Airtime
Agreement Terms and Conditions
1) Definitions
a) "we" or "us" means the service provider named
on the order form.
b) "you" or "your" means the customer named on the
order form.
c) "mobile device" means your mobile phone or other
equipment used to access the services and the SIM card.
d) "Services" means the basic service providing two-way communication
via the Vodafone Limited ("Vodafone") network and such other
services as made available toyou by us from time to time.
e) "SIM card" means your Subscriber Identity Module,
which enables you to use the Services when used with a GSM and/orGPRS
mobile device.
f) "Term" means an initial minimum period as shown
on the front on this Agreement starting on the date of connection ofyour
mobile device.
2) Duration
This Agreement will continue for the Term and thereafter. It can be
brought to an end by either of us giving 1 calendar month’s written
notice to the other to expire on or any time after the expiry of the
Term.
3) The Services
a) We aim to connect your mobile device to the Services within
5 days of the signature of this Agreement. Usually, however,
we will connect your mobile device on signature of this Agreement.
b) We aim to provide you with the Services at all times, but owing to
the nature of mobile telecommunications, it is
impossible to provide a fault free service and the quality and coverage
of the Services depends partly on your mobile device, partly on the
Vodafone network (as applicable) and partly on other telecommunications
networks to which the Vodafone network (as applicable) is connected.
The Services might be adversely affected by too many peopletrying to
use the network at the same time, physical features such as buildings
and under passes and by atmospheric conditions or other causes of interference
and may fail or require maintenance without notice. As maintenance for
theServices is carried out by Vodafone (as applicable) we do not provide
maintenance services, but if you experience a problem with the Services,
please call us on the number on the order form. Likewise as the quality
of the Services isdependant upon things outside of our control, we do
not provide service quality levels, but, again, if there is a problem
with the Services, please call us on the number on the order form. Any
coverage maps are our best estimate but not aguarantee of service coverage,
which may vary from place to place.
c) If you are connected to the GSM and/or GPRS network then we will
use reasonable efforts to enable you to obtain access to the GSM and/or
GPRS 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 Vodafone (as applicable).
d) When your mobile device 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 device unbarred, then you should contact us on the number on
the order form. We may agree to remove this bar after making creditchecks
and we may ask you to pay a non-interest bearing deposit as security
against any monies you may owe us in the future.
e) In the interest of other users, we must limit the number and duration
of messages that can be left on your voice mail service. Please note
that confidentiality of messages cannot be guaranteed. You must not
record an abusive or obscenegreeting message, or one, which is likely
to cause offence. You may not be able to use the voice mail service
whilst abroad.
f) You must only use a mobile device, which is lawfully approved for
connection. You must not use the Services for anyimproper or unlawful
purpose. You must comply with any instructions we give you about the
Services. You must not reverse the charges on any telephone call or
accept a reverse charged call. These conditions also apply if you loan/giveyour
mobile device to someone else.
g) The Services may be used by you to link into web sites, resources
and/or networks worldwide. We accept no
responsibility for the content, services or otherwise in respect of
these and you agree to conform to the acceptable usepolicies of such
web sites, resources and/or networks.
h) On connection of your mobile device (or at any time later on), we
may set a credit limit on the amount of call charges you may incur during
each calendar month (we call this a "Call Quota"). We shall
give you prior notice, if a change is made by us to your Call Quota.
If you wish to vary your Call Quota, you should contact us on the number
on the order form. We may agree to vary the Call Quota after making
credit checks and we may ask you to pay a non-interest bearing deposit
which we will be able, at any time, to use to pay off any call charges
you owe us. At any time, you may ask for a refund of your deposit but
this may result in us reducing your Call Quota.
i) As our billing system is not updated instantly when you make a call,
you may exceed your Call Quota, but if this happens, you will still
be liable for all call charges.
j) On connection of your mobile device we may ask for a deposit to be
used as security. We will be able, at any time, to use the non-interest
bearing deposit to pay off any charges you owe us.
k) Where there has been a signifacant increase in your call usage
pattern, we may require a deposit to allow continuedservice. We may
suspend your service if a deposit is not paid.
l) If you are a customer with special needs such as for example an elderly
or disabled customer we are able to provide youwith services and products
geared towards such special needs. We also are able to provide you with
information material in a special format (such as Braille, Audio or
Large Print) as required by you. Please contact us to let us know whichformat
you require.
