Pay as you go Terms & Conditions

TERMS & CONDITIONS

for the supply of Orange Pay as you go Services

1. Definitions

The following words and expressions shall have the following meanings:

Accessories: goods designed for use with but not part of Phones and approved by Orange, including (without limitation) batteries, chargers, car kits, headsets and carry cases.
Charges: the charges for Pay as you go as published in our periodically updated list of charges (defined herein as "Price Guide")
Connection: the process we carry out to enable your phone to access the Services. 'Disconnection' and 'Re-connection' have a corresponding meaning
Customer Literature: printed matter providing information on Services published by Orange and distributed with new Phones or in mailings to Customers, whether or not supplied automatically to all Customers.
Pay as you go Voucher: a voucher representing the cash value of airtime allowing access to the Services which must be paid for in advance which expression includes airtime purchased direct from Orange by credit or debit card
Network: the public telecommunications system by which Orange makes Services available in the United Kingdom
Orange: Orange Personal Communications Services Limited, and any successor in business or assignee
Phone: mobile telephone (excluding Accessories but including charging unit and SIM) approved by Orange for connection to its Network
Price Guide: publication listing our current Charges, updated from time to time
Registration: our acceptance of your application to register individual Pay as you go Voucher, Register has a corresponding meaning
Services: Network and other services, provided by us and made available for your use
SIM: card or other device bearing a unique telephone number programmed to allow a Phone to access Network Services
Suspension: the temporary discontinuance of Services
User: you or another person notified by you to us as authorised to use your Phone

2. Provision of Services

2.1. We will use reasonable efforts to make the Services available to you at all times. The Services are available only within the range of base stations which form the Network. Quality and availability of the Services may be affected by factors outside our control such as local physical obstructions, atmospheric conditions and other causes of radio interference or faults in other telecommunication networks to which the Network is connected.

2.2. The Network and the Services may from time to time require upgrading, modification, maintenance and other works (including but not limited to works required for security reasons), or may be affected by unforeseen events which may result in the partial or complete non availability of the Services. We will use all reasonable efforts to provide back-up Services and to keep all such periods of non availability to a minimum but some interruption may be inevitable. You Register in the knowledge of this and accept our obligation to carry out works from time to time in the interests of all our customers.

2.3. We may from time to time tape conversations between you and our customer services for training purposes only. 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.

2.4. We may Suspend the Services in whole or part at any time without notice if we have good reason to believe you haven't complied with one or more of these terms and conditions or if any money owed by you to us whether in relation to Services or not remains unpaid.

2.5. We shall investigate all complaints made whether by or against you and reserve the right to Suspend the Services if a complaint has been made against you pending the results of investigation of the complaint.

3. Pay as you go Vouchers

3.1. Free airtime given to the customer on initial registration of their new Pay as you go phone (if any) shall be valid for the periods set out in the Price Guide and/or Customer Literature current as at the date of Registration.

3.2. In the event that the cash value of airtime forming part of free airtime given to a Customer in accordance with 3.1 above is not used within the relevant validity period stated in Condition 3.1 such unused airtime will be forfeited.

3.3. Notwithstanding that you use all of a Pay as you go Voucher or that the free airtime given to a Customer in accordance with 3.1 above expires your Phone will continue to be capable of receiving incoming calls for the periods set out in the Price Guide and/or Customer Literature current as at the date of expiry.

3.4. We will disconnect your phone if during the previous six months, you have not Registered a new Pay as you go Voucher or you have not made chargeable calls from your phone or received incoming calls on your phone. For the avoidance of doubt calls shall include but not be limited to voice calls, data calls and text messaging. On disconnection your mobile telephone number will be reassigned . On re-connection you will be assigned a new mobile telephone number. Any remaining credit on your Pay as you go voucher will be reinstated if you reconnect. You can reconnect your phone without having credit on your Pay as you go voucher.

3.5. No cash credits will be given for unused Pay as you go vouchers. Credit or Debit card payments are subject to our policy on acceptance in force from time to time.

4. Our rights to terminate your services

4.1. We may Disconnect your phone and refuse to Re-connect it at any time in whole or in part immediately by notice in writing to you if:

4.1.1. You fail to comply with any of these terms and conditions provided that where such failure is capable of remedy you have not taken such remedial steps as we shall have required within 7 days of our giving you notice of such failure; or

4.1.2. For whatever reason we are unable to provide the Services.

5. Your responsibilities

5.1. Recognising that good management and security of the Services is important to all Orange customers you agree that you will:-

5.1.1. 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;

5.1.2. not cause, nor knowingly allow others to cause, any nuisance annoyance or inconvenience whether to us or to any of our customers which shall include the use of the Network for the persistent sending of unsolicited communications without reasonable cause;

5.1.3. not act in a way, whether knowingly or otherwise, such that the operation of the Network or any part of the Network will be jeopardised or impaired;

5.1.4. only use a Phone and Accessories approved for use with the Network and comply with all relevant legislation or regulation relating to its use;

5.1.5. 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).

6. Information supplied by you

6.1. By applying for Registration you represent to us that the name, address and other factual information which you provide to us are correct.

