Please refer to our Terms and Conditions at www.premierchoicegroup.com/terms, specifically Clause 7.
1. Terms Used in this Agreement:
1.1 “Agreement” means these terms and conditions, the Order Form and the Tariff.
1.2 “Airtime” means wireless airtime and network capacity procured from the Network Operator.
1.3 “Artificially Inflated Traffic” means calls that result in a calling pattern or patterns that are disproportionate to the overall type, amount, duration and/or extent of calls which would be expected from good faith usage of the Network and/or Services.
1.4 “End-User Licensed Software” (EUL) means any software, the licence terms for which are governed by a separate agreement with the licensor of such software typically by means of a “click-wrap” or “shrink-wrap” licence agreement.
1.5 “Equipment” means the items supplied by us under this Agreement and includes any Software (but not End-User Licensed Software) and documentation supplied under this agreement.
1.6 “GSM Gateways” are devices that transfer a fixed line call onto a radio network via a SIM card and radio channel, thus gaining a mobile-mobile call rate rather than fixed-mobile.
1.7 “GPRS Bearer” means the General Packet Radio Service provided by the Network Operator that forms part of the Airtime.
1.8 “Mobile Device” means the mobile equipment incorporating a SIM card.
1.9 “Mobile Web” is full colour Internet access and email on the move.
1.10 “Network” is the mobile device system over which our services are provided.
1.11 “Network Operator” means the network operator who operates the wireless network of networks to which the SIM Cards are connected.
1.12 “Order Form” means the Premier Choice Telecom Limited order form to which these terms and conditions are attached and which contain details of your application for the Services and the Mobile Devices.
1.13 “Services” means the provision of Airtime, Equipment, GPRS Bearer, Mobile Web, SMS, SMS Land to Mobile Text Messaging Service, location based services and/or any other Wireless Services.
1.14 “Software” means any software (excluding End-User Licensed Software) supplied to the Customer, the Network Operator or any other supplier under the terms of or in respect of this Agreement.
1.15 “SIM Card” means the subscriber identity module supplied by the Network Operator (and which shall at all times remain the property of the Network Operator), which is allocated to you and which contains the Number.
1.16 “SMS” means the short message service, which enables text messages to be sent to, and received from Devices.
1.17 “SMS Land to Mobile Text Messaging Service” means the short message service for text message sent to SIM Cards via a software application in conjunction with a private of virtual private circuit linking the Customer’s wireless private or virtual private data network with the Wireless Services.
1.18 “Premier Choice Telecom Limited” or “we, or us” means Premier Choice Telecom Limited, Company No: 4041312 and whose registered office is at Premier House, 102a Sidcup Road, Sidcup, Kent DA15 7DE
1.19 “Tariff” means the Premier Choice Telecom Limited tariff that sets out the rates, which we will charge you for your calls and other services you have chosen. Please contact us if you have not received a copy of our Tariff with the Order Form.
1.20 “Minimum Term” the length of time you commit to taking the Services for each Mobile Device or Mobile Device upgrade ordered as more particularly described in Clause 3. The initial Term is specified on the Order Form under the Length of Agreement.
1.21 “You” and “Your” means the customer whose company details or personal details are set out on the Order Form.
1.22 “Additional Charges” means all and any charges not already included in the charges payable by You, which become payable by Us in respect of Your use of the Service.
2. Scope of the Agreement:
2.1 Premier Choice Telecom Limited agrees to provide you with the Services and/or Mobile Devices and you agree to use the Services and the Mobile Devices on the terms set out in this Agreement.
2.2 This agreement and any other document referred to herein sets out the entire agreement between us relating to any Mobile Device or Services supplied to you by Premier Choice Telecom Limited. You acknowledge that you have not relied on any representation, undertaking, or statement not set out in this Agreement.
3. Length of Agreement:
3.1 This Agreement begins when we either accept your application for the Services and/or Mobile Device in writing or when we send you the Mobile Devices and/or SIM Card for the Services you have ordered, whichever is the earlier. Our acceptance of your application is subject to your passing a UK credit check, your consent to our submitting your details to a credit reference agency for this purpose and by signing this Agreement.
