ONESIMALLNETWORKS a trading name of The Toughphone Ltd.
- INTERPRETATION & additional definitions
1.1 Unless the context otherwise requires, terms and phrases defined in the General Terms & Conditions and the Services Order Form and the Fees List will have the same meaning when used in this Services Description.
1.2 In addition to Paragraph 1.1, the terms and phrases provided below will have the same meanings when used in each of the General Terms & Conditions and the Services Order Form:
“AIT” or “Artificial Inflation of Traffic” means any situation where calls or texts are:
(a) made, generated, stimulated, and/or prolonged for the direct or indirect benefit of any entity (including a natural person) operating, hosting or otherwise connected with a telecommunication service as a result of any activity by or on behalf of such entity; and
(b) result in a calling or texting pattern which is disproportionate to the overall amount, duration and/or extent of calls or texts which would be expected from:-
- a good faith usage; or
- an acceptable and reasonable personal/commercial practice relating to the operation of Telecommunications Systems;
“3G” means the third generation of mobile services for the transmission of voice and data service for use with applicable 3G mobile devices;
“4G” or “LTE” mean the fourth generation or Long Term Evolution of mobile services for the transmission of data for use with applicable devices;
“Cellphone” means a telephone or mobile device and a SIM card where the context so requires;
“One Sim All Networks” means the name of the product for services for use within the United Kingdom, and Channel Islands.
“Charges” means the charges for each of the Services as set out in Toughphone‘s Price/Fees List;
“Contract” means Toughphone’s General Terms and Conditions, this Services Description, including Attachment One and Two and the Services and or Equipment Order Form signed by the Customer and Toughphone, or where Service is ordered or renewed online through Toughphone’s website, incorporates these terms and conditions;
“Customer” means a person at whose application Toughphone agrees to provide the Service under this Contract and by whom the charges are accordingly payable;
“EDGE” means Exchanged Data rates for GSM Evolution for the transmission and receipt of data with applicable devices;
“Fees” shall mean Price List found on the Toughphone website
“GPRS” means the General Packet Radio Service for the transmission and receipt of data;
“GSM” means the digital cellular system known as Toughphone System for Mobile Communications, sometimes referred to as 2G;
“HSPA” means the enhanced 3G data services using High Speed Packet Access;
“Minimum Period or Minimum Period of Service” is as defined in paragraph 6 below (or such longer period as may be agreed in writing between us), beginning on the date on which Service is actually provided;
“Mobile Service,” “Mobile Network” means mobile service provided through the public switched telephone network and cellular radio system and includes, where the context requires or admits, any service or facility comprised in such service;
“Toughphone” means The Toughphone Ltd;
“Toughphone’s Main Office” means The Toughphone Ltd, 16 Sheaf Street, Daventry, Northamptonshire, NN11 4AB;
“PIN Code” means personal identification number;
“PUK Code” means personal unblocking key;
“Reconnection Charge” means Toughphone’s charge in force from time to time for reconnecting service if service has been disconnected for the non-payment of any charges;
“Service” means Mobile Service and any other such service or services introduced from time to time by Toughphone as indicated on the Services/Equipment Order Form and “Services” means two or more such services;
“SIM Card” means the Subscriber Identity Module Card containing data (including the Customer’s identity) which has been supplied to the Customer by Toughphone;
“Voice Messaging Service” (VMS) means Toughphone‘s voice message processing service (marketed as “Voicemail”) and includes, where the context requires or admits, any service or facility comprised in such service;
1.3 All definitions, notes, terms and conditions which are either set out in our Price/Fees List published in accordance, with this document or referred to in any part of this Contract shall be incorporated by reference into this Contract. Copies can be inspected at our Main Office.
- Provision of and Use of the pay monthly mobile service
2.1 Our pay monthly mobile service is radio-based and as a result there are natural limitations to its quality and coverage. Whilst every effort is made to minimize these limitations, and to ensure that our pay monthly mobile service is available to you at all times, we are not liable for any failure, delay, interruption, suspension, or restriction of our pay monthly mobile service or for a call being cut off for any reason, in particular for reasons beyond our control.
