ID MOBILE PAY AS YOU GO TERMS AND CONDITIONS
Terms & Conditions – Pay As You Go
In this Agreement, certain words shall have the following meanings:
“Access Charge” means a rate set in respect of the retail and origination of a call to an Unbundled Tariff Number and its conveyance up to and including the Assumed Handover Point for the purpose of calculating the amount payable for making such a call.
“Account” means your airtime account for the Services linked to your SIM Card;
"Artificially Inflated Traffic" means any situation where the flow of calls, SMS, MMS or data to any particular revenue share service or GSM Gateway is, as a result of any activity on or on behalf of the party operating that revenue share service or GSM Gateway, disproportionate to the flow of calls which would be expected from good faith commercial practice and usage of the Network;
“Assumed Handover Point” means the point of interconnection nearest to the origination of a call to an Unbundled Tariff Number at which the call may be handed over for conveyance.
“Auto Top-Up” means an automated Top-Up which shall apply an amount of Credit predetermined by you each time your Credit reaches £2;
“Bundle” means a collection of minutes, texts and/or data purchased for use as part of the Services and valid for one calendar month from the date of Top-Up;
"Charges" means all the charges deductible against the use of the Services, as included in our List of Charges;
“Credit” means the balance allocated to your Account against which we deduct the Charges;
“EEA” means the European Economic Area, being the 27 EU Member States (other than the UK), Norway, Iceland, Lichtenstein and the Outermost Regions of Martinique, Mayotte, Guadeloupe, French Guyana, Réunion, Saint-Martin, Madeira, the Azores and the Canary Islands.
"Eligible Calls" means calls or texts to UK standard landline numbers starting with 01, 02 and 03 (excluding calls to the Isle of Man and the Channel Islands) and calls and texts to standard UK mobile numbers, together with any other numbers that we expressly state that are eligible; in the EEA, Eligible Calls has the equivalent meaning and also includes calls and /or texts to the visited country’s geographic numbers and mobile numbers.
“EU Roaming Regulations” means Directive 531/2012 of 13 June 2012, Directive 2015/2120 of 25 November 2015 and Commission Implementing Regulation of 15 December 2016.
"Group" means iD Communications Limited, together with its subsidiary and holding companies and any subsidiaries of such holding companies whether direct or indirect from time to time;
"GSM Gateway" means a single point of access to a GSM network capable of using multiple SIM Cards;
“iD app” means the free software for compatible devices that we make available to you for managing your iD account, details of which are available at https://www.idmobile.co.uk/app and which may change from time to time;
“iD Communications Limited” means a company incorporated in England and Wales (company number 09214654) and whose registered office is 20 Grenfell Road, Maidenhead, Berkshire, SL6 1EH.
“iD Mobile Limited” means a company incorporated in England and Wales (company number 09304672) and whose registered office is 1 Portal Way, London, W3 6RS. To contact iD Mobile Limited via live chat agents, please visit idmobile.co.uk/contactus. If you prefer to speak to somebody on the phone, give iD Mobile Limited a call for free on 7777 using your iD phone. Alternatively, you can call 0333 003 7777 from a landline or other mobile (charges may vary). If you prefer to contact iD Mobile Limited via letter, please send this to iD, P.O. Box 356, Unit 19, Southampton, SO30 2PG. Please include your full name, your billing address with post code, your iD mobile telephone number and the name of the bank your direct debit is with to help us locate your account.
“INFO” means switching customer information which may include, but it is not limited to, any outstanding credit balances.
"List of Charges" means the list detailing all our Charges (including call Charges) which is available on our website at www.idmobile.co.uk/help-and-advice/call-charges and www.idmobile.co.uk/help-and-advice/list-of-charges;
"MMS" means Multimedia Messaging Service;
"Mobile Device" means a cellular telephone or other device used by you to receive or use the Services;
"Network" means the public switched telephone network or a wireless telegraphy telephony link by means of a cellular radio system used by us to provide the Services;
“N-PAC” means Non-Porting Authorisation Code; this is a unique identifier used by mobile network operators to facilitate auto switching for customers wishing to switch network without a port (also known as STAC);
“PAC” means Porting Authorisation Code; this is a unique identifier used by mobile network operators to facilitate mobile number portability (or MNP) for customers wishing to keep their number when changed network.
