Terms and conditions

Laptops with built-in 3G mobile broadband from Vodafone

Definitions

Within these terms and conditions the following words and expressions shall, unless the context otherwise requires, have the meanings set out below:

3G – a network operating standard, defined by a group of companies known as ‘3GPP’, that sets out how voice and data can be transferred in a mobile telephone network;

Access Fee – monthly or other periodic fee payable by the Customer to Vodafone for use of the Bearer Services;

APN – Access Point Name, which identifies a particular connection to the GPRS Network. APNs can be a public resource (such as via the internet) or a private resource for a specific customer connection (such as a corporate LAN).

Bearer Services – means the method of transport used to carry any communication information over the Network and the provision of access for external communications to the Network;

Built-in 3G mobile broadband from Vodafone Product –  the data service, provided by Vodafone to enable the Customer to do any or all of the following, using one or more of the Bearer Services: communicate between devices and/or people; acquire and/or exchange information; provide and/or receive entertainment; analyse data;

Agreement –  this document as a whole;

Charges –  Access Fees, Connection Fees, airtime fees and all other fees payable by the customer for use of the Built-in 3G mobile broadband from Vodafone Products at Vodafone’s Standard List Prices;

Connection Fee –  fee payable by Customer to Vodafone for enabling Embedded SIM Cards for use on the Network;

Content –  means digitally transmitted and/or stored material (including text, audio, images and software);

Customer – person or legal entity requesting activation of the Embedded SIM Card;

Customer Information – information that Customer provides to Vodafone; details of how Customer uses the Built-in 3G mobile broadband from Vodafone Products, including information relating to the details of Charges paid and other financial information; details of how the Customer has performed in meeting obligations under this Agreement and other information relating to this Agreement;

Data Protection Legislation – Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, any amendments or replacements to them, and any other legislation implementing Directives 97/66/EC and 2002/58/EC;

Embedded SIM – Subscriber Identity Module, which is an electronic memory device for storing user specific data to allow controlled and secure use of the Network;

Emergency Planning Measures – measures taken as a result of Vodafone’s obligations arising out of: (a) the general conditions under section 45 of the Communications Act 2003; and (b) any legislation arising out of the implementation of the draft Civil Contingencies Bill or any similar law;

Effective Date – is the date that the Embedded SIM is enabled by Vodafone or Vodafone’s agent.;

GPRS – General Packet Radio Services, a network-operating standard that allows data to be transferred utilising protocols, which provide a method for data transmission;

GSM – Global System for Mobile telecommunications, a network-operating standard employed by Vodafone;

Insolvency Event – a party shall be treated as being subject to an Insolvency Event if:

(a) it is unable to pay its debts (within the meaning of Section 123 of the Insolvency Act 1986);

(b) it makes or offers to make any arrangement or composition with any one or more of its creditors;

(c) it commits any act of bankruptcy or if any petition or receiving order in bankruptcy is presented or made against it;

(d) any resolution or petition to wind up it up (being a limited company) is issued or passed or presented otherwise than for reconstruction or amalgamation; or (e) if a receiver is appointed in relation to it;

Minimum Term – the minimum period of 12 months to which the Customer shall commit to receiving the Built-in 3G mobile broadband from Vodafone Product.

Network – the telecommunication systems utilised by Vodafone in providing the Built-in 3G mobile broadband from Vodafone Products;

Overseas Networks – telecommunication systems outside of the UK utilised (but not controlled) by Vodafone in providing the Built-in 3G mobile broadband from Vodafone Products;

Payment Terms – payment within seven days from the date of invoice by direct debit (unless set out otherwise within this Agreement);

Security Codes – all passwords, locks, personal identification codes, or other codes, numbers or names issued to Customer by Vodafone or set by Customer in relation to Customer’s use of the Built-in 3G mobile broadband from Vodafone Product.

