1pMobile Terms and Conditions
These Terms and Conditions constitute an Agreement ('Agreement') between you, the end user, and Telecommunications Management Limited trading as 1pMobile. You should read these terms carefully. By using the Service(s) you will be deemed to have accepted, and will be bound by, these Terms and Conditions.
- 'we' or ' us' means Telecommunications Management Limited trading as 1pMobile.
- 'You' or 'you' means the customer named in the application (whether online or verbally via either our customer services or sales teams) for 1pMobile services and 'your' shall be construed accordingly.
- 'SIM card' means the Subscriber Identity Module we have supplied that enables you to use the Service when inserted into a compatible mobile phone.
- 'Tariff' shall mean our prices relating to your use of the Service on the Price Plan you are using from time to time, which may include both fixed and variable monthly charges, as published on our website.
- 'Service' means the mobile phone service provided by us to you using a SIM card.
- This Agreement will commence on the date that you agree to the terms that we offer you (whether by accepting them online or via our customer services or sales teams) and will continue thereafter unless cancelled by us in accordance with 2(b) below or by you at any time not having met the minimum top-up requirement set out in Clause 3 below. The commencement date ('Commencement Date') for any Service shall be the date that such Service is activated by you, or 7 days after the SIM card has been dispatched by us, whichever shall be the earliest.
- We reserve the right to cancel this Agreement prior to any Services going live if we are unable to verify any of the information provided to us by you, and at our sole discretion at any time where we have any commercial, technical or operational reasons for not providing you with the Service(s), and you shall not be entitled to compensation of any form whatsoever where we have exercised this right in respect of our failure to supply the Service(s) or otherwise.
- TOP-UP REQUIREMENT
- In order to remain a customer, you must top-up your 1pMobile phone/account with at least £10 once every 120 days (4 months) with effect from the Commencement Date.
- If you fail to top-up by the next top-up due date (which is shown in your account area),
- we will close your 1pMobile account,
- your mobile number will be disconnected,
- and any unused credit will be lost.
- If you have ported a mobile number to us then the number will be returned to the issuing network provider and may not be retrievable.
- The current minimum topup is £10.
- THE SERVICES
- We will use reasonable efforts to make the Service(s) available but owing to the nature of communication networks,
it is impossible to provide a fault free service; the quality and coverage of the Service(s) depends on both the communication network to which you are connected and also on other communication
networks to which the person you may be calling is connected. We may use whichever network(s) we consider appropriate to supply these Services to you, and may change the network(s)
we are using at any time and without notice provided this does not affect the price(s) which we are charging you.
The Service(s) might be adversely affected by too many people trying to use the network at the same time, physical features such as buildings and underpasses and by atmospheric conditions or
other causes of interference and may fail or require maintenance without notice. For mobile services, any coverage maps are our best estimate but not a guarantee of service coverage which may vary from
place to place.
- We will use reasonable efforts to obtain access to compatible networks in other countries; we call this 'roaming'. You should bear in mind that your ability to use overseas networks will depend upon the arrangements between the foreign operators and the network we are using to provide the Service(s) from time to time. We do not guarantee the availability of roaming in any overseas country, and if roaming is available, the cost of making or receiving a call may be significantly higher than in the UK.
- We will endeavour to provide you with the various features offered by your handset and network provider, however, we do not accept any responsibility if any of these features are not supported by us and/or the network provider we use and/or the handset you have chosen.
- We will provide you with a SIM card free of charge to enable you to use the Service. It may have been programmed so that you will not be able to use overseas networks or to make international or premium rate calls; if you want to use the mobile phone to make such calls, then you should login to your account area on our website and choose the types of calls you wish to enable or call our customer services team.
- If we are providing a voicemail service, then in the interest of other users, we may limit the number and duration of messages that can be left on your voicemail service. Please note that confidentiality of messages cannot be guaranteed. You must not record an abusive, defamatory, or obscene greeting message; if you do so, we may change it without notice or withdraw your voicemail facility at our discretion.
- Any phone or other equipment used by you to access the Service(s) must be lawfully approved for connection. You must not use the Service(s) for any improper or unlawful purpose or in a manner which causes a nuisance. You must comply with any instructions we give you about the Service(s). While using your mobile phone, you must not reverse the charges on any telephone call or accept a reverse charge call. This clause also applies to anyone else using the Service(s) with your permission.
- Customers using our Service on a 'SIM only' basis should be aware that we are unable to guarantee that the SIM card we provide will be compatible with your handset. You may need to arrange for your handset to be unlocked before you can use our Service. This is likely to be required if the handset was originally supplied by O2, Vodafone or '3'.
