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iD pay as you go terms and conditions



ID MOBILE PAY AS YOU GO TERMS AND CONDITIONS
NOVEMBER 2016

1.    Definitions

In this Agreement, certain words shall have the following meanings:

“Account” means your airtime account for the Services linked to your SIM Card;

"Agreement" means these terms and conditions (together with such other terms as may be notified to you from time to time) and our Privacy Policy;

"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;

“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;

"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;

"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;

"List of Charges" means the list detailing all our Charges (including call Charges) which is available on our website or by contacting 03330037777;

"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;

"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;

“Recurring Bundle” means a set monthly allowance of the Services comprising minutes, texts and/or data which shall recur each calendar month;

“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;

"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. The Services may also not be available abroad 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.    Your Responsibilities

3.1    The Services are not provided to meet your exact requirements and you must satisfy yourself that your Mobile Device is compatible for use with the Services and that the Services meet your needs.

3.2    You must provide accurate information when you Register an Account and keep this information updated during the term of this Agreement. Failing to do so may affect our ability to verify your identity and may prevent you from accessing the Services. We do not accept any liability arising out of your failure to provide or maintain accurate information.

3.3    The Services are for personal use only and must not be resold or commercially exploited.

3.4    You must not use the Services or the SIM Card, nor allow anyone else to do so, for illegal or improper uses, including but not limited to use which:

(a)    is defamatory of any person;
(b)    is obscene, offensive, hateful or inflammatory;
(c)    promotes violence;
(d)    promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(e)    breaches any intellectual property rights;
(f)    is likely to deceive any person or misrepresents your identity or affiliation with any person;
(g)    breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(h)    promotes any illegal activity.
(i)    is threatening, abusive or invasive of another’s privacy, or causes annoyance, inconvenience or needless anxiety (including the making of hoax telephone calls);
(j)    is likely to harass, upset, embarrass, alarm or annoy any other person;
(k)    advocates, promotes or assists any unlawful act;
(l)    breaches any security or other safeguards or any other way which harms or interferes with the Network, the Services or the networks or systems of others;
(m)    establishes, installs, connects to or otherwise uses a GSM Gateway; or
(n)    generates Artificially Inflated Traffic.

3.5    You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Services and your Account.

3.6    You must use your SIM Card and the Services in accordance with the terms of this Agreement and any other instructions issued by us. You acknowledge that the SIM Card provided to you does not belong to you and remains our property. You must not sell your SIM Card, phone number, code or transfer them other than through the standard mobile number porting procedure.

3.7    You are responsible for any Charges incurred through the unauthorised use of the Services through your SIM Card until you notify us that your SIM Card has been lost or stolen.

3.8    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 and you must, at our request, immediately stop any act or acts complained of and provide us with reasonable assistance.

4.    Things We May Have To Do

4.1    Occasionally we may have to:

(a)    alter the mobile phone number or any name, code or number or technical specification associated with the SIM Card or the Services for reasons beyond our control;
(b)    change your SIM Card;
(c)    give you instructions which we believe are necessary for reasons of health, safety or the quality of Services to you or any other customer;
(d)    temporarily suspend the Services (or any part of them); and
(e)    bar certain numbers from the Services on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.

4.2    From time to time we may have to migrate your account from one billing platform to another. In these circumstances we will notify you if migration of your account will adversely affect the Services.

4.3    If we believe that we may be unable to continue to provide the Services on a particular network for any reason we may transfer the mobile phone number to another network. On transfer we will continue to make available to you the Services, or similar services.

4.4    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:

(a)    request you to moderate your use; or
(b)    suspend your Service.

4.5    We reserve the right to manage data traffic across the Network for the benefit of all of our customers as a whole. We may publish and update an acceptable use policy from time to time, including a traffic management policy outlining details of our approach to traffic management. We will inform you as soon as possible if we decide to introduce such a policy.