Standard List Price – Vodafone’s standard Charges for Built-in 3G mobile broadband from Vodafone Products as: (1) set out on any official Vodafone website; (2) advised to the Customer by Vodafone; (3) available on request from Vodafone, as amended from time to time;

Vodafone: Vodafone Limited (company number 1471587);

Vodafone’s Group – Vodafone Group Plc and any company in which Vodafone Group Plc holds, directly or indirectly, 50% or more of its issued share capital or has the right to exercise, directly or indirectly 50% or more of the voting rights.

1.    The agreement

  1.  This Agreement sets out the agreement between Customer and Vodafone for the Built-in 3G mobile broadband from Vodafone Product until terminated by either Vodafone or Customer in accordance with this Agreement.
  2. This agreement is a single connection Agreement whereby the terms and conditions apply to the specific Embedded SIM Card for which activation is requested by Customer.
  3. Customer shall not resell any Built-in 3G mobile broadband from Vodafone Products under this Agreement.
  4. Customer may have access to the Bearer Services (including GSM, GPRS and 3G) in accordance with the terms of this Agreement and at the discretion of Vodafone.
  5. Vodafone’s Standard List Prices shall apply for anything supplied by Vodafone to the Customer under this Agreement.
  6. Access Fees shall be invoiced monthly in advance and all other Charges shall be invoiced monthly in arrears except where specifically set out within this Agreement.
  7. Where the Customer requests activation of the Embedded SIM Card and the Customer has signed another agreement for the provision of Built-in 3G mobile broadband from Vodafone products then such other agreements’ terms and conditions shall prevail over this Agreement.
  8. Customer shall not use the Embedded SIM Card in any other mobile device other than a Built-in 3G mobile broadband from Vodafone Product for which activation was requested. In the event that the Customer uses the Embedded SIM Card in breach of this clause 1.8 then Vodafone’s Standard List Prices shall apply for all such usage and Vodafone’s standard terms and conditions shall apply.
  9. The Built-in 3G mobile broadband from Vodafone Product shall be subject to the Minimum Term from the Effective Date.

2.    Price plans

For GSM, GPRS and 3G Bairer Services price plan calls originating in the UK (non-roaming calls) the following terms and conditions shall apply:

  1. national numbers means UK numbers with geographically based area codes and all numbers with the following prefixes: 0800, 0870, 0500, 0845;
  2. discounted rates or percentage discounts shall not apply to calls either originating in a country other than the UK or received in a country other than the UK (roaming calls);
  3. circuit switched voice calls and circuit switched data calls originating on the Vodafone network shall measured in seconds and shall be rounded mathematically to the nearest whole second.
  4. Once measured circuit switched voice calls and circuit switched data calls shall be charged per second, calculated to four decimal places, and shall be rounded up to the next tenth of a penny;
  5. circuit switched voice calls originating on the Vodafone network shall be subject to a minimum 0.9 pence Charge per call;
  6. circuit switched data calls and circuit switched voice calls (to destinations outside of the UK) originating on the Vodafone network shall be subject to a minimum 4.2 pence Charge per call;
  7. Packet switched data usage utilising the Vodafone network shall be measured per byte for all usage in uplink and downlink paths per session per APN;
  8. packet switched data usage originating on the Vodafone network shall be subject to a 1-kilobyte minimum Charge;
  9. the countries that form a specific international call Charge band shall be determined by Vodafone in its absolute discretion, and provided on request to the Customer; and
  10. VAT (where applicable) is calculated for each call to four decimal places of a penny and then rounded down to the nearest whole penny.
  11.  For GSM, GPRS, 3G Bearer Services calls originating or received in a country other than the UK (roaming calls) the definition of zones shall be as set out within the following website www.vodafone.co.uk/enterprisecontracts (The contents of this website may change from time to time);
  12. For GSM, GPRS and 3G Barer Services calls originating or received in a country other than the UK (roaming calls) the following terms and conditions shall apply;
  13. Circuit switched roaming calls shall be measured in seconds and rounding may vary depending on which network, other than Vodafone’s network, the call originates from. Circuit-switched roaming calls utilising the Vodafone network shall be subject to a minimum duration of 60 seconds and on completion of the first 60 seconds call duration shall be measured (except for Zone 5 (as set out in the Vodafone World with International Call Saver web page) (“Zone 5”)) in 30-second increments rounded up to the next whole 30 second increment. For Zone 5 calls shall be measured in 60-second increments, rounded up to the next whole 60 second increment. Circuit-switched calls utilising the O2 network shall be subject to a minimum duration of 60 seconds and then call duration shall be measured in 15-second increments rounded up to the next whole 15-second increment.
  14. Once measured, circuit-switched voice roaming calls and circuit switched data roaming calls shall be charged per second, calculated to four decimal places, and rounded up to the next tenth of a penny.
  15. Circuit-switched voice calls originating outside the UK but utilising the Vodafone network shall be subject to a minimum 0.9 pence Charge per call.
  16. Circuit-switched data calls originating on the Vodafone network shall be subject to a minimum 4.2 pence Charge per call.
  17. Incoming circuit-switched roaming calls from countries within the European Union utilising the Vodafone network shall be subject to a minimum Charge of 4.2 pence per call and incoming roaming calls from countries outside of the European Union utilising the Vodafone network shall be subject to a minimum Charge of 5 pence per call.
  18. All circuit-switched calls and packet-switched calls utilising the Vodafone network shall be aggregated per call type and the total for each call type shall be rounded down to the nearest whole penny.
  19. Packet-switched data usage utilising the Vodafone network shall be measured per byte in uplink and downlink paths per session per APN;
  20. Once measured, packet-switched data usage utilising preferred Vodafone networks (as set out in the Vodafone World with International Call Saver web-page), shall be charged per megabyte and measured in 100- kilobyte increments rounded up to the next 100- kilobyte increment per separate session per APN and shall be subject to a 200 kilobytes minimum usage Charge per session; and
  21. Once measured, packet-switched data carried by the Vodafone network utilising non preferred networks (as set out in the Vodafone World with International Call Saver web page), shall be charged per megabyte and measured in 10-kilobyte increments, and rounded up to the next 10-kilobyte increment per separate session per APN and shall be subject to a minimum 10 kilobyte usage Charge per session;
  22.  VAT (where applicable) is calculated for each call to four decimal places of a penny and then rounded down to the nearest whole penny.
  23. In the event that the Customer selects the unlimited price plan option then the Customer shall ensure that usage does not exceed 1 gigabyte per calendar month per Embedded SIM Card. Where Customer’s usage on an Embedded SIM Card exceeds 1 gigabyte in a calendar month then Vodafone shall inform the Customer to moderate the Customer’s usage so that it comes under 1 gigabyte. If the usage is not moderated within 30 days then Vodafone shall be entitled to;

    (a)move such Mobile Connect Card to another appropriate price plan; or

    (b)charge Customer for all usage in excess of 1 gigabyte per calendar month at the rate of 50p per megabyte or part thereof.

     

  24. The Customer may select a price plan that has a higher Access Fee at any time subject to 30 days notice.
  25. The Customer may not select a price plan that has a lower Access Fee than currently selected by the Customer for a period of 6 months from the initial connection to the price plan in question, subject to 30 days notice.
  26. Any 3G usage shall not exceed 1.8 megabits per second.

