Terms and conditions

Pay monthly airtime agreement (from October 2009)

Summary of the most important conditions

1 Summary

Your agreement with us is made up of:

  1. the price plan details including the minimum period shown in your welcome letter, welcome email or order form;
  2. the price plan terms which apply to your price plan (available from Vodafone stores and vodafone.co.uk); and
  3. the pay monthly airtime conditions.

2 What is this agreement for?

This agreement is for your SIM card and the minutes, texts, data and other services that you use. This agreement does not cover buying or maintaining any mobile equipment that we have given you. If your mobile equipment stops working, is lost or stolen, you must still keep to this agreement and pay the monthly line-rental charges until the agreement has ended. If your mobile equipment is lost or stolen, you will also have to pay for all usage charges and other charges up to the time you tell us that it has been lost or stolen.

3 Length of this agreement

This agreement will usually last for at least the initial minimum period shown in your welcome letter, welcome email or order form. You can end this agreement:

  • a by giving us 30 days’ notice by letter or email, which will apply after the end of your minimum period; or
  • b if one of the events in clause 11 takes place.

If the agreement ends before the end of the minimum period, you will also have to pay the line-rental charges for the rest of the minimum period (depending on any discount for early payment). If we upgrade your mobile equipment, you must enter into a new agreement for another minimum period.

4 Charges

The minimum price due under this agreement is the total of the line-rental charges due for the minimum period (plus any one-off initial charges). We will send you a bill every month (for the month to come) for the line-rental charge and other charges for the services unless we tell you otherwise. This means you have to pay the line-rental charge and the other charges for every month of this agreement, whether or not you use your SIM card. We may agree to accept payment by methods other than direct debit, but we will charge you a fee each month.

5 Our network services and blocking services

Services are not fault-free and the quality and coverage may vary. When your SIM card is connected, we may block you from using it abroad or from making international or premium-rate calls. We may agree to remove this block if you pay us a deposit. Charges for usage (both sending and receiving) while abroad are not covered by 'Inclusive airtime', unless we tell you otherwise.

If you have special needs, we can provide information or material in Braille, on audio tape or in large print. Please contact us to let us know which format you need.

Vodafone Pay monthly airtime conditions

1. Definitions of words used in this agreement

We, our or us – Vodafone Limited.

You or your – the customer named on the order form or shown in your welcome letter.

Agreement – these conditions, your price plan terms and price plan details.

Charges – all charges for services, as published in our price plan or which we otherwise provide. These include the monthly line-rental charge (billed for the month to come unless we say otherwise), the usage charges (billed after the relevant usage) and any other charges for the services provided to you or someone using your mobile or SIM card (for example, charges for the voicemail service, itemised billing, and so on, which we will bill you for as we decide).

Minimum period – an initial minimum period, shown in the order form or in your welcome letter or welcome email, starting on the date we connect your SIM card.

Mobile equipment – your mobile phone or other equipment and the SIM card used to access the services.

Network – the electronic communications systems we use to provide the services in the UK.

Price plan – the package of services you have chosen to receive as shown on the order form or in your welcome letter which we update every so often.

Price plan terms – the terms for your price plan. You can ask us for a copy from one of our retail stores, or by visiting our website.

Services – the communications service you receive through the network and other services we may provide to you.

 

2. Length of this agreement

a Unless we or you end this agreement in line with clause 11, we will continue to supply you with, and charge you for, the services.

b You must pay all charges until you or we end this agreement in line with clause 11. If you end this agreement before the end of the minimum period (other than under clause 11b), you must still pay all the line-rental charges left for the rest of the minimum period (see clause 11e below).

3. Services and coverage

a We aim to provide you with the services at all times. However, due to the nature of mobile technology, it’s impossible to provide a fault-free service.

b We will use reasonable efforts to give you access to networks in other countries. We call this roaming. Overseas networks may be limited in quality and coverage. Any access to overseas networks depends on the arrangements between us and the foreign operators. Not all services may be available while abroad.

4. Using the services

a You must keep to this agreement and our instructions on using the services. You are responsible for anyone who uses your mobile equipment.

b You must not use your mobile equipment or the services for any purpose we believe is abusive, illegal, fraudulent, a nuisance, or for criminal activities.

c You must not sell to anyone else all or any part of the services.

d We will choose a number for you to use with your mobile equipment on the network. The number does not belong to you and we may charge you a fee to transfer your number to another service provider.

e Any SIM card we provide stays our property. The software in the SIM card does not belong to you and we are licensing it to you to use with the services only. We may change your SIM card or tell you to return it at the end of this agreement. If you need a replacement SIM card, we will charge you the price set out in our most current price plan that applies.

f You may use the services to access the internet but we accept no responsibility for any content or services you may access. Unwanted programs or material may be downloaded from the internet without your knowledge. This may then give unauthorised people access to your mobile equipment.

g You must only use mobile equipment which is legally approved for connection.

