from suppliers or Service Providers outside of their control. These include, but are not limited to, delays caused by delivery companies, Service Providers, credit searches or suppliers failing to deliver stock. The Customer will be advised of expected delays wherever possible.
24.8.e. Risk of the Equipment will pass to the Customer upon collection, who will then become liable for any loss or damage.
25. Returns, Repairs and Refund Policy:
25.1. Once the Customer’s line(s), telephone numbers and/or SIM cards are live on the network, there are no returns and the Customer will be bound by the Company and/or Service Provider Agreement for the Minimum Term. (Please check full terms and conditions of the Service Provider Agreement).
25.2. If the Customer receives a faulty item(s), the Company will replace the item(s) with a like for like item (subject to availability), arrange for a repair or offer a store credit, provided the Customer notifies and returns the item(s) to the Company within fourteen (14) days of the purchase date. The Company reserves the right to have the faulty item(s) checked with the manufacturer or similar company before providing the replacement, arranging a repair or offering a store credit. The Company will not be able to offer a replacement or store credit should the faulty item(s) be classified as faulty due to Customer causing damage- whether on purpose or accidental. The Customer acknowledges the Company is not responsible for delays whilst the device is with the manufacturer.
25.3. For faulty item(s) outside the fourteen (14) days of purchase date, the Company can offer advice on how the Customer can claim under manufacturer or supplier warranty and where the Company has signed into an agreement with the manufacturer or supplier to act as representative for warranty claims, it will be decided as per individual manufacturer or supplier policy as to how the claim will be dealt with. The Company will not be able to offer a replacement or suitable alternative should the faulty item(s) be classified as faulty due to Customer causing damage- whether on purpose or accidental.
25.4. Should the Customer decide to return faulty item(s) via delivery method, the Company will not be liable for loss or damage that arises while the returned item(s) are in transit.
25.5. Customers agree that there might be a repair fee for repairs to Equipment that is in or out of warranty. Customers will be quoted a guide price and the final cost will be billed to the Customer.
25.6. The Company cannot be held liable for any Equipment sent for repair that may become lost or damaged. This includes but is not limited to loss of data on the Equipment or device. Customers are advised to back up and save all data on their devices before sending for repair.
25.7. In addition to the above terms, the below specific Equipment only, returns terms are in place:
- Kosher and TAG Devices cannot be returned or exchanged, even if found to be faulty. This takes effect once the Customer leaves the Company premises after the purchase,
- The Company offers no exchanges and no refunds for any devices purchased in store,
- Where a device or accessory has a manufacturers’ warranty in place, and a Customer wishes to make a claim, the Customer acknowledges the claim must be made with the manufacturer and not with the Company. The Customer accepts and agrees that should the Company assist the Customer with this process, no accountability or responsibility falls onto the Company and this remains between the manufacturer and Customer.
26.1. Termination Notice may be given by the Company at any time claiming that:
- The Customer has persistently failed to pay invoices due to the Company under this Agreement,
- The Customer is otherwise materially or persistently in breach of the Agreement,
- Bankruptcy or insolvency proceedings are brought against the Customer, or if an agreement with creditors is made, or a receiver or administrator is appointed over any of the Customer’s assets, or the Customer goes into liquidation,
- The Service and/or Additional Service becomes unavailable due to the termination of the Customer’s Agreement with the Service Provider(s),
- Without prejudice to any other claims or remedies which the Company may have against the Customer, the Company may terminate this Agreement by giving notice to the Customer with immediate effect in any of the following circumstances:
- If the Customer does or allows anything which in the Company’s opinion, may jeopardise the operation of the Service and/or Additional Service,
- If the Customer provides false or misleading information.
26.2. Upon the termination of this Agreement the Company shall disconnect the line(s), telephone number(s) and/or SIM Card(s) from the Service Provider. If the Company at their sole discretion, agrees to reconnect the Customer following a disconnection, the Customer shall be liable for a re-connection charge equal to the Connection Charge and this Agreement shall continue.
26.3. On termination of this Agreement, after the Minimum Term, the Company and/or Service Provider reserves the right to charge the Customer any applicable Termination Fee plus unbilled usage per number when the contract ceases, and the numbers are moved to another Service Provider.
26.4. The Company reserves the right to add to the invoice, the reasonable costs incurred in receiving any outstanding debt due from the Customer.
26.5. The Customer agrees that should an early termination of the Agreement be requested; the Customer will be liable to pay the Termination Fee for the remaining Minimum Term. For the avoidance of doubt, the Termination Fee will include the remaining monthly Line Rental, Bolt-Ons and Add-Ons to the end of the Minimum Term plus any unbilled usage plus appropriate additional fees which may arise from Service Provider charges. The Customer accepts the this calculation will be at the standard rates and will exclude any discounts applied.
