Contract Customer Agreement – I’ve read and agree to the following:
B. This Agreement is for the Minimum Period shown on the order form or in the Welcome Note. It starts when Talkmobile connects my SIM Card to the Plan shown and I may end it by giving Talkmobile 30 days' written notice. If it ends before the end of the Minimum Period (whether by me or Talkmobile), I must still pay all the Plan Charges until the end of the Minimum Period. This applies when this Agreement comes to an end in clause 8, except:
In these situations I don't have to pay all the Plan Charges until the end of the Minimum Period but, I may have to pay for my mobile Equipment.
C. Charges I'll pay all Charges (whether I use the SIM Card or not), due under this Agreement. The minimum price for the Services provided under this Agreement is the cost of all the Plan Charge for the Minimum Period. I understand that if I choose to pay my bill by credit or debit card I’ll be charged an administration fee in order for Talkmobile to process my payment. Some Charges are for Out of Plan Services. Charges for Out of Plan Services may change from time to time so I’ll check your website if I want to know what they are. If my mobile Equipment is lost, damaged or stolen, I'll still have to pay all the Plan Charges for the Minimum Period. If someone finds or steals my mobile Equipment or SIM, I am responsible for informing Talkmobile and I’ll have to pay any Charges they run up until I tell Talkmobile it's been lost or stolen. Charges for using the SIM abroad may be a lot higher than UK charges and I may be charged for receiving calls.
D. Making a payment for my mobile Equipment. If this Agreement ends before the end of the Minimum Period, Talkmobile will inform me of the applicable Charges that I am required to pay.
E. Personal Data. Talkmobile may use and share my personal information as described in clauses 10 and 11 and use information about the type of calls I make to analyse the service Talkmobile provides and for marketing purposes.
F. Changes to the Charges, Services and this Agreement. We sometimes have to put up our Charges or change our Services during your Agreement. If this happens, we'll tell you beforehand. You can read more about this in clause 12.
G. Price increases. Plan Charges are fixed for the duration of the Minimum Period unless You go over Your Plan allowance. However, Talkmobile may increase the charge for Out of Plan Services once in any 12 month period in line with the annual percentage increase in the Retail Price Index (RPI). If Talkmobile increases the charges for Out of Plan Services and this is to Your material detriment then You will have the right to leave this agreement. You can read more about this in clauses 8 and 12.
Talkmobile Contract Customer Airtime Conditions
These terms set out the agreement between (1) the customer whose name appears on the order form or welcome documents ('you', the 'customer' or 'your'); and (2) Talkmobile Limited ('us', 'we' or 'our') in respect of the Services as defined below.
"Charges" means the charges for the Services as published in the List of Charges Guide or which we otherwise provide. These include the monthly Plan Charges, usage charges or charges for Out of Plan Services and any other charges in respect of the Services provided to you or someone else using your Equipment;
"Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Services including all information supplied by content providers from time to time;
"Equipment" means – your mobile phone, tablet or other equipment and the SIM Card used to access our services;
“List of Charges Guide” is our price plan document setting out further details of the Services available to you and the pricing applicable to such Services. It is available on our website at talkmobile.co.uk, or by calling our Help Team on 0333 304 8064. We update this every so often;
"Minimum Period" means any minimum period for the Services (where applicable in relation to your specific Plan), which starts from the day on which the Services are first provided or from the day on which your Upgrade is effective (as applicable);
"MMS" means Multimedia Messaging Service;
"Network" means the electronic communications system that Talkmobile uses to provide the services in the UK;
“Out of Plan Alert (OPA)” means an alert which is sent to you via text when you’ve reached your Out of Plan Usage;
“Out of Plan Usage (OPU)” means the Charges you’ll pay for each call, text or megabyte of data you have used which is outside of your monthly Plan. The default OPU is set at £50.00 each month for all Talkmobile customers unless you call us to change this, subject to eligibility criteria.
