Terms & Conditions
Mobile phone networks' Pay monthly terms and conditions

Valid From 11 October 2013

By using this website and/or placing an order for Goods and/or making an application for a Network Airtime Contract, a customer (“you/your”) agree to Metrofone’s (“we/us/our”) Terms and Conditions as set out below. No alteration proposed by you will be binding unless we agree in writing:

1. Ordering and specifications

1.1. In these terms and conditions “Goods” mean goods or products offered for sale by us including but not exclusively mobile phones (handsets), promotional products, Free Gifts or accessories. “Goods” also mean mobile phones (handsets) that are discounted or supplied free with monthly paid contracts.

1.2. In these terms and conditions “Network(s)” mean mobile telecommunication network run by mobile Network Operator. The “Network Operator” is the Network you have chosen to enter into a Network Airtime Contract with.

1.3. You shall be responsible for ensuring that Goods you purchase are of the correct specification for their intended use.

1.4. We make every effort to ensure the accuracy of the information included on our website. We cannot, however, guarantee that accuracy of the information supplied in relation to product specifications, Network tariffs or offers as these may change without prior notice before or after you have placed an order with us.

1.5. In the event that a change occurs which becomes effective in the period between you placing your order and despatch and would be of detriment to you, we will contact you before proceeding with your order.

1.6. Pictures of products including colours are representations only and should be used only as a guide.

1.7. You must complete the order form with correct and accurate information.

1.8. We will carry out certain checks on the information you provide when completing the order form to ensure the security of both you and us. These checks are intended to check your address and identity and perform the necessary credit checks as required by the Network. In the event that we encounter any problems performing these checks or your application is declined by the Network we will contact you and advise you of the situation.

1.9. If any issues arise as a result carrying out the procedures in Clauses 1.5 and 1.7 this may cause a delay in the despatch of your order.

The Customer:

Must be a minimum of 18years old, reside in the UK and hold a valid UK credit or debit card.

2. Orders taken over the telephone

2.1. If we take an order over the phone it shall be deemed that you have read and accepted our terms and conditions.

2.2. You should also check any network terms and conditions to ensure that you are completely satisfied with these.

3. Stock availability

3.1. All Goods offered for sale on our website are subject to availability.

3.2. Whilst we make every effort to show that an item is out of stock, if an item is ordered and, due to unforeseen circumstances, it is out of stock we will notify you within 1 working day (excluding weekends) of your order being placed. In these circumstances we shall advise you of the likely time scale of any delay.

3.3. In the event that an item is out of stock you have the right to cancel your order.

4. Pricing of equipment

4.1. The price of any Goods purchased shall be the quoted price (which we can change in the case of an error).

4.2. The date we accept your order is the date that the Goods are despatched.

4.3. Unless indicated otherwise all Goods include VAT at the appropriate rate.

5. Payment and Ownership of Goods

5.1. We will verify your credit card details when we take payment for your Goods. Even if your handset is supplied Free we will still charge a sum of money from your credit card account for the purposes of credit card verification. This is only for verification purposes and the sum charges will be automatically refunded. This may take up to 5 days to be refunded depending on the bank you use. We will then take payment for Goods in your basket that require a value to be paid to us. No funds will be debited from your credit card account for a handset that has been sold as 'FREE'.

5.2. Goods or promotional products, supplied as part of any offer remain our property until the Goods are paid for in full. If payment is declined, whether before or after despatch of the Goods to you, we will treat the order as cancelled. If the Goods have been despatched we may require return of the goods or payment in full by alternative means.

5.3. Until such time as ownership of the Goods passes, you shall hold it on our behalf and keep it safe and identified as our property.

5.4. We agree we will not exercise our rights under this clause where you have entered into an Airtime agreement with a Network and that you are performing your obligations as to payment under it and have paid all outstanding amounts to us for any other Goods you have purchased.

5.5. Any claim or obligation under this Clause is without prejudice to our rights under Clause 11 of these Terms and Conditions.

6. Warranty for Goods supplied

6.1. All Goods come with a minimum of 12 months manufacturer’s warranty and all Goods are supplied subject to the terms of warranty or guarantee as given by the manufacturer of the equipment.

6.2. No liability will be accepted for any defect arising from fair wear and tear, water ingress, accidental or wilful damage, negligence, misuse, repair or failure to follow manufacturer’s instructions.

6.3. This warranty does not affect your statutory rights which cannot be excluded or restricted by Law.

6.4. Other than set out in these term and conditions we shall be under no obligation to exchange, repair or replace the equipment or provide refunds.

6.5. You accept that you are solely responsible for backing up any data held on your mobile phone handset prior to any repair or return of a mobile phone handset and you acknowledge that any such data may be lost during repair or if the mobile phone handset is exchanged.

7. Delivery

7.1. We will send Goods to you at your home address provided in the order application.

7.2. We will endeavour to process and despatch all orders received Monday to Friday (except when a bank holiday falls on one of these days) before 4pm to be delivered the next working day. If the order is received on a Saturday or Sunday the delivery day will be Tuesday or in the event of a bank holiday the next working day after the Tuesday.

7.3. In the event that any items you have ordered are out of stock we shall inform you and despatch such items whenever it becomes available. We reserve the right to ship Goods separately.

7.4. Non mainland deliveries may take longer than shown in Clause 7.2.

7.5. When your order has been despatched we shall send you a confirmation email providing a tracking reference.

7.6. We will not be liable for any delays in delivery and delivery is subject to the availability of a delivery service.

8. Privacy

8.1. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).

8.2. We collect the information to process your order and to provide you with the best possible service.

8.3. We do not sell the personal information we have collected from you including email addresses, to any organisation or third party. Your information may be transmitted to other companies including Mobile Phone Network Operators for the purpose of processing orders placed with us, or for providing additional services that are related to orders that have been placed with us.

8.4. You agree that we may use personal Information provided by you in order to conduct appreciate identity and anti fraud checks. Personal information may be disclosed to a credit reference or anti fraud agency or other relevant organisations which may keep a record of that information.

8.5. We may from time to time send you information via email, text or post regarding your purchase or other products available from us. We will give you the chance to refuse any electronic communication.

8.6. The information we hold will be held securely in accordance with our internal security policy and the law.

8.7. We may use technology to track the pattern of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. This information collected in this way can be used to identify you unless you modify your browser settings.

8.8. If you require any further information regarding our privacy of information policy please email: contactus@metrofone.co.uk .

9. Mobile Phone Network Airtime Contract Connections

9.1. All mobile phone contracts are subject to a minimum Network Airtime Contract term. All contracts are subject to status and acceptance by the Network Operator.

9.2. All applicants must be UK resident and be aged 18 or over.

9.3. A credit check will be carried out by the Network Operator using the information provided in the application. We cannot be held responsible for the result of any credit assessment or for any delays caused by insufficient or incorrect information being provided by you. In the event that you are declined by the network we will notify you.

9.4. On application for a mobile phone contract connection you are deemed to have accepted the relevant Network Terms and Conditions. A copy of the Network Terms and Conditions can be found on our website.

9.5. On acceptance by the Network to a Network Airtime Contract you agree to the set up of a mandatory direct debit arrangement with Network Operator Network Operator to collect your line rental and other network charges from your bank using the details provided in the application.

10. Return or exchange of Goods

10.1. All returns and exchanges require an authorisation code. To obtain the authorisation code you will need to call 0800 0096888 0800 0096888 Any unsolicited returns will not be processed and will be returned to you.

10.2. If within 14 days of receiving your Goods you change your mind and decide you no longer wish to purchase the Goods, you are under our returns policy entitled to return the Goods for a refund or exchange provided they are returned in the same condition as they were delivered to you. Returns must be made within 48 hours of receipt of the returns authorisation code. If the Goods are not received in this time period and/or the Goods have been used or the Mobile Phone has been connected to the mobile phone Network we will not accept this as a 14 day cancellation and you will remain liable for the full term of the contract. All Goods must be returned in their original packaging with full contents included. You will be responsible for all the costs of return. This Clause does not apply to business customers.

10.3. If within 30 days of receiving your Goods your mobile phone develops a fault we will exchange it with exactly the same model. Your replacement will be sent after we have received the original item. You must return the faulty goods in the Original Packaging. If any of the following items are missing we reserve the right to charge you the following:

10.3.1. Missing charger £20

10.3.2. Missing Battery £30

10.3.3. Missing manuals £10

10.3.4. Missing Disks, Memory card, Cables or headsets £15

10.4. If it is found that the Goods returned for exchange are either not faulty of have been wilfully damaged, the Goods will be returned to you and we will charge you a handling fee of £9.99.

10.5. If after 30 days the phone develops a fault the phone must be sent to the Manufacturer for repair.

10.6. We will only provide a prepay envelope for exchanges notified within the 30 days period from receipt.

11. Cancellation of Network Airtime Contract

11.1. If within 14 days of despatch of the phone you decide you no longer wish to enter into a Network Airtime Contract you must return your mobile phone in accordance with Clause 10.1 and 10.2.

11.2. Usage of your SIM card or handset signifies acceptance of your Network Airtime contract and the handset . Usage would include but is not limited to making or receiving a call, SMS, MMS, downloading data or using any of the functions of the handset including but not limited to GPS, Camera, setting Contacts or diary.

12. Early termination or change of Network Airtime Contracts

12.1. If for any reason you disconnect or are disconnected from the Network in the period from the date of connection to 120 days from your initial billing date you will be invoiced for the cost to us of the handset and any Free Gift we provided to you plus an administration fee. The minimum charge per handset will be £200 plus VAT. All charges will be actively pursued.

12.2. Disconnection in the first 14 days are exempt from the above provided the handset has been returned in accordance with Clause 9.

12.3. If for any reason you downgrade your airtime tariff in the period from the date of connection to 120 days after your initial billing date you will be invoiced per handset a minimum of £100 plus VAT. The invoiced amount will be dependent upon the tariff selected at the time of the downgrade.

12.4. In the event that you are disconnected from the Network for any reason within the minimum term contract or you have bought out your Airtime contract with the Network you will no longer be eligible to any redeemable offer or cash-back payable by Metrofone.

12.5. In the event that we are notified by the network that you have not paid your monthly bill you will no longer be eligible to any redeemable offer or cash-back payable by Metrofone.

12.6. Should you be invoiced for any charges by us under this Clause 11 you hereby expressly authorise us to collect payment of the invoiced amount from the Credit or Debit card provided in your application.

13. Free Gifts and other offers

13.1. Free Gifts :

13.1.1. Free Gifts will be despatched within 120 days following payment of the first Network Airtime Bill.

13.1.2. If for any reason we become aware of any changes to or cancellation of your Network Airtime Contract we reserve the right to withdraw the offer of the Free Gift.

13.1.3. If for whatever reason we are unable to supply the Free Gift in the offer we will contact you to discuss an alternative.

13.1.4. Free Gift images are for Illustration purposes only and the colour of the gift supplied may vary.

13.1.5. We reserve the right to request from you proof that the first bill has been paid before we supply the Free Gift.

13.2. Cash-back:

13.2.1. Cash-back payments will be made automatically within 120 days after payment of the first Network Airtime Bill. You do not need to make a claim.

13.2.2. We reserve the right to request from you proof that the first bill has been paid before we make payment of the cash-back.

13.2.3. If you do not receive payment within 8 weeks after payment of the first Network Airtime Bill please contact customer services at: contactus@metrofone.co.uk and we will investigate.

13.3. Line rental reductions:

13.3.1. Line rental reductions are calculated using the Network line rental cost at the time of purchase.

13.3.2. Payments of the value of the line rental reduction will be made in 5 equal instalments by making a claim.

13.3.3. For Line rental reductions applicable to 18 month contracts you will be required to make a claim by sending us your 5th, 8th, 11th, 14th and 17th Network Airtime Bill.

13.3.4. For Line rental reductions applicable to 24 month contracts you will be required to make a claim by sending us your 6th, 9th, 13th, 17th and 23th Network Airtime Bill.

13.3.5. We will accept original, clear photocopies or a printout from the online service of the Network Airtime Bill provided the Bill shows: the mobile number connected, your name, your address matching your application, the tariff you are connected to and that payments on the account are up to date.

13.3.6. If the Network Airtime Bill shows your payments are not up to date your claim will be rejected.

13.3.7. If the address on the Bill does not match your application please contact customer services on 0800 0096888 0800 0096888 with your new address details.

13.3.8. If the tariff on the Network Airtime Bill is lower than that on your application we reserve the right to reject your claim. Moving to a higher tariff during the minimum term will not impact your claim.

13.3.9. You must retain your contract for the minimum term. If you upgrade you handset during the minimum contract term with any company outside the Metrofone group of companies any subsequent claim will be rejected. If you upgraded with a Metrofone group company your claim will not be affected.

13.3.10. All claims must be received within 60 days of the date of the relevant Network Airtime Bill. If your claim is received after this date your claim may be rejected. We do not accept any liability for late claims. We recommend you send you bills by recorded or special delivery.

13.3.11. Payments of the claim will be made within 120 days of receipt of the relevant Network Airtime Bill.

13.4. All Claims are subject to the Terms of Conditions set out herewith and claims that do not conform to these terms and conditions will be void and no payment will be made.

13.5. Claims should be posted to:
Claim Rebate Department
Metrofone.co.uk
Genoa House, Juniper Drive
London SW18 1FY

If you do not receive payment within 8 weeks of sending in your documents please contact customer services at: contactus@metrofone.co.uk and we will investigate

14. Insurance

14.1. If you take out Insurance with the handset you agree to Insurance terms and conditions shown on the website and to the setup of a Direct Debit for the monthly collection of premiums.

15. Other

15.1. If you or us break this Agreement and the other chooses to overlook it, this will not prevent the other from taking further action if you or us break this Agreement again.

15.2. If either of us cannot do what we have promised in this Agreement because of reasons beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, terrorism, war, military operations, national or local emergency, civil disorder, industrial disputes (whether or not involving our employees), 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, such party will not be liable for this.

15.3. Third parties cannot benefit from this Agreement under The Contracts (Rights of Third Parties) Act 1999.

15.4. This agreement is subject to the law of the relevant part of the United Kingdom and the English Courts have exclusive jurisdiction.

15.5. You will be deemed to have received the Equipment and these Terms and Conditions of Sale when we have tried to deliver them to you even if you were not there to collect them.

15.6. Each of the Clauses of these Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.

15.7. This website is owned and operated by Metrofone which is a trading division of KTM Online Limited,7 Treadway Tech Centre,Treadway Hill,Loudwater,High Wycombe,Bucks,HP10 9RS. Registered in England Company No 10781202 Vat registration number GB 276 6191 72.
 