6.2. You acknowledge that 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, for the protection of our Customers and the Network, we may delay Connection or Disconnect Services to your Phone while we investigate further. If our suspicions prove groundless we will Connect or Re-connect Services immediately. 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 6.2.

7. SIM card

7.1. 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 any SIM card found to be defective by reason of faulty workmanship or design free of charge but may charge for replacing or renewing a SIM card in any other circumstances. We reserve the right to recall any SIM card from you at any time to enhance or maintain the quality of the Services.

7.2. You must inform us immediately in the event that a SIM card is damaged. We will send you a replacement SIM card as soon as reasonably practicable but we reserve the right to charge you for doing so.

7.3. The software in the SIM 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 and not otherwise.

7.4. The SIM Card supplied with your Phone enables the Phone to work on our Network only. We will lift this restriction at your request, subject to our current policy relating to the same and provided you pay the current administration charge.

8. Directory and Caller ID

8.1. Unless you inform us otherwise when you Register your first Pay as you go Voucher, we may make appropriate directory entries and our Network may allow the display of your telephone number on receiving handsets.

9. Phones

9.1. Your Phone and Accessories are acquired by you outside of the operation of these terms and conditions and, as between you and Orange, are your property.

9.2. Any insurance or warranty relating to your Phone must be purchased by you separately of these terms and conditions. Any insurance or warranty arranged by us of which you may previously have had the benefit will no longer be valid.

9.3. You must inform us immediately in the event that the SIM card or your Phone is lost or stolen. In order to take advantage of the provisions of Condition 9.4 you may inform us if at any time your Phone requires repair.

9.4. Upon receipt of notification under Condition 9.3 we may at your request Suspend Services for a maximum period of 30 days whilst you make arrangements to obtain an alternative phone.

9.5. In the event that you fail to make a request as permitted by Condition 9.4 then any current Pay as you go Voucher will lapse when you report the loss or theft of your Phone or if you do so make a request on the expiry of the 30 day period if you do not during that period request the re-instatement of the Pay as you go Voucher.

10. Changes

10.1. We reserve the right to vary these terms and conditions and the Charges from time to time.

11. Customer Literature

11.1. We update our Customer Literature from time to time. You are asked to read your Customer Literature and to keep it until it is superseded. We regard you as having been properly notified of any information if it is either included in a mailing addressed to you or in a text message sent by us to your Phone. You are asked to ensure that when contacting Orange Customer Services with queries you rely on current Customer Literature.

11.2. Orange cannot accept responsibility for offers related to the provision of its Services made elsewhere than in its own advertisements or publications or for any promises, representations, waivers, indulgences or other purported variations of these terms and conditions unless confirmed in writing by an authorised employee of Orange. If you are in any doubt as to whether any statement or representation is properly authorised you should contact Orange Customer Services immediately.

12. Assignment and Change of Ownership of phone

12.1. For your security, we will not knowingly Re-connect a Phone owned by you to our Network at the request of someone other than you unless it is at least 6 months since you last Registered a Pay as you go Voucher or the person requesting Re-connection is able to correctly identify your account password.

12.2. We may assign our rights and obligations under these terms and conditions only if such assignment is on terms which are at least as advantageous as those set out herein.

13. Liability

13.1. Except as provided in this Condition 13, neither party shall be liable to the other, whether in contract or tort or otherwise, for any loss or damage which is:

13.1.1. not the fault of the other party

13.1.2. indirect and/or not reasonably foreseeable

13.1.3. loss of business, profits, savings, revenue, use or goodwill whether caused to the other party through any breach of your Pay monthly or any matters arising under it. Neither party excludes liability for negligent acts or omissions causing death or personal injury to any person.

13.2. Subject to Condition 13.1, 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:

13.2.1. direct financial loss

13.2.2. direct physical damage to or loss of property resulting from our breach of contract or negligence while providing Services.

13.3. 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.

13.4. Subject to Condition 13.1, your liability is limited to payment of all outstanding Charges due in accordance with the provisions of your Pay monthly.

14. General

14.1. Subject to Condition 10 these terms and conditions may only be varied or amended only by the express mutual agreement of both parties and the party seeking to rely on such variation or amendment must produce evidence of the other party's agreement to it.

14.2. 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:

14.2.1. any information relating to your Pay monthly, including your personal financial information and details of how you have performed in meeting your obligations under your Pay monthly

14.2.2. any disclosure as may be within our Data Protection Act registration

14.2.3. any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority.

14.3. All notices under these terms and conditions will be sent to the address given by you on Registration unless you notify us of a change to this address. Any notice from us to you will be deemed served 48 hours after posting or an earlier proof of delivery.

14.4. All notices to be served in accordance with these terms and conditions must be served by text message, electronic mail or by post or facsimile.

14.5. Any waiver, concession or extra time we may allow you is limited to the specific circumstances in which it was given. It does not affect our rights under these terms and conditions in any other way.

14.6. You may request that certain disputes between you and us are referred to arbitration under our Code of Practice for Consumer Affairs, except for all disputes concerning the operation of Condition 10 of these terms and conditions which shall always be referred to arbitration. We will supply a copy of the Code to you on request.

14.7. 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.

14.8. The operation of these terms and conditions shall be interpreted in accordance with the Laws of England and Wales.