General Customer Terms and Conditions for using MoneyPlus Telecoms Limited

These Terms are legally binding so please consider them carefully before placing your order

The Agreement will become binding on the date selected by you whilst you are in the process of placing your order

Definitions

The words below have the meanings described in this Clause section where used throughout this Agreement:

Account: the Account we use to calculate the credits, Charges and Allowances that we have allocated against your SIM Card;

Age Restricted Service:any service for use only by customers 18 or over. Charges: charges for access to, and use of, our service as set out in the Tariff. These charges may cover (without limitation) fixed periodic charges, including your monthly charge (if any), usage charges (for example, charges for Out of Bundle Service or Additional Service), Account administration fees, fees for Connection and re-Connection and any costs incurred in collecting outstanding payments from you;

Agreement:the Agreement between you and us to which these terms and conditions apply (including the Price Plan);

Airtime:means the airtime network services and other ancillary services which we supply to you under the Agreement;

"AIT" or "Artificially Inflated Traffic":where the flow of calls or messages to a particular telecommunications number or service is a result of direct or indirect activity by or on behalf of the operator of said number or service which causes a disproportionate flow of calls than we would otherwise expect from normal commercial practice and your usage of the Services in good faith;

Allowance:means: (i) Where your Price Plan includes an allowance, those Services included within that allowance; and/or (ii) Where we offer you the ability to purchase an allowance as a supplement to your Price Plan, those Services included in that allowance;

Basic Services:mobile call, messaging and/or data Services we provide to you using the Network;

Charges:means the charges you are required to pay under the Agreement in relation to Your Price Plan.

Basic Services:mobile call, messaging and/or data Services we provide to you using the Network;

Device:means the mobile telephone device you use with the SIM Card to access the Services which may include, but is not limited to, a mobile handset, but which term expressly excludes a GSM Gateway;

Disconnection:the procedure by which we stop your access to your service. 'Disconnected' and 'Disconnecting' have corresponding meanings;

GSM Gateway:means any device using one or more SIM Card that is capable of being used for the reselling or routing of communications using the Services and/or the Network which term includes, but is not limited to, SIM boxes;

Messaging Service:any email, fax and voicemail service, text (SMS) and multiTelecoms messaging service (MMS), personal information management and other message or communication facilities which let you communicate with others;

Minimum Period:The minimum period of the Agreement for the supply of the SIM and Airtime is 12 months from the Agreement Start Date. This means that you are legally bound to pay the subscription charges for the SIM and Airtime for a minimum period of 12 months from the Agreement Start Date. Once this initial minimum period ends, we will continue to supply the SIM and Airtime to you until either us or you end the Agreement in accordance with Clause 16.

Network:the telecommunication systems we use to provide the Services;

Network Operator:means any person(s) authorised or permitted to run any part of the Network;

Price Plan:our current Plan(s) available for you to select that are set out in your Tariff as well as any other Plan(s) we may introduce in the future. There is more than one Plan available for you to choose from and if so, you'll be required to select one before you are connected to us. The Plan(s) we offer may be amended or withdrawn from time to time, and can be viewed at www.moneyplustelecoms.com;

Privacy Policy:means our policy in force from time to time setting out how we treat any personal data which we hold about you, and which is available from the Website;

Restricted Services: Premium Services, international service, directory enquiry service, any other service listed in our Tariff under the “special charges” or “other service” Clauses, calls to non-geographic numbers (such as calls to 084, 087), content or applications you may buy and/or any third party service);

Roaming:the ability to use the Service whilst abroad via a foreign mobile network (Note: some Services may not be available when you are Roaming and we recommend that you contact us to find out which Services you can access when Roaming);

Service(s):the Basic Services

SIM Card:means the subscriber identity module card we provide to you, which remains our, or a Network Operator's property, which you must use in conjunction with a Device to receive the Services;

'we', 'us' or 'our':means MoneyPlus Telecoms Limited;

Website:means the site www.moneyplustelecoms.com; and

'you' or 'your':means you the customer.

