The Yes Mobile Network Airtime Subscription Terms & Conditions
SUMMARY OF KEY AIRTIME SUBSCRIPTION TERMS AND CONDITIONS
This document includes the terms on which we will loan you loaned equipment for the supply and use of your Yes Mobile Network digital Airtime services.
FULL TERMS AND CONDITIONS
1. DEFINED TERMS
We have used certain defined terms throughout these Terms to make them easier to read and understand. The words and phrases set out in this clause 1 and used in the Terms have the following meanings:
1.1 Agreement means the agreement between You and Us.
1.2 Agreement Start Date has the meaning given in clause 4.2.
1.3 Airtime means the airtime digital network services and other ancillary services which We supply to You under the subscription Agreement.
1.4 Business Day means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
1.5 Charges means the charges You are required to pay under the Agreement for the subscription.
1.6 CPA has the meaning given in clause 15.
1.7 Handset means the mobile telephone handset which is loaned equipment and our property and is loaned to you at no cost under the Agreement.
1.8 Order means Your order for the Airtime and Handset via the Website.
1.9 Terms means the terms and conditions set out in this document.
1.10 SIM means the SIM (Subscriber Identity Module) card which is loaned equipment and our property and is loaned to you at no cost under the Agreement.
1.11 We, Us, and Our means The Yes Mobile Network Ltd.
1.12 Website means Our website at www.theyesnetwork.co.uk.
1.13 You, and Your means the individual who enters into the Agreement with Us.
2. INTRODUCTION AND INFORMATION ABOUT US
2.1 The Terms apply whenever You enter into an Agreement with Us. It is very important that You read and understand the Terms before entering into an Agreement with Us. By placing an Order for Airtime and a Handset from Us, You agree that You have read and accept the Terms and that they apply to the Agreement between You and Us.
2.2 You must be aged 18 years or older and be resident in the United Kingdom in order to enter into the Agreement with Us. By placing an Order for Airtime and a Handset from Us, You agree that You fulfil this criteria.
2.3 We are The Yes Mobile Network Ltd. We are a private limited company incorporated in England and Wales under registration number 10824656 and Our registered office address is at Second Floor, Jordan House, Hall Court, Hall Park Way, Telford, Shropshire TF3 4NF. Our VAT Number is 272901210.
2.4 You can contact Our customer services team in the following ways:
2.4.1 by post to Jordan House, Hall Court, Hall Park Way, Telford, Shropshire TF3 4NF;
2.4.2 by telephone on 03707 701701;
2.4.3 by email at firstname.lastname@example.org; or
2.4.4 by using Our smart contact form on the Website at here.
2.5 We may contact You using the postal address, telephone numbers and/or email address that You have provided to Us when placing Your Order or such other contact details You provide to Us from time to time .
3.1 You can view the Airtime subscription packages We offer on our Website. If You have any questions regarding Our Airtime subscription packages please contact a member of Our customer services team who will be happy to assist You.
3.2 Please note that:
3.2.1 the images of the Handsets on the Website are for illustrative purposes only. Although We have made every effort to display colours accurately, We cannot guarantee that the device's display of the colours accurately reflects the colour of the Handsets. Handsets may vary slightly from those images;
3.2.2 products, prices, offers, tariffs and promotions are valid for the period they are displayed on the Website, and all of which are subject to availability. If any of these should change to Your detriment or become unavailable in the period after You have placed an Order with Us, We will contact You before proceeding with the Order and You will have the option to cancel the Order without payment;
3.2.3 We make every effort to ensure that the Website is kept up to date and that the information on it is accurate. However, We make no representations, warranties or guarantees, whether express or implied, that the content on Our site is completely accurate, complete or up to date; and
3.2.4 Our Website is solely for the promotion of products and services within the United Kingdom. Unfortunately, We do not accept orders from or deliver to addresses outside the United Kingdom.
4.1 You can place an Order for Your preferred subscription package using the Website. On receipt of Your Order We will send You an email setting out the subscription package that You have selected. You should check this email to ensure it accurately reflects Your Order and chosen subscription package. This email is an acknowledgement of the Order only and does not amount to an acceptance which creates the legally binding Agreement with You. You can withdraw the Order at any time before We email You Our formal acceptance of it.
4.2 Our formal acceptance of Your Order will take place when We email You to accept it. This formal acceptance will confirm the date which You have selected during the Order process for the Agreement to take effect from. The legally binding Agreement between You and Us will come into existence on that date selected by You as part of the Order (Agreement Start Date).
4.3 We will email You if We are unable to accept Your Order. We may be unable to accept the Order for many reasons including, by way of example, because:
4.3.1 the loaned equipment is out of stock;
4.3.2 the Airtime is unavailable;
4.3.3 there are unexpected limits on Our resources which We could not reasonably plan for;
4.3.4 We have identified an error in the price or description of the subscription;
4.3.5 We are unable to meet a delivery deadline that You have specified; or
4.3.6 You have already breached another agreement with Us in the past.
4.4 All orders from customers are reviewed and processed by Our orders team who may contact You for additional information where necessary. If You fail to provide this additional information We may be unable to accept the Order.
4.5 If We are unable to accept Your Order pursuant to these Terms, We will endeavour to offer You an alternative subscription package if possible.
4.6 Please note that We will only accept an Order through the Website from a web browser that permits communication through Secure Socket Layer (SSL) technology. This is to protect You and means that You cannot make an Order through an unsecured connection.