5.    Our Right to Bar or Disconnect

5.1    We may at our discretion bar your SIM Card from making calls (other than emergency calls), sending SMS and MMS messages and sending and receiving data, or disconnect your SIM Card from the Network if:

(a)    we reasonably suspect you are in breach of this agreement;
(b)    your Mobile Device or details of your Payment Method are lost or stolen;
(c)    we reasonably suspect fraudulent use of a Payment Method, your SIM Card or Mobile Device; or
(d)    you are persistently abusive or cause nuisance to our staff, our agents or third parties.

6.    Suspension and Termination of the Agreement

6.1    This Agreement terminated by:
(a)    you contacting us with notice of termination;
(b)    you porting your mobile phone number to another mobile network; or
(c)    us by giving you 30 days’ written notice.

6.2    We may terminate this Agreement at any time on notice and without liability to you, if:
(a)    we reasonably believe you have breached any of the terms of this Agreement;
(b)    we reasonably believe your Payment Method has been used fraudulently to purchase your SIM Card or pay for Top-Ups and/or Bundles;
(c)    we reasonably believe this Agreement has been entered into fraudulently;
(d)    we reasonably believe the Services are being used fraudulently or improperly; or
(e)    you do anything (or allow anything to be done) which we reasonably believe may damage or affect the operation of the Network, such as creating a GSM Gateway or generating Artificially Inflated Traffic.

6.3    If this Agreement is terminated:
(a)    your access to the Services will be disconnected;
(b)    you will no longer be entitled to use your mobile number unless you have ported it to another network; and
(c)    you will lose any Credit remaining on your Account.

6.4    We may suspend or terminate the provision of the Services where this is strictly necessary:
(a)    for reasons outside of our control; or;
(b)    if any agreement, giving us access to any part of or the ability to provide the Services is suspended or terminated.

6.5    If the Services are suspended, this Agreement will still continue.

6.6    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 we are satisfied you will use the Services in accordance with the terms of this Agreement.

7.    Internet Access

7.1    The Services will allow you to access the Internet through a suitable Mobile Device. We have no control over the contents of websites or online resources which are not owned or operated by us. You must satisfy yourself of the accuracy or completeness of any information you rely upon when accessing the Internet through the Services, including any information relating to the online purchase of goods, services or digital content. We do not accept any liability for loss or damage suffered through your use of the Internet as part of the Services unless this is attributable to our negligence.

7.2    You must ensure you are entitled to access any websites, resources and networks before doing so and you must adhere to any applicable terms of access. We do not accept any liability for loss or damage arising out of your use or misuse of any websites, resources or networks.

7.3    We shall not provide access to any part of the Services which we deem appropriate for adult audiences only unless you specifically request access to such part of the Services. You may request access to such part of the Services through your Account or by contacting us. We shall take all reasonable steps to verify you are aged over 18 years, which may include carrying out credit checks against you.

8.    Charges

8.1    We shall deduct the Charges incurred through use of the Services, whether incurred by you or anyone else using your Mobile Device or SIM Card, with or without your knowledge. We shall calculate the Charges in accordance with our List of Charges, which may change from time to time.

8.2    You may purchase Credit to pay for the Services by using the following Top-Up methods:
(a)    Purchasing a Bundle, the allowances of which shall be deducted against the Charges as they are incurred;
(b)    purchasing out-of-bundle Credit, which shall be deducted against the Charges in accordance with our List of Charges;
(c)    setting up an Auto Top-Up in your Account, which shall automatically apply an amount of Credit determined by you each time your balance reaches £2.00; or
(d)    purchasing a Recurring Bundle, which shall automatically apply a Bundle selected by you every calendar month from the date on which it was first applied to your Account.

8.3    You will not be able to use the Services if you have no Credit, active add-ons or Bundles applied to your Account.

8.4    You shall not under any circumstances be entitled to a refund of the value of any Top-Up or Bundle applied to your Account. This does not affect your legal rights.

8.5    Any unused Credit will expire:
(a)    365 days from the date of purchase;
(b)    in relation to any unused Credit as part of a Bundle, one calendar month after the date of Top-Up;
(c)    in relation to any unused Credit as part of a Recurring Bundle only, upon renewal of that Recurring Bundle; or
(d)    upon termination of this Agreement.

