What is this Agreement for?
This Agreement is for your use of Sure Signal. By using Sure Signal you agree to keep to this Agreement.
What it does not cover
It does not cover your SIM card, minutes, texts, internet or other services that we provide to you which are governed by separate agreements ("Airtime Agreements").
If there is any difference between this Agreement and the Airtime Agreements, then what is said in the Airtime Agreements will apply.
1. What we mean
"we", "our" or "us" means Vodafone Limited. "you" or "your" means the person who has registered their details with us as the owner of the Sure Signal.
"Agreement" means these terms and conditions, as may be updated from time to time.
"Broadband" means the DSL broadband internet services which you may subscribe to from time to time.
"Mobile Device" means the mobile phone or other equipment and the SIM card used to access the Vodafone Network.
"Sure Signal" means the Sure Signal Box and the Sure Signal Service.
"Sure Signal Box" means the Vodafone Sure Signal femtocell box and related accessories that we may supply with the Sure Signal box.
"Sure Signal Service" means the enhanced (when the Mobile Device is within range) 3G Vodafone Network Services provided through the Sure Signal Box.
"Users" means the individuals who have a connection to the Vodafone Network and who you have registered as authorised users of your Sure Signal.
"Vodafone Network" means the electronic communications systems used by us to offer you the Vodafone Network Services.
"Vodafone Network Services" means the communications services you receive via the Vodafone Network, including voice, text and internet services.
2. The Sure Signal Service and Charges
We will provide you with the Sure Signal Service:
a) where you pay monthly for the Sure Signal Service, for the initial minimum period set out in your welcome pack and Price Plan; or
b) where you purchase the Sure Signal Service in 1 instalment, for 24 months following receipt of the Sure Signal Box; or
c) where we provide the Sure Signal Service to you for free, for 24 months following receipt of the Sure Signal Box; (the "Initial Term")
After the Initial Term we won’t charge you for the Sure Signal Service (where applicable) which will be provided to you on an "as is" basis. The Sure Signal Service will only be available for as long as the Sure Signal Box is in working order. If the Sure Signal Box fails to work after: (i) the Initial Term; or (ii) any warranty period we may extend to you, you will be required to replace the Sure Signal Box at your own cost, in order to continue receiving the Sure Signal Service.
The use and availability of the Sure Signal Service is subject to what we say in the Airtime Agreements.
If you are paying for the Sure Signal Service in instalments, we’ll bill you monthly in advance. Payment of the Sure Signal Service shall be in accordance with the Airtime Agreements.
3. Your use of the Sure Signal
Your use of the Sure Signal is separate from your rights and obligations under the Airtime Agreements. If your Sure Signal Box stops working, is lost or stolen, you will still need to keep to the Airtime Agreements and continue to pay any charges until the Airtime Agreements have ended.
You are responsible for installing the Sure Signal Box, including providing any power, Broadband, equipment, hardware or software that may be required. Please look at the ‘Quick Start Guide’ for installation and safety information. You should read all instructions as well as safety and security information before installing the Sure Signal Box.
The Sure Signal is only compatible with the Vodafone Network and cannot be used for other telecommunication networks. You need an active SIM card and compatible 3G Mobile Device.
You will own the Sure Signal Box upon receipt. Unless we say something different, you accept all risk for loss, theft or damage to the Sure Signal Box. The Sure Signal, Mobile Device and/or the Vodafone Network Services must not be used for any purpose we reasonably believe is abusive, objectionable, illegal, fraudulent, a nuisance or for criminal activities. You must immediately tell us if the Sure Signal Box is lost or stolen or you know the Sure Signal is being used for fraudulent or other illegal activities.
You must only use the Sure Signal in accordance with the guidelines, instructions and other specifications provided to you from time to time. The Sure Signal must only be used in the United Kingdom.
