1.2 These Service Terms form part of the Agreement and apply to the provision of Mobile Services by us to you. They apply in addition (and not instead of) the other documents that comprise the Agreement.
1.3 In addition to the definitions set out in the General Terms, the following definitions shall apply in these Service Terms:
Fraud: any fraudulent, corrupt, illegal or other unauthorised use (whether actual or attempted) of any Mobile Services, the Mobile Network, SIM Cards, vouchers, recharge codes, product or any Mobile Equipment in connection with the Mobile Services at any time and by any person.
Liability: any liability whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise.
MNO: our supplier who is the provider of the mobile network through which, or in relation to which, the Mobile Services are provided.
MNO Rights: the rights and protections afforded to the MNO under clause 3.4 of these Service Terms.
Mobile Equipment: electronic communications equipment, (including handsets) belonging to (or used by) you which are used, when installed with a SIM Card, to access the Mobile Network and use the Mobile Services.
Mobile Network(s): the mobile electronic communications network(s) which is provided by the MNO and used in connection with the Mobile Services.
Mobile Services: the mobile services (including the provision of SIM Cards) provided by us referred to on the Order, the Contract Information and the Contract Summary, and as set out in more detail on the Website.
Non-UK Network: any telecommunication system which is outside the UK and which is used in connection with the Services.
Regulatory Condition(s): any regulation, condition, direction, decision, notification, guideline, code of practice or order made by any relevant regulatory body (including any enforcement action, direction or fine made or levied by any regulatory body), whether or not expressed to be legally binding, and any voluntary codes applied by any industry body or association, governing or affecting the activities of a party or of the MNO.
SIM Card: a subscriber identity module which allows access to the Mobile Network and use of the Services when installed and used in Mobile Equipment.
2. Mobile Services
2.1.1 We shall provide you with the Mobile Services in accordance with these Service Terms. Mobile Services will be provided within the coverage area of the MNO in the UK (described in paragraph 2.1.3 below) and when roaming outside of the UK on to relevant Non-UK Networks.
2.1.2 We do not provide any guarantee that the Mobile Services will be continuously available or fault-free, any minimum levels of service or that issues may not occur from time to time. For estimated maximum speeds on the MNO Network please see [Insert Link].
2.1.3 You acknowledge that mobile speeds and coverage may be affected by a number of factors including buildings, environmental issues such as terrain and weather conditions and the number of people using the network at any time. Coverage and reception quality will also vary depending upon your Mobile Equipment. In some cases there may be no coverage in a particular area. See https://coverage.ee.co.uk/coverage/ee to see the coverage in your area.
2.1.4 If you are taking a SIM only plan from us then to access 4G or 5G you’ll need compatible Mobile Equipment.
2.1.5 If your speed is regularly slower than expected you should contact us. Our Customer Complaints Policy available at Complaints Code of Practice – Mobile service sets out how you can contact us and how we’ll deal with any complaint or dispute.
2.1.6 Where the Mobile Services involve the use of a Non-UK Network, you acknowledge and agree that such network may be limited in terms of quality, coverage, access and availability and that we are not responsible for the performance of such network. You must comply with any applicable terms of access which relate to such Non-UK Network. You may incur additional charges when roaming — please see paragraph 2.5.2 below for more details.
2.2 Phone number and SIM Cards
2.2.1 You shall ensure that each SIM Card is only used in Mobile Equipment which is (i) enabled for Mobile Services and (ii) is authorised by us for connection to the Mobile Network. You acknowledge that if you attempt to use the SIM Card in any other Mobile Equipment this may result in damage to that equipment and your use of the same may be prevented or restricted and that we shall have no Liability in relation to any such use or attempted use.
2.2.2 You shall ensure that each SIM Card is only used with your authorisation and you must inform us as soon as possible if you become aware that a SIM Card has been lost, stolen or damaged.
2.2.3 We shall be entitled to reallocate or change any numbers which have been allocated to you where this is necessary for legal or regulatory reasons.
2.2.4 Where you take a SIM only package from us which will be used on any of your existing Mobile Equipment, you are responsible for unlocking such Mobile Equipment and for any costs related to the same.
2.2.5 The MNO retains all rights (including ownership) in all SIM Cards provided to you in connection with the provision of the Mobile Services. You shall not grant, or attempt to grant, to any other party any right or interest which is inconsistent with the MNO’s ownership of, or of the rights in, such SIM Cards and you shall be entitled to use the SIM Cards (including any Software they contain) provided for use with the Mobile Services only.
