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HoIP Telecom - Pre Paid SIM - General Terms and Conditions

HoIP Telecom – Pre Paid SIM - General Terms and Conditions

These general terms and conditions describe the rights and obligations of HoIP Telecom Ltd and its Customers concerning the delivery, performance and use of the Products and Services provided by (HoIP SIM) a HoIP Telecom Ltd business.


DEFINITIONS

1. Acceptable Use Policy: The policy governing the use of the Products and Services by a Customer whether required by HoIP Telecom Ltd or the telecommunications operator of any Network that facilitates access to the Services. The Acceptable Use Policy is described below.

2. Account: The mobile telephone account registered or activated by a Customer that HoIP Telecom Ltd uses to provide the Products and Services to a Customer and to administer a Customer's Personal Data.

3. Agreement: These general terms and conditions, the User Guide accompanying the SIM Card, and the Charges published by HoIP Telecom Ltd from time to time, including any special offers. An Agreement is deemed made between a Customer and HoIP Telecom Ltd when a Customer registers or activates an Account, uses our Top-Up Services or uses our Services, whichever occurs first, and we will provide access to the Network as soon as we can so that provision of the Services can start.

4. Charges: The tariffs applicable from time to time for the use of the Services, including any connection fees and special offers. The current tariffs are available at http://www.hoip-telecom.co.uk/tariffs-2

5. Customer: Any individual, company or partnership that registers or activates an Account with HoIP Telecom Ltd. In these general terms and conditions, the Customer is sometimes referred to as "you" or "your".

6. Customer Services Department: The department of HoIP Telecom Ltd that you may contact for any enquiries about the Products or Services. You may contact the Customer Services Department in several ways:


HoIP Telecom Ltd: Company Number 07050240, VAT GB986630967

Telephone: +44 (0)2380 970200
Email: [email protected]
Postal Address: HoIP Telecom Ltd, The Old Stable, Coombe Lane, Awbridge, Romsey, Hampshire SO51 0HN United Kingdom


7. Network: The telecommunications networks used by HoIP Telecom Ltd to provide the Services to you.

8. Personal Data: The personal information that you provide to HoIP Telecom Ltd or that HoIP Telecom Ltd generates, collects, uses, processes and stores about you while providing the Services, including but not limited to your name, address, date of birth, mobile telephone number, call data records including Traffic Data and Location Data, top-up records, credit card or debit card details, billing records, voice mail recordings, copies of e-mails including your e-mail address, and records of Customer Services Department enquiries made by you

9. Privacy Policy: The policy that describes how HoIP Telecom Ltd generates, collects, uses, processes and stores your Personal Data. The current Privacy Policy is available at www.hoip-telecom.co.uk

10. Products: HoIP Telecom Ltd ( HoIP SIM) Card and HoIP Telecom Ltd ( HoIP SIM) Top-Up Voucher and any other products offered by HoIP Telecom Ltd, including promotional products

11. Roaming Services: The mobile telephone services that uses multi networks inside the single country

12. Services: The mobile telephone services that HoIP Telecom Ltd provides to you, including voice calling, messaging and data services, voicemail, calling line identification presentation (CLIP), calling line identification restriction (CLIR), Top-Up Services, Roaming Services and the services provided by the Customer Services Department.

13. SIM Card: The prepaid, pre-activated card containing a microprocessor that allows you to access and use the Services by inserting the SIM Card into a compatible GSM mobile telephone

14. Top-Up Services: The services you may use to add credit to the balance of your Account, including the Top-Up Voucher, Online Top-Up and Auto Top-Up

15. Top-Up Voucher: A multifunction voucher (whether in physical or electronic form) containing an 11 digit code that allows you to access and use the Services by redeeming the face value of the voucher.


