2u Terms & Conditions

2u Insurance Terms & Conditions

Duncan Elliott — 2008-02-27

This insurance is underwritten by Equity Red Star and arranged by Supercover Insurance Plc . Equity Red Star is managed by Equity Syndicate Management Limited, which is authorised and regulated by the Financial Services Authority. Equity Syndicate Management Limited is registered in England number 426475. The registered address is at Library House, New Road, Brentwood, Essex, CM14 4GD. Mobile Phone World Ltd (trading as 2u), and Supercover Insurance Plc is authorised and regulated by the Financial Services Authority. You can visit the Financial Services Authority website, which includes a register of all regulated firms at www.fsa.gov.uk/register or by contacting them on 0845 606 1234.

Introduction
In return for the payment of your premium we will provide insurance for your electronic equipment during the period of cover, as stated in the application, subject to the terms, conditions and limitations shown below or as amended in writing by us.

For monthly insurance policies this is a monthly contract and is only in force if the monthly premium has been paid. For policies of a longer duration premium must be paid at inception and the policy will remain in force for the period shown on your Letter of Introduction and will remain in force until the period expires or is cancelled in accordance with Conditions and Limitations 5, 6 or the section headed Cancellation.

These Terms apply to electronic equipment except where stated or not applicable.

Insurance Certificate Definitions
The words and phrases defined below have the same meaning wherever they appear in bold in this certificate.

Accidental loss means that the electronic equipment has been accidentally left by you in a location and you are permanently deprived of its use.
Commercial vehicle - any vehicle used wholly or partly for commercial or business purposes or any other vehicle that is being used for commercial or business purposes at the time of any loss or damage to the electronic item.
Consequential Loss - indirect loss or damage resulting from the event which caused the claim under this policy Excess - the amount that you have to pay of each claim.
Electronic Item - the single item insured by this certificate, purchased by you and provided by a supplier approved by us.
Immediate family - your mother, father, son, daughter, spouse, domestic partner.
Mobile phone/PDA - the single cellular telephone insured by this certificate, purchased by you and provided by a supplier approved by us..
Period of cover - For monthly policies 1 (one) calendar month from the inception date, renewing monthly on the same day each month (the last day of the month will apply appropriately to each month) provided the monthly premium is paid. For policies of longer duration the period is specified in your Letter of Introduction
Reasonable precautions -all measures that it would be reasonable to expect a person to take in the circumstances to prevent loss, damage or theft of your electronic item
Terrorism means any act of any person or organization involving, causing or threatening harm or putting the public or any section of the public in fear if it is likely that the purpose is of a political, religious, ideological (of an intellectual or rational nature) or similar nature.
Unattended - not within your sight at all times and out of your arms-length reach.
We, us, our - Equity Red Star.
You, your - the person, who owns the electronic item as stated on the application from overleaf.

WHAT WE WILL COVER
Your electronic item is covered for
A. Accidental Damage
We will pay repair costs if your electronic item is damaged as the result of an accident.
B. Theft
If your electronic item is stolen we will replace it.
Where only part or parts of your electronic item have been stolen, we will only replace that part or parts.
C. Accidental Loss If you lose your mobile phone or PDA we will replace it. No other electronic equipment is insured for loss.
D. Breakdown which occurs outside of the manufacturers guarantee period. This cover is not available on computers.

What we will pay (electronic items excluding laptops & PCs)
If £2.49 Premium, the maximum replacement value for any single claim is £150.
If £3.99 Premium, the maximum replacement value for any single claim is £250.
If £5.88 Premium, the maximum replacement value for any single claim is £400.
If £7.99 Premium, the maximum replacement value for any single claim is £1000
If £9.99 Premium, the maximum replacement value for any single claim is £1500
If £14.99 Premium, the maximum replacement value for any single claim is £2500

What We Will Pay (Laptops & PCs)
If £5 Premium, the maximum replacement value for any single claim is £1000
If £6.25 Premium, the maximum replacement value for any single claim is £1250
If £7.50 Premium, the maximum replacement value for any single claim is £1500
If £10.00 Premium, the maximum replacement value for any single claim is £2500

WHAT WE WILL NOT COVER
Your mobile electronic item is not covered for

Theft:
- from any commercial vehicle, convertible or soft top vehicle;
- from any motor vehicle where you or someone acting on your behalf is not in the vehicle, unless the electronic equipment has been concealed in a locked boot, locked glove compartment or other locked internal compartment and all the vehicle's windows and doors closed and locked and all security systems have been activated;
- if left on any motor vehicle roof, bonnet or boot;
- from any type of transport except as permitted above; Comment
- from any building, land or premises unless force, resulting in damage to the building or premises, was used to gain entry or exit; Comment
- from your control or the control of any member of your immediate family, except where it has been concealed either on or about the person and not left unattended, or the use of physical force or violence against the person has been used or threatened;
- where the electronic equipment has been left unattended when it is away from your home;
- where reasonable precautions have not been taken;
- if the serial number has been tampered with in any way.
Loss or damage caused by:
- you deliberately damaging or neglecting the electronic equipment;
- you not following the manufacturer's instructions;
- routine servicing, inspection, maintenance or cleaning;
- the use of accessories.
Repair or other costs for:
- routine servicing, inspection, maintenance or cleaning;
- loss caused by a manufacturer's defect or recall of the electronic equipment;
- replacement of or adjustment to fittings, control knobs or buttons, batteries or aerials;
- repairs carried our by persons not authorised by us;
- wear and tear or gradual deterioration of performance.
Any kind of damage whatsoever unless the damaged electronic equipment is provided for repair.
Any loss involving a SIM (subscriber identity module) card.
Any expense incurred as a result of not being able to use the electronic equipment, or any loss other than the repair or replacement costs of the electronic equipment unless relating to unauthorized call use for your mobile phone up to the maximum value of £100.
The first £25 An excess fee for all claims which must be paid before your claim can be approved. If your claim is for a laptop, there is a £75 excess fee for each claim within the UK and £100 for any international claim. If your claim is for an iPhone, the excess fee is £50 for any claim relating to theft or damage, and £75 for any claim relating to loss. For any international claim, the excess fee is £75. For all other electronic equipment, there is an excess fee of £25 for theft / damage claims and £50 for loss claims and £75 for international claims.
Loss of or damage to accessories of any kind.
Any loss or damage caused by the failure of any electrical or computer equipment, software, micro-controller, microchip, accessories or associated equipment to correctly recognise and process any calendar date or time.
If the original SIM card was not in a mobile phone at the time of the loss, damage or theft. Comment
Reconnection costs or subscription fees of any kind.
The cost of replacing any personalised ring tones or graphics, downloaded material or software.
Please note: if you are insuring an item without SIM card capability, all exclusions relating to SIM cards are not applicable.
War Risk
Terrorism, war, invasion, acts of foreign enemies, hostilities whether war is declared or not, civil war, rebellion, revolution insurrection, military or usurped power, confiscation, nationalism or requisition or destruction or damage to property by or under the order of any government or public or legal authority.
Nuclear Risk
Damage or destruction caused by, contributed to or arising from:
a. ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; or
b. the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or component thereof.
Sonic Boom
Damage or destruction directly occasioned by pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds.
Loss of Data or Software
Any loss of or damage to information or data or software contained in or stored on the electronic equipment whether arising as a result of a claim paid by this insurance or otherwise.
Consequential Loss
Any consequential loss or damage arising from accidental damage, theft, accidental loss, breakdown or from any cause whatsoever.
Liability of whatsoever nature arising from ownership or use of the electronic equipment, including any illness or injury resulting from it.
Value Added Tax (VAT) where you are registered with HM Revenue and Customs for VAT.

Replacement
1. This policy offers replacement only and is not a replacement as new policy. If the electronic equipment cannot be replaced with an identical electronic equipment of the same age and condition, we will replace it with one of comparable specification or the equivalent value taking into account the age and condition of the original electronic equipment.
2. In the event of a valid claim resulting in the replacement of the electronic equipment, this policy will not automatically cover the item or items of replacement equipment during the remainder of the policy year in which the claim has been settled. However, the replacement electronic equipment may be insured on payment of an additional premium, which will be proportionate to the value of the replacement equipment.

Conditions and limitations
1. Unless we have agreed differently with you, English law and the decisions of English courts will govern this insurance. Any contract will be based in English.
2. This insurance only covers an electronic item bought and used in the UK, the Isle of Man and the Channel Islands. Cover is extended to include use of the electronic item anywhere in the world up to a maximum of 60 days in total, in any single 12 month period, subject to any repairs being carried out in the UK by repairers approved by us.
3. The electronic item must be less than 6 months old (excluding Laptops which must be less than 3 months old) with valid 4. You must provide us with any receipts, documents or proof of purchase, that it is reasonable for us to request.
5. This insurance may only be altered, varied or its conditions altered or premium changed by one of our authorised officials, giving you 30 days notice in writing.
6. We may cancel the policy by giving you 30 days notice in writing. In the event of any claim you are responsible for the payment of any outstanding premium.
7. You cannot transfer the insurance to someone else or to another electronic item without our written permission.
8. You must take all reasonable precautions to prevent any loss or damage.
9. Cover excludes costs or payments recoverable from any party, under the terms of any other contract, guarantees, warranty, or insurance.
10. In respect of monthly policies if the Direct Debit premium payment is cancelled or unsuccessful at any given point, no benefits shall be due whatsoever..
11. If your policy is a monthly policy and you make a claim within the first 60 days of taking out a policy. You will be required to pay for the year's premium in advance before we can authorize any claim.

CANCELLATION
Your right to change your mind. You may cancel the insurance, without giving reason, by sending us written notice and returning the insurance documents within 14 days of it starting of (if later) within 14 days of you receiving the insurance documents.
Cancellation after the withdrawal period
If you wish to cancel your insurance and pay monthly you can do so in writing allowing one months notice. For policies of longer duration you are only entitled to cancel within 14 days of receiving your policy documents.

Claims procedure
1. You must:

notify Supercover Insurance Plc on 0871 222 1130 as soon as possible in any event of any incident likely to give rise to a claim under this insurance
report the theft or accidental loss of any mobile phone or PDA, within 12 hours of discovery to your Airtime Provider and blacklist your handset;
report the theft or accidental loss of any electronic equipment to the Police within 24 hours of discovery and obtain a crime reference number in support of a theft and a lost property number in support of an accidental loss claim;
provide us with details of the claim and any other contract, guarantee, warranty or insurance that may apply to the loss including but not limited to household insurance. Where appropriate a ratable proportion of the claim may be recovered direct from these Insurers.

2. If we replace your electronic equipment the damaged or lost item becomes ours. If it is returned or found you must notify us and send it to us if we ask you to.
To help us improve our service we may record or monitor telephone calls.
WARNING:
We will process your claim under the terms and conditions of this insurance based on the first reason notified to us for the claim. If your claim is not covered and you then submit a claim having changed the reason we consider this as fraud. Details of all such cases will be passed to appropriate agencies for action.

WARNING
We will process your claim under the terms and conditions of this insurance based on the first reason notified to us for the claim. If your claim is not covered and you then submit a claim having changed the reason we consider this as fraud. Details of all such cases will be passed to appropriate agencies for action.

Complaints:
We are proud of our reputation for fairness in our treatment of our customers.
However, occasionally disputes or misunderstandings can arise.

Any enquiry or complaint you have regarding your Policy should be addressed to

The Customer Services Director, Supercover Insurance, 204 Cumberland House, 80 Scrubs Lane, London, NW10 6RS. You should provide details of your policy and in particular, your policy number, to help with the speedy handling of your enquiry.

In the event you remain dissatisfied please write to:
Chief Executive of Equity Red Star. Equity Red Star, 52 Leadenhall Street, London, EC3A 2BJ

After this action, if you are still not satisfied with the way a complaint has been dealt with, you may ask the Complaints Department at Lloyd's to review your case. The address is: Complaints Department, Lloyd's, One Lime Street, London, EC3M 7HA
Phone: 020 7327 5693, Fax: 020 7327 5225, E-mail: Complaints@Lloyds.com

Having followed this procedure your complaint can be referred to the Financial Ombudsman Service (FOS).
The address is: South Quay Plaza, 183 Marsh Wall, Docklands. London, E14 9SR, Tel: 0845 080 1800
(These procedures do not affect your right to take legal action if necessary.)

COMPENSATION SCHEME
Equity Redstar Services Limited is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme, if they cannot meet their obligations. This depends on the type of business and the circumstances of the claim. Most insurance contracts are covered 100% of the first £2000 and 90% of the remainder of the claim. You can get more information about compensation scheme arrangements from the FSCS.

MOBILE PHONES ONLY- we will offer you a free battery subject to no claims being made within the first 12 month period of cover. 12 consecutive monthly premiums must be paid. The free upgrade is subject to no claims being made within a 24 month period. 24 consecutive monthly premiums must be paid on time. The free upgrade offer is also subject to signing a new 12 month agreement with your service provider and the return of your original handset. If you are not able to upgrade with your service provider, you will not be eligible to receive the free upgrade.
These upgrade offers do not form part of your insurance contract with Equity Redstar Services Limited . If you have any questions or complaints about the upgrade or battery offers, please contact Supercover Insurance Plc, 204 Cumberland House, 80 Scrubs Lane, London, NW10 6RF.
We will keep a record of your transaction and thereby the contract of purchase. Although the transaction details are not available to you, you are able to cancel the contract at any time and thereby stop us protecting your electronic item.

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Non-Underwritten Terms
2u endeavours to give a fair and factual description of the insurance products contained on web pages controlled by 2u. However due to the nature of the internet other websites may have linked to the 2u website after giving an explanation on their own website of the 2u insurance products and in these cases the customer understands that 2u will not be held responsible for the wording of these 3rd party websites. The customer agrees that the wording of other websites is wholly out of the control of 2u and only the wording on the 2u pages will be accepted as a description of the type of insurance the customer will receive. The customer should take up any issues resulting from the wording on other websites with the owners of those websites or through the relevant channels. However please feel free to report anything you find that may be misleading regarding any 2u product to compliance@2u.co.uk

2u Purchase Terms & Conditions

Duncan Elliott — 2008-02-27

Please note that none of the following terms and conditions affect your statutory rights. These terms and conditions can be changed at any time by Mobile Phone World Ltd without notice.

Customer Services Contact Details
Phone 08707 607 687
Open Monday to Friday 10:00 - 17:00 hrs,
Calls charged at national rates.
Email -

Address -
Mobile Phone World Ltd (Parent Co.)
1st Floor,
7 - 10 Chandos Street,
London
W1G 9DQ,
UK

1. Delivery
In the event of delivery not being possible within 14 days (UK) (21 days elsewhere) of receiving the order, we will undertake to keep you informed of any changes and give you the option to cancel the order and receive full refund of monies paid if that is your desire. We will endeavour to deliver your products as soon as possible.

When items are in stock (either with us or the supplier) we will send orders out to you on the following services:
UK delivery -
Recorded mail - delivery can be expected within 2 working days of placing an order, but on occasion can take up to a week from time of despatch. Please allow 28 days for delivery.
Special Delivery - delivery can be expected within 2 working days of placing an order, but on occasion can take up to a week from time of despatch. Please allow 28 days for delivery.

When the order is not in stock we will first find an approximate delivery date. You will then be contacted with this information and you will have the choice to cancel your order with a full refund of any monies paid or you may choose to continue your order.

When payment details are provided to us and you do not make payment via our secure real time credit card transaction facility we will not process the payment until we know that the order is in stock.

2. Returns
Should you not be entirely happy with your order then please within 7 days of receipt;

contact us first by phone on 08707 607 687 (or to return a phone on 0845 655 55 22) - We will then give you the appropriate address to return your product - and
email with your intent to cancel AND all your personal contact details as well as the order details (product and order ID), to

and
return the product within 7 days of receipt.

We will then arrange for a refund or replacement within 30 days.

A replacement will be sent as soon as one becomes available or a refund will be made, on receipt of the returned goods. Contact us BEFORE you return the goods. You must include a copy of the invoice you received with your products, together with your reason for return.
If you are excercising your right to cancel your order withing 7 days, you are responsible for the cost of returning the order.
Refunds:
If the item was in any way broken or faulty on delivery we will resend the product to you.
If you receive the goods in perfect condition and decide to send them back, then you will be refunded the total cost of the order minus delivery costs.

3. Your right to cancel your order
We are so confident with our products, we offer a money back 7 day guarantee. You have the right to cancel your order within 7 working days of receipt of the goods without giving a reason. We will undertake to return your payment within 21 days, in actual fact in situations where the item has not yet been sent we will return your payment straight away, in situations where you have received the order we will return your payment as soon as we receive the item back. You may be responsible for the cost of returning the goods (described in the returns section above) and the initial postage of the item to you.
This does not apply to perishable items.
Certain items may be subject to a re-stocking fee, (typically in the region of £10 - £20).
If you would like to cancel your order in this way then please contact us by phone and email. Our customer services numbers and addresses are shown above.

4. Credit Card Payments
We use secure Web Pages and offer the use of our secure real time credit card transaction server - click here for more information about our security.
We reserve the right to refuse to supply to individuals whose credentials cannot be verified. We will use discretion in these matters and will not authorise payment or supply unless we are completely satisfied that the order is legitimate.

5. Confirmation of your order
Once the order has been placed, we will send you an email of confirmation including products ordered and prices. If the product is out of stock we will notify you and nullify the order.

6. Receipt
The order confirmation will act as a receipt. We will be pleased to provide any additional documentation you may require.

7. Contact.
Unless you object, we may use information you give us to provide you with information about goods and services offered by us and other organisations with which we have a business relationship. We or they may contact you by email, telephone or other on-line or interactive media. If you prefer not to receive such information, you can unsubscribe from all future protional correspondence at any time.

8. Complaints
Complaints should be made initially by e-mail to

and they will be taken up from there. We will normally expect to deal with complaints by email. Complaints will be acknowledged within 5 working days. Your complaint will be dealt with fairly and confidentially. Throughout the period of a complaint about an issue, we will keep you fully informed of progress.

