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Terms & Conditions
General Terms and Conditions of the Pneuma Data Solutions Ltd. t/a Pneuma Communications - Mobile Telecommunications Service
1.1 These Terms and Conditions together with the terms and conditions of any applicable Service options, tariff plans or promotions of the UK‟s major Networks (including EE, O2, Gamma or Vodafone - the “Network”), whose services may be provided by Pneuma Communications (the “Company”) constitute a legally binding contract (the “Contract”) between the Company and the Customer (the "Customer". This Contract shall commence when the Network accepts the Customer‟s application and connects the Customer to the requested Network. Please note that various related products and services and Third Party Services may be subject to additional terms and conditions which you are advised to read. Please contact the Company for details.
1.2 Mobile contract services arranged through the Company are subject to the terms and conditions of the relevant Network. The contract for mobile service will be between the Customer and the Network and all charges connected with providing the service will
be made by the Network and must be paid by the Customer.
1.3 The Company may vary or change the Contract for any commercial, technical or operational reason but any material changes shall be notified to the Customer in advance. 1.4 This Contract is personal to the Customer. The Customer shall not, except with the Company‟s written consent or in accordance with the Company‟s standard transfer procedures, assign or otherwise transfer the Contract in whole or in part.
1.5 Connection to the Network shall be conditional on:-(a) the Customer having and maintaining a credit rating satisfactory to the Network and providing the Network with such financial security as it reasonably requires;
(b) the Customer providing valid proof of identity/address and such evidence of residency in the UK the Network may require;
(c) the Customer being over 18 years of age (if personal application);
(d) truthfulandaccuratecompletionoftheapplicationformbytheCustomerandtheprovision of such other information as the Company may for any valid reason request.
1.6 Any waiver, concession or extra time permitted by the Company is limited to the specific circumstances in which it is given and does not affect the rights of the Company under this Contract in any other way. This Contract is governed and construed in accordance with the laws of the UK and the parties submit to the exclusive jurisdiction of the UK Courts. Any reference to any legislative act or provision shall, unless the context otherwise requires, be considered as a reference to such act or provision as amended, re-enacted or replaced.
2.1 The Company shall endeavour to provide the most competitive quotation available to suit the needs of the Customer. A Customer manager will be assigned at the commencement of any agreement to provide a service. Full contact details will be supplied and the Customer manager should always be contacted in the first instance. The Customer manager will endeavour to answer any request within two hours – subject to holidays or
any reasonable and unforeseencircumstance.
2.2 The Company will manage all aspects of the account from initial discussions to the provision of hardware – and all issues once the Contract has commenced. Contact with the network should always be made through the Company unless the Company specifically requests the Customer to contact the Network.
2.3 Once a choice of Network is made the Company will seek to connect the Customer to the Network on the same day, or within a maximum 2 days, as application is made. The
quality and the availability of the Service and related products and services provided through the Company are subject to certain limitations, including the proximity of base stations and circumstances beyond the Company‟s reasonable control including, but not limited to, geographic and atmospheric conditions and the functional capability of Customer Equipment. 2.4 The Network may modify or suspend the Service wholly or partially, with or without notice, if such action is deemed necessary (e.g. for maintenance, security or other valid reasons). All reasonable efforts shall be made to minimise such Service disruptions. The Customer shall remain liable for all Charges during any such Service disruptions unless the Network decides otherwise. The Company will not be held liable for any service disruptions where the Network deems it necessary to suspend service.
2.5 TheCompanyreservestheright,withoutprejudicetoanyotherprovisionsofthisContract, to issue such reasonable instructions concerning the use of the Service as may be necessary in the interests of safety, quality of service, other customers or telecommunications services as a whole, or for any other valid reason the Company deems sufficient.
2.6 The Company makes no representation and gives no warranty as to the content, quality, availability, suitability or timeliness of any Third Party Service. The services provided by the Company are subject to the terms and conditions of any Third Party Service provider. The Customer‟s use of such Third Party Services is at the Customer‟s sole risk and the Company shall not be responsible or liable for any loss or damage suffered by the Customer arising from the use of such services.
