Your terms and conditions
Terms and conditions.
The legal terms You need to know about Your pay monthly telephoneservice. Version 56 dated May 2009.
Here are some key points which We’d like to draw to Your attention:1. Minimum Term.
You will be a party to this Agreement for at least theMinimum Term agreed with You.
2. Terminating this Agreement.
You can phone Us and give 30 days’notice to terminate this entire Agreement with effect from the end of(or after) the Minimum Term. You may have to pay a CancellationCharge, totalling the rest of the Monthly Charges for the remainderof the Minimum Term, less 4%. (See points 7.2 and 7.3 of theseterms and conditions.)
3. Breaking this Agreement.
There are instances in which, becauseof something You do or do not do, We can suspend or disconnect You from the Services and/or terminate this Agreement. You mayhave to pay Us a Cancellation Charge as a result. (See points 3.4,4.4.5, 6.1.2 and 7.3 of these terms and conditions.)
4. Additional charges.
You may have to pay additional Charges, forexample, the Separate Payment Handling Charge; or the Charge if You pay Your bill late; or the Charge if You wish to have YourAccount restored following suspension; or the Charge for a paper oran itemised paper bill; or the Charge if You try to pay Your bill andthe payment fails. (See points 4.4.4 and 4.4.7 of these terms andconditions.)
5. Upgrades and Renewals.
We don't have to provide You with anUpgrade or Renewal. If You accept an Upgrade or Renewal then anew Minimum Term will be agreed with You. (See points 2.5 and2.6 of these terms and conditions.)
6. Billing.
We will make a bill available to You each month. This maybe by post or electronically, at our choosing. You must pay it by thedate set out on it to ensure continued access to the Service. (Seepoint 4 of these terms and conditions.)
7. Lost or Stolen phones.
If either Your phone or SIM Card are lost orstolen, please call customer services at once. You will have to payfor any Charges incurred on Your Account before You told Us. (Seepoints 2.9.1 and 4.6 of these terms and conditions.)
8. Our Network.
We will try to provide a high-quality Network to You atall times. However, We cannot guarantee that We will always beable to provide Network coverage. (See points 3.1 and 3.2 of theseterms and conditions.)
9. Credit Limits.
We can set and change credit limits for Charges. If You go over Your credit limit, Your Service may be suspended. (Seepoint 2.10 of these terms and conditions.)
10. Changes to the Service and Charges.
We will give You WrittenNotice of some changes to the Services or Charges before thosechanges take place. (See point 7.1 of these terms and conditions.)
11. Our liability to You.
There are certain circumstances in which ourliability to You is limited or excluded. (See point 5 of these termsand conditions.)
12. These key facts.
Remember that We’ve set out some of the keypoints of the Agreement between You and Us. They aren’t asubstitute for what the main Agreement says, and if there’s a clashbetween what the main Agreement and what these key points say,then what the Agreement says is right.
1. DefinitionsWhen We use these words they have the following meanings:‘Account’
together Your Monthly Account and any Pay as You GoAccount that You may have with Us;
‘Additional Service’
an optional/extra Service which can be added to Your Account, the Charges and terms and conditions for which are setout in Our “What It Costs (Non Standard Charges)” booklet and Ourcustomer literature;
‘Agreement’
these terms and conditions between You and Us for theuse of the SIM Card to access the Services, together with the “What ItCosts” booklets of Charges referred to throughout;
‘Allowance’
the amount and type of Services which may be provided aspart of Your Price Plan Services or as part of any Additional Service;
‘Cancellation Charge’
the Charge which totals the rest of the MonthlyCharges for the remainder of the Minimum Term, discounted by 4%;
‘Charge’
the Price Plan Charge, a charge for an Additional Service andany other additional charge including the Separate Payment HandlingCharge;
‘Consumer’
a real person entering into the Agreement and/or using theServices for purposes outside his/her business;
‘Content’
all information whether textual, visual, audio or otherwise,appearing on or available on a one-off payment basis through theServices supplied by Us including by way of example only, a ringtone;
‘Equipment’
any equipment that You use to access the Services;
‘Minimum Term’
the minimum amount of time that You have promisedto pay Us the Monthly Charge;
‘Monthly Account’
the account for which You are billed each month;
‘Monthly Charge’
the amount that You pay each month in advance for Your Price Plan Service;
‘Network’
the communications system which is used to provide theServices and any other type of communications system which may beprovided by Us now or in the future;
‘OFCOM’
The Office of Communications that regulates thetelecommunications industry, including Us;
‘Pay As You Go Account’
the account in which We record Your creditsand Charges for Services paid for in advance (for customers whosePrice Plan allows) apart from the Monthly Charge;
‘Payment Terms’
the terms by which We manage Your Account and theways You pay the Charges including any credit limit applied to YourAccount;