8.6    Recurring Bundles will be charged to your Payment Method approximately six hours before your Recurring Bundle is due to renew. You may amend or cancel a Recurring Bundle at any time except:
(a)    in the 24-hour period prior to a scheduled recurrence when requesting a change through contact with our customer services team; or
(b)    in the six hour period prior to a schedule recurrence when making a change through your Account, whether through the iD mobile application or the iD website.

8.7    The renewal of a Recurring Bundle will not diminish any Credit or Bundle applied to your Account separately from the Recurring Bundle unless Clauses 8.5(a) or 8.5(d) apply.

8.8    Eligible Calls made in the UK are deducted in one second increments rounded up to the nearest whole minute. Eligible Calls that last under one minute are rounded up to one minute, Eligible Calls over one minute are rounded up to the nearest whole minute.

8.9    Data used in the UK shall be deducted in one kilobyte increments rounded up to the nearest whole kilobyte.

8.10    Calls made in the UK to international numbers are charged in one minute increments rounded up to the nearest whole minute.

8.11    Roaming Charges will vary depending on the location you are roaming in. If you are abroad and you are entitled to roam, you will typically be charged for calls you make and receive charged in one minute increments rounded up to the nearest whole minute. SMS and MMS messages may be charged otherwise than in whole penny increments. Details of our Charges are set out in our List of Charges.

8.12    Unless otherwise stated, call prices are quoted by the minute and include VAT. Each call is charged excluding VAT and then rounded up to the nearest whole penny, each MMS or SMS is charged excluding VAT and then rounded up to the nearest tenth of a penny. VAT is then added where applicable and then rounded up to the nearest whole penny.

8.13    Calls and texts to customer services, voicemail services, premium rate services, non-geographic numbers, international numbers and when roaming will attract additional Charges in accordance with our List of Charges.

8.14    Your Account may be disconnected if you do not apply any Credit or incur any Charges in a continuous period of four months.

8.15    SMS messages exceeding 160 characters shall be charged as one SMS message per each 160 characters. MMS messages shall be subject to a maximum size of 295kb. Some Mobile Devices automatically convert SMS messages into an MMS message, such as where the message exceeds 160 characters or is to be sent to more than one recipient. These messages are charged accordingly. You are responsible for administering your Mobile Device settings.

9.    Limitation of Liability

9.1    We will not be liable under this Agreement for any loss or damage caused by circumstances where:
(a)    there is no breach of a legal duty of care owed to you by us;
(b)    such loss or damage is not a reasonably foreseeable; or
(c)    such loss or damage results from your breach of any part of this Agreement.

9.2    Our liability shall not in any event include losses related to any business you may own or operate, including but not limited to lost data, lost profits or business interruption.

9.3    Nothing in this Agreement shall:
(a)    exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our agents or employees; or
(b)    limit your rights as a consumer under applicable UK law.

9.4    Each provision of this Clause 9 operates separately. If any part does not take effect for any reason then the other parts will continue to apply even after the Agreement has ended.

10.    Matters beyond our Reasonable Control

10.1    Neither of us shall be liable if we are unable to perform our obligations under this Agreement due to matters beyond your or our reasonable control.

10.2    For the purposes of this Clause 10, matters beyond reasonable control include, 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 third parties over whom we have no control or authority (including other telecommunication providers), or acts of local or central Government or other competent authorities.

11.    Use and Disclosure of Information

11.1    We need to collect certain Personal Information to provide you with the Services. This Personal Information will form part of a record of your dealings with us.

11.2    We shall use Personal Information about you and your use of the Services in order to:
(a)    verify your identity;
(b)    manage your Account;
(c)    perform our obligations to you under this Agreement;
(d)    fulfil any order you place with us; and
(e)    detect and prevent fraud, crime and money laundering.

11.3    We may record any instance where you give us false or inaccurate information or where we reasonably suspect fraud.

11.4    We may use and disclose information about you and your operation of your Account to, law enforcement and fraud prevention agencies.