4) Payment
a) You must pay to us the connection fee (a once only payment if applicable),
the monthly (or other periodic) line rental charge (billed in advance
or in arrears as we shall advise), the call charges (billed after the
calls are made) and any othercharges in respect of the Services provided
to you or someone else using your mobile device e.g. charges for the
voicemail service, itemised billing, etc. which will be billed as we
shall advise. You must pay all these fees and charges within 14 days
of the date of any invoice.
b) All our charges for the Services are stated in our tariff guide,
which is available from us upon request. This may change from time to
time and we shall write to you with details of any changes.
c) Please arrange to pay your bill by direct debit. We will consider
accepting payment by other methods but we will then charge you an administration
fee each month.
d) If you owe us any money, which not in dispute and this is not paid
when it should have been paid, we may charge you interest daily on the
unpaid amount at the rate of 2% per annum above the base rate of Barclays
Bank from time to time.
e) VAT (where applicable) will be added to all our charges.
f) We may arrange for invoices to be issued by a third party on our
behalf. Invoices issued by such third party shall be binding on you
and payment of such invoices in full to the third party will be a valid
discharge of your liability to pay suchinvoices under this Agreement.
5) Loss of mobile device
Please insure your mobile device for its replacement value (including
cover against calls made if it is lost or stolen). If you are unfortunate
enough to have your mobile device stolen or if you lose it, please contact
us immediately so that we canprevent further calls being made from it.
You will be required to pay for all call charges up to the time you
notify us and you will be liable for the monthly (or other periodic)
line rental charges thereafter until this Agreement has ended asdescribed
in Clause 2 or Clause 8.
6) Suspension of the Services
We can suspend the provision of the Services without telling you:-
• If we believe your mobile device or the Services is/are being
used in an unauthorised way or for criminal activities;
• If you are in breach of this Agreement (e.g. you fail to pay
any charges when due);
• If we believe you are making calls or sending data which are
a nuisance, abusive, a hoax, menacing or indecent
(including to the operators who deal with enquiries concerning the Services,
or making calls or sending data which isracist, obscene, defamatory,
in breach of confidence, in breach of any intellectual property right
(including copyright) or otherwise objectionable or unlawful, or you
allow others to do these things);
• If your Call Quota is exceeded;
• If we are aware or have reason to believe that this Agreement
has been entered into fraudulently or we are satisfiedthat fraudulent
or improper use of your mobile device number is taking place;
• If you notify us that your mobile device has been lost or stolen;
• If you do anything (or allow anything to be done) which we think
may damage or affect the operation of the networks;
• for reasons outside of our control.
In the above cases this Agreement does not come to an end and you are
still liable for all monthly (or other periodic) linerental charges
due during any period of suspension. Therefore, we recommend that you
privately arrange insurance tocover any monthly (or other periodic)
line rental charges you have to pay. However, if you are unable to use
all of the Services for a continuous period of 3 days because:-
• There is a technical failure of the networks;
• They are being tested, modified or maintained; or
• access is denied to us you will receive a credit against your
monthly (or other periodic) line rental charge. The credit will represent
that part of the monthly (or other periodic) line rental charge for
the period of suspension.
7) Variation of Charges and Terms
a) 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/decrease our charges, we will give you at least 14 days'
prior notice.
b) We reserve the right to make changes to these terms from time to
time and to introduce new terms from time to time if there are changes
to the law, or amendments to Vodafone's/02 terms and conditions (as
applicable) due to changesto the licence under which Vodafone/02 (as
applicable) operates its telecommunications network. We will notify
you of any changes to these terms or new terms introduced.
c) It is unlikely, but we may need to change your voice mail
number, mobile device number or other number from time to time. We will
let you know if this is the case.
