Terms and Conditions

The legal terms you need to know about your pay monthly communications service.

The full terms of your pay monthly Agreement

This Agreement is made up of three different sections:

• Services – covers the services we provide you with
• General – relates to the service
• Plan Price Guide and Non Standard Price Guide – together set out the charges

1. Definitions

When we use these words in any of the sections they have the following meanings:

• Account – together your Monthly Account and any Pay As You Go Account you may have with us.
• Additional Commitment Service – an Additional Service where you agree to pay a monthly charge for a minimum period.
• Agreement – made up of (1) Services section; (2) General section; (3) Plan Price Guide and Non Standard Price Guide.
• Allowance – amount/type of services made up of Units included in your Price Plan, Additional Service, or Additional Commitment Service.
• Cancellation Charge – remaining Monthly Charges for the Minimum Term (daily rate), discounted by any prepaid/entitled discounts (see website).
• Charge – Price Plan Charge plus any Additional Service/Commitment charges and other charges (e.g., handling, cancellation).
• Disconnect / Disconnection – us stopping your access to the services.
• GSM Gateway – device using one or more SIM Cards to route calls between fixed line and mobile network.
• Minimum Term – minimum time you have promised to pay the monthly charge.
• Monthly Account – the account billed each month.
• Monthly Charge – amount you pay each month in advance for your Price Plan Services.
• Network – communications infrastructure used to provide the Services (now or future systems).
• OFCOM – Office of Communications that regulates the telecoms industry, including us.
• PAC – Porting Authorisation Code to migrate your number to another provider.
• Payment Terms – how we manage your account and charges, including any credit limit.
• Roaming – your SIM Card connecting to a non-UK network.
• SIM Card – the card(s) provided under this Agreement used with equipment to get services.
• Suspend / Suspension – us temporarily stopping your access to the Services.
• UK – United Kingdom of Great Britain and Northern Ireland.
• Unit – voice, text, or data unit (voice: minutes, text: messages, data: kilobytes).
• VAT – value added tax at the prevailing rate.

A – Services

This section applies to the Services we provide you with.

2. Minimum Term

• 2.1 This Agreement starts when we accept your request for Services. If a credit check is required, it won’t start until you pass. We may use provided information to assess credit. We will open an account in your name and apply charges to it.
• 2.2 If we reject your request but you incur charges, we can recover those charges from you.
• 2.3 We will connect you to the service as soon as we can.
• 2.4 At the end of the Minimum Term, this Agreement continues until terminated under point 6 or 8.
• 2.5 If renewing or upgrading, the following terms apply:
• 2.5.1 Unless agreed otherwise, a new minimum term will apply. After it ends, the Agreement continues until terminated under point 6 or 8.
• 2.5.2 Your new minimum term starts from the date we process your upgrade or renewal.
• 2.6 We don’t have to provide a renewal or upgrade.
• 2.7 We don’t have to allow a Price Plan change. We may allow changes after the Minimum Term. We may move you to an equivalent or lower plan at any time, as an alternative to suspending/disconnecting under 6.1 or 6.2.
• 2.8 Additional SIM Cards may be added to the same account. Each SIM may have a separate minimum term and agreement, so terms may not start/end at the same time.

3. SIM Cards

• 3.1.1 If a SIM is lost, stolen, or damaged, call customer services for a replacement. A replacement charge of £18.00 applies.
• 3.1.2 We own the SIM Card and license you to use the phone number associated with it. You can only use the SIM Card to use the Services.
• 3.1.3 We can change a SIM’s phone number if we have a good reason (e.g., legal or required by OFCOM). We will endeavour to give 30 days written notice where possible.
• 3.1.4 We reserve the right to recall any SIM Card at any time to enhance or maintain Service quality.

