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Terms & Conditions

Valid from: 2009-08-05 09:47:23

Vodafone Contract Terms & Conditions

1) Definitions

a) "we" or "us" means the service provider named on your order form.
b) "you" or "your" means the customer named on the order form.
c) "mobile device" means your mobile phone or other equipment used to access the services and the SIM card.
d) "Services" means the basic service providing two-way communication via the Vodafone Limited ("Vodafone") or O2 (UK) Limited ("O2") network (as chosen by you on the order form) and such other services as made available to you by us from time to time.
e) "SIM card" means your Subscriber Identity Module, which enables you to use the Services when used with a mobile device.
f) "Term" means the period of 12 months running from the date of the
connection of your mobile device or your upgrade or recommitment (as
appropriate) unless your price plan specifies a longer period, in which case the longer period applies.

2) Duration

This Agreement will continue for the Term and thereafter. It can be brought to an end by either of us giving 1 calendar month’s written notice to the other to expire on or any time after the expiry of the Term.

3) The Services

a) We aim to connect your mobile device to the Services within 5 days of the signature of this Agreement. Usually, however, we will connect your mobile device on signature of this Agreement
b) We aim to provide you with the Services at all times, but owing to the nature of mobile telecommunications, it is impossible to provide a fault free service and the quality and coverage of the Services depends partly on your mobile device, partly on the Vodafone/O2 network (as applicable) and partly on other telecommunications networks to which the Vodafone/O2 network (as applicable) is connected. The Services might be adversely affected by too many people trying to use the network at the same time, physical features such as buildings and under passes and by atmospheric conditions or other causes of interference and may fail or require maintenance without notice. As maintenance for the Services is carried out by Vodafone/02 (as applicable) we do not provide maintenance services, but if you experience a problem with the Services, please call us on the number on the order form. Likewise as the quality of the Services is dependant upon things outside of our control, we do not provide service quality levels, but, again, if there is a problem with the Services, please call us on the number on the order form. Any coverage maps are our best estimate but not a guarantee of service coverage, which may vary from place to place.
c) We will use reasonable efforts to enable you to obtain access to networks in other countries. We call this "roaming". You should bear in mind that overseas net works may also be limited in quality and coverage. Access to overseas networks will depend upon the arrangements between the foreign operators and Vodafone/02 (as applicable).
d) When your mobile device is connected, it may have been programmed so that you may be barred from making international calls (other than to Eire) and from using overseas networks or making premium rate calls. If you want to have your mobile device unbarred, then you should contact us on the number on the order form. We may agree to remove this bar after making credit checks and we may ask you to pay a non-interest bearing deposit as security against any monies you may owe us in the future.
e) In the interest of other users, we must limit the number and duration of messages that can be left on your voice mail service. Please note that confidentiality of messages cannot be guaranteed. You must not record an abusive or obscene greeting message, or one, which is likely to cause offence. You may not be able to use the voice mail service whilst abroad.
f) You must only use a mobile device, which is lawfully approved for connection. You must not use the Services for any improper or unlawful purpose. You must comply with any instructions we give you about the Services. You must not reverse the charges on any telephone call or accept a reverse charged call. These conditions also apply if you loan/give your mobile device to someone else.
g) The Services may be used by you to link into web sites, resources and/or networks worldwide. We accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such web sites, resources and/or networks.
h) On connection of your mobile device (or at any time later on), we may set a credit limit on the amount of call charges you may incur during each calendar month (we call this a "Call Quota"). We shall give you prior notice, if a change is made by us to your Call Quota. If you wish to vary your Call Quota, you should contact us on the number on the order form. We may agree to vary the Call Quota after making credit checks and we may ask you to pay a non-interest bearing deposit which we will be able, at any time, to use to pay off any call charges you owe us. At any time, you may ask for a refund of your deposit but this may result in us reducing your Call Quota.
i) As our billing system is not updated instantly when you make a call, you may exceed your Call Quota, but if this happens, you will still be liable for all call charges.
j) On connection of your mobile device we may ask for a deposit to be used as security. We will be able, at any time, to use the non-interest bearing deposit to pay off any charges you owe us.
k) Where there has been a significant increase in your call usage pattern, we may require a deposit to allow continued service. We may suspend your service if a deposit is not paid.
l) If you are a customer with special needs such as for example an elderly or disabled customer we are able to provide you with services and products geared towards such special needs. We also are able to provide you with information material in a special format (such as Braille, Audio or Large Print) as required by you. Please contact us to let us know which format you require.
m) We reserve the right to charge you a fee (details of which are available on request) to transfer your mobile phone number to another network or service provider."

