1.       Definitions

These words have the following meanings:

Account means the airtime account that we use to record your Top-up Vouchers and Charges;

Additional Services are services that we offer to supply which are added to the Services when you request them, or where we do not require you to request them when you use them. The Charges and terms and conditions for Additional Services are available online and from our customer services team;

Agreement means these terms and conditions;

Basic Services means the services we supply to you other than Additional Services including but not limited to call and messaging services that we provide using the Network;

Charges are the charges applicable for the Service including, but not limited to, usage and service charges and the charges applicable for any Additional Services that you order from us or use;

Credit means credit recorded against a Top-up Voucher.

Equipment is any equipment you use to access the Services where that equipment is approved for use on the Network by us;

Network means the mobile communications network we use to provide you with the Services;

Number means the mobile telephone number we assign to you or which you port to us.

Personal Information means information we hold about you that you provide to us or which we collect whilst providing the Service to you and includes but is not limited to personal data and traffic data;

Sim card a subscriber identity module (SIM) stores data for GSM mobile users such as numbers, personal security keys and stored messages.

Services mean the Basic Services and any Additional Services that we provide to you which you access using a Vectone Mobile SIM.

Top-up Voucher is a payment mechanism that we permit you to purchase and thus use the Services;

Vectone Mobile, we, our and us means Mundio Mobile Limited, a company registered in England and Wales under company number 04553934 trading as Vectone Mobile.

Vectone Mobile SIM means a SIM card provided to you by us that remains our property and which when used with the Equipment grants you access to the Services;

Virus is a computer program that can corrupt, damage or destroy a computer system of its data without the permission and/or knowledge of the user of the system it infects.

 

2.       Agreement

(a)     This Agreement is formed once we accept a request for Services from you.

(b)     Once the Agreement is formed, we will open an Account for you and provide you with a Number.

(c)     Where we provide you with a Vectone Mobile SIM we will activate it as soon as possible after the Agreement is formed.

(d)     Unless and until you purchase a Top-up Voucher and register it against your Account you will not be able to use the Services except for the making of calls to the emergency services.

(e)     You agree that by using the Services or registering a Top-up Voucher against your Account you agree to be bound by these terms and conditions and to pay the Charges.

 

3.       Vectone Mobile SIM

(a)     You agree to take all reasonable steps to prevent damage to or loss or abuse of the Vectone Mobile SIM.

(b)     If your Vectone Mobile SIM is lost, stolen or damaged such that it no longer allows you to access the Services you must report it to customer services as soon as possible. We may charge you for a replacement Vectone Mobile SIM.

 

4.       Services

(a)     We aim to enable you to always use the Services. Unfortunately these may be affected by matters beyond our control, including but not limited to the weather, other networks and faults, or by our maintenance of the Network.

(b)     We will make all reasonable efforts to avoid periods of unavailability and to try and resolve any problems within our control as soon as possible.

(c)     We use reasonable efforts to make commercial arrangements to enable access to networks in foreign countries so the Services can be used whilst abroad, (Roaming), but we cannot and do not guarantee the quality and coverage of foreign networks. Roaming is an Additional Service and additional Charges apply.

 

5.       Charges and Payment

(a)     To be able to use the Services you must ensure that you have sufficient Credit. In particular you will not be able to use a Service where you have no Credit or where the amount of Credit is less than the minimum charge for that Service.

(b)     As Charges are incurred they will be deducted from the Credit. Charges incurred simultaneously are deducted simultaneously. In the event that the Credit is insufficient to meet all Charges due those contracted for earlier will receive preference thus Charges for Additional Services shall be applied in the order in which those Additional Services were ordered by you and shall be applied after Charges due for the Basic Services.

(c)     The Charges are available online at http://www.vectonemobile.co.uk/ and from our customer services department.

(d)     You must pay for the Services in advance and do this by purchasing Top-up Vouchers. Once you register a Top-up Voucher it, and its Credit, is recorded against your Account and Charges applied to your Account are deducted from the Credit attached to that Top-up Voucher.

(e)     Where you have more than one Top-up Voucher recorded against your Account the Charges will be deducted from the available Credit on the earliest activated Top-up Voucher first.

(f)      Top-up Vouchers are not redeemable for cash and will expire if you do not use all the related Credit within the period or before the deadline stated on or with the Top-up Voucher itself.

