Payments due monthly in advance by credit card. Data overage (if any) will be invoiced separately. Overage over 500
pounds/month needs to be settled as soon as we get the notification from operator.
Terms & Conditions
If you require further assistance, please call Customer Services on +34 971 10 56 57
1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions.
Connection: a connection of a Mobile Device to our Services.
Connection Schedule: the schedule setting out the tariffs, charges and other special terms that relate to the provision of the Services to you,
and any updated or amended versions agreed by you and us.
Customer: the party specified on the Connection Schedule, and referred to as “you” in these terms.
End-User: a subcontractor, consultant, freelancer, employee or other person who you authorise to use a Mobile Device or access any of our
Minimum Period: the fixed or rolling period from the Start Date specified in the Connection Schedule.
Minimum Spend: the amount (if any) set out in the Connection Schedule.
Mobile Device: means the approved mobile device and SIM Card connected to our Service.
Partner Networks: our partner networks which may include O2, Vodafone and other service providers.
Payment Dates: the Start Date for all initial charges, the first of each calendar month for each monthly payment, the order date for any
additional Mobile Devices, Connections, SIM Cards or Upgrades and (unless otherwise agreed) the date of termination of the Contract for all
Personal Data: has the meaning set out in section 1(1) of the Data Protection Act 1998.
Service: the provision of mobile voice and/or data telecommunication services operated by Partner Networks.
SIM Card: a module that contains subscriber information that (with a Mobile Device) enables access to our Service.
Start Date: the date when a Connection is first made to the Services.
Upgrade: the supply of new Mobile Devices, or any other product or Service that provides an improved Service.
1.2 Clause and schedule headings do not affect the interpretation of this agreement.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular. Unless the context
otherwise requires, a reference to one gender shall include a reference to the other genders.
1.5 A reference to writing or written includes faxes and any information provided using our contact form.
1.6 References to clauses and schedules are to the clauses and schedules of this agreement.
1.7 Any phrase introduced by the terms including, include, or any similar expression shall be construed as illustrative and shall not limit the
sense of the words preceding those terms.
2. COMMENCEMENT AND DURATION OF THE CONTRACT
2.1 Our agreement will commence on the date we enter into the Contract. It shall be in force for the Minimum Period and shall then continue
unless it is terminated in accordance with these terms and conditions.
2.2 This contract will apply to all Services and Mobile Devices, including any subsequent Connections or Upgrades.
3. THE PROVISION OF THE SERVICE
3.1 We will make the Connections, supply the Mobile Devices and endeavour to make the Service available to you, and you agree to use them
on the terms set out in this agreement.
3.2 The availability of the Service is subject to the geographical coverage of our Partner Networks, weather conditions, atmospheric
conditions, and other factors that are not under our control. We therefore cannot guarantee that you will be able to use the Services at all
times. The service made available to us from Partner Networks may change over time and may vary from country to country.
3.3 You promise to treat (and you promise to make sure any End User will treat) any username, password or any other information that forms
part of our security procedures as confidential. You shall be liable for any loss or damage arising out of the disclosure of any security
information by you any End User. Our Network Partners have the right to disable any SIM Card, access code, username, password or other
security information provided to you at any time, although this will normally only happen if they suspect fraud.
3.4 From time to time we may:
(for operational reasons), change access codes, usernames, passwords or other security information necessary to access the Service or
change the technical specification of the Service;
issue you with instructions for reasons of health, safety, security or the quality of any service to you or any other customer;
temporarily suspend the Service because of an emergency or for operational maintenance or improvements or for the purpose of ensuring
network or information security. In such cases, the Service will be restored as soon as reasonably practical and we aim to give you as much
notice as possible.