4) Payment
a) You must pay to us the connection fee (a once only payment if applicable), the monthly (or other periodic) line rental charge (billed in advance or in arrears as we shall advise), the call charges (billed after the calls are made) and any other charges in respect of the Services provided to you or someone else using your mobile device e.g. charges for the voice mail service, itemised billing, etc. which will be billed as we shall advise. You must pay all these fees and charges within 14 days of the date of any invoice.
b) The charges for the Services can be found on our website www.vodafone.co.uk and the associated pay monthly price plan terms can be found at www.vodafone.co.uk/termsandconditions or please ask in store. The charges may change from time to time and we shall write to you with details of any changes.
c) Please arrange to pay your bill by direct debit. We will consider accepting payment by other methods but we will then charge you an administration fee each month.
d) If you owe us any money, which not in dispute and this is not paid when it should have been paid, we may charge you interest daily on the unpaid amount at the rate of 2% per annum above the base rate of Barclays Bank from time to time. We may also charge you our reasonable administration costs incurred as a result of your late payment or non-payment of any money you owe us.
e) VAT (where applicable) will be added to all our charges.
f) We may arrange for invoices to be issued by a third party on our behalf. Invoices issued by such third party shall be binding on you and payment of such invoices in full to the third party will be a valid discharge of your liability to pay such invoices under this Agreement.

5) Loss of Mobile Device

Please insure your mobile device for its replacement value. If you are unfortunate enough to have your mobile device stolen or if you lose it, please contact us immediately so that we can prevent further calls being made from it. If you comply with the conditions below, we will not charge you for the cost of unauthorised calls and other usage made on the mobile device up to a limit of £1000:
a) you are not in breach of this Agreement at the time you tell us of the theft or loss;
b) you have bought a Vodafone Cover me Insurance policy which is in force at the time of the theft or loss;
c) you tell both us and the insurer of the Vodafone Cover me Insurance policy about the theft or loss of the mobile device (in the case of the insurer, in accordance with the terms of the Vodafone Cover Me Insurance policy);
d) your claim under the Vodafone Cover Me Insurance policy is approved in full (other than any excess amount due); and
e) you provide us with an itemised bill highlighting the unauthorised calls made and their value within 2 months of your discovery of the theft or loss of the mobile device.
In all other cases, you will be required to pay for all call and usage charges up to the time you notify us and you will be liable for the monthly (or other periodic) line rental charges thereafter until this Agreement has ended as described in Clause 2 or Clause 8.

6) Suspension of Service

We can suspend the provision of the Services without telling you:-
• If we believe your mobile device or the Services is/are being used in an unauthorised way or for criminal activities;
• If you are in breach of this Agreement (e.g. you fail to pay any charges when due);
• If we believe you are making calls or sending data which are a nuisance, abusive, a hoax, menacing or indecent (including to the operators who deal with enquiries concerning the Services, or making calls or sending data which is racist, obscene, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful, or you allow others to do these things);
• If your Call Quota is exceeded;
• If we are aware or have reason to believe that this Agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of your mobile device number is taking place or that the right to use any number has been obtained in an unauthorised, unlawful, improper or fraudulent way or for criminal activities ( regardless of whether this is with your consent or not);
• If you notify us that your mobile device has been lost or stolen;
• If you do anything (or allow anything to be done) which we think may damage or affect the operation of the networks;
• for reasons outside of our control.
In the above cases this Agreement does not come to an end and you are still liable for all monthly (or other periodic) line rental charges due during any period of suspension. Therefore, we recommend that you privately arrange insurance to cover any monthly (or other periodic) line rental charges you have to pay. However, if you are unable to use all of the Services for a continuous period of 3 days because:-
• There is a technical failure of the networks;
• They are being tested, modified or maintained; or
• access is denied to us you will receive a credit against your monthly (or other periodic) line rental charge. The credit will represent that part of the monthly (or other periodic) line rental charge for the period of suspension.

7) Variations of the charge terms

a) We reserve the right to increase/decrease our charges from time to time and/or introduce new charges from time to time. If we increase/decrease our charges, we will give you at least 14 days' prior notice.
b) We reserve the right to make changes to these terms from time to time and to introduce new terms from time to time if there are changes to the law, or amendments to Vodafone's/02 terms and conditions (as applicable) due to changes to the licence under which Vodafone/02 (as applicable) operates its telecommunications network. We will notify you of any changes to these terms or new terms introduced.
c) It is unlikely, but we may need to change your voice mail number, mobile device number or other number from time to time. We will let you know if this is the case.