3.2 You agree that each Mobile Device ordered by you is subject to its own agreement. The Minimum Term commences on the date of initial connection of your Mobile Device and/or SIM Card to the Services. The Minimum Term is specified on the Order Form under Length of Agreement. The Minimum Term (and any extension thereof) shall automatically be extended for a further period or periods of 6 months until written notice is given to terminate in accordance with clause 8.3.
3.3 Upgrades: If you upgrade your Mobile Device to a new model at any stage during the Minimum Term, then the new model Mobile Device will be subject to a new Minimum Term from the date the new model is delivered.
4. Supply of Mobile Devices:
4.1 We will try to deliver the Mobile Devices within agreed timescales, under no circumstances shall we be liable to you for any loss of any kind whatsoever caused by any delay in delivery of the Mobile Devices.
4.2 Premier Choice Telecom Limited is not the manufacturer of any Mobile Devices supplied to you under this Agreement. Premier Choice Telecom Limited warrants that each item of Equipment will conform in all material respects to the manufacturer’s specification for a period of 12 months (apart from Software in which case for 90 days) from the date on which each item of Equipment is dispatched (the “Warranty Period”) unless special conditions associated with certain Equipment apply.
4.3 All risks of loss or damage to Mobile Devices shall pass to you on delivery. Property in the Mobile Devices shall not pass to you until the purchase price has been paid in full and we or the manufacturer of any Mobile Device which is not fully paid for reserve the right to retrieve the Mobile Device at any time if you breach this Agreement in any way. The SIM Cards shall remain the property of the Network Operator at all times.
4.4 Any Mobile Device delivered damaged must be notified to Premier Choice Telecom Limited within 3 working days and returned to us within 6 working days of the order being delivered. We may, entirely at our discretion, repair or replace such damaged Mobile Devices, substitute substantially similar goods or reimburse the price paid for the damaged Mobile Devices.
4.5 The warranty set out in this clause shall not apply where the Mobile Equipment have been altered in any way or been subjected to misuse, including without limitation being dropped in water or any other liquid, or to unauthorised repair.
5. Charges and Payment:
5.1 You have to pay for all charges for your Mobile Device and for using the Services as set out or referred to on the Order Form or in the Tariff you have chosen on the Order Form, including without limitation the Call Charges, Connection Charges, Monthly Line Rentals, any Additional Charges and Mobile Devices Prices (together “the Charges”). You acknowledge that you are responsible for paying all Call Charges made using your Mobile Device and/or SIM Card whether or not such call has been made by your personally.
5.2 Unless expressly stated otherwise, all charges and prices for Services and Mobile Devices supplied under this Agreement are exclusive of VAT, which shall be charged at the rate and in the manner prescribed by law from time to time.
5.3 We must receive payment from you for the Charges within 14 days of the date of the invoice. Payments must be made by direct debit. Any other payment method can only be made with prior written approval by us and may attract a surcharge of £5 per connection.
5.4 If we receive payment later than the timescales shown in clause 5.3 above, we may charge interest on the amount outstanding. Interest will be charged at the rate of 2% above the base-lending rate of Barclays Bank plc from the date the amount becomes due to the date of full payment.
5.5 All sums due to us must be paid in full without set-off, counterclaim or deduction.
5.6 We may set monthly credit limits for call charges where you pay in arrears. We may stop you using some or all of our Services if you go over the credit limit.
5.7 Any query or dispute in respect to an invoice must be submitted to us in writing within 2 months of the date of the invoice failing which it will be deemed agreed and accepted. Raising a dispute does not entitle you to withhold payment of all or any of the Charges, including those that are disputed.
5.8 We may increase or decrease our Charges from time to time, after giving you 30 days’ Notice. See also clause 18.2.
6. Intellectual Property
6.1 In the event that Premier Choice Telecom Limited or its sub-contractors supply software to you for use in conjunction with the Services, Premier Choice Telecom Limited grants You, so far as Premier Choice Telecom Limited is able, a non-exclusive, non-transferable licence for the use of such software for the duration of this Agreement. Except as permitted by law, the Customer is not permitted to copy, de-compile or modify the software, nor copy the manuals of documentation supplied with such software.