Your personal information:

We are registered under the Data Protection Act 1998. We take your privacy very seriously and the personal information which you provide to us will be used in accordance with our Privacy Policy. You agree that we may use the information we collect about you when you subscribe for the Services for the purposes of:
•   preventing crime or fraud. We may also need to pass your information to fraud prevention agencies and other organisations involved in crime and fraud prevention;
•   research, surveying, polling, general campaigning, and engaging with you, including sending you messages (email or SMS) for these purposes on our, or a third party's behalf,
•   marketing and promotion including calling or sending messages (email or SMS) for these purposes on our, or a third party's behalf.
•   dealing with emergency services;
•   monitoring and managing your account, including providing quality control services;
•   complying with our obligations to our service providers; and
•   as otherwise expressly set out in our Privacy Policy or as required by law.
The information we collect and process about you may include sensitive personal data.
You also agree that we may use other suppliers to fulfil these purposes on our behalf, and that we may share your data with them in order to allow this.
Our Privacy Policy sets out more details about how we use your personal information. Please contact our customer services department if you want further details about with whom and how we share your personal information.

WCS insurance

WCS Insurance is a separate entity to KTM Online Limited. All claims must be settled through WCS. Coverage included theft and damage.

Gadget Helpline Terms and Conditions for Direct Debit customers

 

Gadget Helpline is a trading name of TMTI Limited. Subscribers will receive a welcome email or letter including instructions on how to access the support services. In all cases, the first thirty days of Gadget Helpline support are free of charge. Subsequently, all payments will be collected by TMTI Limited either using Direct Debit in which case collections will be made every six months in advance beginning at the end of the thirty-day free period or by credit/debit card in which case collection will be for a year’s subscription in advance.

 

Although EU Legislation provides a statutory minimum cancellation period of 14 calendar days from set-up for ‘distance contracts’, the Gadget Helpline support service may be cancelled at any time during the 30- day free period prior to the first payment being collected at no charge. Any cancellation requests must be made either by using the website gadgethelpline.com and clicking Cancellations, by email to gadgethelpline@tmti.net , or in writing to: Gadget Helpline, TMTI Limited, Corsley Heath, Warminster, Wiltshire, BA12 7PL.

 

Please ensure you quote the subscriber name, address and any reference number in your communication. Any cancellations made following the collection of the first payment will carry a minimum administration fee of £5.00.

 

The Gadget Helpline support service will remain available to the subscriber and other members of the subscriber’s household between the hours of 09:00 – 18:00 Monday to Friday (excluding Public Holidays) and 10:00 – 18:00 Saturday whilst payments are being correctly maintained and paid.

 

Calls to the 0844 numbers published in relation to the Service are charged at 5p per minute at all times from BT landlines and may incur a connection fee but charges may vary from other networks and mobile operators. Calls to 0344 or 0333 numbers published in relation to administration queries are charged at a rate equivalent to normal Geographic (01, 02, and so on) numbers.

 

TMTI Limited will use its reasonable endeavours to resolve support issues raised by our customers in relations to Gadgets they may own. Gadgets are defined as the following:

 

MP3 players, flat screen TVs, DVD players, games consoles, satellite receivers, digital cameras, video cameras, mobile phones, Bluetooth headsets, computer printers and scanners, satellite navigation devices, fax machines, answering machines, home audio systems and PCs (initial out of the box support only). All items must have been purchased new within 3 years.

 

Items that do not fall within the definition of Gadgets for the purpose of this service are:

 

Apple Mac’s, computer software, musical instruments, white goods (e.g. fridges freezers dishwashers, etc.), kitchen electrical products (e.g. microwaves, ovens, cookers, mixers, kettles blenders, etc.), domestic appliances (e.g. washing machines, vacuum cleaners, irons etc.). The customer will appreciate that this list is not exhaustive and TMTI Limited will endeavour to support customers’ needs as they arise.

 

TMTI Limited reserves the right to determine whether or not an item falls within the definition of a Gadget for the purposes of this service and to apply a ‘reasonable use’ policy at their sole discretion where it may be necessary to maintain service levels.

 

Remote Access support

 

From time to time it may be necessary for the Gadget Helpline to access a customer’s device remotely in order to diagnose a problem and/or deliver a support solution, TMTI Limited will interact directly with the device using third party remote-access software. Customers of the Gadget Helpline consent to this remote access being used on their device unless consent is expressly refused. Devices accessed remotely must be the personal property of the customer and not that of an employer or Public Authority; by allowing the remote access service to be deployed, customers confirm that this is the case.

 

TMTI Limited will use reasonable endeavours to avoid any unintended outcomes or loss of data; however, the avoidance of events resulting in loss of data or software cannot be guaranteed. Users should ensure that appropriate Firewall and Virus Protection safeguards are in place on the device to be supported by the remote- access service and back up all important data and software in advance of any remote-access support so that any accidental loss can be retrieved. Users of the remote-access service acknowledge that actual hardware faults and certain software or other issues are likely to be beyond the scope of the service.

 

Users of this Remote Access service must be 18 years of age or over.

 

Valid software licenses for all appropriate operating systems and applications must be correctly in place at the time of using this service. By using this service, users confirm that all such necessary software licenses are correctly in place.

 

During the remote-access diagnosis and/or problem-resolution we may record the session’s telephone call and device activity for training and quality-monitoring purposes.

 

TMTI Limited does not give or imply any warranty or any other assurance as to the operation, quality or functionality of the service. Access to the service may be interrupted restricted or delayed for any reason. TMTI Limited does not give or imply any warranty or other assurances as to the content of the advice given by their representatives, its accuracy, completeness, timelessness or fitness for any particular purpose. To the full extent permissible by law, TMTI Limited disclaims all responsibility for any damage or losses (including without limitation financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or any action or decision taken as a result of using the Gadget Helpline support service.

 

Choosing the Gadget Helpline support service constitutes acceptance of these Terms and Conditions. Full terms can be seen at: http://blog.gadgethelpline.com/terms *excludes white goods

Metrofone 11 October 2013



 
 

EE Terms and conditions.

 

The legal terms You need to know about Your pay monthly mobile communications service. Version 03 for customers joining or upgrading from 1st October 2015.
Here’s a brief summary of some key points which We’d like to draw to Your attention. They’re a useful guide to the Agreement but aren’t part of it. You should still refer to the terms and conditions below.

 

1. Our Network

 

You can use Our Network to make and receive calls (including internet phone calls known as VoIP) and texts and use the internet over 2G and 3G. If You have 4G compatible Equipment and a compatible Price Plan, You can also use Our 4G Network. We will try to provide a high-quality Network to You at all times. However, We cannot guarantee that We will always be able to provide Network coverage. You need to check the coverage You might get before buying the Services on Our coverage checker, which can be found on Our website (ee.co.uk/coverage). The availability and quality of the Services are affected by a number of things such as the number of people using the Network and Your location (see points 4.1 and 4.2 of the terms and conditions).

 

2. Equipment

 

You may get Equipment from Us for free or for an upfront cost when You take out a Price Plan, or You may be able to take out a Finance agreement to purchase Equipment from Us. Unless We tell You otherwise We will own any Equipment provided to You by Us for the first six months of the Minimum Term (see point 10.1). If You take out a Price Plan via a third party who is not EE and get Equipment from that third party when You take out the Price Plan, that third party may own any Equipment provided to You by them for the first six months of the Minimum Term (see point 10.2). During this time You will be required to take all reasonable care with the Equipment and keep it in good condition as if You owned it (see point 10.3.2). During that 6 month time period You must not give or sell the Equipment to anyone else without our prior written consent (see point 10.3.1). We will collect network data and Equipment details (using software installed on the Equipment) in order to Disable the Equipment in certain instances of fraud or non-payment occurring in the first 6 months (see points 11.1, 11.2 and 11.3). If You get Equipment from Us under a Finance agreement, You will own the Equipment from the moment of purchase (see point 10.1). You will have to enter into a separate Finance agreement and other terms will also apply to You.

 

3. Unlocking

 

Any Equipment that We provide to You will be locked to Our Network. It may not be possible to unlock it. If it can be unlocked We may charge You (see point 10.5 of the terms and conditions).

 

4. Minimum Term

 

You will have to agree to stay with Us for a minimum period of time which We call the Minimum Term. This Minimum Term will be agreed with You and You will have to pay a regular monthly charge for this which We call the Monthly Charge. You can find details of Your Monthly Charge, Charges for Additional Services and all other Charges in Our Plan Price Guide and Non-Standard Price Guide which can be found on Our website.

 

5. Upgrades and Renewals

 

We want Our customers to stay with Us, but We don’t have to provide You with an Upgrade or Renewal. If You accept an Upgrade or Renewal then a new Minimum Term will be agreed with You and You will have to pay the Monthly Charge for the rest of the new Minimum Term (see points 2.5, 2.6 and 2.8 of the terms and conditions).

 

6. Annual Price Increase

 

Your Price Plan Charge includes an increase by the annual percentage increase in the Retail Price Index (RPI). We will do this so the price increase takes effect in March of each year (see point 7 of the terms and conditions).

 

7. Changing the Terms and Charges

 

We may change the terms and conditions or the Services. If We do make these changes, We’ll give You Written Notice when We can before the change takes effect (see points 7 and 12.1 of the terms and conditions). We may also increase or decrease Our prices. Your Price Plan Charge will go up by RPI during Your Minimum Term. You agree that We can change these Terms and Charges without obtaining Your express consent to vary the Agreement providing We comply with the procedure in point 12. Some of the price increases may give You the right to leave the Agreement without paying a Cancellation Charge (see point 8.4 of the terms and conditions).

 

8. Ending this Agreement

 

You can phone Us and give 30 days’ notice to end this Agreement. Unless We tell You otherwise You will have to pay a charge for ending the Agreement before the end of the Minimum Term which We call the Cancellation Charge. The Cancellation Charge is the total of the Monthly Charges for the remainder of the Minimum Term, less any discount You are entitled to. If You end this Agreement after the end of the Minimum Term You will have to pay Charges during the 30 days’ notice period (see points 8.1, 8.2 and 8.3 of the terms and conditions).

 

9. Breaking this Agreement

 

There are instances in which, because of something You do or do not do, We can suspend or disconnect You from the Services and/or end this Agreement. You may have to pay Us a Cancellation Charge as a result (see point 6.3 of the terms and conditions).

 

10. Billing

 

We will make a bill available to You each month. This may be by post or electronically, at Our choosing. You will need to pay it by the date set out on it to ensure continued access to the Service. It is Your responsibility to contact Us if You are unable to access a bill sent electronically (see points 5.5.3 and 6.2.2 of the terms and conditions).

 

11. Lost or Stolen Equipment

 

You must call customer services as soon as You realise that the Equipment and/or or a SIM Card has been lost or stolen, become infected by a Virus or used by an unauthorised third party. You will have to pay for any Charges incurred on Your Account before You told Us (see points 5.14, 13.8 and 13.9 of the terms and conditions).

 

12. Credit Limits

 

We can set and change credit limits for Charges. If You go over Your credit limit, Your Service may be suspended (see points 5.4 and 6.1.2 of the terms and conditions).

 

13. Our liability to You

 

There are certain circumstances in which Our liability to You is limited or excluded (see point 13 of the terms and conditions).

 

14. Your Information

 

You (and anyone who You buy the Equipment for) agree that We, Our Group Companies and Our service providers, can use information about You including information about Your use of Our Network, Services and related products and the location of the Equipment that You are using on Our Network to tell You about Our products and services and third party products and services that may be of interest to You. You can ask Us to stop sending You direct marketing at any time (see point 15.4 of the terms and conditions). Please refer to Our privacy policy on Our website for full details on how We process your personal information.

 

15.These key points

 

Remember that We’ve set out some of the key points of the Agreement between You and Us. They aren’t a substitute for what the main Agreement says, and if there’s a clash between what the main Agreement and what these key points say, then what the Agreement says is right.
If You would prefer the terms and conditions in large print, on disk, or in braille, please call Our customer services team, whose details can be found on Our website.

 

The full terms of Your pay monthly Agreement

 

This Agreement is made up of four different sections:

  • •   ‘Services’ that covers the Services We provide You with;
  • •   ‘Equipment’ that covers any Equipment We provide You with;
  • •   ‘General’ that relates to both the Services and the Equipment; and
  • •   the Plan Price Guide and Non Standard Price Guide that together set out the Charges.

 

1. Definitions

 

When We use these words in any of the sections they have the following meanings:

‘Account’ together Your Monthly Account and any Pay as You Go Account that You may have with Us;

 

‘Additional Commitment Service’an Additional Service for which You agree to pay Us a monthly Charge for a minimum period of time;

‘Additional Commitment Service Cancellation Charge’ the Charge which totals the rest of the monthly Charges for the remainder of the minimum period of the Additional Commitment Service, discounted by any prepaid Charges and other discounts You are entitled to, which can be found on Our website;

‘Additional Service’an optional/extra Service not part of Your Price Plan, including but not limited to, premium rate services, additional products and services added to Your Price Plan, Content, directory enquiry services, Roaming and international services and/or third party services, and the charges for a Service once any Allowance is used up;

‘Age Restricted Services’any Services which You need to be over a certain age to use;

‘Agreement’ this agreement, made up of (1) the Services section; (2) the Equipment section; (3) the General section and (4) the Plan Price Guide and Non Standard Price Guide booklets of Charges referred to throughout;

‘Allowance’ the amount and type of Services comprised of Units and which Services may be provided as part of Your Price Plan Services, any Additional Service or Additional Commitment Service;

‘Blacklist’ a list held in common by the UK mobile networks on which details of Equipment are placed with the effect that such Equipment can no longer be used on any UK mobile network, including Ours, except for making emergency calls;

‘Cancellation Charge’ the Charge which totals the rest of the Monthly Charges for the remainder of the Minimum Term, calculated at a daily rate, discounted by any prepaid Charges and any other discounts You are entitled to, which can be found on Our website;

‘Charge’ the Price Plan Charge, a charge for an Additional Service, an Additional Commitment Service and/or any other additional charge including by way of example the Separate Payment Handling Charge, the Cancellation Charge and the Additional Commitment Service Cancellation Charge;

‘Consumer’ a real person entering into the Agreement and/or using the Services for purposes outside his/her business;

‘Content’ apps and/or other digital services We offer information whether textual, visual, audio or otherwise, appearing on or available through the internet and/or Services;

‘Disable’ to take steps remotely so that the Equipment can no longer be used (1) on any mobile network (except for making emergency calls); (2) to connect to WiFi; and (3) to access any digital content of any kind on the Equipment, for example apps, photos, contacts;

‘Disconnect’ or ‘Disconnection’Us stopping Your access to the Services;

‘Equipment’ any phone, tablet, dongle or other internet enabled device compatible with Our Network that You use to access the Services at any time;

‘Finance agreement’ credit provided under a credit agreement regulated under the Consumer Credit Act 1974, as amended;

‘Group Companies’ EE Limited Group which includes EE Limited, its subsidiaries and any parent undertakings;