9. . Website Accuracy
9.1. Our website design team work extremely hard to make sure our website is as accurate as possible and in order to achieve this our website is updated on most days.
9.2. However we cannot guarantee the accuracy of information supplied, especially such things as mobile phone handset specifications and network tariffs and special offers, which may change without prior notice.
9.3. Offers displayed on our website remain valid only until 12.00 noon on the last day of each calendar month, this includes tariffs and network special offers.
9.4. Pictures of products are as a representation only and should be used only as a guide. Specifications and/or colours of products may change without prior notice.

10. Contract Phones
10.1 All pay-monthly mobile phones come with a 12-month manufactures warranty. This warranty does not affect your statutory rights which cannot be excluded or restricted at law.
10.2. Additional insurance and extended warranty periods for mobile phone handsets maybe available at an extra cost on certain products.
For details on the '3 Months Free' mobile phone insurance that is an optional gift with your new phone click here. All new contract phones are put on the Executive Policy cover to give maximum protection.
10.3 All mobile phones are delivered by Initial City Link courier service, on a next day service after despatch. All mobile phones require a signature upon delivery. We endeavour to despatch all contract and prepaid mobile phones within 2-3 working days of ordering. Saturday delivery cannot be guaranteed.
10.4 We do reserve the right to provide information to the relevant authorities in the interest of preventing fraud or crime, and offering the services provided.
10.5 All mobile phone and prepaid SIM card connections (excluding prepay handsets) are subject to a mimimum 12-month contract (or more - see site for details). You agree to the relevant network providers terms and conditions as shown on our website and delivered with the mobile phone, in addition to these stated herein. All connections (excluding prepay) are subject to a connection fee (which may or may not be waived, at Mobile Phone World's sole discretion). All contract connections are subject to status and acceptance by the Network concerned to United Kingdom residents aged 18 years or over.
10.6. A credit check will be carried out by the network/provider prior to connection using the information supplied by the applicant. We will always advise the applicant of any negative credit assessments and connection refusals.
10.7. 2U and Mobile Phone World Ltd cannot be held responsible for the result of any credit assessments or for any delays caused by insufficient or incorrect information being supplied by the applicant.
10.8 You may not change your monthly line-rental price-plan within the first 3 months. To do so will incur a price-plan change fee. Contact us if you wish to change price-plans within this time. After 3 months you may change price-plan at no cost, up to once a month. We recommend you do not change within the first three months as your bills will fluctuate, and you will not be able to make an accurate assessment of the appropriate price-plan to change to, or stay on.
10.9 By filling in the contract form, agreeing to the terms and conditions of pay-monthly phones, and proceeding, you are aggreeing to the full and binding terms and conditions of both Mobile Phone World ltd and the network provider. Signature and acceptance on delivery will be taken as confirmation of agreement.
10.10 Phones and contract connections are dispatched unconnected for security purposes. You will need to call the Dispatch Team on receipt to confirm delivery and request connection activation. Connection can then take up to 48 hours.
10.11 Phones are supplied in conjunction with our supplier.
10.12 You accept that all cashback offers are to be redeemed with our supplier. Full details are sent with every phone.

11. Returning Contract Connections and Contract SIM Connections
11.1. If you are dissatisfied in any way with any contract connection or contract SIM connection you must notify and return it within 14 days of delivery.
11.2. Upon safe return of the full product as supplied we will remit to you a full refund and cancellation of the contract.
11.3. All items must be returned as they were received with the original packaging and full contents included along with original documentation and proof of purchase.
11.4. Where a refund is sought we reserve the right to charge the initial cost of delivery. We will not charge for the initial costs of delivery where the product supplied was not of satisfactory quality.
11.5. Clause 10 does not apply to pay as you go or pre-paid hand set packages.
11.6. 2U and Mobile Phone World Ltd cannot be held responsible for the result of any credit assessments or for any delays caused by insufficient or incorrect information being supplied by the applicant.

12. Mobile Number Portability for Contract Connections
12.1. Please note that due to tariff changes enforced by the mobile phone networks/service providers - on some occassions it may not be possible for you to be connected to the tariff you have chosen if your Number Transfer spans over two seperate calendar months. In this instance you will be offered to be connected to another available tariff of your choice.
12.2 Due to additional costs involved with porting in a number, there may be additional costs involved in purchasing these services. In this event, you will be notified of any price variations, and if there is a price increase, given the right to cancel.

13. Carkits
Certain vehicles require an additional audio boom microphone. This can be purchased directly with our expert when he arrives to install your carkit. The cost of this is usually £20 to £30.

14. Privacy
We believe in protecting your privacy. Read the Privacy Policy for the full details.

3 Terms and Conditions

Duncan Elliott — 2008-02-27

1 Who's Who and What's What
	1.1 When we say:
	(a) 'we', 'us' or 'our', we mean Hutchison 3G UK Limited, trading as '3'
	(b) 'you' or 'your' we mean you, our customer
	(c) 'agreement' we mean your agreement with us for the supply of 3 Services.
	1.2 We also have set out in the back of the booklet some useful definitions of words we use in these Terms for 3 Services.
2 About your agreement
	2.1 Your agreement is made up of these Terms for 3 Services and your Price Plan, along with any other terms laid down in the 3 Services on the Handset, and in documents we have produced, including the List of Services, User Guide and documents we may produce in the future.
	2.2 Your agreement is personal to you. You have to do what you've contracted to do, unless we write and say you can do something outside the agreement. Unless we give you permission (acting reasonably), you can't pass your rights or responsibilities to anyone else - even if we give you more than one USIM or you give your Handset to others. It's your responsibility to make sure the USIMs are only used to access 3 Services as permitted in this agreement.
	2.3 This agreement does not cover:
	(a) any products or services you buy while using 3 Services; or
	(b) the supply of your Handset. The manufacturers of Handsets are not related to us. Any terms relating to Handsets will be given to you separately.
3 Minimum term of your agreement
	3.1 Your agreement starts when we Connect you to 3. (Note that in the special case where you do not Connect to 3 within a month of registering as a 3 customer and receiving your Handset, your agreement will automatically start at the end of that month)
	3.2 (a) If your Price Plan has a Minimum Term, you agree to remain Connected to 3 for that Minimum Term. You have limited rights to end the agreement during the Minimum Term as set out in section 10.
	(b) If your Price Plan does not have a Minimum Term, or your Minimum Term has expired, we will supply you with 3 Services until either of us chooses to end the agreement in any of the permitted ways set out in section 10.
4 Variations to your agreement or prices
	4.1 We may vary any of the terms of your agreement, including your Price Plan on the following basis:
	(a) any updated Price Plans and new terms will be available on our website and on request to 3 Customer Services;
	(b) we will let you know at least one month in advance if we decide to discontinue any Price Plan or if we make any variations to your agreement which are likely to be of detriment to you. You can end the agreement for such variations as explained in section 10; and
	(c) if you carry on using 3 Services after the variation commences, you will be deemed to have accepted the variation.
	4.2 If we offer a range of Price Plans, you may change from your Price Plan to one of a selected range of other Price Plans as agreed with us, provided you contact us to request this at least 2 days before the next billing period. Your new Price Plan will then start in this next billing period. You may not change your Price Plan more than once a month.
5 What we will provide for you
	A 3 phone number and USIM
	5.1 We will open an account for you and provide you with a USIM and a 3 phone number (and we may agree to provide you with additional USIMs and phone numbers on your request).
	5.2 Each USIM remains our property and we may recall it at any time for upgrades, modifications, or when your agreement ends.
	5.3 Each USIM may only be used in Handsets which are enabled for 3 Services. Any attempt to use the USIM in other Handsets may result in serious damage to the Handset and may prevent you from being able to use it, including the making of emergency calls. In these instances, we are not responsible for any such damage or usage problems.
	5.4 Handsets which can be used to access 3 Services are locked to our network. If you contact us to request that your Handset be unlocked from our network, we will provide an unlocking code, and any Charge for this will be given in the Price Guide. We will do this provided you own the Handset and you ensure that there are no outstanding amounts owing on your 3 account. If the Handset price paid by you is less than the full retail value of the Handset, we will not unlock the Handset until you have paid the difference between your purchase price and the full retail value. 3 Services
	5.5 Once you are Connected to 3, we will provide you with access to our 3 Services. The 3 Services will include Premium Services, provided you ask for them and we approve, and may also include Age Restricted Services, provided you are 18 or over and you do not show or send any content from the Age Restricted Services to anyone under 18. You can find more details of all 3 Services in our List of Services.
	5.6 You will also be able to upload and send your own content using the 3 Services. You grant us a royalty free, perpetual and world-wide licence to store, transmit or otherwise deal with any content you upload on the 3 Services. If you choose to use the POP3 polling features in our Messaging Services, you are appointing us as your agent for enabling the POP3 polling services to be provided to you.
	5.7 We may change or withdraw some, or part, of the 3 Services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content. You can end the agreement if this variation is likely to be of detriment to you as explained in section 10. Limitations of 3 Services
	5.8 We will always try to make 3 Services available to you. However, 3 Services are only available within 3's coverage area (which comprises a video service area and a voice & picture area). Within this, there may be areas where you do not have access to all 3 Services or where coverage is otherwise limited or unavailable. For more information about coverage, visit our website. Disruptions to 3 Services
	5.9 There may be situations when 3 Services are not continuously available or the quality is affected and so we cannot guarantee continuous fault-free service. For instance:
	(a) when we need to perform upgrading, maintenance or other work on the 3 network or 3 Services;
	(b) when you move outside 3's video service area whilst you are on a call (in this case calls may not be maintained);
	(c) when you are outside the UK, or in areas not covered by the 3 network. In these cases, 3 Services relies on other operators' networks where we have no control; and
	(d) because of other factors outside our control, such as the features or functionality of your Handset, regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.
6 What you will do in return Secure your PIN, Passwords and USIM
	6.1 You must keep your USIM safe and secure. There may be a charge for any replacement USIM, unless, of course, it is defective through faulty design or workmanship.
	6.2 You must keep all PINs and passwords secure and confidential.
	6.3 You should immediately change your PIN or password if you become aware that someone is accessing 3 Services on your account without your permission. Responsible use of 3 Services
	6.4 You may only use 3 Services:
	(a) as laid out in this agreement (including the User Guide); and
	(b) for your own personal use. This means you must not resell or commercially exploit any of the 3 Services or content.
	6.5 You must not use 3 Services, or allow anyone else to use 3 Services, for illegal or improper uses. For example:
	(a) for fraudulent, criminal or other illegal activity;
	(b) in any way which breaches another person's rights, including copyright or other intellectual property rights;
	(c) to copy, store, modify, publish or distribute 3 Services or their content (including ringtones), except where we give you permission;
	(d) to download, send or upload content of an excessive size, quantity or frequency so that it causes problems for other users. We will contact you if your use is excessive;
	(e) in any way which breaches any security or other safeguards or in any other way which harms or interferes with the 3 network or the networks or systems of others;
	(f) to falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; and
	(g) to use or provide to others any directory or details about 3 customers.
	6.6 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of your 3 Services and account.
	6.7 We may publish an acceptable use policy which provides more detail about the rules for use of certain 3 Services. If we publish a policy, it may be amended from time to time and you will be able to view it on our website or request a copy from 3 Customer Services. Responsible use of Messaging and Storage Services
	6.8 While using the Messaging Services, you must not send or upload:
	(a) anything that is copyright protected, unless you have permission;
	(b) unsolicited bulk or commercial emails or other unauthorised email, or knowingly send any viruses; or
	(c) anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.
	6.9 We may put limits on the use of certain 3 Services, such as Messaging Services or Storage Services. For example, we may limit the size of messages or storage space.
	6.10 While we have no obligation to monitor the Messaging Services or Storage Services, if you exceed our use limits or we are made aware of any issues with your use of these 3 Services, we reserve the right to remove or refuse to send or store content on your behalf. Responsible use of Age Restricted Services
	6.11 If you are under 18, you are not permitted to access our Age Restricted Services (if any). If you are 18 or over and you access the Age Restricted Services, you must not show or send content from the Age Restricted Services to anyone under 18. You must also ensure that you have deactivated any access to Age Restricted Services if you let anyone under 18 use your Handset. Responsible use of 3 Services outside the UK
	6.12 If you use 3 Services from a country outside the UK your use of the 3 Services may be subject to laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations. Paying your bills
	6.13 You must pay us all Charges for all 3 Services which are accessed using the USIM(s) we give you, whether the 3 Services are accessed by you or by another person, with or without your permission. If any of your USIMs are lost or stolen (either separately or with any of your Handsets), you remain responsible for all the Charges to your account until you tell us what happened and arrange for your USIM to be deactivated.
	6.14 We will send you a bill on a periodic basis and this will usually be done monthly. However, we reserve the right to change this period (and we would give you at least 14-days' notice of this).
	6.15 Your bill will normally include your fixed Charges for the next period and any administration fees along with Charges for your use of the 3 Services in the UK in the last period and outside the UK in prior periods. It may also include an amount to repay the cost of your 3-compatible Handset, (depending on the payment scheme you have chosen). Your initial bill may also contain a Connection Charge. VAT will be added to your bill where appropriate.
	6.16 You must make your payment by the due date and by one of the payment methods stated on your bill. However, we may also submit an interim bill or require an immediate payment if we think you have exceeded a reasonable limit on your account.
	6.17 If you fail to pay your account on time, you will be breaking your agreement and we may Suspend or Disconnect you. In this case, you will have to pay any outstanding Charges.
	6.18 We may need to take legal or other collection action against you for non-payment of Charges. This could mean you have to pay our costs and expenses, including legal costs, with interest added daily.
	6.19 If you use your Handset to buy goods and services from 3rd parties, you are responsible for paying any bills they may send you.
7 Your Rights Complaints
	7.1 If you are unhappy about any aspect of our 3 Services, you should contact 3 Customer Services.
	7.2 We will investigate any complaint in accordance with our complaints handling policy, after which we will contact you with the results. Privacy Policy
	7.3 You are entitled to ensure that we only use your personal information in accordance with our Privacy Policy. Our Policy does not conflict with the requirements of the Data Protection Act or the Telecommunications Act.
	7.4 You agree that in accordance with our Privacy Policy:
	(a) we may collect information about the way you use 3 Services, your preferences, your location when using 3 Services, who you contact and who contacts you while you're using 3 Services;
	(b) we may use your information to create and maintain data for accounts and billing, provide you with 3 Services, enable you to communicate on our network, collect payments and prevent fraud and improper use;
	(c) if you consent, we may conduct direct marketing;
	(d) unless you ask us not to, we may include your details in a telephone directory;
	(e) calls between you and 3 Customer Services may be monitored and recorded for training and quality purposes;
	(f) we may share your information with other members of our group of companies, and with our, or their, partners, associates, agents and contractors and with people who are interested in buying our business. These may include people and companies outside the European Union (EU); and
	(g) some of the information we collect about you may be classified as 'sensitive' and we will ask your permission if we wish to use or share this information.
	7.5 You must ensure that all your personal details are accurate, complete and not misleading. You must also tell us if your details change.
	7.6 You can check our Privacy Policy on our website or in the 'Terms for 3 Services' provided to you. If you have any queries, please contact 3 Customer Services.
	7.7 If you use 3 Services from a country outside the UK, the treatment of your personal information may be subject to laws and regulations applying in that country. Identity, credit and fraud checks
	7.8 At any time following your request to be Connected to 3, we may ask you to provide some identification to verify your details. We may register and check information about you with credit reference and fraud prevention agencies for the purpose of assessing your credit worthiness and collecting overdue payments as well as managing any fraud issues. You can find more details about our checks in our Privacy Policy on our website.
8 Our Rights - Intellectual Property
	8.1 All rights, including copyright in 3 Services and their content, belong to us, or our licensed source, such as a content provider. We reserve all our rights.
	8.2 The '3' trademark and other related images, logos and names on 3 Services are proprietary marks of our group of companies. We reserve all our rights.
9 Suspension of 3 Services
	9.1 We may Suspend any or all of the 3 Services you use without notice if:
	(a) we reasonably believe you have used 3 Services for illegal or improper purposes in contravention of our responsible use requirements in Section 6;
	(b) we reasonably believe you have provided us with false or misleading details about yourself;
	(c) we advise you that your excessive use of 3 Services is causing problems for other users, and you are continuing to use 3 Services excessively;
	(d) you have not paid our Charges on time, or have exceeded an acceptable level of credit;
	(e) you have insufficient credit in your account to cover charges you agreed to pay in advance;
	(f) we believe your Handset or USIM has been lost or stolen;
	(g) we receive a serious complaint against you which we believe to be genuine. If this happens, we will deal with the complaint in the manner set out in Section 7; or
	(h) we are required to suspend your 3 Services by the emergency services or other government authorities.
	9.2 We may turn off your Messaging Services if they are inactive for an extended period of time, or you have not paid your Charges. In either case, we will have no obligation to maintain any of the content in your Messaging Services, or to forward any unopened or unsent messages to you, or anyone else.
	9.3 If we Suspend any or all of your 3 Services, you will still be able to make emergency calls (unless they have been Suspended at the request of the emergency services).
	9.4 If your 3 Services are Suspended, we may agree to re-Connect you if you ask us to do so and there may be a re-Connection Charge for this.
10 Ending this agreement and Disconnection of 3 Services
	10.1 You may end this agreement in the following ways:
	(a) Under the 14-Day Money Back Guarantee You can end the agreement for any reason within 14 days of delivery of your 3-compatible Handset, even if you have started to use 3 Services. You must get in touch with 3 Customer Services to arrange Disconnection within those 14 days. We will refund any fixed periodic Charge you may have paid along with any Connection Charges. You will only have to pay Charges for the use of 3 Services until Disconnection at the applicable rates set out in your Price Plan. (A Cancellation Fee will not be charged).
	(b) During the Minimum Term After the 14-Day Money Back Guarantee period has passed, you can end the agreement during your Minimum Term (if you have one - this will be stated in your Price Plan). However, you must pay us all the Charges you owe, plus a Cancellation Fee as set out in your Price Plan. You must contact 3 Customer Services to arrange this.
	(c) On 30-days' notice, outside the Minimum Term You can end the agreement if your Price Plan does not contain a Minimum Term, or if you want to end the agreement after your Minimum Term has expired, provided you tell 3 Customer Services at least 30 days before the date you want to end the agreement. Your agreement will finish at the end of the next billing period after the end of the 30-days' notice. (A Cancellation Fee will not be charged).
	(d) Within one month of a detrimental variation to your agreement You can end the agreement within one month of us telling you about a variation to your agreement (which includes your Price Plan) which is likely to be of detriment to you. You must tell 3 Customer Services within that month and your agreement will finish at the end of the current billing period (or at the end of the following billing period if there is less than 14 days remaining in the current billing period). (A Cancellation Fee will not be charged).
	10.2 We may end this agreement in the following ways:
	(a) On 30-days' notice, outside the Minimum Term If your Price Plan does not have a Minimum Term, or the Minimum Term has expired, we can end this agreement by giving at least 30-days' notice of ending the agreement. Your agreement will finish at the end of the next billing period after that time.
	(b) Because of your conduct In the following cases, we may end your agreement immediately and you have to pay all the Charges you owe up until we Disconnect you:
	(i) if we have Suspended your 3 Services as permitted in Section 9 and we believe that your breach is serious or it has not been rectified;
	(ii) we believe that your communications with 3 Customer Services or any of our retailers or agents, or your use of our 3 Services, are jeopardising the operation of the network, or are of an unacceptable nature;
	(iii) if we reasonably believe you will not be able to pay your bill. This could result from a failure to pass one of our credit assessments; or
	(iv) in the event of your bankruptcy, insolvency or death.
	(c) No network access or 3 Services We may end your agreement if we no longer have access to other operators' networks which we need to provide 3 Services, or if we are no longer able to provide 3 Services due to factors beyond our control or because we cease business.
	10.3 Once you are Connected to 3, you can only end this agreement in the ways set out in this section 10 (and not in other ways, such as under the Consumer Protection (Distance Selling) Regulations 2000).
11 Effect of this agreement ending
	11.1 If this agreement ends, we will close your account and Disconnect you and you will not be able to use the 3 Services.
	11.2 You must immediately pay all Charges you owe up to the date the agreement ends. If we end the agreement due to your conduct or if you end your agreement within the Minimum Term, the Charges will include a Cancellation Fee.
12 Liability Limits on our liability
	12.1 All of our obligations to you relating to 3 Services are set out in your agreement. If you wish to make any variations to this agreement or rely on any other term, you must obtain our agreement to the variation or term in writing.
	12.2 Except as set out in 12.3:
	(a) all other terms, conditions and warranties relating to 3 Services are excluded;
	(b) our entire liability to you for something we do or don't do will be limited to £3000 for one claim or a series of related claims; and
	(c) we are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of 3 Services. We are not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement.
	12.3 Nothing in this agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which can't be limited or excluded by applicable law. Your statutory rights are not affected. 3 Services - Areas where we have no responsibility
	12.4 We will try to ensure the accuracy, quality and timely delivery of 3 Services. However:
	(a) we accept no responsibility for any use of, or reliance on, 3 Services or their content, or for any disruptions to, or any failures or delays in, 3 Services. This includes, without limitation, any alert services or virus detection services; and
	(b) we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of 3 Services or their content. They are provided to you on an "as is" basis; and
	(c) we are not providing you with advice of any kind (including without limitation investment or medical advice). Where 3 Services contain investment information, we do not make invitations or offer inducements to enter into any investment agreements.
	12.5 We will not be liable:
	(a) for any loss you may incur as a result of someone using your PINs or passwords, with, or without, your knowledge (until you change the PIN or password or notify us that your Handset has been stolen or lost); or
	(b) if we cannot carry out our duties, or provide 3 Services, because of something beyond our control. Others' content and services - Areas where we have no responsibility
	12.6 You may be able to use 3 Services:
	(a) to upload, email or transmit content using 3 Services; and
	(b) to access content which is not part of the 3 Services or to acquire goods and services which we do not prepare, select, modify or exercise any control over. Where we provide you with access to content which is not branded by 3, all we do is transmit the content to you. We are not responsible or liable in any way for, and do not endorse, any of this content, goods or services.
	12.7 This section 12 will apply even after this agreement has ended.
13 Notices
	13.1 We will consider that you have received information from us if it is included on our website or directly communicated to you by phone, text message, email or mail, using your most recent contact details given to us.
14 Other terms
	14.1 This agreement is governed by English law. Each of us agrees to only bring legal actions about this agreement in a UK court.
	14.2 If you, or we, delay, or do not take action to enforce our respective rights under this agreement, this does not stop you, or us, from taking action later.
	14.3 If any of the terms in this agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any term that is not legally effective with a similar term that is.
	14.4 We may assign or transfer our rights and obligations under your agreement to a party who agrees to continue complying with our obligations under this agreement. No other person (other than our assignee, if any) may benefit from this agreement under the Contracts (Rights of Third Parties) Act 1999.
	14.5 In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case we may have to change your 3 phone number for 3 Services.
	14.6 You confirm that you have full contractual capacity to agree to the agreement and are able to pay the charges.
	14.7 Our registered number is 03885486 (England and Wales) and our registered office is at 9 Queen Street, Mayfair, London W1J 5PE.
Glossary
	3 Customer Services: our service team who are available to help you with your queries. They can be contacted by calling 0870 7330 333 or by email to customer.services@3mail.co.uk
	3 Services: the services offered by 3, including Messaging Services, Storage Services, Age Restricted Services and Premium Services, which we have agreed to provide for you.
	Age Restricted Services: any 3 Services which are specified in the List of Services for use only by customers 18 or over.
	Cancellation Fee: a fee charged if we end the agreement due to your conduct or if you end your agreement within the Minimum Term. This fee will be set out in your Price Guide and may cover (without limitation) your fixed periodic Charges for the Minimum Term, our administrative costs, costs incurred by us in Connecting and Disconnecting the 3 Services and our payments to operators, network providers, stores or agents.
	Charges: charges for access to, and use of, 3 Services as laid out in the Price Guide. These charges may cover (without limitation) fixed periodic charges, usage charges, account administration fees, Cancellation Fees, fees for Connection and re-Connection and any costs incurred in collecting outstanding payments from you. Connection: the procedure by which we give you access to 3 Services. 'Connected', Connecting', and 're-Connection' have corresponding meanings.
	Disconnection: the procedure by which we stop your access to 3 Services. 'Disconnected' and 'Disconnecting' have corresponding meanings.
	Handset: the device or mobile handset which is used to access 3 Services, excluding all Accessories.
	List of Services: our descriptions of current 3 Services. These may be amended from time to time, and can be viewed on our website or requested from 3 Customer Services.
	Messaging Services: any email, fax and voicemail services, SMS and multimedia messaging services, personal information management and other message or communication facilities which let you communicate with others and which are specified in the List of Services.
	Minimum Term: the minimum fixed term for supply of 3 Services as laid out in your Price Plan.
	Premium Services: any 3 Services in the List of Services which are charged at premium rates. You can only access these 3 Services - such as international calling and international roaming - with our approval.
	Price Guide: the document that sets out the Price Plans, our current Charges and related details, including any Minimum Term and payment commitments. This document can be viewed at three.co.uk.
	Price Plan: our price plans set out in the Price Guide including 3toGo, Kit on 3 and Caboodle on 3, as well as any other price plans we may introduce in the future. There may be more than one price plan offered to you and you will be required to select one before you are Connected to 3. The price plans may be amended or withdrawn from time to time, and can be viewed at three.co.uk or requested from 3 Customer Services.
	Privacy Policy: our policy detailing the kinds of information we may gather about you and how we can use and share it. This policy may be amended from time to time, and can be viewed at three.co.uk or requested from 3 Customer Services.
	Storage Services: any 3 Services in the List of Services which offer you storage capacity on the 3 network for storage of content which you access from 3 Services.
	Suspension: the procedure by which we temporarily Disconnect your access to the 3 Services. 'Suspend' has a corresponding meaning.
	User Guide: our guide which provides an outline of how to use 3 Services. The guide may be amended from time to time, and can be viewed at three.co.uk or requested from 3 Customer Services. There may be more than one User Guide to suit use of 3 Services on different Handsets.
	USIM: a card which contains your 3 phone number and enables you to access 3 Services.