6.2 If requested by Premier Choice Telecom Limited, the Customer shall sign any agreement containing reasonable terms which is reasonably required by the owner of the copyright in such software to protect the owner’s interest in that software. No additional charges will be payable under such agreement.
7. Your Obligations:
7.1 You must not use or permit anyone else to use the Services, your SIM Card or any Mobile Device:
(a) fraudulently, in connection with a criminal offence, in breach of any law or statutory duty;
(b) to make a call or send a message or take pictures or video or send, upload, download, use or re-use any material, which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax in breach of any Rights or anyone’s privacy or is otherwise unlawful;
(c) to cause annoyance, inconvenience or needless anxiety, as set out in the Communications Act 2003;
(d) to generate Artificially Inflated Traffic;
(e) to persistently send automated unsolicited communications;
(f) with any equipment, which has not been approved for use on the Network. If you are not sure, you should ask the person selling the equipment; or
(g) other than by following all reasonable instructions we provide to you regarding your use of the Service (for example, fair usage policy), the SIM Card and the Network and provide us with any information we reasonably ask for.
7.2 You agree:
(a) to tell us immediately if your name, company name, address, bank account or credit card details change;
(b) to give us any information we reasonably ask for in relation to this agreement and that any information you give us is factually correct;
(c) to take adequate steps to avoid damage to and SIM Card or unauthorised use or theft of and SIM Card;
(d) to comply with all authorisations, laws, licences, directions, codes or Regulations when using the Services including, without limitation, the provisions of the Data Protection Act 1998.
(e) to comply with all applicable laws, including health and safety legislation and environmental legislation in relation to the Services and the mobile Devices.
(f) not to introduce, and to take all reasonable steps to prevent the introduction of any Viruses to the Network.
(g) immediately give to Us and/or the Network Provider, its employees, agents or assigns, all assistance, cooperation and information necessary in order for Us and/or the Network Provider to comply with all obligations under the Regulatory Powers Act 2000 and all laws regarding data protection and retention.
7.3 You agree that in respect of SMS, Premier Choice Telecom Limited is acting as a service provider and as such has no knowledge of, involvement with, or liability for the specific content of any text messages sent to the Users SIM Cards, which do not originate from the Service Provider.
7.4 You must not establish, install or use a GSM Gateway without prior written consent.
7.5 You will indemnify Us and hold Us harmless (and, where appropriate, the Network Operator) against any costs (including reasonable legal fees), damages, liabilities, losses or expenses suffered or incurred by Us (or the Network Operator) arising out of or in connection with any legal actions, claims or demands brought against Us (or the Network Operator) alleging that Your use of the Services infringes the intellectual property rights of that party.
7.6 You must immediately inform us (by writing to us at the registered office address of Premier Choice Telecom Limited and sending your letter by registered post) if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Services and you will, at our request, or that of the Network Provider, immediately stop the act or acts complained about, whether or not there is a judgment, order or declaration requiring you to do so. You also agree that in such circumstances, You agree that a) You will not admit liability, and b) You will give Us conduct of the claim, together with the Network Provider where appropriate.
8. How You Can End or Terminate this Agreement:
8.1 You can end the agreement immediately if we have breached this agreement and cannot put right our breach within 14 days of you telling us about the breach in writing.
8.2 You can end this agreement immediately if we do not provide the Services to you for 14 consecutive days or more (by giving us written notice specifying the reason) unless you have broken this agreement or a matter covered in clause 13 or 18 occurs.
8.3 You can end this Agreement by giving us 30 days’ written notice to expire at the end of the Minimum Term (or any extension thereof). In the event that no or inadequate written notice is given, this Agreement shall continue for a further 6 months until 30 days’ written notice is given, to expire on the last day of any such 6-month extension to this Agreement.
8.4 You can end this agreement by giving us 30 days’ written notice to expire before the end of the term but you will then have to make payments to us as set out at clause 9.3.
9. What You Have to Pay When You End this Agreement:
9.1 If you end this agreement for any reason, you will have to pay the charges you owe on your account and any unpaid invoices for Mobile Devices.
