Pay today

New Contract

Pay monthly
Added to compare

Virgin Mobile terms and conditions

Pay monthly & New subscriptions

 

IMPORTANT- Your right to cancel

 

Subject to the following two paragraphs, if you are a consumer customer (as defined in the Consumer Protection (Distance Selling) Regulations 2000) who has purchased the Equipment via distance means such as via the online shop or over the telephone, you may cancel the agreement to but the Equipment at any time up to 7 working days from the day after the later of entering this Agreement, receiving this Agreement or receiving your Equipment ("Trial Period"), provided . you notify CPW of such cancellation within the Trial Period. Please call CPW Customer Services on 08456010411 and they will explain how to do this. We recommend you enclose your Equipment (including the SIM card (unless it is a Handset Upgrade) and any accessories included in the price of your Equipment) undamaged with your notice of cancellation with proof of purchase and the original packaging. If you do not enclose this with your notice of cancellation, you must return it to us within 7 days of notifying us of your cancellation undamaged with proof of purchase by sending it special delivery to Direct Returns, CPW Logistics Centre, Bilston Road, Wednesbury, West Midlands WS10 7JN at your cost. Please enclose the original packaging. It is your responsibility to ensure that the Equipment is received by us and we recommend using special delivery. If you do not return the Equipment and any accessories undamaged CPW will be entitled to charge you for the costs we or CPW incur in collecting them from you (which may be substantial) or the value of the missing or damaged items at the handset-only or equipment-only retail price. You must make the Equipment available for collection on our request. Any sums paid by you in respect of the Equipment (less our costs if we have to collect the Equipment from you) will be reimbursed within 30 days. Please note that even though you may be able to cancel the agreement to buy the Equipment pursuant to this paragraph, you may not be permitted to cancel your Airtime Contract under the terms thereof. Please refer to the terms of your Airtime Contract for further information. This paragraph does not apply to a customer who purchases the Equipment for business purposes. This does not affect your statutory rights.

 

You agree that your SIM Card will be connected to the Network or your Handset Upgrade will be effected and the Services will start prior to the end of the Trial Period. You must take reasonable care of the Equipment until received or collected by us and you are entitled to examine the Equipment as you would in a shop. However, if you use the Equipment during the Trial Period, you may lose your right to cancel. Use would include, but would not be to using the Network for example by making or receiving a call, SMS or MMS, accessing the Web or downloading, or using any of the functions of the Equipment for example amending settings, saving any data, adding a contact or appointment, taking a photograph or using an application. If you use your Equipment whether before or after notifying us of your wish to cancel, you will be responsible for all charges incurred under the Airtime Contract and these may not be refunded. We reserve the right to charge you the value of any Equipment that has been used prior to receipt or collection by us.

 

Please note, you will be deemed to have received the Equipment and this Agreement when we have tried to deliver them to you even if you were not there to collect them.

 

The supplier of your Mobile Phone is The Dixons Carphone (registered no. 2142673), 1 Portal Way, London W3 6RS. The supplier of the services is Virgin Mobile Telecoms (registered number 3707664) whose registered office is at 160 Great Portland Street, London W1W 5QA.

 

You agree that the services may start before the end of the Trial Period. You agree that once the services have started you will lose your statutory right of cancellation under the Consumer Protection (Distance Selling) Regulations 2000 even if the Trial Period has not ended.

 

Please note these terms and conditions are updated from time to time. Changes will be posted on our website at www.carphonewarehouse.com. Please check these regularly as continuing to use the Service after changes have been posted on our website will mean that you agree to these terms as amended.

 

If these terms are too small for you to read comfortably, larger copies are available from Customer Services on 0845 6000 789 or on-line at www.carphonewarehouse.com. Some sections of these terms are printed in bold to draw your attention to them.

 

Conditions for the Virgin Mobile Pay Monthly Contract service

 

1. Definitions

 

These words have the following meanings

 

1.a In this Agreement:
"This agreement" means these terms and conditions (including any front sheet to which they are attached) and our charges from time to time, details of which are available on the CPW & Virgin Mobile websites;
"bundles" means a monthly allowance of texts, minutes, picture messages or other bundle, available to you after the end of the Term as described in conditions 2(d) and 10;
"CPW" means such member (or members) of The Dixons Carphone plc (registered number 3253714) group of companies, each of 1 Portal Way, London W3 6RS as is, for the time being, performing certain functions on our behalf under this agreement;
"Handset Upgrade" means a the issue of a new handset to you to use in conjunction with your existing contract with us;
"Network" is the telephone system which provides our services;
"Pay As You Go by Direct Debit" refers to you paying charges in arrears by direct debit after using our pre-pay services;
"SIM card" means the card used with a mobile phone to access our services;
"Term" means the initial term as shown on the front sheet of this agreement starting on the date we make available our services to you; means 12, 18 or 24 months (as the case may be) or such other period as agreed between us starting the day the Handset Upgrade becomes effective;
"VirginBites" means our tailored information and other 'VirginBites' services (which we may re-name from time to time) which may include you asking us to send you text messages;
"we"or "us" means Virgin Mobile Telecoms (registered number 3707664) whose registered office is at 160 Great Portland Street, London W1W 5QA;CPW?
"you" means the customer named in this agreement.

 

 

2. Our agreement

 