26.6. Should the Customer wish to terminate their Agreement or transfer to an alternative supplier after the Minimum Term, thirty (30) days written notice must be provided by post or by email. In the event where thirty (30) days written notice has not been supplied; the Company reserves the right to charge the Customer the full Line Rental charges, Bolt-On charges, Add-On charges and Out of Bundle charges for thirty (30) days. This condition does not remove liabilities of contractual terms entered. Furthermore, the earliest the Customer can provide notice is thirty (30) days prior to the end of the Minimum Term.
26.7. Should business Customers with ten (10) plus employees wish to terminate their Agreement or transfer to an alternative supplier after the Minimum Term, ninety (90) days written notice must be provided to the Company in the form of a letter sent by recorded delivery or by email. In the event where ninety (90) days written notice has not been supplied; the Company reserves the right to charge the Customer the full Line Rental charges, Bolt-On charges, Add-On charges and Out of Bundle charges for ninety (90) days. This condition does not remove liabilities of contractual terms entered. Furthermore, the earliest a business Customer with ten (10) plus employees can provide notice, is ninety (90) days prior to the end of the Minimum Term.
27. Customer Responsibilities
27.1. The Customer accepts that this Agreement shall commence when the Agreement has been issued to the Customer and/or on the Connection Date of each number and shall continue thereafter unless terminated.
27.2. The Customer accepts that it is their sole responsibility to ensure they are out of contract with their previous provider and if not, the Customer is liable for any early termination/cessation charges applicable.
27.3. The Customer will undertake with the Company that throughout the Minimum Term it will:
- Not permit its employees to act or omit to act in any way, which may injure or damage any person’s property, which may cause the quality of the wireless service, Service and/or Additional Service to be suspended,
- Not use or allow its employees to use the Equipment or have access to the wireless service, Service and/or Additional Service for improper, immoral or unlawful purpose,
- Not use or operate a GSM Gateway; either directly or through a third party; by using a device to route or re-route voice, data or other Services on, from or to the Service Provider. The Customer agrees that they will accept and pay any penalty charges issued by the Company if a GSM Gateway has been used. Penalty charges will be determined following an investigation and will be based on legal guidance,
- Comply with all statutory requirements in relation to the use of the Equipment and the wireless service, Service and/or Additional Service,
- Provide the Company with information as the Company reasonably requests in connection with this Agreement,
- Not use the Equipment and the wireless service, the Service and/or the Additional Service for any purpose other than that for which it was designed or intended,
- Notify the Company immediately (and confirm in writing) on becoming aware that any Equipment has been lost or stolen or that any person is making improper or illegal use of the Equipment or the wireless service, the Service and/or the Additional Service,
- Be responsible for any charges incurred resulting from the unauthorised use of any Equipment, SIM Card(s), or the information contained within a SIM Card, until the Company has suspended the Service and/or Additional Service,
- Not damage or tamper with the Equipment to invalidate any warranty provided by the manufacturer and to pay the standard charges levied by the Company for repair work on Equipment which is outside (in scope or time) the warranty provided by the manufacturer,
- Not damage or tamper with any software to invalidate any warranty provided by the supplier,
- Use the Equipment and any software in accordance with the user guide or other reasonable instructions of the manufacturer, supplier or instruction of the Company and not to copy (save as permitted by law) reverse engineer or modify the software in any way,
- Agree that these terms shall also apply to any Orders placed by any subsidiaries or group companies of the Customer (unless the parties agree in writing otherwise). The Customer agrees that it is the authorised agent of its subsidiary and group companies and will be liable to the Company for all claims, losses and expenses arising out of breach of the terms of this Agreement by any subsidiary or group companies,
- Agree that these terms and conditions along with the Agreement shall govern this Agreement between the Company and the Customer to the exclusion of any other terms and conditions oral or written and all representations for communications between the parties regarding the Agreement,
- Agree that where a Customer has contracted with an Agent of the Company or via referral, the Customer acknowledges and understands that they will be liable to the Company and accepts these terms and conditions along with the Agreement,
- Promptly advise the Company of any change of address in writing, either by email or letter sent to the Company’s registered address by recorded delivery. Any notice hereunder sent by the Company to the Customer will be deemed as served to the Customer forty-eight (48) hours from posting to the last address the Customer provided to the Company in writing.