‘GSM Gateway’ a device which uses one or more SIM Cards and allows the Services to route or re-route to or from a fixed line telephone through a wireless link onto a mobile network;

‘Minimum Term’ the minimum amount of time that You have promised to 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 infrastructure which is used to provide the Services and any other type of communications system which may be provided and operated by Us now or in the future;

‘Non Standard Price Guide’ is the booklet of Charges not part of Your Price Plan including, but not limited to, Charges for Additional Services, Additional Commitment Services, the Separate Payment Handling Charge and relevant terms and conditions which can be found on Our website;

‘OFCOM’ The Office of Communications that regulates the telecommunications industry, including Us;

‘PAC’ a Porting Authorisation Code that enables You to migrate Your telephone number to an alternative mobile network provider;

‘Pay As You Go Account’the account in which We record Your credits and Charges for Services paid for in advance (for customers whose Price Plan allows) apart from the Monthly Charge;

‘Payment Terms’ the terms by which We manage Your Account and the ways You pay the Charges including any credit limit applied to Your Account;

‘Plan Price Guide’ the booklet of Charges which are part of Your Price Plan which can be found on Our website;

‘Price Plan’the bundle of Services including any Allowance provided to You by Us each month in exchange for Your payment of the Price Plan Charge as detailed in Your Price Guide;

‘Price Plan Charge’the charge for the Price Plan Service, which comprises the Monthly Charge for the Price Plan;

‘Price Plan Service’the inclusive Services supplied with Your Price Plan, the charges, types of calls You can make, messages You can send, data You can use and details of any other Services and other terms and conditions for which are set out in the Plan Price Guide for that Price Plan;

‘Renewing’ or ‘Renewal’entering into a new Minimum Term in return for a benefit other than the supply of new Equipment at or after the expiry of Your existing Minimum Term (or at any other time with Our express consent);

‘Roaming’Your SIM Card connecting to a non-UK network;

‘Separate Payment Handling Charge’the charge for the processing by Us of payments made by means other than by direct debit or bank automated 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 Plan Service and any Additional Service and Additional Commitment Service;

‘SIM Card’ the card or cards provided under this Agreement and used with Equipment to get Services;

‘Suspend’ or ‘Suspension’ Us temporarily stopping Your access to the Services;

‘UK’ the United Kingdom of Great Britain and Northern Ireland;

‘Unit’ a voice Unit, text Unit or data Unit. On use, each voice Unit may be automatically converted to one minute of a phone call, each text Unit may be automatically converted to one text sent, and each data Unit may be automatically converted to one Kilobyte;

‘Upgrading’, ‘Upgrade’ entering into a new Minimum Term in return for the 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 other time with Our express consent);

‘VAT’ value added tax at the prevailing rate;

‘Virus’ any manipulating program which modifies other programs and/or replicates itself;

‘We’, ‘Us’ and ‘Our’ EE Limited (company number 02382161) who is authorised and regulated by the Financial Conduct Authority and whose registered address is Trident Place, Mosquito Way, Hatfield, Hertfordshire, AL10 9BW. This registered address may change from time to time. Details of our registered address can be found on our website in our website Terms of Use;

‘Wi-Fi’ the local area wireless technology, whether provided by EE or otherwise, that allows compatible Equipment to connect to a local network which may then enable You to gain access to the internet;

‘Written Notice’ sending You either: (1) an electronic message to Your SIM Card and/or Equipment which may contain a cross reference to Our website for further information; or (2) a letter to Your postal address; or (3) an email to the email address that You have registered with Us. Each will tell You that a change is going to happen and what that change is. Our website, letter or email will contain an explanation of why the change is happening and provide You with any relevant before and after information. For changes to Additional Services and Additional Commitment Services that are Content accessed through Our apps or other internet-based platforms, unless We send You anything, We’ll state clearly on the app or internet-based platform what change will be made to Content available there; and

‘You’ and ‘Your’ the customer who is a party to this Agreement.
 

A – Services

This section applies to the Services We provide You with.

 

2. Minimum Term

 

2.1. This Agreement starts when We accept Your request for Services. If We decide You need to pass a credit check as set out in point 5.12, this Agreement won’t start until You pass the credit check. We may use the information You provide Us to help Us make a credit decision before this Agreement starts. 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 recover those 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 until terminated as described either under point 6 or point 8 below.

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 will apply. Once that Minimum Term is over this Agreement will continue until terminated as described either under point 6 or point 8 below;

2.5.2 Your new Minimum Term will start from the date that We process 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. We may allow You to change Price Plan after the Minimum Term. We may move You at Our discretion to an equivalent or lower Price Plan at any time. We may do this as an alternative to Our right to suspend and/or disconnect the Services in accordance with points 6.1 or 6.2.

2.8 If You already have an Account with Us, any additional SIM Card that You request will be added to that Account. For the avoidance of doubt, if You have more than one SIM Card, each SIM Card may provide You with Services which are subject to a separate Minimum Term and therefore Agreement, with Us. As a result, the Minimum Term that applies to each SIM Card may not begin and end at the same time.
 

3. SIM Cardss


3.1 The following terms apply to SIM Cards:

3.1.1 if a SIM Card is lost, stolen or damaged, You should call customer services for a new one (see point 5.7). We may charge for a replacement;

3.1.2 We own the SIM Card and license You to use the telephone (or “phone”) number associated with it. The phone number is licensed by OFCOM. You can only use a SIM Card to use the Services;

3.1.3 We can change a SIM Card’s phone number(s) if We have a good reason, for instance, a legal reason or where We are required to do so by OFCOM or any other regulatory body. We will endeavour to give You 30 days’ Written Notice if We have to do this. The new phone number will apply to Your SIM Card once any notice period that We are able to give You has run out;

3.1.4 We reserve the right to recall any SIM Card from You at any time to enhance or maintain the quality of the Services or Equipment.
 


4. Our Services Network and access to Services

 

4.1 At any time Our Network comprises lots of different types of technologies. The Services are made available provided You are in range of base stations forming part of the relevant technological Network when trying to use any particular Service. For example, You can only use 3G Services when You are in range of a 3G base station and You can only use 4G Services when You are in range of a 4G base station (which may only be available in certain geographical areas). You may have to connect to a particular Price Plan and/or use particular Equipment to gain access to certain Services. You should check Your coverage using the coverage checker on Our website before requesting the Services. Any coverage maps are Our best estimate of Our outdoor coverage but not a guarantee of service coverage which may vary from place to place.

4.2 You may use the Services to contact the emergency services for free by calling 999 or 112 (or by sending an SMS to 999 if You are registered to contact emergency services by SMS) provided You are in range of a base station forming part of Our Network. If You are not within range of one of Our base stations, or if Our base station is not transmitting for any reason, the Equipment may try to use another mobile network to connect Your call to the emergency services. Depending on the Equipment You use, Your approximate location (using Network, global positioning satellite network information and Wi-Fi data) may be provided to the emergency services via functionality built into the Equipment. See Your Price Plan terms and conditions for any other restrictions on access to emergency services.

4.3 We will always try to make the Services available to You, using the reasonable skill and care that would be expected of a competent mobile communications provider, but sometimes they may be unavailable as a result of, or be affected by:
 

4.3.1 things like the weather and faults in other networks;

4.3.2 the number of people using the Network or maintenance requirements of the Network including (but not only) re-positioning and/or decommissioning of base stations;

4.3.3 Your location when using the Services. For example, coverage is affected if You are indoors and/or by the thickness of the walls; or

4.3.4 the country You use the Services in. Some overseas networks do not provide the same coverage as in the UK. You also may not be able to use some of the Services when You are Roaming.

4.4 Where there is disruption to the Network (including disruption described at point 6.1.1) You must let Us know by calling Us. We’ll investigate and take steps to resolve the disruption reported.

4.5 We would pro-rate your Monthly Charges or other recurring Charges by up to 100% during a reported period of Network disruption where:

4.5.1 the disruption reported impacts the parts of the Network and the Services You most frequently use; and

4.5.2 the disruption is considered to be severe based on Your previous usage history and Our reasonable assessment of the impact of that disruption on You, using appropriate diagnostics tools; and

4.5.3 an alternative mode of accessing the disrupted Services is unavailable to You.

4.6 We reserve the right to manage Your use of Our Network in order to protect it for the use of all of Our customers. We may therefore apply traffic management controls from time to time. Details of Our current policy are on Our website.

Use of Services (Things You must not do with the Services)

4.7 The Services are made available provided that You also comply with the following conditions, which are a fundamental part of this Agreement between You and Us:

4.7.1 the Services are not used for anything unlawful, immoral or improper. Without limiting the foregoing, We will decide that the Services are being used improperly if You call and/or text more than 300 different numbers in a month;

4.7.2 the Services are not used to make offensive or nuisance communications in whatever form, or to make or receive reverse charge calls;

4.7.3 the Services are only used with Equipment authorised for use with the Network and all relevant laws and rules are followed;

4.7.4 the Services 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, an infringement of copyright or any other intellectual property right or otherwise unlawful;

4.7.5 the Services are not used to access or use Content in a way that infringes the rights of others;

4.7.6 the Services are not used otherwise than in accordance with Our and any other networks’ policies for acceptable use, and (if appropriate) any relevant internet standards;

4.7.7 You give Us information We reasonably ask for;

4.7.8 all reasonable instructions We give You are followed;

4.7.9 You comply with any fair use policy applicable to Your use of the Services and if You are in breach of that policy You comply with any reasonable instructions that We issue to You to enable You to remedy that breach and to continue to use the Services;

4.7.10 You must not operate, without obtaining prior written consent from EE, 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 a GSM Gateway, commonly known as a ‘SIM box’

4.7.11 You must not operate, without obtaining prior written consent from EE, 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 a GSM Gateway, commonly known a, including but not limited to:

4.7.11.1 a device used to forward or divert Services with the intention of reducing Your Charges for that call; or

4.7.11.2 illegal repeaters (a device to boost coverage which is unlicensed and used without Our express prior written consent);

4.7.12 You must not use the Services for any fraudulent or other unlawful purpose, whether You’re acting alone or in collusion with anyone else. You are not permitted to use the Services, whether manually or automatically, so as to retain any direct financial gain, revenue share or benefit in kind, in return for your use of the Service, including where Your financial gain has derived from the termination charge payable by EE for calls on its Network;

4.7.13 You must not sell, or attempt to sell, or otherwise provide commercial services using Our Network to any third party without Our express prior written consent;

4.7.14 You, or anyone who uses Your SIM Card, must not damage the Network or put the Network at risk, or abuse or threaten Our staff;

4.7.15 any information You give to Us, on which We may rely in making decisions concerning the provision of Services under this Agreement, must be true at the time You give it;

4.7.16 You must give Us any deposit or extra deposit that We ask for;

4.7.17 You comply with any requirement of Ours to set up an online account for billing purposes (see point 5.5.3); and

4.7.18 You must not access any Age Restricted Services unless You are older than the required age. If You are allowed to access Age Restricted Services, You must not show or send content from the Age Restricted Services to anyone younger than the specified age.

4.8 By using the Services You consent to Us copying and/or modifying images or information You have created where such copying and/or modification is carried out for the purposes of transmission. This also applies where You use the our apps or internet-based platforms.

Services near a border/outside UK

4.9 If You access the Services on or near the border of the Network and the network of any third party, You agree that You may not be able to access the Network but may instead be connected to the network of one of Our Roaming partners. Calls that You make will then be charged as if You were Roaming and those calls will not come out of any Allowance (unless the relevant Plan Price Guide states otherwise).

4.10 Allowances which include (or Charges which are for) calling a UK mobile number will exclude calls to networks in the Isle of Man and the Channel Islands. Calls to customers of certain UK mobile networks may also be excluded. Please refer to Our Non Standard Price Guide for details.

4.11 We’ll use Our reasonable efforts to make commercial arrangements to enable You to access other networks so that You can use the Services whilst Roaming. We can’t guarantee the quality and coverage that any other network may provide. Additional Charges for Roaming are set out in Our Non Standard Price Guide. You may have to ask Us to set up Your Account for Roaming.

Other

4.12 We will allocate You a phone number to use with the Equipment on the Network. The phone number is licensed to Us by OFCOM. You may also use a phone number transferred to Us from another mobile network operator. You may be able to take the phone number with You when You leave Our Network. If so, We will transfer the phone number to or from Our Network. If there is a delay or something goes wrong with the transfer We will compensate You. Please see Our website for more information on transferring a phone number.
 

5. What and how You pay

Information about Charges

5.1 Our Charges are set out in Our booklets of charges, called Plan Price Guide and Non Standard Price Guide. We update these booklets from time to time. You can obtain up to date copies by referring to Our website or calling customer services.

5.2 All Our Charges are exclusive of VAT. You shall pay an amount inclusive of any VAT.

5.3 You may pay Charges in two different ways. You will pay for certain Services as a Monthly Account and You may pay for other Services as a Pay As You Go Account

5.4 We may set and change credit limits for Charges. We can suspend Your access to the Services if Your limit is exceeded. Charges are not capped. by any limit We set as some Charges, for example 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 under point 6.1.2.

5.5 Monthly Account

5.5.1 We will make the bill for Your Monthly Account available to You every month by a method of Our choosing, currently post or electronic means. You must pay Your bill by the date set out on it, whether or not Your Allowance is consumed by You or by another person, with or without Your permission. If You haven’t used all of the Allowance by the time We bill You, it will expire and Your Allowance will then start again on each monthly bill date. On Your bill, We’ll include the “per Unit” cost for Your Allowance to help You understand the value You’re getting from Your Price Plan. Additional Services and Additional Commitment Services may be charged in arrears or in advance, as set out in Our Non Standard Price Guide. Other Charges are for the month just passed and any earlier time if not previously charged for.

5.5.2 If You receive Your bill by post, We will make the bill available to You by sending the bill to the postal address that You registered with Us when You joined or, if You have notified Us of a change in postal address, to that new postal address.

5.5.3 If You receive Your bill electronically, We will make the bill available to You through an online account. It’s Your responsibility to set up Your online account. Your online account will tell You the date that Your bill is to be made available to You each month. In addition to this, You can ask Us to send You a monthly notification that Your bill is ready to be viewed. That notification may be by sending a message to Your SIM Card or by sending an email to the email address that You provide.

5.5.4 If You have not paid all or part of Your bill by the date set out on it You may have to pay a late payment Charge. We won’t ask You to pay this Charge if You make a part payment as described in point 5.6.2 below. You will also have to pay the reasonable costs (including debt collection agency costs) of collecting any late payment from You.

5.5.5 You may have to pay additional Charges, the amount of which is set out in Our Non Standard Price Guide, for example: the Separate Payment Handling Charge; or the Charge to reconnect You to the Services (see point 6.5); or the Charge for a paper or paper itemised bill; or the Charge if You try to pay Your bill and that payment fails (see point 5.5.4).