- It is unlikely, but we may need to change your voicemail number, mobile phone number or any other number from time to time, or to use a different network or carrier. We will let you know if this is going to affect you.
- Please note that the charges for the Service(s) will be calculated using data recorded by the carriers and networks which we use, and not from any data recorded by you. In the event of any dispute, the call data record from the carrier or network shall be deemed to be conclusive evidence of that usage. You are responsible for all call charges made on your Service(s), howsoever arising and whether or not such calls were made with your authority or knowledge.
- Fair use guidelines for Roam-like-at-home within the EU/EEA.
- As part of the roam-like-at-home legislation set by the EU regulator all mobile phone customers have certain usage obligations which they need to consider as part of use of our Service in relation to roaming in our EU/EEA/Zone1.
- You may only use our services in the EU/EEA/Zone1 destinations for periodic travel, like holidays or short breaks.
- As part of our fair use policy, we may monitor and check your roaming use over a rolling 4-month period.
If, during this period, you have spent more time abroad than at home and/or your roaming usage exceeds your domestic usage,
we will contact you and ask you to clarify your situation. You will have 14 days to do so.
If you continue to spend more time abroad than you do at home and/or your roaming consumption continues to exceed your domestic usage
we reserve the right to start applying a surcharge to your roaming consumption. The surcharges are as follows:
- Calls to UK/EU/EEA landlines and UK/EU/EEA mobiles 3p per minute.
- Text to UK/EU/EEA mobiles 1p per message.
- Data 0.3p per MB.
- There is also the possibility that the local network will block your service if they see your phone/SIM is connected for extended periods beyond 60 consecutive days.
- Roaming outside the EU/EEA.
- As 1pMobile pay-as-you-go service with no monthly commitment you are warned that the costs of using our services outside the EU are significantly higher then within the EU and may use up your credit very quickly.
- PAYMENT AND CHARGES
- Our website shows the types of charges most frequently incurred when using the Service(s); it also contains full tariff details on all our other charges.
- All calls are charged in accordance with the price plan you have chosen. Call setup charges do not apply to free or fixed price calls.
- Calls to numbers beginning 08 (but excluding 0800 and 0808), 09 or 118 made using our mobile service (eg: 0845, 0870, 09XXX) will be charged by adding the service charge set by the organisation you are calling to our published mobile service access charge for these types of calls. The access charge is calculated on a ‘per second’ basis subject to a minimum of one minute per call, rounded up to the nearest whole penny.
- You will be charged for each call on the network that provided the service, even if this was not your intended Communications Provider; to prevent this from happening, you should turn off ‘automatic network selection’ on your handset and manually select the preferred network – this is particularly important in areas close to national borders (where calls may be charged as if you were roaming) and when travelling outside the UK.
- A call ends when:
- you end the call on your device; or
- up to 16 seconds after your calling device loses signal for any reason (note: we continue to maintain the call in case your device re-establishes a signal with our network within this period); or
- you do not end the call on your device, up to 30 seconds after the last third party you were connected to has ended their call.
- Text messages that are over 160 characters in length may be split by your mobile device into smaller messages and recombined by the recipient’s mobile device. In this event, each individual message is deducted from any inclusive allowance or charged at the appropriate rate for the text message, including the roaming rate, if you are abroad.
- Some Smart Phone Applications (Apps) send text messages and/or data packets to the App Developer when first used or activated, and/or subsequently, and you may not be aware that such text messages have been sent. Any such messages will be deducted from any data Boost or charged at the appropriate rate for the text message / data used.
- Replacement SIM cards (if required) will be charged at £2.50 each.
- LOSS OF MOBILE PHONE
- If your mobile phone is stolen or if you lose it, please contact us immediately so that we can prevent further calls being made from it; you will be required to pay for any chargeable usage (e.g. calls, texts and data) up to the time you notify us.
- Replacement SIM cards (if required) will be charged at £2.50 each.
- SUSPENSION OF THE SERVICES
- At our sole discretion, we can suspend or disconnect the provision of the Service(s) immediately, without telling you and without notice if:
This Agreement does not come to an end during any period of suspension, any Top-up Requirement will continue to apply, and any stored voicemail greetings or messages may be lost. Any unused call credit on Mobile services will be lost. You will not be entitled to a refund in respect of any unused credit held on your account under any circumstances, except where you have notified us that you wish to cancel your account within 14 days of application.