Your Price Plan: The Price Plan that you choose.

1. Your Agreement and Your Price Plan

1.1

Your Agreement comprises these Terms and Conditions and Your Price Plan.

1.2

Orders can be placed for for your preferred Price Plan on the Website. Following receipt of an order we will send you an e-mail setting out Your Price Plan that you have selected. Please check this email to ensure it accurately reflects the Price Plan you have selected. The e-mail that you receive at this stage 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 before we formally accept it.

1.3

Formal acceptance of your order will occur when we send you an e-mail confirming our acceptance. This formal acceptance will confirm the date 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”).

1.4

We will inform you by e-mail 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:

  1. The Airtime is unavailable; or
  2. You have already breached another agreement with us in the past
1.5

Our orders team may contact you for additional information where necessary. If you fail to provide this additional information we may be unable to accept the order.

1.6

Once we have formally accepted your order we will open an Account for you and provide you with a SIM and a phone number (we may agree to provide you with additional SIMs and phone numbers on request).

1.7

SIMs remain our property at all times and you are being allowed to use the SIM by us on a limited licence to enable you to access our service, in accordance with the terms of this Agreement. We may recall the SIM(s) at any time for upgrades, modifications, misuse or when your Agreement ends. You can only use the SIM to obtain the Services from us

1.8

Unless we give you express written permission, you cannot pass your rights or responsibilities under this Agreement to anyone else. These obligations extend to situations where we give you more than one Sim or you give your Device to others. It is your responsibility to make sure the SIMs are only used to access our Services, as permitted in this Agreement.

1.9

This Agreement does not cover:

  1. Products or Services you buy while using our Services; or
  2. The supply of your Device and manufacturers that are not related to us.
1.10

All Services, including any related offers and promotions, may be subject to specific additional terms and conditions as advertised on the Website. You should check the Website regularly as these terms and conditions are updated from time to time.

1.11

If you are a phone customer, you can move your existing number to us with a Porting Authorisation Code (PAC). Once we’ve verified these details, we’ll tell you the date when your number will be moved. If the move is delayed and is our fault, you may be entitled to compensation in the form of a one-off reimbursement of a portion of your Charges.

2. Sim and Airtime

2.1

We will dispatch the 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 two-three Business Days for the SIM to be delivered to you. Please 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.

2.2

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 17 below.

3. Subscription Charges

3.1

The Charges for the SIM and Airtime are explained within the email which formally accepts your order. The Charges be paid by way of debit or credit card and payable by you monthly in advance. The first payment of these Charges shall be paid to us on the Agreement Start Date. By placing the order, you have authorised us to remit payment of these Charges (in addition to all other amounts due to us under the Agreement) from the debit or credit card you provided during your order (or such other debit or credit card you notify to us from time to time) by way of continuing payment authority.

3.2

Charges for the SIM and Airtime for the duration of the Agreement are still payable during any periods where:

  1. You have lost or damaged your SIM and before a replacement has arrived; and
  2. Our network is temporarily unavailable.
  3. You will be required to pay additional charges for any calls, texts or data used which is outside of your SIM and Airtime package. These additional charges are set out on the Website and are inclusive of all taxes.
3.3

Your Airtime credit can be used for any mixture of minutes, texts and data, please contact our customer services team for more details as to how Your Airtime credit is calculated and used.

3.4

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.

3.5

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.

3.6

To protect you from high bills can impose a maximum limit on your account. Please see Clause 21 for more details. The amount remaining on your account can be confirmed by checking your account on the Website or by contacting our customer services team. If you have reached your account limit you can contact our customer services team to request an upgrade to a larger Price Plan which offers more data (if you are on a Managed Service Plan).

3.7

You may request to change Your SIM and Airtime package by contacting our customer services team. Please note that you cannot lower your monthly subscription charges for the SIM and Airtime package within the Minimum Period. If we agree to change Your Price Plan, such change will take place on your next payment date (unless we agree otherwise).