BT Mobile Terms and Conditions

Duncan Elliott — 2008-02-27

The Service we provide

1. Your application for Service

2. What the Service is

3. When this Agreement and the Service begin

4. Sale of mobile handsets by BT

5. Things we may have to do

6. Monitoring calls and use of your information

What you agree to do

7. Your use of the Service

8. Your general responsibilities

9. Accessing the Internet using your mobile handset

10. How you pay for the Service

If things go wrong

11. When we may bar or disconnect the Service

12. Dispute Resolution

13. Limitation of liability

14. Matters beyond our reasonable control

Changing and ending this Agreement

15. Changing this Agreement

16. Changing your mind

17. Transferring this Agreement

18. When this Agreement ends

The other things we need to tell you

19. How to give notice

20. Third Party Rights

21. Law

22. Explanations of certain words

If you are entitled to cancel this Agreement pursuant to the Consumer Protection (Distance Selling) Regulations 2000, you may do so at any time up to 7 working days after placing your order for the Services (subject to the following paragraph) or receiving your mobile handset provided that you notify us and CPW in writing of such cancellation and return any equipment (including any accessories which were included in the price of such equipment) supplied by CPW to you undamaged and in its original packaging, together with proof of purchase by sending it recorded delivery to CPW at the address set out in paragraph 18.7.1 CPW agrees to refund you the purchase price of such equipment, if any. Please note that if you do not return all accessories that were included in the price of your mobile handset, CPW shall be entitled to charge you for the cost of the missing items. You will be liable to pay the monthly (or other periodic) line rental charge from the date of connection to the date of disconnection together with all charges for the calls which you have made including any international and roaming call charges which may take longer to be billed. If you do not return the mobile handset and all accessories, if any, as described in this Agreement, CPW may charge you the costs it incurs in collecting it from you. This does not affect your statutory rights.

By Activating the Service (as described in paragraph 16) you agree to be bound by these Terms and Conditions. You also agree that once the Service has started with your agreement, you will lose your statutory right of cancellation under the Consumer Protection (Distance Selling) Regulations 2000 referred to above.

THE SERVICE WE PROVIDE

1. Your application for Service

1.1 You apply for Service in accordance with the terms of this Agreement and you agree that we and/or CPW may credit check your application for Service.

1.2 If we accept your application for Service we will provide you with the Service on the terms of this Agreement.

1.3 If we agree to provide Service to you may nominate up to five (5) additional Secondary Account Members to receive Service under this Agreement.

2. What the Service is

2.1 The Service we supply to you is any or all of the following services provided via a mobile handset:

(a) the ability to make or receive voice calls;

(b) the ability to send or receive data (including SMS/MMS/e-mail/accessing information from the Internet) ; and

2.2 The Service includes provision of a SIM Card which will need to be Activated, and may include the sale of mobile handsets and accessories. It is your responsibility to insert the SIM Card into the mobile handset.

2.3 We will use our reasonable endeavours to provide the Service or supply the handset to you by any date we have agreed with you but we do not guarantee to do so and we have no liability for any failure to meet any date.

2.4 The Service may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control.

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

2.6 If software is supplied under the Agreement, we do not guarantee that it will be error free, but we will correct errors within a reasonable time if they impair performance of the mobile handset.

3. When this Agreement and the Service begin

3.1 This Agreement begins on the Order Acceptance Date.

3.2 Service to you begins on the Operational Service Date.

3.3 Service to each Secondary Account Member will be subject to a separate Minimum Period of Service, commencing on their respective Operational Service Date.

4. Sale of mobile handsets by BT

4.1 If you agree to purchase a mobile handset from us or have a mobile handset supplied by us, this paragraph 4 applies. This paragraph does not apply and we are not liable for any mobile handset, which is supplied by a third party.

4.2 We guarantee the mobile handset for 12 months from the Order Acceptance Date.

4.3 If the mobile handset is faulty during the guarantee period and the fault is due to faulty design, manufacture, materials or our negligence, we will replace or (at our option) repair the mobile handset.

4.4 We do not guarantee the continuing availability of a particular mobile handset but any replacement provided will be of an equivalent or better model.

4.5 Nothing in this paragraphs 4 affects your statutory rights regarding faulty or mis- described goods.

4.6 If you buy the mobile handset from CPW, CPW's standard terms and conditions of sale shall apply.

5. Things we may have to do

5.1 Occasionally we may have to:

(a) alter the mobile phone number, or any other name, code or number associated with the Service;

(b) temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for reasons of security;

(d) reduce the number and length of voice and text messages that can be left on your message service; or

(e) give you instructions that we believe are necessary for health or safety or the quality of the Service that we supply to you or our customers.

6. Monitoring calls and use of your information

6.1 We and CPW or either of our agents may occasionally monitor and record calls and any other communications made to us or by us to you relating to customer services and telemarketing.

6.2 We will use the information we have about you and your use of the Service for marketing purposes. We need your consent to do this and will assume we have it unless you tell us otherwise by writing to the BT Customer Correspondence Centre. Please include your BT Mobile Account Number and mobile phone number in any correspondence.

6.3 If we agree to allow you to make international calls or use international roaming we may need to provide your personal information to other companies which may be outside the EU. You should be aware that outside the EU standards of protection for personal information might be lower than those provided by the Data Protection Act 1998.

WHAT YOU AGREE TO DO

7. Use of the Service

7.1 We will allocate a number to enable you and any Secondary Account Member to use the Service. The number(s) do not belong to you and may only be transferred to another service provider in certain circumstances.

7.2 We may ask you to demonstrate a satisfactory billing history if you tell us you want to make international calls or use international roaming. If you or the Secondary Account Member use the Service abroad you will be charged for incoming calls. International roaming calls may also take longer to be billed following receipt of the relevant call records from the foreign network operator, or clearing house.

7.3 You must not use, or permit any other person including a Secondary Account Member to use the Service:

(a) fraudulently or in connection with a criminal offence;

(b) to send and receive calls or send, receive, upload, download, use or re-use any material which, in either case, is offensive, indecent, menacing, nuisance, abusive racist, obscene, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or a hoax call (including to the operators who deal with enquiries concerning the Services) or which is otherwise objectionable or unlawful, or you allow others to do these things; or

and, you must take all reasonable steps to ensure that Service is not used in this manner.

The action we can take if this happens is explained in paragraphs 11 and 18. If a claim is made against us because the Service is misused in this way you must reimburse us for any sums we have to pay.

7.4 You agree to indemnify us against any claims that anyone (other than you) threatens or makes against us because the Service is faulty or cannot be used by them. You must tell us at the address we notify to you in writing, or by email if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Service or the Content. If we ask you to, you must confirm the details of the claim(s) in writing.

7.5 You or the Secondary Account Member agrees that the Network may allow the display of the mobile phone number(s) on receiving handsets unless you instruct us not to.

7.6 Where the Service enables you or the Secondary Account Member to access Content, you or the Secondary Account Member must:

(a) comply with all other instructions issued by us regarding use of Content; and

(b) only use Content in a manner that doesn't infringe the rights of others.

The re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited, but you may print or download extracts of Content for your personal use only.

7.7 Any Content may be incomplete, out of date or inaccurate and is provided on an "as is" basis. It is a condition of us allowing you access to Content that you accept we will not be liable for incompleteness or inaccuracies in any Content or any action you take in reliance on Content.

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

7.9 You are responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties via the Service. Neither we nor CPW will be a party to or in any way responsible for any transaction concerning third party goods and services.

8. Your general responsibilities

8.1 You agree to pay the Charges shown on the Web Site for the Service.

8.2 You agree that all use of the Service by yourself and any Secondary Account Member will be in accordance with these Conditions and any other instructions we give you. Specifically you also agree that:

(a) all factual information provided by you to CPW and us is correct;

(b) adequate precautions will be taken by you or any Secondary Account Member to prevent damage to or unauthorised use or theft of the SIM Card(s) or mobile handset(s);

(d) you or any Secondary Account Member will tell us immediately if the email address you gave us changes by sending an email to the BT Mobile Customer Service e-mail Address; and

(e) you or any Secondary Account Member will comply with any Fair Use Policy associated with the Service, details of which can be found on the Web Site.

8.3 If any SIM Card or mobile handset is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner you or any Secondary Account Member will phone us immediately on the BT Mobile Customer Service Phone Number and you will be responsible for any Charges incurred until you have informed us.

9. Accessing the Internet using your mobile handset

9.1 If you or the Secondary Account Member have a mobile handset, which enables access to the Internet paragraphs 9.2-9.4 apply to you and the Secondary Account Member.

9.2 We may provide links to other web sites or resources. Neither we nor CPW accept responsibility for these and do not endorse their Content.

9.3 You understand that all the visual, textual or other information published or otherwise made available and whether publicly posted or privately transmitted on the Internet which you or any Secondary Account Member access using the Service, is the sole responsibility of the person from whom it originated. You are responsible for all such information that you or any Secondary Account Member upload, email or otherwise transmit via Internet access.

9.4 Any dealings with, and interest in promotions, or services found on the Internet by you or any Secondary Account Member using a mobile handset are solely between you or the Secondary Account Member and the person with whom you or they are dealing. Neither we nor CPW will be responsible for any loss or damage that may arise from any such dealings.

10. How you pay for Service

10.1 You will be charged where appropriate, for the mobile handset and / or SIM Card after your application for Service is accepted by us. Further conditions on the Charges are on the Web Site.

10.2 We will require you to pay any Charges for the mobile handset and accessories by credit card and all other Charges by direct debit or any other payment method we agree.

10.3 We will send you a bill by post or where you ordered Service on-line if available we will send you an e-mail advising you when your bill is available for you to view on the Web Site. In order to view your bill on Web Site you will need to use the billing and account management functions on the Web Site. We will request a direct debit or credit card payment to cover your bill no earlier than five days from the date of the bill or email we send you.