“Out of Plan Services” (“OPS”) means those services from third parties which are charged in addition to your inclusive Plan allowance. Examples of OPS include additional UK minutes, text or data used outside of your Plan allowance, premium rate services, calls to call forwarding numbers, using your mobile while travelling abroad and to call people who are not in the UK, directory enquries services. Please check the pay monthly charges section of our website for current pricing before you use OPS, this can be found online at talkmobile.co.uk/all-plans/ .
"Plan" means the mobile plan detailing the Services you’ve chosen to receive as shown on your order form or Welcome Note;
“Plan Charge” the minimum monthly amount we charge you for the Plan you’ve chosen, as shown on your order form or Welcome Note.
"Services" means the communication service you receive through the Network, Out of Plan Services and other services that Talkmobile may provide to you;
"SIM Card" means the Subscriber Identity Module card containing data used to receive the Services;
"Upgrade" means the issue of a new mobile device to you or a change in your Plan on the condition that you enter into another minimum term contract with us on our then current terms and conditions;
“Welcome Note” means the letter or email we send you when you join or Upgrade with us.
2.1. Where you’ve entered into a Minimum Period, this Agreement will continue for the Minimum Period and thereafter unless and until terminated by either party in accordance with Clause 8 below.
2.2. If you take an Upgrade you agree that a new Minimum Period will apply.
2.3. Where no Minimum Period applies, this Agreement will continue unless and until terminated by either party in accordance with Clause 8 below.
3. Provision of Services
3.1. The Services which we agree to provide to you may not be available in all parts of the United Kingdom and as per clause 3.2your SIM Card will barred from certain Services and a credit check will be required to have those services unbarred. The Services which we agree to provide to you may not be available abroad unless you have international roaming enabled and even when you have international roaming enabled, it may not be available in all areas abroad. To find out which Services are available abroad visit talkmobile.co.uk/help/abroad. You may not be able to use the Services which we agree to provide to you to call all countries or all international numbers. Unless otherwise agreed, the Services do not include call divert or call waiting. We reserve the right to add to, substitute, or to discontinue any Additional Services at any time. We do not guarantee the continuing availability of any particular Additional Services. Not all mobile devices will be able to receive the Services. If you buy a SIM Only tariff from us, your current device may be restricted to use on another network or ‘locked’ and you may need to obtain an unlocking code from your current service provider to be able to receive the Services. Failure to enter the correct unlocking code may result in your device becoming permanently blocked. We accept no responsibility for devices blocked in this way or for any costs incurred in the provision of an unlocking code.
3.2. When you join Talkmobile your SIM Card will be barred from making premium line phone calls and premium texts, making international calls and using overseas networks which mean you won’t be able to make premium calls or texts whilst at home or overseas or use overseas networks when at home or abroad. Using your Service abroad will depend on whether we have arrangements with the foreign network operators. For more information about this visit talkmobile.co.uk/help/abroad The ability for you to use these services is subject to credit status, if you want to have your SIM Card unbarred, then you should call 0333 304 8064. Customers who wish to either use the Network overseas or utilise any premium rate or international services must meet Talkmobile’s eligibility criteria, of being a contract Talkmobile customer for at least 3 months, and have paid such bills in full when due. These eligibility criteria also apply if you wish to increase your Out of Plan Usage (“OPU”). If eligible, you may increase your OPU by up to 50% in one month’s bill cycle, up to a maximum of double the original Out of Plan Usage (“OPU”). For example if your OPU is £50 you can increase your OPU by £25 in one month, and in the following month you could increase it again by £25, which gives you a total of £100 for any Out of Plan Usage (“OPU”). You’ll receive an Out of Plan Alert (“OPA”) when you’ve reached your Out of Plan Usage (“OPU”).
3.3. If you use your SIM Card abroad, you’ll be charged for the calls that you receive as well as for those that you make. Charges incurred using your roaming service may take longer to be charged than normal charges.