8) Ending of this agreement

a) You may end this Agreement immediately by writing to us if:-
• we do not do what we have to do under this Agreement and do not put it right within 7 days of being asked in writing to do so;
• all of the Services are permanently no longer available to you;
• we increase the monthly (or other periodic line rental charge under clause 7a) and such increase (calculated as a percentage) is more than the increase in the Retail Prices Index Figure ("RPI", also calculated as a percentage) for the period from the month of the last increase (if any) to the month before we send the notice of the change in tariffs and you write to us before the increase takes effect. If we increase the monthly (or other periodic) line rental charge by more than the increase in the RPI we will tell you; or
• during the Term
i) we increase in the United Kingdom and under clause 7a, call or other usage charges which have the effect of increasing your call or other usage charges by more than 10% or the increase in RPI calculated as in 8a above (which ever is the greater) based upon your previous call or usage pattern;
ii) you write to us before the increase takes effect.
b) We may end this Agreement immediately by writing to you if:-
• you do anything (or allow anything to be done) which we think may damage or affect the operation of the networks or you become bankrupt or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets;
• you do not do what you have to do under this Agreement (e.g. you fail to pay any charges) and do not put it right within 7 days of being asked by us in writing to do so; or
• all of the Services are permanently no longer available to you.
c) When this Agreement comes to an end:-
• your mobile device will be disconnected;
• you will no longer be entitled to use your mobile device number;
• you will have to pay immediately all charges outstanding at disconnection;
• unless you have ended this Agreement under clause 8 a) or in accordance with Clause 2 you will also have to pay the monthly (or other periodic) line rental charge for the amount of the Term which is left to run or if the Term has expired you will have to pay immediately the monthly (or other periodic) line rental charge for a further calendar month. If the Term has not expired and you pay us this money in one lump sum immediately when this Agreement comes to an end, we will reduce the amount you have to pay us by 2%. You will be unable to have your mobile device reconnected until we release your electronic serial number; and
• we will repay any deposit you have given us but only if you do not owe us any money. No interest will be payable.

9) Liability and Exclusions

a) We will be liable to you if our negligence causes death or personal injury. In all other circumstances, we will not be liable for loss of profits or revenue, loss of use, lost business or missed opportunities, or for any loss or damage that is indirect and/or was not reasonably foreseeable at the time this Agreement was entered into. This does not affect your right to a refund of your monthly (or other periodic) line rental charge in the circumstances described in clause 6. There may be occasions when we are unable to provide the Services because of something outside of our reasonable control. We will not be liable to you if that is the case.
b) If you are a consumer, the terms of this Agreement will not affect any rights which you may have under any Act of Parliament and which cannot be excluded by agreement.