2.(a) This agreement will continue for the Term and thereafter. It can be cancelled (subject to the provisions of condition 8) by you or us giving one calendar month's written notice to the other at any time, or otherwise as provided in condition 8. This document operates to extend you existing contract with us, becomes effective immediately after your order for the Handset Upgrade is accepted by us and continues for the Term and thereafter. It can be cancelled (subject to the provisions of condition 8) by you or us giving one calendar month's written notice to the other at any time, or otherwise as provided in condition 8. Additionally, after the Term you may notify us at any time that you do not wish to receive mobile telecoms services from us in the form of bundles, under conditions 2(d) and 10.
2.(b) You are deemed to accept these conditions when you place your order for the services, sign this agreement, receive your mobile phone and SIM card, credit your account with us or first use our services, whichever happens first. However, our obligations under this agreement will start when we accept your request for our services by provisioning your first monthly allowance under condition 2(c), and such provisioning will be subject to a UK credit check, your confirmation you are 18 or over and a maximum "per customer" number of monthly allowances. If we reject your request but you incur charges, we can recover such charges from you.
2.(c) Subject to earlier cancellation of this agreement under condition 8, during the Term we will provide a monthly allowance of voice calls (or other agreed services). Details of the voice calls (or other agreed services) available within your monthly allowance are set out on the front sheet of this agreement and in condition 2(h). You may not change to a different monthly allowance during the Term. Voice calls (or other agreed services) within a monthly allowance may be carried over to the next month (but not any month after that) provided that you are provisioned with a monthly allowance (or after the Term, a bundle allowance) for that next month. All usage outside of or in excess of your monthly allowance will be subject to additional call charges under our standard pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our service guide you received with your SIM card or on our website.
2.(d) Unless this agreement has been cancelled earlier under condition 8, at the end of the Term we will automatically provision you for bundles under the terms of condition 10. As a minimum, we will text you before the end of the Term to remind you of this. You can notify us at any time up to 48 hours before the end of the Term, either through our website, calling 789 or by texting "CANCEL" to 789789, if you do not wish to receive mobile telecoms services from us in the form of bundles (in which case you will be provisioned to receive our mobile telecoms service on our standard pre-pay Pay As You Go by Direct Debit tariff).
2.(e) We will open an account for your SIM card. We will apply charges (being the charges for our services that you use) to your account. You will be responsible for paying all charges on your account, whether or not they have been accrued by you personally.
2.(f) We will connect you to our services as soon as we can. You agree that the services may start immediately following you placing your order for the services and in any event before the end of the Trial Period.
2.(f)(i) We strongly recommend that you insure your mobile phone and SIM card. If your SIM card is lost, stolen or damaged, call the Virgin Mobile Customer Service Centre for a new one. We may charge you for replacement. You will be required to pay for all call charges up to the time you notify us that your SIM card is lost or stolen. You will be liable for the monthly (or other periodic) charges for each month until the end of the Term.
2.(f)(ii) We own the SIM cards. You can only use a SIM card to use our services.
2.(g) Credit Limit - we may set monthly credit limits for charges. We may (but do not have to) stop you using some or all of our services if you go over a credit limit. You should not use a credit limit for budgeting because the amount you owe is not capped or by any credit limit we set.
2.(h) The voice calls available within your monthly allowance described in condition 2(c) are: for UK originating standard UK calls, calls and text messages to Virgin Mobile or other UK mobile telephone numbers, calls to Group Call, 0800 numbers and Pagers, Call Return and Standard WAP. All calls are charged by the second, rounded up to the nearest second and text messages are charged per text message.

 

3. Provision of Service:

 

3.(a) We will try to always make our services available to you, but sometimes they may be affected by things we cannot control, for example, the weather, interruptions to services from our suppliers and faults in other telephone networks. We may suspend certain services but will endeavour to give as much notice as practical.
3.(b) The services are made available provided:
(i) they are not used for anything illegal, immoral or improper;
(ii) they are not used to make offensive or nuisance calls or to make or receive reverse charge calls;
(iii) they are only used with equipment and SIM cards approved for use with the Network (and which have not been lost or stolen) and all relevant laws and rules are followed;
(iv) you give us information we reasonably ask for and you do not give us any false information;
(v) all reasonable instructions we give you are followed;
(vi) the person attempting to use the services is in range of base stations forming part of the Network.
3.(c) Certain services are available in countries where there is a roaming arrangement for the Network, but these services may only be available to you if you pay
charges by a particular method. Please see our service guide for details.
3.(d) We may need to change or withdraw all or any part of the monthly allowances provided to you under condition 2(c) as a result of changes made by our suppliers, if the allowances are uneconomical, technically impractical, unfeasible or otherwise not fulfilling their purpose to you or us. If we do, we will give you as much notice as we reasonably can. In this situation if any such change or withdrawal by us is to your disadvantage and if you do not wish to accept any alternatives or replacements we may offer, you may cancel this agreement under condition 8(c)(v).
3.(e) Our 28-day Customer Satisfaction Guarantee and 12 month warranty will not be available to you in respect of the services under this agreement. CPW will make available to you as agents on our behalf their warranties and replacements, refund and exchange policy as detailed in CPW's Returns Policy leaflet (or such replacement policy from time to time). You should check direct with the CPW store where you bought your mobile phone if you wish to return your mobile phone
under any of these policies. If you return your mobile phone and SIM card under any of CPW's policies you will be charged for all calls or other of our services used by you outside of your monthly allowance of voice calls (or other agreed services).

 

4. VirginBites

 

4.(a) Parts of our VirginBites are currently only available to correctly registered and approved users. You confirm that the details you give us to register are accurate and complete. You must tell us immediately if there are any changes.
4.(b) We will use our reasonable endeavours to keep the VirginBites free from viruses (or anything else which may damage your phone or information) but we do not guarantee this. Use is at your own risk.
4.(c) We will give you notice of changes to charges as set out in condition 5 below. We may need to change or withdraw any element of the VirginBites as a result of changes made by suppliers on which we rely or if a service is (i) uneconomical, technically impractical or unfeasible; or (ii) otherwise not fulfilling its purpose to you or us; and we will not be responsible for interruptions.
4.(d) We do not permit you to be a nuisance or inconvenience to others, including by sending unsolicited emails or text messages. If you do, you may be liable to civil or criminal legal action.
4.(e) You will only use VirginBites acting as a consumer and must not exploit commercially any site or content. You must not resell or rent VirginBites or access to it.
4.(f) You must not:
(i) use VirginBites to transmit any material which breaches any intellectual property right or which contains viruses;
(ii) disrupt or damage VirginBites, any other associated service or website;
(iii) circumvent the time-out function (to help you stay connected only when you are using VirginBites); or
(iv) circumvent any security or other safeguards.
4.(g) You acknowledge that content in VirginBites may be protected by copyright or other rights and laws. You must comply with all applicable laws and regulations.
4.(h) We do not control all of the content of text messages which you may receive as part of VirginBites. Therefore we have no responsibility or liability for this content.
4.(i) You will reimburse us for any loss, cost, damage or claim arising from your misuse of VirginBites or breach of this condition 4.
4.(j) We may not permit certain friendly names, and friendly names that are already in use, at our discretion. If this happens, we will give you a different name.
If you don't like it, you can suggest another name.
4.(k) We may provide your personal information to other companies to enable us to provide you with the registered VirginBites service. You should be aware that companies outside the European Union may have a lower standard of protection for personal information than that provided by the Data Protection Act 1998. We will however seek to have your data processed outside the European Union in accordance with English law.
4.(l) VirginBites is provided by us and therefore CPW will have no liability in respect of the VirginBites service.