4. Payment

4.1

We will provide you with access to your online bill periodically through the customer portal on the Website. Bills are usually issued by us on a monthly basis but we may from time to time change this frequency by giving you at least one month's notice in writing.

4.2

Unless we agree to communicate with you in a different way, we will email you to let you know your bill is ready. Please contact us if you wish to receive paper bills. In such circumstances there may be additional charges for paper bills and we will notify these to you before you confirm whether or not you wish to change from electronic billing.

4.3

Your bill will set out the Charges that you need to pay for the bill period and will include a breakdown of all calls, texts and data used and the applicable Charges. The Charges will be shown as including VAT.

4.4

We will attempt to collect the Charges due from you using the continuing payment authority on a monthly basis on the same calendar days starting on the Agreement Start Date.

4.5

If you have insufficient funds to make any payment of the 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.

4.6

If any payment date falls on a day which is not a Business day, we will use the continuing payment authority to attempt to the collect the relevant Charges from you on the following Business Day.

4.7

If you fail to make a payment on the relevant due date for payment, we may charge you £0.50 per day for your SIM and Airtime subscription charges until the overdue amounts are paid and your account is up to date.

4.8

We reserve the right to charge you an amount equal to the fee charged to us by your bank or Credit Card Company if you instruct them to initiate any claw back of any payment made to us.

4.9

If we fail to collect any 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 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.

4.10

Your account with us will be deemed to be in default on the latest of:

  1. Any Charges due to us outstanding for 30 days after the original payment date;
  2. You fail to pay any Charges due to us in accordance with any good faith debt repayment programme; or
  3. If we have agreed any alternative payment structures with you under Clause 4.9, you fail to pay any Charges due to us in accordance with that alternative payment structure.
4.11

Once your account is in default:

  1. The following amounts shall become automatically due and payable:
  2. The total Charges for your subscription of the SIM and Airtime which would have been payable had the Agreement continued for its full initial duration; and
  3. Any other amounts to be paid by you u nder 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, and paper billing charges.
  4. 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);
  5. We may:
  6. Disable the SIM and suspend the provision of the Airtime to you;
  7. Terminate the Agreement; and/or
  8. Issue court proceedings against you for any Charges or other amounts outstanding to us. 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).

5. Services

5.1

Once you’re connected to MoneyPlus Telecoms:

  1. We will provide you with access to our Services.
  2. You can make free calls to emergency Services from your phone by calling 999 or 112.
  3. When you’re outside of our coverage area in the UK, your phone will try to locate another mobile network so that you can try to contact the emergency Services.
  4. Calls to Emergency Services must be made via ordinary voice calls.
  5. When you are outside of our coverage area in the UK, your phone will try to locate another mobile network so that you can try to contact the emergency Services.
  6. If you have difficulties hearing or are speech impaired and you need emergency assistance, you can send a text message with details of your location to 999 or 112 - the text will be converted and passed to the appropriate emergency service but you’ll need to register your phone before you can use this service - details on how to do this are available at emergencvsms.org.uk.
5.2

You grant us an irrevocable, royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any content you upload. All content will be dealt with in line with our Privacy Policy which can be found at the Website.

5.3

Our Services are only available within our coverage area in the UK. Within the UK, there may be areas where you do not have access to all of our Services. Further information in relation to coverage can be found on the website.

5.4

Situations may arise when our Services are not continuously available or the quality is affected, so we cannot guarantee continuous fault-free service. Such situations include but are not limited to:

  1. If you move outside our service area while you’re on a call (in this case calls may not be maintained);
  2. When we need to perform upgrading, maintenance or other work on our network;
  3. When you are in areas not covered by our network. In this case our Services rely on other operators’ networks where we have no control; and
  4. Issues regarding the functionality of your Device, regulatory requirements, lack of capacity, interruptions to service from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.

6. Your Obligations

6.1

The SIM remains our property and you must ensure that you keep the SIM safe and secure while it’s in your possession and you must ensure that you’re able to return it to us, if required.