5.5.6 Any discount on a Monthly Charge, an Additional Charge or an Additional Commitment Service Charge We give You will end on the earlier of one of the following events:

5.5.6.1 when the period for which the discount was advertised comes to an end (e.g. a discount for the first 6 months of Your Price Plan only); or

5.5.6.2 when Your Minimum Term comes to an end; or

5.5.6.3 when We provide You with a Renewal or Upgrade; or

5.5.6.4 where You have a Monthly Charge discount because You have another agreement with Us (for example a home broadband agreement or an additional SIM Card) the discount will be removed when You terminate either this Agreement or the agreement for that other service.

5.6Pay As You Go Account

5.6.1 We may allow You to pay for some Services in advance on a pay as you go basis. When You top up with pay as you go credit, We will apply credits to Your Pay As You Go Account, and deduct Charges from that credit for those Services You pay for using this Account. We will deduct Charges from that credit at the rates set out in Your Price Plan Guide or the Non Standard Price Guide but in accordance with these Pay As You Go Account conditions.

5.6.2 We reserve the right to use credit balances from Your Pay As You Go Account to offset any amount You may owe Us for Services You pay in arrears. Pay as you go balances will only be applied against Your Monthly Account where Your Monthly Account is put into suspension for non-payment, or in accordance with point 5.8.

5.6.3 As Charges are incurred they will be deducted from amounts credited against Your Pay As You Go Account. Charges are deducted at the time that You use a Service for which there is a Charge. If You have selected Additional Services or Additional Commitment Services with a periodic service Charge, the Charge will be deducted at the time(s) and for the period(s) set out in Our Non Standard Price Guide. You are responsible for all Charges correctly deducted in accordance with this point 5.6.3.

5.6.4 If, at the time We attempt to deduct a periodic Charge from Your Pay As You Go Account, You do not have enough credit on Your Pay As You Go Account to pay that Charge, that Charge will fail and You will not be able to use the Service for which We were attempting to Charge You.

5.6.5 When all credits on Your Pay As You Go 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 sufficient credit is made to Your Pay As You Go Account. In these circumstances 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 Card is connected to the Network. You may still receive calls and text messages (except for any reverse billed Services) whilst Your SIM Card is connected to the Network.

5.6.6 You must also have sufficient credit on Your Pay As You Go Account to enable You to make a call of one minute’s duration, to send (or receive) the Service in question or to send or receive a minimum of 24 kilobytes of data. Minimum balances reserved for the first Service activated will not be available for any subsequently activated yet concurrently used Service. Services used simultaneously will be charged for simultaneously. We will not pay interest on top up credit held on Your Pay As You Go Account.

5.6.7 We will not refund pay as you go credit in any circumstances except as set out in point 8.5 below.

Charges Generally

5.7 You are responsible for all Charges applied to Your Account, except Charges applied after You called customer services to advise Us that.

5.7.1 Your SIM Card has been lost or stolen (see point 3.1.1); or

5.7.2 the Equipment and/or Service has been used by an unauthorised third party (see point 9.5); or

5.7.3 the Equipment has been infiltrated by a Virus (see point 13.8).

5.8 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..

5.9 You shall be required to pay a deposit (or an extra deposit) as security for the Charges if We have a good reason to require it, 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 will not pay interest on deposits. We can use Your deposit to pay what You owe except where You have followed the process for disputed Charges outlined at point 6.6 below. If You don’t pay the undisputed amount by the date of Your bill or tell Us not to use any deposit to pay the disputed amount, then We will use any deposit and/or any pay as You go credit balance to pay the disputed sum.

5.10 Charges for Services You have used may be applied against Your applicable Allowance(s) on the date that We process them, which may be later than the date that You used those

5.11 Charges for calls and messages to certain numbers outside of those permitted in Your Allowance, such as premium rate numbers or non-geographic numbers, are set out in the Non Standard Price Guide.

5.12 We may use credit reference agencies to help Us verify Your identity, make credit decisions or for fraud protection. You agree that We may register information about You and the conduct of Your Account with any credit reference agency or CIFAS (the UK’s fraud prevention service). For the purpose of fraud prevention and credit management, information about You and the conduct of Your Account may be disclosed to financial institutions and other companies. Such information may also be passed to debt collection agencies for debt collection purposes. Sometimes if there is insufficient information to enable Us to make a credit decision, We, and Our credit reference agencies, may also use information about other people financially linked to You (such as spouses, partners, family members, household members).

5.13 You may be able to use the Service to buy goods and/or services from third parties. You may be able to pay for that through Your Monthly Account or Your Pay As You Go Account. It is Your decision whether or not to enter into a legal relationship with that third party, who You may not have heard of or bought from before. If You do buy from a third party using the Service, unless We say otherwise, You will have a direct relationship with that third party even if You pay for the goods and/or services with Your Account. As We will not be a party to that agreement between You and that third party, We won’t be in any way responsible for any loss or damage You may suffer because of Your contract with that third party

5.14 If the SIM Card and/or the Equipment is lost, stolen or damaged You will be responsible for any Charges incurred until You have informed Us of the loss.

5.15 By entering into this Agreement You authorise the end users on Your Account to incur Charges without prior permission from You. Please see Our Plan Price Guide and Non Standard Price Guide for a list of Charges and Services which end users can add to Your Account without prior permission from You.
 

6. When We may Suspend, Disconnect or terminate the Services

6.1 We may Suspend the Services without warning if:

6.1.1 the Network breaks down or needs maintenance. We will try to make sure this does not happen often; or

6.1.2 Your credit limit is exceeded (see point 5.4); or

6.1.3 We reasonably believe there is fraudulent use of a payment card in relation to Your Account.

6.2 We may Suspend and/or Disconnect the Services and/or terminate the Agreement without warning if:

6.2.1 You or anyone who uses Your SIM Card and/or the Equipment does not keep to the conditions of this Agreement or any other Agreement with Us or Our Group Companies;

6.2.2 You don’t pay any bill by the date set out on it;

6.2.3 You fail to comply with any of the points in point 4.7;

6.2.4 any step is taken to make any kind of arrangement that would compromise Your liability to pay Your debts; or (A) if You are an individual and You are unable to pay Your debts or if any step is taken to make You bankrupt; or (B) if You are a company or other organisation and You become unable to pay Your debts (within the meaning of section 123 of the Insolvency Act 1986) or any step is taken to appoint an administrator, liquidator (for a reason other than solvent reorganisation), or receiver over You or any of Your assets. We can also terminate this Agreement if something similar (in any country) happens or if We think any of these things may happen;

6.2.5 any licence of Ours to run the Network is ended;

6.2.6 We reasonably suspect fraudulent use of the Network and/or Services based on any and all data available to Us;

6.2.7 We identify a calling pattern or patterns that are disproportionate to the overall type, amount, duration and/or extent of calls which We would expect from good faith usage of Our Network or Services;

6.2.8 We have Disabled the Equipment as described at point 11.2.

6.3 If We terminate this Agreement for a reason given under point 6.2, except if We terminate under 6.2.5, You must pay Us everything that You owe, including any Cancellation.

6.4 You are liable for all Charges during any period of Suspension or Disconnection, including those described at point 4.5) unless We decide otherwise..

6.5 Following a period of Suspension or Disconnection We can charge to reconnect You to the Services except where something in point 6.1.1 happened. We can change Your Payment Terms as a condition of reconnection. If Your Services are Suspended or Disconnected for more than 60 days, You may also have to pass a credit check to reconnect the Services.

6.6 We will not Suspend and/or Disconnect and/or terminate for non-payment of a bill under point 6.2.2 if You have a genuine dispute with Us and before the date by which Your bill must be paid, You have written (see point 14.6) to Us setting out the details of Your dispute, including the amount of Your claim against Us and the amount You intend to withhold as disputed. 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 don’t, then We can terminate this Agreement immediately. Your right to withhold payment will end once We revert back to You with a response, which will be reasonable and take into account all relevant regulations and circumstances. You may have the right to take Your complaint to the Ombudsman Services dispute resolution scheme or to the Financial Ombudsman Service as described at points 14.9 or 14.10 below.

6.7 Our rights set out in here are in addition to any other legal rights We may have against You under point 11.

 

7. Changing Charges and Services

7.1 We can lower any Charge at any time without telling You beforehand, although We will try to tell You if We can.

7.2 We can suspend, change, increase the price of or withdraw part or all of the Additional Services on giving active users of the Service a reasonable period of Written Notice. The change will then apply to You once that notice has run out.

7.3 We can suspend, change or withdraw Your Price Plan, Price Plan Services or Additional Commitment Services. We will give You Written Notice 30 days before We do so. The change will then apply to You once that notice has run out.

7.4 Your Price Plan Charge and the Charges for Additional Commitment Services include an annual price increase, which will be the annual percentage increase in the Retail Price Index (RPI) published by the Office for National Statistics. The increase will take effect in March of each year and use the RPI figure published in January of that year. If the RPI figure is negative, there will be no change to Your Price Plan Charge in the relevant year.

7.5 We can increase Your Price Plan Charge, or any other Charges, if We are required to do so as a result of any new legislation, statutory instrument, government regulation or any new taxation which We need to pass on to You as a matter of law.
 

8. Your termination rights

8.1 You can give Us notice to terminate this Agreement by calling customer services and providing Us with 30 days’ notice, at any time..

8.1.1 If (except as set out in point 8.4) in Our total discretion, We accept notice from You to terminate this Agreement within the Minimum Term, You will have to pay Us a Cancellation Charge and, if applicable, the Additional Commitment Service Cancellation Charge You may be entitled to a discount on Your Cancellation Charge, see Our Plan Price Guide or Non-Standard Price Guide for details.

8.1.2 You can terminate this Agreement without having to pay Us a Cancellation Charge after the Minimum Term has ended. You will have to pay Your Charges for Services during the 30 day notice period.

8.2 Subject to point 8.1, Your Agreement or the Additional Commitment Service will terminate in accordance with one of the following termination procedures:

8.2.1 Termination without a PAC. If You do not request a PAC Your Agreement will terminate at the end of the 30 day notice period. You are free to change Your mind and call Us to withdraw Your notice of termination at any time during the 30 day notice period.

8.2.2 Termination with a PAC. PACs are made available upon request and last 30 days from issue. If You request a PAC on or after the date You give Us notice to terminate this Agreement, Your Agreement will terminate once it has been used. If You don’t use the PAC within its validity period, it will expire and this Agreement will continue until You terminate using the process described at 8.2.1.

8.3 You will be responsible for all Charges up to and including the date that this Agreement terminates. If the Agreement terminates before the expiry of the 30 day notice period, You’ll have to pay a Charge, as described in Our Non-Standard Price Guide. If Your Price Plan Service or the Agreement is terminated, the Additional Commitment Service will automatically terminate.

8.4 A Cancellation Charge and/or an Additional Commitment Service Cancellation Charge won’t apply if You are within the Minimum Term and:

8.4.1 Our entitlement to operate the Network ends at any time; or

8.4.2 Your access to Our Network is permanently disrupted and in accordance with point 4.5 Your Monthly Charges are reduced by 100% for the remainder of Your Minimum Term; or

8.4.3 You are a Consumer and the change that We gave You Written Notice of in point 12.3 is of material detriment to You and You give Us notice to immediately cancel this Agreement before the change takes effect; or

8.4.4 We have given You Written Notice of an increase in a Price Plan Charge that is higher than the annual percentage increase in the Retail Price Index (RPI) as calculated in point 7.4; and

8.4.5 You give Us notice to immediately cancel this Agreement before the change takes effect.

8.5 If You are terminating this Agreement and a Cancellation Charge doesn’t apply because the circumstances outlined in point 8.4 have occurred, You can then ask for a refund of any unused Pay As You Go Account balance that You may have.
 

9. Internet access

9.1 If You have Equipment which enables You to access the internet, this section applies to You.

9.2 We may have to change, suspend, withdraw or (if applicable) increase the price of Content without giving You any warning. The new nature of the Content will be clear before You buy the Content following any change and if You then purchase the Content following the change, We will take that as acceptance of the new Content and its price.

9.3 We may provide links to other third party websites which may include links to the websites of Our partners. Any such content or webpage that You access (directly or indirectly) is the responsibility of the third party who makes that content or webpage available to You. We don’t check (and so We don’t necessarily recommend) what is available on any third party website. We can’t make any promise to You about whether the content on any third party website is accurate, complete or reliable. We also cannot promise that the website will work for as long as You need it or whether it will even work at all.

9.4 You (and not Us in any way) are entirely responsible for anything that You upload, e-mail, post or otherwise transmit via internet access. You agree that You will obey any acceptable use policy or fair use policy that We may have. If You fail to do so, points 4.7.9 and 5.7 will apply.

9.5 Your ability to access a secure internet environment will be dependent on the Equipment and the third party supplier of any Content. You are responsible for any Charges incurred by any unauthorised third party who uses the Equipment and/or the Service as a result of any breach of that security, whether You use any security tools at Your disposal, or not.

9.6 This point 9 will apply even after this Agreement has been terminated.

 

B – Equipment

 

10. Equipment

10.1 You may get Equipment from Us directly when You take out a Price Plan, whether for free or for an upfront cost. Unless We tell You otherwise, or You get Equipment under a Finance agreement, We will own any Equipment provided to You by Us for the first six months of the Minimum Term.

10.2 If You take out a Price Plan via a third party who is not EE and get Equipment from that third party when You take out the Price Plan, that third party may own any Equipment provided to You by them for the first six months of the Minimum Term. If this is the case, that third party will tell You this point 10 applies.

10.3 During the six month period, You:

10.3.1 must not sell or otherwise permanently give the Equipment to anyone else without prior written consent from Us or the third party who provided the Equipment not to be unreasonably withheld;

10.3.2 must take all reasonable care of the Equipment and keep it in reasonable condition (subject to usual wear and tear) as if You owned it. The risk of damage to the Equipment shall pass to You on its delivery so You are responsible for paying for any repair or insurance policy; and

10.3.3 cannot change or alter the Equipment, other than standard software updates and app purchases.

10.4 After six months of the Minimum Term, and provided You have not broken any condition of this Agreement according to point 11.3 below, You will automatically own the Equipment.

10.5 Any Equipment that We provide to You will be locked to Our Network. It may not be possible to unlock such Equipment so that it can be used on the network of another mobile provider. If the Equipment can be unlocked, We may charge You for this service. Please see Our Non Standard Price Guide..

10.6 By using the Services and the Equipment provided to You, You consent to Our collection of Equipment details and network data from the Equipment (using software embedded on the Equipment) which may include:

10.6.1 Your IMEI (information which identifies the Equipment);

10.6.2 Your IMSI (a SIM card’s unique identification);

10.6.3 the operating system You are using; and

10.6.4 Your IP (Internet Protocol) address, in order to Disable the Equipment under point 11.2.

10.7 If You give Equipment provided to You to someone else to use on Our Network (for example, if You are paying for the Equipment for a family member), You agree that You have told that person about the software and collection of data as explained in point 10.6 above and obtained their consent to this.

