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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. The offers cannot be used in conjunction with any other
offer.
£20 Free Credit: This offer is only available
to Vectone Mobile PLUS customers. £20 free credit is available only
with £20 Vectone Mobile PLUS voucher and is valid for three
consecutive weeks only. For £5 top-up - whenever you top-up in the
week, £2.5 free credit is valid till 2359 hrs Sunday of the same
week. Similarly, £6 free credit for 2 consecutive weeks with £10
top-up, £30 free credit for 4 consecutive weeks with £30, and £50
free credit for 4 consecutive weeks with £50 top-up. Customer is
always charged from the free credit first, then the main credit. If
customer tops-up with another voucher within the free credit
validity period of existing voucher, then the existing free credit
will be expired; and only the remaining main balance will add up
with the total credit available with the most recent top-up. Free
credit cannot be used during roaming and for any use on NTS Calls,
Premium Rate Numbers, 0870 Numbers and Personal Numbers. In a
calendar month- free credit is only available with maximum 4
top-ups of £5, 3 top-ups of £10, 2 top-ups of £20, and 1 top-up for
£30 & £50 voucher. This offer cannot be used in conjunction
with any other Vectone Mobile offer. This offer is valid until
30.09.2010.
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 weekend between 00.00.01hrs Sat and 24.00hrs Sun for a £10 top
up; and, for the same and the following weekends between
00.00.01hrs Sat and 24.00hrs Sun for a £20 top-up; for the same and
next 2 weekends between 00.00.01 hrs Sat and 24.00 hrs Sun for a
£30 top-up; for the same and next 3 weekends between 00.00.01 hrs
Sat and 24.00 hrs Sun for a £50 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. 1p
international minutes cannot be used during roaming and for any use
on NTS Calls, Premium Rate Numbers, 0870 Numbers and Personal
Numbers. This offer expires on 30.09.2010.
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 receiving 500 minutes
of incoming calls. Customers can get a maximum of £10 free credit
for receiving 1000 or more minutes of calls in a month. This offer
is valid until 30.09.10
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. 1p international
minutes cannot be used during roaming and for any use on NTS Calls,
Premium Rate Numbers, 0870 Numbers and Personal Numbers. This offer
expires on 30.09.2010.
Free Stuff with Free SIM: Every Zero SIM
contains £5 worth of credit for mix and match use to send National
texts and access Mobile Internet. The free stuff cannot be used
during roaming and for sending text to any NTS No., Premium Rate
Numbers, 0870 Numbers and Personal Numbers. Fair use policy of
maximum 5 texts per day apply. A maximum of 100 texts can be send
in a month. The free credit will expire once the top-up is made.
This offer is valid till 30.09.10.
Vectone Mobile - Free Calls, text and Internet:
With every Vectone Mobile 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 The free stuff cannot be
used during roaming and for sending text or making calls to any NTS
No., Premium Rate Numbers, 0870 Numbers and Personal Numbers. This
offer is valid until 30.09.2010
Unlimited Mobile Internet add-on : This
add-on is available to both Vectone Mobile and Vectone Mobile PLUS
customers for £5 per month. Unlimited mobile internet subject to a
fair use policy of maximum 1GB per month. For Vectone Mobile PLUS
customers, the main balance will be used for purchasing the add-on
and the free credit (if any) will be deducted proportionally. The
pass is valid for one calendar month from the date of subscription.
In case of free internet allowance available with the top-up; the
monthly pass mobile internet allowance will get precedence.
Customer can subscribe only one pass in a month. This add-on is not
valid for roaming use. This offer is valid until 30.09.2010.
Vectone Mobile PLUS –
Free International calls on Vectone World and Mobile
Internet - With every Vectone Mobile PLUS top-up, the
customer receives a mix and match bundle of free international
calls and text on Vectone World, and free mobile Internet
allowance. The mix and match free allowance is based on the top-up
denomination. 1 MB internet is treated as 5 minutes of
International calls on Vectone World. 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. The free stuff cannot be used
during roaming and for sending text or making calls to any NTS No.,
Premium Rate Numbers, 0870 Numbers and Personal Numbers. This offer
is valid until 30.09.2010.
Free Caller Tunes: The first month of
subscription following activation is free. After one month, a
monthly subscription of £0.50 will be charged. An additional £0.25
will also be charged for any tune change. 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.This Offer is valid until
30.09.2010.
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.
½ Price International Calls : This offer
is only available for UK Vectone Mobile Customers and only applies
to those countries listed above. This offer applies to calls
made between 00.01 hrs Saturday and 23.59hrs Sunday only for top
ups of £10 or above purchased between 00.01hrs Monday and 23.59hrs
Sunday in the same week. Calls made to all other destinations will
be charged at standard rates. The offer excludes calls made during
roaming and for sending text or making calls to any NTS No.,
Premium Rate Numbers, 0870 Numbers and Personal Numbers. This offer
is valid until 12.09.2010.
Budget Bundles: This offer is only
for UK Vectone Mobile customers and cannot be used in conjunction
with any other offer. One customer can subscribe to only one bundle
at a time, and can only make calls to the country/countries
included in the subscribed bundle. Unlimited calls are subject to
our fair use policy of maximum 2000 minutes per month. Excludes
calls made whilst roaming and excludes calls to non-geographic and
special numbers. Budget bundle minutes for India, Pakistan and
Bangladesh budget bundles can also be used for sending texts. One
text is treated as one bundle minute, excludes texts to any premium
number. The date after one calendar month from the first bundle
activation date is referred as Bundle Anniversary Date. Bundle
minutes cannot be carried forward after the Bundle Anniversary
Date. If the Customer exceeds the minutes available in the chosen
bundle, all further calls will be charged at standard rates. For
the unlimited bundle, calls made to numbers other than the
customer’s chosen number will be charged at the standard rate. Only
one bundle may be activated in one calendar month. Bundles come
with an auto top-up option which means that a bundle will be
automatically renewed every month on the Bundle Anniversary Date.
If the Customer has insufficient credit in their main balance on
the Bundle Anniversary Date, the bundle will be re-activated as
soon as sufficient credit is available. The customer’s account and
the Bundle Anniversary Date will be amended to one calendar month
after the re-activation date. In order to switch to an alternative
bundle, or to change the subscribed number for unlimited bundles,
the customer must cancel his/her current bundle subscription. To
cancel the subscription or disable auto-activation, send a free SMS
stating ‘Stop’ followed by the applicable bundle Code to 345. If
you want to deactivate Unlimited Calls Bundle, compose an SMS
stating ‘STOP’ followed by ‘Bundle Code’ followed by ‘Subscribed
Number’ and send it to 345. The bundle minutes cannot be used
during roaming and for sending text or making calls to any NTS No.,
Premium Rate Numbers, 0870 Numbers and Personal Numbers.
The bundle balance can be checked by dialing
*2211#.