"Payment Method" means the payment method you elect to use to pay for the Services;
"Personal Information" means the details provided by you to us or is otherwise generated through your dealings with us or use of the Services;
“Porting Delay Compensation” means compensation to you from Network providers for delays for more than 1 business working day during PAC / N-PAC process, including extended loss of service;
“Registration” means our acceptance of your application to register with us for the Services once you purchase credit from us and “Register” has a corresponding meaning;
"Services" means the mobile communications service provided by us to you, including the ability to make and receive calls, to send and receive SMS and MMS messages, to send and receive data and to connect to the Internet, paid for by you in advance by Top-Up or Bundle purchase;
"SIM Card" means the Subscriber Identity Module card containing data (including your identity) used to receive the Services;
"SMS" means Short Messaging Service;
“Top-Up” means the process of adding Credit your Account by credit card, debit card, airtime voucher, e-top up or otherwise;
"UK" means the United Kingdom excluding the Isle of Man and the Channel Islands;
“Unbundled Tariff Number” means a non-geographic number starting 084, 087, 090, 091, 098, or 118.
"VAT" means value added tax chargeable under the Value Added Tax Act 1994 (or its successor Acts) and any similar replacement or additional tax;
"we", "us" and "our" means iD Communications Limited of Star House, 20 Grenfell Road, Maidenhead, Berkshire, SL6 1EH; and
"you" and "your" means the customer with whom we make this Agreement, and it includes a person who we reasonably believe is acting or using the Services with your authority or knowledge.
2. Our Provision of the Services
2.1 This Agreement relates to your purchase and use of the Services. This Agreement does not cover any other products or services that you may purchase from us.
2.2 This Agreement will start when we connect you to the Network. By inserting your SIM Card into a Mobile Device you are expressly requesting that we provide you with the Services.
2.3 We will exercise all reasonable skill, care and diligence in providing the Services to you. We do not warrant that the Services will meet your exact requirements or that they will always be available.
2.4 The Services may not be available in all parts of the United Kingdom, in the EEA or abroad. The Services may also not be available outside the EEA unless you have international roaming and in any event may not be available in all areas abroad.
2.5 The Services are not fault free and may be impaired by issues including:
(a) too many people trying to use the Network;
(b) geographical, topographical, atmospheric, or other conditions (including buildings and underpasses);
(c) repair, maintenance and upgrade works to the infrastructure used to provide the Services; and
(d) circumstances beyond our reasonable control.
2.6 If you instruct us to alter your use of the Services (including changes to any Payment Method or Top-Up method) we will use reasonable endeavours to do so as soon as possible. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of any delay.
3.1 This Agreement will start when we open an Account for you following Registration. By inserting your SIM you are expressly requesting that we provide you with our Services.
3.2 You must Register an Account within six months of the date on which you purchase the Device. We shall not be obliged to provide you with the Introductory Period if you fail to Register an Account in this time period.
3.3 The Introductory Period under this Agreement will start when you Register your account on the Website or via our mobile app available through the Google Play Store.
3.4 Upon expiry of the Introductory Period, you will need to apply Credit to your account or purchase Additional Services in order to continue to use the Services.
4. Provision of the Services
4.1 The Services which we agree to provide to you may not be available in all parts of the UK or abroad. Unless you have purchased a TakeAway plan, we will provide roaming services in the EEA in accordance with applicable legislation. We reserve the right to add to, substitute, or to discontinue any part of the Services at any time. We do not guarantee the continuing availability of any particular part of the Services. Not all devices will be able to receive the Services.
4.2 The Services are not fault free and they may be impaired by too many people trying to use the Network, geographical, topographical, atmospheric, or other conditions (including buildings, underpasses and other causes of interference) and/or circumstances beyond our reasonable control.
4.3 If you use your SIM Card abroad, you will be charged for the calls that you receive as well as for those that you make except when you roam in the Economic European Area in which case, subject to our Fair Use Policy, your voice and SMS usage will be charged at the same rate as the UK rate and your data allowance will be calculated in accordance with the EU Roaming Regulations. Charges incurred using your roaming service may take longer to be charged than normal Charges.
4.4 The Services may be used by you to access or link into websites, resources and/or networks based outside of the UK. We accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.
4.5 Devices which can be used to access the Services may be locked to our network. If your device is locked and you want it to be unlocked from our network, you can contact us and we can help to arrange for your device to be unlocked (where we are able to) in an authorised manner (which may include replacing your device with an unlocked device, which is the same or similar specification to your device).
4.6 Prior to us arranging for your device to be unlocked, you must ensure that you back-up or otherwise store separately any of your information or other data on the device which you may need, as this may be lost during the device unlocking process. We're not responsible for any information or any other data which may be lost during the unlocking process.
4.7 You are able to use the Service to call the emergency services. Your number will be shown to the emergency operator. When making an emergency call, your location information will be provided to the emergency operator to the extent technically feasible.