 

5 Payment and Related Terms

 

5.(a) You will pay a monthly charge, in advance (or in arrears if we advise), for each month during the Term whether or not you use your SIM card or mobile phone.
This charge is in respect of the Pay Monthly Contract service including your monthly allowance of voice calls (or other agreed services) described in condition 2(c). After the end of the Term you will be provisioned for bundles under condition 2(d) and charged under condition 10.
5.(b) You will also pay call charges, monthly in arrears, for voice calls (or other agreed services) in excess of, and for any services outside of, your monthly allowance described in condition 2(c).
5.(c)The amount of your monthly charge, as described in condition 5(a), is set out on the front of this agreement. Your call charges, as described in condition 5(b), will be charged at our standard pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our service guide you received with your SIM card or our website. If you did not receive a copy of the service guide, please contact the Virgin Mobile Customer Services Centre on 789 or visit our website to obtain a copy.
5.(d) We may change our call and/ or monthly (or other periodic) charges or introduce new charges. We will give notice by mail, text message, a recorded message on the Virgin Mobile Customer Service Centre number or by some other means, before any such change to the charges applicable under this agreement takes effect. We will give at least 14 days notice of any increase to the charges or introduction of new charges applicable under this agreement. If you do not accept the changes you can cancel this agreement as set out in condition 8(c)(vi) below. Any continued use of our services after the date of the change or introduction will be deemed acceptance by you of the relevant change or introduction.
5.(e) If included in the services agreed to be provided to you (as stated on the front of this agreement), a regular itemised statement of your account will be prepared and sent to you. Otherwise we will advise you of the total amount of charges you owe us.
5.(f) We, or any third party on our behalf as we advise, will send you a bill every month for our services used outside of your monthly allowance or bundles allowance in the month that has just passed, for any services used outside of your monthly allowance or bundles allowance at any earlier time if they have not previously been charged for, and for the next month's monthly charge or, if applicable, bundles charge. We can change the billing period.
5.(g) You must pay all charges by direct debit within 14 days of the date of your bill. If charges are not paid by direct debit for any reason within this time, we can stop you using some or all of our services and charge you interest on what you owe at 2% above the base rate of the Royal Bank of Scotland. We will use the base rate that was in force on the date of the bill and we can charge you interest until you pay. You agree that if you do not pay a bill on time, we can say that you have broken this agreement and we can cancel this agreement immediately. All these rights are in addition to any other legal rights we may have against you, which we may also rely upon.
5 (h) We may require you to pay a deposit to be used as security for the charges. No interest is payable on the deposit. We will repay the deposit to you: (i) if you return your mobile phone under condition 3 (e); (ii) if you cancel this agreement under condition 8 (c) or we have cancelled this agreement under condition 8 (b) (iv); or (iii) at the end of the Term, whichever is the earlier, all provided that you do not owe us any money. We may use the deposit to pay any sums that you owe us or have not paid.

 

6 Liability:

 

6.(a) We are only liable to you as set out in this agreement. We have no other duty or liability to you.
6.(b)Nothing in this agreement removes or limits our liability for death or personal injury caused by our negligence.
6.(c) Except as set out in condition 6(b), our entire liability to you for something we or anyone who works for us does or does not do will be to £3,000 for one incident, or £6,000 for a number of incidents within any 12 month period.
6.(d) We are not liable to you in any way for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement. We or CPW are not liable to you in respect of any products or services you order from other companies (including other Virgin companies) using your mobile phone.
6.(e) If you have a mobile phone which gives you access to the Internet, you may be able to access web sites and material which we or CPW do not control. Therefore we and CPW have no responsibility for these sites or their content, or for any services which you obtain through the Internet. Also you, and not us or CPW, are responsible for all information that you upload, email or transmit via the Internet. You must tell us about any claim as soon as reasonably possible.
6.(f)We will not be liable to you if we cannot carry out our duties or provide our services because of something beyond our control.
6.(g) CPW will have no liability in respect of any of the services provided to you by us.
6.(h)This section 6 will apply even after this agreement has ended. If you are a consumer, the terms of this agreement will not affect any rights you have under any statute and which cannot be excluded by the terms of this agreement.

 

7 When we may suspend or disconnect our services:

 

7.(a) We may suspend our services or disconnect any SIM card(s) from the Network without warning if
(i) the Network breaks down or needs maintenance. We will try to make sure this does not happen often;
(ii) you do not, or someone who uses your SIM card does not, keep to the conditions of this agreement, or any other agreement with us;
(iii) you or anyone who uses your SIM card damages the Network or puts it at risk, or abuses or threatens our staff;
(iv) we are required to comply with an order, instruction or request of any government body, any emergency service organisation, or any other person or organisation with the appropriate authority;
(v) you choose not to make a call or send a text message for 180 days or more;
(vi) you notify us that your SIM card has been lost or stolen (see condition 2(f)(i); or
(vii) you exceed any credit limit we set for you under condition 2(g).
7.(b) Where we suspend our services or disconnect any SIM card(s) from the Network this agreement does not come to an end (unless we also cancel this agreement under condition 8(b)(v)). You are still liable for all monthly (or other periodic) charges or, if applicable, bundles charges due during any period of suspension or disconnection (except where suspension is due to the reasons set out in condition 7(a)(i) - we would credit you an appropriate part of monthly charges paid in respect of a period of ongoing severe disruption to the Network).
7.(c) We can charge you the reasonable costs incurred by us for reconnecting you to our services, except where something in condition 7(a)(i) happens.

 

8 When the agreement ends

 

8.(a) Either of us can cancel this agreement at any time by giving the other one calendar month's written notice.
8.(b)We can cancel this agreement immediately if any of the following happens:
(i) you break an important condition of this agreement or a number of less important conditions;
(ii) you break a less important condition of this agreement and do not put it right within 7 days of us asking you to;
(iii) you do not pay a bill on time as described in condition 5(g) or you become bankrupt or make any arrangement with your creditors;
(iv) the Network owner no longer makes the Network available to us;
(v) your service has been suspended or disconnected under condition 7(a)(ii), (iii), (iv), (v) or (vii); or
(vi) any of the provisos for use of our services set out in conditions 3(b)(i), (ii), (iii), (iv) and (v) are not complied with.
8.(c) You can cancel this agreement immediately if:
(i) we break an important condition of this agreement or a number of less important conditions;
(ii) we break a less important condition of this agreement and do not put it right within 7 days of you asking us to;
(iii) all of the services are permanently no longer available to you;
(iv) we change the terms of this agreement to your significant disadvantage;
(v) we change or withdraw all or any part of your monthly allowances in line with condition 3(d) to your disadvantage;
(vi) we increase your monthly allowance (or other periodic) charges, or our call or other usage charges applicable under this agreement, or introduce new charge applicable under this agreement, in each case under condition 5(d) and you write to us to cancel this agreement before the increase or introduction takes effect.
However your right to cancel under condition 8(c) does not apply if: (a) in respect of condition 8(c)(vi), we have increased our monthly allowance (or other periodic) charges by an amount equal to or less than the percentage increase in the previous 12 month period in the All Items Index of Retail Prices (or successor index) published by the Central Statistical Office in the Monthly Digest of Statistics (" 12 month RPI percentage increase"), or we have increased our call or other usage charges which has the effect of increasing your likely call or other usage charges over a 12 month period (based upon your previous 12 months' call charges and usage pattern) by the 12 month RPI percentage increase or less; or (b) in respect of any of the events allowing you rights to cancel under conditions 8(c)(iv),
(v) or (vi) ("Termination Event"), the Termination Event has been imposed on us as a direct result of new legislation, statutory instrument or government regulation, or the Termination Event relates solely to an additional service, in which case you may cancel such additional service by giving us not less than 10 days' notice in writing to that effect.
8.(d) If this agreement is cancelled your SIM card will be disconnected, you will lose your mobile number and you will not be able to use our services at all.
8.(e) On cancellation of this agreement, you must pay within 14 days (i) unless you have cancelled this agreement under condition 8(c) or we have cancelled this agreement under condition 8(b)(iv), monthly charges owed for each month through to the end of the Term; and (ii) all unpaid call and other charges owing on your account.