10.4 In the event that a direct debit payment is not authorised and/or your bill has not been paid within 7 days of the date on the bill then we may charge daily interest on any late payments at a rate equal to 4% per annum above the base lending rate of HSBC Bank plc.

10.5 We may apply a usage limit to your account (which we may alter by advising you) and we may bar your Service if this limit is exceeded. As our billing system is not instantly updated each time you use the Service it is possible, especially when making international calls or using international roaming, to exceed your usage limit. You will be liable for all Charges incurred including any Charges exceeding your usage limit. Where you have exceeded your limit we may ask you to make an interim payment. Where Service has been barred you will be asked to pay any Charges incurred in excess of your usage limit before Service is reinstated.

10.6 All calls will be itemised on your bill or on the Web Site, unless requested otherwise.

10.7 The Charges may include your use of any third party Content, and these Charges will be itemised on your bill.

10.8 Any adjustments to your bill for one month will be made in the bill for the following month.

IF THINGS GO WRONG

11. When we may bar or disconnect the Service

11.1 We can bar or disconnect you or Secondary Account Member(s) from making calls (other than to the emergency services) if:

(a) you have failed to get the Service Activated within 14 days of the Order Acceptance Date;

(b) any of the circumstances in paragraphs 5, 7.3 or 10.5 above apply to you or any Secondary Account Member; or

(d) you are in breach of this Agreement or if we have reasonable cause to suspect fraudulent use of your or any Secondary Account Members SIM Card or mobile handset.

11.2 You may be required to pay any outstanding Charges if the Service is temporarily barred and/or you or Secondary Account Member(s) are disconnected from the Network for the reasons stated in paragraph 11.1. We may require you to make proper arrangements for the payment of such Charges.

11.3 If we have barred or disconnected the Service we will not re-provide it unless you do what you have agreed to do, or satisfy us that you will do so in future, or that the Service will not be used again in a way that is forbidden.

11.4 If we bar Service because you or any Secondary Account Member are in breach of this Agreement, the Agreement will still continue. You must pay all Charges until the Agreement is ended by notice under paragraph 18.

12. Dispute Resolution

12.1 If we cannot resolve any dispute with you, you can refer the dispute to any recognised dispute resolution service of which BT is a member, subject to the scope and terms of reference of such a service. Details of how to refer a dispute are set out in our Code of Practice for Consumers which is available by contacting the BT Mobile Customer Service Phone Number.

13. Limitation of Liability

13.1 We cannot guarantee that the Service will never be faulty.

13.2 We accept unlimited liability for death or personal injury resulting from our own negligence. paragraphs 13.3 and 13.4 do not apply to such liability.

13.3 We are not liable to you either in contract, tort (including negligence) or otherwise for any direct or indirect loss of profits, business or anticipated savings, nor for any indirect loss or damage or for any destruction of data.

13.4 If we are found liable to you our liability is limited to £3000 for any one incident or series of related incidents and to £6000 for all incidents in any period of 12 months.

13.5 Each provision of this paragraph 13 operates separately. If any part is found by a court to be unreasonable or inapplicable the other parts will continue to apply.

14. Matters beyond our reasonable control

14.1 If either of us or CPW cannot do what we have promised in this Agreement because of something beyond our reasonable control, then we will not be liable for that failure to perform.

14.2 In the event of:

(a) a refusal or delay by a third party to supply us with a mobile telecommunications service and where there is no alternative service available to us at reasonable cost; or

(b) the imposition of legal or regulatory restrictions which prevent us from supplying Service.

then we will have no liability to you for failing to do so.

CHANGING AND ENDING THIS AGREEMENT

15. Changing this Agreement

15.1 We may change this Agreement and the Charges at any time. Any changes will be shown on the Web Site.

15.2 You must tell us promptly by calling us via the BT Mobile Customer Service Phone Number if you change your name or address or email address or there are any changes to your bank account that may affect your payment of the Charges.

16. Changing your mind

16.1 You may cancel this Agreement at any time before the end of the Customer Satisfaction Guarantee Period if:

(a) neither you nor any Secondary Account Member has Activated the Service, and you return your SIM Card(s) and mobile handset(s) and any other accessories. You will be refunded all Charges; or

(b) where the Service has been Activated you will be charged for all relevant call Charges and pro rata Charges from the Operational Service Date.

17. Transferring the Agreement

17.1 You cannot transfer or try to transfer this Agreement or any part of it to anyone else unless we give you our written permission. We can transfer our rights and obligations (or both) under this Agreement or any part of it to a BT Group Company without your permission.

18. When this Agreement ends

18.1 In addition to anything else we can do, we can end the Agreement at any time if:

(a) you failed to get the Service Activated within 14 working days of the Order Acceptance Date in which case clause 3.6 of CPW's standard terms and conditions of sale shall apply.

(b) you fail to pay Charges when they are due, including any deposit we have asked for or if you break this Agreement in any other material way;

(d) you are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors or you go into either voluntary or compulsory liquidation or a receiver is appointed over your assets.

18.2 This Agreement may be ended by:

(a) one month's notice from us to you; or

(b) 7 day's notice from you to us.

You must pay all Charges incurred during the Agreement.

18.3 If this Agreement is ended either in accordance with paragraph 18.1 (a) above or during the Minimum Period and after the Customer Satisfaction Guarantee Period has expired you must pay the outstanding Charges up to the end of the Minimum Period including any outstanding call Charges. This does not apply if you end the Agreement for the reasons in paragraph 18.4.

18.4 You may end this Agreement at any time by giving us written notice if:

(a) we break this Agreement in any way and we do not correct the situation within 14 days of your request to do so;

(b) we go into liquidation or a receiver is appointed over our assets; or

(c) we have increased our Charges by a material amount or materially changed the conditions of this Agreement to your detriment.

18.5 The ending of this Agreement by either party will also include the ceasing of Service to any Secondary Account Members. However, ceasing only of Service to any Secondary Account Member will not end this Agreement, but you must pay any outstanding Charges for the ceased Secondary Account Member up to the end of the appropriate Minimum Period, including call Charges.

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

18.7 If you enter this Agreement and subsequently move onto a lower tariff or fail to fulfil your payment obligations during the Minimum Period, or you end this Agreement for any reason within 6 months and the relevant tariff includes a subsidised handset, you must, in addition to paying any other Charges, either:

18.7.1 return the mobile handset to CPW by sending it recorded delivery to Direct Returns, CPW Logistics Centre, Bilston Road, Wednesbury, W Midlands, WS10 7JN at the same time as giving us and CPW notice that you wish to end this Agreement; or

18.7.2 keep the mobile handset, in which case you agree to pay CPW the handset-only retail price (up to £250) being the purchase price (the "Purchase Price") of the mobile handset and you hereby authorise CPW to take the relevant Purchase Price from your nominated credit or debit card or through such other means as CPW may require in the event that the mobile handset is not returned to CPW in accordance with paragraph 18.7.1 above.

OTHER THINGS WE NEED TO TELL YOU

19. How to give notice

19.1 Save as otherwise provided in this Agreement, any notice under this Agreement must be in writing and sent by post or by email, unless otherwise agreed:

(a) to us either at the BT Customer Correspondence Centre or on the BT Mobile Customer Service e-mail Address;

(b) to you at the email or postal address stated in your application or any subsequent e-mail address you supply to us for this purpose.

References in this agreement to "in writing" also include by SMS, which we or CPW may send to your mobile phone number. Notices given by post shall be deemed to have been delivered 48 hours after posting and notices given by e-mail or SMS shall be deemed to have been delivered the day after the day the notice is sent.

20. Third Party Rights

20.1 Other than CPW, third parties cannot benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.

21. Law

21.1 This Agreement is governed by English law.

22. Explanations of certain words

"Account Holder" means the person we make this Agreement with.

"Activated" means the enabling of the Network to allow you to make calls to and from your mobile handset/SIM Card.

"Agreement" means in order of precedence, these Conditions, and the information on the Web Site.

"BT Customer Correspondence Centre" whose address is T.V.T.E, Gateshead, NE11 OZZ.

"BT Group Company" means a BT subsidiary or holding company, including without limitation a holding company of BT, or a subsidiary of any such holding company, all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989.

"BT Mobile Account Number" means the unique account identifier allocated to the Account Holder which is found on the bill for Service.

"BT Mobile Customer Service e-mail Address" means: mobiles@bt.com.

"BT Mobile Customer Service Phone Number" means 0800 0322111 or 150 from your BT mobile handset or any other handset using your BT SIM Card, available from 8am to 10pm, 7 days a week, 365 days a year.

Lost or stolen SIM Card(s) and or mobile handset(s) can be reported on the same phone number 24hrs a day, 7 days a week.

"Charges" means the charges for the Service(s) described on the Web Site.

"Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including all information supplied by content providers from time to time.

"CPW" means The Carphone Warehouse Limited of North acton Business Park, Wales Farm Road, London, W3 6RS.

"Customer Satisfaction Guarantee Period" means the first 14 days from the Order Acceptance Date during which time you may decide to end this Agreement.

"Fair Use Policy" means the policy as defined on the Web Site.

"Internet" means the global data network comprising interconnected networks using the TCP/IP protocol suite.

"Minimum Period" means the first 12 months of the Service beginning on the Operational Service Date.

"MMS" means MultiMedia Message Service.

"Network" means the mobile telecommunication system over which Service is provided.

"Order Acceptance Date" means the date upon which BT accepts your order for the Service.

"Operational Service Date" means the date or dates when your Service and/or the Service of any Secondary Account Member is Activated.

"Rights" means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content.

"Secondary Account Member" means the person(s) nominated to use the Service by the Account Holder.

"Service" means the service, or where appropriate, part of the service we provide.

"SIM Card" means the card we provide as part of the Service.

"Web Site" means: www.bt.com/btmobile

"SMS" means Short Message Service.

"We" and "us" means British Telecommunications plc (BT) of 81 Newgate Street, London EC1A 7AJ registered in England No. 1800000.

"You" means the Account Holder. It includes a person who we reasonably believe is acting with the Account Holder's authority or knowledge.