5.1 You acknowledge and agree that the SIM card and handset is loaned equipment which is loaned to you at no cost and will remain Our property at all times under this subscription agreement.
6. DISPATCH OF SIM
6.1 We will dispatch the loaned equipment (SIM) to You to the address provided in Your Order as soon as possible after Your Order has been formally accepted by Us. It will usually take up to five Business Days for the SIM to be delivered to You. You should contact Us as soon as possible if the SIM does not arrive by the Agreement Start Date. You will be required to activate the SIM before You are able to access the Airtime. Please note that You will be unable to activate the SIM before the Agreement Start Date.
6.2 Please note that You will need to provide Your express consent to Us to provide the Airtime within the first 14 days of the Agreement Start Date. This obligation is discussed in more detail in clause 22.3 below.
7. AIRTIME USAGE
7.1 To protect You from high bills We will impose a maximum Airtime usage limit on Your account. The pre-paid Airtime usage limit cap on your account is equal to that of your weekly subscription payment amount. The Airtime amount remaining on your account can be confirmed by checking Your account on the Website or by contacting Our customer services team. If You reach Your maximum limit and have used Your Airtime allowance of minutes, texts or data, You will only be able to receive incoming calls and text messages. If You have reached Your account limit at any time You can make a top up payment on Your account by contacting Our customer services team or logging into Your account on the Website.
7.2 Your Airtime credit can be used in the UK for any mixture of calls, texts and data, which is calculated on a pro rata basis as follows:
7.2.1 £0.10 per minute. Call charges are quoted by the minute and are charged in one second increments and rounded up to the nearest penny unless otherwise stated;
7.2.2 £0.10 per text; and
7.2.3 £0.02 per megabyte of data.
7.4 Call charging rates which vary dependent on the time of day are billed according to the start time of Your call.
8.1 The minimum duration of the subscription Agreement is 12 months from the Agreement Start Date. This means that You are legally bound to pay the subscription charges for a minimum period of 12 months from the Agreement Start Date. Once this initial minimum period ends, We will continue to supply services to You until either You or Us ends the Agreement in accordance with our cancellation policy.
9.1 As part of the supply of the SIM and Airtime to You, We will:
9.1.1 subject to You complying with Your obligations under the Agreement, allow You access to Our network which will enable You to make or receive calls and SMS messages, and to send and receive data as well as access information via the internet;
9.1.2 open an account for You and provide You with a mobile phone number. Please note that this mobile phone number does not belong to You and may only be transferred to a third party network service provider with Our prior written permission and when You have made full and final payment for all of the charges due to Us under the Agreement. You will usually be able to move Your existing mobile phone number to Us. To do this You will to ask Your previous third party network service provider for a porting authorisation code (called a PAC), and then You will need to give this PAC to Us. Once We have verified the details of Your PAC request, We will inform You of the date on which Your existing mobile telephone number will be moved to Us;
9.1.3 use Our reasonable endeavours to ensure that Our network is available and free from defaults. However, You acknowledge and agree that We cannot guarantee Our network will be permanently available without interruption. Usual issues which affect Our network include, for example, geographic and atmospheric variations and the actions, omissions and negligence of third parties. If Our network is unavailable for any significant period of time We may, at Our discretion, credit Your Account for the subscription Charges You have paid on account of such loss of service and unavailability on a pro rata basis;
9.1.4 occasionally be required:
(a) to temporarily suspend Your access to Our network. This is usually due to reasons outside of Our control including, for example, maintenance of the network or in case of emergencies, but may also include occasions where We have reasonable belief that You are in breach of Your obligations under the Agreement;
(b) to migrate Your account from one platform to another. We will notify You if Your access to Our network will be affected by any migration; and
(c) to change the mobile telephone number We have given You. This will only ever be done for reasons beyond Our control.
9.2 Please note that the SIM and Airtime package does not include any premium rate services including, for example, directory inquiries, 087 business information lines, mobile games; competitions and quizzes; charity donations; adult entertainment, chat services, voice and video services. We will only allow access to such premium rate services if We have agreed this with You in advance. We may withdraw Your use of these premium rate services by notifying You at any time if We reasonably believe You are incurring charges You cannot afford to pay. Please note that We are not always able to restrict premium rate services and You will be liable for all premium rate service charges that are incurred on Your account. We may suspend the SIM and Airtime or terminate the Agreement if We are unable to contact You and these costs continue to be incurred.
9.3 If You report Your SIM to Us as lost or stolen We reserve the right to:
9.3.1 prevent it from being used on Our network; and
9.3.2 inform any third party network service providers of the SIM details to ensure that it cannot be used on their own networks.
9.4 We shall charge You £10 if Your SIM is lost or stolen to replace it. This charge includes all taxes and postage and packaging.
9.5 You acknowledge and agree that We cannot take responsibility for evaluating the accuracy and validity of any transactions concluded on Our network, including the purchase of any goods, services or digital content from a third party.
9.6 If a governmental body or other lawful authority orders the reallocation or change of mobile telephone numbers We may have to change Your number and in such circumstances We shall have no liability to You for the change of mobile telephone number.