8) Ending of this Agreement
a) You may end this Agreement immediately by writing to us if:-
• we do not do what we have to do under this Agreement and do not
put it right within 7 days of being asked in writing to do so;
• all of the Services are permanently no longer available to you;
• we increase the monthly (or other periodic line rental charge
under clause 7a) and such increase (calculated as apercentage) is more
than the increase in the Retail Prices Index Figure ("RPI",
also calculated as a percentage) for theperiod from the month of the
last increase (if any) to the month before we send the notice of the
change in tariffs and you write to us before the increase takes effect.
If we increase the monthly (or other periodic) line rental charge bymore
than the increase in the RPI we will tell you; or
• during the Term
i) we increase in the United Kingdom and under clause 7a, call or other
usage charges which have the effect of
increasing your call or other usage charges by more than 10% or the
increase in RPI calculated as in 8a above (whichever is the greater)
based upon your previous call or usage pattern;
ii) you write to us before the increase takes effect.
b) We may end this Agreement immediately by writing to you if:-
• you do anything (or allow anything to be done) which we think
may damage or affect the operation of the networks or you become bankrupt
or make any arrangement with creditors or go into liquidation or become
subject to anadministration order or a receiver is appointed over any
of your assets;
• you do not do what you have to do under this Agreement (e.g.
you fail to pay any charges) and do not put it right within 7 days of
being asked by us in writing to do so; or
• all of the Services are permanently no longer available to you.
c) When this Agreement comes to an end:-
• your mobile device will be disconnected;
• you will no longer be entitled to use your mobile device number;
• you will have to pay immediately all charges outstanding at disconnection;
• unless you have ended this Agreement under clause 8 a) or in
accordance with Clause 2 you will also have to pay themonthly (or other
periodic) line rental charge for the amount of the Term which is left
to run or if the Term has expired you will have to pay immediately the
monthly (or other periodic) line rental charge for a further calendar
month. If theTerm has not expired and you pay us this money in one lump
sum immediately when this Agreement comes to an end, we will reduce
the amount you have to pay us by 2%. You will be unable to have your
mobile device reconnected untilwe release your electronic serial number;
and
• we will repay any deposit you have given us but only if you do
not owe us any money. No interest will be payable.
9) Liability and Exclusions
a) We will be liable to you if our negligence causes death or
personal injury. In all other circumstances, we will not be liablefor
loss of profits or revenue, loss of use, lost business or missed opportunities,
wasted expenditure or savings you mighthave made. This does not affect
your right to a refund of your monthly (or other periodic) line rental
charge in the circumstances described in clause 6. There may be occasions
when we are unable to provide the Services because ofsomething outside
of our reasonable control. We will not be liable to you if that is the
case.
b) If you are a consumer, the terms of this Agreement will not affect
any rights which you may have under any Act of Parliament and which
cannot be excluded by agreement.
10) Your Information
a) We may hold and process data that you provide to us or that
we may obtain from another source (such as our suppliers, marketing
organisations or credit reference agencies) and through your use of
our products and services. Thisinformation ("Your Information")
may include: your name, address, date of birth, gender, mobile device
and contact telephone numbers, email address, bank and credit/debit
card information, occupation and employment data, lifestyleinformation,
details of how you use our products and services which may include the
numbers you call, the type, date, time, location, duration and cost
of calls, messages or other communications, the addresses you send messages
to (your 'calldata', and information about your browsing activities
when visiting one of our companies’ web, WAP or similar sites,
together with general information about the way you pay and manage your
account. If you are a customer with specialneeds we may hold sensitive
personal data about your health but only for the purposes of providing
you with information, which we offer in a variety of formats and our
special services.
b) We may hold and use Your Information for a number of purposes which
include:-
• to process your applications and orders, and to supply
and manage any services or products requested by you and/or which we
may provide
• to administer and manage your account, to produce billing
and other statements, and to provide customer care related activities
(including the resolution of complaints)
• to carry out marketing and product analysis of Your Information
and to develop and improve, and to tell you about, ourand our group
companies products and services, new developments, special offers, discounts
and awards which we believe may be of personal interest to you. We may
tell you by automated means or otherwise, including by post, telephone,
mobile text message, email, fax, pager and via the world wide web, WAP
and similar means subject to any preferences indicated by you on this
application or subsequently. You can send an SMS to us on 9774 telling
us forexample "Stop SMS", "Stop email" or "Stop
all" or write to us at the address found in clause 10 (i) or call
customer care if you would prefer not to receive marketing information
or if you would like to change your preferences at anytime in the future.