O2 Mobile Terms and Conditions

Duncan Elliott — 2008-02-27


You may cancel this Agreement up to 7 days after placing your order for the Services ( the "Trial Period" ) as long as you notify us in writing of such cancellation and return your Mobile Phone undamaged, with proof of purchase, in the original packaging (including any accessories which were included in the price of your Mobile Phone) within the Trial Period to us by sending it by recorded delivery to the address set out at Clause 8.5.1. Please note that if you do not return all accessories that were included in the price of your Mobile Phone, we shall be entitled to charge you for the cost of the missing items. You will be refunded the price of your Mobile Phone, if any. You will be liable to pay the monthly (or other periodic) line rental charge from the date of connection to the date of disconnection together with all call Charges including any international and roaming call Charges which may take longer to be billed. If you do not return the Mobile Phone as described in this Agreement, we may charge you the costs we incur in collecting it. This does not affect your statutory rights. Please note by using the Service you will be deemed to have accepted these terms and conditions insofar as they relate to the supply of airtime. You are bound by the terms and conditions of supply of your Mobile Phone when you accept delivery of it. The supplier of your Mobile Phone is 2U. The supplier of the airtime is O2 (UK) Limited (registered no. 1743099) of 260 Bath Road, Slough, SL1 4DX.
1.	Explanation of Certain Words
	1.1.			In this Agreement:
				'Agreement' means your application details which you have provided to us when accepted, these terms and conditions, our current Price List and any Supplemental Agreement; 'AIT' means Artificially Inflated Traffic and occurs where the flow of calls to any particular revenue share service is, as a result of any activity on or 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 Service described in the Price List and the price of any Mobile Phone or ancillary equipment 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 Service including all information supplied by content providers from time to time; 'CPW' means The Carphone Warehouse Limited (Registered No. 2142673) of North Acton Business Park, Wales Farm Road, London W3 6RS; '2U' means the company known as 2U as at www.2U.co.uk; 'GSM Gateway' means a device (not designed or adapted to be capable of being used whilst in motion) for wireless telegraphy designed or adapted to be connected by wireless telegraphy to the Network or the cellular telecommunications system of another network operator and used solely for the purpose of sending and receiving messages conveyed by means of the Network or the cellular telecommunications system of another network operator; 'Minimum Period' in respect of the Service means a period of 12 months (or any other period agreed in writing) from the day on which this Agreement commences; 'Mobile Phone' means a cellular telephone and SIM Card provided by 2U and recommended by us for use on the Network; 'Network' means the mobile telecommunication system run by us; 'Online billing' means the method by which we may provide customer services and send your bill to your nominated email account if you ask us and we agree to do so; 'Price List' means a list of Charges which we publish and update from time to time; 'Rights' means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content; 'Service' means any or all (as the case may be) of the following services: airtime service enabling you to make or receive calls and to send and receive data by means of the Network, the ability to send and receive e-mail via the Internet, the ability to access information from the Internet and any additional services we agree to provide to you; 'SIM Card' means the card which you need to use the Service; 'Supplemental Agreement' means the terms and conditions of the O2 (UK) Limited loyalty programme relating to those elements you choose or are eligible to take; 'User Guides' means any guides or documentation supplied with your Mobile Phone by us, 2U or by the manufacturer of your Mobile Phone which explains to you how the Service works and how to use your Mobile Phone; 'We', 'us' and 'our' means O2 (UK) Limited of 260 Bath Road, Slough SL1 4DX registered in England under company number 1743099 and/or as the context requires our agent CPW; and 'You' means the customer we and CPW make this Agreement with and it includes a person who we reasonably believe is acting with your authority.
	1.2.			The Price List contains explanations, definitions, notes and conditions which form part of this Agreement. Copies can be obtained by calling 0870 111 7200.
2.	Provision of and Use of the Service
	2.1.			The Service, which may be administered by CPW, is not available in all parts of the United Kingdom nor in all other countries and may be restricted to certain areas within those countries where access to the Service is possible.
	2.2.			If you wish to make international calls or use our international roaming service we may ask you to demonstrate a satisfactory billing history or to pay a non-interest bearing deposit which may be used to offset the cost of those calls. If you use your Mobile Phone abroad you will be charged for incoming calls. Roaming calls may also take longer to be billed and you will still be liable for call charges you incur when roaming.
	2.3.			We may, using reasonable skill and care, exercise our discretion to refuse to provide any part of the Service to you. The Service is not fault free and it may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control and you will be entitled to the quality of the Service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care.
	2.4.			Subject to you not exceeding the usage limits, if any, referred to in Clause 5.4, we will do our best to provide the Service and any additional service requested by you (such as roaming) or if you otherwise instruct us to change your Service (i.e. to bar calls), by any date we have agreed with you but our ability to do so may be affected by circumstances beyond our control and we will not be liable to you if this is the case.
	2.5.			If you are connected to the GSM network then we will use reasonable efforts to enable you to obtain access to the GSM networks in other countries. We call this "roaming". You should bear in mind that 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.
	2.6.			When your Mobile Phone is connected, it may have been programmed so that you may be barred from using overseas networks and from making international calls or premium rate calls. If you want to have your mobile phone unbarred, then you should call CPW on 0870 111 7200. It may be agreed to remove this bar after making credit checks and CPW may ask you to pay a non-interest bearing deposit as security against any monies you may owe in the future.
	2.7.			We will allocate a number for use of your Mobile Phone on the Network. The number does not belong to you and may only be transferred to another service provider in certain circumstances (including payment of our costs) details of which are available on request from 0870 111 7200.
	2.8.			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 neither we nor CPW will be liable for any action you take in reliance on the Content.
	2.9.			We may vary the Content or the technical specification of the Service from time to time.
	2.10.			The Service enables 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.
	2.11.			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 Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services except in the case of negligence on our part.
	2.12.			If you choose on-line 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.	Length of Agreement
	3.1.			Our agreement to supply the Service to you commences on the day on which you connect to the Network and continues for the Minimum Period and thereafter. It can be brought to an end (subject to the provisions of Clause 8) by either us or you giving 1 calendar month's written notice to the other to expire on or at any time after the expiry of the Minimum Period, or as otherwise provided in Clause 8.
	3.2.			At the end of the Minimum Period, this Agreement will continue until you cancel it in the way described in Clause 8.2, or as otherwise provided in Clause 8.
4.	Things we may have to do
	4.1.			Occasionally we may have to:
		4.1.1.		alter the number of your Mobile Phone, or any other name, code or number associated with the Service for reasons beyond our control or where we reasonably believe that the alteration will enhance your use of the Service;
		4.1.2.		temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for reasons of security; or
		4.1.3.		bar certain numbers from the Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.
5.	Charges for Service
	5.1.			Charges for using the Service will be calculated using the details we have recorded. As soon as the Network responds call Charges will start.
	5.2.			Unless you have itemised billing the total amount for all Charges will be included as a single item on your bill.
	5.3.			You must pay your monthly bill by the date stated on the bill. For any overdue payments we may charge interest at 2% above the base lending rate of HSBC Bank Plc. Interest is charged on a per annum basis, calculated daily. We reserve the right to make a charge for our reasonable administration costs which we incur in the case of late payment or non-payment of Charges.
	5.4.			We may at our discretion apply a usage limit to your account (which we may alter by advising you) and may suspend your Service if this limit is exceeded. As our billing system is not instantly updated each time you use the Service it is possible, especially when making international calls or roaming, to exceed your usage limit. You will be liable for all Charges incurred including any Charges exceeding your usage limit. You may be asked to pay any Charges incurred in excess of your usage limit before Service is reinstated.
	5.5.			You are liable for all Charges arising under this Agreement (including under Clause 6.3) whether incurred by you or anyone else using you Mobile Phone (with or without your knowledge) and you must pay such Charges to us or as we direct.
	5.6.			We require you to pay your Charges by direct debit. An additional charge may apply if you pay by another method. If you are paying by payment card you authorise the payment card company to disclose to us and, under strict obligations of confidentiality, to our sub-contractors and agents, details about your payment card account in so far as is necessary in connection with your agreement with us and to inform us if your payment account is terminated or suspended at any time on 0870 111 7200.
	5.7.			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 charges are available by calling CPW Customer Services on 0870 111 7200.
	5.8.			Monthly charges incurred and inclusive minutes allowed for periods of less than a month will be calculated on a pro rata basis.
	5.9.			Call charging rates which vary according to the time of day are billed according to the time of call initiation.
	5.10.			Where tariffs include inclusive allowances which apply to certain calls, texts, data or messages ("Calls") up to a monthly limit, unused inclusive allowances cannot 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 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. Unless otherwise stated, call prices are quoted by the minute, include VAT and are charged in one second increments, then rounded up to the nearest second. Each call is charged excluding VAT and then rounded up to the nearest penny. VAT is then added to the total of all Charges on your bill. However, all calls are subject to a minimum charge: 3p for voice calls and 6p for data calls which include mobile internet calls. This minimum charge also applies in the calculation of use of your inclusive allowance. Prices are correct at time of going to print but are subject to change. You may be charged to receive certain premium rated text messaging services and multi - media messaging services.
	5.11.			We may require you to provide us with a deposit as a condition of providing the Service to you or continuing to provide the Service to you. We will hold this deposit until you have paid all sums due to us from you under this Agreement. No interest is payable on any deposit held by us. We will return the deposit or any balance on the deposit, if there are any sums due to us from you, on termination of this Agreement.
6.	Your Responsibilities
	6.1.			You must use your Mobile Phone, SIM Card and the Service in the way described in the User Guides or other instructions issued by us.
	6.2.			You agree:
		6.2.1.		that all factual information you provide to us is correct;
		6.2.2.		to take adequate precautions to prevent damage to or unauthorised use or theft of the SIM Card and your Mobile Phone;
		6.2.3.		that the SIM Card shall at all times remain our property; and;
		6.2.4.		to inform CPW customer services as soon as possible by telephone 0870 111 7200 or by email at O2CS@CPWServices.com if the SIM Card or your Mobile Phone is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner and to co-operate with us in our reasonable security and other checks.
	6.3.			If the SIM Card or your Mobile Phone is lost, stolen, damaged, destroyed or used in an unauthorised manner you will be responsible for any Charges incurred until you have informed us.
	6.4.			You must not use or permit any other person to use the Service
		6.4.1.		fraudulently, in connection with a criminal offence or in breach of any law or statutory duty;
		6.4.2.		to send a call or message, send, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, in breach of any Rights or privacy or otherwise unlawful;
		6.4.3.		to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003;
		6.4.4.		other than in accordance with the acceptable use policies of any connected networks and (if appropriate) any relevant Internet standards;
		6.4.5.		to generate AIT; or
		6.4.6.		via a GSM Gateway so that the Service is provided via the GSM Gateway to third parties.
	6.5.			You must tell us immediately by advising The Data Controller of CPW at the above address or by e-mail at O2CS@CPWServices.com if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
	6.6.			We recommend that you insure your Mobile Phone for its replacement value (including cover against calls made if it is lost or stolen). If you are unfortunate enough to have your mobile phone stolen or if you lose it, please contact us or CPW immediately so that we or CPW can prevent further calls being made from it. You will be required to pay for all call Charges up to the time you notify us or CPW and you will be liable for the monthly (or other periodic) line rental charges thereafter until this Agreement has ended as described in Clause 8.3.
7.	Our Rights to Bar or Disconnect Your Mobile Phone
	7.1.			We can, at our discretion and without notice, bar your Mobile Phone from making calls (other than to the emergency services) and disconnect it from the Network:
		7.1.1.		if any of the circumstances in Clauses 8.1 or 6.4. apply to you; or
		7.1.2.		in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a payment card, your SIM Card or Mobile Phone.
	7.2.			You must pay an unbarring charge and, if applicable, a re-connection charge if the Service is temporarily barred and/or your Mobile Phone is disconnected from the Network for the reasons stated in Clause 7.1. As a condition of unbarring or reconnecting your Service we may require you to authorise a direct debit authority for the payment of Charges.
	7.3.			If we bar your Service because you break this Agreement, the Agreement will still continue. You must pay all Charges until the Agreement is ended by notice under Clause 8.2.
8.	Ending the Agreement
	8.1.			In addition to anything else we can do, we can end the Agreement at any time if:
		8.1.1.		you fail to pay Charges when they are due, including any deposit we have asked for or break this Agreement in any other material way;
		8.1.2.		we have reasonable cause to believe that the Service is being used in a way forbidden by Clause 6.4, even if you do not know that the Service is being used in such a way; and you do not correct the situation within 7 days of our request; or
		8.1.3.		you are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors or if being a company you go into either voluntary or compulsory liquidation or a receiver is appointed over your assets.
	8.2.			This Agreement may be ended either by you or us giving at least 30 days' written notice to the other. You must pay all Charges incurred during the Agreement.
	8.3.			If this Agreement is ended during the Minimum Period, you must pay the monthly subscription charges up to the end of the Minimum Period. This does not apply if you end the Agreement for the reasons in Clause 8.4.
	8.4.			You may end this Agreement at any time by writing to us at the above address to give notice if:
		8.4.1.		we break this Agreement in any way and we do not correct the situation within 7 days of your request;
		8.4.2.		we go into liquidation or a Receiver is appointed over our assets; or
		8.4.3.		we increase any of the Charges for the elements of the Service you are using or change this Agreement to your disadvantage.
			8.4.3.1.	In this situation Clause 8.3 will not apply.
	8.5.			If you enter this Agreement and subsequently move onto a lower tariff or fail to fulfil your payment obligations during the Minimum Period, or you end this Agreement for any reason within 6 months and the relevant tariff includes a subsidised handset, you must in addition to paying any other Charges either:
		8.5.1.		return the Mobile Phone to CPW by sending it special delivery to Online Returns, CPW Logistics Centre, Bilston Road, Wednesbury, West Midlands, WS10 7JN at the same time as giving CPW written notice that you wish to end this Agreement; or,
		8.5.2.		keep the Mobile Phone, in which case you agree to pay CPW the handset-only retail price (up to £250) being the purchase price (the "Purchase Price") of the Mobile Phone and you hereby authorise CPW to take the relevant Purchase Price from your nominated credit or debit card or through such other means as CPW may require in the event that the Mobile Phone is not returned in accordance with Clause 8.5.1 above.
9.	Limitation of Liability
	9.1.			Neither we nor CPW have any liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service provider or retailer, as the case may be. We and CPW do not accept liability for indirect or consequential loss, such as loss of profits, business, costs, expenses (unless such losses were reasonably foreseeable to both of us when this contract was entered into) or any other form of economic loss.
	9.2.			We and CPW accept liability for death or personal injury resulting from our own negligence.
	9.3.			If we or CPW are found liable to you our liability will not exceed £3,000 except under Clause 9.2.
	9.4.			Each provision of this Clause 9 operates separately. If any part is found by a Court to be unreasonable or inapplicable the other parts will continue to apply.
10.	Matters beyond our reasonable control
				Except for the obligations under Clauses 5, 6, 7 and 8, if either of us cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities, we will not be liable for this.
11.	Changes to the Agreement
	14.1			We reserve the right to increase/decrease our charges from time to time and/or introduce new charges from time to time. If we increase our charges, we will give you at least 30 days' prior notice.
	14.2			We reserve the right to make changes to these terms from time to time and/or to introduce new terms from time to time if there are changes to the law, or amendments to these terms and conditions due to changes to the licence under which we operate our telecommunications network. We will notify you of any changes to these terms or new terms introduced.
12.	Assignment
	12.1.			You cannot transfer the Service to anyone else unless we agree in writing.
	12.2.			We shall be entitled to assign or transfer our rights and obligations under this Agreement or any part of it on the same terms to any third party.
13.	Use and Disclosure of Information
	13.1.			You agree that we and CPW may search the files of credit reference agencies which will keep a record of that search. We and CPW may also carry out identity and anti-fraud checks with fraud prevention agencies. If you give us or CPW false or inaccurate information and we or CPW suspect fraud, we or CPW will record this. Details of how you conduct your account may also be disclosed to those agencies. The information may be used by us and CPW and any of our group companies and other parties in assessing applications for and making decisions about credit, credit related services and insurance (including motor, household credit, life and other insurances and claims) from you and members of your household and for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention. Information may be used by us and CPW and other parties for checking your identity, statistical analysis about credit, insurance, fraud and to manage your account and insurance policies. We and CPW may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies whilst you retain a financial obligation to us and/or CPW.
	13.2.			You authorise us and CPW to use and disclose, in the UK and abroad, information about you and your use of the Service and how you conduct your account for the purposes of operating your account and providing you with the Service or as required for reasons of national security or under law to our and CPW's associated companies (including, without limitation, CPW's fixed line telephony and insurance companies), partners or agents, any telecommunications company, debt collection agency or credit reference agency and fraud prevention agency or governmental agency and other users of these agencies who may use this information for the same purpose as us and CPW. You agree to this information being used by us and CPW for credit control purpose and fraud and crime detection and prevention. You can obtain further details from our and/or CPW's public registration held by the Information Commissioner. If you wish to have details of the credit reference or the fraud prevention agencies from whom we and CPW obtain and with whom we and CPW record information about you or receive a copy (we and/or CPW may charge a fee) of the information we or CPW hold about you, please contact us and CPW by writing to the Data Controller at The Carphone Warehouse Customer Care Department at the above address or by email at O2CS@CPWServices.com, stating your full name, address, account number and Mobile Phone number.
	13.3.			You also agree to the information described in Clause 13.2 being used, analysed and assessed by us, CPW and the other parties identified in Clause 13.2 and selected third parties for marketing purposes including amongst other things to identify and offer you by phone, post, the Network your Mobile Phone, fax, MMS, e-mail or other means, any further products, services and offers which we or CPW think might interest you. If you do not wish your details to be used for marketing purposes, please write to us c/o The Data Controller, The Carphone Warehouse Customer Care at the above address or by email at O2CS@CPWServices.com 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 this Clause 13 in respect of agreements relating to other products and/or services.
	13.4.			Some services or services provided by third parties may require the disclosure of information about the location of your Mobile Phone. If you do not wish this information to be disclosed please contact 1300.
14.	Internet Access
	14.1.			If you have a Mobile Phone, which enables access to the Internet ("Mobile Internet Phone") the following terms and conditions also apply to you.
	14.2.			Certain parts of the Service are only available if you register with O2 Online, an internet service provider at http://www.O2.co.uk.
	14.3.			The terms and conditions of O2 Online may be obtained by accessing the website.
	14.4.			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.
	14.5.			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 Service ("Information") whether publicly posted or privately transmitted, is the sole responsibility of the person from whom 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.
	14.6.			Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Phone on or via the O2 Online website, or otherwise, unless explicitly stated by us, are solely between you and the person with whom you are dealing. Neither we nor CPW will be responsible for any losses or damages that may arise from any such dealings with third parties.
	14.7.			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.
15.	General
	15.1			We reserve the right to transfer this Agreement to any third party at any time on the same terms. You may not transfer this Agreement to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.
	15.2			Failure by either of us to enforce rights under this Agreement shall not prevent you or us (as the case may be) from taking further action.
	15.3			When you use your mobile phone, 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 or 112.
	15.4			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 call Key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your Mobile Phone number on receiving handsets.
	15.5			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.
	15.6			We and CPW 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. If you use your mobile phone to access the Internet, please note that 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.
	15.7			If we or CPW need to send notices to you or you to need to send notices to us or CPW these must be in writing and can be delivered by hand or first class post to the other party's address as stated on the order form and will be deemed to have arrived at their destination 48 hours after posting. Notices may also be sent by email, and must be sent to us or CPW, at the address we notify to you by email, or to you, at the address stated in your application form or given to CPW on the phone or any other email address that you supply to CPW for the purpose and notices given by email shall be deemed to have been delivered the day after the day the notice is sent. We may also send notices to you by SMS which must be sent to your mobile phone number and notices given by SMS shall be deemed to have been delivered the day after the day the notice is sent. All references in this agreement to "in writing" include by SMS.
	15.8			We, CPW or either of our agents may monitor or record your calls, emails or text 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.
	15.9			We may charge you for inclusion of your information in any publicly available telephone directory or as part of any directory information service at the price as stated in our tariff guide from time to time.
	15.10			The SIM card does not belong to you. We may change your SIM card. Your SIM card must be returned in good condition to us if we change it or when this Agreement comes to an end. You will have to pay for SIM cards or replacement SIM cards at the price as stated in our tariff guide at that time.
	15.11			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 which may affect your payment of the Charges.
	15.12			You may address any complaints in writing to: The Carphone Warehouse Customer Care, North Acton Business Park, Wales Farm Road, London W3 6RS or if you have opted for on-line billing email O2CS@CPWServices.com. Please include your Mobile Phone number in any correspondence. If CPW do not resolve your complaint, you may contact the Telecommunications Ombudsman. You can find their details at www.otelo.org.uk.
	15.13			This Agreement is subject to English law and the English Courts have jurisdiction. You may have the right to refer certain disputes to arbitration details of which are available from us upon request.
	15.14			Except in the case of any permitted assignment of this Agreement under Clause 15.1, 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. You, we and CPW are all parties to this Agreement.

