0044 Pay-Monthly SIM Card - Terms & Conditions
The Pay-Monthly service will be provided by Cellhire PLC on behalf of 0044Ltd. This offer is exclusive to 0044Ltd and can not be obtained through Cellhire directly.
Here is a quick overview of the most important information:
- The rental period is for a minimum of 6, 9 or 12 months depending on your chosen plan. Once the rental period has expired you can cancel the contract with immediate effect by returning the SIM card via recorded delivery to Cellhire.
- If you do not cancel your contract in writing after minimum rental period, or return your SIM card, the contract will continue.
- Payment for line rental will be taken in advance at the beginning of the month from your Credit Card.
- Voice, SMS and Data charges will be taken on the 28th day of every month from your Credit Card.
- If you choose to cancel the contract prior to its completion you must pay the line rental for the remaining months (2.2). However if the failure to complete the contract is due to a technical fault Cellhire will not charge the line rental fee for the remaining months. Provided that the fault is not due to misuse by you (the Customer).
- If you do not return the SIM after the rental period has ceased you must pay Cellhire £20.00.
- If you exceed a daily spend of £20.00 your Credit Card will be billed immediately. When this occurs you will be contacted by Cellhire to ensure that you are in possession of the SIM card, this is to protect yourself and Cellhire against fraud.
- You must notify Cellhire immediately if the SIM card is damaged, lost or stolen. All usage of the SIM card is your responsibility.
CELLHIRE PLC - RENTAL CONDITIONS
1. Agreement for Rental
1.1 Terms used in these Conditions which are defined in the Confirmation of Order shall be construed accordingly.
1.2 The terms set out in these Conditions and in the Confirmation of Order (together the "Agreement") shall apply to the rental of the Equipment by Cellhire to the Customer to the exclusion of any other terms and conditions.
1.3 Reference to any statute includes any modification consolidation or re-enactment.
1.4 Any reference in the Confirmation of Order or these Conditions to “month” means a calendar month.
2. Commencement of Rental
2.1 Cellhire will deliver the SIM card at Cellhire's risk to the Customer at the address shown on the Confirmation of Order. The Commencement Date shall be as set out on the Confirmation of Order.
2.2 The Rental Period is the period from the Commencement Date until the date on which the Customer returns the SIM card in accordance with Condition 9.1 and the Rental Period will be at least the Minimum Period of 6 months, 9 or 12 months depending on the chosen contract and any specific promotional periods as set out on the 0044 Ltd web site. Should the Customer choose to cancel their contract prior to the Minimum Period of 6 months they will be liable for the remaining Rental costs.
2.3 Risk of damage to or loss of the SIM card, howsoever caused, will pass to the Customer upon delivery.
2.4 Cellhire will use all reasonable endeavours to deliver the SIM card on the Commencement Date but will have no liability to the Customer for any delay caused by circumstances beyond Cellhire's reasonable control.
2.5 The Customer will accept the SIM card on the Commencement Date and if for any reason the Customer fails to accept the SIM card on that date the Customer shall nevertheless be liable for Cellhire’s costs associated with the loss of rental, delivery and return costs unless the Customer's failure is due to the negligent act or omission of Cellhire.
3. Charges
3.1 Activation, fulfilment and the first month’s line rental charge are invoiced to the Customer’s credit card in advance.
3.2 The Call Charges and any other sums due to Cellhire (the "Charges") are payable;
3.2.1 in the case of Customers who pay by credit card, once every calendar month.
3.2.2 in the case of Customers who pay by credit card, when the value of unpaid accumulated Call Charges (excluding VAT) exceeds £20 Sterling since the last invoice date.
3.3 The Customer will pay the Charges from the time rental commences until:
(a) the SIM card is returned in accordance with these Conditions; or
(b) Cellhire receives notification from the Customer that the Equipment is lost or stolen.
3.4 If Cellhire does not receive all the details of Charges from third party networks before the end of the Rental Period, Cellhire may deduct the Charges from the Customer's credit card.
3.5 If Call Charges are increased the Customer may terminate the Agreement at the end of the 6 month period upon giving Cellhire 7 days notice but termination will not take effect until Cellhire has received the Equipment from the Customer.
3.6 Cellhire shall be entitled to charge interest on any overdue amounts at the rate set out from time to time in the Late Payments of Commercial Debts (Interest) Act 1998, interest to accrue on a daily basis.