4.8 If the PAC / N-PAC process is delayed and the delay is our fault, you may be entitled to Porting Delay Compensation in the form of one-off reimbursement of a portion of your Charges. Contact ID customer services to find out more.
5. Your responsibilities
5.1 You may Register an Account in order to use the Services and benefit from the Introductory Period. Your SIM Card may be barred from the Services until you have completed Registration.
5.2 It is your responsibility to provide accurate Personal Information during the Registration process. Failure to do so will result in an inability to pass Data Protection regulations and security processes if you need to contact Us and provide verification information. It is a condition of this Agreement that you provide us with a current email address for account management purposes and that you maintain this address and advise us promptly of any changes to it.
5.3 You may only use the Services as set out in this Agreement and for your own personal use. This means you must not resell or commercially exploit any of the Services or content.
5.4 You must not use the Services, the SIM Card or any Equipment or allow anyone else to use the Services, the SIM or any Equipment for illegal or improper uses, including but not limited to:
5.4.1 fraudulent, criminal or other illegal activity;
5.4.2 any way which breaches another person's rights, including copyright or other intellectual property rights;
5.4.3 the copying, storage, modification, publishing or distribution of the Services or their content, except where we give you permission in writing;
5.4.4 any way which breaches any security or other safeguards or any other way which harms or interferes with the Network, the networks or systems of others or Services;
5.4.5 falsifying or deleting any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; or
5.4.6 the use or disclosure of details relating to our customers.
5.5 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Services and account. You must only use your Device for connection to the Network and also comply with all relevant legislation relating to its use.
5.6 You agree to use your SIM Card and the Services in accordance with the terms of this Agreement and any User Guides or other instructions issued by us. You acknowledge that the SIM Card provided by us to you does not belong to you but remains our property and that you cannot sell your SIM Card or agree to transfer any number associated with it (other than through the standard porting process) without our consent.
5.7 If the SIM Card is lost, stolen, damaged, destroyed or used in an unauthorised manner we may charge you the amount specified in the List of Charges for reconnection. You will be responsible for any Charges incurred as a result of unauthorised use of the Services and/or the SIM Card, or the information contained within your SIM Card, until you have notified us of the need to suspend the Services.
5.8 You must not use the Services for any improper, immoral, obscene, defamatory, harmful, offensive or otherwise unlawful purpose. You must comply with any instructions we give you about the Services and, unless agreed otherwise, you must not reverse the charges on any telephone call or accept a reverse charged call.
5.9 You must not use or permit any other person to use the Services:
5.9.1 fraudulently or in connection with a criminal offence;
5.9.2 to send a call or message, send, upload, download, use or re-use any material which may reasonably be deemed racist, offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax (including to the operators who deal with enquiries concerning the Services), in breach of any intellectual property rights or confidence or privacy or which is otherwise objectionable or unlawful;
5.9.3 to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003 as amended or replaced from time to time; or
5.9.4 to generate Artificially Inflated Traffic.
5.10 You must not connect a GSM Gateway to the Network or otherwise establish, install or use a GSM Gateway in relation to the Network or the Services without our prior written consent, which may be withheld at our absolute discretion.
5.11 You agree that you are procuring the SIM Card provided by us to you and the Services solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card or the Services.
5.12 Your SIM Card can only be used in conjunction with current commonly used 3G or higher device technologies and cannot necessarily be used with new technologies that emerge in the future. Your SIM Card and/or Device cannot be used in conjunction with or as a modem, dongle or Mobile Hotspot device unless stated at point of sale.
5.13 You must tell us immediately if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Services or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
6. Problems with the Device
6.1 Please contact the retailer from whom you bought the Device if you have any problems with it.
7. Problems with the Services
7.1 Please contact us if you have any problems with the Services. Please visit iD Mobile Limited’s website for methods of contact – www.idmobile.co.uk/contactus.
7.2 If you no longer want to continue using the Services, we recommend you destroy the SIM card and not return the SIM card to us. It will automatically disconnect after 4 months of no chargeable Service, Top-Up or Bundle purchase and you will not be refunded for any remaining Top-Up credit. Please note, that you must request a PAC code if you want to transfer your number to another network.
8. Things we may have to do
8.1 Occasionally we may have to:
8.1.1 alter a name, code, number or technical specification associated with the Services for reasons beyond our control such as where requested to do so by a governmental or regulatory body or where we reasonably believe that the alteration will enhance your use of the Services. If this is the case we will give you reasonable notice;
8.1.2 change your SIM Card;
8.1.3 recall or replace your Device;
8.1.4 give you instructions which we believe are necessary for reasons of health, safety or the quality of Services to you or any other customer;
8.1.5 temporarily suspend the Services (or any part of them) for operational reasons or in an emergency or for reasons of security; or
8.1.6 bar certain parts of the Services on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.