3.1 The following provisions shall apply:-
(a) The Company shall normally offer, on behalf of the chosen Provider a range of tariff plan options with different rates and methods of charging – and will usually make a impartial recommendation. The Customer is under no obligation to accept the recommendation. The Customer accepts full responsibility for the service chosen.
(b) The Customer shall be liable for all Charges incurred through the use of the Service calculated according to the relevant charging option, (whether or not incurred by the Customer personally), and for all reasonable costs incurred in enforcing the Contract, including administrative costs and the cost of collecting any payments. If the Customer‟s Equipment is lost or stolen, the Customer shall remain liable for all Call charges incurred until the Company is so informed. The loss of or inability to use the Equipment does not automatically bring the Contract term or the Customer‟s liabilities under this Contract to an end.
3.2 The Company may require the Customer to pay a deposit before connection is made and/or after connection, as security for payment of Charges. A deposit is refundable after Contract termination or after a satisfactory payment record is established and the Customer has paid all amounts owing to the Network. Advance payments may also be required of the Customer, which shall be credited to the Customer‟s account. No interest shall accrue on any deposit or advance payment.
3.3 Invoices shall ordinarily be sent to the billing address shown on the application form (or an address notified to the Network). The Customer may additionally or alternatively opt to receive an electronic copy of the invoice over the internet in which case the terms and conditions of the relevant Network internet site shall apply also. VAT at the appropriate rate shall be added to all invoices unless otherwise specified. The Network may for operational reasons change its invoicing methods and periods and issue interim invoices. All Charges and other payments must be paid by the due date specified on the invoice.
3.4 All equipment including handsets supplied by the Company remain the possession of the Company until the completion of the contract unless the Customer has specifically requested the equipment and has received an official Company invoice and paid the said invoice.
4. Customer Obligations
4.1 The Customer is responsible for the acts and omissions of all persons using the Customer‟s Equipment and password protected accounts. Without prejudice to any provision of this Contract, the Customer agrees:-
(a) not to use or permit the use of the Service or the Equipment for any improper, indecent, obscene, unlawful, harmful, unauthorised, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person or to send unsolicited commercial messages to any person;
(b) not to use or permit the use of the Service or the Equipment, so as to cause the operation of the Network or the quality of Service to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system;
(c) toonlyusetype-approvedEquipmentwiththeNetwork,tocomplywithalllaws,regulations and user guides governing its use and to remain solely responsible for the manner in which the Equipment is used;
(d) to comply with all reasonable instructions or requests of the Company or an authorized authority, in particular as to the manner of using the Service and in relation to the investigation of any offences;
(e) to promptly notify the Company in writing (unless the Company otherwise requires) of any change of address or cessation of Service by the Customer;
(f) to inform the Company immediately by telephone and (if the Company requires) confirm in writing, if the Customer‟s Equipment is lost, stolen or damaged.
4.2 Mobile equipment supplied by the Company remains the property of the Company until; (a) the completion of the contract;
(b) a invoice for the said equipment has been paid by the Customer;
(c) the Customer has, in writing from the Company, confirmation that the equipment is supplied by the Company for sole use of the Customer and no charge will be made for the said equipment.
4.3 ShouldtheCustomernotfulfilthepaymenttermsoftheNetworkcontract,andtheNetwork place a claw-back of commission payment on the Company, the Company reserves the right to reclaim either; (a) the full value of any equipment supplied or (b) the full value of any money returned to the customer as part of an agreed „cash-back‟ arrangement.
5. Suspension / Termination
5.1 The Network, after advising the Company as the Reseller may, without notice, suspend the Service to the Customer wholly or partially for any valid reason, including without limitation, where:-
(a) the Customer fails to pay the Network any sums due under this Contract or any other contract with the Company on the due date specified in an invoice, notwithstanding the issue of any invoices thereafter; or
(b) The Company reasonably believes that the Customer is unable to comply with payment obligations, represents a credit risk or exceeds any limit on Charges imposed by the Company or if the Company is unable to contact the Customer following reasonable efforts; or
(c) the Customer fails to observe any term or obligation set out herein (and in particular the Customer Obligations referred to in Clause 4) or any relevant law. During any period of Service suspension the Customer shall remain liable for all Charges unless the Company decides otherwise. The Company reserves the right to reconnect the Customer to the Network and to levy a fee on each suspended subscription and/or require revised payment terms (including security payments).