2.2 You accept that coverage provided by 2G, GPRS, EDGE, 3G, HSPA may differ.
2.3 You will only be able to make and receive calls when you are in an area covered by:
- a) the One Sim All Network mobile network or;
- b) a mobile network of one of Toughphone’s pay monthly roaming partners. Toughphone reserve the right to restrict roamed coverage of the One Sim All Network service to the United Kingdom.
2.5 Our Price List which is available online at www.thephonetrader.com provides further information regarding the current One Sim All Networks mobile service call rates.
- Provision of Mobile Service
3.1 To use our One Sim All Networks service we will provide to those Customers contracting for the Service, a SIM Card suitable for the Service, access, where appropriate to the Service provided, to the GSM network including GPRS, EDGE, 3G and HSPA, subject to the suitability of the Customer’s equipment and tariff plan to receive such Services. Access to mobile data services is provided by default at commencement of the service. This means that when the relevant settings are placed in your mobile handset, full access to the Internet is possible. Any maintenance, upgrade, repair or replacement will (subject to Clause 7 of Toughphone’s General Terms and Conditions for Business or Clause 28 of Toughphone’s General Terms and Conditions for Consumer) be carried out by Toughphone.
3.2 The CLI (Caller Line Identity) of your handset (your mobile number) will always be released when you make an outgoing call unless you withhold it by dialling 141 before the number you are dialling, or request that it be withheld on a permanent basis.
3.3 A SIM Card is provided when you order One Sim All Networks service. It may have been inserted into the handset you are using. You must not interfere with this card for any reason. If the SIM card is damaged (through no fault of Toughphone) you will be required to pay for any replacement, exchange or repair of the SIM card. If you require a replacement SIM card you must write to us, quoting your name, address, contact telephone number, mobile number, day of activation of Pay Monthly Mobile service and/or proof of purchase, and any other relevant information that may be required by us. A SIM card replacement is available and will be charged at our prevailing rate as detailed within our Price List, and must be paid to us in advance;
3.4 To prevent unauthorised use of your handset, your SIM card will become blocked if the PIN code is incorrectly entered 3 times. If the SIM card is blocked, you will be unable to use your handset in any way. In order to unblock the SIM card in the handset, you must enter your PUK code.
3.5 In the event you have blocked your handset and you have lost your Services Order Form, you should call 01327 301667 to obtain your PUK code. Upon verification of these details, we will provide your PUK code.
3.6 If you, or any third party, have incorrectly entered your PIN code more than 13 times in total, the SIM card will be permanently blocked and you will need a new SIM card. You should call 01327 301667, to request a replacement SIM card.
3.7 Toughphone has no capability to remove and/or supply Network SIM Locks on handsets selected by customers for use with the service. Toughphone will accept no liability for costs incurred to remove said Network SIM locks. Toughphone reserves the right to continue to charge for service whilst a Network SIM Lock is obtained.
- Voice Messaging Services
4.1 If you request, we will provide voice messaging service (voicemail) access to any service or facility comprised in such a service. For reasons of system capacity, the voice messaging service is limited to a maximum amount of call storage time. We reserve the right to make charges should such a maximum be reached or to suspend or terminate Service to you.
- Your responsibility
5.1 You are responsible for any mobile handset that you have taken on loan or rented and are responsible for any loss or damage to it.
5.2 You are responsible for the use of your SIM card and mobile handset and any codes issued with it and for the costs incurred through its use, whether authorized or not.
5.3 You shall not use, or permit any other person to use, the service, for making persistent calls without a reasonable cause, or create AIT, or for the making of calls for the purpose of causing annoyance, inconvenience or needless anxiety to any person.
5.4 If your mobile handset or your SIM card is lost or stolen, then you should report the theft to Toughphone immediately by calling 01327 301667 in order that a call bar is placed on that number. You are liable for any calls which are made from that mobile number until the theft is reported to Toughphone. You should also report the theft to the Police and we will be happy to assist them with their enquiries.
5.5 If your mobile handset is important to you, then we strongly advise that you take out insurance to cover any loss or damage that you may suffer as a result of such theft.
- Duration of Contract and Minimum Period of Service
6.1 After the expiry of the Minimum Period of Service, your Contract will continue until it is terminated in accordance with Clauses 25 to 30 of our General Terms and Conditions for Business or Clauses 32 to 36 of our General Terms and Conditions for Consumer.