Orange Mobile Terms and Conditions

Duncan Elliott — 2008-02-27



1.	Definitions
	The following words and expressions shall have the following meanings:
	Accessories: Products approved by Orange which you use in conjunction with your phone. They include (without limitation) batteries, chargers, car kits, headsets and carry cases.
	Account: our records of your payments and outstanding Charges, plus your personal details.
	Bar: a block placed by us on some or all of the Services you normally use (except for calls to emergency services).
	Charges: all charges for Services, as published in our periodically updated Price Guide. These include any reasonable administration charges.
	Connection: the process of giving you access to a Service. "Disconnection" and "Re-connection" have a corresponding meaning.
	Contract: the terms and conditions described in this leaflet which are binding on both you and Orange for each phone you connect to the Orange network.
	Customer Literature: printed matter published by Orange which provides information on Orange Services. It may be distributed with new Phones or in mailings to some or all Orange Customers.
	Deposit: refundable amount that Orange may ask you to pay before we Connect or Re-connect you to the Network or before providing any Service.
	Line One and Line 2: Line One is the primary means by which you have access to the Services. Line 2 is a second line on the same phone with its own phone number.
	Minimum Term: the period of 12 months commencing on the date of Registration.
	Monthly Billing Date: the day in each month on which your billing statement will be issued after you have been connected.
	Network: the public telecommunications system by which Orange makes Services available in the United Kingdom.
	Orange Additional Services: optional Services (including Roaming and International Calling) which cost extra whether they are supplied in conjunction with Price Plans or outside Price Plans.
	Orange: Orange Personal Communications Services Limited, or any organisation that may succeed it as the assignee of this Contract.
	Phone: a mobile telephone (excluding Accessories, but including the charging unit and SIM which remains the property of Orange) which is approved by Orange for connection to its Network.
	Price Guide: a publication which lists our current Charges and which is updated from time to time.
	Price Plan: a bundle of airtime and supplementary Services offered by Orange for an agreed monthly payment.
	Registration: our acceptance of your application for Services and our record of your Customer and User data prior to Connection. "Register" has a corresponding meaning.
	Registration: our acceptance of your application for Services and our record of your Customer and User data prior to Connection. "Register" has a corresponding meaning.
	Roaming: An optional Service which allows you to use your Phone on other operators' networks, usually in foreign countries.
	Services: Network and other Services, including Orange Additional Services, provided or procured by us for you to use.
	SIM: a card or other device which contains your personal telephone number and which is programmed to allow you to access the Network.
	Suspension: the temporary disconnection of Services. "Suspend" has a corresponding meaning.
	User: you, or another person named by you, who is authorised to incur Charges to your Account.
2.	Your Contract and the Minimum Term
	Your Contract runs for at least 12 months
	2.1	For each Phone you own, your Contract starts on the date of Registration and has a Minimum Term of 12 months.
	2.2	After the Minimum Term ends, we will continue to supply you with Services as normal until your Contract is terminated in any of the ways described in Section 4.
3.	Provision of Services
	What we aim to provide in the UK
	3.1	We will take all reasonable steps to make all Services available to you at all times. The Services are only available within the range of the base stations that make up our Network. However, please note that:
		3.1.1	The quality and availability of Services may sometimes be affected by factors outside our control - such as local physical obstructions, atmospheric conditions, other causes of radio interference, and faults in other telecommunication networks to which the Network is connected.
		3.1.2	The quality of our Services may not be at its best inside buildings or below ground. Services may sometimes be affected by maintenance and upgrading.
	3.2	The Network and the Services may from time to time require upgrading, modification, maintenance or other works. These may result in some or all of the Services becoming temporarily unavailable. In such cases, we'll do everything we can to provide alternative Services and to keep the period of unavailability to a minimum. However, some interruption may be inevitable. suspension of Services if you break your Contract.
	3.3	We may suspend some or all of the services you use, without giving you notice, if we have good reason to believe that you haven't complied with one or more of the terms of your Contract.
		3.3.1	If you don't pay your bill within the time stipulated in Condition 6.1, we reserve the right to place a bar on all outgoing calls from your phone (with the exception of calls to the emergency services). This bar will remain in force until you've paid everything you owe us. At our discretion, we may charge you for reconnection and removal of the bar.
		3.3.2	We also reserve the right to suspend services if a complaint has been made against you. The complaint will be thoroughly investigated, and services will remain suspended until we know the results of that investigation. Any complaint you make will similarly be thoroughly investigated.
	Suspension of Orange Additional Services
	3.4	We reserve the right to suspend, either temporarily or permanently, part or all of any Orange Additional services on giving reasonable notice.
	monitoring the Services you use
	3.5	For the purposes of good management and security, we may need to monitor the contents of any text message you send from time to time. We may also tape conversations between you and our customer services for training purposes. roaming services outside the UK.
	3.6	Roaming relies on the telecommunications systems of foreign networks, over which we have no control. We cannot therefore offer any guarantees about roaming services.
4.	Your rights to terminate this Contract
	Terminating your Contract after the Minimum Term
	4.1	You may terminate your contract to expire at anytime after the minimum term by giving us at least one month's written notice. You are free to restore your contract throughout this notice period, should you change your mind.
	Terminating your Contract during the Minimum Term
	4.2	You may terminate your contract before the minimum term has expired if you pay us:
		4.2.1	all charges that are due, plus
		4.2.2	a lump sum equivalent to the total of all the monthly charges still remaining on your initial minimum term agreement. You'll be entitled to a rebate of 5% of that total if you terminate your contract up to and including the first day of the eleventh month of the minimum term.
	Terminating your Contract because Orange has changed its terms
	4.3	You may also terminate your Contract if we vary its terms, resulting in an excessive increase in the charges or changes that alter your rights under this contract to your detriment. In such cases you would need to give us at least 14 days written notice prior to your Monthly Billing Date (and within one month of us telling you about the changes). However this option does not apply if:
		4.3.1	we have increased the charges by an amount equal to or less than the percentage increase in the All Items Index of retail prices published by the Central Statistical Office in the Monthly Digest of Statistics in any 12 month period; or
		4.3.2	the variations we have made have been imposed on us as a direct result of new legislation, statutory instrument, government regulation or licence; or
		4.3.3	the variation relates solely to an Orange Additional Service, in which case you may cancel that Orange Additional Service in accordance with Condition 15.1.
	Termination of your Contract by Orange
	4.4	We may terminate your contract immediately at any time in respect of any or all the Phones owned by you, in whole or in part, by giving you written notice if:
		4.4.1	you fail to pass any credit assessments, which we may reasonably consider to be necessary from time to time
		4.4.2	you fail to pay any of your bills from Orange on time
		4.4.3	we have good reason for believing that any information you have given us is false or misleading
		4.4.4	you become insolvent within the meaning of Section 123 of the Insolvency Act 1986, or bankrupt, or if we have good reason for believing that you are unable to pay the charges.
		4.4.5	in addition, we may terminate your contract at any time after the minimum term has expired by giving you at least one month's written notice.
	Disconnection of your service by us without written notice
	4.5	If we have good reason for believing that you have breached Conditions 6.4.2, 6.4.3, 6.4.4 or 6.4.5, we reserve the right to disconnect you from Network Services without notice. In such circumstances, we may also give you written notice that if you fail to correct this breach of Conditions within 7 days, we may terminate your contract with immediate effect.
	4.6	Orange reserves the right to terminate your contract immediately if:
		4.6.1	you have failed to correct a breach of Conditions 6.4.2, 6.4.3, 6.4.4 or 6.4.5 within 7 days of being given written notice to do so
		4.6.2	you have breached conditions 6.4.1, 6.4.6 or 6.4.7 and have failed to correct that breach within 7 days of being given written notice to do so.
	Termination because Orange is no longer able to provide access to our Network
	4.7	If, for reasons beyond our control, we are no longer able to provide Network Services, we will either:
		4.7.1	make arrangements for you to be supplied with equivalent Services by another network at no extra cost to you, or
		4.7.2	accept written notice from you that you wish to terminate your Contract. In such cases we will refund any pre-paid Charges that have not been used up.
	Termination and Line 2
	4.8	Termination of your Contract for any reason connected with Line One will result in automatic termination of Line 2.
5.	After termination
	What to do after Termination of your contract
	5.1	Termination of your contract is subject to you paying us any money you owe us and us paying you any money we owe you. After termination, it is your responsibility to cancel any direct debits, standing orders, credit card mandates or other authorisations you may have given for periodic payments to be made to us by third parties.
6.	your responsibilities
	When your payments are due
	6.1	Ordinarily we will invoice you monthly in advance for monthly charges which are non-refundable, and monthly in arrears for call and message charges but we reserve the right to amend the invoicing period and submit interim invoices to you. The Connection charge will be included on your first invoice. Charges in respect of services not supplied directly by us e.g. Roaming may be invoiced several months in arrears. VAT will be added to all invoices at the relevant rate where applicable. Payment is due when you receive your billing statement.
		6.1.1	You will be responsible for paying all charges on your account, whether or not they have been accrued by you personally. You will also be responsible for any extraordinary costs incurred in administering your account, including collecting any payments. If your Service has been disconnected, either at your request or ours, you will remain responsible for paying any outstanding charges.
	Penalties for overdue payments
	6.2	If payment is not made within 14 days of its due date, we may charge interest on all sums outstanding at the rate of 2% above the base rate of National Westminster Bank Limited. This interest will be charged on a per annum basis calculated daily.
	6.3	Ordinarily we will accept payment of charges by credit card, debit card, cheque, direct debit and electronic transfer, but we reserve the right to refuse any payment method if we have reasonable cause to believe such payment will be dishonoured. things that you agree to do.
	6.4	Recognising that good management and security of the services is important to all Orange customers, you agree that you will:
		6.4.1	Provide whatever proofs of your identity and address that we consider reasonably necessary from time to time. While photocopy or fax copies are usually acceptable we do reserve the right to request the original document .
		6.4.2	Keep confidential, and not disclose to any third party, your account password or any personal identification code, number or name issued by us permitting access to the Services.
		6.4.3	not use the Services for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication, which is of an offensive, abusive, indecent, obscene or menacing nature.
		6.4.4	not cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience, whether to us or to any of our customers, by any means including the use of the Network for persistently sending unsolicited communications without reasonable cause.
		6.4.5	Not act in a way, whether knowingly or otherwise, which will impair the operation of the Network or any part of it, or put it in jeopardy.
		6.4.6	Use only phones and accessories approved for use with the Network, and comply with all relevant legislation or regulation relating to their use.
		6.4.7	Comply with any reasonable instructions issued by us, which concern your use of the Services, and co-operate with us in our reasonable security and other checks (which may include us making phone calls to you).
7.	Multiple users
	Where there are one or more Users other than you under your Contract, you remain liable for all Charges incurred to your Account by those Users.
8.	Line 2 - limitations on usage
	Suspension of Services.
	8.1	If we Suspend Services on Line One, Services on Line 2 will automatically be suspended.
	8.2	It is not possible to send or receive text messages on Line 2.
	8.3	You may not have a higher Price Plan on Line 2 than you have on Line One.
9.	Information supplied by you
	The details you give us must be correct
	9.1	By applying for registration or for Orange Additional Services, you undertake to provide your correct name, address and other factual information. You also confirm that:
		9.1.1	the person stated to be authorised to sign for a company or firm is duly authorised.
		9.1.2	any individual applying as a member of a company is of full contractual capacity and is able both to pay for the Services he or she has requested and to meet his or her other obligations under your contract.
	What happens if we suspect the details you give us aren't correct?
	9.2	If we suspect, on reasonable grounds, that information has been supplied to us without the knowledge of the person named, or that an application is unauthorised or contains false particulars, we may delay connection or suspend services to your phone while we investigate further. Following our investigation, we will Connect or reinstate the Services unless we have grounds to terminate. You acknowledge that you will have no claim against us in respect of any delay or disconnection caused as a result of the operation of this condition.
10.	Credit assessments
	Your application is subject to credit status
	10.1	All applications for registration and Orange Additional Services are subject to credit assessment before we can connect you to the Network. If our assessment of you does not meet our normal requirements we reserve the right to decline to connect you or to supply Orange Additional Services. Alternatively, we may ask you to lodge a deposit with us before we connect you. If you believe our assessment of you is incorrect, we will review your eligibility. However, we cannot accept responsibility for the accuracy of information provided from the databases of credit reference agencies. Nor can we accept any liability for the consequences of our declining to connect you.
11.	Deposits
	Deposits are held for 12 months
	11.1	We may request a deposit from you:
		a)	Before connection.
		b)	Before making Orange Additional Services available to you.
		c)	Before reinstating the services after suspension.
	Deposits will be held for 12 months from the date of receipt and then refunded. We do not pay interest on deposits. If you owe us money, we may set off deposits against the amount due to us. If there is a balance left over in such cases, we will remit this to you either by cheque or by crediting your account.
12.	SIM Card
	It's your responsibility to keep your SIM Card safe
	12.1	Any SIM Card we supply to you remains our property, but it is your responsibility to keep it safe. SIM Cards are easily damaged and should be handled with care. We will replace free of charge any SIM Card found to be defective through faulty design or workmanship. In any other circumstances, however, we may charge for replacing it. We reserve the right to recall any SIM Card from you at any time to enhance or maintain the quality of the Services.
	What to do if your SIM Card is lost, stolen or damaged
	12.2	You must inform us immediately if the SIM Card supplied to you is lost, stolen or damaged. You will remain liable for all Charges incurred until you do so. We will send you a replacement SIM Card as soon as reasonably practicable, but we reserve the right to charge you for doing so.
	Your SIM Card and other networks
	12.3	The SIM Card supplied with your phone enables the phone to work on our Network only with the exception of phones which can access roaming Services. However, after the Minimum Term we will lift this restriction at your request, provided all your payments of Charges are up to date and you pay the current administration charge. The software in the SIM Card and the phone is either owned by or licensed to Orange which grants you a non-exclusive licence to use it for accessing the services for the duration of your contract and not otherwise.
13.	Directory and Caller ID
	What to do if you want your number to remain private
	13.1	We will enter your Orange number in directories, and our network will allow the display of your Orange number on receiving phones. If you prefer not to allow either of these options, please let us know in writing.
14.	Phones
	Your phone is not a part of your Contract
	14.1	Your phone and accessories are acquired by you outside the terms of your contract.
15.	Changes to your contract
	We reserve the right to make changes to your contract
	15.1	When you register you are asked to choose a price plan and to indicate which Orange Additional Services you require. You may switch between price plans and add to or cancel additionals by giving us not less than 10 days notice before your monthly billing date (subject to the terms of any promotional offers you have accepted). We do, however, reserve the right to vary the terms of this Contract from time to time and to make changes to your price plan. We acknowledge that if we do increase the charges, withdraw Orange Additional Services or introduce new mandatory charges - or if your contractual rights are affected to your detriment - you may terminate your contract in accordance with Condition 4.3. If you do not give notice within one month of our notifying you of any change(s), you will be taken to have accepted the change(s).
	15.2	We are continuously enhancing our existing Services as well as adding new services, particularly Orange Additional Services. Charges for, and any special terms and conditions attached to Orange Additional Services will be notified in Customer Literature. The terms of your Contract, including Charges current on the date when you take up the offer of any Orange Additional Service, will apply to it, subject to any special promotional offer made by us and accepted by you.
16.	Customer literature
	Please read all the information we send you
	16.1	We update our Customer Literature from time to time. Information on various topics is mailed to customers with their monthly billing statements and is available on request from us. You are asked to read your Customer Literature and to keep it until it is superseded. We regard you as having been given any information if it is either:
		a)	Included in a mailing addressed to you.
		b)	In a text message sent by us to your phone.
		c)	Communicated directly by any means.
17.	Assignment of contract and change of ownership of phone
	Your contract is personal to you
	17.1	Your Contract is personal to you and you may not assign it. However, we may at our discretion allow you to:
		a)	Nominate a user other than yourself while you remain primarily liable to us under your contract.
		b)	terminate your contract on short notice if you have transferred title to your phone to a new customer who has connected the phone to our Network.
	We may assign our rights to your contract only if such assignment is on terms which are at least as advantageous to you as those set out in your contract.
18.	Liability circumstances in which neither of us accepts liability
	18.1	Except as provided in this Condition 18, neither party shall be liable to the other, whether in contract or tort or otherwise, for any loss or damage which is:
		a)	Not the fault of the other party.
		b)	Indirect and/or not reasonably foreseeable.
		c)	loss of business, profits, savings, revenue, use or goodwill whether caused to the other party through any breach of your contract or any matters arising under it. Neither party excludes liability for negligent acts or omissions causing death or personal injury to any person.
	Maximum liability of Orange.
	18.2	Subject to Condition 18.1, we limit our legal liability up to a maximum of three thousand pounds per claim or a series of related claims for any loss or damage which is:
		a)	Direct financial loss.
		b)	Direct physical damage to or loss of property resulting from our breach of contract or negligence while providing Services.
	Factors beyond our control.
	18.3	We will not be liable to you if we are unable to perform an obligation or provide the Services to you because of any factor outside our control, including but not limited to Acts of God, industrial action, default or failure of a third party, war, governmental action, or by any act or decision made by a court of competent jurisdiction.
	Your maximum liability.
	18.4	Subject to Condition 18.1, your liability is limited to payment of all outstanding charges due in accordance with the provisions of your contract.
19.	General
	Changes to your Contract
	19.1	Subject to Condition 15.2, your Contract may be varied or amended only by the express mutual agreement of both parties. A party seeking to rely on such variation or amendment must produce evidence of the other party's agreement to it. disclosure of information to third parties.
	19.2	You agree to the disclosure to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider of:
		a)	Any information relating to your contract, including your personal financial information and details of how you have performed in meeting your obligations under your contract.
		b)	Any disclosure as may be within our Data Protection Act registration.
		c)	Any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority.
	Delivering communications to you.
	19.3	All notices to be served in accordance with your contract must be served by post or facsimile. We can in addition serve notice to you by text message. They will be deemed served 48 hours after they are sent, or on earlier proof of delivery. All invoices and notices served by post will be sent to the address given by you on registration unless you notify us of a change to this address. Any waiver, concession or extra time we may allow you is limited to the specific circumstances in which it is given and does not affect our rights in any other way.
	Disputes between you and us.
	19.4	You may request that disputes between you and us are referred to arbitration under our Code of Practice for Consumer Affairs. We will supply a copy of our Code of Practice for Consumer Affairs to you on request.Orange company details.
	19.5	Our Company Registration Number is 2178917 and our Registered Office is at St James Court, Great Park Road, Almondsbury Park, Bradley Stoke, Bristol, BS32 4QJ.
	Governing law.
	19.6	Your Contract is to be interpreted in accordance with the Laws of England and Wales.