3.4 We’ll try to give you the Services when you want them. However, due to the nature of mobile technology, it's impossible to provide a fault-free Service. The Services and content services you enjoy in the UK may not be available when you're abroad.
3.5. We aim to connect your SIM Card to the Services within 5 Working Days of accepting your order. If you place an order for an Additional Service or otherwise instruct us to change the Services (i.e. to bar calls) we’ll try our best to complete your order as soon as possible but there may be a delay in your order being completed. We’ll not be liable to you for any costs, expenses or claims arising directly or indirectly out of such delay.
3.6. In the interest of other users, the number and duration of messages that can be left on your voicemail service will be limited. Please note that your confidentiality of messages cannot be guaranteed. You must not record an abusive greeting message. You may not be able to use the voicemail service while abroad.
3.7. On connection of your SIM Card to the Network (or at any time later on), we’ll set your Out of Plan Usage on the Charges you may incur during each calendar month in addition to your monthly Plan Charges. We shall give you notice if a change is made by us to your Out of Plan Usage. If you wish to vary your Out of Plan Usage you should contact our Help Team by calling 0333 304 8064. We may agree to vary the Out of Plan Usage after making credit checks. You’ll be sent an Out of Plan Alert (“OPA”) when you’ve reached your Out of Plan Usage. Once we have established that you’ve exceeded your Out of Plan Usage (which may take some time), the Services will be restricted and on attempting to make any call you’ll, be automatically diverted to our Help Team who will be able to assist you.
3.8. Please note that the Out of Usage Alert doesn’t function in real time and therefore you may be able to incur Charges which result in you exceeding your Out of Plan Usage (“OPU”). If this happens, you’ll still be liable to pay for all Charges incurred in excess of your Out of Plan Usage.
3.9. Upgrades are at the sole discretion of Talkmobile and will be subject to a credit check and a Minimum Period unless we notify you otherwise.
3.10. If you use your Equipment to browse the internet or use content services, we accept no responsibility for any content or services you access.
4. Things we may have to do
4.1. Occasionally we may have to:
4.2. From time to time we may have to migrate your account from one billing platform to another. In these circumstances we will notify you if migration of your account will affect the Services to your detriment in any way.
5. Our Rights to Bar or Disconnect Your Mobile Device
5.1. We can at our discretion bar your SIM Card from making calls (other than to the emergency services), sending MMS and/or SMS messages and/or sending or receiving data and/or disconnect your SIM Card from the Network if:
5.2. You must pay any outstanding Charges including those incurred under Clause 3.8 and, if applicable, a re-connection charge if the Services are temporarily barred and/or you’re Equipment and/or SIM Card is disconnected from the Network for the reasons stated in Clause 5.1.
5.3. If we bar your Services because you break this Agreement, the Agreement will still continue. You must pay all Charges due from you under this Agreement until the Agreement is ended by notice in accordance with Clause 8.
6.1. The Charges for the Services will be calculated in accordance with your Plan and our List of Charges Guide using the details we have recorded. The List of Charges Guide may change from time to time.
6.2. We’ll provide you with a monthly text detailing the total amount of Charges (including VAT) for each billing period and the payment due date. A full itemisation of the Charges incurred and usage can be accessed online via talkmobile.co.uk/myaccount. If you’d prefer to receive your bill in a paper format (for which we will charge you in accordance with the List of Charges Guide) please go to talkmobile.co.uk and chat online or call us on 0333 304 8064.
6.3. You must pay to us all the Charges arising under this Agreement whether incurred by you or anyone else using your Equipment and/or SIM Card with or without your knowledge at the times and in the manner set out in this Agreement even when such Charges exceed any Out of Plan Usage imposed upon your account.
6.4. Charges are payable to us by direct debit on the dates notified to you following acceptance of your order. Alternatively, you may choose to make payment of the Charges due by debit or credit card but, we’ll then charge you an administration fee each month. You must pay the Charges (including VAT) within 14 days of the date of any bill.