- we believe you are using the Service(s) in an unauthorised way, or for criminal activities or for the transmission of any material which is of a defamatory, offensive, abusive, obscene or menacing nature;
- 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 the Service is taking place;
- we believe that the Service(s) are being used for spam or bulk messaging (unless previously authorised by ourselves)
- we have reason to believe the security of the SIM card may be prejudiced;
- you notify us that the mobile phone has been lost or stolen;
- we have reasonable grounds for believing you may not pay any amount(s) that are, or may become, due from you;
- your phone number is being advertised in or on a public phone box or other public space for solicitation purposes;
- your payment choice and/or top-up method instruction is refused or cancelled;
- we are informed that the card or payment method used to make any top-up is not held in your name or not registered to you at the address you have provided to us;
- you do anything (or allow anything to be done) which we reasonably believe may damage or affect the operation of the networks or adversely affect the service or Services that we provide to our customers;
- you fail to meet the minimum Top-up Requirement as set out in clause 3a above; or
- there are reasons outside of our control.
- If you are unable to use all of the Services for a continuous period of 24 hours because:
then each such 24-hour period will be ignored for the purposes of the minimum Top-up Requirement, and any period referred to within this agreement shall be extended accordingly.
- there is a technical failure of the networks;
- they are being tested, modified or maintained; or
- access is denied to us
- VARIATION OF CHARGES
- We reserve the right to increase or decrease our charges and/or introduce new charges from time to time, this includes where there has been a regulatory change which affects the cost of us providing the Service to you or an increase in the rate of VAT. If we increase any of our charges and we believe that increase is likely to be to your significant disadvantage (i.e. an overall increase in excess of the rate of the Retail Price Index for the period since those charges were last updated by us, to the total amount we are currently charging you for this Service), we will give you at least 30 days' prior notice; in such circumstances, except where the increase results substantially from a regulatory or tax change, you may cancel the Service to which the increase relates with immediate effect by notifying us before any such increase takes effect. If you have not notified us that you wish to cancel during this period, you will be deemed to have accepted the variation.
- ENDING OF THIS AGREEMENT
- You may cancel any Service(s) with immediate effect and without penalty by notifying us within 14 days of entering into this Agreement, however you will still be liable for any costs you have incurred in using the Services in the meantime; this is the only situation in which you are entitled to receive a refund of your unused credit balance.
- You may notify us that you wish to end this Agreement immediately if:
- we have committed a material breach of this Agreement and fail to put it right within 14 days of you asking us to do so in writing; or
- all of the Services are permanently no longer available to you; or
- all of the Services are permanently no longer required by you.
- We may end this Agreement immediately by writing to you if:
- you commit a breach of this Agreement (including any of the circumstances set out in clause 7 above) and do not put it right within 14 days of being asked by us in writing to do so; or
- we are no longer able to provide the Services to you on a permanent basis.
- If we receive notification from another provider that you have asked them to take over the supply of any Service(s) we are supplying, this agreement will terminate immediately upon the transfer of your mobile number to that provider.
- When this Agreement comes to an end:
- the Service and/or Equipment will be disconnected; and
- you may not be able to transfer the telephone number(s) you have been using on our Service to another provider; and
- any unused credit will be lost.
- LIABILITY AND EXCLUSIONS
- 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, wasted expenditure or savings you might have made. 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, and if you choose to use an alternative carrier or network then we will not be responsible for that carrier's charges.
- When you use the Services, the identity of your telephone number may be sent through the networks so as to be identified to the phone being called. It may be used by us to identify you when calling our customer service number, or to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion.
- For your own protection, you must keep confidential any lock code(s) associated with your mobile phone, your voicemail access number, and any other personal identification or security number.
- In the event you decide to move your mobile telephone number to an alternative provider or network we will provide a porting authorisation code ('PAC') to you upon request. In the event the PAC expires and you have not used it, then you will be deemed to have cancelled your notice to us, and we will continue providing your Service in accordance with these Terms and Conditions. If you subsequently request a further PAC code, this will be treated in the same way.
- We may at our sole discretion change the carrier(s) being used to route your call traffic at any time and without notice.
- You may have the right to refer certain disputes to arbitration in accordance with arbitration procedures set up by the network operator under its license, details of which are available from us upon request.
- 1pMobile Customer Service
6 Oriel Court,
Omega Business Park,
- email: firstname.lastname@example.org
- phone: 03333 44 22 78
- 1pMobile is a brand and trading name of Telecommunications Management Limited.
Registered in England. Company Number: 3592271.
Registered address: Network HQ, 508 Edgware Road, London, NW9 5AB
- VAT No: GB 783 9953 59.
* Calls to or 0333 number (and all 03xx numbers) are charged at your standard network rate as if calling an 01 or 02 number.