10. SUSPENSION OF SIM AND AIRTIME
10.1 The SIM and Airtime, and Your access to Our network, may be suspended immediately if:
10.1.1 repairs, maintenance or introduction of new aspects of Our network are required;
10.1.2 We are instructed by any governmental body, emergency services or any other competent or lawful authority to do so;
10.1.3 We have reasonable grounds to believe that You have or someone on Your behalf has committed a serious breach of Your obligations under the Agreement;
10.1.4 You do anything or permit anyone else to do anything which We reasonably believe will adversely affect Our network and its availability to, or use by, other customers;
10.1.5 You fail to pay any subscription Charges by the due date for payment;
10.1.6 We have reasonable grounds to believe that You cannot or will not pay the subscription Charges by the due date;
10.1.7 You do not or no longer have a valid active debit or credit or Direct Debit set up on Your account;
10.1.8 You have exceeded the maximum credit limit on Your account;
10.1.9 We have reasonable grounds to believe that there is unusual use of the SIM or Airtime by You including, for example, the volume or destination of Your calls increases significantly or Your data usage increases significantly; and/or
10.1.10 We reasonably suspect fraudulent activity or money laundering in relation to any user of the account.
10.1.11 Where more than one user is set up on Your account the actions or suspected actions of one sole user may affect the suspension of the entire account.
10.1.12 You are liable for all charges incurred throughout the term of any suspension outside of Your SIM and Airtime, but We will suspend the subscription charges.
10.1.13 If any of the grounds for suspension set out in this agreement occur or We consider, in Our sole discretion (acting reasonably) that You are failing to comply to the Agreement, We will have the right to:
10.1.14 immediately suspend or cancel Your SIM;
10.1.15 give You written notice that You have lost the right for Us to supply You with the loaned equipment; and/or
10.1.16 terminate the Agreement.
11.1 You acknowledge and agree that handset is loaned equipment loaned to you at no cost and will remain Our property at all times.
11.2 You are responsible for keeping loaned equipment in good condition and using it properly. Whilst The Yes Mobile Network Ltd remain the owner, you agree to:
11.2.1 not misuse, neglect or damage the loaned equipment;
11.2.2 not tamper with or disassemble the loaned equipment or remove or obscure any labels or markings on the loaned equipment;
11.2.3 follow our reasonable instructions regarding the loaned equipment
11.2.4 keep the loaned equipment in your home and under your control (for example you may not sell or lend it to anyone, or use it as security for a loan);
11.2.5 not dispose of the loaned equipment
11.2.6 take proper care at all times to prevent the loss or theft of the loaned equipment (we recommend you insure the loaned equipment against loss, theft or damage for the full replacement value);
11.2.7 you must not tamper with the software in the loaned equipment
11.3 We will repair or replace the loaned equipment in accordance with the manufacturers warranty at no cost to you if it becomes faulty unless:
11.3.1 you are responsible for the fault in which case charges may apply
11.3.2 we have requested that you return the loaned equipment to us and you have not done so in time
11.4 You will be responsible for faults to loaned equipment caused by:
11.4.1 misuse or neglect of, or accidental or deliberate damage to the loaned equipment
11.4.2 your failure to follow reasonable instructions regarding the loaned equipment
11.4.3 equipment which you own which has not been supplied by us
11.4.4 tampering or disassembling the loaned equipment
11.4.5 you doing anything else which is likely to cause damage to the loaned equipment, unless this is done at our request
11.6 You with Your selected loaned equipment including, for example, where the selected loaned equipment is discontinued by the manufacturer without notice to Us. In such circumstances We will contact You to discuss this and will endeavour to offer You suitable replacement loaned equipment. If You agree to receive replacement loaned equipment the subscription Charges under the Agreement may increase or decrease. We will discuss and agree any changes in the subscription Charges with You when We offer You the replacement loaned equipment.
11.7 You must contact Us as soon as possible and, in any event, no later than 48 hours after any problems with the loaned equipment become apparent.
11.8 We will deal with all replacement requests with a high priority.
11.9 We will not be responsible to exchange any loaned equipment which is faulty or malfunctions as a result of Your breach of the terms of the this Agreement.
11.10 You are responsible for returning the loaned equipment to Us.
Any replacement loaned equipment will only be dispatched once the original loaned equipment has been returned to Us. You should return the loaned equipment within 7 Days by way of recorded delivery, with the original packaging full contents included, along with original documentation. Any loaned equipment returned as faulty or malfunctioning which is found to have been subjected to wilful damage, misuse or use other than in accordance with Our or the manufacturers' instructions, neglected, overloaded, or modified adapted or repaired other than by Us, will not be exchanged and will be returned to You. It is Your responsibility to ensure the safe return of the loaned equipment.
11.11 You are required to return the loaned equipment to us when we request you to do so. If you fail to return the loaned equipment within the specified time you will have breached these terms. In this case we will charge you a sum equivalent to the value of the loaned equipment at the date it should have been returned assuming the loaned equipment was kept in good condition and used properly as required under this agreement. Payment of The non-return charge does not transfer ownership of loaned equipment to you an you must still return the loaned equipment to us. If you return the loaned equipment to us within 90 days of being required to do so we will refund the non-return charge to you, less a reasonable deduction if the equipment was not kept in good condition and used properly as required under this agreement.
12. INTRODUCTION PERIOD
12.1 We will retain the loaned equipment for the first 12 weeks of the Agreement from the Agreement Start Date whilst We get to know You as a Customer. Provided that:
12.1.1 You pay all subscription Charges (and any other amounts due to Us under the Agreement) during this introduction period; and
12.1.2 the SIM is used by You as Your primary mobile telephone number and shows regular and typical account activity,
12.2 If You fail to pay all Charges (and any other amounts due to Us under the Agreement) during the introduction period:
12.2.1 The introduction period We re-initiate and You will have to pay all Charges (and other amounts due to Us under the Agreement) for a continuous period of three months or 12 weeks (as applicable); or
12.2.2 We may, at Our discretion, agree to provide You with similar loaned equipment with lower subscription Charges, to be agreed with You. In such circumstances We may need to agree a new introduction period with You and, if so, You will need to comply with this new introduction period before We dispatch the loaned equipment.
