Terms and conditions
TopUp by phone, automatic TopUp and TopUp by text Service(s)
For customers who sign up to TopUp by phone, automatic TopUp and TopUp by text services over the phone from December 2015
These terms and conditions will apply when you access the TopUp by phone service through your Vodafone mobile by calling 2345 (free from your Vodafone mobile) and paying with your debit or credit card, or when you use the automatic TopUp and TopUp by text service. Before proceeding to use the service, we ask that you read these terms and conditions carefully.
If you find yourself unable to agree to these terms and conditions, you must not use our service.
If however you agree to them unconditionally, you will then be able to use the service to which these terms and conditions will apply.
1. General information
For your convenience, we have listed below some general information about ourselves:
“We” are Vesta Payment Solutions of Vesta Payment Solutions Ltd, Finnabair Business Park, Dundalk, Co. Louth, Republic of Ireland. We manage the TopUp by phone, automatic TopUp & TopUp by text payment services on behalf of Vodafone.
Our email address is firstname.lastname@example.org. You can also get help from the Vodafone web site by going to www.vodafone.co.uk/help. The services We offer are the TopUp by phone, automatic TopUp and TopUp by text services (“the TopUp Services”) that are available over the phone. Following successful registration, these TopUp channels allow credit or debit card account holders (the “TopUp by phone users”) the opportunity to purchase airtime using their registered payment instruments and add it to the balance of registered Vodafone Pay as you go mobiles. This can be done via a choice of channels: by calling 2345 (free from your Vodafone mobile), as an automatic recurring service, or by requesting a TopUp via an SMS message to 2345 (free from your Vodafone mobile).
“automatic TopUp” means a TopUp service allowing you to purchase airtime for a Vodafone Pay as you go mobile on a recurring basis.
“TopUp by phone” means the one-time TopUp service allowing you to purchase airtime for a Vodafone Pay as you go mobile in a single instance.
“TopUp by text” means a one-time TopUp service allowing you to purchase airtime for a Vodafone Pay as you go mobile via SMS.
The “Agreement” means these conditions (and the documents referred to in them). These conditions, and any changes made to them, may be viewed and printed out at any time from our Website at www.vodafone.co.uk
The “Registration Data” means your name (the name on your credit or debit card), cardholder billing address, e-mail address, and payment details.
The “Registration Process” means the process of registering your credit or debit card details and creating a PIN number when you call 2345 (free from your Vodafone mobile).
“you”, “your,” or “yours” means the person we make this Agreement with.
“we,” “us,” or “our” means Vesta Payment Solutions Ltd.
2. Commencement of this agreement
This Agreement starts on the day when we accept your registration details for the TopUp Services, following completion by you of the Registration Process. The terms set out in this Agreement will be deemed to apply on every occasion you choose to use the TopUp Services or a TopUp by phone, automatic TopUp or TopUp by text takes place under your instruction or allowance.
3. Provision of the TopUp Services
3.1 We agree to provide you with the TopUp Services under the terms and conditions of this Agreement and in performing our obligations under this Agreement, we will exercise reasonable care and skill.
3.2 Provision of the TopUp Services is dependent upon completion of the Registration Process by you. You represent and warrant that all information that you provide to us in connection with the TopUp Services, including but not limited to your Registration Data, will be complete and accurate in all respects and you acknowledge that We are wholly reliant on the accuracy of the Registration Data you provide and will rely on it in the provision of the TopUp Services to you.
We reserve the right to decline your registration to use the TopUp Services, and withhold the reasons why the registration was declined.
You will be allocated a personalised account to use the TopUp Services known as the “TopUp Account”. To set up your TopUp Account, you must provide certain information to us and in your use of the TopUp Services you will have certain duties to Vodafone and Vesta Payment Solutions Limited, including those in relation to the security of your account, and the associated TopUp codes/PIN numbers created by you.
In order to become a registered user, you must supply a valid credit or debit card. You must provide certain information to us to enable us to validate your identity and verify that you are the owner of, or an authorised user of, such credit or debit card(s). You will also have to provide us with details such as your postal address and details of the Vodafone Pay as you go mobiles that you would like to register for the TopUp Services (your “Registration Data”). You may register such number of Vodafone Pay as you go mobiles as may be determined by us. The information that you provide may be validated against information we already have on file that is associated with you, your credit or debit card, the Vodafone Pay as you go mobile or information we receive from one or more third parties, or information maintained by a third party.
If you are unable to provide adequate information for us to validate your identity or the authority of the holder of the Vodafone Pay as you go mobile, we have the right to not allow you to register for the TopUp Services. You warrant that the information is correct and that you have the legal right to use all of the credit or debit cards you register for the TopUp Services.