6.5. If a direct debit is dishonoured or cancelled, we’ll attempt to collect again within 5 days. If payment fails for the second time we shall be entitled to charge you an compensation fee for our losses that we incur as a result of such dishonoured or cancelled direct debit (which may include third party charges levied on us).
7. Your Responsibilities
7.1. You agree to use your SIM Card and the Services in accordance with the terms of this Agreement and any other instructions issued by us. You acknowledge that the SIM Card provided by us to you doesn’t belong to you but, remains our property. You can’t sell your SIM Card, your number, code or any associated number or agree to transfer them (other than through porting it to another network in accordance with the standard porting process) to anyone else without our consent we’ll not unreasonably refuse consent.
7.2. You’ll be responsible for any Charges incurred as a result of unauthorised use of the Services and/or the SIM Card, or the information contained within your SIM Card, until you’ve notified us of the need to suspend the Services, e.g. as a result of your loss of your SIM Card.
7.3. You agree:
7.4. You mustn’t use the Services for any improper, immoral, obscene, defamatory, harmful, offensive or otherwise unlawful purpose. You must comply with any instructions we give you about the Services and, unless agreed otherwise,
7.5. The use of the SIM Card, phone and Plan is for personal use only and cannot be used for commercial or business purposes. Talkmobile will not issue VAT invoices. You mustn’t use or permit any other person to use the Services:
7.6. You mustn’t connect a GSM Gateway to the Network or otherwise establish, install or use a GSM Gateway in relation to the Network or the Services without our prior written consent, which may be withheld at our absolute discretion.
7.7. You agree that you’re procuring the SIM Card provided by us to you and the Services solely for your own use and that you’ll not re-sell or otherwise act as any form of distributor in respect of the SIM Card or the Services.
8. Suspension and Termination of the Agreement
8.1. Either you or we may end this Agreement by giving the other 30 days’ notice in accordance with Clause 8.5 below. Unless you have ended the Agreement in accordance with Clause 8.2 or Clause 8.3 below, you must immediately pay us the Charges including any monthly (or other periodic) line rental charges for any remaining Minimum Period.
8.2. Either party may terminate this Agreement at any time on notice (in accordance with Clause 8.5 below) to the other, without any liability, if that other (the "Defaulting Party"):
8.3. You may also end this Agreement immediately by notifying us if:
8.4. We may also end this Agreement by notifying you:
8.5. If you wish to terminate this Agreement, please go to talkmobile.co.uk and chat online to one of our Help Team or call 0333 304 8064 and we’ll advise you of what you have to do. Alternatively, write to us at the address set out in Clause 14.7 of this Agreement. In all instances, you must state your name, address, mobile phone number and account number and sign and date your termination letter. Your notice period to terminate your Agreement will begin 30 days from the date Talkmobile receives your termination letter.
8.6. If this Agreement is ended;
8.7. We may suspend the Services where your Out of Plan Usage is exceeded.
8.8. We may also suspend or terminate the provision of the Services where this is strictly necessary:
8.9. If the Services are suspended, this Agreement will still continue. You must pay all Charges under Clause 6 during any period of suspension until the Agreement is ended including all monthly (or other periodic) line rental charges for any Minimum Period which continues to run.
8.10. If we elect to suspend the Services (you’ll still be able to make 999 and 112 calls) rather than to terminate them as a result of your breach of the terms of this Agreement, we reserve the right not to provide them again until you confirm that you’ll use the Services only in accordance with the terms of this Agreement.
9. Matters beyond our reasonable control
9.1. We’ll not be legally responsible to you if we cannot provide the Services because of something outside our reasonable control.
10. Use and Disclosure of Information
10.1 We and our group companies may use your information to:
10.2 We don’t include your details in any directory or directory-enquiry service. If you want to have your information included in these services, you should contact us.