12.3 We reserve the right to terminate the Agreement at the end of three months or 12 weeks (as applicable) of the Agreement Start Date if We reasonably believe that:
12.3.1 the SIM has been subjected by You to abnormal use during the first three months or 12 weeks (as applicable) of the Agreement;
12.3.2 the Agreement has been entered into by You for the purposes of defrauding Us; and/or
12.3.3 You are not able to pay, or will be unlikely to pay, the subscription Charges when due.
12.4 If We terminate the Agreement pursuant to clause 21, then:
12.4.1 no refunds shall be due for any Charges incurred for the subscription of the SIM and Airtime already paid under the Agreement. You acknowledge and agree that this clause is reasonable given that We have supplied the SIM and Airtime package to You for three months or 12 weeks (as applicable) without a credit check being carried out against You.
13. DISPATCH OF HANDSET
13.1 We will email You when the loaned equipment (handset) is ready to be dispatched and when You should expect to receive it. Please note that any quoted delivery dates for the Handset are estimates only and We do not guarantee delivery to You by a specified date. You should contact Us as soon as possible if the Handset does not arrive by the estimated delivery date. Please note that You will need to provide Us with documentation to prove Your identity in before we dispatch the loaned equipment to You.
13.2 Within one month before the first anniversary of the Agreement, We will contact You to confirm whether You wish to upgrade Your subscription or whether You wish to end Your subscription with us.
13.3 If You confirm to Us that You wish to upgrade Your subscription:
13.3.1 We will arrange for new loaned equipment, SIM and Handset which You have selected to be dispatched to You at the end of the current subscription Agreement;
13.3.2 We will request You to return the current loaned equipment, SIM and Handset to Us; and
13.3.3 these Terms will apply to the subscription of Your new loaned equipment, SIM and Handset and a new Agreement will be formed following the end of the existing Agreement save that clause 6.1 shall not apply to the new Agreement.
13.4 If You confirm to Us that You wish to end the subscription, We will arrange for the subscription to end at the end of the Agreement, and We will request You to return the loaned equipment, SIM and Handset to Us.
14.1 Although You are not required to, We strongly recommend that You take out and maintain appropriate insurance over the loaned equipment, Handset for its full replacement value in case it is accidently damaged, lost or otherwise stolen.
15. CHARGES AND PAYMENT
15.1 The subscription charges will be set out in Our email formally accepting Your Order and must be paid by way of debit or credit card or Direct Debit. These subscription charges shall be paid by You weekly in advance. The first payment of these subscription charges shall be paid to Us on the Agreement Start Date. By placing the Order, You authorise Us to take payment of these subscription charges (in addition to all other amounts due to Us under the Agreement) from the debit or credit card or Direct Debit details You provided during Your Order by way of continuing payment authority (CPA).
15.2 If any payment date falls on a day which is not a Business day, We will use the CPA or Direct Debit to attempt to the collect the relevant subscription Charges from You on the following Business Day.
15.3 If Your circumstances change and You have insufficient funds to make any payment of the subscription Charges when due, or if You are experiencing financial difficulties, please get in touch with Us as soon as possible so that We can discuss the options available to You.
15.4 If You fail to make a subscription payment on the relevant due date for payment, We may charge You £0.50 per day for Your subscription charges until the overdue amounts are paid and Your account is up to date. We make these fixed daily charges instead of charging You a fixed rate of interest on the overdue amounts as the fixed charges better represent what We believe are Our genuine estimated losses (including, for example, Our own bank charges and extra staff and management time incurred) in respect of Your late payment.
15.5 If You instruct Your bank or credit card company to claw back any payments made to Us, We reserve the right to charge You an amount equal to the fee charged to Us by Your bank or credit card company for initiating the claw back.
15.6 If We fail to collect any subscription Charges from You when due, We will attempt to contact You to set up a good faith debt repayment programme. If We are unable to collect overdue subscription payments pursuant to this debt repayment programme, We will contact You again to discuss Your financial circumstances and how We might be able to accommodate the difficulties You are experiencing. We will continue to attempt to contact You and collect any overdue amounts (which are not paid when due) for a period of up to 30 days.
15.7 Your account with Us will be deemed to be in default on the latest of:
15.7.1 any Charges due to Us outstanding for 30 days after the original payment date;
15.7.2 You fail to pay any Charges due to Us in accordance with any good faith debt repayment programme; or
15.7.3 if We have agreed any alternative payment structures with You, You fail to pay any Charges due to Us in accordance with that alternative payment structure.
15.8 Once Your account is in default:
15.8.1 the following amounts shall become automatically due and payable:
the total Charges for Your subscription which would have been payable had the Agreement continued for its full initial duration; and
any other amounts to be paid by You under the Agreement including, for example, fixed late payment charges, costs We incur in instructing debt collection specialists (together with any associated legal costs), claw back charges, SIM replacement charges;
15.8.2 We will instruct external debt collection specialists to see repayment of these Charges and amounts from You. We reserve the right to charge You for any costs We incur in instructing external debt collection specialists (together with any associated legal costs);
15.8.3 We may:
15.8.4 disable the loaned equipment and suspend the provision of the Airtime to You;
15.8.5 terminate the Agreement; and/or
15.8.6 issue court proceedings against You for any Charges or other amounts outstanding to Us.