5.2 This Contract may be terminated by either party giving to the other at least 28 days written notice or, in the case of porting, on the completion of the porting process.
5.3 Notwithstandinganyotherprovisioncontainedherein,theCompanymaybywrittennotice terminate this Contract with effect from the date set out in the notice and thereupon cease to provide the Service to the Customer, where:-
(a) there is a serious failure by the Customer to observe or perform any term or obligation set out herein (and in particular the Customer Obligations referred to in Clause 4) or any relevant law and, where such failure is capable of remedy, the Customer has not remedied the failure within 14 days of receiving notice to do so by the Company”
(b) the Customer fails to rectify a situation which has given rise to a suspension of the Service under Clause 5.1, within 14 days of the suspension being imposed;
(c) the Customer supplies at any time false, inaccurate or misleading information to the Company;
(d) the Customer is adjudicated bankrupt, becomes insolvent or makes any composition or arrangement with or assignment for the benefit of creditors;
(e) any meeting of the Customer‟s creditors is called pursuant to Section 266, Companies Act, 1963 (as amended) or if the Customer enters any liquidation or has a receiver of its assets or a provisional liquidator appointed or should a petition for winding up be presented or advertised or a petition for the appointment of an examiner be presented;
(f) if for any reason the Company is unable to provide the Service to the Customer.
5.4 Where the Contract is terminated all Charges will continue to accrue and be payable either until the end of the 28 day notice period (where termination is pursuant to Clause 5.2) or until the date of termination (where termination is pursuant to Clause 5.3). The Customer is advised that in certain circumstances the Company may become aware of outstanding Charges after the date of the invoice issued on termination (eg. Roaming charges that are subsequently advised to the Company by its roaming partners). In these circumstances, the Company shall be entitled to raise subsequent invoices and the Customer shall be obliged to discharge all such invoices by the due date specified on the invoices.
Notwithstanding the foregoing, if the Contract is terminated under Clauses 5.2 or 5.3 during the Minimum Period, the Customer shall, following the Company’s invoice, pay a termination charge calculated as the sum of the monthly tariff charges which would otherwise be payable until the end of the Minimum Period.
5.5 Upon suspension or termination of the Contract, the Company shall disconnect the Customer’s Equipment from the Network. Where the Company exercises any of its powers under this Clause 5, such exercise shall not prejudice or affect the exercise of any other right or remedy which may be available to the Company.
5.6 If the Customer leaves the Company prior to the end of the designated contract period, any remaining Technology or Kit Fund is forfeited, and will not be paid by the Company.
6. Exclusion of Liability
6.1 Insofar as it is permissible by law, the Company shall not be liable for any injury, loss or damage, whether foreseen or unforeseen, directly resulting from:-
(a) any failure, interruption, delay, suspension or restriction in providing the Service to the Customer which is due to any act of God, government control restrictions or prohibitions, any other act or omission of any public or regulatory authority (whether local, national, international or supranational), an act of default of any telecommunications supplier, strikes, work stoppages or labour disputes or any other cause whatsoever which is beyond the reasonable control of the Company;
(b) any unlawful or unauthorised use of or access to the Network, Service or Equipment by the Customer or third parties;
(c) any claim arising out of any act or omission by the Customer, its servants or agents or arising out of any reliance placed by such persons on Call Content;
(d) any valid suspension of the Service or termination of the Contract;
(e) any loss, theft or malfunction of the Customer’s SIM card or Equipment;
(f) any claim arising in relation to the provision (or non-provision), maintenance or use of telecommunications lines, channels, equipment, networks or services or arising out of Calls being dropped or GPRS Connections being lost for any reason;
(g) any claim arising out of or resulting from the quality of fitness for the purpose of, compliance with description of, or compliance with sample of any goods supplied to a Customer unless the Customer “deals as a consumer” within the meaning of the Sale of Goods and Supply of Services Act 1980.