10) Vodafone Limited and Personal Data

a) Personal data includes:
Information provided by you during the application for and completion of this Agreement;
Call, network and traffic information generated by your use of the service covered by this Agreement or your use of products, services and content accessed via or facilitated by your use of the Services covered by this Agreement, including but not limited to the numbers you call, the type, date, time, location, duration and cost of calls, messages or other communications.
Information obtained from third party sources such as our suppliers, marketing organisations or credit reference agencies.
If you have special needs we may process sensitive personal data about your health, where you have advised us of those special needs.
Information provided by you about another person. It is your responsibility to ensure that that other individual is aware and has agreed to you passing on such information to Vodafone.
b) Your personal data may be used for the following general business-related Purposes:
Account management such as producing billing and other statements, and to provide customer care activities (including answering your queries),
Processing your applications and orders, and to supply and manage any services or products which we provide,
Monitor and maintain the quality and security of the Vodafone network and the Services,
Protect us, our assets, including any intellectual property rights and our brand, our employees and customers from activities that might cause loss or damage,
Comply with any legal, governmental or regulatory requirement imposed on us or in connection with legal proceedings, including in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.
Analyse for the purposes of understanding our customers’ use of our products and Services, individual needs and business trends in order to develop and improve our and our group companies’ products and services, new developments, tariffs, special offers, discounts and awards
Activities connected with the running of our business such as personnel training, testing and maintenance of our IT systems.
c) Use of Personal Data for Marketing Purposes:
We will use your contact information to send you marketing messages about our products, Services, special offers, discounts and awards by post, telephone and other electronic messaging services such as sms, mms, video.
We may also contact you about the products and services of carefully selected third parties, which we believe may also be of interest to you – without passing control of your personal data to the third party concerned.
If you do not wish to receive these marketing messages or wish to change any previously stated preferences, you can notify us by:
sending an SMS to 9774 telling us for example “stop SMS”, “Stop email” or “Stop all”;
calling customer care;
emailing your preferences to data.protection@vodafone.co.uk.
d) Inclusion in Directory Services:
We do not include your personal data in any directory or directory enquiry service whether managed by us or a third party. If you wish to have your personal data included in such services, you should contact our customer care.
e) Credit Reference Agencies:
We will carry out credit checks where necessary to help us decide whether to accept your application or future applications, to verify your identity and to protect our legitimate interests before entering into this Agreement. This will involve searching information held about you by licensed credit reference agencies who will record details of our search and your application. We will use a combination of credit scoring and/or automated decision making systems when assessing your application. We will also pass on credit ratings to our dealers where this is appropriate.
We will disclose details to credit reference agencies of your agreement with us such as change of address, the payments you made, account balances, any payment default, dispute, queries and debts. 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 with whom you are linked financially;
Any information we hold may also be used for debt tracing and claims assessments. In the event that you do not repay in full and on time, we may tell credit reference agencies who will record the outstanding debt.
f) Fraud Prevention Agencies
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:
Checking details on applications for credit and credit related or other facilities
Managing credit and credit related accounts or facilities
Recovering debt
Checking details on proposals and claims for all types of insurance
Checking details of job applicants and employees
Please contact us at the address in (h) below 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.
g) Disclosure of your Personal Data
We may share your information with our companies in the Vodafone group, some of which are based outside the European Union, who may use your information for the purposes set out in Clause [1] above and who are subject to Vodafone policies on data protection and security.
We may also pass your personal data to certain third parties (some of which may be based outside of the European Union) where this is either required by law or necessary in order to carry out the services that we provide to you or that you have chosen to use. We will take all necessary steps to ensure that those third parties treat your personal data in accordance with Vodafone policies on data protection and security.
If you wish to use our products or services abroad, for example, if you wish to roam on a network abroad, it may be necessary to transfer your information outside of the European Union to that country.
h) If you want to contact us about your data protection rights please write to The Data Protection Manager, Vodafone Limited, Baird House, Second Floor, The Connection, Newbury, Berkshire RG14 2FN or email data.protection@vodafone.co.uk

11) Miscellaneous

a) We reserve the right to transfer this Agreement to any third party at any time. You may not transfer this Agreement to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.
b) Failure by either of us to enforce rights under this Agreement shall not prevent you or us (as the case may be) from taking further action.
c) When you use your mobile device, the identity of your mobile device number may be sent through the networks so as to be identified to the phone being called. It may be used to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion. The identity of your mobile device number will always be sent if calling 999 or 112.
d) If the facility to eliminate the presentation of the number of an incoming call is made available, we may charge you for the use of such a facility at the price as stated in our tariff guide from time to time where we consider your use of such facility to be unreasonable.
e) For your own protection, you must keep confidential any lock code(s) associated with your mobile device, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence.
f) We and Vodafone/02 (as appropriate) make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and although your communications over the air interface with our systems are encrypted providing a greater level of protection this cannot be guaranteed. Please also read carefully the instructions provided with your mobile device. Depending upon the manufacturer and model, your mobile device may send information stored on it and receive information to and from certain third parties without your knowledge. If you use your mobile device to access the Internet, please note that the Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile device. These programs may perform actions that you have not authorised, possibly without your knowledge.
g) If either of us needs to send notices to the other these must be in writing and can be delivered by hand or first class post to the other's address as stated on the order form and will be deemed to have arrived at their destination 48 hours after posting.
h) Monitoring or recording of your calls, emails or text messages may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime.
i) We may charge you for inclusion of your information in any publicly available telephone directory or as part of any directory information service at the price as stated in our tariff guide from time to time.
j) The SIM card does not belong to you. We may change your SIM card. Your SIM card must be returned in good condition to us if we change it or when this Agreement comes to an end. You will have to pay for SIM cards or replacement SIM cards at the price as stated in our tariff guide at that time.
k) This Agreement is subject to English law. You may have the right to refer certain disputes to arbitration details of which are available from us upon request.
l) Except in the case of any permitted assignment of this Agreement under clause 11a), a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of this Agreement.
Printed on: 2014-04-17 05:14:19

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