15.9 We reserve the right to charge You for any costs We incur in issuing court proceedings against You (including, for example, legal costs, court charges and other associated expenses).
15.10 We reserve the right to vary the subscription Charges on an annual basis with effect from each anniversary of the Agreement Start Date including, for example, to take account of any of the following circumstances:
15.10.1 the cost of Us providing the loaned equipment and Airtime to You changes due to circumstances outside of Our control (including, for example, when third parties change the charges for their own goods and services to Us or the Government changes taxes and other charges applicable to Us);
15.10.2 We are changing the way We structure our business to ensure that We remain competitive within the marketplace; and/or
15.10.3 other costs associated with running Our business change.
If We intend to vary the Charges under this clause, We will notify You of such change not less than 30 days in advance.
15.11 You will be required to pay the subscription charges for the duration of the Agreement including, for example, during any periods:
15.15.1 You have lost or damaged Your SIM and before a replacement has arrived; and
15.15.2 Our network is temporarily unavailable. Please see clause 9.1.3 below for details of Your rights under the Agreement in the event there are serious issues with Our network.
15.16 You will be liable for all charges incurred by the use of the SIM and Airtime under this Agreement whether these charges were incurred by You or someone else with or without Your knowledge or permission.
15.17 Please note that, when using file sharing software or streaming video services, You can incur significant data usage. The SIM and Airtime packages are designed for personal, non-commercial use only and should not be used in conjunction with any fraudulent, unlawful, prohibited and/or commercial activities.
15.18 We will monitor Your usage of the SIM and Airtime package at regular intervals for the purposes of reviewing and imposing maximum limits on Your account, controlling Our credit risk and Your exposure to fraudulent usage. If usage on Your account approaches the maximum limit or otherwise gives Us cause for concern We will attempt to contact You to discuss this.
15.19 You may request to change Your SIM and Airtime package by contacting Our customer services team. Pleas note that You cannot lower Your weekly subscription charges within the first 12 months of the Agreement. Any other promotional tariffs may be offered and agreed to at Our discretion. If We agree to change Your subscription package, such change will take place on Your next payment date (unless We agree otherwise).
15.20 We will provide You with access to Your online account through the customer portal on the Website. We will usually only need to alter Your billing frequency where We believe You are having difficulty meeting payment deadlines or it improves Our business efficiency in doing so.
16. YOUR OBLIGATIONS
16.1 For the duration of the Agreement You agree:
16.1.1 to promptly update Us of any changes to Your personal data including, for example, Your name, address, telephone number, email address and debit or credit card details;
16.1.2 to promptly provide Us with any information or documentation (including, for example, proof of identity or address) that We may request for purposes related to the Agreement;
16.1.3 to fully comply with all guidance, instructions and directions (in each case, whether provided in writing or orally) issued by Us or a manufacturer in relation to the loaned equipment or Airtime;
16.1.4 to inform Us as soon as possible if the loaned equipment is damaged, lost or stolen;
16.1.5 to keep all passwords, passcodes, key codes and similar security PINs applicable to the Website, this Agreement, the loaned equipment or Airtime confidential at all times;
16.1.6 not to, and not allow any third party to, use the loaned equipment or Airtime for any illegal, immoral or fraudulent purposes (including, for example, making calls or texts which are threatening, malicious, discriminatory in nature or distributing viruses, worms or spam to third parties) or otherwise without Your authority;
16.1.7 to notify as soon as possible if You suspect or become aware that a third party has used or is using the loaned equipment or Airtime in an unauthorised manner. In such circumstances You should also attempt to immediately change Your passwords, passcodes, key codes and similar security PINs on Your SIM and Handset to prevent further unauthorised use by a third party;
16.1.8 not to breach or infringe the rights of any third parties which relate to this Agreement, including, for example, the intellectual property rights of the owners of software on the Handset;
16.1.9 not to do anything which might detriment Our business and reputation without having a good reason to do so;
16.1.10 to cooperate with Us in all other matters relating to this Agreement;
16.1.11 to only use the SIM We provide with the Handset. You acknowledge and agree that You may cause damage to either the SIM or Handset by using the third party;
16.1.12 not to use the loaned equipment SIM, Airtime or Handset for commercial activities; and
16.1.13 not to use or allow anyone else to use the loaned equipment SIM, Airtime and Handset for auto delivery, continuing or extensive call forwarding, telemarketing, solicitation, polling, fax or voicemail broadcasting;
16.1.14 to take precautions to keep the loaned equipment safe including, for example, to prevent any damage being caused to it or it being lost or stolen;
16.1.15 not to misuse, wilfully damage, or tamper with the loaned equipment;
16.1.16 to allow Us access to the loaned equipment if necessary so that We can comply with Our own obligations under the Agreement, including, for example, to ensure that You have access to the Airtime; and full enjoyment out of the loaned equipment
16.1.17 not to part with possession of, or otherwise sell, transfer or dispose of, the loaned equipment without Our prior written consent;
17. MONITORING AND FRAUD PREVENTION
17.1 We will monitor Your performance under this Agreement from time to time as part of Our normal practices including, for example, any issues You have in paying on time.
17.2 We undertake this monitoring primarily to detect and prevent fraud, but also to ensure that You are not getting into financial difficulties by making the payments under the Agreement. If We have any concerns We will contact You as soon as possible and may seek to exercise any of Our available rights under the Agreement.