8.2 From time to time we may have to migrate your account from one platform to another. In these circumstances, we will notify you if migration of your account will affect the Services to your detriment in any way.
8.3 If we believe that we may be unable to continue to provide the Services for any reason we may transfer the number associated with your SIM Card to another network. On transfer, we will continue to make available to you the Services, or similar services.
8.4 We reserve the right to monitor your usage, if we reasonably determine that your use is in breach of any applicable Fair Use Policy, we may do one or all of the following:
8.4.1 request you to moderate your use; or
8.4.2 suspend your Service.
8.5 At certain times the Network traffic will be managed when it begins to affect other customers on our Network that are also using, or trying to use, the Services. We may publish an acceptable use policy and a traffic management policy which provide more details about the rules for use of certain services in order to ensure that use of the Services is not excessive, to combat fraud and where the Services we offer or may introduce require certain rules to ensure they can be enjoyed by our customers. The Services are at all times subject to our Fair Use Policy and any other policy we adopt. If we publish a further policy, we will let you know. Such a policy may be amended from time to time, for instance, if we discover that the Services are being used fraudulently or for fraudulent purposes, or the excessive use of certain services is causing problems for us, our systems or for other users, or if we introduce new services which may require certain rules to ensure that such new services can be enjoyed by our customers. Again, we will let you know if this happens.
9. Our right to bar or disconnect
9.1 We can at our discretion bar your SIM Card from sending or receiving data and/or disconnect your SIM Card from the Network if:
9.1.1 any of the circumstances in clauses 8, 5.9 or 5.10, apply to you;
9.1.2 in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a payment method, your SIM Card, Account and/or Device; or
9.1.3 if you are persistently abusive or make threats or otherwise act illegally towards our staff or property, or that of our agents.
9.2 You must pay any reconnection costs if we bar your access to the Services and/or your Device or SIM Card are disconnected from the Network.
9.3 If we bar your Services because you breach this Agreement, the Agreement will still continue until it is ended by notice in accordance with clause 10.
9.4 We will not refund any unused Credit during or after expiry of the Introductory Period if we exercise our right to disconnect or bar you from the Network
10. Suspension and termination of the Agreement
10.1 You may terminate this Agreement by contacting us. Please visit iD Mobile Limited’s website for methods of contact – www.idmobile.co.uk/contactus to give us notice of termination. You will not be able to claim back any Credit on your Account or any sums in relation to any unused part of the Introductory Period. This Agreement will terminate once we have processed your request over the telephone.
10.2 Either of us may terminate this Agreement at any time on notice (in accordance with clause 4 below) to the other, without any liability, if that other party (the "Defaulting Party"):
10.2.1 breaches this Agreement in a material way and does not put it right (where it is possible to do so) within a reasonable period after a request to do so; or;
10.2.2 has bankruptcy or insolvency proceedings brought against them, or if an arrangement with creditors is made, or a receiver or administrator is appointed over any of that Defaulting Party's assets or that Defaulting Party becomes bankrupt or goes into liquidation.
10.3 We may terminate this Agreement at any time on notice (in accordance with clause 4 below), without liability, if:
10.3.1 we have reasonable cause to suspect a fraudulent payment has been made to purchase the Device, the SIM Card or the Services;
10.3.2 we have reasonable cause to suspect that this Agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of the SIM Card or any Equipment is taking place; or
10.3.3 you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network such as for example creating a GSM Gateway, Artificially Inflated Traffic or similar.
10.4 You may also end this Agreement, without penalty, immediately by notifying us if:
10.4.1 the Services are no longer available to you for a significant period of time (such a period not to be less than 7 days: or
10.4.2 we notify you of an upcoming change or variation of the terms of this Agreement in accordance with clause 1 and you notify us before those changes take effect.
10.5 We may also end this Agreement immediately by notifying you:
10.5.1 where we have reasonable cause to believe that the Services are being used (even if you do not know that the Services are being used in such a way) in a way contrary to clause 2 to 5.11 (inclusive);
10.5.2 we have reasonable cause to suspect the SIM Card, the Device and/or the Services have been purchased through fraudulent means or that this Agreement has been entered into fraudulently; or
10.5.3 if you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network.
10.5.4 if there is no chargeable activity for 120 days or more. We will notify you via SMS after 90 days of no chargeable activity.