OBLIGATION TO PROVIDE THE SERVICES

1. HoIP Telecom Ltd will provide the Services to you using the Networks of one or more telecommunications operators. Occasionally any of these Networks may be unavailable for maintenance, modifications, upgrades, emergencies or to protect the security of the Network. At these times the Services may be temporarily unavailable.
2. Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio and signal frequencies. The transmission of these radio and signal frequencies may be affected by congestion on the Network due to the number of calls or messages or the amount of data being sent and received.
3. The transmission of the radio and signal frequencies may also be affected by the location of the base stations, obstacles such as buildings or underpasses, and by external factors such as geographic or atmospheric conditions. The Services may also be affected by the quality of the GSM mobile telephone chosen and used by you.
4. The Roaming Services are subject to the roaming contracts and service quality levels that have been agreed between other national and international telecommunications operators. HoIP Telecom Ltd does not have any control over the contracts or service quality levels agreed between these telecommunications operators.
5. For the reasons described above, HoIP Telecom Ltd does not warrant or guarantee that the Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements, or that the Services will be completely secure against unauthorised interception.
6. HoIP Telecom Ltd will endeavour to keep any disruption to the Services to a minimum; however HoIP Telecom Ltd will not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for the reasons described above. Associated with your SIM Card is the PIN code (personal identification number) and the PUK code (personal unlocking key). The PIN and PUK codes must never be kept together. You will take every necessary precaution to preserve the secrecy of your PIN and PUK codes. You will be liable for any fraudulent or improper use of your SIM Card or Account that results from the intentional or accidental disclosure of your PIN or PUK code or the transfer of your SIM Card to another person


SIM CARD

1. The SIM Card is used by inserting it into a compatible GSM mobile device. When the SIM Card has been inserted and you have registered or activated your Account, you will have access to, and be able to use, the Services.
2. The SIM Card remains the exclusive property of HoIP Telecom Ltd. You must retain the SIM Card and not lose or damage the SIM Card. HoIP Telecom Ltd will only replace a SIM Card where it is found to be defective by reason of faulty workmanship or design. HoIP Telecom Ltd may charge you for a replacement SIM Card where HoIP Telecom Ltd reasonably believes that you are responsible for the loss or damage of your original SIM Card or where someone has stolen your original SIM Card. It is your responsibility to promptly inform HoIP Telecom Ltd of any loss, damage or theft to your SIM Card, or any fraudulent or improper use of your SIM Card. You agree that once you start using the Services or the Top-Up Services you will lose any right to cancel this Agreement under distance selling legislation.
3. If your account runs out of credit you will not be able to make or receive calls, if you do not top up your account immediately we reserve the right to de-activate your sim.


TOP-UP SERVICES

1. The Services are prepaid services. You are required to Top Up in advance so your Account is in credit. As Charges are incurred they will be deducted from the amount credited to your Account. No bill or invoice or statement will be issued to you. You may check your credit balance from time-to-time.
2. You pay for the Services by topping-up your Account using any one of the Top-Up Services available from HoIP Telecom Ltd. You may use the Top-Up Services at any time after registration or activation of your Account. There are several ways that you may top-up your Account:
3. The credit balance in your Account may only be used for the Services. You are not entitled to receive any cash refund for any credit balance remaining in your Account at any time, including where you fail to use the Services and your SIM Card has been deactivated or where this Agreement has been terminated.
4. Interest is not payable on any credit balance in your Account. Each time you use the Services (or someone else uses your GSM mobile device) the credit balance in your Account will be reduced for the voice call, message or data you are making or sending according to the destination and the current Charges.

ACCEPTABLE USE POLICY

1. You agree to use the SIM Card in a compatible GSM mobile device for the purpose of using the Services.
2. You agree not to use the SIM Card or the Services and not to permit another person to use your SIM Card or the Services:
3. Fraudulently or in connection with a criminal offence;
4. For the purpose of making an unsolicited communication or storing and/ or communicating any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a breach of privacy, an infringement of copyright, or is otherwise unlawful,
5. To knowingly and deliberately cause annoyance, inconvenience or needless anxiety to another person,
6. To make any offensive, abusive, indecent, defamatory, obscene or menacing call to any Customer Services Department representative.
7. To transmit a virus or other malicious software, use the Services in a manner that impairs the operation or security of the Network or may cause death, personal injury or damage to property,
8. With equipment that is not approved for use with the Network, including, but not limited to, SIM-boxes and SIM-gateways, and
9. To support calls to call forwarding services, onward calling services or calls to telephone numbers which pay a revenue share or resell to others or commercially exploit our Services.
10. Otherwise than in line with the conditions of this Agreement.
11. If HoIP Telecom Ltd reasonably suspects that you have failed to comply with any of the provisions of this agreement, HoIP Telecom Ltd shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect. If HoIP Telecom Ltd terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.
12. Upon activation of a SIM Card, the purchase of a Top-Up Voucher or the use of the Top-Up Services, you may be required to register your Personal Data with HoIP Telecom Ltd, such as your name, address, date of birth, credit card or debit card details. If HoIP Telecom Ltd determines that the Personal Data that you provide is false, HoIP Telecom Ltd shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect. If HoIP Telecom Ltd terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.