17.3 We are permitted to embed security mechanisms within the loaned equipment for the duration of the Agreement for the purposes of detecting and preventing fraud.
17.4 You acknowledge and agree that We may temporarily suspend Your use of the loaned equipment if We have a reasonable belief that You or a third party are committing or assisting in fraudulent activities and that following Our investigations, if Our belief is founded We may terminate the Agreement.
18. INTELLECTUAL PROPERTY
18.1 The software in the Handset and all intellectual property rights in the same (Software) are owned by the manufacturer of the Handset, Us or a third party and You are being allowed to use the Software on a limited license (Licence) from the manufacturer of the Handset or Us. You agree to comply with the terms of any such Licence and to not do anything which would or may make the manufacturer of the Handset or Us be in breach of any licence of those intellectual property rights to either the manufacturer of the Handset or Us. 18.2 You acknowledge that You have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of the Licence.
18.3 During the term of Your Agreement, You must not permit Your Handset to be unlocked by any person other than Us or the Handset manufacturer. You must contact Us if You want the Handset to be unlocked from Our network.
18.4 Except as expressly set out in the Licence or as permitted by law, You agree not to:
18.4.1 copy the Software, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
18.4.2 rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs; and
18.4.3 disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent expressly permitted by law and provided that the information obtained by You during such activities expressly permitted by law:
is not disclosed or communicated without the relevant licensor's prior written consent to any third party; and
is not used to create any software that is substantially similar in its expression to the Software.
19. DATA PROTECTION
19.1 We take data protection very serious and all of Your personal data is collected, stored and used in accordance with Our customer privacy notice which can be here. Please refer to Our customer privacy notice for more details as to how We collect, store, use and transfer Your personal data.
20. LIMITATION AND EXCLUSION OF LIABILITY
20.1 We are responsible for loss or damage You suffer that is a foreseeable result of Us breaching the Agreement, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is only foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both We and You knew it might happen including, for example, if You discussed it with Us during the Order process.
20.2 Because We are dealing with You as an individual consumer and not a business customer and providing the SIM, Airtime and Handset only for domestic and private use, We shall not liable or responsible to You for any of the following types of loss or damage:
20.2.1 business loss;
20.2.2 lost business;
20.2.3 business interruption
20.2.4 missed opportunities; and
20.2.5 loss of profits or income, or otherwise for any loss or damage which is caused by something outside of Our reasonable control.
20.3 We will not be responsible for the loss, deletion or corruption of any content transmitted or maintained by Us unless this is as a direct result of Our negligence.
20.4 As Your network provider We may provide textual, visual or other information including, for example, software, photos, graphics and sounds (Content). If We provide any Content We will use reasonable endeavours to ensure that this information is correct but cannot be held liable for this as it is provided on an "as is" basis. By accepting access to the Content You accept that We cannot be held liable for any actions You take as a result of the Content.
20.5 We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for breach of Your legal rights in relation to Our supply of the SIM, Airtime and Handset to You including, for example, the right to receive the SIM and Handset which are as described and matches information We provided to You and any sample or model seen or examined by You, is of satisfactory quality, is fit for any particular purpose made known to Us, and the right to receive the Airtime with reasonable skill and care, and otherwise for defective products under the Consumer Protection Act 1987.
20.6 You agree that We are not responsible for any delay or failure to provide any of the SIM, Airtime and/or Handset at any time for reasons beyond Our reasonable control provided that We have taken reasonable steps to minimise or prevent the delay or failure. We will notify You if there is likely to be a substantial delay, being a delay in excess of 60 days, and in such circumstances You have shall have the right to terminate the Agreement provided that You notify Us of the same and have paid all outstanding Charges and other amounts owing up to termination of the Agreement.
20.7 Nothing in these Terms limits or excludes any liability which cannot legally be excluded or limited by law. Subject to the foregoing, Our total liability to You shall not exceed the Charges You have paid to Us under the Agreement. Our total liability includes but is not limited to liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement.
21. TERMINATION OF AGREEMENT
21.1 We may terminate the Agreement:
21.1.1 if any of the following clauses apply: clause 15.18, clause 9.12, clause 10.1 to 10.1.16, clause 12.1 to 12.41, clause 17.4, or clause 26.1 to 26.4;
21.1.2 if You commit a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) You fail to remedy that breach within a period of 30 days after being notified in writing to do so;
21.1.3 if You repeatedly breach any of the terms of the Agreement in such a manner as to reasonably justify Our opinion that Your conduct is inconsistent with You having the intention or ability to give effect to the terms of the Agreement;
21.1.4 if You are the subject of bankruptcy or insolvency proceedings or if You do not make payment under a court judgment or a fine or You make an arrangement with Your creditors or a receiver or administrator is appointed over any of Your assets or You go into liquidation or if You are unable to pay or We reasonably believe that You are unable to pay Your debts as they fall due; or
21.1.5 on 30 days' written notice, with such notice to expire at any time on or after the end of the initial minimum period.
21.2 You may terminate the subscription Agreement:
21.2.1 within the cooling-off period if You change Your mind in accordance with clause 22.1;
21.2.2 if We have notified You about an upcoming change to or these Terms which You do not agree to in accordance with clause 24.1;
21.2.3 if We have notified You of the likelihood of a significant delay or failure by Us to comply with Our obligations under the subscription Agreement which is caused by circumstances outside of Our reasonable control in accordance with these terms;
21.2.4 if We have otherwise materially breached the terms of the Agreement; or
21.2.5 on 30 days' written notice, with such notice to expire at any time on or after the end of the initial minimum period specified.