If you decide not to use the Sure Signal Service for 3 months (or more) we can suspend, restrict or stop providing the Sure Signal Services (all or part of them) and you’ll still have to pay all charges during any period of restriction or suspension. If we do this, we will, if you ask us to, reconnect the Sure Signal Services unless you’ve not used or registered your Sure Signal Box for 12 months. After this time, if you’ve not registered or used your Sure Signal Box we’ll stop providing the Sure Signal Services and won’t be able to reconnect your Sure Signal Box to the network.
We’ll try and tell you when we suspend, restrict or end your use, but we won’t be able to if we don’t have your contact details.
The copyright, trade marks and other intellectual property rights in any content, software or other materials ("Vodafone Materials") which we provide to you belongs to us or our suppliers. We grant you a limited, non-exclusive, non-sub licensable, revocable, licence to use the Vodafone Materials in order to receive and enjoy the benefit of the Sure Signal Services, but you agree not to copy, modify or publish the Vodafone Materials and you agree not to supply the Vodafone Materials to any other person other than as permitted in this Agreement.
4. Use of the Sure Signal Service by Users
You are responsible for User’s use of the Sure Signal Service. It is your responsibility to ensure Users comply with the terms of this Agreement. We recommend you bring these terms to the User’s attention prior to their use of the Sure Signal Service.
5. The Sure Signal and Your Broadband
The Sure Signal Service is entirely dependent on your Broadband connection. Any service interruptions or power interruptions to your Broadband will prevent or alter the proper functioning of the Sure Signal Service and availability of the Vodafone Network Services.
Unless we have agreed to provide you with Broadband under a separate agreement, we are not responsible for the provision or availability of your Broadband. We will not provide any kind of support, whether technical or otherwise in respect of your Broadband. If you have any concerns as to your Broadband compatibility or connectivity you should consult your Broadband provider or documentation.
If you use the Vodafone Network Services through the Sure Signal to consume large quantities of data you may affect the speeds of your Broadband connection and vice versa.
Certain Broadband providers may prevent the proper functioning of the Sure Signal. We make no representation that the Sure Signal is compatible with all Broadband services and you are solely responsible for ensuring that your Broadband is compatible.
6. Making Calls to the Emergency Services
You may not be able to make an emergency call if the Sure Signal Box does not have adequate power supply, Broadband connectivity, or there is some other service disruption. Please do not solely rely on the Sure Signal to make emergency calls.
The emergency services may use the details you register for the Sure Signal to identify your location. You should keep your contact details up to date and immediately notify us of any change. If you sell or otherwise transfer the Sure Signal to another person, as permitted in this Agreement, you need to let us know as soon as possible.
7. Your Privacy and Security
We and our group companies may use your personal information to comply with our legal obligations and for the following purposes:
a) account management, customer care activities and personnel training;
b) monitoring the quality and security of the Services, testing and maintenance of our IT systems;
c) protecting us, and our brand, from activities that might cause loss or damage;
d) analysing and improving products and services; and
e) to contact you with marketing messages where you have not objected. Such messages may include third party marketing, but we won’t pass control of your information to third parties.
Monitoring or recording of calls, emails or text messages made to, or by us, may take place for our business purposes such as customer service, quality control and training, to prevent unauthorised use of our telecommunications system and to ensure effective systems operation and to prevent or detect crime.
We do not include your details in any directory or directory enquiry service. If you wish to have your information included in such services, you should contact us.
We will process the location you provided us with for regulatory purposes and you’ll let us know if the location of the Sure Signal Box changes.
We will access the Sure Signal from time to time remotely in order to provide you with Sure Signal updates.
8. Changing the Terms of this Agreement
We can make changes to or withdraw the Sure Signal Service at any time and we can make changes to and/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 9 below.
9. How you can end this Agreement
Where you pay monthly for the Sure Signal Service as part of your Price Plan during the Initial Term, you may end this Agreement:
a) by giving us 30 days prior written notice in writing; or
b) when we don’t do something fundamental that we should have done under this Agreement within 7 days of you asking us in writing; or
c) we change this Agreement to your significant disadvantage including the change or withdrawal of the Sure Signal 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.