6.2

You must keep all PINs and passwords secure and confidential.

6.3

You should immediately change your PIN or password if you become aware, or suspect that, that someone is accessing, or may access, Service on your Account without your permission.

6.4

You must pay the Charges and comply with all other obligations under the Agreement.

7. Responsible Use:

7.1

You may only use the Services:

  1. As laid out in this Agreement; and
  2. For your own personal use. This means you must not resell or commercially exploit any of our Services or content.
7.2

You, or anyone else must not use our Services, for any illegal or improper uses. Including but not limited to:

  1. To publish, modify or copy our Services except where we give you express written permission;
  2. For fraudulent, criminal or other illegal activity;
  3. In any way which breaches another person’s rights, including copyright or other intellectual property rights;
  4. To download, send or upload content of an excessive size, quantity or frequency.
  5. In any way which breaches any security or other safeguards or in any other way which harms or interferes with our network, the networks or systems of others or our Services; or
  6. To use or provide to others any directory or details about our customers.
7.3

You will notify us of any legal proceedings (or threat of any legal proceedings) against you relation to the use of our Services. In this situation you will refrain from continuing the act that is complained of, and let us have details of the claim/potential claim in writing.

7.4

You must co-operate with us and follow our reasonable instructions to ensure the proper use and security of your Account.

7.5

You will not exploit the Services commercially or to our detriment. Enterprises affiliated with a Customer are also considered third parties within the meaning of this Clause. For the avoidance of any doubt this includes use of the Products and/or Services for the purposes of fraud, AIT or the operation of a GSM Gateway

7.6

Without prejudice to any other provisions of the Agreement, we reserve the right to:

  1. issue such reasonable instructions concerning the use of the Services as may be necessary in the interests of safety, quality of Services, other customers or telecommunications Services as a whole, or for any other reason we deem sufficient; and/or
  2. block certain numbers from the Services, International Roaming; and/or disconnect the Services and Products on a temporary or permanent basis where there are reasonable grounds to suspect fraudulent, AIT or GSM Gateway activity or where we would suffer direct loss as a result of any use of the Services.
7.7

We may publish a further acceptable use policy which will provide more details about the rules for use of certain of our Services in order to ensure that and we will inform you if that occurs.

8. Restricted Service

8.1

You will not have access to the Restricted Services in any Price Plan.

9. Age Restricted Service

9.1

You must disclose your date of birth to us when you open your Account. You acknowledge that certain features of the Services will be unavailable to you if you are under 18 years of age. You must not allow anyone to access age restricted content who is under that relevant age nor may you forward, or permit or allow anyone to forward, any age restricted content to anyone under the relevant age for such content.

10. How you use the Messaging Service

10.1

While using the Messaging Service, you must not send or upload:

  1. uninvited bulk or commercial communications or other unauthorised communications, or knowingly send any viruses;
  2. anything that is copyright protected, unless you have permission; or
  3. anything that is obscene, offensive, defamatory, harassing, abusive, threatening or is unlawful in any other way.
10.2

If you use the Messaging Service in a manner that we deem contrary to normal consumer activities unacceptable, we reserve the right to stop your Messaging Service without notice. You may still be charged for any content which is blocked or removed.

11. Website

11.1

You can view the Price Plans that we offer on the Website. If you have any questions regarding our Price Plans please contact a member of our customer services team who will be happy to assist you.

11.2

Please note that:

  1. 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;
  2. 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. 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.

12. Variations

12.1

We may propose significant changes to the Agreement (including alterations to Your Price Plan) 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 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 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 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 Agreement shall continue on that basis.