By initialling the front of this Agreement in the Summary section you
approve of this process.
• to contact you about the products and services of carefully
selected third parties which we believe may also be of interest to you,
and allowing you to receive advertising and marketing information from
them but without passingcontrol of Your Information to the third party
concerned. You can write to us at the address (clause 10 i) if you would
prefer not to receive this information or simply call customer care.
• to carry out any activity or disclosure in connection
with a legal, governmental or regulatory requirement on us or inconnection
with legal proceedings, and for the prevention and detection of crime
or fraud and the prosecution of offenders or suspected offenders;
• to carry out activities connected with the running of
our business such as personnel training, quality control, network monitoring,
testing and maintenance of computer and other systems and in connection
with the transfer of any part ofour business in respect of which you
are a customer or a potential customer.
• to carry out credit checks where necessary to help us
decide whether to accept your application or future applications,to
verify your identity and to protect our legitimate interests. This will
involve searching information held about you bylicensed credit reference
agencies who will record details of our search and your application.
We will use a combination of credit scoring and/or automated decision
making systems when assessing your application. We will also pass on
credit ratings to our dealers where this is appropriate.
c) We may disclose details to credit reference agencies or the
Credit Industry Fraud Avoidance System (CIFAS) of youragreement with
us, the payments you make under it, account balances and information
about any default, dispute,queries and debts. We will also disclose
details of any change of address reported to us or of which we become
aware. The information supplied by us and held by credit reference agencies
is used to help make decisions about other creditapplications by you
or other members of your household with whom you are linked financially;
and to trace debtors, recover debts and to prevent and detect fraud.
We may also check and share your details with fraud prevention agencieswho
will record details of any false or inaccurate information provided
by you where we suspect fraud. Records held by Fraud Prevention agencies
will also be used by other organisations to help them make decisions
on motor, household,credit, life and other insurance proposals and insurance
claims, for you and members of your household, and to helpprevent money
laundering where applicable. You can ask us at any time for details
of the credit reference and fraud prevention agencies to which we disclose
and obtain information about you. More information about CIFAS can beobtained
by visiting www.cifas.org.uk .
d) We may enter your name, address and telephone number in a publicly
available directory enquiry service operated by us or by a licensed
third party operator such as BT, but only where you have agreed to this.
We also may pass such data tocompanies that maintain publicly available
printed or electronic directories or World Wide Web based directories.
Please contact us if you do NOT want us to pass on any such directory
data. We may also pass your directory data on to BTor other directory
companies who are required by law to contact you about their use for
purposes other than providing directory services. Please be aware that
it you choose NOT to be in a directory your data will be held on a databasepurely
for the purposes of confirming that you are ex-directory.
e) We may share Your Information with our group companies (i.e.
those companies that Vodafone Group Plc owns or controlsat least 15%
of the issued share capital), some of which are based outside the European
Union, who may use or discloseYour Information for the same purposes.
f) We may also pass Your Information to certain third parties
(some of which may be based outside of the European Union) where this
is necessary or otherwise required or allowed, to:
• those who provide to us or our group companies products
or services that support the services that we provide, suchas our dealers
and suppliers;
• if someone else pays your bill, such as your employer, that person
• agencies and organisations involved in the prevention
or detection of fraud or crime or the apprehension or prosecutionof
offenders, including the operators and participants of crime prevention
schemes in which we participate who may compare Your Information with
information collected from other sources and who may keep a record of
the searcheswe make against your name;
• anyone we transfer our business to in respect of which
you are a customer or a potential customer and they may useand disclose
Your Information for the same purposes as us.
g) If you wish to use our products or services abroad, for example,
if you wish to roam on a network abroad, it may be necessary to transfer
Your Information outside of the European Union to that country. Our
web, WAP and similar sites andthose of our group companies may also
be based on servers located in countries outside of the European Union,
whose laws may not protect you as well as that in countries within the
European Union.
h) You have the right to obtain a copy of the personal information we
may hold about you. Please write to the DataProtection Manager (SAR)
Vodafone Limited, Vodafone House, The Connection, Newbury, Berkshire
RGI4 2FN or send an email to data.protection@vodafone.co.uk .