9.2 If you end this agreement under clause 8.1 of 8.2 and you have paid the monthly charges in advance then you can receive a refund of the part of the payment you have not used or you may use the Services until the payment is used up.
9.3 In addition to the amounts payable under clause 9.1 above, if you end this agreement early under clause 8.4, you must pay:
9.3.1 The monthly line rentals for the part of the Minimum Term you have not used. The terms of this Agreement will continue to apply to paying off these charges; and
9.3.2 £25 per SIM Card for the cost of disconnecting your Mobile Devices from the Network.
9.4 The sign-on bonus and Mobile Devices supplied under this Agreement are calculated using a subsidy we are paid by the Network. This subsidy applies only when you are connected to the Network. Therefore, if you end this agreement prior to the expiry of the Initial Term for any Mobile Devices supplied, you will be invoiced for the rebate or cost of the supplied device.
9.5 The Mobile Devices supplied by Us for use during the currency of this Agreement (or any extensions thereof) remain the property of Premier Choice Telecom Limited. As such, when this Agreement ends (for whatever reason) all and any Mobile Devices so supplied to You by Us must be returned to Us in working order within 30 days of the Agreement ending. Failure to return all and any Mobile Devices to Us in accordance with this clause will result in a fee being payable by You to Us of £100 per Mobile Device.
10. No Third Party Rights
Under the terms of this Agreement a person who is not a party to this Agreement has hot right under the Contracts (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 by that Act.
11. How We Can End This Agreement:
11.1 We can end this agreement immediately if you become bankrupt, insolvent or go into liquidation or if you enter into a voluntary arrangement or have a receiver or/and administrator appointed over any or all of your assets. We do not have to give you notice in these circumstances.
11.2 We can also end this agreement in the following circumstances:
11.2.1 If you breach this agreement and do not fully resolve the situation within 14 days of us telling you about the breach. An example of a breach of this agreement is not paying your invoices.
11.2.2 If the Network closes down for any reason.
11.2.3 If you give us false information.
11.2.4 If you cease to carry on business.
11.2.5 If any meeting of Your creditors is held, or any other steps are taken or any arrangement, compromise or composition with, or for the benefit of Your creditors (including a voluntary arrangement as defined in the Insolvency Act 1986) is formally proposed or entered into by or in relation to You.
11.2.6 If a supervisor, receiver, administrator, administrative receiver or other encumbrancer takes possession or is appointed over or any distress, execution or other process is levied or enforced (and not discharged within 5 business days) upon the whole or a substantial part of Your undertaking or assets.
11.2.7 If a petition is presented or meeting convened or other step taken for the purpose of considering a resolution for the making of an administration order against, or for the appointment of an administrator in respect of, or for, the winding up, bankruptcy or dissolution of You/Your business and such action or step is not withdrawn or revoked within 20 business days.
11.2.8 If You pass a resolution for Your winding up or a court or other competent jurisdiction making an order for You to be wound up or dissolved or You being otherwise dissolved.
12. What You Have to Pay When We End this Agreement:
12.1 If we end this agreement because you breach it, become bankrupt, or go into liquidation, or provide us with false information, you will have to pay us all the charges set out in clauses 9.1, 9.3 and 9.4 and, where appropriate, 9.5 above that you would have paid if you had ended this Agreement early under clause 8.4 and/or return to us any Mobile Devices that are still subject to an Initial Term.
12.2 If we end this Agreement because the Network closes down, you will only have to pay the charges you already owe. We will repay any monthly charges you have paid in advance.
13. What to do if your SIM Card or Mobile Device is lost, stolen or damaged:
13.1 You must inform us immediately if a SIM Card supplied to you by us is lost, stolen or damaged. You will remain liable for all Charges incurred until you do so. We will send you a replacement SIM Card as soon as reasonably practicable, but we reserve the right to charge you for doing so.
13.2 If you need us to replace a Mobile Device because it has been lost, stolen or damaged, we reserve the right to charge you the full price of any replacement.