12.2

We may make minor changes to the Agreement to:

  1. Comply with safety, regulatory, statutory and other requirements. We will try to ensure that this does not materially affect the scope of the Services.
  2. Ensure that all of our customers are on the same contract;
  3. To implement minor technical adjustments and improvements including, for example, to address a security threat; or
  4. Additional goods or services; and in such circumstances you will not be able to end the Agreement because of these minor changes provided that they do not significantly impact the supply of the SIM and/or Airtime to you to your detriment.
12.3

The Charge for your Price Plan may increase with your bill each year. Any increase will be in line with the Retail Price Index (RPI) rate of inflation at the time. We use the RPI rate announced in April to adjust your bill. A price adjustment under this Clause 12.3 does not constitute a significant variation for the purposes of Clause 12.1

13. Intellectual Property

13.1

The ‘MoneyPlus Telecoms’ branding including all related images, logos and names used as part of our Services are proprietary marks of MoneyPlus Telecoms. We reserve all our rights, and all rights, including copyright in our service and their content, belong to us, or our licensed source, such as a content provider.

14. Complaints

14.1

If you are concerned or unhappy about any aspect of our Services, you should contact us

14.2

We will investigate any complaint in accordance with our Customer Complaints Policy. A copy of our customer complaints policy can be viewed on the Website.

14.3

If we are unable to resolve your complaint, you may, depending on the nature of your complaint, be entitled to ask Ombudsman Service: Communications to consider your complaint for you. Their website address is https://www.ombudsman-services.org/sectors/communications.

14.4

Alternatively, if your complaint is about a purchase you made online and we have been unable to resolve your concerns through our complaints process, you can submit your complaint through the European Commission’s online dispute resolution platform, which can be found at the following website address: http://ec.europa.eu/consumers/odr/.

14.5

See our Privacy Policy for information about data protection and privacy complaints.

15. Suspension

15.1

We may suspend any or all of our Services you use without notice if:

  1. If we are entitled to terminate this Agreement due to your failure to comply with this Agreement but elect to provide you with an opportunity to remedy such failure;
  2. In circumstances where we observe unusual use of your Account or one or more Service (e.g. abnormally high usage patterns);
  3. We reasonably believe that you have used our Services, the SIM(s) or a MoneyPlus Telecoms mobile phone number for illegal or improper purposes in contravention of our responsible use requirements set out above;
  4. We receive a serious complaint against you which we believe to be genuine (for example, if we receive a complaint that you’re using our Services in any of the ways prohibited under this Agreement
  5. We reasonably believe you have provided us with false or misleading details about yourself
  6. Where you are suspected of involvement in fraud, operating a GSM Gateway; to generate AIT; or gross negligence;
  7. If we are required to do so by the Government, an emergency service organisation or any other competent body or lawful authority;
  8. For repairs or maintenance, or for operational or security reasons.
  9. If you advise us that your SIM Card has been stolen/lost/damaged or destroyed;
  10. If your SIM Card is interfering with the normal operation of the Network; or
  11. If your Account is in arrears.
15.2

If we suspend any or all of your Services, you’ll still be able to make emergency calls (unless they’ve been suspended at the request of the emergency Services).

15.3

If your service is suspended, we may agree to re-connect you if you ask us to do so and there may be a re-connection charge for this.

16. Ending this Agreement

16.1

We may terminate the Agreement immediately if:

  1. You break an important term or condition of the Agreement which we do not think you are able to rectify, including, but not limited to, an important term or condition of our responsible use requirements or we have the right to suspend your Services under Clause 12 of this Agreement;
  2. You break any other term or condition of the Agreement, including, but not limited to, an important term or condition of our responsible use requirements, and do not put it right within 7 days of being asked to do so;
  3. You fail any credit or fraud prevention check we run, or where we have good reason to suspect fraud or money laundering connected with your Account;
  4. We have good reason for believing that any information you have given us is false or misleading;
  5. You are the subject of any bankruptcy or insolvency proceedings;
  6. An Agreement with a Network Operator is terminated and this prevents us from supplying the Services, or if despite our reasonable efforts, the Network is no longer available to us;
  7. If you do not make at least one chargeable call or send one chargeable SMS every six months then your Account may automatically be closed and your SIM Card deactivated and you will not be entitled to a refund of any unused credit; or
  8. We cease providing the Services generally.
16.2

Where this Agreement is terminated pursuant to this Clause 16.1, you continue to be responsible for all charges incurred until we stop providing you with the Services.