 

9 General

 

9.(a) We can change or add to these terms and conditions if:
(i) new laws or rules make it necessary;
(ii) for security or regulatory reasons;
(iii) if the changes or additions are minor and do not affect you significantly; or
(iv) if at some future time we wish to have all our customers on the same terms and conditions for services
If we do this, we will notify you by mail, text message to your mobile phone, a recorded message on our Virgin Mobile Customer Service Centre number or by some other means. We will give you at least 14 days notice, unless new laws or rules do not allow us enough time to do this. Any continued use of our services after the date of the change or addition will be deemed acceptance by you of the relevant change or addition.
9.(b)You may not transfer your account or any of your rights and responsibilities under this agreement. We may transfer any of ours without your permission provided that neither the level of service you currently experience nor your rights under this agreement are reduced as a result.
9.(c) In exceptional circumstances, Ofcom may order the reallocation or change of mobile phone numbers, in which case we may have to change your Virgin Mobile number.
9.(d) We can record or monitor any conversations about your account or our services to assist us to improve the quality of our service.
9.(e) You must call the Virgin Mobile Customer Service Centre straight away about any change in the address supplied to us. We will send mailed notices to the most recent address supplied to us.
9.(f) Any concession or extra time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this agreement in any other way.
9.(g) English law will apply to this agreement and any disputes will be settled in the courts of England.
9.(h) If a clause or condition of this agreement is not legally effective, the remainder of this agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
9.(i) This agreement does not confer any benefit on any third party under The Contracts (Rights of Third Parties) Act 1999.
9.(j) We or CPW may use credit reference agencies to help us or CPW make credit decisions or for fraud protection. You agree that we or CPW may register information about you and the conduct of your account with any credit reference agency. For the purpose of fraud prevention, debt collection, credit management and emergency services purposes, information about you and the conduct of your account may be disclosed to debt collection agencies, security agencies,
financial institutions, emergency services organisations or other phone companies. We or CPW may also pass your details to third parties in the event we sell our business, in order that you continue to receive a mobile phone service.
9.(k) We and CPW may hold a number of items of personal data about you which you provide to us or CPW. This information, and information about how you use your mobile phone, is used by us, CPW and our contractors to provide our services to you and for research purposes. From time to time we or CPW may use your details to send you information on special offers, including material about other carefully selected companies, or for market research purposes, by sending text messages to your mobile phone, or by other means subject to the preferences you have indicated to us. By accepting these terms and conditions you agree to that use, but you can stop us, or those other companies, sending you this information at any time by completing and returning to us the appropriate part of the registration card included in your joining pack, or by calling us on 0845 6000 789 (or 789 from a Virgin Mobile phone), or writing to Virgin Mobile, The Team, PO Box 2692, Trowbridge BA14 0WX. You can stop CPW sending you this information at any time by writing to the The Data Protection Office, , 1 Portal Way, London W3 6RS.
9.(l) Any airtime bought or used pursuant to this agreement will not count towards free airtime you can earn under any of our other services or customer offerings.
9.(m) If you have a problem or complaint ring 789 or see our service guide for our contact details. To give extra peace of mind, we have joined OTELO, an independent body set up to help resolve any problems with your service. For more information, please visit otelo.org.uk.
9.(n) Failure by a party to enforce rights under this agreement shall not prevent that party from taking further action.

 

10 Bundles 

 

10.(a) Unless this agreement has been cancelled earlier under condition 8, at the end of the Term we will automatically provision you for bundles under the terms of condition 10. You can let us know you don't want to receive bundles, in the ways set out in condition 2(d). We will provision you for the bundle that most closely resembles your monthly allowance of voice calls during the Term, as set out on the front sheet of this agreement (but we will not provision you for a bundle that costs more than your monthly charge during the Term, as set out on the front sheet of this agreement, unless you request otherwise). See our and CPW's websites for details of the allowances and prices of our various bundles from time to time. 
10.(b) Duration & Termination: Provided you have sufficient credit, a bundle will automatically be renewed at the end of each month for a further month. You may notify us you don't want to receive a bundle for the following month at any time up to 48 hours before it is renewed, either through our website, calling 789 or by texting "CANCEL" to 789789. If you do, your bundle will end on its renewal date and you will be provisioned to receive our mobile telecoms services on our standard pre-pay Pay As You Go by Direct Debit tariff. 
10.(c) Carry over: If your bundle is renewed on, or changed to a different bundle (any type, any size) by, its renewal date, any unused allowance in your existing bundle will carry over to the next month (but not any month after that). If you do not renew or change to a different bundle by its renewal date you will not be able to use any unused allowance. 
10.(d) Payment: The price of your bundle will be added to your monthly bill on the first purchase and each renewal date. If you do not have enough credit available for your renewed or changed bundle on the renewal date we will make three further attempts to add the amount to your monthly bill on the following three days. If we are still unable to add the amount to your monthly bill your bundle will end and you will lose any unused allowance. 
10.(e) Any voice call, text, picture message or other use of airtime outside of or in excess of your monthly bundles allowance will be subject to additional call charges under our standard pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our service guide you received with your SIM card or on our website. 
10.(f) We may need to change or withdraw all or any part of the bundles service as a result of changes made by our suppliers, if the bundles service is uneconomical, technically impractical, unfeasible or otherwise not fulfilling its purpose to you or us. If we do, we will give you as much notice as we reasonably can. If we need to change a bundle to your disadvantage and you do not wish to change to an alternative bundle on your renewal date we will refund you any 
airtime that would have carried over if you could have renewed your bundle, provided you inform us on 789 within 90 days of the date of the change or withdrawal. 
10.(g) You may only have one bundle per Virgin Mobile number at anytime. Subject to carry over, each bundle lasts for one month, even if you use it all sooner, 
or until it is cancelled or terminated. Bundles are non-transferable and cannot be exchanged for cash. If you or the mobile number to which a bundle is applied 
is suspended or disconnected you will immediately lose the benefit of your bundle and any carry over on disconnection or whilst the mobile number remains suspended. In such situations no refund of any unused elements of your bundle, including carry over, is available but this does not affect your legal rights as a consumer. 