5. Payment

a You must pay all charges by direct debit within 14 days of the date of any bill. We may accept payment by methods other than direct debit, but we will charge you a fee each month. We will charge you VAT, if this applies.

b If you owe us any money, and are not disputing the payment, and you do not pay it when due, we may charge you interest. We charge interest daily at the rate of 2% above the base rate of Barclays Bank each year. We may also charge you reasonable administration costs as a result of you paying your bill late or failing to pay it.

6. Losing your mobile equipment

If your SIM card or mobile equipment is lost or stolen, you must tell us as soon as possible so that we can prevent further use on it. You must pay for all charges due until you tell us. You must also continue to pay the line-rental charges until this agreement has ended as described in clause 2 or clause 11.

7. Changing charges and terms

a We may change our charges or introduce new charges. If we increase our charges, we will give you at least 14 days' notice and you may have a right to end this agreement under clause 11. If we believe any change in our charges will not disadvantage you, we may include it without telling you.

b We can make changes to or withdraw services at any time and we can make changes to or introduce new terms to this agreement at any time. We will give you at least 30 days’ notice of these changes if we do and you may have a right to end this agreement under clause 11.

c We may need to change your phone number or other number. We will let you know if this is the case.

8. Call limit, deposit and part payments

a We may set a limit on the amount of charges you may run up during each calendar month. (We call this a call limit.) We may agree to increase or remove the call limit after making credit checks. You may be able to go over your call limit, but if this happens, you must pay all charges.

b We may ask you for a deposit:

when we connect your SIM card;
to increase or remove your call limit;
if you increase how much you use the services; or
to unblock your SIM card from contacting international numbers, using overseas networks or making premium-rate calls.

You can ask for a refund of your deposit at any time, but we may reduce your call limit if you do. We can use the deposit to pay off any charges you owe us. When this agreement comes to an end, we will repay any deposit you have given us less any money you owe us. We will not pay any interest on any deposit we take from you.

c If there is a significant increase in your usage between bills, we may contact you. We may need a part payment so you can continue to use the services.

9. Suspending the services

a We can suspend or restrict your use of any of the services (other than emergency services) if:

we believe your mobile equipment or the services are being used in a way we do not allow under this agreement;
you have not kept to this agreement (for example, you fail to pay any charges when due);
we have asked you for a deposit or part payment which you have not paid;
you go over your call limit;
we believe that you have entered into this agreement fraudulently;
we believe you have got the right to use any number, mobile equipment or services in an unauthorised, illegal, or fraudulent way;
you tell us that your mobile equipment has been lost or stolen;
you become bankrupt or make any arrangement with creditors or go into liquidation or an administration order is made or a receiver is appointed over any of your assets;
you do anything (or allow anything to be done) which we think may damage or affect the operation of the network; or
the emergency services tell us to, or a law or regulation is passed which means we need to do so.

b We will try to tell you when we suspend or restrict your use, but we do not have to.

c When we suspend or restrict your use, this agreement will continue and you still have to pay all charges due during any period when we suspend or restrict the service.

10. Credits if there is a failure of the service

You will receive a credit against your line-rental charge if there is maintenance or technical failure of the network and you cannot use all of the services for three days in a row. The credit will represent the line-rental charge for the period the service was not available.

11. Ending this agreement

a Either of us may end this agreement by giving the other 30 days’ notice in writing. Your notice must include your mobile number and the signature of the account holder. You must pay the charges during the notice period.

b You may end this agreement by writing to us if:

we don’t do something fundamental that we should have done under this agreement (for example, if there is a complete failure of the network for seven days in a row due to something we have done), within seven days of you asking us in writing;
we tell you that there will be an increase in the line-rental charge by more than the increase in the retail price index (worked out as a percentage) since the last line-rental increase and you write to us before the increase applies;
we increase your charges in the UK which have the effect of increasing your total call and usage charges (based on your usage in the previous month) by more than 10% and you write to us before the increase applies; or
we change this agreement to your significant disadvantage including changing or withdrawing services (we will tell you if this is the case) and you write to us within one month of us telling you about the change. This does not apply if the change relates to services which you can cancel without us ending this agreement.