14. Limits of Liability:
14.1 We are only liable to you as set out in this Agreement. We have no other duty or liability to you. The express terms of this Agreement are in lieu of all warranties, conditions and other terms implied by statute, common law, custom, trade, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law, including any implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
14.2 Nothing in this Agreement shall limit or exclude:
(a) either party’s liability for death or personal injury caused by the negligence of its employees, agents or sub-contractors, for fraud or fraudulent misrepresentation or for any other matter in respect of which liability cannot lawfully be limited or excluded;
(b) Your obligation to pay the Charges; or
(c) any damage caused to the Network or to any equipment or property owned or controlled by the Network Provider as a result of the Your breach of this Agreement.
14.3 If we are found liable to You, our entire liability (for something we or anyone who works for us does or does not do in connection with this Agreement and the equipment and services supplied by us) is limited to £2,500 for one incident and to £5,000 for all incidents in a 12-month period.
14.4 We shall not be liable to you in any way for any loss of income, business or profits, loss of data or for any loss or damage that was not reasonable foreseeable at the time you entered this agreement; or in contract or tort (including negligence) or otherwise for any loss (whether direct or indirect) of profit, business, contract, use, anticipated saving or revenue, goodwill, production, business interruption, wasted expenditure, any loss or corruption of data, or for any indirect or consequential loss or damage whatsoever arising in connection with this Agreement. This exclusion shall not apply in relation to any loss of revenues (including profit) payable to Us under this Agreement.
14.5 We are not liable to you in respect of any products or services you order from other companies using your Mobile Devices.
14.6 We will not be liable to you if we cannot carry out our duties or provide our services because of something beyond our reasonable control.
14.7 Where your Mobile Device allows access to the Internet, we shall not be liable to you for the content of any website or other material that you access via the Service.
14.8 We will not be liable for any breach of this Agreement to the extent that any delay or failure by us to perform its obligations results from
(a) a failure by the You to perform your own obligations under this Agreement,
(b) the acts or omissions of the Network Provider, or
(c) acts, defaults, omissions or negligence of third party suppliers or manufacturers.
14.9 Clause 7 will apply even after this Agreement has ended.
15. Refund Policy:
15.1 A refund will be granted within 30 days of purchase for:
15.1.1 Software supplied which is defective at the time of purchase and provided it has not been tampered with or altered in any way by you.
15.1.2 Software not delivered on the delivery date due solely to an error by Premier Choice Telecom Limited.
15.2 We cannot offer refunds in the following instances:
15.2.1 Time purchased after a trial period has been used.
15.2.2 Over 30 days have elapsed from the date of purchase.
15.2.3 Software purchased for use on Networks not supported.
Note: Where a refund is available to you a £5.00 administration fee will be charged if it is as a result of circumstances beyond Premier Choice Telecom Limited’s control.
16. Service Availability and Suspension:
16.1 We shall use all reasonable endeavours to provide and maintain the availability of the Services with the Network Provider. However, we do not warrant that the Services shall be available without interruption or that it will be free from error. We/the Network Provider may suspend the Services immediately if:
16.1.1 The Network fails or if it is being modified, maintained or repaired, or if the Network is unavailable for any other reason.
16.1.2 You tell us about the loss or theft of your SIM Card or Device (but you must still pay the service charges under this agreement for any calls made using your stolen Device or SIM Card).
16.1.3 If we do not receive full payment for any of your invoices in time or you exceed any credit limits set under clause 5.6.
16.1.4 If we reasonably suspect or know your Device or SIM Card is being used fraudulently or illegally.
16.1.5 At any time without notice in the case of an emergency, and without liability to You.
17. What You Must Pay if the Service is Suspended:
17.1 If the Service is suspended for reasons set out in clause 16.1 for more than 3 days in any month you will not have to pay line rental for that period.
17.2 If the Service is suspended for any of the reasons set our in clauses 16.1.2, 16.1.3 and 16.1.4, you will still have to pay the monthly line rental.
17.3 If we bar your access to the Service for non-payment of invoices, we shall charge you a fee of £35 per Mobile Device for reconnection.
18. Changes to this Agreement:
18.1 We can change the terms of this Agreement at any time (including, but not limited to the extent of the Services) by giving you notice, if: a) the law or any regulations affecting the Services changes, b) the Network provider changes the Services in any way, or c) VAT or any other tax is increased.