 

11. Un Mobile Internet: Un mobile internet is subject to a fair use allowance of 1GB per month. If your usage exceeds this amount then we reserve the right to charge you for the excessive element of your usage at the per MB data rate for your tariff outlined in our Tariff Table. Un use is within the UK and is for your personal, non-commercial use only. It doesn't include making internet phone or video calls, peer to peer file sharing, using your phone as a modem, or while you are abroad and any of these uses will be charged at the per MB data rate for your tariff outlined in our Tariff Table

 

 

Upgrades

 

IMPORTANT- Your right to cancel

 

Subject to the following two paragraphs, if you are a consumer customer (as defined in the Consumer Protection (Distance Selling) Regulations 2000) who has purchased the Equipment via distance means such as via the online shop or over the telephone, you may cancel the agreement to but the Equipment at any time up to 7 working days from the day after the later of entering this Agreement, receiving this Agreement or receiving your Equipment ("Trial Period"), provided . you notify CPW of such cancellation within the Trial Period. Please call CPW Customer Services on 08456010411 and they will explain how to do this. We recommend you enclose your Equipment (including the SIM card (unless it is a Handset Upgrade) and any accessories included in the price of your Equipment) undamaged with your notice of cancellation with proof of purchase and the original packaging. If you do not enclose this with your notice of cancellation, you must return it to us within 7 days of notifying us of your cancellation undamaged with proof of purchase by sending it special delivery to Direct Returns, CPW Logistics Centre, Bilston Road, Wednesbury, West Midlands WS10 7JN at your cost. Please enclose the original packaging. It is your responsibility to ensure that the Equipment is received by us and we recommend using special delivery. If you do not return the Equipment and any accessories undamaged CPW will be entitled to charge you for the costs we or CPW incur in collecting them from you (which may be substantial) or the value of the missing or damaged items at the handset-only or equipment-only retail price. You must make the Equipment available for collection on our request. Any sums paid by you in respect of the Equipment (less our costs if we have to collect the Equipment from you) will be reimbursed within 30 days. Please note that even though you may be able to cancel the agreement to buy the Equipment pursuant to this paragraph, you may not be permitted to cancel your Airtime Contract under the terms thereof. Please refer to the terms of your Airtime Contract for further information. This paragraph does not apply to a customer who purchases the Equipment for business purposes. This does not affect your statutory rights.

 

You agree that your SIM Card will be connected to the Network or your Handset Upgrade will be effected and the Services will start prior to the end of the Trial Period. You must take reasonable care of the Equipment until received or collected by us and you are entitled to examine the Equipment as you would in a shop. However, if you use the Equipment during the Trial Period, you may lose your right to cancel. Use would include, but would not be to using the Network for example by making or receiving a call, SMS or MMS, accessing the Web or downloading, or using any of the functions of the Equipment for example amending settings, saving any data, adding a contact or appointment, taking a photograph or using an application. If you use your Equipment whether before or after notifying us of your wish to cancel, you will be responsible for all charges incurred under the Airtime Contract and these may not be refunded. We reserve the right to charge you the value of any Equipment that has been used prior to receipt or collection by us.

 

Please note, you will be deemed to have received the Equipment and this Agreement when we have tried to deliver them to you even if you were not there to collect them.

 

The supplier of your Mobile Phone is The Dixons Carphone plc (registered no. 2142673), 1 Portal Way, London W3 6RS. The supplier of the services is Virgin Mobile Telecoms (registered number 3707664) whose registered office is at 160 Great Portland Street, London W1W 5QA.

 

You agree that the services may start before the end of the Trial Period. You agree that once the services have started you will lose your statutory right of cancellation under the Consumer Protection (Distance Selling) Regulations 2000 even if the Trial Period has not ended.

 

Please note these terms and conditions are updated from time to time. Changes will be posted on our website at www.carphonewarehouse.com. Please check these regularly as continuing to use the Service after changes have been posted on our website will mean that you agree to these terms as amended.

 

If these terms are too small for you to read comfortably, larger copies are available from Customer Services on 0845 6000 789 or on-line at www.carphonewarehouse.com. Some sections of these terms are printed in bold to draw your attention to them.

 

Conditions for the Virgin Mobile Pay Monthly Contract service

 

1. Definitions

 

These words have the following meanings

 

1.a In this Agreement:
"This agreement" means these terms and conditions (including any front sheet to which they are attached) and our charges from time to time, details of which are available on the CPW & Virgin Mobile websites;
"bundles" means a monthly allowance of texts, minutes, picture messages or other bundle, available to you after the end of the Term as described in conditions 2(d) and 10;
"CPW" means such member (or members) of The Dixons Carphone plc (registered number 3253714) group of companies, each of 1 Portal Way, London W3 6RS as is, for the time being, performing certain functions on our behalf under this agreement;
"Handset Upgrade" means a the issue of a new handset to you to use in conjunction with your existing contract with us;
"Network" is the telephone system which provides our services;
"Pay As You Go by Direct Debit" refers to you paying charges in arrears by direct debit after using our pre-pay services;
"SIM card" means the card used with a mobile phone to access our services;
"Term" means the initial term as shown on the front sheet of this agreement starting on the date we make available our services to you; means 12, 18 or 24 months (as the case may be) or such other period as agreed between us starting the day the Handset Upgrade becomes effective;
"VirginBites" means our tailored information and other 'VirginBites' services (which we may re-name from time to time) which may include you asking us to send you text messages;
"we"or "us" means Virgin Mobile Telecoms (registered number 3707664) whose registered office is at 160 Great Portland Street, London W1W 5QA;CPW?
"you" means the customer named in this agreement.

 

2. Our agreement

 