‘Portal’
the exclusive selection of Content indicated to be available fromUs and/or Our partners which You can access from the Equipmentusing wireless application protocol technology and/or by using themobile internet;
‘Price Plan’
the bundle of Services including any Allowance provided to You by Us each month in exchange for Your payment of the Price PlanCharge;
‘Price Plan Charge’
the charge for the Price Plan Service, whichcomprises the Monthly Charge for the Price Plan and the charges for aService once any Allowance is used up, the charges and terms andconditions for which are set out in the “What it Costs” booklet for thatPrice Plan;
‘Price Plan Service’
the inclusive Service supplied with Your Price Plan,the charges and terms and conditions for which are set out in the ”WhatIt Costs” booklet for that Price Plan;
‘Renewing’, ‘Renewal’
entering into a new Minimum Term in return for abenefit other than the supply of new Equipment at or after the expiry of Your existing Minimum Term (or at any other time with Our expressconsent);
‘Roaming’
using Your SIM Card to connect to another network whilst You are outside the UK;
‘Separate Payment Handling Charge’
the charge for the processing byUs of payments made by means other than by direct debit or bankautomated clearance system. The charge is applied according to how Your last bill was paid. The charge for the Services remains the same,irrespective of the payment method used;
‘Service’
a service provided to You by Us including the Price PlanService and any Additional Service;
‘SIM Card’
the card or cards provided under this Agreement and usedwith Equipment to get Services;
‘Upgrading’, ‘Upgrade’
entering into a new Minimum Term in return forthe supply of new Equipment (whether free of charge or on payment by You) at or after the expiry of Your existing Minimum Term (or at any othertime with Our express consent);
‘You’
and
‘Your’
the customer who is a party to this Agreement;
‘UK’
the United Kingdom of Great Britain and Northern Ireland;
‘VAT’
value added tax at the prevailing rate;
‘Virus’
any manipulating program which modifies other programsand/or replicates itself;
‘We’, ‘Us’
and
‘Our’
T-Mobile (UK) Limited trading as T-Mobile;
‘Written Notice’
sending You either: (1) an electronic message to YourSIM Card which may contain a cross reference to Our website for furtherinformation; or (2) a letter to Your postal address; or (3) an email to theemail address that You have registered with Us. Each will tell You that achange is going to happen and what that change is. Our website, letteror email will contain an explanation of why the change is happening andprovide You with any relevant before and after information. For changesto Additional Services that are Content accessed through the Portal,unless We send You anything, by stating clearly on the Portal whatchange will be made to Content available there.
2. Our Agreement
2.1. This Agreement starts when We accept Your request for Services.We will open an Account in Your name and apply Charges to it.2.2. If We reject Your request but You incur Charges, We can recoverthose Charges from You.2.3. We will connect You to the Services as soon as We can.2.4. At the end of the Minimum Term this Agreement will continue untilterminated.2.5. If You are Renewing or Upgrading the following terms apply to You:2.5.1. Unless We agree otherwise, a new Minimum Term willapply. Once that Minimum Term is over this Agreementwill continue until terminated.2.5.2. Your new Minimum Term will start from the date that Weprocess Your Upgrade or Renewal.2.6. We don't have to provide You with a Renewal or Upgrade.2.7. We don’t have to allow You to change Price Plan.2.8. If You already have an Account with Us, any additional SIM Cardthat You request will be added to that Account. For the avoidanceof doubt, if You have more than one SIM Card, each SIM Card mayprovide You with Services which are subject to a separateMinimum Term and therefore Agreement, with Us. As a result, theMinimum Term that applies to each SIM Card may not begin andend at the same time.2.9. The following terms apply to SIM Cards:2.9.1. if a SIM Card is lost, stolen or damaged, You should callcustomer services for a new one (see point 4.6). We maycharge for a replacement.2.9.2. We own the SIM Card and license You to use thetelephone number associated with it. You can only use aSIM Card to use the Services.2.9.3. We can change a SIM Card’s phone number(s) if We havea good reason, for instance, a legal reason or where Weare required to do so by OFCOM or any other regulatorybody. We will endeavour to give You 30 days’ WrittenNotice if We have to do this. The new phone number willapply to Your SIM Card once any notice period that We areable to give You has run out.2.10. We may set and change credit limits for Charges. We cansuspend Your access to the Services if Your limit is exceeded.Charges are not capped by any limit We set as some Charges, forexample international and Roaming call charges, may not berecorded against Your Account immediately, and the Chargesincurred could therefore exceed Your credit limit before YourAccount is suspended.2.11. We will make a copy of Our current version of these terms andconditions available on Our website. We can change these termsand conditions for any good