 

6.       Use of Services and your obligations

(a)     You agree NOT to use the Services and NOT to permit any third party to use the Services:

i.         for anything unlawful, immoral or improper;

ii.        to make offensive or nuisance communications in whatever form, or to make or receive reverse charge calls;

iii.      with equipment that is not approved for use with the Network including, but not limited to, SIM-boxes and SIM-gateways;

iv.      to supply goods or services to any third party;

v.       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;

vi.      to gain access to the services of any third party voice over internet protocol calling provider unless expressly permitted by us;

vii.    to transmit a Virus; and

viii.   for the purposes of providing telephony and/or other services to third parties which rely on the Services.

(b)     You agree TO:

i.         give us any information we reasonably request;

ii.        follow our reasonable instructions;

iii.      comply with the instructions and demands of other networks where you are roaming;

iv.      to inform us of any changes in your contact details where you have previously registered these with us. Where you fail to do so you agree that delivery of notice to the contact details we have is effective; and

v.       tell us of any claim as soon as possible.

 

(c)     Fair use policies may apply to specific Services that we provide to you. Where they do we will post them on our website and you agree to abide by them.

(d)     Any failure to comply with any of the terms of this clause 6 is a breach of this Agreement that entitles us to terminate this Agreement.

 

7.       Suspension of the Services

(a)     We may suspend or cease supplying the Services to you without warning where:

i.         You are in breach of one or more terms of these terms and conditions or someone who uses your Vectone Mobile SIM or Equipment is in breach of them;

ii.        the Network breaks down or needs maintenance. Vectone Mobile tries to minimize these cases;

iii.      anyone who uses the Equipment or a Vectone Mobile SIM does not keep to the conditions of this Agreement; and

iv.      your use of the Services damages the Network or puts the Network at risk.

 

(b)     Where we suspend this does not affect your obligation to pay the Charges, save in the event of suspension or disconnection as a result of our maintenance of the Network which extends beyond three days and affects the entire Network in which case we will not charge any service Charges for the period in which you cannot use the Services.

(c)     We may apply a fee to reconnect the Services where we have suspended them and/or disconnected any Vectone Mobile SIM from the Network under 7.(a)i., 7.(a)iii. or 7.(a)iv.

(d)     Our right to suspend the Services under this Clause 7 does not affect any other rights we have to suspend or terminate this Agreement.

 

8.       Termination

(a)     Where you do not use the Services at least once every 180 days your Vectone Mobile SIM will be disconnected from the Network, this Agreement will be terminated, any Top-up Voucher recorded on your Account that has not expired will be forfeited and you will lose your Number.

(b)     We may also terminate this Agreement IF:

i.         You are in breach of any term of this Agreement which is incapable of remedy or where your are in breach and we have asked you to remedy that breach but you have not within 7 days of our asking you to do;

ii.        We suspend it in accordance with Clause 7;

iii.      You become insolvent or are made bankrupt; or

iv.      We are no longer allowed to operate the Network or provide you with the Services.

 

9.       Notice

(a)     All written notices to us have to be sent to:

 

Vectone Mobile

Customer Services

54 Marsh Wall

London E14 9TP

 

10.    Liability

(a)     Save for personal injury or death as a result of our negligence our liability to you under this contract is limited to 3,000 for an incident and all related incidents and a maximum of 6,000 in any 12 month period. Notwithstanding the foregoing, 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 reasonable foreseeable when you entered into this Agreement.

(b)     We are not liable to you where we cannot fulfil our obligations under this Agreement as a result of something beyond our reasonable control and expectations.

(c)     We are also not liable to you where we are unable to provide the Services as a result of the maintenance of our Network.

(d)     Where you lose the Vectone Mobile SIM or it is stolen you remain liable for any Charges incurred whilst the Vectone Mobile SIM is not in your possession but before you tell us that is has been lost or stolen. This includes, but is not limited to cases where your Vectone Mobile SIM is cloned.

(e)     If as part of the Services we enable you to access the internet you agree that we are not liable for any content that you access, upload or download whether knowingly or not except for content that we make available to you directly.

(f)      This Clause 10 survives the termination of this Agreement.