3.7 All Charges will be subject to VAT and any other government taxes or duties as applicable.
4. Use of SIM Equipment
4.1 On delivery Cellhire will provide an instruction leaflet on the use of the SIM card to the Customer. The Customer will only use the SIM card in a careful and proper manner in accordance with the instructions provided.
4.2 The Customer is not authorised to act as Cellhire's agent and the Customer will, at all times, remain liable for any use of the SIM card by any third parties.
5. Notification
5.1 If the SIM card is not in working order when delivered or subsequently breaks down the Customer will notify Cellhire immediately.
5.2 Cellhire will repair or replace the SIM card as soon as possible after the Customer notifies Cellhire and will credit the Customer with the full cost of rental for the period in which the Customer is unable to use the SIM card as the result of the fault (provided the breakdown is not due to misuse by the Customer).
5.3 If Cellhire finds that SIM card reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement SIM card.
5.4 The Customer must notify Cellhire immediately if the SIM card is damaged, lost or stolen.
6. Liability
6.1 Cellhire warrants that the SIM card will be in working order when it is delivered to the Customer but Cellhire has no control over the operation of the telephone network to which it is connected or the security of information transmitted on the SIM card and accordingly cannot be responsible for any failures of the telephone network or security breaches.
6.2 Cellhire’s entire liability to the Customer, whether in contract, tort or otherwise, shall be limited to the total of the Rental Charges actually paid to Cellhire at the date the claim arose.
6.3 Nothing in this Condition 6 shall apply so as to limit or exclude Cellhire’s liability for:
(a) death or personal injury resulting from Cellhire’s negligence;
(b) breach of the terms as to title, freedom from encumbrance or quiet possession implied by the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982;
(c) any claim arising under the Consumer Protection Act 1987;
(d) fraudulent misrepresentation; or
(e) where the customer is a “Consumer” within the terms of the Unfair Contract Terms Act 1977, breach of any terms implied by the Supply of Goods and Services Act 1982
6.4 Cellhire shall not be liable to the Customer for any breach of its obligations under this Agreement, in tort or otherwise if such breach is caused by circumstances beyond its reasonable control.
7. Ownership
7.1 The SIM card shall at all times remain the property of Cellhire and the Customer shall have no rights to the SIM card except to use it in accordance with this Agreement.
7.2 Where a mobile telephone number is provided for the supply of airtime, the Customer acknowledges and agrees that it is not entitled to continued use of the telephone number associated with the SIM card after the termination of the Rental and that the mobile telephone number will be recovered by Cellhire at the end of the Rental and subsequently provided to another Customer.
8. Termination
8.1 Unless otherwise agreed with Cellhire the Customer shall return the SIM card to Cellhire at the Return Address to be arranged at the end of the Rental Period in good working order and in the same condition as when it was delivered to the Customer.
8.2 If the Customer commits a material breach of these Conditions, such as, but not limited to, using the SIM card in an improper manner and in contravention of the instructions, then Cellhire may require the return of the SIM card without being obliged to repay any portion of the Rental Charges.
8.3 Under no circumstances shall the Customer retain the SIM card under this Agreement for longer than the Rental Period without agreeing an extension of that period with Cellhire.
8.4 The Customer shall pay the manufacturer's full retail price (£20.00) to Cellhire for any SIM card which is damaged or not returned at the end of the Rental Period.
9. Law and Jurisdiction
9.1 This Agreement shall be governed by the Laws of England and Wales.
9.2 The courts of England and Wales shall have the non-exclusive jurisdiction to settle any disputes, which may arise out of or in connection with this Agreement.
10. General
10.1 No waiver by Cellhire of any breach of this Agreement between Cellhire and the Customer shall be considered as a waiver of any subsequent breach of the same or of any other provision.
10.2 Cellhire may disclose details of this Agreement to any person and for any purpose connected with its business. Cellhire may also disclose the contents of this Agreement to any credit reference agency.
10.3 The Customer acknowledges that in performance of this Agreement Cellhire may have to transfer data outside the EU and the Customer hereby consents to such transfer.
10.4 A person who is not a party to this Agreement is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where this Agreement expressly provides that such a person is entitled to enforce any of its terms under that Act.