21.3 Without affecting Your rights under clause 22, and subject to clause 23, You may terminate the subscription Agreement at any time on 30 days' written notice to Us provided that, if this notice expires within the minimum period specified in these terms, You pay an amount equal to the total subscription Charges would You have paid had the subscription Agreement continued for the duration of the minimum period. This clause effectively gives You the option to buy Your way out of the subscription Agreement.
21.4 Should You wish to terminate the subscription Agreement in accordance with these Terms You can do so by contacting Our customer services team in any of the ways set out in clause 2.4. We will accept Your valid termination of the subscription Agreement over the telephone provided that this is followed up in writing by either You or Us.
22. COOLING-OFF PERIOD
22.1 You are entitled to cancel this subscription Agreement pursuant to Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 at any time within the first 14 days of the subscription Agreement Start Date. Should You wish to terminate the subscription Agreement in accordance with this clause, You can do so by contacting Our customer services team in any of the ways set out in these terms. We will accept Your valid termination of the subscription Agreement over the telephone provided that this is followed up in writing by either You or Us confirming the details of the cancellation. Alternatively, You can use the model cancelation form set out at the end of these Terms.
22.3 When You make Your Order, You are deemed to have expressly requested Us to begin the supply of the loaned equipment (SIM and Airtime) during the cooling off period set out in clause 22 in accordance with Regulation 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Therefore, if You wish to terminate the subscription Agreement during the cooling off period in accordance with clause 22, You will be responsible to pay Us for any subscription Charges incurred between the subscription Agreement Start Date and the date on which the subscription Agreement is terminated.
22.5 If You exercise Your right to cancel the subscription Agreement in the cooling off period after We have begun the supply of the Airtime and loaned equipment during the cooling off period in response to a request from You, then You shall be responsible to pay Us an amount for the supply of the Airtime and loaned equipment for the period during which they were supplied (ending at the time We receive notice of Your cancellation) which is in proportion to what has been supplied in comparison with the full coverage of the Agreement, including the incurred subscription Charges for the SIM and Airtime. We will refund any balance owing to You as soon as reasonably practicable and, in any event, within 7 days of the date on which We receive notice of Your cancellation of the Agreement.
22.6 If You cancel the subscription Agreement pursuant to this clause 22 and We issued any loaned equipment during the cooling off period, then You must ensure that this is sent back to Us within 7 days of the date on which You notify Us of Your cancellation of the Agreement. The loaned equipment must be returned in its original packaging and full contents included, along with original documentation. We may charge You for the value of the loaned equipment up to the amount Your handling of them has diminished their value.
22.7 If You cancel the subscription Agreement pursuant to this clause 22 but do not return to Us any loaned equipment issued by Us during the cooling off period then all subscription charges for that loaned equipment shall remain payable by You as if the subscription Agreement and continued for a 12 month term.
23. EFFECTS OF TERMINATION
23.1 If the subscription Agreement comes to an end or is terminated:
23.1.1 You must immediately pay all subscription Charges incurred up to the date of termination;
23.1.2 We will immediately cease the supply of the Airtime and loaned equipment to you;
23.1.3 if the subscription Agreement is terminated within the minimum period specified You must immediately pay, in addition to any amounts payable under these terms, an amount equal to the total subscription Charges would You have paid had the subscription Agreement continued for the duration of the minimum period;
23.1.4 if the loaned equipment has not already been supplied to You, We will not dispatch it;
23.1.5 if the loaned equipment has already been supplied to You must return it to Us by way of recorded delivery as soon as reasonably practicable and, in any event, within 7 days of termination, in good condition with the original packaging full contents included, along with original documentation; and
23.1.7 if You fail to return it to Us, We will charge You an amount equal to the original value of the loaned equipment;
23.1.8 You must return any of Our other loaned equipment to Us by way of recorded delivery as soon as reasonably practicable and, in any event, within 7 days of termination, in good condition with the original packaging full contents included, along with original documentation;
23.1.9 You must immediately pay all other amounts due and owed to Us in accordance with the Agreement including, for example, fixed late payment charges, costs We incur in instructing debt collection specialists (together with any associated legal costs), claw back charges, SIM replacement charges;
23.1.10 We may take any legal steps necessary to recover the loaned equipment, which still remain Our property under these Terms at all times. Until the time of such recovery, We may disable the loaned equipment to prevent You from using them.
23.2 You authorise Us to collect all amounts due to Us under the subscription Agreement via the CPA or Direct Debit.
23.3 Following termination of the subscription Agreement, You must notify Us if You wish to port Your number to another third party network service provider as We will need to provide You with a PAC. You only have 30 days from when We issue You with Your PAC to complete the port with Your new third party network service provider or the number will expire.
23.4 Termination of this subscription Agreement shall not affect any rights, remedies, obligations or liabilities of You or Us that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.
24. CHANGES TO THE AGREEMENT
24.1 We may propose significant changes to the subscription Agreement at any time and will notify You in advance of the same in writing. You will have 30 days to decide whether or not to continue with the subscription Agreement, with the proposed significant changes, from the date on which We notify You of the same. If You do not agree with the changes You must confirm the same to Us in writing and the subscription Agreement will be terminated upon the substantial changes taking effect at the end of the 30 day period set out above. If You continue with the subscription Agreement, and We do not hear otherwise from You, then the significant changes We have proposed shall be deemed to have been accepted and shall become binding on You at the end of the 30 day period set out above and the subscription Agreement shall continue on that basis.
