Terms & Conditions

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;

Contract means the contract between you and us for the sale and purchase of Goods incorporating these terms and conditions;

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;

Goods means the goods you agree to purchase from us, including but not limited to Top-up Vouchers, which goods give access to the Services;

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 which may be purchased in physical or electronic form;

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) 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.

(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. Cancellations / Returns of Goods

(a) Where you order Goods from us and we have confirmed acceptance of your order the following terms apply:

(i) If the Goods are defective, you must inform us within 7 days. If you fail to do, you are deemed to have accepted the Goods.

(ii) Where a claim of defect or damage is made we shall deactivate the Goods. If on inspection / investigation we find the goods to be defective, you shall be entitled to provision of replacement Goods of the same type and denomination.

(iii) In addition to the rights set out herein, you may have statutory rights under the Customer Protection (Distance Selling) Regulations 2000 as follows:

(1) Under the Distance Selling Regulations (2000) in the United Kingdom, as a UK resident, you have the right to cancel the Contract until the end of the 7th working day after the date on which a contract for purchase is formed between you and us.

(2) Where you use the Goods for Services before your right to cancel expires, you lose the right to cancel the Contract.

(3) Where you chooses not to use the Goods or use the Services until after the end of your right to cancel we will not provide the goods or use of the Services until after your right to cancel expires.

(4) Where you have the right to cancel and want to cancel the Contract you must write to our customer services team at 54 Marsh Wall, London E14 9TP ensuring that your letter reaches us before the expiry of your right to cancel.

(5) Where you have the right to cancel and give you notice to us that you want to cancel, we agree to return any payment made by you within 30 days of the date on which we receive your notice.

8. 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 minimise 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.

9. 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 you 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.

10. Notice

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

         Vectone Mobile
        Customer Services
         54 Marsh Wall
         London E14 9TP

11. 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.

12. 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.

13. 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.

14. General

(a) You may not transfer any rights or responsibilities under this Agreement without our expressed 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 be able to refer a dispute arising out of this Agreement for alternative dispute resolution pursuant to our Complaints Procedure (which can also be requested from our Customer Services Team).

Privacy Policy

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 may 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 (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 Text, 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 the purposes stated at (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 retains the right to cancel or modify these promotional terms at any time. All promotions only apply after the first top up. Calls made to CDMA devices will be treated as calls to a mobile phone.

Vectone Mobile/Vectone Mobile PLUS:

PAYG Internet Bundles

PAYG Internet Bundles not available on Vectone Mobile PLUS. Unlimited mobile internet is subject to a fair use policy of a maximum 1GB per month. 125 MB internet add-on is valid for 24 hours from date of purchase, 250 MB internet add-on is valid for 7 days from date of purchase, unlimited internet add-on and unlimited text add-on valid for 30 days from date of purchase. Standard rates apply to any usage outside the internet allowance or fair use policy limits. You can subscribe to only one internet add-on per month. Add-ons are not valid for roaming use.

Free Mobile Internet

Mobile Internet is available after topping-up up to maximum of 10MB usage per day. Free Mobile Internet access expires 30 days from top-up. Mobile Internet access over 10MB will be charged at a rate of 10p/MB. Not valid for roaming use.

Landline On-The-Go

Limited to one Landline On-The-Go Number per Vectone Mobile number. The date after one calendar month from the activation date is referred to as the Anniversary Date. Your Landline On-The-Go Number will be automatically renewed every month on the Anniversary Date. If you have insufficient credit in your main balance on the Anniversary Date, your Landline On-The-Go Number will be re-activated as soon as sufficient credit is available. The Anniversary Date will then be amended to one calendar month after the re-activation date. To cancel the subscription send a free Text stating 'STOPVN' to 345 at least 30 days prior to the Anniversary Date.

Free My Theme Tunes:

The first month of subscription following activation is free. After one month, a monthly subscription of £1 will be charged. Should you have an 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 My Theme Tunes. Please check the relevant section on the website and terms below for terms and conditions of use.

Selection of own song:

You may upload your own content as a Caller Tune on 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 the license to use your content, and confirm that you have the power 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. 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.

1 pence/min:

Each Vectone Mobile top-up entitles you to calls at 1 pence per minute to selected destinations as set out on the website. Unless otherwise stated calls are to landlines only. 1 pence minutes cannot be used for calls to special numbers or whilst roaming. Offer not available on Vectone Mobile Plus. Offer valid until 31.05.2012

Switch Bonus:

Internet access in excess of your switch bonus is charged at 10p/MB. Calls and texts in excess of the switch bonus will be charged at standard rates. The bundle minutes, internet and/or texts cannot be used whilst roaming and for sending texts or making calls to number translation services, premium rate numbers, 0870 numbers and personal numbers.

Recommend Bonus:

Limited to 10 recommendations per user.

World Bundle:

This offer is only for UK Vectone Mobile customers and is not available for Vectone Mobile PLUS customers. You can only make calls to the country included in the subscribed bundle. If you exceed the minutes available in the chosen bundle, all further calls will be charged at standard Pay As You Go rates. To cancel subscription, send free Text stating 'Stop' followed by the applicable bundle Code to 345. The bundle minutes cannot be used whilst roaming and for making calls to number translation services, premium rate numbers, 0870 numbers and personal numbers. Rates published apply on the basis of full usage of the allowance of minutes during the validity period.