2.2.6 The code on the SIM Card remains the property of the MNO. Should you try to interrogate a SIM Card or reverse engineer the code, we and/or the MNO reserve the right to disconnect you immediately. If you attempt to interrogate a SIM Card or reverse engineer the code, this shall be deemed a material irremediable breach of the Agreement by you and we shall be entitled to terminate the Agreement immediately pursuant to clause 15.3 of the General Terms
2.2.7 We and/or the MNO and reserve the right to swap-out any SIM Cards should the integrity of any such SIM Cards be compromised.
2.3.1 We shall supply the technical support detailed on the Website. You shall comply with the conditions and procedures of use of that technical support as detailed on the Website or as set out in the Agreement. We reserve the right to invoice you the reasonable costs for any support we agree to provide which is not included in such technical support and/or results in significant additional costs for us.
2.4 Delivery of Services and Mobile Equipment
2.4.1 Once you have placed your Order and it has been accepted by us in accordance with the General Terms, will keep you updated as to the Service Commencement Date for your Service.
2.4.2 Where you order an item of Mobile Equipment from us then a SIM Card will be provided and both the SIM Card and the Mobile Equipment (or the SIM Card if you order a SIM only package) will be delivered within 2 to 5 Business Days of the Commencement Date.
2.5.1 For information on usage outside your plan, please see our price plan available at [insert link] and your Contract Information and Contract Summary. You should also see our separate policy on calling non-geographic numbers at Non-geographic, Premium Rate Numbers/Services and International Destinations.
2.5.2 Details of countries where you can roam using your Mobile Service are set out at Pozitive Telecom’s Roaming Policy. There is a worldwide data roaming limit of £45 applied to each Mobile Service package. More information in relation to this can be found on our price list see [insert link]. You can choose to opt out of this £45 limitation by buying an international roaming bolt on from us. If you do this, you will be opted out of any automatic barring (including any EU regulatory barring) and you shall pay for all roaming usage which is outside of any allowance for such usage which is provided by your Mobile Service package. When roaming abroad, you will be responsible for all Charges associated with use of your Mobile Service that are outside of your inclusive allowance or bolt-on (as the case may be).
2.5.3 We will only increase the prices to call non-UK destinations from the UK and for roaming calls (calls made from a mobile while the user is in another country) by any increase in the costs we are charged by our third party providers. The rate you will be charged for such calls will always be the rate shown on the Website on the day you make the call, which may increase from time to time. For example, this means that if your price to call a landline in the United States of America was 50 pence per minute yesterday and our cost of supply increases by 5 pence per minute, the new price on the website will be 55 pence per minute, which is the cost you will pay for a call today.
2.6.1 You can decide whether to retain your old mobile number or leave it with your previous supplier. Please see our support page [Insert Link] for details on how to switch your services so you can use your existing number with our Mobile Service.
2.6.2 If you decide to switch then this will take place on the next available Business Day from the date the request is completed or you can choose any Business Day within the following 30 days.
2.6.3 You must be connected to a UK mobile network in order to switch and there may be a period of time during the switching process when you are not able to make or receive calls or text messages from that mobile number.
2.7.1 In order to safeguard the security of customers we may need to change the Mobile Services and/or the terms and conditions that apply to it to upgrade the Mobile Service, for example, to fix bugs or manage security risks.
2.7.2 We may also need to take other action to implement changes in Applicable Law or Regulatory Conditions and/or in response to security incidents or vulnerabilities.
2.8 Third party content, goods and services
2.8.1 We are not responsible and shall have no Liability for any third party content, goods or services that you access, download, transmit, acquire or use as a result of the use of the Mobile Services.
2.9 Accessibility of Emergency Services
2.9.1 Where you are using a Wi-Fi calling service to call 999 in the UK then you should be aware that a call may be interrupted or end if you have a power cut or your internet connection fails. You should ensure that you have an alternative mobile or a fixed network connection to use in those circumstances, bearing in mind any constraints on mobile reception where you are – see above.
2.9.2 You should ensure that your account details are up to date including the address of the business premises where you plan to use any Wi-Fi calling service. You should be aware that you may still be asked to provide your location when making an emergency call.
2.9.3 If you would rather contact the UK Emergency Services by SMS, you will be able to do so and your message will be directed to the service that you need, provided that you register your phone number by texting “Register” to 999 before trying to use the service and receive a text confirming that you have successfully registered. Please see [Insert Link] for further details.