If you end this Agreement you must include your mobile number and the signature of the account holder. You must pay any charges for the Sure Signal Service during the notice period, in accordance with your Price Plan (where applicable).
If you are currently paying for the Sure Signal Service as part of your Price Plan and you terminate this Agreement before the end of the Initial Term you must pay us the remaining charges for the Sure Signal Service for the rest of the Initial Term in one lump sum.
If you wish to terminate this Agreement after the Initial Term or where you have paid for the Sure Signal Service in 1 instalment or receive the Sure Signal Service for free, you can terminate this Agreement by deregistering your account online or by notice to us in accordance with clause 12 below.
10. How we can end this Agreement
We may end this Agreement at any time by writing to you if:
a) you do anything (or allow anything to be done) which we think may damage or affect the operation of the Vodafone Network; or
b) within 7 days of us asking you in writing you do not do something fundamental that you have to do under this Agreement (e.g. pay the charges when they are due (if applicable)); or
c) we are permanently unable to provide the Sure Signal Service to you; or
d) if the Airtime Agreements are terminated or come to an end.
When this Agreement comes to an end:
a) we will disconnect you from the Sure Signal Service; and
b) you will have to pay immediately all charges outstanding at disconnection (where applicable).
11. Our responsibilities to you
We will take all reasonable steps to pass on the benefit of any manufacturer's warranty applying to the Sure Signal Box and any equipment we supply to you. To the maximum extent permissible by law, we exclude all representations, warranties, conditions and other terms not expressly stated in this Agreement, including any implied warranties or conditions as to:
- non-harm to any equipment, including your Broadband connection; and
- the Vodafone Network Service or Sure Signal Service being error free, uninterrupted or available at all times, through the Sure Signal Box.
We will be liable to you if our negligence causes death or personal injury or we act fraudulently. In this case our liability will not be limited and the following paragraphs in this clause 11 will not apply.
We will not be liable to you for any loss of income, loss of use of the Vodafone Network Services, lost business or missed opportunities, costs or expenses or for any loss or damage that is not directly caused by us and/or we could not reasonably expect at the time we entered into this Agreement with you.
We will not be liable for any third party claims, any claims arising from Users or any claims which may arise out of your relationship with your Broadband provider.
Our total liability to you under this Agreement will not exceed £1000 per claim or a series of related claims.
If you are a consumer nothing in this Agreement shall affect any rights which you may have under any law and which cannot be excluded by this Agreement.
We may transfer this Agreement to someone else at any time, without your consent.
If you have obtained the Sure Signal Service through your Price Plan you may not transfer this Agreement to someone else until the end of the Initial Term. Once the Initial Term has expired and in all other cases, you may transfer this Agreement to someone else. Your attention is drawn to clause 6 of this Agreement and the importance of keeping the registered user of the Sure Signal up to date.
Failure by either of us to enforce our rights under this Agreement shall not prevent you or us (as the case may be) from doing so later.
This Agreement is under English law, unless (i) you live in Scotland, in which case, it will be governed by Scots law, or (ii) you live in Northern Ireland, in which case it will be governed by the laws of Northern Ireland.
If a court or government agency finds any part of this Agreement is unenforceable, then that part of this Agreement will be removed and the remaining terms of the Agreement will continue unaffected.
We’ll send you notices by post, voicemail, text or other form of electronic message and will assume for notices by post that you’ve received them 48 hours after we’ve sent them. All notices served by post will be sent to the address given by you. You must tell us of any changes to your address. You must send us notices by post or email to our address on the bill. Such notices will be deemed to be with us 48 hours after being sent.
A person who is not a party to this Agreement has no right to benefit under or to enforce any terms of this Agreement.
Who are we? Vodafone Limited, Vodafone House, The Connection, Newbury, Berkshire RG14 2FN
Updated: April 2013