11.5    You agree that we may use your Personal Information for operating a publicly accessible directory service.

11.6    We may use your Personal Information for research and statistical analysis, to develop and improve our products and services.

11.7    Your Personal Information is confidential and, although we may freely disclose it to other companies within the Group, we will only disclose it outside the Group when:
(a)    you give us your consent;
(b)    it is needed by certain reputable third parties involved in running accounts or providing services for us pursuant to the Services we provide to you;
(c)    it is needed in order to obtain professional advice;
(d)    it is needed to investigate or prevent crime (e.g. to fraud prevention agencies);
(e)    the law permits or requires it, or any regulatory or governmental body requires it, even without your consent; or
(f)    there is a duty to the public to reveal it.

11.8    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.

11.9    We shall employ appropriate security measures when processing sensitive Personal Information.
You may request a copy of all Personal Information we hold about you by writing to us at iD Mobile Limited, PO Box 375, Southampton SO30 2PU. You must enclose:
(a)    your full name, address, iD Mobile number (if applicable);
(b)    proof of your identity (e.g. a photocopy of your passport, or driving licence);
(c)    proof of your address (e.g. a recent bank statement or utility bill dated within the last three months); and
(d)    a cheque in the sum of £10 made payable to iD Mobile Limited.

11.10    You may make changes to your marketing preferences and update any inaccurate or incomplete information at any time by:
(a)    logging into your Account, whether through the iD mobile application or the iD website;
(b)    calling us on 03330037777; or
(c)    writing to us at us iD Mobile, PO Box 356, Southampton, SO30 2PG.

11.11    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 Mobile Device or it is stolen from you. Please contact us on 03330037777 if you do not want your information to be passed to MEND or SEND. You are responsible for notifying any change of Mobile Device to MEND and SEND.
12.    Call Monitoring

12.1    We monitor, record, store and use telephone, email and other electronic communications with you for:
(a)    training and quality monitoring purposes;
(b)    checking any instructions given to us;
(c)    improving the quality of our customer service; and
(d)    detecting and preventing crime.

13.    Notices

13.1    You may send us notices under or in connection with this Agreement:
(a)    by post to iD Mobile Limited, PO Box 356, Unit 19, Southampton, SO30 2PG; or
(b)    by completing the Contact Us form at www.idmobile.co.uk/email-us.

13.2    Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.

13.3    We may send notices to you under or in connection with this Agreement:
(a)    by posting them to the address of which you have informed us;
(b)    by SMS, which shall be sent to your mobile phone number, or
(c)    by email to the email address you disclosed when you Registered an Account.

13.4    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 e-mail shall be deemed to have been delivered the day after the day the notice is sent.

14.    Complaints

14.1    We shall endeavour to handle all complaints fairly, efficiently and confidentially. You may complain by:
(a)    writing to us at iD Mobile Limited, PO Box 356, Southampton, SO30 2PG;
(b)    calling us on 03330037777; or
(c)    contacting us through our website at http://www.idmobile.co.uk/email-us.

14.2    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 United Kingdom.

15.    Customer Services PIN

15.1    You will be provided with a Customer Services PIN number via SMS when you complete your Registration for an iD Account. 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.
15.2    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, managing add-ons and Bundles you may have on your account and performing manual payments.

16.    General

16.1    We may alter this Agreement, including any Charges, at any time. We shall give you notice of any changes by writing to you, sending you an SMS message and publishing any changes on our website.

16.2    We may transfer our rights and you agree that we may transfer our obligations under this Agreement to any third party (including, without limitation, any member of our Group), without notice to you or the need for consent.

16.3    Our decision to overlook any breach of this Agreement by you shall not prevent us 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 to suspend them instead, we may still end this Agreement if you breach it again.

16.4    You must notify us promptly if you change your name, address or Payment Method that may affect your payment of the Charges (e.g. where you replace your debit card).

16.5    We comply with EU regulations relating to mobile roaming within the EU. Please contact us to uncap your data roaming limits.

16.6    A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

16.7    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.

16.8    This Agreement shall be governed by English law, unless you live in Scotland in which case, this Agreement shall be governed by Scots law.