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1. YOUR AGREEMENT

1.1 Your agreement (agreement) with Victor Mobile Limited (the Company), registered in England & Wales at 14 Hermitage Parade, High Street, Ascot, SL5 7HE, UK is provided in these terms and conditions for the mobile Pay-As-You-Go services we provide you (Services), the Pricing Guide available on our website at www.victormobile.co.uk, our Privacy Policy and any other supplemental (including promotional and fair use) terms and conditions that may be relevant from time-to-time for the Services you are using and which are published on our website.

1.2 If we accept your application or you use any of the Services, you will be deemed to have accepted the terms of this agreement as set out in clause 1.1 above. We will connect you to the network as soon as possible so you can access the Services.

2. OUR SERVICES

2.1 We will aim to provide you with a continuous service and with the quality expected from a competent provider using reasonable care and skill, but we cannot guarantee that the Services will be fault-free or available continuously or everywhere in the UK.

2.2 There may be factors outside of our control that impact availability or quality, including environmental factors such as weather or type of building, the number of people using the network and faults or maintenance or repair work in the network(s) we use to provide the Services. Please contact us if you experience a Service issue and we’ll try to fix it.

2.3 If provision of the Services to you at your home address is completely interrupted for more than 12 hours as a result of a failure in the network we use, you will be entitled to compensation (as the sole remedy available to you) as follows: one-twentieth (1/20) of your monthly subscription charge will be refunded per every 24-hour period in which such a 12-hour outage occurs. The minimum compensation for each such period shall be £1. Or, if you use the Services on a prepay basis, you are entitled to compensation of £0.50 for the first 12-24 hours; and £0.25 per day thereafter. The Company reserves the right to credit the compensation as a proportion of the bundle being purchased (i.e. by increased Data, Voice & SMS allowances). No compensation will be available for outages where the cause is outside our reasonable control such as flood, war or terrorist attack. You should claim any compensation by contacting us within 6 months.

2.4 We will provide you with a SIM and a number. We own the SIM and number at all times and you must return either if we request, for example, the number if required by a regulatory body. A PIN (personal identification number) and PUK code (personal unlock key) are associated with each SIM and you are responsible to ensure they are kept separately and safely. You must call us immediately if your SIM is lost, stolen or damaged. We do not have to refund you for any Services you have paid for in advance. You will remain responsible for all Charges incurred as a result of unauthorized use of your SIM until you notify us and we can suspend your Services.

2.5 Devices which you bring to the network used by us to provide the Services are your responsibility, including their compatibility and functionality. Your device must be unlocked in a lawful manner to be able to be used on our network.

2.6 If you use the Services in the European Economic Area we will provide Services utilizing our roaming partners from time-to-time and in line with applicable legislation and any Fair Use Policy published on our website.

3. YOUR BUNDLE ALLOWANCE

3.1 A bundle lasts for a period of one calendar month. After we’ve set your monthly renewal date, your bundle will end at 23.59 on the day preceding the same date in the next month. Your next bundle will automatically start on the following day. For example, if your monthly renewal date is 11 January it will run to 23.59 on 10 February and your next bundle will start on 11 February, next renewal is on 11 March and so on.

3.2 Each time you use your Services your bundle allowance will be reduced according to the duration and type of call or message or the amount of data used. Out-of-bundle Charges apply where you have used up your bundle allowance and continue to use voice and text Services. If you have any remaining bundle allowance at the end of a monthly period it will expire and will not be rolled-over into the next month.

3.3 Our Pricing Guide, available at www.victormobile.co.uk, sets out all current Charges and details of the calls and other traffic types (e.g. roaming and international bundles) included within the different bundle allowances.

3.4 If we need to terminate or change your bundle allowance, the monthly charge applicable to your bundle allowance (Monthly Charge) or any bundle terms to your disadvantage we will give you notice and the terms of clause 7 (Amending our Relationship) shall apply.

4. CHARGING PRINCIPLES

4.1 There is NO minimum Monthly Charge associated with using our Services, including for UK incoming calls and SMS.

4.2 You need to add top-up credit and then buy an adon Bundle to be able to use our Services costeffectively. The top-up can be done by Credit or Debit Card via our App or Website. Alternatively, you can buy a voucher from a registered retailer (details on the website) and then top-up your account using our App, Website, USSD, or IVR.