10.8 You will need compatible Equipment and/or a compatible Price Plan to access some Services, for example 4G Services. Unless We supplied any Equipment, You are responsible for ensuring that it is compatible with the Services, and has the necessary software updates and installations required in order to access the Services. You must follow any instructions that We give You about accessing the Services through the Equipment.
 

 

11. When We may Blacklist and Disable the Equipment

11.1 In order to protect the Network and the Services for the use of all Our customers and in accordance with point 10 above, We will identify fraudulent use of Equipment based on any and all data available to Us and will then take steps if We know or have reasonable grounds to suspect that fraud has taken place.

11.2 Where We identify fraud has taken place We will:

11.2.1 Disable the Equipment where:

11.2.1.1 We own it pursuant to point 10.1 above; or

11.2.1.2 A third party owns it pursuant to point 10.2 above and that third party has given Us the right to Disable it; and/or

11.2.2 place the Equipment on a Blacklist.

11.3 The following situations are indicative of where We will assume fraud has taken place. However, We may use Our rights to Blacklist and/or Disable the Equipment in other situations where We reasonably believe fraud has occurred:

11.3.1 You do not pay any bill within the first six months of this Agreement;

11.3.2 We detect that the Equipment has never been used in the UK and is being used outside the UK without Our knowledge or consent and with a SIM card that has not been supplied by Us;

11.3.3 You tell Us that Equipment has been lost or stolen;

11.3.4 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, including fraudulently obtained financial details.

11.4 We will try to send You reasonable Written Notice before We take any of the steps above, but We do not have to as We may have to act quickly to prevent the damage from any potential fraud increasing.

11.5 We will restore services and remove any Blacklist or Disable once We are satisfied that there is in fact no fraudulent use of the Equipment by You or any third party. That may include You paying any sums that are owed to Us under this Agreement, including the Cancellation Charge. We may charge You the cost of enabling the Equipment except where there has been a genuine error or dispute (see point 6.6 above). We can change Your Payment Terms as a condition of this.

11.6 Point 11.3.1 will not apply if You have a genuine dispute with Us and before the date by which Your bill must be paid, You have written (see point 14.6) to Us setting out the details of Your dispute, including the amount of Your claim against Us and the amount You intend to withhold as disputed. 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 don’t, then We can terminate this Agreement immediately. Your right to withhold payment will end once We revert back to You with a response, which will be reasonable and take into account all relevant regulations and circumstances. You may have the right to take Your complaint to the Ombudsman Services dispute resolution scheme or to the Financial Ombudsman Service as described at points 14.9 or 14.10 below.

11.7 The rights in this point 11 are in addition to Our rights to suspend and or disconnect the Services and/or terminate the Agreement under point 6.
 

C – General

 

12. Changes to Our Agreement

12.1 We will make a copy of Our current version of these terms and conditions available on Our website. We can change this Agreement for any good reason, for instance, where it is necessary to make administrative changes to Our registered name, address or customer service contact details or if We want all customers on the same conditions. We will tell You about the change beforehand, as explained here.

12.2 If You are a Consumer and the change of terms and conditions is not of material detriment to You or You are not a Consumer, We will send You Written Notice 30 days before the terms and conditions are due to change. The new terms and conditions will automatically apply to You once that notice has run out.

12.3 If You are a Consumer and the change is of material detriment to You, We will send You Written Notice 30 days before the terms and conditions are due to change. The new terms and conditions will apply to You once that notice has run out, unless You terminate Your Agreement with Us within that notice period. If You do this You won’t have to pay any Cancellation Charge that would otherwise apply, see point 8.1.

12.4 We can change these terms and conditions if new laws or rules make it necessary or where We are required to do so by OFCOM or any other regulatory body. We will endeavour to give You 30 days’ Written Notice if We have to do this. The new terms and conditions will automatically apply to You once any notice period that We are able to give You has run out.
 

13. Our Liability to You

13.1 We are only liable to You as set out in this Agreement. We have no other duty or liability to You.

13.2 Nothing in this Agreement removes or limits Our liability for death or personal injury caused by something We have done or failed to do or for any fraudulent misrepresentation We may have made to You.

13.3 Except as set out in points 13.1 and 13.2, Our total liability to You for something We or anyone who works for Us does or does not do will be limited to a maximum of £10,000 for all incidents under this Agreement.

13.4 If You are not a Consumer, We are not liable to You in any way for any loss or damage that was not reasonably foreseeable at the time You entered this Agreement. This includes but is not limited to loss of income; business; anticipated savings (meaning costs You expected to avoid by using the Equipment or Services) or anticipated profits, loss of property or loss of use of property.

13.5 If You are 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.
13.6 You must tell Us about any claim as soon as reasonably possible.

13.7 We will not be liable to You if We cannot carry out Our duties or provide Services because of something beyond Our control.

13.8 We will not be responsible for any harm You suffer from a Virus which infiltrates the Equipment, whether it was transmitted via the Services or otherwise. You remain responsible for all Charges applied to Your Accounts for the use of any Services activated by such a Virus.

13.9 We will not be responsible for any harm incurred as a result of unauthorised third party use of the Equipment and/or Services (see point 10.7). Subject to point 5.7 above, You remain responsible for all Charges applied to Your Accounts arising from the use of any Services by that third party.

13.10 This point 13 will apply even after this Agreement has been terminated.
 

14. General

14.1 You need to get Our explicit prior consent before You can 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.

14.2 We may monitor or record any conversations between You and Our staff for authentication, security, quality and training purposes..

14.3 We may send notices to either Your postal address, Your online account, Your email address or Your SIM Card and/or the Equipment You use regardless of how Your bill is made available to You. We may also send You ‘over the air’ updates to Your Equipment which may make some minor adjustments to the functionality or display on the Equipment. You’ll need to accept these changes which may include doing anything reasonable We request. You will not be able to opt out of receiving these notices.

14.4 You must phone customer services straightaway about any change in Your postal address or email address. It’s Your responsibility to make sure that the email address that You give Us is correct, current and works at all times. If You change Your email address or it stops working for any reason, You must notify Us immediately. If You fail to inform Us of any change, We will continue to make Your bill available to You by either (depending on how You receive Your bills) sending it to the last postal address that You gave Us or making Your bill available in Your online account and sending any notification to the last email address that You gave Us. Those bills will be payable in accordance with point 5.5.

14.5 We aren’t responsible for messages that don’t get to You because the Equipment is turned off or not connected to the Network.

14.6 Unless otherwise stated in this Agreement, any notices from You to Us must be sent to Our registered address, details of which may be found on Our website. It is currently: EE Limited, Trident Place, Mosquito Way, Hatfield, Hertfordshire AL10 9BW.

14.7 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.

14.8 This Agreement shall not confer any benefit on a third party under the Contracts (Rights of Third Parties) Act 1999.

14.9 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 adjudication under the Ombudsman Services dispute resolution scheme, the details of which are set out in Our Complaints Code of Practice. We will give You a copy if You ask for it. You can find details of Our Complaints Code of Practice on Our website at www.ee.co.uk.

14.10 If You have a complaint which relates to Our referral of You to a Finance agreement provider and We fail to resolve that complaint to Your satisfaction, You may be able to refer Your complaint to the Financial Ombudsman Service. You can find details of Our Complaints Code of Practice on Our website at www.ee.co.uk.

14.11 If a point or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any point or condition that is not legally effective with a point or condition of similar meaning that is.

14.12 If You’re not a Consumer, this Agreement is the whole agreement between You and Us. Any other information that You may have seen or heard before You entered into this Agreement isn’t included.

14.13 If You have any questions or require help or support You can contact Us by calling customer services. In addition, You can go to the help and support pages of Our website.
 

15. Your Information

15.1 You confirm that the information that You provide to Us, including Your registration details, is true, accurate and complete. You agree to inform Us immediately of any changes to Your details by contacting Our customer services.

15.2 We will use Your personal information in accordance with the terms of this Agreement and Our privacy policy which You can find on Our website and which is incorporated in this Agreement by reference.

15.3 We and/or Our Group Companies will use Your personal information for providing the Services, Equipment and related products to You, administration of Your account and billing (which may include sending you service messages by email or SMS), advertising, marketing, research, analytics, credit scoring, customer services and for profiling Your preferences. We will disclose Your information to Our service providers to help Us with these purposes and to other organisations described in Our privacy policy. We will keep Your information for a reasonable period after Your contract with Us has finished in case You decide to use Our Services again and may contact You about Our Services during this time if you have not opted out of marketing.

15.4 You agree that We, Our Group Companies and Our service providers can use information about You, including information about Your use of Our Network, Services and related products and the location of the Equipment You are using on Our Network, to tell You about products, services or promotions offered by Us and third parties that may be of interest to You. We may contact You by post, email, phone, electronic messaging (including but not limited to SMS and MMS) or online or via applications. If You would prefer not to receive direct marketing communications from Us, simply let Us know by calling 150 from an EE phone and We will stop sending them to You or follow the instructions in the marketing communication. Please note that this will not stop You from receiving service messages from Us Please see Our privacy policy on Our website for further details. If You will be giving the Equipment to someone else to use on Our Network (for example, if You are paying for the Equipment for a family member), then You agree that You have told that person that We will use their personal information in accordance with Our privacy policy and obtained their consent to this.

15.5 You have a right to ask for a copy of Your personal information (for a small charge) and to correct any inaccuracies. Please see Our privacy policy for further details.

15.6 In the event of a personal data security breach that affects You, We will notify the relevant authorities, and if appropriate, We will notify the subscriber or user of Our Services who is affected by the breach in writing. A personal data security breach that affects You (or the user) does not give You the right to terminate this Agreement.

15.7 We may transfer Your personal information to countries outside of the European Economic Area, which do not always provide the same level of data protection as the UK, for the purposes of providing You with Our Services. If We do make such a transfer, We will put a contract in place with Our service providers including security obligations on them to ensure Your information is protected in accordance with UK standards.

15.8 We will carry out any activity or disclosure of Your personal information to comply with Our legal and regulatory requirements, for law enforcement purposes and to detect, prevent or investigate crime, fraud and misuse of or damage to Our Network, Services and related products.

15.9 You have a right to choose whether Your details are included in directory listings, including the phone book. If You want Your details included, please contact customer services.
 

    Terms and
    Conditions for using
    the Three Network

      for Pay Monthly customers
      who joined or upgraded on
      or after 29 May 2015.
Three Network

 

        If you’d like a copy of these Terms in an alternative format (e.g. Braille or large print) please contact Three Customer Services on 333  from your Three
        Phone or 0333 338 1001from a non-Three phone. For more information on Three’s accessibility services please seeThree.co.uk/accessibility
  
        Quick Summary

        Here’s a quick summary of some of the key points that we’d like you to be aware of. The full terms of your agreement with Three are below – it’s
        important  that you read and understand them before you sign up to Three and start using Three Services. At the end of these Terms we’ve set out
        definitions of capitalised words used in these Terms. If there is any inconsistency between this summary, and the full terms set out below, the full terms
        will apply.

        A. Your Minimum Commitment: You agree to stay with us for the Minimum Term. The minimum price for Three Services provided under this agreement is
            the Monthly Charge for the Minimum Term. Each May, your Monthly Charge will increase by an amount up to the January RPI rate (published each
            February),unless you’re on a SIM plan, in which case your      
 

                               new-monthly-(1).jpg

 

        Monthly Charge will remain the same. If the January RPI rate is negative, there will be no change to your Monthly Charge in the relevant year. We’ve
        shown an example in the table below:

        B. Changes to Prices: we may increase Charges for our Outside of Allowance Services. If we do, we’ll let you know at least one month in advance if we
            believe the changes are likely to be of material detriment to you and you regularly use the Outside of Allowance Services affected. You may be able
            to end your agreement in these circumstances. We may also change or introduce new Charges for Additional Services or Add-Ons. We’ll publish any
            changes on our website. You won’t be able to end your agreement with us in these circumstances. See Sections 4.2 – 4.4 and 10.1 below.

        C. Our Network: We’ll try to provide you with a great quality Three Network at all times within our coverage area. However, due to the nature of mobile
            technology, there may be times when Three Services aren’t continuously available or the quality is affected. Problems can happen if we’re carrying
            out maintenance work, if you’re outside our coverage area, or if you’re in a tunnel for example. See Sections 5.11 and 5.12 below.

        D. Breaking this Agreement: If you don’t pay your account on time or we reasonably believe that you haven’t complied with certain terms of your
            agreement, we may suspend or disconnect Three Services, but you still must pay all outstanding Charges (including a Cancellation Fee for
            disconnection). See Sections 9 and 10.3 below.

        E. Ending this Agreement: How you can end your agreement depends on whether you’re in your Minimum Term or not, and whether we’ve made any
            changes to you agreement that are likely to affect you. Please see the below table for a summary of how and when you can end your agreement.


                                Three31-(1).png

                   
 

         The Cancellation Fee will be the total of the Monthly Charges remaining during the Minimum Term of your agreement less a discount of:

             (i) 3% for new connecting customers who are in the first Minimum Term of their agreement with us; or

             (ii) 10% for existing customers who have signed up to a new agreement with us for a further, subsequent Minimum Term. See Section 10.1 below.

         F.  Your Information: You agree that we can process your information which we collect and / or which you give to us during any sales or registration
             process, for a number of purposes, including, but not limited to, opening and managing an account for Three Services, to deliver products and
             services ordered by you, for credit checking and fraud prevention, and for product analysis and direct marketing (subject to your preferences). See
             Section 13 below.

     

Your Pay Monthly Terms in full



       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 ‘Three’;

                (b) ‘you’ or ‘your’, we mean you, our customer whose name appears on the Welcome Letter;

                (c) ‘agreement’, we mean your agreement with us for the supply of Three Services. Section 2.1 explains what terms make up your agreement.

       1.2 We’ve set out at the end of these Terms definitions of the capitalised words we use in these Terms.

       2.   About your agreement

       2.1 Your agreement is made up of these Terms and your Package (as set out in our Price Guide), along with any other terms laid down in additional  
             Three  Services. Additional terms may apply to any promotional or special offers.

      2.2 Your agreement is personal to you. Unless we give you permission, you can’t pass your rights or responsibilities to anyone else – even if we give
             you more than one SIM or you give your Device to others. It’s your responsibility to make sure the SIMs are only used to access Three Services as  
             allowed under this agreement.

      2.3 This agreement doesn’t cover:

             (a) any products or services you buy while using Three Services; or

             (b) the supply of your Device.