Country Saver for Philippines:

1500 minutes to any single mobile number in a month. Calls can be made to any Sun Cellular mobile number in the Philippines. Minutes can be shared between other domestic Vectone numbers subject to a monthly charge of £5 for each additional number. Calls can be shared by up to a total of three domestic Vectone mobile numbers. Calls to Sun Cellular numbers must be to a number with an active SIM (having had credit applied to it at least once in every three month period). Other numbers including premium rate and non-geographic numbers are excluded. Any minutes not used within one month from the date of registration or renewal will expire. Subscription will be renewed automatically as long as there are enough funds in your Vectone Account. Charges for additional numbers will be taken on the date of addition and then on automatic renewal of the main account. Minutes used in excess of the allowance will be charged at our standard rates that can be viewed on our website. Activation may take up to three working days. You can have more than one Country Saver account or change the number included in your subscription. Payment for renewal will be made two days prior to the renewal date. Any change will take effect in the subsequent automatic renewal. Unsubscribe by giving one week notice by calling Vectone Customer Services. Unsubscribe by calling Vectone Customer Services. Please call Vectone Customer Services for any doubt as to the terms of this offer. Vectone reserves the right to terminate or change this offer and terms and conditions at any time.

Country Saver for Sri Lanka:

1500 minutes to any single mobile number in a month. Calls can be made to any Etisalat, Hutch, Mobitel, Airtel or LankaBell mobile number in Sri Lanka. The 1500 minutes can be shared between other domestic Vectone numbers subject to a monthly charge of £5 for each additional number. Calls can be shared by up to a total of three domestic Vectone mobile numbers (except where designated number is on the Etisalat network). Calls to Etisalat numbers must be to a prepay account with not less than LKR500 credit. Other numbers including premium rate and non-geographic numbers are excluded. Any minutes not used within one month from the date of registration or renewal will expire. Subscription will be renewed automatically as long as there are enough funds in your Vectone Account. Charges for additional numbers will be taken on the date of addition and then on automatic renewal of the main account. Minutes used in excess of the allowance will be charged at our standard rates that can be viewed on our website. Activation may take up to three working days. You can have more than one Country Saver account or change the number included in your subscription. Payment for renewal will be made two days prior to the renewal date. Any change will take effect in the subsequent automatic renewal. Unsubscribe by giving one week notice by calling Vectone Customer Services. Please call Vectone Customer Services for any doubt as to the terms of this offer. Vectone reserves the right to terminate or change this offer and terms and conditions at any time.

Country Unlimited:

3000 minutes to India, Pakistan and China numbers. This offer is only for UK Vectone Mobile customers and is not available for Vectone Mobile PLUS customers. Calls to special numbers are excluded. Minutes are valid for 30 days from the date of activation or renewal. Subscription will be renewed automatically as long as there are enough funds in your Vectone Account at the end of 30 day period. Minutes in excess of the allowance will be charged at the standard Pay As You Go price plan rate. Rates quoted are valid at time of printing. Activation/Auto renew might take up to 6 hours. To unsubscribe send free Text stating 'Stop' followed by the applicable Code to 345. Please call Vectone Mobile Customer Services for any doubts as to the terms of this offer. Vectone reserves the right to terminate of change this offer and terms and conditions at any time.

European Bundle:

This offer is only for UK Vectone Mobile customers and is not available for Vectone Mobile PLUS customers. You can only make calls to the countries selected in our offer. If you exceed the minutes available in the chosen bundle, all further calls will be charged at standard rates. Your subscription will be renewed automatically on its expiry date. To cancel subscription, send a free text stating 'Stop' followed by the applicable bundle code to 345. The bundle minutes cannot be used whilst roaming and for calls to number translation services, premium rate numbers, 0870 numbers and personal numbers. Rates published are based on full usage of the allowance of minutes during the validity period. Terms and conditions applicable may be varied on giving the customer a 7 days' notice prior to the next automatic renewal.

Text bundle:

This offer is only for UK Vectone Mobile customers and is not available for Vectone Mobile PLUS customers. Texts cannot be used whilst roaming or to special numbers. Your texts will expire 30 days from the date of activation or renewal and unused texts will not be carried forward. Fair use policy applies. Subscription will be renewed automatically as long as there are enough funds in your Vectone Account at the end of the 30-day period. Texts in excess of the allowance will be charged at the standard Pay As You Go price plan rate. Please call Vectone Mobile Customer Services for any doubts as to the terms of this offer. Vectone reserves the right to terminate this offer at any time.

UK Bundle:

This offer is only for UK Vectone Mobile customers and is not available for Vectone Mobile PLUS customers. You can only make calls or texts in the UK. Minutes/texts in excess of the allowance will be charged at standard rates available at www.vectonemobile.co.uk. Bundle minutes/texts have a validity period of 30 days. Unused minutes/texts will not be carried forward. Subscription will be renewed automatically as long as there are enough funds in your account at the end of the validity period. The bundle minutes/texts cannot be used whilst roaming or to calls to premium or special numbers. To cancel subscription, send free Text stating ‘Stop’ followed by the applicable bundle Code to 345. Rate quoted based on full usage of minutes/texts during the validity period. Vectone retains the right to cancel or modify this promotion at any time.

100 free minutes to any one Sri Lanka number:

100 free minutes to any single non-transferrable mobile number every time you top-up by £10 or more (maximum four top-ups in a 30 day period). Calls can be made to any Etisalat or Hutch mobile number in Sri Lanka. Other numbers including premium rate and non-geographic numbers are excluded. Any minutes not used within 30 days from the date of activation will expire. Minutes used in excess of the allowance will be charged at our standard Pay As You Go rates that can be viewed on our website. Activation may take up to two days. Vectone reserves the right to terminate or change this offer and terms and conditions at any time.

£10 Free Credit for UK calls:

Top up £10 and get £10 worth of extra credit for use to make national calls or texts. Extra credit only applies to the first two qualifying top-ups made in any calendar month. Subsequent top-ups in the same calendar month will not apply. Extra credit cannot be used for premium numbers or whilst roaming. Any unused credit will expire 30 days after the date of top-up. Offer expires at midnight on the 30th June 2012.