3. Use of the Built-in 3G mobile broadband from Vodafone product

  1.  The Network comprises equipment owned and operated by Vodafone, Vodafone’s suppliers of services (such as telephone and communications connections) and other telecommunications operators (in the UK and in other countries). The Network provides an infrastructure that is utilised in providing Built-in 3G mobile broadband from Vodafone Products to our customers. The concept of using such infrastructure to provide Built-in 3G mobile broadband from Vodafone Products is referred to in this Agreement as provision of Bearer Services.
  2. Vodafone shall exercise all reasonable efforts to make the Bearer Services available to our customers at all times. However, due to the constraints of radio and electronic communication, the Bearer Services shall not be fault free. Information about the constraints of radio and electronic communication can be provided on request.
  3. From time to time Vodafone shall need to carry out maintenance, modification and testing of the Network during which time Vodafone shall be entitled to suspend the Bearer Services. Maintenance is necessary to implement generic changes to, or generic version updates of, the Network. Vodafone shall also be entitled to suspend the Bearer Services during any technical failure of the Network, where it is necessary to safeguard the security and integrity of the Network, or where necessary as a result of the implementation of Emergency Planning Measures. Vodafone shall keep all such suspensions to a minimum.
  4. Vodafone shall exercise all reasonable efforts to obtain access for the Customer to compatible Overseas Networks, but the Customer acknowledges that the quality, coverage, features, functions and services of the Overseas Networks shall vary and may be different from the Network in the UK. Access to Overseas Networks depends on Vodafone having a commercial arrangement with such Overseas Networks’ management and such arrangements shall be at Vodafone’s discretion. Vodafone shall be entitled to impose additional terms of access to Overseas Networks as a consequence of such commercial arrangements. Where Vodafone has entered into roaming or interconnecting agreements with other telecommunications operators (whether in relation to Overseas Networks or otherwise) then Vodafone shall not be responsible for the performance of such agreements or any part of the Network provided by such telecommunications operators.
  5. Customer shall use the Built-in 3G mobile broadband from Vodafone Products in accordance with this Agreement, all applicable law, all relevant codes of practice, and any instructions or conditions notified to the Customer by Vodafone, which in Vodafone’s opinion prevent: the transmission of illegal, improper, immoral or offensive material; or the Network from being impaired or damaged.
  6. The Customer may use Built-in 3G mobile broadband from Vodafone Products to access the internet, other data networks, websites and other resources. Where the Customer accesses or downloads Content, the Customer shall be responsible for all Charges, which result from such access. Such access shall be at the Customer’s own risk, and as the provider of Bearer Services and not the Content provider, Vodafone shall not be responsible for such Content. Where Vodafone provides the Customer with Content directly, such provision shall be subject to specific terms and conditions of supply. Where the Customer accesses Content (whether intentionally, accidentally, with or without the Customer’s knowledge) which loads applications to the Customer’s equipment that generate communications traffic, the Customer shall be responsible for all Charges incurred by such activity.
  7. Vodafone, and other third parties, provide a wide range of facilities and services to consumers of mobile telecommunication services that are capable of being accessed by the Customer through use of Built-in 3G mobile broadband from Vodafone Products. In some cases these may include the capability to disable Embedded SIM Cards from being able to access such facilities and services.
  8. Where a Customer fails to comply with the terms of this Agreement Vodafone shall be entitled to disable Embedded SIM Cards from use on the Network, in addition to any other rights Vodafone has under this Agreement.
  9. Where a Customer fails to comply with any conditions of supply of such facilities and service Vodafone shall be entitled to disable the applicable Embedded SIM Card from use on the Network, in addition to any other rights Vodafone has under this Agreement.
  10. Where such suspension or disablement occurs in accordance with Clause 3.8 or 3.9, the Customer shall continue to pay all Charges due under this Agreement. Where Vodafone agrees that the Customer shall be entitled to resume use of Built-in 3G mobile broadband from Vodafone Products, Vodafone shall be entitled to charge the Customer a Connection Fee before allowing such use and enabling Embedded SIM Cards for use on the Network.
  11. The Embedded SIM Cards may have been programmed so that they are barred from being used on overseas networks and from making international calls or premium rate calls. Customers may contact Vodafone if they want to have this bar removed.