      3. When your agreement starts

      3.1 Your agreement for the provision of Three Services, starts when we Connect you to Three. By inserting your SIM you’re expressly requesting that we
            provide you with the Three Services. For existing customers who have upgraded with us by signing up to a new agreement for a new Minimum Term,
            your new agreement will start on the day we accept your new request for Three Services, unless we agree an alternative date with you.

      3.2 If you signed up to your new agreement through Three.co.uk or Three Telesales or Three Customer Services you may cancel your agreement within
            the Returns Period. If you use Three Services before you cancel you will be charged for them. Please remember that it can take up to 3 months for
            some international and Premium Services to be applied to your bill. Please see our Returns Policy at Three.co.uk/Returns for more information.

      3.3 If your Package has a Minimum Term, you agree to remain Connected to Three for that Minimum Term. You have limited rights to end the agreement
            during the Minimum Term as set out in Section 10. If your Package doesn’t have a Minimum Term, or your Minimum Term has ended, we’ll supply you
            with Three Services until either of us chooses to end the agreement in any of the ways set out in Section 10.

      4. Changes to your agreement or prices

      4.1 Your Monthly Charge will be subject to an annual increase by an amount up to the RPI Rate. The annual increase will first appear on your May bill. We
           will publish the RPI Rate on our website as soon as it’s available. If the RPI Rate is negative, there will be no change to your Monthly Charge. This
           section 4.1 does not apply to SIM Plan customers.

      4.2 We may change any of the terms of your agreement, including our Packages or prices, on the following basis:

            (a) we’ll let you know at least one month in advance if we decide to:

                  (i) discontinue your Package; or

                  (ii) make any changes to your agreement which are (in our reasonable opinion) likely to be of material detriment to you. You can end the
                       agreement for such changes as explained in Section 10;

            (b) we may need to change or introduce new Charges in respect of our Outside of Allowance Services. If we do, we’ll let you know at least one month
                  in advance unless we believe such changes are not (in our reasonable opinion) likely to be of material detriment to you and you don’t (in our
                  reasonable opinion) regularly use the Outside of Allowance Services affected;

            (c) we may change or introduce new Charges in respect of Additional Services or Add-Ons. We’ll publish any changes on our website. If any Add-ons
                 affected have a recurring Charge, we’ll let you know at least fourteen (14) days before the Charge changes.

     4.3 You won’t be able to end your agreement if any change or increase:

            (a) is due to changes to the law, regulation or licence which affect us – this includes any increase or change in the rate of VAT or other applicable
                 taxes or any new taxes that are introduced; or

            (b) relates solely to:

                  (i) Additional Services; or

                  (ii) Add-on(s) (if applicable to you).

             In these circumstances you won’t be able to end your agreement but you will be able to cancel the Add- on(s) or stop using the Additional Services;
             or (c) is an RPI Change.

     4.4 If you carry on using Three Services after any change takes effect, you will be considered to have accepted the change, and won’t be able to then end
           the agreement.

     5. What we’ll provide to you

         A Three Phone number and SIM


     5.1 We’ll open an account for you and provide you with a SIM and a Three phone number.

     5.2 We own each SIM and each SIM remains our property at all times. You’re being allowed to use the SIM by us on a limited licence to allow you to access
            Three Services.

     5.3 Each SIM can only be used in the following Devices:

           (a) which are authorised by us for Connection to the Three Network. If you try to use the SIM in another device, it may damage the Device and affect
                 your usage (including making emergency calls). In these instances, we’re not responsible for any such damage or usage problems; and

           (b) Devices in the Device category the SIM is meant for, so, for example, a SIM for a Phone cannot be used in a Tablet or Dongle.

     5.4 Devices which can be used to access Three Services may be locked to our network. The software in the Device and all intellectual property rights in
           that software are owned by the Device manufacturer and you’re being allowed to use the software on a limited licence from the manufacturer. If you
           want your Device to be unlocked from the Three Network, you can contact us and we can help to arrange for your Device to be unlocked in an   
           authorised manner (which may include replacing your Device with an unlocked Device, which is the same or similar specification to your Device). Prior 
           to your Device being unlocked, you must ensure that you back-up or otherwise store separately any of your information or other data on the Device
           which you may require, as this may be lost during the Device unlocking process. We are not responsible for any information or any other data which
           may be lost during the Device unlocking process.

     5.5 You can move your existing phone number to Three. First, you need to ask your previous mobile network operator for your PAC, and then you will
           need to give your PAC to us. Once we’ve checked the details of your request, we’ll tell you the date when your phone number will be moved to
           Three. If the move is delayed and the delay is our fault, you may be entitled to compensation in the form of a one-off reimbursement of a portion of
           your Charges.

     5.6 You can move your Three phone number to another mobile network operator. First, you need to ask us for your PAC. Once we’ve checked the details
           of your request, we’ll give you your PAC which must be used within the time specified. Your Three Services will be discontinued once your number has
           been successfully transferred. If you move your Three phone number to another mobile network operator within your Minimum Term (if you have
           one), you must pay us all the Charges you owe, plus any Cancellation Fee for your Package.

      Three Services

      5.7 Once you’re Connected to Three we’ll provide you with access to Three Services.

      5.8 You may also be able to upload and send your own content using Three Services. You grant us an irrevocable, royalty free, perpetual and worldwide
             licence to store, transmit or otherwise deal with any content you upload on Three Services.

      5.9 We:

            (a) may change or withdraw some, or part, of Three 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 change content. Depending on the changes that we
                 make, you may have a right to end this agreement, as explained in Sections 4.2 – 4.4 and 10.1.

             (b) may also determine how Three Services are presented and delivered to the Device or are otherwise made available to you. We can change the
                   way they are presented, delivered or otherwise made available to you at any time;

             (c) will use TrafficSense™ across our network to ensure an enjoyable internet experience for the vast majority of our customers. For details
                  see Three.co.uk/trafficsense

        5.10 Access to the Emergency Services

             (a) You can make free calls to emergency services from your Phone in the UK by calling 999 or 112. When you’re outside of Three’s coverage area
                  in the UK, your Phone will try to locate another mobile network so that you can try to contact the emergency services (however, neither your
                  mobile phone number nor your Location Data will be transmitted to the emergency services in these circumstances). If you need to contact the
                  emergency services while you’re roaming abroad, you will need to call 112 (this number is recognised by most mobile operators worldwide) or
                  the local emergency services number if different (however, neither your phone number nor your Location Data will be transmitted to the
                  emergency services in these circumstances). Emergency service calls can’t be made using Skype (or certain other voice over IP services) on
                  your Phone. If you want to call the emergency services, you will need to make a normal voice call from your Phone.

             (b) If you have difficulties hearing or are speech impaired and you need emergency assistance, you can send a text message with details of
                  your location to 999 or 112. The text will be converted and passed to the appropriate emergency service but you will need to register your 
                  Phone before you can use this service. Details on how to do this are available at www.emergencysms.org.uk

             (c) If you have a Device, other than a phone, such as a Tablet, which is capable of making telephone calls, you may be able to use this to make free
                  calls to emergency services in the UK by calling 999 or 112, however your Location Data may not be transmitted to the emergency services in
                  these circumstances.

             (d) If you have a Device that operates on Android operating system 2.3 and above, on calling 999 or 112 while in the UK and connected via the Three
                  network, your Location Data may be automatically transmitted to the emergency services to help them locate you in an emergency.

        5.11 Coverage and network speeds

        5.11.1 We’ll always try to make Three Services available to you. However, there may be areas where you don’t have access to all Three Services or
                   where coverage is otherwise limited or unavailable or network speeds are slower than expected. For more information about coverage see
                   Three.co.uk/coverage
 
        5.11.2 The data speeds that you’ll experience on our network will vary due to a number of factors including your distance from the nearest mast, your
                  location in a building, local geography, congestion and the type of equipment that you’re using – for example, you’ll only be able to enjoy 4G
                  speeds if you’re in a 4G coverage area and using a 4G device.

        Disruption to Three Services
 
        5.12 Due to the nature of mobile technology, there may be situations when Three Services aren’t always available, or the quality or network speeds are
                affected and so we cannot guarantee continuous fault-free service. For example:

                 (a) when we need to perform upgrading, maintenance or other work on the Three Network or Three Services;

                 (b) when you move outside Three’s 3G or 4G service area while you’re on a call (in this case calls may end) or using data (in this case, your
                connection may be lost);

                 (c) when you’re in areas not covered by the Three Network. In this case, Three Services relies on other operators’ networks, over which we have
                      no control; and

                 (d) because of factors outside our control, such as the features or functionality of your Device, legal or regulatory requirements, lack of capacity,
                      interruptions to Three Services from other suppliers, faults in other communication networks, the weather or radio interference caused
                      by hills, tunnels or other physical obstructions.

                 (e) In the event that you experience continuous or regularly recurring disruption to Three Services, you may be entitled to a partial credit of your
                      Monthly Charge based on the period of the disruption. To receive a partial credit you will need to report to us a disruption on the Three
                      Network which affects the Three Service you use most often and we must consider the disruption is severe as measured against your typical
                      usage history. Also, an alternative means of accessing the disrupted Three Service (for example, using Three InTouch or Home Signal) must be
                      unavailable to you. Please contact us as set out in section 7 (Your Rights – Complaints) and we will work with you to find an appropriate
                      resolution for your particular circumstances. Please contact us as set out in section 7 (Your Rights – Complaints) and we will work with you to
                      find an appropriate resolution for your particular circumstances.

        6. What you’ll do in return

        Personal Security

        6.1 As we own the SIM and it remains our property at all times, you must ensure that you keep it safe and secure whilst it’s in your possession and you
              must ensure that you’re able to return it to us, if required. We may charge you for any replacement SIM (as set out in our Price Guide).

        6.2 You must keep all PINs and passwords secure and confidential. You’re also responsible for the security of your Device and must make sure that you
              keep it secure (see the Device manufacturer’s user guide for details of how to keep your Device secure). You must also keep any PINs or passwords
              for any services you access through your Device secure and confidential.

        6.3 You should immediately change your PIN or password if you become aware that someone is accessing Three Services on your account without your
              permission.

        Responsible use – How you use the Three Services

        6.4 You may only use Three Services:

              (a) as set out in this agreement; and

              (b) for your own personal use. This means you must not resell or commercially exploit any of Three Services or our content.

        6.5 You mustn’t use Three Services, the SIM or Three phone number or allow anyone else to use Three Services, the SIM or Three phone number 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 Three Services or their content, except where we give you permission;

              (d) to download, send or upload content of an excessive size, quantity or frequency. We’ll 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 Three Network, the networks
                   or systems of others or Three Services; or

              (f) to use or provide to others any directory or details about Three customers.

        6.6 You must always co-operate with us and follow our reasonable instructions to ensu re the proper use and security of your account. This includes (but
              is not limited to) any instructions from us to update the settings on your Device.

        6.7 If anyone makes, or threatens to make, any claim or issue legal proceedings against you relating to your use of Three Services, you will, notify us of
              this immediately and, 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.

       6.8 We may publish an acceptable use policy and a traffic management policy (you may see this referred to as “TrafficSense™”) which provide more
             details about the rules for use of certain Three Services in order to ensure that:

             (a) use of Three Services is not excessive;

             (b) to combat fraud; and

             (c) where Three Services we offer or may introduce require certain rules to ensure they can be enjoyed by all our customers.

             (d) Any such policy will be available on our website and may be changed from time to time

       Responsible use – How you use the Messaging and Storage Services

       6.9 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 communications or other unauthorised communications, or knowingly send any viruses; or

             (c) anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.

       6.10 We may put limits on the use of certain Three Services, such as Messaging Services or Storage Services. For example, we may limit the size of
               messages or storage space.

       6.11 While we have no obligation to monitor the Messaging Services or Storage Services, if you exceed our published use limits, or we’re made aware of
               any issues with your use of these Three Services (for example, if we’re made aware that you’re using Three Services in any of the ways prohibited
               in Section 6.8 above) we reserve the right to remove or refuse to send or store content on your behalf. You may still be charged for any content
               which is blocked or removed.

       Responsible use – How you use the Age Restricted Services

       6.12 If you’re under 18, you’re not allowed to access our Age Restricted Services. If you’re 18 or over and you access the Age Restricted Services, you
               mustn’t show or send content from the Age Restricted Services to anyone under 18. You must also ensure that you’ve deactivated any access to
               Age Restricted Services if you let anyone under 18 use your Device.

       6.13 You accept that we cannot control access to age restricted services obtained over WiFi.

       Responsible use – How you use the Three Services outside the UK

       6.14 If you use Three Services from a country outside the UK:

               (a) your use of Three Services may be subject to laws and regulations that apply in that other country, and we’re not responsible for your failure to
               comply with those laws or regulations;

               (b) you will be roaming on another operator’s network, so you may not receive the same level of coverage and speed as you’re used to on theThree
                network. We have no liability if you’re unable to access services abroad, or if the quality of any other operator’s network services differs from those
                provided on the Three network.

       6.15 You may accidentally roam if you’re in an area close to national borders because your Device picks up a network signal across the border. If this is
               the case then you may be charged as if you were roaming on an international network.

       Paying your Bills
       6.16 You must pay us all Charges in connection with all Three Services which are accessed using the SIM we supply you. You must pay the Monthly
               Charge, whether or not your allowance of voice Units, text Units and/or data Units are consumed by you or by another person, with or without your
               permission. You must also pay for all Three Services which don’t involve a conversion of voice Units, text Units and/or data Units within your
               allowance and which are accessed using the SIM we supply you or which are accessed using your Device, whether the Three Services are accessed
                by you or by another person, with or without your permission. If your SIM and/or Device is lost or stolen you remain responsible for all the Charges
                to your account until you tell us what happened and arrange for your SIM and/or Device to be deactivated.

       6.17 We’ll send you a bill on a periodic basis and this will usually be done monthly. However, we may change this period, and we would give you at least
               14 days’ notice of this.

       6.18 Your bill will normally include your Monthly Charge for your Package for the next billing period and any administration fees along with Charges for
               your use of the Three Services in the UK in the last period and outside the UK in prior periods (if not within your allowance). If your Package includes
               an allowance, this will be made up of voice Units, text Units and/or data Units which are convertible into a certain number of voice minutes or text
               messages, and/or a certain amount of data each month. On your bill, we’ll include the “per unit” cost for your allowance to help you understand the
               value you’re getting from your Package. If you haven’t used all of that monthly allowance by the time we bill you, it will expire and your monthly
               allowance will then start again on each monthly bill date (which you will see on your bill).

       6.19 Charges on your bill are shown inclusive of VAT (where appropriate), unless you’re a business customer, in which case, VAT will be added to your bill
               where appropriate.