By signing up for the TopUp Services, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the online registration form, and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that your Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend, terminate, or refuse your current or future use of the TopUp Services.
3.3 We cannot guarantee that the TopUp Services will never be faulty, but we will correct reported faults as soon as we reasonably can.
3.4 We reserve the right to temporarily suspend the TopUp Services for operational reasons, but before doing so will give you as much notice as we reasonably can. We will restore the TopUp Services as soon as possible after any suspension.
3.5 For operational reasons, we may have to alter codes, numbers, or technical specifications associated with the TopUp Services. For service-affecting changes, we will give you as much notice as we reasonably can.
3.6 If you are not satisfied with any aspect of the TopUp Services you may contact Vodafone by calling 191 from your Vodafone mobile. The call is free if you’re a Pay monthly or a Pay as you go customer. You can also check the Vodafone web site for help and frequently asked questions at www.vodafone.co.uk/help
3.7 You can use the TopUp Services to order TopUps for your Vodafone Pay as you go mobiles. The nominated Pay as you go mobile will be updated to reflect the TopUp ordered by you shortly after you place your order. Payment is processed immediately and airtime will be credited usually within 2 minutes, although please note that this may take up to 24 hours. Once a TopUp has been ordered and accepted by Vodafone, you will be unable to cancel the order.
3.8 Accessing and Changing Your Information. You can review the personal information you provided to us and make any desired changes to such information, or to the settings for your TopUp Account, at any time by calling 2345 from your Vodafone mobile. You can also close your TopUp Account by ringing 2345 (free from your Vodafone mobile). If you close your TopUp Account, we will mark your account on our database as “Closed,” but will keep your information in our database for a limited period of time. This is necessary in order to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their TopUp Account and opening a new account. However, if you close your account, your personally identifiable information will not be used by us for any further purposes, nor sold or shared with unrelated third parties, except as necessary to prevent fraud and assist law enforcement, or as required by law.
4. Charges and payment
4.1 We are responsible for collecting all payments on behalf of Vodafone for orders placed using the TopUp Services.
4.2 We act as Vodafone's agent for authorising and collecting these payments. Payment is authorised at the time of the order being placed by you, or the time that the TopUp is processed, and the payment is taken from your card.
4.3 By placing your order, you authorise us to take the relevant payment by credit or debit card. This payment appears on your card statement as “Vesta* Vodafone TopUp” for TopUps applied to a Vodafone Pay as you go mobile.
4.4 We will attempt to take the card payment on the payment device you have specified. If your bank declines the payment, you will usually not receive any airtime credited to your account. However, if airtime is credited, and we are unable to collect payment from your bank from your chosen card, we reserve the right to attempt to collect funds from any other payment device registered on your TopUp Account.
4.5 We may set an upper limit of total amounts you may order through your TopUp Account, and reserve the right to amend this limit at any time without notifying you.
5. Use of your information
5.1 When you first provide us with details of your credit and/or debit cards you are required to do an immediate top up to validate these card details. Each time the details of your credit and/or debit cards are changed, you will be required to do another immediate top up to validate these new details.
5.2 Payment details you provide during the Registration Process will be encrypted and stored on a secure server.
5.3 We reserve the right to restrict your access to the TopUp Services as and when Vesta Payment Solutions Ltd. deems that the activity or the changes of personal or payment data on the TopUp Account breaches the risk business rules associated with the TopUp Services. The risk business rules monitor changes made to your personal and payment details held on your TopUp Account, the volume and value of TopUps requested through your TopUp Account and the failure of collection of payment for the authorised TopUps.
5.4 We may communicate with you on a regular basis via SMS to provide requested services, inform you of updates regarding your TopUp Account and we also may communicate by phone to resolve complaints or investigate suspicious transactions.
5.5 We will use the personal data you provide with your Registration Data, together with transactional data (but not your personal financial details) for the purposes of:
(a) processing your registration;
(b) administration of the TopUp Services; and
(c) statistical purposes to improve the TopUp Services.
5.6 We may share your personal information with: companies within the Vodafone group of companies and any company or other entity in which Vodafone Group owns (directly or indirectly) more than 15% of the issued share capital for the purposes described in these terms and conditions (including, without limitation, its fixed line telephony and insurance companies); and in the event that we undergo re-organisation or are sold to a third party, you agree that your personal information may be transferred to that re-organised entity or third party for the purposes and subject to the terms of this Agreement.