6.2 The Company will not be liable for any indirect or consequential loss or damage whatsoever, whether it is foreseen or unforeseen, including but not limited to loss of profits, data, revenue, business, anticipated savings or goodwill. Nothing herein shall have the effect of excluding or limiting the liability of the Company for death or personal injury resulting solely from its act or omission. Otherwise, any liability of the Company to the Customer pursuant to this Contract shall not exceed the sum of £1,500 per claim.
6.3 The Company shall exercise such reasonable skill and care in the provision of the Service as may be expected of a reasonably competent mobile telecommunications reseller, but will not be liable for issues directly related to provision of service by the Network provider.
6.4 Except as expressly provided in the Contract, all conditions, terms, warranties and representations whether express or implied by law in relation to the provision of the Service are excluded to the fullest extent permitted by the applicable law.
7. Directory Services and Caller Display
7.1 Unless the Customer requests otherwise, the Network shall include the Customer in the Network’s directory lists. Where the Customer is included in the Network‟s directory list, the Network shall display the Customer’s telephone number to called persons unless the Customer requests otherwise.
8. Numbers and SIM Card
8.1 The Customer shall not have any proprietary rights whatsoever in any mobile phone number allocated to the Customer by the Company from time to time. The Network reserves the right at any time to alter or replace a mobile phone number allocated to the Customer or any other name, code or number whatsoever associated with the Service.
8.2 The Network shall issue the Customer with and license the Customer to use a Network SIM Card on the condition that the SIM Card shall remain the property of the Network and shall be returned to the Company upon request. The Company may charge the Customer for the cost of checking, repairing or replacing a SIM Card.
9. Customer Information
9.1 Personal information will be retained for a reasonable period of time in a secure environment. Please note that Customer calls to the Company Customer Care may be recorded for training and quality control purposes.
9.2 The Company or the Company Agents may from time to time contact the Customer by post, telephone, e-mail or text message regarding details of specific promotions or information on various Company products or services. The Customer hereby explicitly consents to such contact. If the Customer does not wish to receive details of such promotions, the Customer should contact the Company Customer Care team on 01707648070.
10.1 Persons wishing to port from their current Network to another mobile network will be subject to the proposed network’s porting requirements. The network may vary the porting requirements from time to time. If this Contract has been signed and a deferred porting date has been requested, the Service and the Customer’s obligations pursuant to this Contract shall not commence until the selected porting date.
10.2 Customers wishing to port from the Network must contact the Company stating the Network they wish to port to and will be responsible for complying with the porting requirements of that operator. Porting will be treated as a termination of this Contract. Customers are advised that that requests to port from a Network may be declined by the Company in the event that the Customer’s account is in arrears.
11.1The following words and expressions have the following meanings:
“The Company” means Pneuma Data Solutions Limited t/a Pneuma Communications whose registered office is at Providence, Bracken Lane, Storrington, W. Sussex RH20 3HS “Customer” means the customer who, being an individual or representative, enters into this Contract by completing and signing the application form or who, being an organisation, enters into this Contract by virtue of the completion and signing of the application form by an authorized signatory;
“Equipment” means the Customer‟s type approved mobile terminal and the Company
SIM card which is connected by the Company to the Network pursuant to this Contract; “Contract” means the legal agreement between the Network or Service Provider and the Customer
“Charges” means the charges for the Service, as published in the Company‟s periodically updated tariff guides (including, but not limited to, connection charges, service options, monthly rental or tariff charges, Call charges (which may vary depending on the type of Call made), GPRS Connection charges and administrative charges) and certain Third Party Services which the Customer may choose to receive;
“Network” means the mobile or telecommunications network and systems used to provide the Service;
“Service” means the mobile telephony service provided by the Network and arranged through the Company, and which enables the Customer to make or receive Calls over the Network, and any additional services provided by the Company over the Network from time to time; “Third Party Service” means any service promoted or provided by third parties to the Customer.