4. Our Service Network and access to Services

• 4.1 Our Network uses different technologies. Services depend on being in range of the relevant base stations (e.g., 3G/4G).
• 4.2 You can contact emergency services for free by calling 999 or 112.
• 4.3 We use reasonable skill and care, but Services may be unavailable or affected by:
• 4.3.1 Weather or faults in other networks.
• 4.3.2 Network usage levels or required maintenance.
• 4.3.3 Your location (e.g., indoors, wall thickness, etc.).
• 4.3.4 The country you use Services in (roaming limitations).
• 4.4 If there is disruption, call us and we will investigate and take steps to resolve it.
• 4.5 We may pro-rate monthly/recurring charges (up to 100%) during reported severe disruptions where:
• 4.5.1 The disruption impacts services you most frequently use.
• 4.5.2 The impact is severe based on usage history and diagnostics.
• 4.5.3 No alternative mode of access is available.
• 4.6 We may manage network usage (traffic management controls) to protect the Network for all customers.

Use of Services (things you cannot do)

• 4.7 Services are provided only if you comply with these fundamental conditions:
• 4.7.1 Do not use for anything unlawful, immoral, or improper (e.g., calling/texting more than 300 numbers per month may be considered improper).
• 4.7.2 Do not make offensive or nuisance communications, or reverse charge calls.
• 4.7.3 Use only equipment authorised for the Network and follow all laws/rules.
• 4.7.4 Do not send/receive/upload/download unlawful, offensive, indecent, defamatory, menacing, nuisance, privacy-breaching, or IP-infringing material.
• 4.7.5 Do not access/use content in a way that infringes others’ rights.
• 4.7.6 Follow acceptable use policies and relevant internet standards.
• 4.7.7 Provide information we reasonably request.
• 4.7.8 Follow reasonable instructions we give you.
• 4.7.9 Comply with any fair usage policy and remedy breaches as instructed.
• 4.7.10 Without prior written consent, you must not operate a GSM gateway (“SIM Box”).
• 4.7.11 You must not operate any device to route or re-route services, including:
• 4.7.11.1 Devices used to forward/divert services to reduce call charges.
• 4.7.11.2 Illegal repeaters used without our express prior written consent.
• 4.7.12 Do not use Services for fraud or unlawful purposes, or for direct financial gain/revenue share/benefit in kind.
• 4.7.13 Do not sell or provide commercial services using our network without written consent.
• 4.7.14 Do not damage the Network or abuse/threaten our staff.
• 4.7.15 Information you provide must be true at the time given.
• 4.7.16 Pay any deposit or additional deposit we request.
• 4.7.17 Set up an online billing account if required.
• 4.7.18 Do not access Age Restricted Services unless you are old enough; do not share restricted content with underage persons.
• 4.8 By using Services, you consent to us copying/modifying images or information for transmission (including via apps/platforms).

Services near a border/outside UK

• 4.9 Before using your device near a border or outside the UK, you must request consent from us as devices may automatically bar if outside our system.
• 4.9.1 Near borders, you may connect to a roaming partner network and be charged as roaming, and calls may not come from allowances (unless stated).
• 4.10 Calls to UK mobile numbers exclude Isle of Man and Channel Islands, and some networks may be excluded (see Non Standard Price Guide).
• 4.11 We use reasonable efforts to enable roaming but cannot guarantee quality/coverage of other networks. Roaming charges are in the Non Standard Price Guide.
• 4.12 We allocate a phone number licensed by OFCOM. You may transfer a number to/from our Network; we are not liable for delays in number transfers.

5. What about how you pay

Information about Charges

• 5.1 Charges are set out in the Plan Price Guide and Non Standard Price Guide, updated from time to time (see website or call customer services).
• 5.2 All charges on our order form are inclusive of VAT.
• 5.3 We may set/change credit limits and suspend services if exceeded. Some charges (e.g., international/roaming) may post late and exceed limits before suspension.

Contract Account

• 5.4.1 We will provide your bill monthly via post or electronic means. You must pay by the due date whether or not allowance is used. Unused allowance expires at billing. Some services may be charged in arrears or advance (see Non Standard Price Guide).
• 5.4.2 Postal bills are sent to your registered address (or updated address you provide).
• 5.4.3 Electronic bills are sent via email.
• 5.4.4 Late payment charges may apply. Accounts may suspend automatically if invoice is one day past due.
• 5.4.5 Additional charges may apply (see Non Standard Price Guide), e.g., payment handling or reconnection charges.
• 5.4.6 Any discount ends at the earliest of:
• 5.4.6.1 Discount period ends (e.g., first 6 months).
• 5.4.6.2 Minimum Term ends.
• 5.4.6.3 Renewal or upgrade is provided.
• 5.4.6.4 You terminate either this Agreement or another linked agreement (e.g., broadband or additional SIM).