4.3 You should purchase a suitable Bundle from our range to optimize your spend based on your usage needs. The out-of-bundle charges are higher, listed on the website, and can be used if you have a cash balance on your account.

4.4 You may also register a credit or debit card with us to make regular top-up payments, as an option.

4.5 There is NO regular and automatic bill provided. Users of our App will be able to view their call CDRs (call data records) upto 6 months in arrears and also be able to email them via a CSV or Excel file to a specified (or registered) email address.

4.6 If you do not agree with your bill, you must notify us with reasons as soon as possible – at least within one month.

5. ACCEPTABLE USE POLICY

5.1 Our Acceptable Use Policy states that the Services are provided to you on condition that:

a) you do not use them in a fraudulent, criminal, unlawful, offensive, abusive, defamatory, obscene or menacing manner (including to our staff), or in breach of confidence, copyright, privacy or any other intellectual property rights or laws;

b) you comply with this agreement including any detailed acceptable use requirements on our website and follow all reasonable instructions and guidelines we give you;

c) you do not cause annoyance, inconvenience or needless anxiety or send or provide unsolicited advertising or promotional material;

d) you act in accordance with all commercially acceptable use policies of any third-party telecommunications suppliers and the reasonable use standards normally expected over the Internet;

e) you use the Services for private, consumer, noncommercial use and don’t resell our Services;

f) you use only reliable equipment approved for use with the network and do not act in a way which may damage or affect the operation of the network or any systems or the quality of the Services or our other customers, including by using GSM gateways or SIMboxes or generating artificially inflated traffic;

g) although all are optional, you provide us with accurate personal information, such as name, address, email and Direct Debit details, and you notify us promptly if such information changes, otherwise we will have the right to immediately suspend or terminate your Services.

6. THINGS WE MAY HAVE TO DO

6.1 If for operational or emergency reasons we have to interrupt the Services, for example, due to maintenance of the network we use to provide the Services, or bar certain numbers to prevent fraud, then you accept that we shall be entitled to do so without liability.

6.2 We may also suspend your Services in the situations where we have the right to – and as an alternative or addition to our right to - cancel this agreement.

6.3 We will monitor and record some calls or webchat communications to customer services for training and quality control purposes or operational or compliance reasons. We may also record all calls to the emergency services.

7. AMENDING OUR RELATIONSHIP

7.1 We may need to change our Services or these terms and conditions at any time, for legal or regulatory reasons, due to network or technology changes or for other good technical or commercial reasons, for example, changes to or withdrawal of Services if they become technically impractical or are not fulfilling their economic purpose for us or for you. We may need to change our Charges at any time.

7.2 We will publish such changes on our website, including by changing our Pricing Guide or this agreement available at www.victormobile.co.uk. We may also choose to notify you by phone, mail, recorded message or other means available.

7.3 If any change is likely to cause material detriment to you in our reasonable opinion, we will give you at least one month’s notice by email or SMS. If you do not accept such change, you may cancel this agreement by notifying us at any time before any such materially detrimental change comes into force.

7.4 Your continued use of the Services after the date of any change will be deemed to be your acceptance of the change.

8. CANCELLATION

8.1 You may notify us you want to cancel this agreement at any time and without giving any reason.

8.2 There is no refund for any partly consumed bundle. You may port-out or take your number (to another network) at any time of your choosing and any remaining cash credit or unused bundle allowances at the time of port-out will be forfeited.

8.3 Either of us may cancel this agreement by giving notice to the other and without liability if that other party:

(a) materially fails to comply with the terms of this agreement or any other agreement between us and does not put it right within a reasonable period of a request to do so;

(b) has bankruptcy or insolvency proceedings brought against it, makes an arrangement with its creditors, is declared bankrupt or insolvent or has an insolvency practitioner appointed over its assets; or

(c) all of the Services are no longer available for use for a period longer than seven days. 8.4 In addition, we may cancel this agreement by giving immediate notice to you when: (a) you do not use any chargeable Services or make a Top-Up or pay a Monthly Charge for 90 consecutive days;

(b) any agreement giving us access to the network we use to provide the Services or our authority to provide the Services is suspended or terminated; or

(c) you fail to adhere to our Acceptable Use Policy as set out in clause 5.8.6 If this agreement is cancelled:

IF THINGS GO WRONG

9.1 We are only legally responsible to you:

(a) as set out in this agreement or in accordance with your legal rights;

(b) for your loss or damage which we directly cause.