10.6 If you wish to terminate this Agreement, please visit iD Mobile Limited’s website for methods of contact – www.idmobile.co.uk/contactus.10.7 If this Agreement is ended;
10.7.1 your access to the Services will be disconnected;
10.7.2 Any unused Credit or will be lost (whether or not this Agreement is ended during the Introductory Period); and
10.7.3 you will no longer be entitled to use any number associated with your SIM Card unless you have ported the number to another network.
10.8 We may suspend or terminate the provision of the Services where this is strictly necessary:
10.8.1 for reasons outside of our control; or;
10.8.2 if any agreement, giving us access to any part of or the ability to provide the Services is suspended or terminated.
10.9 If the Services are suspended, this Agreement will still continue.
10.10 If we elect to suspend the Services rather than to terminate them as a result of your breach of the terms of this Agreement, we reserve the right not to provide them again until you confirm that you will use the Services only in accordance with the terms of this Agreement. We will continue to provide access to emergency services.
10.11 Notwithstanding the provisions of this clause, you may be able to terminate this Agreement in accordance with the terms of sale (or similar) that apply to you.
10.12 If, when your agreement with us ends, you would like to move to another network provider, you can do so by using either the PAC or N-PAC process. The following terms apply:
10.12.1 The PAC process must be used when you wish to switch your provider and keep, or port your number.
10.12.2 The N-PAC process (also known as STAC) must be used by when you do not wish to port your number. Using the N-PAC process means that your existing mobile number from the previous provider will be terminated and you will not be able to reactivate it
10.12.3 You can request your unique codes by text: for PAC, text to 65075, for N-PAC text to 75075, or for INFO text to 86075; you can also request them online in MyAccount via idmobile.co.uk/myaccount or by calling iD customer services on 7777 using your iD phone.
10.12.4 You will not be charged for any notice period after the PAC / N-PAC process has been completed.
11. Internet Access
11.1 The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your Device and the information stored on it. These programs may perform actions that you have not authorised, possibly without your knowledge.
11.2 We or our contractual partners may provide links to other websites or resources. We neither accept responsibility for third party websites or resources nor endorse their Content. Your dealings with, and interest in, promotions, goods, services, digital content or merchants found by using your Device are solely between you and the person with whom you are dealing. You are solely responsible for evaluating the accuracy and completeness of any of the Content and the value and integrity of goods, services or digital content offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods, services or digital content or for any losses or damages that may arise from any such dealings with third parties except in the case of negligence on our part.
11.3 For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Services whether publicly posted or privately transmitted, is the sole responsibility of the person from which such information originated. This means that you, and not us, are entirely responsible for all information that you upload, email or otherwise transmit via the Internet.
11.4 We will use reasonable endeavours to maintain the Content produced or published by us but it may be incomplete, out of date or inaccurate and is provided on an "as is" basis. It is a condition of us allowing you access to the Content that you accept that we will not be liable for any action you take in reliance on the Content. We may vary the Content or the technical specification of the Services from time to time.
11.5 The Services enable access to the Content. You may only use the Content in a way that does not infringe the rights of others and you must comply with all other instructions issued by us regarding use of Content. The reselling, copying or incorporation into any other work of part or all of the Content in any form is prohibited save that you may print or download extracts of the Content for your personal use only.
11.6 Once you have Registered to use the Services, your Internet access provided through the Services will have been programmed so that you are barred from accessing Content that we deem to be reserved for adult audiences. The ability to access adult Content is subject to status and us being satisfied that you are over 18 years of age. If you want to have your Services unbarred, then you should amend your adult content filter within the iD App or MyAccount www.idmobile.co.uk/myaccount or contact us. Please visit iD Mobile Limited’s website for methods of contact –www.idmobile.co.uk/contactus. For more information on the adult content filter, please visit www.idmobile.co.uk/help-and-advice/content-control-information.
12.1 The Charges for the Services will be made in accordance with our List of Charges using the details we have recorded. The List of Charges may change from time to time.
12.2 You are responsible for all Charges arising under this Agreement whether incurred by you or anyone else using your Device and/or SIM Card with or without your knowledge at the times and in the manner set out in this Agreement.
12.3 Upon expiry of the Introductory Period, you will be required to purchase Credit in order to use the Services. You will not be able to use the Services if you have no Credit on your Account or allowances which provide access to the Services. Credit and allowances are non-refundable. Upon expiry, any unused Credit or allowances will be lost.
12.4 Unless an additional Top-Up has been made, any unused Credit will expire after a period of 365 days from the date of purchase and unused allowances will expire as specified and this is non-refundable.
12.5 If you don't apply any Credit to your account, purchase a bundle, or make a chargeable event within 4 months of the expiry of the Introductory Period or, if later, the date you last applied Credit to your Account, your Account may be disconnected.