 

11.    Third parties

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

(b)     Notwithstanding the foregoing you may be capable of contracting with one or more third party when you use the Services. Where you contract with a third party whilst using the Services you confirm and understand that we are not a party to that Agreement even where payments due to that third party are deducted from Top-up Vouchers recorded against your Account.

 

12.    Amendments

(a)     We may make reasonable amendments to the Agreement on giving you at least one months notice.

(b)     If an amendment to the Basic Services has, or is likely to cause, a material detriment to the Service and is not as a result of a requirement by any regulatory authority or for legal reasons, we will give you notice and unless you terminate this Agreement by giving us notice in writing during that period the amendments will apply once that notice period has run out.

(c)     We may also change your Number where we reasonably require. Where we do so we will give you prior notice and explain why.

(d)     Amendments will also be published on the website http://www.vectonemobile.co.uk/ and you agree that the publishing of these notices has the same effect as our giving you written notice by post.

 

13.    General

(a)     You may not transfer any rights or responsibilities under this Agreement without our express written consent.

(b)     We may assign this Agreement at any time without your prior consent provided that such assignment does not affect the Services.

(c)     Failure by us to enforce any of the terms of this Agreement shall neither be construed as a waiver of any right or remedy nor shall in any way affect the validity of this Agreement, or any part thereof, and no waiver of a breach of this Agreement shall constitute a waiver of any other breach.

(d)     Termination of this Agreement shall not operate as a waiver of any breach by you of any of the terms of this Agreement and shall be without prejudice to our rights or remedies which might arise as a consequence of such breach, or which may have accrued up to the date of such termination.

(e)     A finding that a term of this Agreement is, or has become, invalid, illegal or unenforceable in any respect under governing law shall not affect or impair the validity, legality or enforceability of any other terms of this Agreement so long as the purpose of this Agreement is still capable of performance.

(f)      This Agreement is governed by the Laws of England and Wales and any dispute arising out of this Agreement is subject to the jurisdiction of the Courts of England and Wales.

(g)     Notwithstanding the above you may refer a dispute arising out of this Agreement for alternative dispute resolution where our Code of Practice provides for this. If you would like a copy of our Code of Practice please contact our customer services team.

14.    How we use your Personal Information

(a)     We are committed to the privacy and security of your Personal Information and to the observance of our obligations under the Data Protection Act 1998, and will only retain your Personal Information for so long as is necessary for its use.

(b)     You agree that we can process your Personal Information and that we can use your Personal Information:

i.         to manage your Account, your Vectone Mobile SIM and your Number which includes but is not limited to, creating and maintaining records and accounts; calculating and apply the Charges and providing customer services facilities;

ii.        to provide customer services facilities to you in respect of any query or complaint you make have;

iii.      by supplying your Personal Information to third parties for the purposes of providing the Services to you;

iv.      to carry out security checks;

v.       to carry out duties necessary to the running of our business; and

vi.      to comply with our legal requirements.

 

(c)     We may supply your Personal Information to affiliated and/or associated companies for the purposes listed in 14 (b) above. Where we do so and this results in your Personal Information being processed abroad we confirm that we are responsible for ensuring that it is held safely.

(d)     Additionally, where you have not indicated any objection, we may:

i.         use your Personal Information for our marketing purposes;

ii.        disclose your Personal Information to affiliated and associated companies who may contact you to provide you with information in respect of services and goods that may be of interest to you;

iii.      disclose your Personal Information to third parties who may contact you to provide you with information in respect of services and goods that may be of interest to you;

iv.      rent, exchange or sell your Personal Information to or with third parties; and

v.       contact you by electronic means, including by e-mail and by SMS, and by telephone to provide you with details of our available offers.

 

(e)     You have the right to refuse to the use of your Personal Information for of the purposes stated at Clause 14 (d) above. Where you do refuse to this use of your Personal Information please put your refusal in writing, detailing which aspects of our use you refuse, and send it to the address at which you should send us notice.

(f)      You have the right to update your Personal Information. Where you want to update your Personal Information you must advise us specifically of what it is that you want us to update and this must be in writing sent to the address at which you should send us notice. So as to safeguard against fraud we may ask you for confirmation of your identity before acceding to any request to update your Personal Information.

(g)     You have the right to obtain a copy of the Personal Information that we hold on you. If you want a copy of that Personal Information you must make your request in writing to the address at which you should send us notice. We may charge you an administration fee in respect of your request.