16.3

You may end this Agreement:

  1. Within the cooling-off period if you change your mind in accordance with Clause 17;
  2. If we have notified you about an upcoming change to or these Terms which you do not agree to in accordance with Clause 12;
  3. If we have notified you of the likelihood of a significant delay or failure by us to comply with our obligations under the Agreement which is caused by circumstances outside of our reasonable control in accordance with Clause 16.1;
  4. If we have otherwise materially breached the terms of the Agreement; or
  5. On 30 days' written notice, with such notice to expire at any time on or after the end of the initial Minimum Period.
16.4

Without affecting your rights under Clause 16, and subject to Clause 17.1 & 17.3, you may terminate the Agreement at any time on 30 days' written notice to us provided that, if this notice expires within the Minimum Period, you pay an amount equal to the total Charges would you have paid had the Agreement continued for the duration of the Minimum Period in relation to your Price Plan along with any other charges which would be due under the Agreement. This Clause effectively gives you the option to buy your way out of the Agreement.

16.4

Should you wish to terminate the Agreement in accordance with this Clause you can do so by contacting our Customer Services team as set out in our separate Cancellation Policy that can be found on our Website. We will accept your valid termination of the 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 Cancellation Form set out within the Cancellation Policy.

17. Cooling Off Period

17.1

You are entitled to cancel this 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 Agreement Start Date.

17.2

When you make your order, you are deemed to have expressly requested us to begin the supply of the SIM and Airtime during the cooling off period set out in Clause 17.1 in accordance with Regulation 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Therefore, if you wish to terminate the Agreement during the cooling off period in accordance with Clause 17.1, you will be responsible to pay us for any Charges for Airtime incurred between the Agreement Start Date and the date on which the Agreement is terminated.

17.3

If you exercise your right to cancel the Agreement in the cooling off period after we have begun the supply of the SIM and Airtime during the cooling off period in response to a request from you, then you shall be responsible for the subscription charges for the SIM and Airtime incurred during the cooling off period until we received notice of your cancellation of the Agreement.

17.4

Should you wish to terminate the Agreement in accordance with these Terms you can do so by contacting our Customer Services team as set out in our separate Cancellation Policy that can be found on our Website. We will accept your valid termination of the 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 Cancellation Form set out within the Cancellation Policy.

18. Liability

18.1

We will not be liable for loss of profits or revenue, loss of use, lost business or missed opportunities, or for any loss or damage that is indirect and/ or was not reasonably foreseeable at the time these terms and conditions were entered into. We are only responsible for direct losses as a result of us breaching these terms and conditions. Our liability to you in relation to these terms and conditions is limited to £250.

18.2

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. This includes but is not limited to: network failure; services suspension dictated by the network provider in order to carry out repairs, maintenance or updating; where required by law; or in order to protect you against any possible harm.

18.3

If you are a consumer, these terms and conditions shall not be affected by any rights which you may have under any law and which cannot be excluded by agreement.

18.4

If you are a consumer, these terms and conditions shall not be affected by any rights which you may have under any law and which cannot be excluded by agreement.

19. Areas that we are not responsible for

19.1

We will not be responsible for any harm you suffer from any virus that gains access to your equipment, whether transmitted via the Services or otherwise. It is your responsibility to protect your equipment with suitable anti-virus software.

19.2

Subject to these terms, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error free nature, compatibility, security or fitness for purpose of our Services or their content. They are provided to you on an ‘as is’ basis.

19.3

We will not be liable for any loss you may incur as a result of someone using your PINs or passwords, with, or without, your knowledge.

19.4

If you use our Services:

  1. to upload, email or transmit content using our Services; then
  2. we do not make any warranty as to the accuracy, completeness, reliability or continuous supply of the content or information contained on any third party sites or resources accessed via the Services.
19.5

This Clause 19 will apply even after this Agreement has ended.