12.6 If we provide you with Credit to your account (for example, as a goodwill gesture), such Credit will be deducted against your Charges until the Credit has been used. This Credit cannot be redeemed for cash and any unused credits are non-refundable upon disconnection or termination of this Agreement.
12.7 You will have to pay for replacement SIM Cards at the price as stated in our List of Charges at that time.
12.8 Additional data charges may apply when used outside the UK and the EEA and you will have to purchase Credit or Additional Services to use the Services outside of the UK and the EEA.
12.9 If you have access to the Services outside of the Introductory Period, you must have a balance greater than or equal to zero to retain the Services, or any additional allowances purchased through your Account.
12.10 Calls made by Pay As You Go customers in the UK to eligible UK numbers, are charged or deducted per minute (rounded up to the nearest minute) with a 1 minute minimum charge.
12.11 For all customers, calls made in the UK to eligible international numbers are charged in one minute increments rounded up to the nearest minute.
12.12 When roaming in the EEA, charges for calls you make will be charged or deducted per second (rounded up to the nearest second) with a 30 second minimum charge. When roaming other than in the EEA, you will be charged for the calls you make and receive by the minute or less and any part minute will be rounded up to the nearest whole minute or less. This is dependent on the location you are roaming in. Details of these charges will be set out in our List of Charges. MMS or SMS messages made outside the EEA may be charged other than in whole penny increments. Within the EEA, SMS messages will be deducted from your domestic allowance and MMS, from your data allowance.
12.13 UK Data usage made by Pay As You Go customers are charged or deducted, in one kilobyte (KB) increments and any part KB used will be rounded up to the nearest KB.
12.14 The Access Charge you pay is set at £0.45 per call to an Unbundled Tariff Number.
13. Limitation of liability
13.1 We will not be liable under this Agreement for any loss or damage caused by circumstances where:
13.1.1 there is no breach of a legal duty of care owed to you by us;
13.1.2 such loss or damage is not a reasonably foreseeable result of any such breach; or
13.1.3 such loss or damage results from the breach by you of any term of this Agreement.
13.2 Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
13.3 Nothing in this Agreement shall:
13.3.1 exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
13.3.2 limit your rights as a consumer under applicable UK law.
13.4 All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
13.5 Each provision of this clause operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after the Agreement has been terminated or cancelled.
14. Matters beyond our reasonable control
14.1 Neither of us shall be liable to the other if we cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, terrorism, war, military operations, national or local emergency, civil disorder, industrial disputes (whether or not involving our employees), acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities.
15. Use and disclosure of information
15.1 We need to collect certain Personal Information in order to provide you with the Services. This Personal Information will form part of a record of your dealings with us.
15.2 When you contact us, we may ask for certain Personal Information to be able to check your identity and we may make a note of this. We will keep Personal Information given to us by you or others during your relationship with us and other companies in the Group (and the Manager’s Group). This includes:
15.2.1 details you give us on order forms or during communications with you; and
15.2.2 details we receive from credit reference and fraud detection agencies.
15.3 You agree that we may use and update your Personal Information:
15.3.1 to manage your accounts;
15.3.2 to make credit, fraud and identity checks on you (i) prior to accepting any order; and (ii) subsequently for the purpose of risk assessment, debt collection and fraud prevention whilst you retain a financial obligation to us;
15.3.3 to provide you with goods and/or services that you have ordered;
15.3.4 to prevent and detect fraud, crime and money laundering;
15.3.5 to update our records about you; and
15.3.6 to check your identity;
15.3.7 to segment our customer base and help us develop offers, products and services to provide you with the best customer experience;
15.3.8 where we have your permission to, we will market and advertise our Services, iD products and occasionally third party products and services that may be of interest to you including third party offers, promotions, advertisements, competitions or commercial communications by telephone (mobile and landline when available), post, electronic messaging (including SMS and MMS), email or online or via applications;
15.3.9 to recommend packages for you based on your use of the Services e.g. if you regularly exceed your voice or data plan, we may suggest you moving to a better Tariff;
15.3.10 to contact you to invite you to form part of our consumer panel or research groups about our products and services or customer satisfaction surveys (you may be contacted by third parties on our behalf); or
15.3.11 to provide you with personalised services and communications as well as targeted advertising from iD on our website and selected partner websites.
15.4 If you give us false or inaccurate information or we identify fraud, we may record this.
15.5 We may use and disclose information about you and how you run your accounts to credit reference, law enforcement and fraud prevention agencies.