6.2 If you terminate this Contract or transfer to a lower monthly rental Contract during the Minimum Period of Service, the Charges for the Minimum Period of Service or the period ending on the effective date of termination, whichever is the later, will become payable forthwith.
6.3 After the expiration of the Minimum Period of Service this contract or the provision of any Service, or facility under it may be terminated:
6.3.1 by us by at least 14 days’ written notice to you and your liability to pay for the Service shall cease on the expiration of the notice without prejudice to any accrued liability; or
6.3.2 subject to sub-paragraph 6.2 above, by you by at least 14 days’ written notice to us and your liability to pay for the Service shall cease on expiration of 14 days from the date on which we receive the notice or on expiration of the notice period, whichever is the later without prejudice to any accrued liability of yours.
- Charges for the Service and switching between Service
7.1 Charges for Service shall be calculated by reference to our Price List that applies from time to time. Call Charges shall be calculated by reference to the details of the calls recorded by or on behalf of Toughphone. The duration of the call shall commence when the call is answered or when a recorded service is accessed. Data Charges shall be calculated by reference to the details of all data transmitted or received by the Customer and will include any resent data, recorded by, or on behalf of Toughphone. The amount of data will include such data that is added to control the flow of data across the Mobile Service network.
7.2 Toughphone may from time to time vary the Charges for the Service or include certain allowances.
7.4 The aggregate amounts of applicable Charges for all calls of any class or combination of classes including transmission and receipt of data may be included as a single item in your bill.
7.7 You shall pay the following Charges where they are applicable to the Service provided by us, provided that such Charges are raised within a period of 4 months of the chargeable event taking place, where you are billed monthly; or, on the next bill where you are billed quarterly or less frequently, and the information is not to hand at the time of the bill being produced, except where a previous agreement has been reached with you, or with the express consent of the Communications Commission in writing:
7.7.1 all connection Charges, rental Charges, initial Charges and single payment Charges;
7.7.2 all Charges for calls and where applicable, attempted calls, including Charges for services and facilities in relation to those calls, made by means of your handset and SIM Card, or obtained by the use of any name, code or number allocated by us to you;
7.7.3 all data sent or received by means of your handset and SIM Card, or obtained by the use of any name, code or number allocated by us to you.
7.7.4 all applicable Charges for Service and facilities rendered at the request of you, or a person using your handset and SIM Card or any name, code or number allocated by us to you or of any other person appearing to us to be acting on your behalf.
7.8 We reserve the right to levy a connection fee for any reconnection to the network where your access to the Mobile services has been interrupted or suspended. In such event, we reserve the right to refuse to reconnect you to the network unless you furnish security or agree to adhere to the terms and conditions of the pay monthly mobile service
7.9 We may require you to pay your Charges by direct debit and/or receive an e-bill (where your bill is available online and is accessed on a secure website with a username and password). An additional charge may apply if you pay by another method or receive a paper bill.
- Our General Powers
8.1 We reserve the right:
8.1.1 to alter the name or number or your handset and SIM Card, or other name, code or number whatsoever allocated by us from time to time for use in connection with Service;
8.1.2 in an emergency, temporarily to suspend Service to you wholly or in part for the purpose of the provision of temporary emergency telecommunication services; and
8.1.3 to give such instructions concerning the use of Service as we decide from time to time in the interests of safety, quality of service, to Customers of the Service as a whole and you agree to comply with such instructions.
8.2 We shall take such steps, as we consider appropriate to bring the instructions referred to in sub-paragraph 8.1.3 to your notice.
9.1 Any difficulties you may have in relation to our One Sim All Networks mobile services should be addressed to our customer services centre on 01327 301667
9.2 Emergency Service: The use of a mobile handset to call 999 or 112 service or the emergency text service is not guaranteed and must not be relied upon as an alternative to emergency calls via the fixed network or the established marine emergency procedures.
9.3 We reserve the right to refuse any request for information where we are unable to verify that the caller is the account holder of the pay monthly account.
9.4 Use of mobile handsets is not permitted on commercial aircraft as they cause interference to other communications and you agree to comply with all national and local laws in using equipment in relation to this Contract. Some types of electronic equipment may also be temporarily affected by digital transmissions.
9.5 Any person to whom your pay monthly mobile number and pay monthly account are transferred will be required to comply with the provisions of this services description and our standard terms and conditions.