DATA PROTECTION AND PERSONAL DATA

1. HoIP Telecom Ltd will only generate, collect, use, process and store your Personal Data in accordance with all applicable laws and regulations, as amended from time to time
2. HoIP Telecom Ltd has implemented appropriate technical and organisational security measures to protect your Personal Data against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure.
3. By registering or activating an Account with HoIP Telecom Ltd, you consent to HoIP Telecom Ltd collecting, processing and sharing Personal Data provided by you or generated in the course of supplying the Services to you, including details of voice calls, messages or data that you have sent ("Traffic Data") and the geographic position of your GSM mobile telephone ("Location Data") for the purpose of:
4. Supplying the Products and Services to you,
5. The administration of your Account by the Customer Services Department,
6. Providing you with service information, for example about Network faults,
7. The prevention or detection of fraud,
8. Market research and profiling your usage and purchase preferences, and
9. Complying with applicable laws and regulations
10. For HoIP Telecom Ltd to perform its obligations under this Agreement, HoIP Telecom Ltd may need to disclose your Personal Data to other companies that will process your Personal Data on behalf of HoIP Telecom Ltd. These third parties are permitted to use your data only in accordance with our instructions and the law.
11. HoIP Telecom Ltd may also need to transfer your Personal Data to third parties, for example our suppliers and service providers, in countries outside the European Economic Area.
12. HoIP Telecom Ltd may from time to time monitor or record your conversations with the Customer Services Department. This may be done for quality control purposes, to improve the Services, to ensure compliance with governmental, regulatory or enforcement agency requests or to detect fraud.
13. HoIP Telecom Ltd will, subject to the applicable laws and regulations, provide you with a copy of your Personal Data stored by HoIP Telecom Ltd upon your written request. HoIP Telecom Ltd may charge a nominal administration fee for providing you with a copy of your Personal Data. It is your responsibility to notify HoIP Telecom Ltd of any changes to any Personal Data provided by you to HoIP Telecom Ltd. You may also request that any incorrect information is corrected. Where permitted by the applicable laws and regulations, HoIP Telecom Ltd will delete Personal Data upon your written request.


LIABILITY OF HoIP Telecom Ltd

1. HoIP Telecom Ltd does not accept any liability for the delivery, performance and use of the Products and Services other than as stated in this Agreement.
2. HoIP Telecom Ltd is not responsible for damage or loss or inconvenience incurred by you and that results from the content of any voice call, message or data sent or received by you.
3. HoIP Telecom Ltd is not responsible for damage or loss or inconvenience incurred by you and that results from the involvement of a third party, including governmental, judicial or administrative bodies.
4. HoIP Telecom Ltd is not responsible for any damage or loss incurred by you where such damage or loss is indirect or not a reasonably foreseeable result of a breach by us; nor where we are not at fault or to the extent you have contributed to the damage or loss.
5. In the event your SIM Card is lost or stolen, or you believe your SIM Card is being used in a fraudulent or improper manner by another person, you must promptly contact the Customer Services Department. HoIP Telecom Ltd will then be able to block the use of your SIM Card. If you fail to promptly contact the Customer Services Department, you will be liable for all Charges relating to the use of the SIM Card until you do notify us, regardless of whether the Charges were incurred by you or someone else.
6. HoIP Telecom Ltd is not responsible for the failure of any retail outlet to properly activate your SIM Card or Top-Up Voucher or process any payment you made. In these cases, you should contact the retail outlet where you obtained your SIM Card or purchased your Top-Up Voucher and request a refund.
7. HoIP Telecom Ltd does not accept any liability for the delivery, performance and use of the Products and Services other than as stated in this Agreement.
8. HoIP Telecom Ltd is not responsible for damage or loss or inconvenience incurred by you and that results from the content of any voice call, message or data sent or received by you.
9. HoIP Telecom Ltd is not responsible for damage or loss or inconvenience incurred by you and that results from the involvement of a third party, including governmental, judicial or administrative bodies.
10. HoIP Telecom Ltd is not responsible for any damage or loss incurred by you where such damage or loss is indirect or not a reasonably foreseeable result of a breach by us; nor where we are not at fault or to the extent you have contributed to the damage or loss.
11. In the event your SIM Card is lost or stolen, or you believe your SIM Card is being used in a fraudulent or improper manner by another person, you must promptly contact the Customer Services Department. HoIP Telecom Ltd will then be able to block the use of your SIM Card. If you fail to promptly contact the Customer Services Department, you will be liable for all Charges relating to the use of the SIM Card until you do notify us, regardless of whether the Charges were incurred by you or someone else.
12. HoIP Telecom Ltd is not responsible for the failure of any retail outlet to properly activate your SIM Card or Top-Up Voucher or process any payment you made. In these cases, you should contact the retail outlet where you obtained your SIM Card or purchased your Top-Up Voucher and request a refund.
13. You are advised that it is illegal to operate a mobile telephone while driving a motor vehicle, and acknowledge the inherent risk in the use of a mobile device while driving a motor vehicle. HoIP Telecom Ltd is not responsible for damage or loss or inconvenience incurred by you and that results from any accident caused by the use of a mobile device while driving a motor vehicle.
14. Nothing in this Agreement shall exclude or limit the liability of either Party for death or personal injury caused by that Party's negligence, liability arising under the Consumer Protection Act 1987 or the consequence of wilful misconduct, fraud, gross negligence of that Party or any other liability which cannot be excluded or limited by applicable law.
15. The liability of HoIP Telecom Ltd to you under this Agreement shall be limited to a total maximum aggregate amount of £1,000.00 per claim or series of related claims.
16. If you incur any damage or loss or inconvenience, you must notify the Customer Services Department in writing of the claim as soon as possible and in any event within four (4) weeks after the discovery by you of the claim. Damage, loss or inconvenience that has not been reported in writing to the Customer Services Department within this four (4) week period shall not be compensated. This four (4) week period will not apply if you are using the Services as an individual consumer (and not in combination with a trade or business) and you could not have been reasonably expected to notify the Customer Services Department in writing within this period.
17. HoIP Telecom Ltd is not responsible for any damage or loss or inconvenience incurred by you, and will not be liable to provide the Products or Services, as a result of any reason outside the control of HoIP Telecom Ltd, including but not limited to an Act of God, natural disaster, industrial action, war (whether declared or undeclared), civil unrest or acts of terrorism, acts of government or local authority or regulatory body, or any act or decision made by a court of competent jurisdiction. These reasons are also known as "force majeure".