15.6 Credit reference agencies may pass the Personal Information that they received from us to other organisations in the performance of credit and/or fraud checks. Your Personal Information together with any additional information held by credit reference agencies and fraud prevention agencies may also be used to trace your whereabouts and recover debts that you owe.
15.7 Information held about you by credit reference agencies may be linked to records of people who are financially linked to you. We and other organisations may use credit reference agency and fraud prevention agency records that we receive about you, and people financially linked to you to help make decisions about you and them.
15.9 We may use your Personal Information for research and statistical analysis, to develop and improve our products and services.
15.10 When assessing an application, we may use automated decision-making systems.
15.11 Your Personal Information is confidential and, although we may freely disclose it to other companies within the Group (and the Manager may disclose within its Group), we will only disclose it outside the Group when:
15.11.1 you give us your consent;
15.11.2 it is needed by certain reputable third parties involved in running accounts and/or providing services for us;
15.11.3 it is needed in order to obtain professional advice;
15.11.4 it is needed to investigate or prevent crime;
15.11.5 the law permits or requires it, or any regulatory or governmental body requires it, even without your consent; or
15.11.6 there is a duty to the public to reveal the Personal Information.
15.12 We may administer your account and provide services from countries outside Europe that may not have the same data protection laws as the UK. However, we will have contracts or other legal mechanisms in place to ensure your Personal Information is adequately protected, and we remain bound by our obligations under the Data Protection Act even when your Personal Information is processed outside Europe.
15.13 We may monitor, record, store and use any telephone, email or other electronic communications with you for training purposes, to check any instructions given to us and to improve the quality of our customer service.
15.14 Where we process sensitive Personal Information, we will employ appropriate security measures and safeguards.
15.15 If you would like us to tell you what information we hold about you, or if you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you, please write to us at: iDMobile SAR, PO Box 689, SALFORD, M5 OPD enclosing:
15.15.1 your full name, address, and mobile number;
15.15.2 proof of your identity (this can be a photocopy of your passport, birth certificate or driver's licence);
15.15.3 proof of your address (this can be a recent credit or debit card statement or a photocopy of a utility bill showing the same name and address as on your Account and which is no more than three months old); and15.17 With your consent, we will contact you with marketing material. You can make changes to your marketing preferences and/or correct or update any inaccurate or incomplete information at any time by logging onto My iD at www.idmobile.co.uk/myid and visiting the My Account area, as well as the iD app.
15.18 We may pass your information to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your Device or it is stolen from you. Please visit iD Mobile Limited’s website for methods of contact – www.idmobile.co.uk/contactus if you do not want your information to be passed to MEND and/or SEND.
15.19 It is your responsibility to ensure that you notify any change of device to MEND and SEND to ensure that there is no interruption of their service to you.
15.20 If you give us information about another person, you confirm they have given you permission to provide it to us and for us to be able to process their personal information. You must also confirm that you have told them who we are and the basis on which we will use their information.
16. Call monitoring
16.1 All calls to the iD Customer Services Representatives may be recorded for quality monitoring, training purposes, the prevention of unauthorised use of our telecommunications systems, effective systems operation and the prevention or detection of crime.
17.1 You may send us notices under or in connection with this Agreement. Please visit iD Mobile Limited’s website for methods of contact – www.idmobile.co.uk/contactus.
17.2 Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should retain.
17.3 We may send notices to you under or in connection with this Agreement:
17.3.1 by posting them to the address of which you have informed us;
17.3.2 by SMS, if you have provided us with your mobile phone number,
17.3.3 by email to the email address you provided during Registration; or
17.3.4 by push notification to your Mobile Device.
17.4 Notices sent by post will be deemed to have arrived at their destination within 3 working days after posting and notices delivered by hand or given by SMS or email shall be deemed to have been delivered the day after the day the notice is sent.
18.1 If you ever wish to complain about the Services, we will endeavour to handle such complaints fairly, efficiently and confidentially. Please visit our website for details of our complaints procedure – www.idmobile.co.uk/help-and-advice/complaints-procedure.
18.2 If we can’t resolve your query, you may ask that the matter is referred to an independent ombudsman, the details of which are available on our website – www.idmobile.co.uk/help-and-advice/complaints-procedure or by contacting us. Please visit iD Mobile Limited’s website for methods of contact – www.idmobile.co.uk/contactus.
18.3 If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the UK.
19. Changes to this Agreement
19.1 Subject to clauses 2 and 19.3 below, we reserve the right to change the terms and conditions of this Agreement, including any Charges, at any time, save that we will not make any alterations to the Introductory Period unless this is due to circumstances outside our control.