2.(a) This agreement will continue for the Term and thereafter. It can be cancelled (subject to the provisions of condition 8) by you or us giving one calendar month's written notice to the other at any time, or otherwise as provided in condition 8. This document operates to extend you existing contract with us, becomes effective immediately after your order for the Handset Upgrade is accepted by us and continues for the Term and thereafter. It can be cancelled (subject to the provisions of condition 8) by you or us giving one calendar month's written notice to the other at any time, or otherwise as provided in condition 8. Additionally, after the Term you may notify us at any time that you do not wish to receive mobile telecoms services from us in the form of bundles, under conditions 2(d) and 10.
2.(b) You are deemed to accept these conditions when you place your order for the services, sign this agreement, receive your mobile phone and SIM card, credit your account with us or first use our services, whichever happens first. However, our obligations under this agreement will start when we accept your request for our services by provisioning your first monthly allowance under condition 2(c), and such provisioning will be subject to a UK credit check, your confirmation you are 18 or over and a maximum "per customer" number of monthly allowances. If we reject your request but you incur charges, we can recover such charges from you.
2.(c) Subject to earlier cancellation of this agreement under condition 8, during the Term we will provide a monthly allowance of voice calls (or other agreed services). Details of the voice calls (or other agreed services) available within your monthly allowance are set out on the front sheet of this agreement and in condition 2(h). You may not change to a different monthly allowance during the Term. Voice calls (or other agreed services) within a monthly allowance may be carried over to the next month (but not any month after that) provided that you are provisioned with a monthly allowance (or after the Term, a bundle allowance) for that next month. All usage outside of or in excess of your monthly allowance will be subject to additional call charges under our standard pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our service guide you received with your SIM card or on our website.
2.(d) Unless this agreement has been cancelled earlier under condition 8, at the end of the Term we will automatically provision you for bundles under the terms of condition 10. As a minimum, we will text you before the end of the Term to remind you of this. You can notify us at any time up to 48 hours before the end of the Term, either through our website, calling 789 or by texting "CANCEL" to 789789, if you do not wish to receive mobile telecoms services from us in the form of bundles (in which case you will be provisioned to receive our mobile telecoms service on our standard pre-pay Pay As You Go by Direct Debit tariff).
2.(e) We will open an account for your SIM card. We will apply charges (being the charges for our services that you use) to your account. You will be responsible for paying all charges on your account, whether or not they have been accrued by you personally.
2.(f) We will connect you to our services as soon as we can. You agree that the services may start immediately following you placing your order for the services and in any event before the end of the Trial Period.
2.(f)(i) We strongly recommend that you insure your mobile phone and SIM card. If your SIM card is lost, stolen or damaged, call the Virgin Mobile Customer Service Centre for a new one. We may charge you for replacement. You will be required to pay for all call charges up to the time you notify us that your SIM card is lost or stolen. You will be liable for the monthly (or other periodic) charges for each month until the end of the Term.
2.(f)(ii) We own the SIM cards. You can only use a SIM card to use our services.
2.(g) Credit Limit - we may set monthly credit limits for charges. We may (but do not have to) stop you using some or all of our services if you go over a credit limit. You should not use a credit limit for budgeting because the amount you owe is not capped or by any credit limit we set.
2.(h) The voice calls available within your monthly allowance described in condition 2(c) are: for UK originating standard UK calls, calls and text messages to Virgin Mobile or other UK mobile telephone numbers, calls to Group Call, 0800 numbers and Pagers, Call Return and Standard WAP. All calls are charged by the second, rounded up to the nearest second and text messages are charged per text message.

 

3. Provision of Service:

 

3.(a) We will try to always make our services available to you, but sometimes they may be affected by things we cannot control, for example, the weather, interruptions to services from our suppliers and faults in other telephone networks. We may suspend certain services but will endeavour to give as much notice as practical.

3.(b) The services are made available provided:
(i) they are not used for anything illegal, immoral or improper;
(ii) they are not used to make offensive or nuisance calls or to make or receive reverse charge calls;
(iii) they are only used with equipment and SIM cards approved for use with the Network (and which have not been lost or stolen) and all relevant laws and rules are followed;
(iv) you give us information we reasonably ask for and you do not give us any false information;
(v) all reasonable instructions we give you are followed;
(vi) the person attempting to use the services is in range of base stations forming part of the Network.
3.(c) Certain services are available in countries where there is a roaming arrangement for the Network, but these services may only be available to you if you pay
charges by a particular method. Please see our service guide for details.
3.(d) We may need to change or withdraw all or any part of the monthly allowances provided to you under condition 2(c) as a result of changes made by our suppliers, if the allowances are uneconomical, technically impractical, unfeasible or otherwise not fulfilling their purpose to you or us. If we do, we will give you as much notice as we reasonably can. In this situation if any such change or withdrawal by us is to your disadvantage and if you do not wish to accept any alternatives or replacements we may offer, you may cancel this agreement under condition 8(c)(v).
3.(e) Our 28-day Customer Satisfaction Guarantee and 12 month warranty will not be available to you in respect of the services under this agreement. CPW will make available to you as agents on our behalf their warranties and replacements, refund and exchange policy as detailed in CPW's Returns Policy leaflet (or such replacement policy from time to time). You should check direct with the CPW store where you bought your mobile phone if you wish to return your mobile phone
under any of these policies. If you return your mobile phone and SIM card under any of CPW's policies you will be charged for all calls or other of our services used by you outside of your monthly allowance of voice calls (or other agreed services).

 

4. VirginBites

 

4.(a) Parts of our VirginBites are currently only available to correctly registered and approved users. You confirm that the details you give us to register are accurate and complete. You must tell us immediately if there are any changes.
4.(b) We will use our reasonable endeavours to keep the VirginBites free from viruses (or anything else which may damage your phone or information) but we do not guarantee this. Use is at your own risk.
4.(c) We will give you notice of changes to charges as set out in condition 5 below. We may need to change or withdraw any element of the VirginBites as a result of changes made by suppliers on which we rely or if a service is (i) uneconomical, technically impractical or unfeasible; or (ii) otherwise not fulfilling its purpose to you or us; and we will not be responsible for interruptions.
4.(d) We do not permit you to be a nuisance or inconvenience to others, including by sending unsolicited emails or text messages. If you do, you may be liable to civil or criminal legal action.
4.(e) You will only use VirginBites acting as a consumer and must not exploit commercially any site or content. You must not resell or rent VirginBites or access to it.
4.(f) You must not:
(i) use VirginBites to transmit any material which breaches any intellectual property right or which contains viruses;
(ii) disrupt or damage VirginBites, any other associated service or website;
(iii) circumvent the time-out function (to help you stay connected only when you are using VirginBites); or
(iv) circumvent any security or other safeguards.
4.(g) You acknowledge that content in VirginBites may be protected by copyright or other rights and laws. You must comply with all applicable laws and regulations.
4.(h) We do not control all of the content of text messages which you may receive as part of VirginBites. Therefore we have no responsibility or liability for this content.
4.(i) You will reimburse us for any loss, cost, damage or claim arising from your misuse of VirginBites or breach of this condition 4.
4.(j) We may not permit certain friendly names, and friendly names that are already in use, at our discretion. If this happens, we will give you a different name.
If you don't like it, you can suggest another name.
4.(k) We may provide your personal information to other companies to enable us to provide you with the registered VirginBites service. You should be aware that companies outside the European Union may have a lower standard of protection for personal information than that provided by the Data Protection Act 1998. We will however seek to have your data processed outside the European Union in accordance with English law.
4.(l) VirginBites is provided by us and therefore CPW will have no liability in respect of the VirginBites service.

 

5 Payment and Related Terms

 

5.(a) You will pay a monthly charge, in advance (or in arrears if we advise), for each month during the Term whether or not you use your SIM card or mobile phone.