28. Call Recording
28.1. By engaging with the Company; the Customer agrees that the Company reserves the right to record calls, for the following purposes:
- For training,
- To ensure quality standards are maintained,
- To ensure targets are met,
- For supervision,
- To provide evidence of a business transaction,
- To ensure that the Company complies with regulatory procedures,
- To investigate the unauthorised use of the Company’s telephone system,
- To secure the effective operation of the telephone system.
28.2. All Company employees have been advised that calls may be recorded, silently monitored or intruded into at any time and will endeavour to advise the Customer or Agent accordingly but are not required to do so.
28.3. The Company is under no obligation to inform Customers or an Agent, that calls may be recorded; provided calls are not shared with a third-party company and are used for the purposes detailed in the above clause.
28.4. By engaging with the Company, the Customer and Agent acknowledges and accepts that it is considered unethical to bug the Company, Customer or anyone else’s office or telephone lines to learn commercial secrets. UK law rightly makes such third-party interception, where neither party to the call knows that the call is being recorded, illegal.
29.1. If any part of the terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions of the terms.
29.2. In any such circumstances the parties shall negotiate, in good faith, to agree the terms of mutual satisfactory provision, achieving as near as possible the same commercial effect, to be substituted for the provision, which is found to be invalid, illegal or enforceable.
30.1. No waiver by the Company shall be construed as a waiver of any proceeding or succeeding breach of any provision.
30.2. The failure or delay by either party to this Agreement, to exercise or enforce any right, power or remedy under this Agreement, shall not be deemed to operate as a waiver of any such right, power or remedy, nor shall any single or partial exercises by any party operate so as to bar the exercise or enforcement thereof or of any right, power or remedy on any later occasion.
31. No Third-Party Rights
31.1. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement however this does not affect any right or remedy of a third party which exists, apart from by the Act.
32.1. The Customer agrees to fully indemnify, defend, and hold the Company, its officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms by the Customer, or any other liabilities arising out of the Customer’s use of the Company’s Goods, Services and/or Additional Services and Website.
33. The Company’s Liability
33.1. The Company acts as a broker between the Customer and the Service Provider who supplies the services.
33.2. The Customer accepts and acknowledges that the Company shall not be held liable for any default of the Service Provider.
33.3. The Company will not and cannot be responsible to the Customer in contract, tort or otherwise, including any liability for negligence, for any loss of revenue, business, anticipated savings or profit or of any indirect or consequential loss however arising.
33.4. The Customer accepts and agrees that the Company cannot be held liable or accountable in the below scenarios which is out of their control. The Customer understands and accepts that in these types of scenarios the liability and accountability fall on the Service Provider and not on the Company. This includes but is not limited to:
- A scenario where the Customer suffers a loss in Service and/or Additional Service whether ceased/disconnected/interrupted by the Service Provider for whatever reason,
- Where a loss in Service and/or Additional Service as per clause above results in the Customer’s number(s) not being reconnected by the current Service Provider for whatever reason and where the Service Provider is unable to authorise the Customer’s number(s) to be ported to an alternate Service Provider.
33.5. This does not affect the Customer’s statutory rights or purport to exclude liability for personal injury or death arising out of the Company’s negligence.
33.6. This Agreement constitutes the entire Agreement between the parties along with the Service Provider Agreement and supersedes all prior negotiations, representation, proposals and agreements; whether written or oral; relating to the matter of this Agreement.
33.7. The Customer agrees that these terms and conditions shall govern this Agreement between the Company and the Customer and that these may be amended by the Company at any time without prior notification. Amendments will be communicated via e-marketing, Website or posted letter.
33.8. Provision of the Service constitutes acceptance of the terms of this Agreement. All Services connected by the Company to the Service Provider shall be governed by the terms and conditions hereunder. This Agreement shall be deemed to commence when the Agreement has been issued to the Customer or on the Connection Date of each Service and/or Additional Service.
33.9. The Customer must promptly advise the Company of any change of address in writing, either by email or letter sent to the Company’s registered address by recorded delivery. Any notice hereunder sent by the Company to the Customer will be deemed as served to the Customer within forty-eight (48) hours of posting or sent in a digital format to the last address (physical or email) the Customer provided to the Company in writing.
34. Disputes and the law
34.1. This Agreement is governed by English Law. Should the Customer have a complaint regarding the Company’s service they should refer to the Complaints Procedure; or contact the Company’s registered address and request a copy of the complaints procedure. This document can also be found on the Company’s Website. Should the Customer not be happy with the way the complaint has been handled and wish to proceed in court, this must be done within England and Wales.