3. Third Party Rights
3.1 The MNO may rely upon and enforce against you any MNO Rights, as detailed in this clause 3. The MNO Rights may only be enforced subject to and in accordance with the provisions of the Contract (Rights of Third Parties) Act 1999 (“1999 Act”) and all other relevant terms of this Agreement. In enforcing any of the MNO Rights, the MNO shall not be subject to any dispute resolution requirement of this Agreement. Notwithstanding any other provision of this Agreement, we and you may not rescind or vary any of the MNO Rights so as to extinguish or alter the MNO’s rights of enforcement without the MNO’s prior written consent and accordingly sections 2(1) (a) to (c) of the 1999 Act shall not apply with respect to the MNO’s rights of enforcement.
3.2 Where, in reliance on section 1 of the 1999 Act, proceedings for enforcement of a term of this Agreement are brought by the MNO, you shall not have available to you, by way of defence, set-off or counter claim, those matters specified in sections 3(2) and (4) of the 1999 Act.
3.3 You acknowledge and agree that, in view of the potential consequences for the MNO and us of any breach by you of the MNO Rights, damages alone would not be an adequate remedy for such breach. Accordingly, the MNO and we shall be entitled, without proof of special damages, to seek the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of such terms, in addition to any damages or other remedy to which it may be entitled.
3.4 You shall in your use of the Services:
3.4.1 comply with the MNO’s acceptable use policy as notified from time to time;
3.4.2 comply with all Regulatory Conditions and other authorisations, laws, licenses, conditions, directions, codes or regulations relevant to the provision or use of the Services, as amended and from time to time in force; and
3.4.3 not knowingly do, and to use all reasonable endeavours to prevent the doing of, anything likely to impair, interfere with or damage or cause harm or distress to any persons, the Mobile Network, the operation of the MNO services and/or the operation of any Mobile Services.
3.5 You shall:
3.5.1 not connect any equipment other than Mobile Equipment which is compliant with all Regulatory Conditions;
3.5.2 not use SIM boxes for access of voice traffic to the Services or otherwise duplicating or allowing the duplication of SIM Cards or functionalities of SIM Cards or be involved in any similar activity and/or Fraud, without the explicit prior written approval of us and the MNO. Any breach of this clause shall be deemed a material irremediable breach of this Agreement by you and we shall be entitled to terminate the Agreement immediately pursuant to clause 15.3 of the General Terms.
4. LAWFUL INTERCEPTION
4.1 You shall support us, the MNO and our other relevant suppliers in fulfilling their legal obligations regarding the lawful interception activities in relation to your traffic associated with the Mobile Services and acknowledge that we, the MNO and our other relevant suppliers are obliged to respond to lawful requests for the disclosure of communications data and that such disclosure shall not constitute a breach of this Agreement.
5. QUALITY OF SERVICE
5.1 We shall not be responsible for any disruption to the Mobile Services, either expected or unexpected, caused by a third party, a Force Majeure Event, a climatic or electromagnetic disaster, any planned or unplanned maintenance of the Mobile Network, any operation to extend or modify the Mobile Network and/or any reason which is not attributable to us.
5.2 We, the MNO and/or our other relevant suppliers shall be permitted to (i) immediately suspend and/or deactivate your account; and (ii) to change the status of your account directly or require you to change the status of its account (including suspending and/or deactivating), immediately in the following circumstances:
5.2.1 Lost or stolen SIM or Mobile Equipment: where we believe your Mobile Equipment or SIM Card has been lost or stolen;
5.2.2 SIM Card abuse: where the integrity of the SIM Card is under threat;
5.2.3 SIM cards or Mobile Equipment causing network issues: where any of your SIM Cards or Mobile Equipment is interfering with the Mobile Network and/or the Mobile Services. The exercise of such right will be in accordance with the MNO’s policy in respect of its own customers;
5.2.4 SIM Card Gateway or SIM box abuse: when you are deemed to be using SIM Card gateways or SIM boxes;
5.2.5 Data Abuse: where the MNO or the Mobile Network detects denial of service or other forms of data abuse from your Mobile Equipment;
5.2.6 Network Fraud: where we or the MNO suspect you of Fraud, or Fraud arising from use of your Mobile Equipment;
5.2.7 Regulatory Suspension: where the emergency services or other government authority or regulator of competent jurisdiction requires that you are suspended; and/or
5.2.8 IP Address Abuse: where we or the MNO suspect IP abuse is occurring by you or through your Mobile Equipment.