CHANGES TO THE AGREEMENT
1. HoIP Telecom Ltd reserves the right to change these terms and conditions for legal or regulatory reasons. We may also need to change these terms and conditions as a result of changes by our Network suppliers or for other technical or commercial reasons, such as changes to our Products and Services. We may also change our Charges or introduce new Charges. Changes to Charges will be reflected in our tariff table from time to time. 

2. If a change will be materially detrimental to you, HoIP Telecom Ltd will give you at least one month's notice via our web site. If you do not accept a change which is notified to you as materially detrimental then you can cancel this Agreement or cease using the Services or topping-up your Account. If you use the Services or top-up your Account after HoIP Telecom Ltd makes a change, then you are deemed to accept the change.

3.Please check our website regularly for any changes.


GENERAL PROVISIONS

1. This Agreement represents the entire agreement between HoIP Telecom Ltd and you in relation to the Products and Services. It takes precedence over all prior agreements (written and oral), and all representations or other communications between HoIP Telecom Ltd and you. The retail outlets are not authorised by us to amend this Agreement or to agree any terms which are inconsistent with these terms and conditions.
2. No term or condition of this Agreement is enforceable by any third party (a person who is not a party to this Agreement) under the Contracts (Rights of Third Parties) Act, 1999.
3. Failure or delay by either HoIP Telecom Ltd or the Customer to enforce any right under this Agreement shall not prevent HoIP Telecom Ltd or the Customer (as the case may be) from taking further action.
4. If any term or condition of this Agreement is determined to be partially or wholly void or unenforceable by any court or body of competent jurisdiction or as a result of any legislation, it shall be void and unenforceable only to that extent. The validity and enforceability of the other terms and conditions shall not be affected.
5. HoIP Telecom Ltd is entitled to assign all of its rights and obligations under this Agreement to a third party. You are entitled to assign all of your rights and obligations under this Agreement to a third party with the written consent of HoIP Telecom Ltd This Agreement is governed by English law and the English courts will have exclusive jurisdiction over any dispute under this Agreement.
Use of Intellectual Property contained on this website
This website contains a variety of content including graphics, designs, databases, trade get up and colours, trademarks and brand names which are protected intellectual property rights of the respective owners. The owners of Intellectual Property rights contained on this website are HoIP Telecom Ltd and affiliated companies respectively. By using this website, you acknowledge the respective intellectual property rights and agree to adhere to these terms of use intellectual property use.

Copyright 2015 HoIP Telecom Limited