5.7 Your personal information may be held and used by companies within the Vodafone Group for a number of purposes and Vodafone Group may use third parties to support Vodafone Group with purposes that include, without limitation:
processing your orders or applications; administering your account and billing; settling accounts with those who provide related services to Vodafone Group; disclosing your data to bank and debit and credit card companies to validate your debit or credit card details; dealing with requests, enquiries or complaints and other customer care related activities; debt recovery (also using recovery agents and agents facilitating to contact you) and legal actions and all other general administrative and business purposes; carrying out market and product analysis of your information to develop and improve and to tell you about Vodafone Group's products and services, new developments, special offers, discounts and awards which Vodafone Group believe may be of personal interest to you. Vodafone Group may tell you by automated means or otherwise, including by email, fax, mobile text message, MMS, telephone, post and via world wide web, Mobile Web, Mobile Apps, WAP and similar sites subject to any preferences indicated by you at the time you apply to enter into this Agreement or subsequently; contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of your information to the third party concerned; passing on data to organisations from which you have ordered any products and services; registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of Vodafone Group's loyalty or reward programmes and other similar schemes; carrying out any activity or disclosure in connection with a legal, governmental, national security or regulatory requirement on us or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or carrying out activities connected with the running of Vodafone Group business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of Vodafone Group business in respect of which you are a customer or a potential customer.
6. Restrictions on use
6.1 You must not re-sell or attempt to re-sell the TopUp Services (or any part of them) to any third party or attempt to exploit the TopUp Services for any commercial purposes.
6.2 A person who is not a party to this Agreement has no right under the Agreements (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
6.3 You must not knowingly order a TopUp when there are insufficient funds on your credit or debit card to allow Vesta Payment Solutions Ltd. to collect payment successfully on behalf of Vodafone.
7.1 Neither you nor anyone else authorised by you may use the TopUp Services:
(a) fraudulently or in connection with a criminal offence;
(b) in an unlawful manner, in contravention of any applicable legislation or license;
(c) in a way that does not comply with any instructions that we have given to you;
(d) or attempt to use the TopUp Services for tampering, hacking, modifying or otherwise corrupting the security or functionality of the TopUp Services, and you must make sure that this does not happen. The action we can take if it happens is explained in paragraphs 9.1 and 9.2.
8.1 In order to use the TopUp Services you will use a PIN (TopUp Code) number. You are responsible for the security and proper use of your PIN relating to the TopUp Services and must take all necessary steps to ensure that the PIN is kept confidential, secure and is used properly. You agree not to divulge your PIN to any other person, and you agree not to use another person's PIN. However, you may authorise additional users of your TopUp Account subject to them agreeing to be bound by the terms and conditions of this Agreement. If you give your PIN to another person, either in accordance with this provision or otherwise, you will be deemed to have authorised them to use that PIN for any and all purposes. You agree that we shall have no liability to you or any other person for any losses or damages that you or anyone else may incur if you disclose your PIN to any other person, including losses arising out of the re-disclosure of this information by the recipient to another person.
8.2 You will be able to change your PIN. If you forget your PIN, you can call 2345 (free from your Vodafone mobile) to request that your stored payment details are removed from your TopUp Account and can create a new PIN and re-register your card details. Alternatively, if you forget your PIN you will have the opportunity, by calling 2345 (free from your Vodafone mobile), to provide your full card details for security, and if validated as matching those associated with the card(s) registered on the account, can change your PIN. We won’t provide you with a PIN, this is a unique number chosen by you.
8.3 If we have reason to believe that there is likely to be, or has been, a breach of security or misuse of the TopUp Services we may:
(a) require change of your PIN; and/or
(b) suspend your access to the TopUp Services, and notify you accordingly.
8.4 You must inform us immediately if you believe that any PIN has become known to any other person or if any PIN is being or is likely to be used in an unauthorised way.
8.5 You agree to update us immediately with any changes to the information you give to us during the Registration Process including any changes to your TopUp Account details.
9. If you break this agreement
9.1 We can suspend your TopUp Services or terminate this Agreement (or both) immediately if:
(a) you breach this Agreement;
(b) we believe that the TopUp Services are being used in a way forbidden by paragraph 6, even if you do not know that this is the case;
(c) we determine that your TopUp Account is inactive;
(d) bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditors is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation;
(e) one or more than one payment resulting from your order of a TopUp cannot be collected successfully by Vesta Payment Solutions Ltd. on behalf of Vodafone;
(f) payments collected successfully by Vesta Payment Solutions Ltd. on behalf of Vodafone from your order of a TopUp are subsequently disputed by you or your card issuer and the monies for the aforementioned payment are returned to you or your card issuer;
(g) We receive notification from Vodafone that your mobile network service provision has been barred.