9.2 You must tell us of any claim against us promptly while we still retain relevant records.

9.3 Our total liability to you is limited to a maximum of £100.

9.4 We exclude all liability to you for loss or damage:

(a) of a type that could not reasonably have been expected by both of us when we entered this agreement, or, any loss caused to any business of yours, loss of income, profit, savings or lost opportunities;

(b) to your equipment, software, data or content unless due to our negligence;

(c) related to third party sites accessed through our service, including their content, any goods and services you obtain from them or viruses.

9.5 Nothing in this agreement limits or removes our liability for our fraud, for death or injury caused by our negligence, or relating to consumer rights that cannot be limited under UK law.

9.6 Any part of this agreement that is not legally effective may be replaced by us with a similar clause that is legally effective. The remainder of the agreement will remain effective. This clause 9 will continue to apply even after the end of this agreement.

9.7 You indemnify us against all loss, including third party claims for compensation, which is caused by your breach of this agreement or your other defaults.

10. EVENTS BEYOND OUR CONTROL

10.1 If we are unable to meet our obligations to you due to events that are out of our reasonable control (such as lightening, flood, exceptionally severe weather and acts or omissions of persons for whom we are not responsible (including other telecommunication service providers, roaming partners or operators of the national mobile number portability system)), we will not be liable for our failure under such circumstances.

11. RETURNS

11.1 If your SIM is defective and you obtained it from us or via any of our registered retailer please get in touch with us (via contact details below) and we will arrange a replacement. This does not affect your legal rights as a consumer which cannot be limited.

12. RESOLVING DISPUTES

12.1 Please contact us promptly if you have a complaint or a query. We will try to work closely with you to resolve any disputes that may arise. We will substantively respond to you, or let you know the date when you can expect a substantive response, within [30] days. However, if we cannot reach a mutually satisfactory resolution, you may refer the dispute to Citizen’s Advice Bureau, Ombudsman, or Ofcom.

14. OUR CONTACTS

14.1 We’ll send you notices by post, text, email or publishing on our website, including by changing our Pricing Guide or this agreement available at www.victormobile.co.uk We may also choose to notify you by recorded message or other means.

14.2 You can contact us on:

Phone:
i). 123 (from Victor Mobile SIM – FREE)
ii). +44 7368 000 123 (from other network or abroad)
App: Send us a message via “Service Request”.
Web: visit the Contact Us section to send inquiry. Email: care@victormobile.co.uk

14.3 This agreement is personal to you. You may not transfer your rights or responsibilities to someone else without our consent. We may transfer our rights and responsibilities without your consent provided the Services and your rights under this agreement are not significantly reduced.

14.4 This agreement does not confer any benefit on any third party under the Contracts (Rights of Third Parties) Act 1999.

14.5 This agreement shall be interpreted under UK law and any court proceedings related to a dispute will only be heard in UK courts.

15. USE AND DISCLOSURE OF INFORMATION

15.1 How we use the data about you is set out in our Privacy Policy available on our website at www.victormobile.co.uk.

15.2 By using our Services you consent to us using the data about you in accordance with our Privacy Policy, including: to provide you with the Services, send you Service information or updates (Service Messages), to profile your usage of the Services, to run credit and fraud checks and instruct debt collection agencies; and including using third parties to process the data about you and sharing with our group companies. We control their use of your data through strict controls contained in a contract.

15.3 We may use the data about you to send you marketing messages. We won’t send you marketing messages if you ask us not to. You can register your marketing preferences in My Account at myaccount@www.victormobile.co.uk; or by contacting us (see clause 14); or by unsubscribing on marketing emails or SMS we send you. We will add your name to a suppression list. You will still receive Service Messages.

15.4 We will not give your details to affiliates and trusted third parties for them to market their products or services. We may use your data ourselves to market relevant third party products or services that we are bundling, and you may withdraw your consent to do so at any point.