Three Mobile Terms and Conditions

Duncan Elliott — 2008-02-27

T-Mobile Terms and Conditions

Duncan Elliott — 2008-02-27

Conditions Version Number 45

The main points of our agreement
1 The SIM card has been issued for the minimum period set out on the agreement form. You may have to pay us a cancellation charge if you cancel a SIM card within that time. After your minimum period has ended you can cancel without having to pay a cancellation charge.
2 You can phone us and end your agreement or cancel a SIM card at any time. Please be aware that a cancellation charge may apply (see above). Your agreement will terminate one calendar month from our receipt of your notice. You are free to restore your agreement throughout the notice period.
3 You may pay for some services in arrears, and other services in advance. We may use credit balances from your pre pay account to offset against amounts you owe us if your monthly account in put into suspension for late payment.
4 We will send you a bill each month for those services you pay in arrears; please pay it by the date set out on it to ensure continued service.
5 If either your phone or SIM card are lost or stolen, please call Customer Services at once. You will have to pay for any calls made before you told us.
6 We will try to provide a high-quality phone service to you at all times. However, because T-Mobile is using radio technology, we cannot guarantee that we will be able to provide service. Service can be affected by factors outside our control for example, buildings, tunnels, hills or faults in other networks.
7 We will write to you and tell you of any change in our charges 30 days before it happens. In most cases we will write to you and tell you of a change in our conditions 30 days before it happens. We can change your payment terms if we think we have to.
8 We can set and change credit limits for charges. If you go over your credit limit, your service may be interrupted.
9 If you replace a phone under our upgrade scheme then you will enter into a new 12 month minimum term on your existing SIM card.
10 We can at any time ask you for a deposit (or an extra deposit) as security for charges.
1	Definitions
	These words have the following meanings:
	'accounts' -collectively, the pay monthly and pre paid accounts;
	'additional services' - services other than basic services supplied with your price plan or optional services outside your price plan;
	'anticipated savings' - costs you expected to avoid by using equipment or services;
	'call charges' - charges for services you use;
	'cancellation charge' - a charge applied to your account for cancelling this agreement or individual SIM cards before the end of the minimum period of a SIM card, calculated by adding together the remaining months from the time the agreement ends (or the SIM card is cancelled) to the end of the minimum period for the SIM card (see 2(c)), and multiplying that figure by a fixed monthly amount (as set out in our booklet of charges 'What it costs'). We then reduce this amount by 4%;
	'charges' - monthly charges, call charges, and any other charges relating to the services;
	'consumer' - a real person acting for purposes outside his/her business;
	'content' - all information whether textual, visual, audio or otherwise, appearing on or available through the services whether supplied by us or by content providers;
	'equipment' - any equipment approved for connection to the network which you use with a SIM card;
	'monthly account' - the account in which we record your charges for services you elect to pay in arrears, and for which we send out monthly bills;
	'monthly charges' - monthly charges for ongoing access to the services;
	'network' - the phone system which provides the services;
	'payment terms' - the terms by which we manage your account and the ways you pay the charges;
	'prepaid account' - the account in which we record your credits and charges for services you elect to pay for in advance;
	'severe disruption to the network' - a breakdown in over 90% of the network which lasts for 3 days or more;
	'services' - services including additional services provided to you by us;
	'SIM card' - the card used with equipment to get services;
	'the agreement' - the agreement between you and us for the services which these conditions apply to;
	'you' and 'your' - the customer
	'we', 'us' and 'our' - T-Mobile (UK) Limited trading as T-Mobile.
2	Our Agreement
	(a) This agreement applies from when we accept your request for service or you buy equipment through our upgrade scheme, as applicable. If we reject your request but you incur charges, we can recover such charges from you.
	(b) We will open an account in your name and apply charges to it. We will connect you to the services as soon as we can.
	(c) (i) We will issue each SIM card for the minimum period set out on the agreement form. The period starts from when we make the services available to you by the SIM card.
		(ii) if you enter this agreement to buy equipment through our upgrade scheme then, unless we otherwise agree, a new 12 month minimum period will apply to your nominated SIM card. In this case that period starts from the date of your upgrade registration.
		(iii) you must tell us if you want to cancel this agreement or a SIM card. You may have to pay a cancellation charge if cancel within a SIM card's minimum period (see 2(c)(i) and (ii). A cancellation charge is not payable if you are cancelling because: (A) our entitlement to operate the network ends; or (B) we want to increase a charge to you and the increase, (when calculated as a percentage) will be more than the increase in the Retail Prices Index Figure, the RPI (also calculated as a percentage) for the 12 months before the month in which we send you notice of the increase (see 4(f)). We will tell you if the increase will be more than the increase in the RPI. You must tell us you want to cancel before the increase happens.
	(d)(i) if a SIM card is lost, stolen or damaged, call Customer Services for a new one (see 4(d)). We may charge for replacement.
		(ii) we own the SIM cards. You can only use a SIM card to use the services.
		(iii) we can change a SIM card's phone number(s) if we have a good reason, for instance, a legal reason. We will give you 30 days written notice. We will tell you why.
	(e) We may set and change credit limits for charges. We can stop you using services if your limit is exceeded. Charges are not capped by any limit we set as some call charges, especially international and roaming call charges, may not be recorded against your account immediately, and the charges incurred could therefore exceed your credit limit before your account is suspended.
3	Providing services
	(a) We will always try to make the services available to you but sometimes they may be affected by things we can't control, for example, the weather and faults in other phone networks.
	(b) We will use reasonable endeavours to maintain content but it may be incomplete, inaccurate, or out of date and is provided to you on an 'as is' basis.
	(c) We will not be liable to you or any other party for any action you take in reliance upon the accuracy, completeness or continuous supply of the content.
	(d) It is your responsibility to evaluate the value and integrity of goods and services offered by third parties by means of the services. We will not be a party to nor in any way be responsible for any transaction concerning third party goods and services.
	(e) The service enables access to content. We may vary the availability of content or the technical specification of services.
	(f) The services are made available provided that you comply with the following conditions. Any failure to comply with these conditions shall be a material breach of this agreement:
		(i) they are not used for anything unlawful, immoral or improper;
		(ii) they are not used to make offensive or nuisance communications in whatever form, or to make or receive reverse charge calls;
		(iii) they are only used with equipment approved for use with the network and all relevant laws and rules are followed;
		(iv) they are not used to send, receive, upload, download or otherwise facilitate any material which is offensive, indecent, defamatory, of a menacing nature, a nuisance, a breach of privacy, or otherwise unlawful;
		(v) they are not used to access or use content in a way that infringes the rights of others;
		(vi) they are not used otherwise than in accordance with any connected networks' policies for acceptable use, and (if appropriate) any relevant internet standards;
		(vii) you give us information we reasonably ask for;
		(viii) all reasonable instructions we give you are followed; and
		(ix) the person attempting to use the services is in range of base stations forming part of the network.
	(g) We reserve the right to suspend, amend or withdraw part or all of the additional services on giving reasonable notice. Charges for and any special terms over and above these terms and conditions attached to additional services will be notified in customer literature and our booklets of charges.
	(h) You must obtain our express prior written consent before:
		(i) operating, whether directly or through a third party, any device to route or re-route voice, data or other services on, from or to the network; or
		(ii) selling or attempting to sell or otherwise providing commercial services using our network to any third party.
	Failure to obtain this consent may result in immediate termination in accordance with 6(a)(ii).
4	What and how you pay
	(a) Our charges are set out in our booklets of charges. We update these booklets from time to time.
	(b) You may pay charges in two different ways. You can elect to pay for certain services in arrears, and other services in advance.
	(c) Monthly account
		(i)There is a monthly billing period for services you elect to pay in arrears. We send you a bill every month. Monthly charges are for the month to come. Call charges are for the month just passed and any earlier time if not previously charged for). (ii) You must pay your bill by the date set out on it. If you don't we can stop you using services and charge interest on what you owe at 2% above the base rate of HSBC Bank plc. We will use the base rate in force on the date of the bill and charge interest, on a per annum basis calculated daily, until you pay. If you don't pay a bill by the date set out on it we can terminate this agreement immediately except where
	(a) you have a genuine dispute with us; and
	(b)before the date by which your bill must be paid, we have received from you written notice setting out the details of your dispute, including the amount of your claim against us and the amount you intend to withhold. If the amount you intend to withhold is less than the total amount you owe us then you must pay the difference by the date set out on the bill. If you do not then we can terminate this agreement immediately. These rights are in addition to any other legal rights we may have against you.
	(d) Prepaid account
		(i) You may be able to pay for some services in advance. We will apply credits to your pre paid account, and deduct charges from the credits for those services you choose to pay for using this account.
		(ii) We reserve the right to use credit balances from your pre paid account to offset any amount you may owe us for services you pay in arrears. Pre paid balances will only be applied against your monthly account where your monthly account is put into suspension for non payment, or in accordance with 4(j)(ii).
		(iii) As charges are incurred they will be deducted from amounts credited against your pre paid account. Call charges are deducted at the time a call is made. If you have selected additional services with a periodic service charge, the charge will be deducted at the time(s) and for the period(s) set out in our booklets of charges. You are responsible for all charges correctly deducted in accordance with this clause.
		(iv) If at the time we attempt to deduct periodic service charge(s) for services you have chosen to pay for in advance, and you do not have enough credit on your pre paid account to pay for the whole of the service charge, you will continue to able to use that element of the service, but your charges may vary for the service. We will endeavour to inform you where your periodic service charge fails.
		(v) When all credits on your prepaid account have been used you will not be able to make further use of those services which you have chosen to pay for as you go until a further credit is made to your prepaid account. You will still be able to use those services for which unused allowances apply. You will also be able to make calls to the emergency services and to us whilst your SIM is connected to the network. You may receive calls and text messages (except for any reverse billed services) whilst your SIM is connected to the network.
	(e) You are responsible for all charges applied to your accounts except call charges applied after you told Customer Services your SIM card was lost or stolen (see 2(d)(i)).
	(f) We can change these conditions if new laws or rules make it necessary. We will write to you straight away if we do.
	(g) We can change these conditions for any good reason, for instance, if we want all customers on the same conditions. We can change charges or change or withdraw your price plan (see 2(c)(iii)). We will write to you 30 days before we do. If we change conditions we will tell you why.
	(h) We can change payment terms for any good reason, for instance, if you do not pay a bill by the date set out on it. We may not be able to tell you before we do.
	(i) We can require a deposit (or an extra deposit) as security for the charges if we have a good reason, for example, if we raise your credit limit. We can keep the deposit until the agreement ends. We will return it when you pay us everything you owe. We can use your deposit to pay what you owe except where
		(i) you have a genuine dispute with us; and
		(ii) before the date by which your bill must be paid, we have received from you written notice setting out the details of your dispute, including the amount of your claim against us and the amount you intend to withhold and that you do not want us to use your deposit to pay the amount you intend to withhold. If the amount you intend to withhold is less than the total amount you owe us then you must pay the difference by the date set out on the bill. If you do not then we can use your deposit or any credit that you have in your pre paid account to pay the difference. We will not pay interest on deposits.
5	Liability
	(a) We are only liable to you as set out in this agreement. We have no other duty or liability to you.
	(b) Nothing in this agreement removes or limits our liability for death or personal injury caused by something we have done or failed to do.
	(c) Except as set out in 5(a) and 5(b), our total liability to you for something we or anyone who works for us does or does not do will be limited to £3,000 for each SIM card for one incident or £6,000 for each SIM card for a number of incidents within any 12 month period.
	(d) If you did not enter this agreement as a consumer, we are not liable to you in any way for any loss of income; business; anticipated savings or profits; any loss of property or loss of use of property; or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement.
	(e) If you entered this agreement as a consumer, we are not liable to you in any way for any loss of income; business or profits; or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement.
	(f) You must tell us about any claim as soon as reasonably possible.
	(g) We will not be liable to you if we cannot carry out our duties or provide services because of something beyond our control.
	(h) Section 5 will apply even after this agreement has ended.
6	When we may suspend or disconnect the services
	(a) We may suspend the services or terminate this agreement and disconnect any SIM card(s) from the network without warning if:
		(i) the network breaks down or needs maintenance. We will try to make sure this does not happen often; or
		(ii) you or anyone who uses your SIM card does not keep to the conditions of this agreement or any other agreement with us; or
		(iii) you or anyone who uses your SIM card damages the network or puts the network at risk, or abuses or threatens our staff; or
		(iv) you refuse to give us a deposit.
	(b) We may suspend services if your credit limit is exceeded. We will not charge you to reinstate services following suspension alone.
	(c) You are liable for charges during suspension or disconnection unless we decide otherwise. We would not make you pay monthly charges or other recurring charges if there was a severe disruption to the network or where the network completely broke down.
	(d) We can charge to reconnect you to the services except where something in 6(a)(i) happened. We can change your payment terms as a condition of reconnection.
7	When the Agreement ends
	(a) You can cancel this agreement by notifying Customer Services you want to terminate. If you are cancelling because we have increased a charge above RPI (see 2(c)(iii)), your agreement will terminate immediately. We will refund credit on your prepaid account if before the increase occurs you have written to us requesting that we disconnect your SIM, and refund credit on your prepaid account at the time of disconnection. Otherwise, whether you are within the minimum agreement period or outside it, your agreement will terminate one calendar month from receipt of that notice. You will be responsible for all charges including the monthly charges up to and including the date of termination. You are free to restore your agreement throughout the notice period.
	(b) We will not refund prepaid credit in any circumstances except as set out in 7(a) above.
	(c) We can cancel this agreement immediately by writing to you if any of the following happen:
		(i) you break an important condition of this agreement or a number of less important conditions;
		(ii) you break a less important condition of this agreement and do not put it right within 7 days of us asking you to;
		(iii) you are unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986); you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition, receiving order or administration order against you to make you bankrupt; you are a limited company and a resolution to wind you up is passed or a receiver or administrator is appointed over all or part of your assets (otherwise than for a solvent reconstruction or amalgamation). We can also cancel this agreement if we think any of these things or something similar may happen;
		(iv) any licence to run the network is ended;
		(v) any information you give to us is not true at the time you give it.
	(d) You must pay everything you owe us if the agreement is cancelled. If we cancel the agreement for a reason set out in 7b(i), (ii), (iii) or (v), you must pay everything you owe us including a cancellation charge for any SIM card still within its minimum period (see 2 (c)(i) and (ii)). If we cancel this agreement for a reason set out in 7(b)(iv), you must pay everything you owe us but you will not have to pay a cancellation charge.
8	Internet Access
	If you have a mobile phone which enables access to the internet the following terms and conditions also apply to you:
	(a) Either ourselves or our contractual partners may provide links to other web sites or resources. We do not endorse, nor do we make any warranty as to the accuracy, completeness, reliability or continuous supply of the content contained on any third party sites or resources accessed via the services.
	(b) All content made available on the internet (directly or indirectly) through using the services, whether publicly posted or privately transmitted, is the sole responsibility of the party from which such information originated. You are entirely responsible for all information uploaded, e-mailed or otherwise transmitted via internet access.
	(c) We will not be responsible for any loss or damage you may suffer from any dealings with third parties. Any dealings with products or services provided by third parties which are located by using our services or via our web site, are solely between you and that third party, unless we specifically state otherwise.
	(d) Your ability to access a secure internet environment will be dependent on your phone and the third party supplier of content.
9.	General
	(a) You may not transfer or try to transfer any of your rights and responsibilities under this agreement. We may transfer any of ours without your permission, provided the level of service you currently experience is not reduced as a result.
	(b) We can record any conversations between you and our staff.
	(c) We will send all bills and notices to your billing address. You must call Customer Services straightaway about any change in that address. Notices from you to us must be sent to: Customer Relations, T-Mobile, Hatfield Business Park, Hertfordshire, AL10 9BW.
	(d) Any concession or extra time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this agreement in any other way.
	(e) This agreement shall not confer any benefit on a third party under The Contracts (Rights of Third Parties) Act 1999.
	(f) English law will apply to this agreement and any disputes will be settled in the Courts of England and Wales, Scotland or Northern Ireland (as applicable). You may be able to take your disputes to arbitration under our 'code of practice for consumer affairs'. We will give you a copy if you ask for it.
	(g) If a clause or condition of this agreement is not legally effective, the remainder of this agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
	(h) Unless you object we may use information about you to tell you of products and services that might be of interest.
How we use your personal information
	In order that we can supply you with telephone services, T-Mobile may share some of the information we hold about you with other members of the Deutsche Telecom Group (our parent company) and other companies which we have a business relationship. If we have to send your details to countries without proper data protection laws, we remain responsible for keeping this information secure. We will only share them if permitted by law.
	Unless you object, we may use information you give us to provide you with information about goods and services offered by us and other organisations with which we have a business relationship. We or they may contact you by email, telephone or other on-line or interactive media. If you would prefer not to receive such information, simply let us know at any time and we will stop sending it to you.
	If you have a T-Mobile phone we hold your account information. As you use your mobile phone, some records are kept for statistical purposes. This data helps us understand and serve our customers better and improve our telephone network. To ensure security for you and our staff and to help maintain service quality, some calls are monitored.
	Your personal details are not held indefinitely, but are destroyed after a period of time. Some information will be held after you have closed your account with us.
Credit and Fraud Checks
	If you apply for credit, we will register and check your details with credit reference agencies to help us make credit decisions about you. We will also check your details with a fraud prevention agency. If you give us false information which leads us to suspect fraud we will record this.
	We and other organisations may use and search these records to:
	Make decisions about credit, and credit related services, for you and members of your household;
	Make decisions on motor, household, credit, life and other insurance proposals and claims, for you and members of your household;
	Trace debtors, recover debt, prevent fraud and to manage your accounts or insurance policies; and
	Check your identity to prevent money laundering, in the event that you do not provide other satisfactory identification.
	These agencies will also use the records for statistical analysis about credit, insurance and fraud.
Changes to our privacy policy
	If we decide to change our privacy policy we will publish the changes on our website so you are always aware of the way we collect, use and disclose information.
Access to your Information
	If you want, you can always access your personal information. Just make a written request clearly identifying yourself and the information you require. We'll charge you £10 to cover the cost of supplying the information. If we hold any inaccurate information about you we will correct it.
Our address is:
	T-Mobile, Hatfield Business Park, Hertfordshire, AL10 9BW.