9.2 We may seek to recover any outstanding payments or payments that have failed collection for which you will remain liable.
9.3 If we suspend your TopUp Services, they will not be restored until you satisfy us that the TopUp Services will only be used in accordance with this Agreement.
9.4 If your TopUp Services are suspended because of a breach of this Agreement by you, this Agreement will still continue.
10. Ending this agreement after the TopUp Services are provided
10.1 Activation of the TopUp Service will be deemed to have occurred upon confirmation that your registration was accepted.
10.2 After activation of the TopUp Service, this Agreement may be ended by either:
a) You (if you have no right terminate under paragraph 9.1); or
on immediate notice to the other and subject to all outstanding payments being satisfied.
10.3 Notice of cancellation should be given by you by calling 2345 (free from your Vodafone mobile).
11. Matters beyond reasonable control
If we cannot do what we have promised in this Agreement because of something beyond our reasonable control such as failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, 'hacking', unauthorised access, theft, operator error, earthquakes, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind (including those involving our employees), or information lost due to malfunction or loss of any electronic systems, we will not be liable for this. If any such events continue for more than 7 days, you can terminate this Agreement provided that you give us notice. If the events continue for more than 3 months, we can terminate this Agreement by giving you notice. In either event, no administration charge will be raised.
12 Our liability
12.1 We accept liability if you are injured or die as a result of our negligence. We do not limit that liability and paragraphs 12.2 and 12.3 do not apply to that liability.
12.2 We have no liability for any loss that is not reasonably foreseeable, nor any loss of business revenue, profit, or savings you expected to make, wasted expenditure or data being lost or harmed. Neither we nor our subcontractors shall be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use data or other intangible losses, even if we have been advised of the possibility of such damages.
12.3 Our liability in Agreement, tort or otherwise (including liability for negligence) under or in connection with this Agreement is limited to £250 for any event or related series of events and £500 for all events in any period of 12 months.
12.4 We are not liable under this Agreement whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
12.5 SMS telecommunications is separate from the TopUp Services and use of SMS is at your own risk and is subject to any applicable laws. We have no responsibility for any goods, services, information, software, or other materials obtained by you when using SMS.
12.6 Each provision of this paragraph 12 operates separately in itself and survives independently of the others.
13.1 You must reimburse us in respect of any sums we are obliged to pay because:
(a) the TopUp Services are misused in any of the ways described in paragraph 7;
(b) any claims or legal proceedings are brought or threatened against us by another person in respect of defamation, breach of copyright or other intellectual property right infringement which are attributable to your use of the TopUp Services; or
(c) if you use the TopUp Services for business purposes, any claims or legal proceedings are brought or threatened against us by another person because the TopUp Services are faulty or cannot be used by them.
Neither we nor you may transfer or try to transfer this Agreement or any part of it to anyone else, except that we may transfer our rights and obligations to another company.
We may change the terms and conditions of this Agreement at any time. We will give you at least 7 days’ notice of any changes before they take effect. Any changes may also be viewed at www.vodafone.co.uk
16. Giving notice
16.1 Notices given under this Agreement may be given over the phone only:
(a) To us: by calling 2345 (free from your Vodafone mobile);
(b) To you: at the mobile number you specify when registering for the TopUp Service or any alternative means which you notify to us at any time.
17. Law and jurisdiction
This Agreement is governed by English law and both we and you submit to the exclusive jurisdiction of the English Courts.
Security Information and Privacy
Vesta is committed to the privacy and security of personal information obtained from You. The following policies ensure your personal information is secure.
What This Policy Covers
This policy covers Vesta’s treatment of personally identifiable information collected when you use the TopUp Services
Information Collection and Use
Vesta may collect the following information from you when you use the TopUp Services:
- Phone number
- Address and Post Code
- Credit/debit card details.
Vesta will not use or share any personal information you make available to us for any marketing or solicitation purpose. We may collect information that identifies you personally, such as your phone number, name and address, which we may use to contact you. However, personal information will only be used for the purpose of fraud prevention, investigating and following up on your inquiry.
Information Sharing and Disclosure
Vesta will not disclose to any third parties any of the information collected during your use of the TopUp Services, except in response to government or law enforcement related inquiries.
Vesta may amend this policy from time to time. If any substantial changes are made in the way your personal information is collected or used, we will notify you by posting a prominent announcement on www.trustvesta.com.
Questions or Suggestions
Version December 2015