PAYG Terms and Conditions (from May 1st 2015)
This Agreement is also available in large print or in Braille. Please call our Help Team on 0333 304 8064 or 5888 from your Talkmobile phone and we will send you a larger print version.
Your agreement with us is made up of:
A. the Pay As You Go airtime Conditions;
B. the Pay As You Go price plan for your price plan (available on talkmobile.co.uk or by calling 5888) all listed prices include VAT, if it applies;
C. the conditions of any optional extras you may choose to add.;
This agreement is for your SIM Card and the minutes, texts, information, data and any other services you may use. This agreement does not cover buying or maintaining any phone or other mobile equipment that may have been provided to you. If your mobile equipment is lost or stolen, you must pay for all other call and usage charges up to the time you tell us that it has been lost or stolen.
Talkmobile Pay As You Go Airtime Conditions
These terms set out the agreement between (1) the customer ('you', the 'customer' or 'your'); and (2) Talkmobile Limited ('us', 'we' or 'our') in respect of the Services as defined below.
"We, our or us” means Talkmobile Limited.
“You or your” means you, the customer.
"Agreement" means these terms and conditions, your Price Plan and the Price Plan Guide.
"Charges" means the charges for the Services as published in the Price Plan Guide or which we otherwise provide.
"Equipment" means your mobile phone, tablet or other equipment and the SIM Card used to access our Services.
"Network" means the electronic communications system that Talkmobile uses to provide the Services in the UK.
"Price Plan" means the package of services you’ve chosen to receive which we update every so often and which you can ask us for by calling 5888 or by visiting our website.
“Price Plan Guide” the terms and charges which apply for your price plan available by calling 5888 or by visiting our website. We update this every so often.
"Services" means the communication service you receive through the Network, and other services that Talkmobile may provide to you.
"SIM Card" means the Subscriber Identity Module card containing data used to receive the Services.
2. Provision of Services
2.1. You agree to keep to this agreement when you first top up your account with us; or use the Services whichever happens first.
2.2. We will use reasonable efforts to give you access to networks in other countries. We call this ‘roaming’. Overseas networks may be limited in quality and coverage. Any access to overseas networks will be dependent on the arrangements between us and the foreign operators. To find out which Services are available abroad visit talkmobile.co.uk/help/abroad.
2.3. 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.
2.4. 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.
2.5. 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.
2.6. If you use your Equipment to browse the internet or use content services, we accept no responsibility for any content or services you access.
3. Things we may have to do
3.1. Occasionally we may have to:
3.1.1. alter the mobile phone number or any other name, code or number or technical specification associated with the Services for reasons beyond our control such as where requested to do so by a governmental or regulatory body. If this is the case we will give you reasonable notice;
3.1.2. change your SIM Card;
3.1.3. give you instructions which we believe are necessary for reasons of health, safety or the quality of Services to you or any other customer;
3.1.4. temporarily suspend the Services (or any part of them) for operational reasons or in an emergency, for reasons of security; if the emergency services tell us to or if a law or regulation is passed which means we may need to and
3.1.5. bar certain numbers from the Services on a temporary or permanent basis in order to prevent fraud.
4. Our Rights to Bar or Disconnect Services
4.1. 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:
4.1.1. any of the circumstances in Clauses 6.4, 6.5, 6.6, 6.7, apply to you;
4.1.2. in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a payment method, your SIM Card and/or mobile device; or
4.1.3. if you are persistently abusive or make threats or otherwise act illegally towards our staff or property, or that of our agents.
4.1.4. if you do not use the Services for 180 days. Using the Service means making a chargeable outbound call (but not calls to 5888), sending a chargeable SMS, using data or topping up your account.
4.1.5. if you do anything or allow anything to be done which we think may damage or affect the operation or security of the Network or the Services;
4.1.6. if you become bankrupt or make any arrangement with your creditors or go into liquidation or if an administration order is made or a receiver is appointed over any of your assets.
4.1.7. if we are permanently unable to provide the Services to you.
4.1.8. if we believe that when you have topped up (or have tried to top up) your service, you have paid or are trying to pay using a stolen or otherwise barred or false debit or credit card of if the debit or credit card transaction is at some time charged back to us.
4.2. If the circumstances of 4.1.8 apply we may also bar the mobile equipment for outgoing service or bar the mobile equipment number so that it is no longer available for use for top-ups with the top-up line or other electronic facility. However, we may remove the bar when we have been paid the amount you owe us.
5.1. We work out your calling credit by the minute using the rates set out in our Price Plan Guide. Calls are charged, and any inclusive allowances deducted in one minute increments and any part minute will be rounded to the nearest whole minute. We will add calling credit to your account when we accept the top-up in line with the rules relating to the service or price plan.