4. Liability

  1. Nothing in this Agreement shall be deemed to exclude, restrict or limit liability of either party for death or personal injury or any liability for fraudulent misrepresentation or any other liability, which may not be limited or excluded by applicable law.
  2. Save for the Customer’s liability to pay the Charges in accordance with clause 9, neither party shall have any liability to the other in respect of any breach this Agreement for:
    (a) loss of: profit, business, revenue, opportunity, goodwill or anticipated savings; and/or
    (b) any indirect, incidental, special or consequential loss.
  3. Without prejudice to Clause 4.1, Vodafone’s total liability in contract, tort (including negligence) or otherwise arising in connection with this Agreement shall be limited in any 12-month period to £10,000.
  4. No warranties, representation, guarantees or undertakings are given by Vodafone, which are not expressly mentioned in this Agreement.
  5. Nothing in this Agreement shall exclude or restrict the liability of either party in respect of any liability which can not be excluded or restricted by law.

5. Embedded SIM cards

  1. Where Vodafone provides the Customer with Embedded SIM Cards to enable the Customer to gain access to the Network and to Overseas Networks, such Embedded SIM Cards remain Vodafone’s property and shall be loaned to the Customer for as long as Vodafone supplies a relevant Built-in 3G mobile broadband from Vodafone Product to Customer.
  2. Embedded SIM Cards shall not be enabled unless and until Vodafone has completed all relevant checks.
  3. The Customer shall:

    (a) ensure that Embedded SIM Cards are only used with the Customer’s authorisation;

    (b) inform Vodafone immediately if an Embedded SIM Card is lost, stolen or damaged; and

    (c) return Embedded SIM Cards to Vodafone after they have been disabled from use on the Network on Vodafone’s request.

  4. The Customer shall retain liability for all loss suffered by the Customer as a result of unauthorised use of Embedded SIM Cards, until such time as the Customer has notified Vodafone that such Embedded SIM Card is being used without the Customer’s authorisation.
  5. Vodafone shall replace, free of charge, any Embedded SIM Card returned to Vodafone by the Customer that does not operate normally on the Network for reasons unconnected with the Customer’s acts or omissions. The Customer shall pay the replacement cost of Embedded SIM Cards that the Customer requires to be replaced for other reasons.

6. Termination

  1. The Agreement may be terminated immediately on written notice from one party to the other if;

    (a) Vodafone reasonably believes that the Customer is in breach of Clause 3.5;

    (b) the other party commits any material breach of the Agreement and such breach is not rectified within 30 days from receipt of a written notice giving particulars of the breach; or

    (c) the other party becomes subject to an Insolvency Event.

  2. The Agreement can be brought to an end by either Customer or Vodafone giving one calendar month’s written notice to the other party.

7. Consequences of termination

  1. Termination of the Agreement shall not affect either party’s accrued rights and obligations at termination or any rights or obligations after the Agreement has ended.
  2. In the event that the Agreement is terminated, Vodafone shall no longer supply, and the Customer shall no longer use, any Built-in 3G mobile broadband from Vodafone Products.
  3. In the event that a Built-in 3G mobile broadband from Vodafone Product is terminated the Embedded SIM Card shall be disconnected and the Customer shall pay all outstanding Charges under this Agreement.
  4. In the event that an Embedded SIM Card Product is terminated within its Minimum Term (unless the Customer has legitimately ended the Built-in 3G mobile broadband from Vodafone Agreement in accordance with clause 6.1(b)) then the Customer shall immediately refund to Vodafone the outstanding Access fee that would have otherwise been paid to Vodafone had the Agreement continued for the remaining Minimum Term.