3.5 You agree to purchase and we agree to provide you with the Mobile Devices listed in the Connection Schedule as outright sales. We agree
to provide you with the other Mobile Devices on the basis that we retain ownership of all other Mobile Devices until the end of the Minimum
Period or you give notice of termination due to our insolvency under clause 6.3, whichever occurs first or if applicable, until the Minimum
Spend is reached and received by us. At either of these points (as applicable), you will have ownership of the relevant Mobile Devices. Risk of
loss or damage to all Mobile Devices transfers to you upon delivery. Until ownership transfers from us, you must take reasonable care of the
Mobile Devices. In addition to our rights in clause 4.2 and 6.3, we may require you to return the Mobile Devices (other than those purchased
outright) to us within 14 days of a written returns notice if you breach any of the other provisions of these terms and conditions. If you do not
return them, we retain the right to enter any of your premises or of any third party where the Mobile Devices are stored in order to recover
3.6 All SIM Cards shall always remain the property of our Partner Networks. We will take reasonable steps to pass any guarantee or warranty
given by the Mobile Device manufacturer to you. You must inform us of any SIM Card or Mobile Device that is damaged on receipt within
three working days. We may arrange for the repair or replacement, substitution or refund for Mobile Devices damaged in transit.
4. USE OF THE SERVICE
4.1 You may access the Service in accordance with these terms and conditions for your business use. You may not re-sell the Services to any
third party for money or money’s worth. You are also responsible for making sure that when using the Service, every End User shall comply
for any breach of those terms. In summary, you (and your End-Users) must not do anything that is likely to adversely interfere with the
provision of the Services.
4.2 We may suspend the Service and terminate the Contract immediately if you breach any of the provisions of these terms and conditions,
4.3 Emergency calls dialled from a mobile handset over the GSM network are always handled directly by the network to which the handset is
connected, whether the handset contains a valid SIM Card or not. Therefore no part of our Service is capable of or intended to provide basic
emergency call services. You acknowledge and agree that we (and our Network Partners as appropriate) shall not be liable for any claims
arising out of the failure of any emergency service functionality.
4.4 You acknowledge that the Service is operated under license and by agreement with the Network Partners. You promise:
Not to use or permit the use of the Mobile Device or the SIM Card for any illegal, unlawful, fraudulent, immoral or improper purpose
including making offensive or nuisance calls, and the use of unlawful GSM SIM gateways or any purpose not recommended by us, the
equipment manufacturer or the Network Partners;
To comply with our reasonable instructions relating to the Mobile Device, SIM Card or the Service and to use only approved Mobile
Not to act, or omit to act, in any way which may injure or damage any persons or property or cause the quality of the Service to be
Not to use any Service in breach of the Data Protection Act, CAP Codes or contrary to any TPS out out notification.
4.5 You must promptly notify us of the loss or theft of a Mobile Device and/or SIM Card.
5.1 You will pay on or before the Payment Date:
any agreed initial charges, the monthly access charge and any other fixed monthly charges as specified in the Connection Schedule from
the Start Date;
all call charges in excess of any inclusive call charges including charges incurred from other networks, virtual networks, premium rate and
overseas cellular and network operators (without discount);
all data charges in excess of any inclusive data charges including charges incurred from other networks, virtual networks, premium rate and
overseas cellular and network operators (without discount);
any handling charges set out in our tariffs;
the cost of any reconnection fee following suspension of the Services due to non-payment (subject to clause 7 below), prior to
a fee (at our then current standard rate) for each cancelled, dishonoured or failed direct debit, cheque or other bank transfer;
the cost of any Mobile Devices not returned to us in accordance with the Contract; and/or
any additional claims, damages, losses (including loss of profit, other economic loss or legal fees) we suffer due to your breach of this
5.2 All payments must be made by Direct Debit unless we agree otherwise. You must pay the charges within 14 days of the date of our
invoice. All sums due to us must be paid in full without set-off, counterclaim or deduction.
5.3 We will calculate the charges for the use of the Services in accordance with the details recorded by, or on behalf of our Network Partners.
You must notify us in writing of any billing queries or disputes within 28 days of the date of invoice.
5.4 We reserve the right to claim interest on a late payment at a rate of 3%/month.
5.5 We will invoice and you shall pay all charges in pounds sterling, or equivalent amount in Euro, unless otherwise stated in the Charges
Schedule. The charges set out in the Charges Schedule are exclusive of value added tax or any other sales, usage or similar tax applicable in
any country where the Service is provided.