18.2 We can change our charges for the Services on 30 days’ written notice. However if we increase our charges or introduce new charges because of something other than
(a) a charge or increase in charges to us by the Service Operator,
(b) a change in the law,
(c) by more than the applicable change in the Retail Prices index, or
(d) an increase in taxes, you can end this agreement on 30 days’ written notice to us.
You will then only have to pay invoices for Services and Mobile Devices that you incur up until the end of the notice period. During the notice period the old charges will still apply. If you have not paid for the Mobile Device in full by the end of the notice period, we reserve the right to require you to return it to us at your own expense.
18.3 We shall notify you of any changes by mail, email or text message to your Mobile Device.
19. Transferring this Agreement:
This agreement is personal to you but please contact us if you want to transfer your SIM Card or Mobile Device. We may agree to transfer this agreement to someone else if we give you written notice beforehand, subject to status of the proposed assignee.
20. Ownership of the SIM Card and Device number:
20.1 We control the SIM Card and Mobile Device number although they belong to the Network Operator. We reserve the right to charge you an administration fee of up to £25 for porting or migrating to other service providers and disconnection from the Network.
20.2 We may change or reallocate your Mobile Device number where required to do so by any UK statutory or regulatory authority.
21.1 Your Device will only work in the areas covered by the Network you have chosen.
21.2 We cannot guarantee coverage in any area as we have no control over this but you can get coverage information from us. The Services may be affected by interference caused by the weather, high buildings, geographical feature and tunnels.
22. Use of Your Details:
22.1 For the purposes of fraud prevention, debt collection, credit management and emergency services provision, you agree that we may disclose information about you and your account with us to debt collection agencies, credit reference agencies, financial institutions, emergency service organisations and other Device companies. We may also pass your details to third parties in the event that we sell our business in order that you can continue to receive a Mobile Device Service.
22.2 Unless you indicate otherwise on the Order Form, we may also use you details to send you information and other services that we offer that we think you may be interested in.
22.3 You acknowledge that as we do not provide the Network and Services to you directly, that any information about you collected by us in carrying out this agreement may also be disclosed to the Network Operator, its employees, agents and assigns.
23. Disputes and the Law:
23.1 Any concession or extra time we allow you under this Agreement applies only to the specific circumstances in which we give it. It does not affect our rights or remedies under this Agreement in any other way and will not constitute a waiver of our rights.
23.2 If any term or part of this Agreement is not legally effective, it shall not affect the enforceability of the remainder of the Agreement. The parties shall also agree that any ineffective or unenforceable term or part of this Agreement shall be substituted with a provision as similar in meaning to the original as is possible without rendering it unenforceable or ineffective.
23.3 You have the right to refer any disagreement regarding the service to an Arbitration Procedure. This was set up by the Chartered Institute of Arbitrators and the Network operators and we will provide details on request.
23.4 This Agreement shall be governed by the laws of England and Wales and according to English Law and subject to the non-exclusive jurisdiction of the English Courts to which both parties hereby submit.
23.5 We may assign or transfer the benefit of this Agreement, or novate it, to a third party. You agree to carry out all such acts (including entering into a novation agreement) as may be necessary to assist this process. You may not transfer, assign or novate this Agreement.
23.6 Except for Your payment obligations, neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for 60 days, either party may terminate this Agreement on 14 days’ written notice to the other. A Customer with no more than 10 employees may be able to take a dispute to adjudication under the Communications and Internet Services Adjudications Scheme.
23.7 This Agreement and the Order Form form the whole agreement between us. The parties acknowledge that they have not been induced to enter into the Agreement by relying upon any statement, warranty or representation unless specifically set out in this Agreement.
23.8 All written communications to Premier Choice Telecom Limited shall be to its registered office as detailed in this Agreement, or as otherwise advised to You.
23.9 Any written communications to You will be sent to the address detailed in the Order Form. Should Your contact address change, You must advise us immediately. We are not obliged to also communicate with You by telephone or other Mobile Device.
24. Changes to this policy
Our policy was last updated on 25 August 2015.