8.    Confidentiality

  1. This Agreement, and any information that Vodafone has provided to the Customer about Built-in 3G mobile broadband from Vodafone Products that is not publicly available, is confidential between the Customer and Vodafone, and may only be disclosed by the Customer to the Customer’s employees on a need-to-know basis, and to no other third party, unless otherwise agreed in writing with Vodafone.
  2. Vodafone shall be entitled to keep records of Customer Information, which Vodafone shall use to perform Vodafone’s obligations under this Agreement, and for related purposes.
  3. Vodafone shall be entitled to disclose Customer Information (or any other information that Vodafone is required to disclose as a consequence of the Data Protection Legislation, by order of any court of competent jurisdiction, by the regulatory authorities or any other statutory or regulatory authority or by the rules of any stock exchange to which Vodafone is subject) to the following third parties (some of whom may be outside of the European Union):

    (a) financial agencies (including debt collection or credit reference agencies, fraud monitoring schemes and credit providers)

    (b) companies or agencies who provide to Vodafone products or services which support the Products;

    (d) legal or regulatory authorities, government or security agencies;

    (e) companies within Vodafone’s Group and all companies in which Vodafone Group Plc holds, directly or indirectly, 15% or more of its issued share capital or has the right to exercise, directly or indirectly 15% or more of the voting rights;

    (f) any other third parties to whom, in Vodafone’s reasonable opinion, it is necessary to disclose such information to enable Vodafone to fulfil its obligations under this Agreement.

9. Payment terms

  1. Unless otherwise agreed by the parties;

    (a) Access Fees shall be invoiced by Vodafone monthly in advance;

    (b) all other Charges shall be invoiced by Vodafone monthly in arrears.

  2. Payment shall be made in accordance with the Payment Terms.
  3. If Customer fails to pay any monies that it owes to Vodafone, Vodafone may:

    (a) charge interest on the unpaid amount at the highest rates permitted by applicable law; and/or

    (b) suspend or disconnect the Embedded SIM Card as Vodafone sees fit.

  4. Vodafone shall be entitled to use a third-party debt collection agency where the Customer has failed to pay or is late paying any monies due.

10. Security

  1. Vodafone shall exercise all reasonable efforts to ensure the security of the Customer’s communications, but shall not guarantee that all communications shall be completely secure.
  2. The Customer shall keep all passwords and codes (“Security Codes”) confidential. Vodafone shall be entitled to change the Customer’s Security Codes from time to time.
  3. The Customer shall inform Vodafone immediately if the Customer believes or suspects that the confidential nature of Security Codes has been breached or prejudiced and Vodafone shall assist the Customer in changing all affected Security Codes.

11.    Changes

  1. Vodafone shall be entitled to change the terms of this Agreement to the extent that such changes are required by or are necessary (in Vodafone’s opinion acting reasonably) to comply with and effect applicable law. Vodafone shall provide the Customer with advance written notice of such changes where practicable. If advance notice cannot be provided, Vodafone shall advise the Customer in writing of the change as soon as practicable after it has been made. For the avoidance of doubt, for the purposes of this Clause 11.1, the Customer’s consent to the change is not required for the change to be effective. Vodafone shall not be liable to the Customer for any claims by the Customer as a consequence of such changes.
  2. Vodafone shall be entitled to change the terms of this Agreement to the extent that such changes are necessary (in Vodafone’s opinion acting reasonably) as a result of alterations made to the Network, the manner in which it operates, or changes to the way that Vodafone provides products, provided that such changes affect at least 90% of Vodafone’s customers and such changes to the terms are limited to the extent necessary to take account of such alterations. In the event that changes are made in these circumstances, Vodafone shall advise the Customer in writing of the change at least 30 days in advance of it taking effect. For the avoidance of doubt, for the purposes of this Clause 11.2, the Customer’s consent to the change is not required for the change to be effective. Vodafone shall not be liable to the Customer for any claims by the Customer as a consequence of such changes.
  3. Any variation of this Agreement shall be valid only if it is in writing and signed by or on behalf of each party.