 

Promotional Terms and Conditions

Vectone Mobile/Vectone Mobile PLUS: Vectone retains the right to cancel or modify these promotional terms at any time. For complete and most recent terms and conditions see http://www.vectonemobile.co.uk/

50 Free Credit:50 free credit is only available with 50 Vectone Mobile Plus vouchers. Free credit is also available with 10, 20, and 30 Vectone Mobile Plus voucher. Free credit amount varies with the voucher denomination. A combination of different denominations equal to one particular denomination top-up does not qualify for the offer. The free credit amount is valid only for one month from the date of top-up. During the promotional period, your free credit will be used first, then your regular credit. Any unused free credit can-not be carried forward after the expiry date.  Free credit excludes calls made whilst roaming overseas, calls to non-geographic and special numbers, voicemail and SMS. It may take up-to 24 hours to get the free credit in your account after top-up. This offer is only available with a maximum of 6 top-ups/calendar month with 10 Vectone Mobile Plus voucher; 4 top-ups/calendar month with 20 Vectone Mobile Plus voucher; 2 top-ups/calendar month with 30 Vectone Mobile Plus voucher; and only once a calendar month with 50 Vectone Mobile Plus voucher. This offer cannot be used in connection with any other offer. This offer is valid from 06.07.2010 until 31.07.2010.

1p international weekend: This offer applies to calls made to fixed and mobile numbers to selected international destinations between 00.00.01hrs Saturday and 24.00hrs Sunday only for top ups done between 00.00.01hrs Mon and 24.00hrs Sun: for the same and the following weekend between 00.00.01hrs Sat and 24.00hrs Sun for a 10 top up; and, for the same and the next 3 weekends between 00.00.01hrs Sat and 24.00hrs Sun for a 20 or higher Vectone Mobile top-up. 1p offer is only available with 10 or more Vectone Mobile top-up. The number of 1p International minutes displayed on the website for Mobile and Landline can be used as a mix and match combination. This offer is only available to customers who purchase a UK Vectone Mobile top-up voucher and applies only to specific international destinations see http://www.vectonemobile.co.uk/offers/1p-weekends-international-call.aspx. Any unused minutes cannot be carried forward after the voucher expiry, weekend validity or in conjunction with any other offer. These offers exclude calls to special numbers, non-geographic numbers and calls made whilst roaming. This offer expires on 31.07.2010. 

5p Weekdays Offer: This offer is only applicable with 10 or more Vectone Mobile top-up. For customers topping up with 5 Vectone Mobile voucher, UK Mobile calls will be charged at 10p/min and UK Landline calls will be charged at 5p/min. 5p weekdays offer applies to calls made to UK mobiles and UK fixed lines, SMS to UK mobiles on weekdays for Vectone Mobile top up and excludes all calls and SMS to special, premium-rate and non-geographic numbers, and calls and SMS made whilst roaming.

1p national weekend: This offer applies to calls made to UK BT fixed lines only between 00.00.01hrs Saturday and 24.00hrs Sunday only for top ups done between 00.00.01hrs Mon and 24.00hrs Sun: for the same and the following weekend between 00.00.01hrs Sat and 24.00hrs Sun for a 10 top up; and, for the same and the next 3 weekends between 00.00.01hrs Sat and 24.00hrs Sun for a 20 or higher Vectone Mobile top-up. Any calls to UK Landline outside the free allowance will be charged at standard rate of 5p/min. This offer is only available to customers who purchase a UK Vectone Mobile top-up voucher. Any unused minutes cannot be carried forward after the voucher expiry, weekend validity or in conjunction with any other offer. These offers exclude calls to special numbers, non-geographic numbers and calls made whilst roaming. This offer expires on 31.07.2010. 

 7.50 credit free: Free credit for switching your number to Vectone paid 2.50 per first 3 top ups only.