5.6 You are solely responsible for the Mobile Device and/or SIM Card and you shall remain liable for all call and data charges including any
incurred during a period of theft, damage or loss until such theft, damage or loss is reported by us to your Partner Network, and will remain
liable for the monthly access charge until the agreement has ended. We will notify the Partner Network as soon as reasonably possible after
you have provided us with the relevant information.
5.7 We may revise the charges set out in the Charges Schedule by giving you no less than 30 days' written notice, effective on or after the
expiry of the Minimum Period. Clause 6.5 shall apply.
5.8 We may place a daily, weekly or monthly cap on the amount of credit for your account. We may, at any time, require you to pay an
interim payment if your credit cap has been exceeded, or pay a deposit or provide a guarantee as security for payment of future bills. If you
exceed the cap, fail to pay such a deposit or provide such a guarantee, we have a right to suspend the provision of the Service, or to
terminate this Contract.
5.9 Data usage is measured in kilobytes (KB) and megabytes. 1 megabyte (MB) is equal to 1024 Kilobytes (KB). You are charged for the
amount of data that travels over our Partner Networks. Please note that you may be charged for re-sent data packets and packets added to
control the flow of data.
6.1 Either party may terminate the Contract on 30 day’s written notice to the other, effective on or after the expiry of the Minimum Period.
We may offer you a new Contract for the same Services at any time during the term of this Agreement. If you accept the new Contract, this
Agreement shall terminate on the Start Date of the new Contract.
6.2 The Charges assume that the Contract will continue for the Minimum Period, and the costs of setting up your account and supplying the
Mobile Devices are spread over its full term. If you terminate the Contract either before the Start Date or during the Minimum Period, you
shall pay us the early termination charges, calculated as:
the amount that you would have paid to us if the Contract had run until the expiry of the Minimum Period; plus
the difference between the total actual monthly charges received by us from you in accordance with the Contract and the Minimum
our Network Partner’s disconnection fee of up to £25 per SIM Card.
6.3 Without prejudice to any rights that have accrued under the Contract or any of its rights or remedies, either party may terminate this
agreement without liability to the other immediately (or following such notice period as it sees fit) by giving notice to the other party if:
the other party fails to pay any amount due under the Contract on the due date for payment and remains in default not less than seven
days after being notified to make this payment;
the other party commits a material breach of the Contract, and (if this breach is remediable), fails to remedy that breach within a period of
14 days after being notified to do so;
the other party repeatedly breaches any of the terms of the Contract in a manner that reasonably justifies the opinion that its conduct is
inconsistent with it having the intention or ability to give effect to the terms of this agreement;
the other party is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment
for the benefit of their creditors, or goes into voluntary (otherwise for reconstruction or amalgamation) or compulsory liquidation, or a
receiver or administrator is appointed over their assets, or if the equivalent of any of these events under the laws of any of the relevant
jurisdictions occurs to the respective other party;
the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to
pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
(being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of doing so, in either case, within the
meaning of section 268 of the Insolvency Act 1986;
(being a partnership) has any partner to whom any of the foregoing applies;
any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect
equivalent or similar to any of the events mentioned this clause; or
the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.
6.4 If we terminate the Contract during the Minimum Period because of an event referred to in clause 6.3 above, you shall pay us, without
prejudice to any other rights we may have, the early termination charges as set out in clause 6.2.
6.5 You may terminate the Contract if we give notice to you in accordance with clause 13 that we intend to:
increase the rate of any recurring charges set out in clause 5 to such an extent that your total recurring charges (based on monthly figures
in any of the previous three months) increase by more than 10% and you write to us before the increase applies; or
change the terms of the Contract to your significant disadvantage including changing or withdrawing Services (we will tell you if this is the
case) and you write to us within 21 days of us telling you about the change. This does not apply if the change or withdrawal relates to Services
that you can cancel without us ending the Contract.
6.6 Termination of this agreement, however it arises, shall not affect or prejudice the accrued rights of the parties as at termination or the
continuation of any provision expressly stated to survive, or implicitly surviving, termination.