24.2 We may make minor changes to:
24.2.1 the subscription Agreement to reflect changes in the law, government regulation or license which affects the Our network and the SIM, Airtime and Handset;
24.2.2 ensure that all of Our customers are on the same contract;
24.2.3 to implement minor technical adjustments and improvements including, for example, to address a security threat; or
24.2.4 additional goods or services; and in such circumstances You will not be able to end the subscription Agreement because of these minor changes provided that they do not significantly impact the supply of the loaned equipment or Airtime to You to Your detriment.
25. STATUTORY RIGHTS
25.1 Nothing in these Terms is intended to or shall affect any statutory rights You have in respect of the subscription to the extent that it would be unlawful to do so, including those under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Consumer Rights Act 2015.
26. ZERO TOLERANCE OF UNACCEPTABLE BEHAVIOUR
26.1 Violence, aggression, threatening behaviour or abuse whether written (including email and text or other message communication) verbal physical psychological online on social media or in any other form and whether actual threatened or perceived towards Our employees, consultants, agents, representatives or property (Unacceptable Behaviour) will not be tolerated. To ensure that all employees, consultants, agents and representatives have the confidence that We will deal with all instances of violence, aggression, threatening behaviour and abuse in a robust manner, We have adopted a zero tolerance approach to protect them because their safety and security is of vital importance to Us.
26.2 Where We reasonably believe that Unacceptable Behaviour has been perpetrated, caused, allowed or enabled by You or by someone on Your behalf then, We have the right at Our sole discretion and with immediate effect to:
26.2.1 issue a written warning after which if any other incident of Unacceptable Behaviour is perpetrated, caused, allowed or enabled by You or by someone on Your behalf then We may take any other action set out in this clause; or
26.2.2 suspend the supply of the loaned equipment and Airtime; or
26.2.3 terminate the subscription Agreement.
26.3 For the avoidance of doubt, if We reasonably believe the Unacceptable Behaviour is sufficiently serious We reserve the right at Our sole discretion to take either of the actions specified in clause 26.2.2 or clause 26.2.3 without having issued You with a written warning.
26.4 Regardless of any other action taken by Us under this clause, We reserve the right to refer any incident of Unacceptable Behaviour to the police or any other appropriate law enforcement agency.
27.1 We aim to provide You with an unrivalled customer experience around the clock. We hope that You will never have a reason to be unhappy about any aspect of Our supply of the SIM, Airtime or Handset. However, Our customer services team is dedicated to helping You reach a resolution of any issue and so if You are not satisfied You should contact them straight away using one of the methods of communication set out in clause 2.
27.2 We will always work hard to resolve any complaint within one Business Day although there may be times where a more detailed investigation is required in which case We aim to resolve Your issue within five Business Days. In any situation where You feel Your complaint has not been resolved in full You can ask for it to be escalated to a supervisor or manager above the customer services team. If there is nobody available at the time Our customer services team will arrange a call back for You.
27.3 If You are still not happy, You should send Your complaint in writing directly to Our Head of Operations at the following address: The Yes Mobile Network Ltd, Jordan House, Hall Court, Hall Park Way, Telford, Shropshire TF3 4NF. Please ensure that You include any reference numbers that You have been provided with, the full details of Your complaint and Your resolution requirements. We aim to resolve all written complaints within 10 Business Days and will contact You directly with the results of any internal investigations and conclusions.
27.4 If We have been unable to reach an agreement with You within 8 weeks of You first complaining to Us You are entitled to take Your dispute to CISAS (Communications & Internet Services Adjudication Scheme) at the following address: Communication and Internet Services Adjudication Scheme, The Chartered Institute of Arbitrators, 24 Angel Gate, City Road, London EC1V 2PT. We may present You with a deadlock letter and refer You to the scheme earlier if We believe We have done everything We can to resolve Your complaint but have been unable to reach an agreement with You.
27.5 You will also be able to get independent advice at any time by visiting Your local Citizens Advice Bureau or by calling them on 08454 040506.
27.6 Whilst We are more than happy to work with independent parties to help resolve any grievance that You may have, We would always request that You follow the process above and contact Us first so that We can resolve Your issue efficiently, with minimal disruption and inconvenience to Yourself.
28.1 This Agreement is personal to You and may not be assigned to a third party. The Agreement will be binding on Your successors or personal representatives and is not to be re-sold or otherwise distributed.
28.2 We may assign or sub-contract performance of this Agreement to a third party.
28.3 Our failure or delay to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision or prevent Us from pursuing or enforcing it in future.
28.4 If for any reason any provision of the Agreement, or any portion thereof, is found to be unenforceable, the remaining provisions of the Agreement shall continue to be valid to the fullest extent permitted by law.
28.5 We may update these Terms from time to time, so please check the then-current version before You place Your Order.
28.6 These Terms are governed by the laws of England and Wales, and You (and We) agree to submit to the exclusive jurisdiction of the courts in England and Wales.
28.7 A person who is not party to Your Agreement has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any part of the Agreement but this does not affect any right or remedy of a party which exists or is available apart from that act.
28.8 You confirm that You have the full contractual capacity to enter into the Agreement.
These Terms were last updated on 1st September 2019 and are the copyright of The Yes Mobile Network Ltd.