12.    Data protection

  1. The Customer shall inform Vodafone in writing of all changes to information the Customer has provided to Vodafone, in particular, if the Customer stops trading, if the Customer intends to sell the Customer’s business, if the Customer changes name or if the legal status of the Customer’s business changes.
  2. Where the Customer supplies Vodafone with personal data the Customer shall ensure that it is accurate and up to date when disclosed. The Customer shall also ensure that the Customer has obtained from the individuals concerned all necessary consents under the Data Protection Legislation to both the supply of the data to Vodafone, and the processing of it by Vodafone, for the purposes of performance of this Agreement, supply of the Built-in 3G mobile broadband from Vodafone Products and for direct marketing about Vodafone’s similar products and services. The Customer shall also ensure that any individual to whom personal data relates has given consent for Vodafone to pass such data back to the Customer. For the avoidance of doubt, Vodafone shall have the right in individual cases to request the Customer to confirm that an individual has provided such consent. The Customer shall process all personal data fairly and lawfully, as required by the Data Protection Legislation and shall in particular, if processing personal data on behalf of Vodafone, comply with the seventh principle of the Data Protection Act 1998.
  3. Where Vodafone receives enquiries relating to the Customer, or to any information or data that Customer has provided to Vodafone, the Customer shall co-operate with Vodafone in resolving all such enquiries that Vodafone is required to respond to in order for Vodafone to exercise full compliance with law, including all subject access requests and investigations by the information commissioner or other regulatory authority.

13. Force majeure

  1. Except for the obligation to make timely payments in accordance with clause 9, neither party shall be liable to perform its obligations under the Agreement if such failure results from circumstances beyond the party’s reasonable control (including circumstances resulting from Emergency Planning Measures).

14. General

  1. This Agreement constitutes the entire agreement and understanding of the parties for the provision of Built-in 3G mobile broadband from Vodafone Products for which activation is requested. Only provisions set out in this Agreement shall apply to Vodafone’s supply of Built-in 3G mobile broadband from Vodafone Products to the the Customer. All other provisions, whether appearing on Customer’s purchase order, in a side letter or elsewhere, and all representations, communications and prior agreements or arrangements (oral or written) are expressly excluded to the maximum extent permitted by law.
  2. Any failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
  3. The Customer shall not be entitled to transfer in whole or in part any of the Customer’s rights and obligations under this Agreement to any other person or company Vodafone shall be entitled to transfer in whole or in part Vodafone’s rights and obligations under this Agreement to any company within Vodafone’s Group at any time. Vodafone shall be entitled to transfer in whole or in part any of Vodafone’s rights and obligations under this Agreement to any other person or company outside of Vodafone’s Group provided that Vodafone has obtained the Customer’s prior written consent.
  4. Vodafone shall be entitled to sub-contract (in whole or in part) Vodafone’s responsibilities under this Agreement to a third party of Vodafone’s choice, but Vodafone shall remain responsible for Vodafone’s sub-contractor’s actions in carrying out Vodafone’s obligations under this Agreement.
  5. A notice under or in connection with this Agreement shall be in writing. All notices shall be sent by a public postal service or a courier service in either case requiring a signature to confirm receipt. Service of all notices shall be effective at the time of the signature confirming receipt.
  6. This Agreement shall only be enforceable by the parties to it, namely, the Customer, Vodafone and anyone to whom either party has transferred their rights under this Agreement in accordance with Clause 14. 3 No other person who is not a party to this Agreement may enforce its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
  7. This Agreement and shall be governed by, and construed in accordance with, English law. All issues and disputes under this Agreement Contract shall be dealt with exclusively in the English Courts if the parties cannot resolve them by agreement.
  8. All headings in this Agreement are for the Customer’s convenience, and do not have any legal effect. Use of the singular includes the plural and vice versa. Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expressions shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
  9. Every provision in this Agreement is independent from the others to the extent that, if a provision, or any part of it, is ruled to be illegal or unenforceable by the English Courts, that provision or the relevant part of it shall be treated as having been deleted from this Agreement, without affecting the remainder of that provision or the other provisions of this Agreement, which shall still have full effect.