7. SUSPENSION OF SERVICE
7.1 We may terminate or temporarily suspend the Service at your expense if:
you have provided false or misleading information;
we are entitled to terminate the Contract under any of the provisions of the Contract;
our Network Partner ceases to provide the relevant service; or
you are in arrears with any payment due under the Contract for more than seven days.
7.2 Where the Service is suspended under this clause, you shall pay the charges for the Service until the Contract has been terminated by
either party in accordance with clause 6.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Where we provide software to you, we will either:
grant a non-exclusive, non-transferable licence to allow you to use that software solely in relation to the Service; or
licence provided by third party software owners, you will not be entitled to use that software.
9. LIMITATION OF LIABILITY
9.1 The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and
subcontractors) to you in respect of:
any breach of the agreement however arising;
any use you make of the Service, or any part of them; and
any representation, statement or tortious act or omission (including negligence) arising under or in connection with the agreement.
9.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from
9.3 You acknowledge that we and our Network Partners have no knowledge of, involvement with or liability for the content of text messages
that do not originate from the relevant Network Partner.
9.4 Nothing in these conditions excludes our liability for:
death or personal injury caused by our negligence; or
fraud or fraudulent misrepresentation; or
breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
breach of section 2 of the Consumer Protection Act 1987; or
our deliberate default or wilful misconduct or of our employees, agents or subcontractors.
9.5 Subject to clause 9.4:
we shall not be liable under any circumstances to you whether in contract, tort (including negligence) or restitution, or for breach of
statutory duty or misrepresentation, or otherwise, for any loss of profits; loss of business; depletion of goodwill or similar losses; loss of
anticipated savings; loss of goods; loss of contract; loss of use of Service; loss or corruption of data or information; or special, indirect,
consequential or pure economic loss, costs, damages, charges or expenses, suffered by you that arises under or in connection with this
our total liability under this clause including all related costs, fees and expenses will not under any circumstances cumulatively exceed
100% of the charges of the last 3 months per incident, and within any 12-month period shall not exceed 100% of the charges of the last 3
months. In the case of damage occurring within the first 12 months of the Start Date, the charges due up to that date shall be projected for a
9.6 We shall not be held responsible for any loss, damage or inconvenience you may suffer for emergencies or scheduled maintenance.
10. CONFIDENTIAL INFORMATION
10.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs,
customers, clients or suppliers of the other party except as permitted by clause 10.2.
10.2 Each party may disclose the other party's confidential information:
to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party's
obligations under this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the
other party's confidential information comply with this clause 10;
to the Network Partners and other credit reference agencies for the purposes of providing the Services, credit control and fraud
as may be required by law, court order or any governmental or regulatory authority.
10.3 No party shall use any other party's confidential information for any purpose other than to perform its obligations under this agreement.
11. PRIVACY AND DATA PROTECTION
11.1 We shall process all information (including all the personal data provided by you and your End-Users before or during the term of the
Contract) in accordance with the Data Protection Act. You promise that all persons you authorise to use your Connections consent to the
processing of their personal data and that all data provided to us is accurate.
11.2 Although we agree to take all reasonable technical and organisational steps to provide a secure Service, we cannot accept responsibility
for the accidental loss or destruction of any data that is transmitted using the Service.
11.3 You promise (and will procure that everyone you authorise to access the Service) agree and acknowledge, that we may be required by
law to provide assistance to law enforcement, governmental agencies and other authorities. You agree, and shall procure that everyone it
authorises to access the Service agrees that we:
and/or our Partner Networks may implement and maintain an interception capability suitable to meet these requirements where we
and/or Partner Networks are obliged by law to ensure or procure that such a capability is implemented and maintained;
our Partner Networks may implement and maintain a data retention capability for the Service to meet requirements where we and/or our
Partner Networks are obliged by law to ensure or procure that data is retained;
may use and disclose information for fraud prevention, debt collection, credit scoring and emergency service provision;
may share your information with a buyer or seller of our company or business; and
we may at times co-operate with law enforcement authorities in the investigation of any suspected or alleged illegal activity. This may
include but is not limited to, disclosure of contact information to law enforcement authorities.