c We may end this agreement at any time by writing to you if:

you do anything (or allow anything to be done) which we think may damage or affect the operation of the network;
within seven days of us asking you in writing, you do not do something fundamental that you have to do under this agreement (for example, pay the charges when they are due); or
we are permanently unable to provide the services to you.

d When this agreement comes to an end:  

we will disconnect your mobile equipment from the network (you may keep the mobile equipment);
you will have to pay immediately all charges you owe on the date we disconnect your mobile equipment from the network; and
if it ends before the end of the minimum period, you will have to pay us immediately (as one lump sum) the line-rental charges left for the rest of the minimum period. You will not have to pay us any more for the mobile equipment or any of the other cancelled services.
 

e If this agreement ends before the end of the minimum period and you pay us the line-rental charges for the rest of the minimum period in one lump sum, we will reduce this line-rental payment by a rate we set. You can ask us how much this rate will be.

 

12. Liability and exclusions

a We will be legally responsible to you if our negligence causes death or personal injury. We will not be legally responsible to you for:  

loss of income;
loss of use of the services;
lost business or missed opportunities; or
any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into this agreement with you.  

We will not be legally responsible to you if we cannot provide the services because of something outside of our reasonable control.  

b Except for fraud or where our negligence causes death or personal injury, we will not pay more than £3000 or 150% of the charges in the previous 12 months, whichever is higher, for each claim or a series of related claims.

c If you are a consumer, the terms of this agreement will not affect any rights which you may have under any law and which we cannot exclude under any agreement.

13. Personal information

a We and our group companies may use your information to keep to our legal requirements and to:  

manage your account, carry out customer-care activities and train our staff;
monitor the quality and security of the network and test and maintain our IT systems;
protect us, and our brand, from activities that might cause loss or damage;
analyse and improve products and services; and
contact you with marketing messages if you have not objected. These messages may include marketing from other organisations, but we will not pass responsibility of your information to these other organisations.  

b We may monitor or record calls, emails or text messages made to, or by us, for our business purposes such as to:


improve customer service;
carry out quality-control exercise;
train our staff;
prevent unauthorised use of our telecommunications system; and
make sure we have effective systems in place to prevent or detect crime.  

c We do not include your details in any directory or directory enquiry service. If you want to have your information included in these services, you should contact us.

14. Credit-reference and fraud-prevention agencies

a You can ask us for information about how we use your details for credit checking and fraud prevention when you take out this agreement. We will also release, to credit-reference agencies and fraud-prevention agencies, details of your agreement with us including any change of address, payments you make, account balances, missed payments, disputes and queries. We, and other organisations, may use this information to help make decisions about other credit applications made by you or other members of your household you are linked to financially and to protect both our business and our customers from fraudulent activity. We may also use any information we hold to trace debts and assess claims. If you do not pay us in full and on time, we may tell credit-reference agencies who will record the debt.

b For more details on how we use your information, please see our privacy policy on our website. If you want to contact us about anything to do with your personal information, please write to: Data Protection Manager, Vodafone Limited, Baird House, The Connection, Newbury, Berks RG14 2FN. Or, you can email data.protection@vodafone.co.uk.

15. General

a We may transfer this agreement to anyone at any time. You may not transfer this agreement to anyone unless we have agreed in writing beforehand. We will not unreasonably refuse this request. No other person may benefit from this agreement.

b If you or we fail to enforce our rights under this agreement, it will not prevent you or us from taking further action.

c When you use your mobile equipment, your number may be shown to the equipment being called. Your number will always be shown if you are calling 999 or 112.

d We will send you notices by post, voicemail, text or other form of electronic message. We will treat you as having received the notices 48 hours after we have sent them. We will send all bills and notices served by post, to the address you have given. You must tell us about any changes to your address. You must send us notices by post or email to our address shown on the bill. You can assume we have received these notices 48 hours after you have sent them

e This agreement is under English law, unless:

you live in Scotland, in which case, it will be governed by Scots law; or
you live in Northern Ireland, in which case it will be governed by the law of Northern Ireland  

Registered address: Vodafone House, The Connection, Newbury, Berkshire RG14 2FN. Registered in England number 1471587

Contact us by

Email: ccare.webmails@help.vodafone.co.uk
Phone: 0333 3040 191
Fax: 0870 1616 500.
Updated October 2009