reason, for instance, if We want allcustomers on the same conditions. We will tell You about thechange beforehand, as explained here.2.11.1. If You are a Consumer and the change of terms andconditions is not of material detriment to You or You arenot a Consumer, We will send You Written Notice 30 daysbefore the terms and conditions are due to change. Thenew terms and conditions will automatically apply to Youonce that notice has run out.2.11.2. If You are a Consumer and the change is of materialdetriment to You, We will send You Written Notice 30 daysbefore the terms and conditions are due to change. Thenew terms and conditions will apply to You once thatnotice has run out, unless You terminate Your Agreementwith Us within that notice period. If You do this You won’thave to pay any Cancellation Charge that would otherwiseapply, see point 7.2.3.2.2.11.3. We can change these terms and conditions if new laws orrules make it necessary or where We are required to do soby OFCOM or any other regulatory body. We willendeavour to give You 30 days’ Written Notice if We haveto do this. The new terms and conditions willautomatically apply to You once any notice period that Weare able to give You has run out.2.12. If You promise to pay Us a monthly Charge for an AdditionalService for a minimum period of time, these points apply to eachAdditional Service:2.12.1. the Charges and terms and conditions for thatAdditional Service may be set out either in Our “What itCosts (Non Standard Charges)” booklet or in a separate“What it Costs” booklet for that Additional Service;2.12.2. We don’t have to allow You to change that AdditionalService for a different one;2.12.3. unless We tell You otherwise, You can only receive thatAdditional Service if You also receive Price PlanServices. The minimum period that You have agreed tofor that Additional Service may not always begin andend at the same time as the Minimum Term;2.12.4. We can suspend, change or withdraw that AdditionalService as set out in point 7.1.3 below;2.12.5. You can call Us to give Us 30 days’ notice to terminatethat Additional Service to take effect on or after the endof the minimum period that applies to that AdditionalService. However (except as set out in point 2.12.6below) if, in Our total discretion, We accept notice from You to terminate that Additional Service within itsminimum period, You will have to pay Us a Chargetotalling the rest of the monthly Charges for thatAdditional Service for the rest of the minimum period,discounted by 4%. You can terminate that AdditionalService without having to pay Us that Charge after theminimum period that applies to it has ended;2.12.6. We can increase the Charge for that Additional Serviceas set out in point 7.1.4. If that happens, points 7.2.3.2and 7.2.3.3 will also apply to You, so that You can giveUs notice to terminate that Additional Service with aminimum period without paying the Charge describedin point 2.12.5 above. However, if You also give Usnotice to terminate this entire Agreement as describedin point 7.2.1, then You may have to pay a CancellationCharge; and2.12.7. if You or We terminate Your Price Plan and therefore thisAgreement, any Additional Services with a minimumperiod will automatically be terminated too. The Chargedescribed in point 2.12.5 above may then apply to thatAdditional Service unless point 7.2.3 below applies.
3. Our Services
3.1. We will always try to make the Services available to You butsometimes they may be unavailable as a result of, or be affectedby:3.1.1. things like the weather and faults in other networks; or3.1.2. degradation, congestion or maintenance requirements ofthe Network including (but not only) re-positioning and/ordecommissioning of base stations.3.2. At any time Our Network comprises lots of different types oftechnologies. The Services are made available provided You arein range of base stations forming part of the relevant technologicalNetwork when trying to use any particular Service. For example, You can only use 3G Services when You are in range of a 3G basestation. You may have to connect to a particular Price Plan and/oruse particular Equipment to gain access to certain Services.3.3. The Services are made available provided that You also complywith the following conditions, which are a fundamental part of thisAgreement between You and Us:3.3.1. The Services are not used for anything unlawful, immoralor improper;3.3.2. The Services are not used to make offensive or nuisancecommunications in whatever form, or to make or receivereverse charge calls;3.3.3. The Services are only used with Equipment approved foruse with the Network and all relevant laws and rules arefollowed;3.3.4. The Services are not used to send, receive, upload,download or otherwise facilitate any material which isoffensive, indecent, defamatory, of a menacing nature, anuisance, a breach of privacy, an infringement ofcopyright or any other intellectual property right orotherwise unlawful;3.3.5. The Services are not used to access or use Content in away that infringes the rights of others;3.3.6. The Services are not used otherwise than in accordancewith Our and any other networks’ policies for acceptable
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| Upload Date: | 06/05/2009 |
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