This charge is in respect of the Pay Monthly Contract service including your monthly allowance of voice calls (or other agreed services) described in condition 2(c). After the end of the Term you will be provisioned for bundles under condition 2(d) and charged under condition 10.
5.(b) You will also pay call charges, monthly in arrears, for voice calls (or other agreed services) in excess of, and for any services outside of, your monthly allowance described in condition 2(c).
5.(c)The amount of your monthly charge, as described in condition 5(a), is set out on the front of this agreement. Your call charges, as described in condition 5(b), will be charged at our standard pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our service guide you received with your SIM card or our website. If you did not receive a copy of the service guide, please contact the Virgin Mobile Customer Services Centre on 789 or visit our website to obtain a copy.
5.(d) We may change our call and/ or monthly (or other periodic) charges or introduce new charges. We will give notice by mail, text message, a recorded message on the Virgin Mobile Customer Service Centre number or by some other means, before any such change to the charges applicable under this agreement takes effect. We will give at least 14 days notice of any increase to the charges or introduction of new charges applicable under this agreement. If you do not accept the changes you can cancel this agreement as set out in condition 8(c)(vi) below. Any continued use of our services after the date of the change or introduction will be deemed acceptance by you of the relevant change or introduction.
5.(e) If included in the services agreed to be provided to you (as stated on the front of this agreement), a regular itemised statement of your account will be prepared and sent to you. Otherwise we will advise you of the total amount of charges you owe us.
5.(f) We, or any third party on our behalf as we advise, will send you a bill every month for our services used outside of your monthly allowance or bundles allowance in the month that has just passed, for any services used outside of your monthly allowance or bundles allowance at any earlier time if they have not previously been charged for, and for the next month's monthly charge or, if applicable, bundles charge. We can change the billing period.
5.(g) You must pay all charges by direct debit within 14 days of the date of your bill. If charges are not paid by direct debit for any reason within this time, we can stop you using some or all of our services and charge you interest on what you owe at 2% above the base rate of the Royal Bank of Scotland. We will use the base rate that was in force on the date of the bill and we can charge you interest until you pay. You agree that if you do not pay a bill on time, we can say that you have broken this agreement and we can cancel this agreement immediately. All these rights are in addition to any other legal rights we may have against you, which we may also rely upon.
5 (h) We may require you to pay a deposit to be used as security for the charges. No interest is payable on the deposit. We will repay the deposit to you: (i) if you return your mobile phone under condition 3 (e); (ii) if you cancel this agreement under condition 8 (c) or we have cancelled this agreement under condition 8 (b) (iv); or (iii) at the end of the Term, whichever is the earlier, all provided that you do not owe us any money. We may use the deposit to pay any sums that you owe us or have not paid.

 

6. Liability:

 

6.(a) We are only liable to you as set out in this agreement. We have no other duty or liability to you.
6.(b)Nothing in this agreement removes or limits our liability for death or personal injury caused by our negligence.
6.(c) Except as set out in condition 6(b), our entire liability to you for something we or anyone who works for us does or does not do will be to £3,000 for one incident, or £6,000 for a number of incidents within any 12 month period.
6.(d) We are not liable to you in any way for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement. We or CPW are not liable to you in respect of any products or services you order from other companies (including other Virgin companies) using your mobile phone.
6.(e) If you have a mobile phone which gives you access to the Internet, you may be able to access web sites and material which we or CPW do not control. Therefore we and CPW have no responsibility for these sites or their content, or for any services which you obtain through the Internet. Also you, and not us or CPW, are responsible for all information that you upload, email or transmit via the Internet. You must tell us about any claim as soon as reasonably possible.
6.(f)We will not be liable to you if we cannot carry out our duties or provide our services because of something beyond our control.
6.(g) CPW will have no liability in respect of any of the services provided to you by us.
6.(h)This section 6 will apply even after this agreement has ended. If you are a consumer, the terms of this agreement will not affect any rights you have under any statute and which cannot be excluded by the terms of this agreement.

 

7. When we may suspend or disconnect our services:

 

7.(a) We may suspend our services or disconnect any SIM card(s) from the Network without warning if
(i) the Network breaks down or needs maintenance. We will try to make sure this does not happen often;
(ii) you do not, or someone who uses your SIM card does not, keep to the conditions of this agreement, or any other agreement with us;
(iii) you or anyone who uses your SIM card damages the Network or puts it at risk, or abuses or threatens our staff;
(iv) we are required to comply with an order, instruction or request of any government body, any emergency service organisation, or any other person or organisation with the appropriate authority;
(v) you choose not to make a call or send a text message for 180 days or more;
(vi) you notify us that your SIM card has been lost or stolen (see condition 2(f)(i); or
(vii) you exceed any credit limit we set for you under condition 2(g).
7.(b) Where we suspend our services or disconnect any SIM card(s) from the Network this agreement does not come to an end (unless we also cancel this agreement under condition 8(b)(v)). You are still liable for all monthly (or other periodic) charges or, if applicable, bundles charges due during any period of suspension or disconnection (except where suspension is due to the reasons set out in condition 7(a)(i) - we would credit you an appropriate part of monthly charges paid in respect of a period of ongoing severe disruption to the Network).
7.(c) We can charge you the reasonable costs incurred by us for reconnecting you to our services, except where something in condition 7(a)(i) happens.

 

8 When the agreement ends

 

8.(a) Either of us can cancel this agreement at any time by giving the other one calendar month's written notice.
8.(b)We can cancel this agreement immediately if any of the following happens:
(i) you break an important condition of this agreement or a number of less important conditions;
(ii) you break a less important condition of this agreement and do not put it right within 7 days of us asking you to;
(iii) you do not pay a bill on time as described in condition 5(g) or you become bankrupt or make any arrangement with your creditors;
(iv) the Network owner no longer makes the Network available to us;
(v) your service has been suspended or disconnected under condition 7(a)(ii), (iii), (iv), (v) or (vii); or
(vi) any of the provisos for use of our services set out in conditions 3(b)(i), (ii), (iii), (iv) and (v) are not complied with.
8.(c) You can cancel this agreement immediately if:
(i) we break an important condition of this agreement or a number of less important conditions;
(ii) we break a less important condition of this agreement and do not put it right within 7 days of you asking us to;
(iii) all of the services are permanently no longer available to you;
(iv) we change the terms of this agreement to your significant disadvantage;
(v) we change or withdraw all or any part of your monthly allowances in line with condition 3(d) to your disadvantage;
(vi) we increase your monthly allowance (or other periodic) charges, or our call or other usage charges applicable under this agreement, or introduce new charge applicable under this agreement, in each case under condition 5(d) and you write to us to cancel this agreement before the increase or introduction takes effect.
However your right to cancel under condition 8(c) does not apply if: (a) in respect of condition 8(c)(vi), we have increased our monthly allowance (or other periodic) charges by an amount equal to or less than the percentage increase in the previous 12 month period in the All Items Index of Retail Prices (or successor index) published by the Central Statistical Office in the Monthly Digest of Statistics (" 12 month RPI percentage increase"), or we have increased our call or other usage charges which has the effect of increasing your likely call or other usage charges over a 12 month period (based upon your previous 12 months' call charges and usage pattern) by the 12 month RPI percentage increase or less; or (b) in respect of any of the events allowing you rights to cancel under conditions 8(c)(iv),
(v) or (vi) ("Termination Event"), the Termination Event has been imposed on us as a direct result of new legislation, statutory instrument or government regulation, or the Termination Event relates solely to an additional service, in which case you may cancel such additional service by giving us not less than 10 days' notice in writing to that effect.
8.(d) If this agreement is cancelled your SIM card will be disconnected, you will lose your mobile number and you will not be able to use our services at all.
8.(e) On cancellation of this agreement, you must pay within 14 days (i) unless you have cancelled this agreement under condition 8(c) or we have cancelled this agreement under condition 8(b)(iv), monthly charges owed for each month through to the end of the Term; and (ii) all unpaid call and other charges owing on your account.