Charges Generally

• 5.5 You are responsible for all charges except those applied after you report:
• 5.5.1 SIM Card lost or stolen (see 3.1.1).
• 5.5.2 Unauthorised third-party use (see 9.5).
• 5.6 We can change Payment Terms for a good reason (e.g., late payment).
• 5.7 We may require a deposit as security for charges. Deposits are returned after all amounts owed are paid. No interest is paid. We may use deposits to cover amounts owed (subject to dispute process).
• 5.8 Usage charges may be processed later and applied against allowance(s) at the processing date, possibly the next allowance period.
• 5.8 Charges for certain numbers (e.g., premium/non-geographic) are set out in the Non Standard Price Guide.
• 5.9 We may use credit reference agencies for identity verification, credit decisions, and fraud protection.
• 5.10 You may buy goods/services from third parties via your account. We are not responsible for loss or damage arising from your contract with third parties.
• 5.11 If SIM/equipment is lost, stolen, or damaged, you are responsible for charges until you inform us.
• 5.12 By entering this Agreement you authorise end users on your account to incur charges without prior permission (see price guides).

6. When we may Suspend, Disconnect or terminate the service

• 6.1 We may suspend Services without warning if:
• 6.1.1 The Network breaks down or needs maintenance.
• 6.1.2 Your credit limit is exceeded (see 5.3).
• 6.1.3 We reasonably believe there is fraudulent use of a payment card.
• 6.1.4 Your invoice is one day past due.
• 6.2 We may suspend/disconnect and/or terminate without warning if:
• 6.2.1 You breach this agreement or any other agreement with us or group companies.
• 6.2.2 You fail to comply with points in 4.7.
• 6.2.3 Insolvency/bankruptcy or similar events occur or are likely to occur.
• 6.2.4 Our licence to run the network ends.
• 6.2.5 We reasonably suspect fraudulent use of the network/services.
• 6.2.6 We identify calling patterns disproportionate to good faith usage.
• 6.3 If terminated under 6.1 (except 6.2.4), you must pay everything owed, including cancellation charges where applicable.
• 6.4 You are liable for charges during suspension/disconnection unless we decide otherwise.
• 6.5 We may charge to reconnect services (except where 6.1.1 applies). We may change payment terms and require a credit check if suspended/disconnected for more than 14 days.

7. Changing Charges and Services

• 7.1 We can lower any charge at any time without notice (we will try to notify you).
• 7.2 We can suspend/change/increase/withdraw additional services with reasonable written notice.
• 7.3 We can suspend/change/withdraw your price plan/services with 30 days written notice.
• 7.4 Annual price increase may apply based on Retail Price Index (RPI) published by the Office for National Statistics (effective March; uses January RPI; no increase if negative).
• 7.5 We can increase charges due to new legislation/regulation/taxation required by law.

8. Your termination rights

• 8.1 You can terminate by calling customer services and giving 30 days’ notice at any time.
• 8.1.1 If within the Minimum Term (except 8.4), you must pay a cancellation charge and any applicable additional commitment cancellation charges (discounts may apply).
• 8.1.2 After the Minimum Term ends, you may terminate without a cancellation charge, but you pay charges during the notice period.
• 8.2 Termination procedures:
• 8.2.1 Without PAC: Agreement ends at the end of the 30 days notice period (you can withdraw notice during the period).
• 8.2.2 With PAC: PAC lasts 39 days; Agreement ends once PAC is used. If not used, Agreement continues until terminated under 8.2.1.
• 8.3 You are responsible for all charges up to termination. If termination occurs before notice expiry, a charge may apply (see Non Standard Price Guide).
• 8.4 Cancellation charges do not apply within the Minimum Term where specific circumstances apply (e.g., network licence ends; permanent disruption with 100% reduction; material detriment change; RPI-related increase above allowed, with immediate cancellation before change takes effect).
• 8.5 If 8.4 applies, cancellation charges do not apply.