5.2. You pay for the Services by topping up your account with us, and Charges will be deducted from your remaining account balance. Each time you use the Services (or someone else uses them using your mobile Equipment) it reduces the top-up that you have bought. Once your account balance reaches zero, you will be barred from accessing the Services (which may include cutting you off during a call) and you will not be able to access the Services unless you top up your account.
5.3. Calls to our Help Team where you talk to an advisor will be charged on all Pay As You Go plans and the call will not form part of the inclusive allowance on any plans.
5.4. We will charge VAT if it applies. If you owe us any money and you do not pay this when it should have been paid, we may take this from any credit balance on your top-up account or from any debit or credit card details you have given us. We may also charge you interest on the unpaid amount. We charge interest daily at the rate of 2% above the base rate of Barclays Bank each year.
6. Your Responsibilities
6.1. 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 and the software in it don’t belong to you and we are licencing it to you to use the Services, it 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. If you need a replacement SIM Card, we will charge you the price set out in our Price Plan Guide.
6.2. 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.
6.3. You agree:
6.3.1. to take adequate precautions to prevent loss or theft of your SIM Card;
6.3.2. to inform our Help Team as soon as possible on 0333 304 8064 if your SIM Card is lost, stolen, damaged, destroyed or likely to be used in an unauthorised manner and to co-operate with us in our reasonable security and other checks.
6.4. You must not 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,
6.5. 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.
6.6. You must not use or permit any other person to use the Services:
6.6.1. fraudulently or in connection with a criminal offence;
6.6.2. to send a call or message, send, upload, download, use or re-use any material which may reasonably be deemed racist, offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax (including to the operators who deal with enquiries concerning the Services), in breach of any intellectual property rights (including copyright) or confidence or privacy or is otherwise objectionable or unlawful;
6.6.3. to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003 as amended or replaced from time to time; or
6.6.4. to generate artificially inflated traffic.
6.7. You must not 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. Matters beyond our reasonable control
7.1.We’ll not be legally responsible to you if we cannot provide the Services because of something outside our reasonable control.
8. Use and Disclosure of Information
8.1. We and any company within Vodafone Group Plc may use your information to:
8.1.1. manage your account, carry out customer-care activities and train our staff, including monitoring calls, emails or text messages that you send us;
8.1.2. monitor the quality and security of the network and test and maintain our IT systems;
8.1.3. analyse your use of the services for marketing purposes, including, but not limited to, the calls and messages you send and receive and your location at the time these communications take place, as well as your browsing history and use of our websites;
8.1.4. send to the emergency services (if you make an emergency call), including your approximate location;
8.1.5. contact you with marketing messages if you’ve not objected. These messages may include marketing from other organisations, but we will not pass responsibility for your information to these other organisations. If you don’t want to receive marketing messages from us, please contact us through our website or by calling 0333 304 8064
8.2. 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.
9. Changing the Agreement
9.1. We may change or introduce new Charges. If we increase our Charges, we'll publish the changes on our website and give you at least 14 days' notice or notify you in any way we believe is reasonable, for example sending messages using the Services. If we believe any change to our Charges will not disadvantage you, we may include it without telling you.
9.2. 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 try to 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.
9.3. By continuing to use the Services, you agree to the changes. If you are not happy with any of these changes, you do not have to continue to top up your account or use the Services.
10. Limitation of Liability
10.1. We’ll not be liable under this Agreement for any loss or damage caused by circumstances where:
- there is no breach of a legal duty of care owed to you by us;
- such loss or damage is not a reasonably foreseeable result of any such breach; or
- such loss or damage results from the breach by you of any term of this Agreement.
10.2. 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.
10.3. Nothing in this Agreement shall:
- exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
- limit your rights as a consumer under applicable UK law.
10.4. 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.
10.5. Each provision of this Clause 10 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.
11.1. 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.
11.2. If you or we fail to enforce our rights under this Agreement, it won’t prevent you or us from taking further action.
11.3. A person who is not a party to this Agreement has no right to benefit under or to enforce any terms of this Agreement.
11.4. 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.
11.5. 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 11.7 of this Agreement. You can then assume we have received these notices 48 hours after you’ve sent them.
11.6. 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.
11.7. This Agreement is under English law, unless:
- you live in Scotland, in which case, it will be governed by Scots law;
- you live in Northern Ireland, in which case it will be governed by the law of Northern Ireland
Contact us by calling: 0333 304 8064 or on 5888 from your Talkmobile 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 May 2015