20. Privacy Notice and Your Information

20.1

Whenever you provide us with personal information about yourself you agree and confirm that it will be true, correct and complete. You agree to inform us as soon as this information changes.

20.2

If you provide us with information about another individual you must have their Agreement to do so or be acting with legal authority.

20.3

All personal data is processed in accordance with applicable data protection laws. For a full version of our Privacy Policy, please see our Privacy Policy which is contained on the Website.

20.4

We will collect your personal information in order to be able to provide you with our products and services.

20.5

We will collect and process customer data and other type data for the purpose of content design, modification or termination of a contractual relationship with you

20.6

If we reasonably believe that you have supplied us with false or inaccurate information, or if we suspect fraud, we may delay your Connection or suspend your access to our Services until an investigation has been completed to our satisfaction.

21. Data Cap

21.1

If you chose a Price Plan that allows you to cap your chargeable usage with a safety buffer, we’ll cap your usage, over and above your Inclusive Allowance, at the level you have set or the default for your particular Price Plan (inside the guidance set out below).

21.2

The option to cap Your Price Plan is included during the initial order process on the Website

21.3

The minimum cap available is £0.00. If you chose not to cap your Price Plan with a safety buffer, we’ll automatically impose a maximum limit on your Account if your chargeable usage is equal to the values shown in this table.

Price Plan

£15.00 and below

Above £15.00 and up to £25

Above £25

Maximum default cap

£50.00

£100.00

£150.00

21.4

Increasing the default Account limit is at our discretion.

21.5

Your safety buffer, whether imposed by you or us, will apply both in the UK and abroad. If you reach your safety buffer and have also used all of your monthly Inclusive Allowance minutes, texts or data, you will only be able to receive calls (in the UK, but not abroad) and texts (anywhere in the world), until you either increase your cap via your online Account, or make a top-up or payment to adjust your spend.

21.6

Where you cap Your Price Plan, there are some specific circumstances where you may receive a bill which is above your normal cap. These are usually one-off anomalies due to the timing of specific usage, changes to your Account or Price Plan changes around the time of our billing cycle. These are normal, and should be corrected in your next bill. Examples of these circumstances include: purchasing an additional Services mid-month; phone unlocking, or making additional calls, texts or data usage beyond your allowances during the billing process. Alternatively, your Account may have other subscriptions on it that are not capped.

22. Notices

22.1

Our website is a source of information that you may find useful when using our service - it’s the most up to date source of information about us and our Services. You may find it useful to refer to when using our Services.

22.2

If we need to send any notices under this Agreement to you, we’ll do this by communicating them to you via phone, text message, electronic messaging, email, or mail.

23. General

23.1

You confirm that you have full contractual capacity to agree to the Agreement and are able to pay the Charges.

23.2

This Agreement and the supply of the Products and Services is governed by the laws of England and Wales, and the English courts have exclusive jurisdiction in respect of any dispute arising out of the Agreement, unless we require a court order or injunction against you in another jurisdiction.

23.3

No term of this Agreement is enforceable by any third party who is not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999.

23.4

Should any provision or provisions of the Agreement be found to be or become invalid, illegal or unenforceable this shall not affect or impair the validity, legality or enforceability of any other provision of the Agreement provided that this does not materially prejudice our respective rights and obligations under the Agreement.

23.5

We may assign or transfer some or all of our rights and obligations under your Agreement to a party who agrees to continue complying with our obligations under this Agreement (so far as such obligations are relevant to the assigned or transferred rights), provided that your rights under the Agreement or any guarantees given by us to you’re not affected. No other person (other than our assignee(s), if any) may benefit from this Agreement.

23.6

Our registered company number is 08251036 (England and Wales) and our registered office is at Riverside, New Bailey Street, Manchester, M3 5FS.

23.7

Our telephone number is 0161 509 4777.

23.8

Our customer support e-mail address is support@moneyplustelecoms.com