 

9 General

 

9.(a) We can change or add to these terms and conditions if:
(i) new laws or rules make it necessary;
(ii) for security or regulatory reasons;
(iii) if the changes or additions are minor and do not affect you significantly; or
(iv) if at some future time we wish to have all our customers on the same terms and conditions for services
If we do this, we will notify you by mail, text message to your mobile phone, a recorded message on our Virgin Mobile Customer Service Centre number or by some other means. We will give you at least 14 days notice, unless new laws or rules do not allow us enough time to do this. Any continued use of our services after the date of the change or addition will be deemed acceptance by you of the relevant change or addition.
9.(b)You may not transfer your account or any of your rights and responsibilities under this agreement. We may transfer any of ours without your permission provided that neither the level of service you currently experience nor your rights under this agreement are reduced as a result.
9.(c) In exceptional circumstances, Ofcom may order the reallocation or change of mobile phone numbers, in which case we may have to change your Virgin Mobile number.
9.(d) We can record or monitor any conversations about your account or our services to assist us to improve the quality of our service.
9.(e) You must call the Virgin Mobile Customer Service Centre straight away about any change in the address supplied to us. We will send mailed notices to the most recent address supplied to us.
9.(f) Any concession or extra time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this agreement in any other way.
9.(g) English law will apply to this agreement and any disputes will be settled in the courts of England.
9.(h) If a clause or condition of this agreement is not legally effective, the remainder of this agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
9.(i) This agreement does not confer any benefit on any third party under The Contracts (Rights of Third Parties) Act 1999.
9.(j) We or CPW may use credit reference agencies to help us or CPW make credit decisions or for fraud protection. You agree that we or CPW may register information about you and the conduct of your account with any credit reference agency. For the purpose of fraud prevention, debt collection, credit management and emergency services purposes, information about you and the conduct of your account may be disclosed to debt collection agencies, security agencies,
financial institutions, emergency services organisations or other phone companies. We or CPW may also pass your details to third parties in the event we sell our business, in order that you continue to receive a mobile phone service.
9.(k) We and CPW may hold a number of items of personal data about you which you provide to us or CPW. This information, and information about how you use your mobile phone, is used by us, CPW and our contractors to provide our services to you and for research purposes. From time to time we or CPW may use your details to send you information on special offers, including material about other carefully selected companies, or for market research purposes, by sending text messages to your mobile phone, or by other means subject to the preferences you have indicated to us. By accepting these terms and conditions you agree to that use, but you can stop us, or those other companies, sending you this information at any time by completing and returning to us the appropriate part of the registration card included in your joining pack, or by calling us on 0845 6000 789 (or 789 from a Virgin Mobile phone), or writing to Virgin Mobile, The Team, PO Box 2692, Trowbridge BA14 0WX. You can stop CPW sending you this information at any time by writing to the The Data Protection Office, , 1 Portal Way, London W3 6RS.
9.(l) Any airtime bought or used pursuant to this agreement will not count towards free airtime you can earn under any of our other services or customer offerings.
9.(m) If you have a problem or complaint ring 789 or see our service guide for our contact details. To give extra peace of mind, we have joined OTELO, an independent body set up to help resolve any problems with your service. For more information, please visit otelo.org.uk.
9.(n) Failure by a party to enforce rights under this agreement shall not prevent that party from taking further action.

 

10 Bundles

 

10.(a) Unless this agreement has been cancelled earlier under condition 8, at the end of the Term we will automatically provision you for bundles under the terms of condition 10. You can let us know you don't want to receive bundles, in the ways set out in condition 2(d). We will provision you for the bundle that most closely resembles your monthly allowance of voice calls during the Term, as set out on the front sheet of this agreement (but we will not provision you for a bundle that costs more than your monthly charge during the Term, as set out on the front sheet of this agreement, unless you request otherwise). See our and CPW's websites for details of the allowances and prices of our various bundles from time to time.
10.(b) Duration & Termination: Provided you have sufficient credit, a bundle will automatically be renewed at the end of each month for a further month. You may notify us you don't want to receive a bundle for the following month at any time up to 48 hours before it is renewed, either through our website, calling 789 or by texting "CANCEL" to 789789. If you do, your bundle will end on its renewal date and you will be provisioned to receive our mobile telecoms services on our standard pre-pay Pay As You Go by Direct Debit tariff.
10.(c) Carry over: If your bundle is renewed on, or changed to a different bundle (any type, any size) by, its renewal date, any unused allowance in your existing bundle will carry over to the next month (but not any month after that). If you do not renew or change to a different bundle by its renewal date you will not be able to use any unused allowance.
10.(d) Payment: The price of your bundle will be added to your monthly bill on the first purchase and each renewal date. If you do not have enough credit available for your renewed or changed bundle on the renewal date we will make three further attempts to add the amount to your monthly bill on the following three days. If we are still unable to add the amount to your monthly bill your bundle will end and you will lose any unused allowance.
10.(e) Any voice call, text, picture message or other use of airtime outside of or in excess of your monthly bundles allowance will be subject to additional call charges under our standard pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our service guide you received with your SIM card or on our website.
10.(f) We may need to change or withdraw all or any part of the bundles service as a result of changes made by our suppliers, if the bundles service is uneconomical, technically impractical, unfeasible or otherwise not fulfilling its purpose to you or us. If we do, we will give you as much notice as we reasonably can. If we need to change a bundle to your disadvantage and you do not wish to change to an alternative bundle on your renewal date we will refund you any
airtime that would have carried over if you could have renewed your bundle, provided you inform us on 789 within 90 days of the date of the change or withdrawal.
10.(g) You may only have one bundle per Virgin Mobile number at anytime. Subject to carry over, each bundle lasts for one month, even if you use it all sooner,
or until it is cancelled or terminated. Bundles are non-transferable and cannot be exchanged for cash. If you or the mobile number to which a bundle is applied
is suspended or disconnected you will immediately lose the benefit of your bundle and any carry over on disconnection or whilst the mobile number remains suspended. In such situations no refund of any unused elements of your bundle, including carry over, is available but this does not affect your legal rights as a consumer.