12.1 Unless otherwise expressly stated in these terms and conditions, all notices and other communications required or permitted to be
given under these terms and conditions shall be in writing. All notices and other communications shall be deemed properly served if they
have been delivered personally or sent by fax, email, using our web contact form, text message or pre-paid registered post to the latest
12.2 Any notice shall be deemed to have been properly served:
if delivered by hand, on delivery;
if sent by pre-paid registered mail, 2 working days after posting;
if sent by fax, on confirmation of transmission;
if sent by e-mail, web contact form or text message, on confirmation of dispatch.
12.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped
and placed in the post and, in the case of a fax, that the fax was duly dispatched to a current fax number of the addressee and, in the case of
an e-mail or text message, that the e-mail or text message was sent to a current e-mail address or mobile phone number of the addressee.
13.1 We have the right to revise and amend these terms and conditions from time to time on giving you at least 30 days' notice in writing.
13.2 You agree to immediately inform us if you change your contact or payment details.
14.1 Any Contract made under these terms and conditions is binding on the parties and their respective successors and assigns. We may
subcontract or delegate in any manner any or all of our obligations under the Contract to any third party. We may, after giving prior written
notice to you, assign and transfer all of our rights and obligations under the Contract to any person to which we transfer that part of our
business to which the Contract relates, provided that the assignee undertakes in writing to you to be bound by our obligations.
14.2 Only parties to this agreement may enforce its terms. The Contracts (Rights of Third Parties) Act shall not apply. This agreement is
personal to you, and cannot be assigned without our prior written consent.
14.3 It may be possible to transfer a SIM Card or Mobile Device or contact number on a case by case basis. You acknowledge that a contact
number may be changed or reallocated by a Network Partner (such circumstances are unusual and often only contemplated if required by a
15. FORCE MAJEURE
15.1 We shall not be in breach of any Contract, nor liable for any failure or delay in performance of any obligations under a Contract arising
from or attributable acts, events, omissions or accidents beyond our reasonable control (Force Majeure Event), including but not limited to
any of the following:
acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
epidemic or pandemic
war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar
terrorist attack, civil war, civil commotion or riots;
nuclear, chemical or biological contamination or sonic boom;
compliance with any law;
fire, explosion or accidental damage;
adverse weather conditions;
collapse of building structures, failure of plant machinery, machinery, computers or vehicles;
any labour dispute, including but not limited to strikes, industrial action or lockouts;
non-performance by suppliers or subcontractors;
interruption or failure of utility service, including but not limited to electric power; and
interruption or failure of telecommunications services.
15.2 If the Force Majeure Event prevails for a continuous period of more than 14 days, you may terminate this agreement by giving 14 days'
written notice to us. On the expiry of this notice period, this agreement shall terminate. This termination shall be without prejudice to the
rights of the parties in respect of any breach of this agreement occurring before the termination.
16.1 Any failure to exercise, or any delay in exercising, any right or remedy provided under this agreement or by law shall not constitute a
waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single
or partial exercise of any right or remedy provided under this agreement or by law shall preclude or restrict the further exercise of that or any
other right or remedy.
17.1 If any provision of these terms and conditions or any provisions of a Contract (or part of any provision) is found by any court or other
authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be
deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
17.2 If any provision of these terms and conditions or any provisions of a Contract (or part of any provision) is found illegal, invalid or
unenforceable, the parties shall negotiate in good faith to amend this provision such that, as amended, it is legal, valid and enforceable, and,
to the greatest extent possible, achieves the parties' original commercial intention.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any documents referred to in it constitute the whole agreement between the parties and supersede any
previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.
18.2 Each party acknowledges that, in entering into a Contract under these terms and conditions, it does not rely on any statement,
representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set
out in these terms and conditions or any documents forming part of the Contract.
18.3 Nothing in this clause shall limit or exclude any liability for fraud.
19. GOVERNING LAW AND JURISDICTION
19.1 Any Contract made under these terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter
or formation (including non-contractual disputes or claims) shall be governed by English law.
19.2 Any dispute or claim arising out of or in connection with a Contract or its formation (including non-contractual disputes or claims) shall
be subject to the exclusive jurisdiction of the courts of Palma de Mallorca.