11 Credit-reference and fraud-prevention agencies
11.1 You can ask us about how we use your details for credit checking and fraud prevention when you take out this Agreement. We’ll also release, to credit-reference agencies, debt-collection agencies and fraud-prevention agencies, details of your Agreement with us including any change of address, payments you make, account balances, missed payments, disputes and queries. We, and other organisations, may use this information to help make decisions about other credit applications made by you or other members of your household you are linked to financially and to protect both our business and our customers from fraudulent activity. We may also use any information we hold to trace debts and assess claims. If you don't pay us in full, and on time, we may tell credit-reference agencies who will record the debt against your personal credit file which may affect your ability to obtain credit in the future.
11.2 If false or inaccurate information is provided and fraud is identified, details will be passed to fraud-prevention agencies. Law-enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:
11.3 Please contact us at the address at clause 14.7 of this Agreement if you want to receive details of the relevant fraud prevention agencies. We and other organisations may access and use, from other countries, the information recorded by fraud-prevention agencies.
12. Changing the Agreement
12.1. We may increase the charge for Out of Plan Services once in any 12 month period and we’ll give you 30 days’ notice. If we make an increase to Out of Plan Services which has the effect of increasing your total Charges by more than the annual average percentage increase in RPI when compared with the Charges 12 months prior to the increase you have a right to end this Agreement under clause 8.3.3 and we'll tell you if you do.
12.2. We may change or withdraw Services at any time and we may change or introduce new terms to this Agreement at any time. If we do, we'll give you at least 30 days' notice of these changes unless we believe such changes will not disadvantage you or which you don't regularly use. If these changes are to your material detriment, you have a right to end this Agreement under clause 8.3.3 and we’ll tell you if you do.
12.3. We can increase your Plan Charge or any other Charge, if we are required to do so as a result of statutory instrument, government regulation or any new taxation which we need to pass onto you as a matter of law.
13. Limitation of Liability
13.1. We’ll not be liable under this Agreement for any loss or damage caused by circumstances where:
13.2. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
13.3. Nothing in this Agreement shall:
13.4. All Services are provided on a commercially reasonable basis. Although we’ll provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
13.5. Each provision of this Clause 13 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after the Agreement has been terminated or cancelled.
14.1 We may transfer this Agreement to anyone at any time. However, you can't transfer this Agreement to anyone unless we've agreed in writing beforehand. We’ll not unreasonably refuse this request.
14.2 If you or we fail to enforce our rights under this Agreement, it won’t prevent you or us from taking further action.
14.3 A person who is not a party to this Agreement has no right to benefit under or to enforce any terms of this Agreement.
14.4 When you use your Equipment, your number may be shown to the equipment being contacted. Your number will always be shown if you contact 999 or 112.
14.5 We'll send you notices by post, voicemail, text or other form of electronic message and will assume for notices by post that you’ve received them 48 hours after we’ve sent them. We'll send all bills and notices served by post, to the address you’ve given. You must tell us about any changes to your address. If you want to contact us then call or write to us using the details shown at clause 14.7 of this Agreement. You can then assume we have received these notices 48 hours after you’ve sent them.
14.6 If you’ve a complaint, please contact us. We’ll do our best to fix your issues. If we can't, you may ask that the matter is referred to an independent ombudsman under our Customer Complaints Code which is available on our website or by contacting us. You or we may bring legal proceedings in a court in the UK to resolve a dispute under this Agreement.
14.7 This Agreement is under English law, unless:
Contact us by -– Visiting talkmobile.co.uk and chatting online to one of our Help Team, filling out an online webform or by calling: 0333 304 8064 or on 5888 for free from your Talkmobile contract handset. Please note that calling our Help Team whilst abroad would be subject to roaming charges.
Registered in England number 04154716 at Avon House, Horizon West, Canal View Road, Newbury, Berkshire, RG14 5XF.
Updated October 2015