Free Calls, text and Internet: With every Vectone Mobile/Vectone Mobile Plus top-up, the customer receives a mix and match bundle of free calls and text within the UK from Vectone Mobile to Vectone Mobile and Vectone World; and free mobile Internet. Free international calls on Vectone World are the part of Internet and on-net allowance on Vectone World. The mix and match free allowance is based on the top-up denomination. One SMS is treated as a one minute Vectone to Vectone call and 1 MB internet is treated as 5 minutes Vectone to Vectone call or 5 SMS. Standard charges apply to any usage outside the free allowance.In a calendar month, this offer is only available with a maximum of 6 top-ups of £5 voucher, 4 top-ups of £10 voucher; 2 top-ups of £20 voucher; and only one top-up of £30 and above vouchers. Any unused minutes or data allowance cannot be carried forward after the voucher expiry or in conjunction with any other offer. These offers exclude calls to special numbers, non-geographic numbers and calls/text made, or mobile internet access whilst roaming. This offer is valid until 31.07.2010.

Make money when you receive calls: This offer is applicable for calls received by a Vectone Mobile/Vectone Mobile Plus UK customer from any other Non Vectone number. In a month, customers will get 5 free credit for every for every 250 minutes of calls received on weekends, and 10 free credit for every 500 or more minutes of calls received on weekends. Customers can get a maximum of 10 free credit against this offer. This offer is valid until 31.07.10

Prepay

For National SIM

5 credit for national calls and national SMS. Excludes calls to special and non-geographic numbers, and calls made whilst roaming. 2.5  extra credit will be made available to Vectone Mobile UK users who register online and top up within 10 days of registration. 2.5 extra credit will be sent to the customers home address with the PIN number within 10 working days of meeting the criteria . The PIN Number will work only on the Mobile number with which the SIM  has been registered online .

You can also earn extra credit up to 7.5 on successfully porting in your number to Vectone Mobile.To earn 7.5 extra credit , customer will have to top up at least 3 times after successfully porting in. 2.50 will be credited every time the customer tops up.Offer available until 31.07.10

For International SIM

5 credit for international and national calls and SMS. Excludes calls to special and non-geographic numbers, and calls made whilst roaming. 2.5 extra credit will be made available to Vectone Mobile UK users who register online and top up within 10 days of registration. 2.5 extra credit will be sent to the customers home address with the PIN number within 10 working days of meeting the criteria. The PIN Number will work only on the Mobile number with which the SIM  has been registered online .

You can also earn extra credit up to 7.5 on successfully porting in your number to Vectone Mobile. To earn 7.5 extra credit , customer will have to top up at least 3 times after successfully porting in. 2.50 will be credited every time the customer tops up.Offer available until 31.07.10

For Zero SIM

2.5 extra credit will be made available to Vectone Mobile UK users who register online and top up within 10 days of registration. 2.5 extra credit will be sent to the customers home address with the PIN number within 10 working days of meeting the criteria . The PIN Number will work only on the Mobile number with which the SIM  has been registered online . You can also earn extra credit up to 5 on successfully porting in your number to Vectone Mobile. To earn 5 extra credit , customer will have to top up at least 2 times after successfully porting in. 2.50 will be credited every time the customer tops up.Offer available until 31.07.10.

The 5 extra credit on the numbers ported in before 30 th April 2010 and topped up 3 times will be valid till 16th May 2010 only .

Caller Tunes

The first month of subscription following activation is free. After one month, a monthly subscription fee of £0.50 will be deducted from your account. Should you have insufficient balance in your account when we attempt to deduct the monthly charge, your caller tune will be deactivated until such time as you sufficiently top up your Account. Please login to your account and select the unsubscribe/deactivate option to unsubscribe from caller tunes. Please visit http://www.vectonemobile.co.uk/ for terms and conditions of use.

Selection of own song

You may upload your own content as a Caller tune on http://www.vectonemobile.co.uk/. You are solely liable for the content and/or information you upload and warrant that you are the owner of the content or hold the licenses and/or rights to use it. By uploading content on the Vectone Mobile platform, you grant Mundio Mobile Limited, and confirm that you have the right to do so, a non-exclusive perpetual license both to broadcast the content and to edit or alter the content or length of the upload as we may require . You further warrant that you will not upload any pornography, defamatory or otherwise offensive material. You agree to indemnify Mundio Mobile Limited against any and all third party claims, including but not limited to intellectual property claims, arising out of uploading and your or our use of content. To subscribe visit My Vectone at http://www.vectonemobile.co.uk/. We reserve the right to withdraw uploaded content and your right to upload content onto the Vectone Mobile platform at any time. Number of files that may be uploaded at any time may not exceed five. File size subject to a limit of 10MB per upload, and library to a limit of 100 MB.