9. Internet Access

• 9.1 This section applies if you have equipment enabling internet access.
• 9.2 We may change/suspend/withdraw/increase content without warning; the nature/price will be clear before purchase.
• 9.3 Third-party websites/content are their responsibility; we do not guarantee accuracy or availability.
• 9.4 You are responsible for anything transmitted via internet access; acceptable/fair use policies apply.
• 9.5 Secure internet access depends on equipment and third parties; you are responsible for unauthorised use charges resulting from security breaches.
• 9.6 This section applies even after termination.

B – General

10. Changes to Our Agreement

• 10.1 If you are a consumer and changes are not materially detrimental (or you are not a consumer), we give 30 days written notice; terms apply after notice ends.
• 10.2 If materially detrimental to a consumer, 30 days notice is given; you may terminate within notice period without cancellation charge (see 8.1).
• 10.3 We can change terms due to law/OFCOM/regulators and endeavour to give 30 days notice where possible.

11. Our Liability to you

• 11.1 We are only liable as set out in this Agreement.
• 11.2 Nothing limits liability for death/personal injury caused by us, or fraudulent misrepresentation.
• 11.4 Except 11.1 and 11.2, total liability is limited to £10,000 for all incidents under this Agreement.
• 11.5 If you are not a consumer, we are not liable for unforeseeable loss (income, business, profits, property, etc.).
• 11.6 If you are a consumer, we are not liable for loss of income/business/profits or unforeseeable loss/damage.
• 11.7 You must tell us about any claim as soon as reasonably possible.
• 11.8 We are not liable if we cannot provide services due to circumstances beyond our control.
• 11.9 We are not responsible for harm from viruses infiltrating equipment; you remain responsible for charges arising from such use.
• 11.10 We are not responsible for harm from unauthorised third-party use; you remain responsible for charges (subject to 5.5).
• 11.11 This section applies even after termination.

12. General

• 12.1 You need our prior consent to transfer your rights/responsibilities. We may transfer ours if service level is not reduced.
• 12.2 We may monitor/record conversations for authentication, security, quality, and training.
• 12.3 We may send notices to your postal address, online account, email, or SIM/equipment, and may send over-the-air updates.
• 12.4 You must inform customer services of any address/email changes. Bills/notices sent to last provided details remain payable.
• 12.5 We aren’t responsible for messages not received due to equipment being off or not connected.
• 12.6 Notices from you must be sent to our registered address (see website). Current: Vivid Telecom, Unit 2477 Chynoweth House, Trevisomme Park, Truro, Cornwall, TR4 8UN.
• 12.7 Any concession or extra time applies only to those specific circumstances.
• 12.8 This Agreement confers no benefit on third parties under the Contracts (Rights of Third Parties) Act 1999.
• 12.9 English law applies. Disputes may be settled in courts of UK jurisdictions as applicable, or via Ombudsman Services dispute resolution.
• 12.10 Finance referral complaints may be referred to the Financial Ombudsman Service if unresolved.

13. Your Information

• 13.1 You confirm information provided is true, accurate, and complete, and you will update us immediately if it changes.
• 13.2 We use personal details per this Agreement and our Privacy Policy (incorporated by reference).
• 13.3 We use personal information for services, administration, billing, messaging, marketing, analytics, credit scoring, customer services, and profiling, and may share with service providers and other organisations described in our Privacy Policy.
• 13.4 We and our partners may use information (including usage/location data) to tell you about offers by post, email, phone, SMS/MMS, online, or via apps. Call 0800 622 6267 to opt out of marketing (service messages will still apply).
• 13.5 You can request a copy of your personal information (for a small charge) and correct inaccuracies (see Privacy Policy).
• 13.6 If a personal data security breach affects you, we will notify authorities and, where appropriate, affected subscribers/users. This does not give termination rights.
• 13.7 We may transfer information outside the EEA with contractual protections in place to meet UK standards.
• 13.8 We may process/disclose information to comply with law, detect/prevent crime, fraud, and protect our network/services.
• 13.9 You can choose whether your details appear in directory listings; contact customer services if you want inclusion.