Please provide proof of your identity, and confirm your telephone number
and account number and briefly describe the information you require.
We may also charge £10 to cover our administrative costs.
i) If you wish to correct any inaccurate or incomplete information,
to tell us of a change of address or to update any marketing preferences
or directory enquiry entries then please write to us at: Customer Services,
Vodafone Limited, PO Box 549, Banbury OX17 3ZJ. You must always quote
your telephone number and account number for security purposes.
j) If you provide Vodafone with any information about any other
individual it is your responsibility to ensure that that other individual
is aware and has agreed to you passing on such information to Vodafone.
11) Miscellaneous
a) We reserve the right to transfer this Agreement to any third party
at any time. You may not transfer this Agreement toanyone else unless
we have agreed in writing beforehand and we shall not unreasonably withhold
such agreement.
b) 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.
c) When you use your mobile device, the identity of your mobile device
number may be sent through the networks so as tobe 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 device number will always be sent if calling
999or 112.
d) 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 suchfacility to be unreasonable.
e) For your own protection, you must keep confidential any lock code(s)
associated with your mobile device, your voice mailaccess number, and
any other personal identification password or security number. When
choosing a password, you mustnot use words that are obscene or likely
to cause offence.
f) We and Vodafone (as appropriate) make every effort to ensure the
security of your communications. You are howeveradvised 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 partynetworks
over which we have no control and although your communications over
the air interface with our systems are encrypted providing a greater
level of protection this cannot be guaranteed. Please also read carefully
the instructionsprovided with your mobile device. Depending upon the
manufacturer and model, your mobile device may sendinformation stored
on it and receive information to and from certain third parties without
your knowledge. If you use your mobile device to access the Internet,
please note that the Internet is not a secure environment. Unwanted
programs ormaterial may be downloaded without your knowledge, which
may give unauthorised persons access to your mobile phone and the information
stored on your mobile device. These programs may perform actions that
you have notauthorised, possibly without your knowledge.
g) If either of us needs to send notices to the other these must be
in writing and can be delivered by hand or first class post to the other's
address as stated on the order form and will be deemed to have arrived
at their destination 48 hours after posting.
h) Monitoring or recording of your calls, emails or text messages may
take place for our business purposes, such as quality control and training,
to prevent unauthorised use of our telecommunications systems and to
ensure effective systems operation and in order to prevent or detect
crime.
i) We may charge you for inclusion of your information in any publicly
available telephone directory or as part of anydirectory information
service at the price as stated in our tariff guide from time to time.
j) The SIM card does not belong to you. We may change your SIM card.
Your SIM card must be returned in good conditionto 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.
k) This Agreement is subject to English law. You may have the right
to refer certain disputes to arbitration details of whichare available
from us upon request.
l) Except in the case of any permitted assignment of this Agreement
under clause
11a), 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.
Registered Address: Vodafone House, The Connection, Newbury, Berkshire
RG14 2FN.
Registered in England No. 1471587
THE DIRECT DEBIT GUARANTEE
- This Guarantee is offered by all Banks and Building Societies that
take part in the Direct
Debit Scheme. The efficiency and security of the Scheme is monitored
and protected by
your own Bank or Building Society.
- If the amounts to be paid or the payment date changes, Vodafone Limited
will notify you 8
working days in advance of your account being debited or as otherwise
agreed.
- If an error is made by Vodafone Limited or your Bank or Building Society,
you are
guaranteed a full and immediate refund from your branch of the amount
paid.
- You can cancel a Direct Debit at any time by writing to your Bank
or Building Society.
Please also send a copy of your letter to us.
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