Virgin Mobile Terms and Conditions

Duncan Elliott — 2008-02-27

Terms & Conditions for the Virgin Mobile Pay Monthly Contract service

1. Definitions
These words have the following meanings
1.a In this Agreement:
"This agreement" means these terms and conditions (including any front sheet to which they are attached) and our charges from time to time, details of which are available on the CPW & Virgin Mobile websites; "bundles" means a monthly allowance of texts, minutes, picture messages or other bundle, available to you after the end of the Term as described in conditions 2(d) and 10;
"CPW" means such member (or members) of The Carphone Warehouse Group plc (registered number 3253714) group of companies, each of 1 Portal Way, London, W3 6RS as is, for the time being, performing certain functions on our behalf under this agreement;
"Network" is the telephone system, which provides our services;
"Pay As You Go by Direct Debit" refers to you paying charges in arrears by direct debit after using our pre-pay services;
"SIM card" means the card used with a mobile phone to access our services;
"Term" means the initial term as shown on the front sheet of this agreement starting on the date we make available our services to you;
"VirginBites" means our tailored information and other 'VirginBites' services (which we may re-name from time to time) which may include you asking us to send you text messages;
"we" or "us" means Virgin Mobile Telecoms Limited (registered number 3707664) whose registered office is at Willow Grove House, White Horse Business Park, Trowbridge BA14 0TQ;
"you" means the customer named in this agreement.
2. Our agreement
2.(a) This agreement will continue for the Term and thereafter. It can be cancelled (subject to the provisions of condition 8) by you or us giving one calendar month's written notice to the other at any time, or otherwise as provided in condition 8. Additionally, after the Term you may notify us at any time that you do not wish to receive mobile telecoms services from us in the form of bundles, under conditions 2(d) and 10.
2.(b) You are deemed to accept these conditions when you place your order for the services, sign this agreement, receive your mobile phone and SIM card, credit your account with us or first use our services, whichever happens first. However, our obligations under this agreement will start when we accept your request for our services by provisioning your first monthly allowance under condition 2(c), and such provisioning will be subject to a UK credit check, your confirmation you are 18 or over and a maximum "per customer" number of monthly allowances. If we reject your request but you incur charges, we can recover such charges from you.
2.(c) Subject to earlier cancellation of this agreement under condition 8, during the Term we will provide a monthly allowance of voice calls (or other agreed services). Details of the voice calls (or other agreed services) available within your monthly allowance are set out on the front sheet of this agreement and in condition 2(h). You may not change to a different monthly allowance during the Term. Voice calls (or other agreed services) within a monthly allowance may be carried over to the next month (but not any month after that) provided that you are provisioned with a monthly allowance (or after the Term, a bundle allowance) for that next month. All usage outside of or in excess of your monthly allowance will be subject to additional call charges under our standard pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our service guide you received with your SIM card or on our website.
2.(d) Unless this agreement has been cancelled earlier under condition 8, at the end of the Term we will automatically provision you for bundles under the terms of condition 10. As a minimum, we will text you before the end of the Term to remind you of this. You can notify us at any time up to 48 hours before the end of the Term, either through our website, calling 789 or by texting "CANCEL" to 789789, if you do not wish to receive mobile telecoms services from us in the form of bundles (in which case you will be provisioned to receive our mobile telecoms service on our standard pre-pay Pay As You Go by Direct Debit tariff).
2.(e) We will open an account for your SIM card. We will apply charges (being the charges for our services that you use) to your account. You will be responsible for paying all charges on your account, whether or not they have been accrued by you personally.
2.(f) We will connect you to our services as soon as we can. You agree that the services may start immediately following you placing your order for the services and in any event before the end of the Trial Period.
2.(f)(i) If your SIM card is lost, stolen or damaged, call the Virgin Mobile Customer Service Centre for a new one. We may charge you for replacement. You will be required to pay for all call charges up to the time you notify us that your SIM card is lost or stolen. You will be liable for the monthly (or other periodic) charges for each month until the end of the Term.
2.(f)(ii) We own the SIM cards. You can only use a SIM card to use our services.
2.(g) Credit Limit - we may set monthly credit limits for charges. We may (but do not have to) stop you using some or all of our services if you go over a credit limit. You should not use a credit limit for budgeting because the amount you owe is not capped or limited by any credit limit we set.
2.(h) The voice calls available within your monthly allowance described in condition 2(c) are: all calls to UK fixed lines, calls to Virgin Mobile or other UK mobile networks, calls to Group Call, 0800 numbers and Pagers, Call Return and Standard WAP. All calls are charged by the second, rounded up to the nearest second.
3 Provision of Service:
3.(a) We will try to always make our services available to you, but sometimes they may be affected by things we cannot control, for example, the weather, interruptions to services from our suppliers and faults in other telephone networks. We may suspend certain services but will endeavour to give as much notice as practical.
3.(b) The services are made available provided:
	(i) they are not used for anything illegal, immoral or improper;
	(ii) they are not used to make offensive or nuisance calls or to make or receive reverse charge calls;
	(iii) they are only used with equipment and SIM cards approved for use with the Network (and which have not been lost or stolen) and all relevant laws and rules are followed;
	(iv) you give us information we reasonably ask for and you do not give us any false information;
	(v) all reasonable instructions we give you are followed;
	(vi) the person attempting to use the services is in range of base stations forming part of the Network.
3.(c) Certain services are available in countries where there is a roaming arrangement for the Network, but these services may only be available to you if you pay charges by a particular method. Please see our service guide for details.
3.(d) We may need to change or withdraw all or any part of the monthly allowances provided to you under condition 2(c) as a result of changes made by our suppliers, if the allowances are uneconomical, technically impractical, unfeasible or otherwise not fulfilling their purpose to you or us. If we do, we will give you as much notice as we reasonably can. In this situation if any such change or withdrawal by us is to your disadvantage and if you do not wish to accept any alternatives or replacements we may offer, you may cancel this agreement under condition 8(c)(v).
3.(e) Our 28-day Customer Satisfaction Guarantee and 12 month warranty will not be available to you in respect of the services under this agreement. CPW will make available to you as agents on our behalf their warranties and replacements, refund and exchange policy as detailed in CPW's Returns Policy leaflet (or such replacement policy from time to time). You should check direct with the CPW store where you bought your mobile phone if you wish to return your mobile phone under any of these policies. If you return your mobile phone and SIM card under any of CPW's policies you will be charged for all calls or other of our services used by you outside of your monthly allowance of voice calls (or other agreed services).
4 VirginBites
4.(a) Parts of our VirginBites are currently only available to correctly registered and approved users. You confirm that the details you give us to register are accurate and complete. You must tell us immediately if there are any changes.
4.(b) We will use our reasonable endeavours to keep the VirginBites free from viruses (or anything else which may damage your phone or information) but we do not guarantee this. Use is at your own risk.
4.(c) We will give you notice of changes to charges as set out in condition 5 below. We may need to change or withdraw any element of the VirginBites as a result of changes made by suppliers on which we rely or if a service is (i) uneconomical, technically impractical or unfeasible; or (ii) otherwise not fulfilling its purpose to you or us; and we will not be responsible for interruptions.
4.(d) We do not permit you to be a nuisance or inconvenience to others, including by sending unsolicited emails or text messages. If you do, you may be liable to civil or criminal legal action.
4.(e) You will only use VirginBites acting as a consumer and must not exploit commercially any site or content. You must not resell or rent VirginBites or access to it.
4.(f) You must not:
	(i) use VirginBites to transmit any material which breaches any intellectual property right or which contains viruses;
	(ii) disrupt or damage VirginBites, any other associated service or website;
	(iii) circumvent the time-out function (to help you stay connected only when you are using VirginBites); or
	(iv) circumvent any security or other safeguards.
4.(g) You acknowledge that content in VirginBites may be protected by copyright or other rights and laws. You must comply with all applicable laws and regulations.
4.(h) We do not control all of the content of text messages which you may receive as part of VirginBites. Therefore we have no responsibility or liability for this content.
4.(i) You will reimburse us for any loss, cost, damage or claim arising from your misuse of VirginBites or breach of this condition 4.
4.(j) We may not permit certain friendly names, and friendly names that are already in use, at our discretion. If this happens, we will give you a different name. If you don't like it, you can suggest another name.
4.(k) We may provide your personal information to other companies to enable us to provide you with the registered VirginBites service. You should be aware that companies outside the European Union may have a lower standard of protection for personal information than that provided by the Data Protection Act 1998. We will however seek to have your data processed outside the European Union in accordance with English law.
4.(l) VirginBites is provided by us and therefore CPW will have no liability in respect of the VirginBites service.
5 Payment and Related Terms
5.(a) You will pay a monthly charge, in advance (or in arrears if we advise), for each month during the Term whether or not you use your SIM card or mobile phone. This charge is in respect of the Pay Monthly Contract service including your monthly allowance of voice calls (or other agreed services) described in condition 2(c). After the end of the Term you will be provisioned for bundles under condition 2(d) and charged under condition 10.
5.(b) You will also pay call charges, monthly in arrears, for voice calls (or other agreed services) in excess of, and for any services outside of, your monthly allowance described in condition 2(c).
5.(c)The amount of your monthly charge, as described in condition 5(a), is set out on the front of this agreement. Your call charges, as described in condition 5(b), will be charged at our standard pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our service guide you received with your SIM card or our website. If you did not receive a copy of the service guide, please contact the Virgin Mobile Customer Services Centre on 789 or visit our website to obtain a copy.
5.(d) We may change our call and/ or monthly (or other periodic) charges or introduce new charges. We will give notice by mail, text message, a recorded message on the Virgin Mobile Customer Service Centre number or by some other means, before any such change to the charges applicable under this agreement takes effect. We will give at least 14 days notice of any increase to the charges or introduction of new charges applicable under this agreement. If you do not accept the changes you can cancel this agreement as set out in condition 8(c)(vi) below. Any continued use of our services after the date of the change or introduction will be deemed acceptance by you of the relevant change or introduction.
5.(e) If included in the services agreed to be provided to you (as stated on the front of this agreement), a regular itemised statement of your account will be prepared and sent to you. Otherwise we will advise you of the total amount of charges you owe us.
5.(f) We, or any third party on our behalf as we advise, will send you a bill every month for our services used outside of your monthly allowance or bundles allowance in the month that has just passed, for any services used outside of your monthly allowance or bundles allowance at any earlier time if they have not previously been charged for, and for the next month's monthly charge or, if applicable, bundles charge. We can change the billing period.
5.(g) You must pay all charges by direct debit within 14 days of the date of your bill. If charges are not paid by direct debit for any reason within this time, we can stop you using some or all of our services and charge you interest on what you owe at 2% above the base rate of the Royal Bank of Scotland. We will use the base rate that was in force on the date of the bill and we can charge you interest until you pay. You agree that if you do not pay a bill on time, we can say that you have broken this agreement and we can cancel this agreement immediately. All these rights are in addition to any other legal rights we may have against you, which we may also rely upon.
6 Liability:
6.(a) We are only liable to you as set out in this agreement. We have no other duty or liability to you.
6.(b)Nothing in this agreement removes or limits our liability for death or personal injury caused by our negligence.
6.(c) Except as set out in condition 6(b), our entire liability to you for something we or anyone who works for us does or does not do will be limited to £3,000 for one incident, or £6,000 for a number of incidents within any 12 month period.
6.(d) We are not liable to you in any way for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement. We or CPW are not liable to you in respect of any products or services you order from other companies (including other Virgin companies) using your mobile phone.
6.(e) If you have a mobile phone which gives you access to the Internet, you may be able to access web sites and material which we or CPW do not control. Therefore we and CPW have no responsibility for these sites or their content, or for any services which you obtain through the Internet. Also you, and not us or CPW, are responsible for all information that you upload, email or transmit via the Internet. You must tell us about any claim as soon as reasonably possible.
6.(f)We will not be liable to you if we cannot carry out our duties or provide our services because of something beyond our control.
6.(g) CPW will have no liability in respect of any of the services provided to you by us.
6.(h)This section 6 will apply even after this agreement has ended. If you are a consumer, the terms of this agreement will not affect any rights you have under any statute and which cannot be excluded by the terms of this agreement.
7 When we may suspend or disconnect our services:
7.(a) We may suspend our services or disconnect any SIM card(s) from the Network without warning if
(i) the Network breaks down or needs maintenance. We will try to make sure this does not happen often;
(ii) you do not, or someone who uses your SIM card does not, keep to the conditions of this agreement, or any other agreement with us; (iii) you or anyone who uses your SIM card damages the Network or puts it at risk, or abuses or threatens our staff; (iv) we are required to comply with an order, instruction or request of any government body, any emergency service organisation, or any other person or organisation with the appropriate authority; (v) you choose not to make a call or send a text message for 180 days or more; (vi) you notify us that your SIM card has been lost or stolen (see condition 2(f)(i); or (vii) you exceed any credit limit we set for you under condition 2(g).
7.(b) Where we suspend our services or disconnect any SIM card(s) from the Network this agreement does not come to an end (unless we also cancel this agreement under condition 8(b)(v)). You are still liable for all monthly (or other periodic) charges or, if applicable, bundles charges due during any period of suspension or disconnection (except where suspension is due to the reasons set out in condition 7(a)(i) - we would credit you an appropriate part of monthly charges paid in respect of a period of ongoing severe disruption to the Network).
7.(c) We can charge you the reasonable costs incurred by us for reconnecting you to our services, except where something in condition 7(a)(i) happens.
8 When the agreement ends
8.(a) Either of us can cancel this agreement at any time by giving the other one calendar month's written notice.
8.(b)We can cancel this agreement immediately if any of the following happens:
	(i) you break an important condition of this agreement or a number of less important conditions;
	(ii) you break a less important condition of this agreement and do not put it right within 7 days of us asking you to;
	(iii) you do not pay a bill on time as described in condition 5(g) or you become bankrupt or make any arrangement with your creditors;
	(iv) the Network owner no longer makes the Network available to us;
	(v) your service has been suspended or disconnected under condition 7(a)(ii), (iii), (iv), (v) or (vii); or
	(vi) any of the provisos for use of our services set out in conditions 3(b)(i), (ii), (iii), (iv) and (v) are not complied with.
8.(c) You can cancel this agreement immediately if:
	(i) we break an important condition of this agreement or a number of less important conditions;
	(ii) we break a less important condition of this agreement and do not put it right within 7 days of you asking us to;
	(iii) all of the services are permanently no longer available to you;
	(iv) we change the terms of this agreement to your significant disadvantage;
	(v) we change or withdraw all or any part of your monthly allowances in line with condition 3(d) to your disadvantage;
	(vi) we increase your monthly allowance (or other periodic) charges, or our call or other usage charges applicable under this agreement, or introduce new charge applicable under this agreement, in each case under condition 5(d) and you write to us to cancel this agreement before the increase or introduction takes effect. However your right to cancel under condition 8(c) does not apply if: (a) in respect of condition 8(c)(vi), we have increased our monthly allowance (or other periodic) charges by an amount equal to or less than the percentage increase in the previous 12 month period in the All Items Index of Retail Prices (or successor index) published by the Central Statistical Office in the Monthly Digest of Statistics (" 12 month RPI percentage increase"), or we have increased our call or other usage charges which has the effect of increasing your likely call or other usage charges over a 12 month period (based upon your previous 12 months' call charges and usage pattern) by the 12 month RPI percentage increase or less; or (b) in respect of any of the events allowing you rights to cancel under conditions 8(c)(iv), (v) or (vi) ("Termination Event"), the Termination Event has been imposed on us as a direct result of new legislation, statutory instrument or government regulation, or the Termination Event relates solely to an additional service, in which case you may cancel such additional service by giving us not less than 10 days' notice in writing to that effect.
8.(d) If this agreement is cancelled your SIM card will be disconnected, you will lose your mobile number and you will not be able to use our services at all.
8.(e) On cancellation of this agreement, you must pay within 14 days (i) unless you have cancelled this agreement under condition 8(c) or we have cancelled this agreement under condition 8(b)(iv), monthly charges owed for each month through to the end of the Term; and (ii) all unpaid call and other charges owing on your account.
9 General
9.(a) We can change or add to these terms and conditions if:
	(i) new laws or rules make it necessary;
	(ii) for security or regulatory reasons;
	(iii) if the changes or additions are minor and do not affect you significantly; or
	(iv) if at some future time we wish to have all our customers on the same terms and conditions for services If we do this, we will notify you by mail, text message to your mobile phone, a recorded message on our Virgin Mobile Customer Service Centre number or by some other means. We will give you at least 14 days notice, unless new laws or rules do not allow us enough time to do this. Any continued use of our services after the date of the change or addition will be deemed acceptance by you of the relevant change or addition.
9.(b)You may not transfer your account or any of your rights and responsibilities under this agreement. We may transfer any of ours without your permission provided that neither the level of service you currently experience nor your rights under this agreement are reduced as a result.
9.(c) In exceptional circumstances, Ofcom may order the reallocation or change of mobile phone numbers, in which case we may have to change your Virgin Mobile number.
9.(d) We can record or monitor any conversations about your account or our services to assist us to improve the quality of our service.
9.(e) You must call the Virgin Mobile Customer Service Centre straight away about any change in the address supplied to us. We will send mailed notices to the most recent address supplied to us.
9.(f) Any concession or extra time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this agreement in any other way.
9.(g) English law will apply to this agreement and any disputes will be settled in the courts of England.
9.(h) If a clause or condition of this agreement is not legally effective, the remainder of this agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
9.(i) This agreement does not confer any benefit on any third party under The Contracts (Rights of Third Parties) Act 1999.
9.(j) We or CPW may use credit reference agencies to help us or CPW make credit decisions or for fraud protection. You agree that we or CPW may register information about you and the conduct of your account with any credit reference agency. For the purpose of fraud prevention, debt collection, credit management and emergency services purposes, information about you and the conduct of your account may be disclosed to debt collection agencies, security agencies, financial institutions, emergency services organisations or other phone companies. We or CPW may also pass your details to third parties in the event we sell our business, in order that you continue to receive a mobile phone service.
9.(k) We and CPW may hold a number of items of personal data about you which you provide to us or CPW. This information, and information about how you use your mobile phone, is used by us, CPW and our contractors to provide our services to you and for research purposes. From time to time we or CPW may use your details to send you information on special offers, including material about other carefully selected companies, or for market research purposes, by sending text messages to your mobile phone, or by other means subject to the preferences you have indicated to us. By accepting these terms and conditions you agree to that use, but you can stop us, or those other companies, sending you this information at any time by completing and returning to us the appropriate part of the registration card included in your joining pack, or by calling us on 0845 6000 789 (or 789 from a Virgin Mobile phone), or writing to Virgin Mobile, The Team, PO Box 2692, Trowbridge BA14 0WX. You can stop CPW sending you this information at any time by writing to the The Data Protection Officer, CPW, 1 Portal Way,London W3 6RS.
9.(l) Any airtime bought or used pursuant to this agreement will not count towards free airtime you can earn under any of our other services or customer offerings.
9.(m) If you have a problem or complaint ring 789 or see our service guide for our contact details. To give extra peace of mind, we have joined OTELO, an independent body set up to help resolve any problems with your service. For more information, please visit otelo.org.uk.
9.(n) Failure by a party to enforce rights under this agreement shall not prevent that party from taking further action.
10 Bundles
10.(a) Unless this agreement has been cancelled earlier under condition 8, at the end of the Term we will automatically provision you for bundles under the terms of condition 10. You can let us know you don't want to receive bundles, in the ways set out in condition 2(d). We will provision you for the bundle that most closely resembles your monthly allowance of voice calls during the Term, as set out on the front sheet of this agreement (but we will not provision you for a bundle that costs more than your monthly charge during the Term, as set out on the front sheet of this agreement, unless you request otherwise). See our and CPW's websites for details of the allowances and prices of our various bundles from time to time.
10.(b) Duration & Termination: Provided you have sufficient credit, a bundle will automatically be renewed at the end of each month for a further month. You may notify us you don't want to receive a bundle for the following month at any time up to 48 hours before it is renewed, either through our website, calling 789 or by texting "CANCEL" to 789789. If you do, your bundle will end on its renewal date and you will be provisioned to receive our mobile telecoms services on our standard pre-pay Pay As You Go by Direct Debit tariff.
10.(c) Carry over: If your bundle is renewed on, or changed to a different bundle (any type, any size) by, its renewal date, any unused allowance in your existing bundle will carry over to the next month (but not any month after that). If you do not renew or change to a different bundle by its renewal date you will not be able to use any unused allowance.
10.(d) Payment: The price of your bundle will be added to your monthly bill on the first purchase and each renewal date. If you do not have enough credit available for your renewed or changed bundle on the renewal date we will make three further attempts to add the amount to your monthly bill on the following three days. If we are still unable to add the amount to your monthly bill your bundle will end and you will lose any unused allowance.
10.(e) Any voice call, text, picture message or other use of airtime outside of or in excess of your monthly bundles allowance will be subject to additional call charges under our standard pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our service guide you received with your SIM card or on our website.
10.(f) We may need to change or withdraw all or any part of the bundles service as a result of changes made by our suppliers, if the bundles service is uneconomical, technically impractical, unfeasible or otherwise not fulfilling its purpose to you or us. If we do, we will give you as much notice as we reasonably can. If we need to change a bundle to your disadvantage and you do not wish to change to an alternative bundle on your renewal date we will refund you any airtime that would have carried over if you could have renewed your bundle, provided you inform us on 789 within 90 days of the date of the change or withdrawal.
10.(g) You may only have one bundle per Virgin Mobile number at anytime. Subject to carry over, each bundle lasts for one month, even if you use it all sooner, or until it is cancelled or terminated. Bundles are non-transferable and cannot be exchanged for cash. If you or the mobile number to which a bundle is applied is suspended or disconnected you will immediately lose the benefit of your bundle and any carry over on disconnection or whilst the mobile number remains suspended. In such situations no refund of any unused elements of your bundle, including carry over, is available but this does not affect your legal rights as a consumer.

Vodafone Terms and Conditions

Duncan Elliott — 2008-02-27