       6.20 You must make your payment by the due date and by one of the payment methods stated on your bill. If you choose to pay by a Recurring Payment
               Method, you will benefit from a monthly discount (as set out in our Price Guide. See also Section 6.22). 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. Your bill will state the amount of the Charges
               due from you and the due date by which you must make payment. 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. We may set a credit limit on your account. If you
               exceed the credit limit we set, we may Suspend any or all of the Three Services you use until you’ve made a payment to your account. You shouldn’t
               use the credit limit for budgeting as the amount you owe isn’t capped or limited by any credit limit we set.

      6.21 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 reasonable
              costs and expenses, or the reasonable costs and expenses of our assignees, including legal and administration costs. Interest may be added on a
              daily basis to any unpaid Charges and costs, at 2% per annum above the base rate of HSBC Bank plc, from the date payment is due until it is
              received.

      6.22 We require you pay your Charges by a Recurring Payment Method, as a condition of signing up to Three Services, and you will benefit from a
              discount to your Monthly Charge if you pay by a Recurring Payment Method. If you pay by means other than Recurring Payment Method you won’t
              benefit from this discount, resulting in an additional Charge.

      7. Your Rights – Complaints

      7.1 If you’re unhappy about any aspect of Three Services, you should contact Three Customer Services.

      7.2 We’ll investigate any complaint in accordance with our customer complaints code, after which we’ll contact you with the results. A copy of our customer
            complaints code can be viewed on our website at Three.co.uk/complaints or you can request a copy by contacting Three Customer Services. If we 
            are  unable to resolve your complaint, you may, depending on the nature of your complaint, be entitled to ask Ombudsman Services: Communications
            to  consider your complaint for you. Their website address is: https://www.ombudsman-services.org. Alternatively, if your complaint is about a
            purchase  you made online and we have been unable to resolve your concerns through our complaints process, you can submit your complaint
            through the European Commission’s online dispute resolution platform which can be found at the following website address:http://ec.europa.eu
            /consumers/odr/.


      7.3 See Section 13 for information about data protection and privacy complaints.

      8. Our Rights – Intellectual Property
 
      8.1 All rights in Three Services and their content, belong to us, or our licensed source, such as a content provider. We reserve all our rights.
 
      8.2 The ‘Three’ trademark and other related images, logos and names are proprietary marks of our group of companies. We reserve all our rights.

      9. Suspension of Three Services

      9.1 We may Suspend any or all of the Three Services you use without notice if:

            (a) we reasonably believe you‘ve provided us with false or misleading details about yourself as set out in Section 13;

            (b) we advise you that your excessive use of Three Services (as may be defined in accordance with Section 6.7 above) is causing problems for     
                  other users, and you’re continuing to use Three Services excessively;

            (c) we believe your Device or SIM has been lost, stolen or is being used in a way not allowed by this agreement;

            (d) we reasonably believe that you‘ve used Three Services, the SIM(s) or a Three phone number for illegal or improper purposes in contravention  
                  of our responsible use requirements in Section 6 above;

            (e) we receive a serious complaint against you which we believe to be genuine (for example, if we receive a complaint that you’re using Three
                  Services in any of the ways prohibited in Section 6); or

            (f) we’re required to Suspend your Three Services by the emergency services or other government authorities.

      9.2 In addition to the circumstances set out in Section 9.1, we may also Suspend any or all of the Three Services you use without notice if:

            (a) you haven’t paid our Charges on time, or if you’ve previously failed to pay your Charges on time; or

            (b) you’ve exceeded any credit limit that we may have set for you (as set out in Section 6.20 above); or

            (c) you have insufficient credit in your account to cover Charges you agreed to pay in advance.

      Additionally, we reserve the right to Suspend any other account(s) you have with us, if we reasonably believe that you will be unable to pay the relevant  
      Charges.

      9.3 We may end any calls that you make that are longer than 2 hours’ duration in order to prevent you from incurring excessive, inadvertent costs.

      9.4 We may turn off your Messaging Services if they’re inactive for an extended period of time – we’ll let you know before this happens. If we do turn off
            your Messaging Services we’ll 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.

      9.5 If we Suspend any or all of your Three Services, you will still be able to make emergency calls (unless they’ve been Suspended at the request of the
            emergency services).

      9.6 If your Three 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 Three Services
 
      10.1 You may end this agreement in the following ways:

              (a) in certain circumstances under our Returns Policy which can be found at Three.co.uk/returns. You will need to get in touch with Three Customer
                   Services to arrange Disconnection;

              (b) during your Minimum Term (if you have one) by giving notice to Three Customer Services 30 days before the date you want to end the
                   agreement. You must pay us all the Charges you owe, plus any Cancellation Fee for your Package (as set out in the Price Guide);

              (c) at the end of your Minimum Term or any time after your Minimum Term has expired, or if you don’t have a Minimum Term, provided you give notice
                   to Three Customer Services at least 30 days before the date you want to end the agreement. A Cancellation Fee won’t be charged;

              (d) within one month of us telling you about a variation to your agreement (which includes your Package) which is likely (in our reasonable opinion)
                    to be of material detriment to you. You must give notice to Three Customer Services within that month and your agreement will finish at the end
                    of that month once we receive your notice.

      10.2 You won’t be able to end the agreement during your Minimum Term without paying a Cancellation Fee if the variation to your agreement (which
              includes your Package, Three Services or our prices) is due to any of the following circumstances:

              (a) the change is due to changes to the law, government regulation or licence which affect us – this includes any increase or change in the rate of
                    VAT or other applicable taxes or any new taxes that are introduced;

              (b) the change relates solely to Additional Services or Add-on(s) In such circumstances you won’t be able to end your agreement but you will be able
                    to cancel the Add-on(s) or stop using the Additional Services;

              (c) the change isn’t (in our reasonable opinion) likely to be of material detriment to you;

              (d) the change relates to a variation in our Charges for our Outside of Allowance Services and such changes are not (in our reasonable
                   opinion) likely to be of material detriment to you or you don’t (in our reasonable opinion) regularly use the Outside of Allowance Services affected;
                   or

              (e) the change is a RPI Change.

        10.3 We may end this agreement in the following ways:

                (a) by giving you at least 30 days’ notice if your Package doesn’t have a Minimum Term, or the Minimum Term has ended;

                (b) immediately in the following cases:

                     (i) if we have the right to Suspend your Three Services on any of the grounds in Section 9 and we believe that the grounds are serious and have
                         not been, or are unlikely to be, rectified;

                     (ii) if we believe that your communications with Three Customer Services or any of our retailers or agents, or your use of our Three Services, are
                          jeopardising the operation of the network, or are of an unacceptable nature;

                     (iii) if we reasonably believe you won’t 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 or insolvency; and, in any of these circumstances, you have to pay all the Charges you owe up until we
                           Disconnect you;

                (c) if we no longer have access to other operators’ networks which we need to provide Three Services, or if we’re no longer able to provide Three
                     Services due to factors beyond our control or because we cease business. If reasonably possible under these circumstances, we will endeavour
                     to provide you with such notice as is practical.
 
       11. Effect of this agreement ending

       11.1 If this agreement ends, we’ll close your account and Disconnect you and you won’t be able to use Three Services or make emergency calls.

       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.
 
       11.3 We may bill you up to 4 months following the Disconnection of your account, in respect of Charges that were incurred during your agreement with
               us, but not billed prior to the date of Disconnection. In accordance with Section 6.16, you must pay us all Charges in connection with all Three
               Services which are accessed using the SIM we supplied you.

       12. Liability Limits on our liability

       12.1 All of our obligations to you relating to Three Services are set out in your agreement. If you wish to make any change to this agreement or rely on
               any other term, you must obtain our agreement to the change of term in writing.

       12.2 Except as set out in 12.3:

               (a) all other terms, conditions and warranties relating to Three Services are excluded;

               (b) our entire liability to you for something we do or don’t do will be limited to £3,000 for one claim or a series of related claims;

               (c) we’re not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of Three Services.
                    We’re not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement; and

               (d) we’re not liable for any service, goods and content you may take from third parties, including if they are defective or deficient, and any dispute
                     with a third party will not affect your obligations to us.

       12.3 Nothing in this agreement removes or limits our liability for fraud, death or personal injury caused by our negligence or for any liability which can’t be
               limited or excluded by law. If you’re a consumer, the terms of this agreement won’t affect any of your statutory rights which you have, which cannot
               be excluded by this agreement. For more information on your statutory rights, contact your local authority Trading Standards Department or
               Citizen’s Advice Bureau.

       Three Services – Area where we have no responsibility

       12.4 We’ll try to ensure the accuracy, quality and timely delivery of Three Services. However:

               (a) we accept no responsibility for any use of, or reliance on, Three Services, or for any disruptions to, or any failures or delays in, Three Services.
                     This includes, without limitation, any alert services or virus detection services; and

               (b) subject to Section 12.3 we don’t make any representations as to the accuracy, comprehensiveness, completeness, quality,error free nature,  
                    compatibility, security or fitness for purpose of Three Services. They are provided to you on an ‘as is’ basis.

       12.5 We won’t be liable:

               (a) for any loss you may incur as a result of someone using your PINs or passwords with, or without, your knowledge; or

               (b) if we cannot carry out our duties, or provide Three Services, because of something beyond our control. Others’ content and Services – Areas
                     where we have no responsibility.

                Others’ content and Services – Areas where we have no responsibility.

        12.6 You may be able to use Three Services:

                (a) to upload, email or transmit content; and

                (b) to access content which is branded or provided by others and to obtain goods and services from others, which may be in a digital form. Where
                     we provide you with such access, all we do is transmit the content to you and we don’t exercise control over the content, goods
                     or services. We’re not responsible or liable in any way for, and don’t endorse, any of this content, goods or services, including any content,
                     goods and/or services that you may pay for using Three Services. You also accept that we have no responsibility for information you supply to
                     third parties who provide content, goods or services on the Three Network.

        12.7 This Section 12 will apply even after this agreement has ended.

        13. Privacy Notice and Your Information

        13.1 We’ll only use your personal information in accordance with this notice and applicable UK data protection and privacy laws. Please read all of this
               notice and feel free to contact us at the address below with any questions.

        13.2 Whenever you provide us with personal information about yourself, you agree that it will be true, complete and accurate. You must tell us if this
                information changes.

        13.3 If you provide us with information about another individual or register a Device in the name of another individual you must have their agreement to
               do so or be acting with legal authority.

         13.4 If we reasonably believe that you have supplied us with false or inaccurate information, or if we suspect fraud, we may delay your Connection or
                suspend your access to Three Services until an investigation has been completed to our satisfaction.

         13.5 “Your Information”

                  (a) By “Your Information” we mean information that you give us or that we obtain about you as a result of any application or registration for, and
                       use of, Three Services. It may include your name, current and previous address(es), date of birth, phone and fax numbers, gender, email
                       address, employment and lifestyle information, bank and credit or debit card information, and information obtained from credit reference and
                       fraud prevention agencies, marketing organisations and those who provide services to us, and may include information from other countries.

                  (b) While you’re a customer of Three, we’ll also acquire and process information about your use of Three Services, including Location Data,
                       your Communications Data, your phone number, the unique code identifying your Phone and SIM, and your account information, including
                       contact history notes.

                  (c) Some of the information we collect about you may be classified as “sensitive” (such as visual or hearing impairments) and we’ll ask your
                       permission if we wish to use or share this information.

         13.6 Use of “Your Information”

                 We may process “Your Information” for a number of purposes including:

                 (a) Credit Referencing, Identity Checks and Fraud Prevention

                       (i) We’ll make searches about you at credit reference agencies who will supply us with credit information, as well as information from the
                            Electoral Register, to help us to decide whether to accept your application or future applications, and to verify your identity. The agency will
                            record details of our search and your application whether you’re accepted or not. We’ll use a combination of credit scoring and/or
                            automated decision making systems when assessing your application. This information may be used for debt tracing.

                       (ii) We’ll also disclose details of your agreement with us, the payments you make under it, account balances and information about any default,
                            dispute, and debts to credit reference agencies. We’ll also disclose details of any change of address reported to us or which we become
                            aware of.Credit searches and the information supplied by us and held by credit reference agencies is used by us and other organisations to
                            help make decisions about other credit applications by you or other members of your household with whom you’re linked financially to trace
                            debtors, recover debts, to prevent and detect fraud and to manage your account.

                      (iii) We may also check and share your details with fraud prevention agencies and we’ll record (and pass to the fraud prevention
                            agencies) details of any false or inaccurate information provided by you or where we suspect fraud. Records held by fraud prevention
                            agencies will also be used by us and other organisations to help prevent fraud and money laundering, for example, when checking details
                            on applications for credit or other facilities, managing credit and credit-related accounts or facilities, recovering debt, checking details on
                            proposals and claims for all types of insurance and checking job applications and employees. Those fraud prevention agencies may disclose
                            information to law enforcement agencies where requested and necessary for the investigation of crime. We and other organisations may
                            access and use (from a country other than the UK) the information recorded by fraud prevention agencies.

                      (iv) We may also use and share your details for the collection of any debts owed by you. This may include the use of debt collection agencies to
                            collect debts on our behalf or may include the assignment of debts to a third party company. The assignment of debts will involve the sale of
                            your debt and account information to a third party company – this information may include your name, address and contact information,
                            year of birth, debts owed, payment history and other information necessary to help recover the debt.

                       (v) We may also pass and share information to other communications service providers and network operators for the detection and
                            prevention of theft and fraud. You can ask us at any time for details of the credit reference and fraud prevention agencies to whom we
                            disclose and obtain information about you. Please write to: Credit Referrals, 123 St Vincent Street, Glasgow G2 5EA.

                 (b) Account and Service Management

                      (i)  To process applications, registrations or orders made by you, to create and administer accounts, to calculate and charge for Three Services,
                           to produce any necessary invoices or billing statements, and to provide customer services including the management of any complaints or
                           queries.

                      (ii)  To supply any products, services or information requested by you and/or which we may provide.

                      (iii) For traffic and billing management.

                      (iv) To update your Device remotely “over the air” with software updates and to investigate and resolve any Service related queries made by
                            you.

                      (v)  To process data revealing the geographic location of your Device in order to provide location based services requested by you and which
                            may be provided by Three or by third parties on behalf of Three, or where you request location based services directly from third parties.
                            We may share your Location Data with the emergency services if you call 999 or 112 using a Device with Android operating system 2.3 and
                            above within the UK. This is to help the emergency services more accurately locate you in the event of an emergency where you may not
                            know, or be able to communicate, your location.

                      (vi) We may monitor and record calls and messages between you and Three Customer Services for training and quality purposes.

                      (vii) Please be aware that when you call Three Customer Services, your phone number will automatically be presented to Three Customer
                             Services so that we’re able to provide you with integrated customer services and for security purposes.

                 (c) Marketing and keeping you informed

                       (i) To carry out analysis of your information, in order to develop our relationship with you, to develop and personalise Three Services and to
                            present and deliver these to your Device.