19.2 We will give you notice of any changes either by writing to you, emailing you or sending you an SMS, in addition to which we will publish them on our Website.
19.3 If any changes to this Agreement are likely to disadvantage you, we will give you at least one month's notice of such changes. In turn, you may end this Agreement in accordance with clause 6. Your continued use of the Services will signify your acceptance of such changes and you will be bound by them accordingly.
20. Transferring this Agreement
20.1 We can transfer the benefit and you agree that we can transfer the obligations under this Agreement to any third party (including, without limitation, any member of the Group), without notice to you or your consent. We have subcontracted the administration and management of the services we provide to iD Mobile Ltd the “Manager”).
21. Third parties
21.1 Other than as provided for under Clause 19.1 above, nobody but you and us can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.
22.1 You may not transfer this Agreement to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.
22.2 If you or us break this Agreement and the other chooses to overlook it, this will not prevent the other from taking further action at a later time. Further, if you breach this Agreement in a manner that allows us to terminate the Services but we elect just to suspend them instead, we can still end this Agreement if you breach it again.
22.3 When you use your SIM Card, the identity of your mobile phone number may be sent through the networks so as to be identified to the phone being called. It may be used to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion. The identity of your mobile phone number will always be sent if calling 999, 911 or 112.
22.4 If the facility to eliminate the presentation of the number of an incoming call is made available, we may charge you for the use of such a facility at the price as stated in our List of Charges from time to time where we consider your use of such facility to be unreasonable. If you do not want your number displayed on receiving handsets key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your mobile phone number on receiving handsets.
22.5 For your own protection, you must keep confidential the electronic serial number of your Mobile Device, any lock code(s) associated with your Mobile Device, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence.
22.6 We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to the digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed. Please also read carefully the instructions provided with your Mobile Device. Depending upon the manufacturer and model, your Mobile Device may send information stored on it and receive information to and from certain third parties without your knowledge.
22.7 You must tell us promptly in writing if you change your name and address or there are any changes to your bank account or payment card arrangements that may affect your payment of the Charges.
22.8 These conditions also apply if you lend or give your Mobile Device to someone else.
23. Customer Services PIN
23.1 You will be provided with a Customer Services PIN number via SMS when your order for a Post-Pay Tariff has been accepted by us. You will be required to change your PIN the first time you call iD Customer Services Representatives, and it is your responsibility to protect your PIN. This may also be found and changed via the iD app or My Account at www.idmobile.co.uk/myaccount.
23.2 A Customer Services PIN number allows to you to interact with iD Customer Services Representatives and access information regarding your account, including (but not limited to) your outstanding balance and usage and allowance information, purchasing Additional Services and bundles, activating/deactivating any Additional Services you may have on your account and performing manual payments. Please note that our customer services team will be unable to discuss any account details with you unless we can verify your identity (using the PIN or security questions).
24.1 You confirm that you have full contractual capacity to agree to this Agreement and you confirm that you are able to pay the Charges under this Agreement.
25. Governing law and jurisdiction
25.1 This Agreement shall be governed by English law, unless you live in Scotland in which case, this Agreement shall be governed by Scots law.
26. Refurbished and Grade A Devices
26.1 We currently range two different grades of device, with the top grade being ‘Refurbished’.
26.2 Our ‘Refurbished’ phones are handsets that been thoroughly restored to an ‘as new’ standard, free from any blemishes or marks, passed rigorous quality control tests, and come with a 12 month warranty and with the same returns policy as a new handset for complete piece of mind.
26.3 What to expect from a refurbished, as new phone:
26.3.1 Completely refurbished front and back to an ‘as new’ standard free from any blemishes or marks
26.3.2 Security wiped with no content or contacts
26.3.3 Comes with the latest operating system
26.3.4 Comes in a plain white box, not in original packaging, but includes a charger.
26.3.5 12 months warranty as standard
26.3.6 User manuals can be downloaded from the manufacturer’s website.
26.4 Our ‘Grade A’ phones are handsets that have been thoroughly restored to Grade A, passed rigorous quality control tests, and come with a 12 month warranty and come with the same returns policy as a new handset for complete peace of mind.
26.5 What to expect from a Grade A phone:
26.5.1 Some superficial scratches / scuffs on the back, sides and / or screen
26.5.2 No cracks on the screen and no more than 5 deep scratches or chips of up to 2mm in length
26.5.3 Security wiped with no content or contacts
26.5.4 Comes with the latest operating system
26.5.5 Comes in a plain white box, not in original packaging, but includes a charger.
26.5.6 12 months’ warranty as standard
26.5.7 User manuals can be downloaded from the manufacturer’s website.