                       (ii) To keep you informed about Three’s services, developments, pricing tariffs, special offers, and any discountsor awards which we believe
                            may be of personal interest to you, or which you may be entitled to. We may keep you up to date directly to your Device, and by post,
                            phone and by electronic messaging such as phone, text and picture message, email voice, audio and videomail, subject to any preferences
                            indicated by you. You can contact us at any time to ask us not to use your location or Communications Data for marketing purposes or if you
                            would prefer not to receive direct marketing information, or simply to update your preferences by writing to or calling Three Customer
                            Services, by sending an email to preferences@3mail.com or by updating your marketing preferences directly from your Device or online using
                            My3.

                       (iii) To tell you about the products and special promotions of carefully selected partners (subject to your preferences) and allow you to receive
                             advertising and marketing information from them but without passing control of your information to the third party concerned. You can
                             update your preferences at any time as described above.

                       (iv) To carry out market research.

                 (d) To carry out activities necessary to the running of our business, including system testing, network monitoring, staff training, quality control and
                       any legal proceedings.

                 (e) To carry out any activities or disclosures to comply with any regulatory, government or legal requirement.

                 (f) We may enter your name, address and phone number in a publicly available directory enquiry service and directories operated by us or by a
                      licensed third party operator such as BT, subject to your preferences and only where you have given us permission.

                 (g) We may share your information with other members of our group of companies, and with our, or their, partners, associates, agents and
                       contractors who provide services to us, and for the purposes of pursuing our legitimate interests, including people who are interested in
                       buying our business. These may include people and companies outside the European Economic Area (the “EEA”) which consists of the
                       European Union Member States together with Iceland, Liechtenstein and Norway.

                 (h) Certain services may be provided by our suppliers in India. Where this is the case, we’ll ensure that your information is processed to the same
                       UK standards adopted by us.

                       (i) We may retain your information for as long as is necessary for the purposes detailed in this notice and until charges for services cannot be
                            lawfully challenged and legal proceedings may no longer be pursued. Generally, we’ll keep your communications data for up to one year.
                            Your account information will be kept after your relationship with Three ends to comply with legal and regulatory obligations.

        13.7 If you use Three Services from a country outside the UK it may be necessary to transfer your information to that country. If that country is outside
                of the EEA, the treatment of your personal information may be subject to laws and regulations applying in that country and which may not protect
                your information to the same standards that apply in the UK and the EEA.

        13.8 When you make a call, the calling line identity (CLI) of your phone (your phone number) will be displayed on the phone of the person you call. If you
                don’t wish your CLI to be displayed and/or transmitted you should check your user guide or contact Three Customer Services. Your CLI cannot be
                blocked when calling the emergency services, or when sending a text, picture, or video message.
 
        13.9 You must keep any passwords and PIN numbers relating to your Three account and Three Services safe and secure. You must not share them with
                anyone else. If you find or suspect that anyone else knows your passwords or PIN numbers, or can guess them, you must contact us immediately
                and ask us to change them. This is your responsibility.

        13.10 You have the right to obtain a copy of personal data which we may hold about you. Please write to the Data Protection and Privacy Officer,
                 Hutchison 3G UK Ltd., Star House, 20 Grenfell Road, Maidenhead, SL6 1EH. Alternatively, please email: dpa.officer@Three.co.uk. We may ask you
                 to provide proof of your identity and residence and may charge £10 to cover our administrative costs. We will not accept payment of this fee by
                 cash.

        13.11 If you have any questions about this notice or the way in which your information is processed, please contact the Data Protection and Privacy
                  Officer, by writing or sending an email to the above addresses.
 
        13.12 If we change this notice we’ll post the amended version on our website so you always know how we’ll collect, use and disclose your information.

        14. Notices

        14.1 Our website, Three.co.uk, is a great source of information that you may find useful when using the Three Services – it’s the most up to date          
                source of information about Three and Three Services.

        14.2 If we need to send any notices under this agreement to you, we’ll do this by communicating them to you via phone, text message, electronic
                messaging, email, or mail, using your most recent contact details given to us (if any).

        15. Other terms

        15.1 This agreement is governed by English Law unless you live in Scotland, in which case it will be governed by Scots Law. Each of us agrees to only
                bring legal actions about this agreement in a UK court.
 
        15.2 If you, or we, delay, or don’t take action to enforce our respective rights under this agreement, this does not stop you, or us, from taking action
                 later.
        15.3 If any of the terms in this agreement are not valid or legally enforceable, the other terms won’t be affected. We may replace any term that is not
                legally effective with a similar term that is.

        15.4 We may assign or transfer some or all of our rights and obligations under your agreement to a party who agrees to continue complying with our
                obligations under this agreement, provided that your rights under the agreement or any guarantees given by us to you are not affected. No other
                person (other than our assignee(s), if any) may benefit from this agreement.
 
        15.5 In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case we may have to
                change your Three phone number.

        15.6 You confirm that you have full contractual capacity to agree to the agreement and are able to pay the Charges.

        15.7 Third parties can’t benefit from this agreement under The Contracts (Rights of Third Parties) Act 1999.

        15.8 Our registered company number is 03885486 (England and Wales) and our registered office is at Star House, 20 Grenfell Road, Maidenhead,
                Berkshire SL6 1EH.
 

     Definitions.


        Where we use these words they have the following meanings:

        Additional Services: additional, optional or extra services which you choose to use which are not services that are part of your Package or Outside of
        Allowance Services. For example, they may include (but they’re not limited to) Add-Ons, Premium Services, international services, services you use whilst
        roaming abroad, directory enquiry services, any other additional services listed in our Price Guide, calls to non-geographic numbers (such as calls to 084,
        087), content or applications you may buy and/or any third party services.

        Add-on: an additional credit which you can buy for specific supplemental Three Services (as detailed in the Price Guide).

        Age Restricted Services: any Three Services which are for use only by customers 18 or over.

        Cancellation Fee: means a fee charged if we end the agreement due to your conduct or if you end your agreement within the Minimum Term. The fee is
        set out in the Price Guide and is calculated as a lump sum equivalent to the total of the Monthly Charges remaining during the Minimum Term of your
        agreement less a discount of: (i) 3% for new connecting customers who are in the first Minimum Term of their agreement with us; or (ii) 10% for existing
        customers that have upgraded or renewed their existing contract with us for a further, subsequent Minimum Term.

        Charges: charges for access to, and use of, Three Services as set out in the Price Guide. These charges may cover (but are not limited to) fixed periodic
        charges, including your Monthly Charge, usage charges (for example, charges for Outside of Allowance Services or Additional Services), account
        administration fees, fees for Connection and re- Connection and any costs incurred in collecting outstanding payments from you.

        Communications Data: information about the routing of services, calls and messages you make and receive, the date, time, duration and cost of these,
        and information about the identity of your Device and SIM. Connection: the procedure by which we give you access to Three Services. ‘Connect’,
        ‘Connecting’, and ‘re-Connection’ have corresponding meanings.

        Device: any device you use to connect to Three Services, including a Phone, Dongle, Mobile Wi-Fi, Tablet or Laptop that is authorised by us for
        Connection to the Three Network.

        Disconnection: the procedure by which we stop your access to Three Services. ‘Disconnect,’ ‘Disconnected’ and ‘Disconnecting’ have corresponding
        meanings.

        Dongle: the USB modem that’s authorised by us for Connection to the Three Network which is used to access Three Services.
        January RPI Rate: the January Retail Price Index annual percentage change published by the Office for National Statistics in February of each year. We
        may also refer to this as the “RPI Rate”.

        Laptop: a laptop which is used in conjunction with a Dongle and/or Mobile Wi-Fi and/or SIM to access Three Services.

        Location Data: data indicating the geographical location of your Device when using Three Services or when your Device is switched on. Messaging

        Services: any email, voicemail, text (SMS) and multimedia messaging services (MMS), personal information management and other message or
        communication facilities which let you communicate with others.

        Minimum Term: the minimum fixed term for the supply of Three Services as laid out in your Package.

        Mobile Wi-Fi: the wireless mobile device which is authorised by us for connection to the Three Network and is used to access Three Services. Monthly

        Charge: is the monthly fixed charge payable by you for your Package (as set out in the Price Guide), including any RPI Change. Outside of Allowance

        Services: any standard Thee Services (i.e. calls and texts to standard UK mobiles and UK landlines you use when you have used up the Units (whether
        voice Units or text Units or data Units, as applicable) which may be included in your Package (if any) or, if you don’t have any inclusive allowances with
        your Package, any standard Services you may use.

        PAC: a Porting Authorisation Code

        Packages: our current Packages available for you to select that are set out in the Price Guide as well as any other Packages we may introduce in the
        future. ‘Your Package’ means the Package you have chosen, details of which are set out in the Welcome Letter, including your Minimum Term. There may
        be more than one Package available for you to choose from and if so, you will need to select one before you’re Connected to Three. Depending on the
        Package you choose, you may receive an allowance made up of Units, being voice Units, text Units and data Units, which entitle you to a specified
        number of voice minutes, text messages and/or data – details of these are set out in the Price Guide. The Packages we offer may be changed or
        withdrawn from time to time, and can be viewed atThree.co.uk or details requested from Three Customer Services.

        Phone: a mobile phone that you put a SIM into to receive Three Services.

        Premium Services: any Three Services which are charged at premium rates. You can only access these Three Services, such as international calling and
        international roaming, with our approval.

        Price Guide: the document that sets out the Packages available to you, our current Charges and relevant terms (including any Minimum Term and
        payment commitments). It can be viewed atThree.co.uk/priceguide RPI Change: an increase to the Monthly Charge as described in Section 4.1.

        RPI Rate: the January Retail Price Index annual percentage change published by the Office for National Statistics in February of each year. We may also
        refer to this as the “January RPI Rate”. Recurring Payment Method: a means of, automated payment, pre-authorised by you, such as by Direct Debit or a
        recurring credit or debit card payment.

        Returns Period: the number of days you have to cancel your agreement and/or return your Device, as detailed in the Returns Policy, or as stated in your
        Welcome Letter.

        Returns Policy: our returns policy applicable at the time your agreement begins, the current version of which is available at Three.co.uk/returns
        SIM: a card which contains your Three phone number and enables you to access Three Services.

        Storage Services: any Three Services which offer you storage capacity on the Three Network for storage of content which you access from Three
        Services.

        Suspension: the procedure by which we temporarily Disconnect your access to the Three Services. ‘Suspend’ and ‘Suspended’ have a corresponding
        meaning.

        Tablet: a tablet personal computer which is authorised for connection to the Three Network and is used to access Three Services.

        Terms: these Terms and Conditions for using the Three Network and Three Services. Three Customer Services: our service team who are available to
        help you with your queries. Device customers can call 333 (free) from a Three Phone or 0333 338 1001 from any other line (standard call charges apply).
        Mobile Broadband customers can call 500 (free) from a Three Phone or 0333 338 1003 from a landline (standard call charges apply). Or you can email
        customer.services@3mail.com

        Three Network: means the public telecommunications network owned, operated or used by Three.

        Three Services: the services offered by Three, including, but not limited to, call services, internet access, Messaging Services, Storage Services, Age      
        Restricted Services and Premium Services, which we have agreed to provide to you.

        TrafficSense™: Tools and insight we use across the Three Network for the intelligent management of data traffic. See Three.co.uk/trafficsense for more
        information.

        Unit: a voice Unit, text Unit or data Unit. On use, each voice Unit will be automatically converted to one minute of a phone call, each text Unit will be
        automatically converted to one text sent, and each data Unit will be automatically converted to a specified amount of data – full details are set out in the
        Price Guide.

        Welcome Letter: the letter or email we send to you when you take out a new agreement with us – either as a new customer or as an existing,
        upgrading, customer.

SKY.

 

Variety Bundle Offer: All Sky Q kit is loaned at no cost and must be returned at the end of your subscription. New 18 month contract. Kids App available at no extra cost with Variety Bundle. Selected content available to stream and download on two registered compatible devices via 3G/4G/Wi-Fi (charges may apply) in UK & ROI. (see sky.com/help). App features vary by device. On Demand: Downloading content requires compatible black Sky+/Sky Q box connected to home broadband (min. recommended speed: SD: 2 Mbps; HD: 6Mbps). On Demand self-set-up using built-in WiFi or own cable. Downloads count towards usage cap and may expire from your Planner. Selected channels/programmes on Catch Up. Subject to status. Upfront payment may be required. General: Prices may go up during your contract. Non-standard set-up may cost extra. You own the Sky dish. Prices may vary if you live in a flat. You must get any consents required (e.g. landlord’s). Prices for DD payments only. Continuous debit/credit card mandate costs 30p pm. UK, Channel Islands and Isle of Man residential customers only. This offer isn’t available with any other offers. Further terms apply.

Sky Sports Premier League: All Sky Q kit is loaned to new Sky TV customers at no cost and must be returned at the end of your subscription. Upfront payment may be required. Content available depends on channels chosen (£18pm - £27.50pm). Sky Sports renews automatically each month unless you cancel giving 31 days’ notice. For new and existing Sky TV customers joining Sky Sports. Sky TV from £22pm to £80pm plus £20 standard set up. Further terms apply.

Sky Broadband - Save £240: Saving based on current standard monthly subscription price for existing BT Broadband Unlimited customers (paying £40.99 pm including line rental and UK Weekend Calls) switching outside their minimum term to Sky Broadband Unlimited, Sky Talk, Pay as You Talk, (no inclusive calls, £0pm) and Sky Line Rental. Saving includes Sky set-up free. BT Broadband Unlimited includes up to 17MB download speeds (up to 17MB with Sky Broadband Unlimited also), BT Home Hub 4, BT Call Protect, UK Weekend Call, 100GB BT Cloud Storage and online security. Saving excludes call charges and annual line rental saver plans. BT offers may apply.  See bt.com for details. For verification go to www.sky.com/save. Sky Broadband Unlimited: Available to customers signing up to 12-month minimum terms for Sky Broadband Unlimited (£0), Sky Talk (£0-£12pm) and Sky Line Rental (£18.99 pm). Standard prices apply thereafter. See sky.com for more details and our Usage Policies.  Availability subject to survey. No traffic management policy.  Upfront broadband activation free of £10 plus £9.95 router delivery charge apply. UK average download speed shown for fixed-line connection to your HUB (excl. Wi-Fi). Check your local speed at sky.com. Wi-Fi speeds vary by device and home entertainment. Sky Network Areas only. External factors such as internet congestion and home wiring can affect speeds. General: Prices may go up during your contract. Non-standard set-up may cost extra. This offer isn’t available with any other offers. Separate contract apply to Sky Broadband Unlimited and Sky Talk. You must get any consents required (e.g. landlord’s). Prices for Direct Debit payments only. Continuous debit/credit mandate costs 30p pm. UK, Channel Islands and Isle of Man residential customers only. Further terms apply. Correct at 13 July 2017. 
 
 



Errors and omissions exlcluded