Our service

Our Credit check policy

Terms and conditions of service - Big Data & Texts Big Talk tariffs

Terms and conditions of service - Pay As You Go Addict and Simply 8p Tariff

Terms and conditions of service - Original Pay As You Go and Pay by Direct Debit

Terms and Conditions for Pay Monthly and Pay Monthly SIM Only

Terms and Conditions for Mobile Broadband

Terms and Conditions for Virgin Media Bundles - For Pay As You Go, Pay by Direct Debit and Pay Monthly SIM only customers (excluding Liberty SIM customers)

Terms and Conditions for Virgin Media Bundles - For Liberty SIM customers and Virgin Media SIM only customers

Terms and Conditions for Daily Bonus

Terms and Conditions for Media tariffs

Fair Use Policy – Roam Like Home

BlackBerry® Disclaimer

Terms and Conditions for Virgin Media Bundles (no roll over) £5 data add-on

Terms and conditions of service: 4G

Virgin Media Financial Services Complaints Report

Terms and Conditions for Classic Contracts

Our Credit check policy

How we credit check

It's a two way thing....
If you apply for any of our Pay Monthly (including Liberty SIM) tariffs, or any other tariff where we offer you credit, then we will carry out a credit check on you as part of your application process. We may also conduct subsequent credit checks whilst you retain a financial relationship with us. We may search the files of credit reference agencies which may keep a record of that search. Details of how you conduct your account may also be disclosed to such agencies.

The agencies will record details of the search, whether or not the application goes ahead. We may use credit-scoring methods to assess the application and to confirm your identity. We and other companies may use credit searches and other information, which is provided to us or the credit reference agencies (or both), about you (and those you are linked financially to) if credit decisions are made about you, or other members of your household.

We will check your details with fraud detection agencies and if false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information.

We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:- checking details on applications for credit and credit related or other facilities; managing credit and credit related accounts and facilities; recovering debt; checking details of proposals and claims for all types of insurance; checking details of job applicants and employees.

We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.

Please contact the Virgin Media Group Compliance Officer at Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP if you want to receive details of the relevant fraud prevention agencies. You have a legal right to these details. We will also set a credit limit for you and may suspend the services at any time when you reach the limit until we have received the full payment of any charges you owe us.

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Terms and conditions of service - Big Data & Texts Big Talk tariffs

1. Introduction

1.1 The parties: The Services covered by this Agreement are provided to you by Virgin Mobile Telecoms Limited, trading as Virgin Mobile, (part of the Virgin Media Group) (registered in England company number 3707664). Registered office address: Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP. Our VAT number is 591819014. In this Agreement, when we say Virgin Mobile, “we”, “our” or “us” we mean Virgin Mobile Telecoms Limited. When we say “you” or “your” we mean you, our customer.

1.2 Definitions: This Agreement contains various words that start with a capital letter and have a defined meaning, eg. “Charges”. We set out below what these defined words mean.

Additional Services means optional Services (for example Roaming, access to Services charged at premium rates or Content) which are chargeable at the rates set out in our Tariff Table.

Age Restricted Services means any of the Content or Services that are specified for use by customers of a specified age (usually 18) or over.

Agreement means these terms and conditions and the Charges and other details in our Tariff Table that apply to your account. Additional terms may apply to Additional Services or any promotional or special offers but we will notify you of these before they apply.

Charges means charges for access to and use of the Services as set out in the Tariff Table. Charges may cover (without limitation) call and usage charges, fixed periodic charges (if applicable), all reasonable administration charges, and any costs incurred in collecting outstanding payments from you.

Content means information, images and sounds, communications, software or any other material contained or made available through the Services.

Messaging Services means the voicemail storage and retrieval service and/or any other type of message storage and retrieval service that we may offer from time to time.

Network means the telephone system that provides our Services. Other Legal Stuff: as well as the terms and conditions set out in this document, there are additional terms and conditions which apply to your Services as published by us on our website as updated by us from time to time. If there is any conflict between the Other Legal Stuff and the terms and conditions in this document, the Other Legal Stuff will apply.

Roaming is an Additional Service that allows you to access the Services on a network belonging to another operator, usually in a foreign country. Services means the mobile telephone services offered by Virgin Mobile including Additional Services and Messaging Services where appropriate, which we have agreed to provide to you.

SIM means the SIM card which contains your Virgin Mobile phone number and enables you (together with a handset or other equipment) to access our Services. Tariff Table means Virgin Mobile’s current list of Charges and prices which is updated from time to time and available on our website, in our latest catalogue, or from our Team upon request.

Team means the Virgin Mobile customer service team. Our contact details are set out in clause 8.1.

Top Up means a voucher, receipt or other pre-payment mechanism that allows you to add credit to your account by one of the means we offer so that you can access our Services.

2. Our agreement

2.1 Commencement: This Agreement will start, and you are deemed to accept the terms and conditions of this Agreement, when you first credit your account with us or first use our Services, whichever happens first. We will make the Services available to you on the terms and conditions of this Agreement and will connect you to the Network as soon as we can so that you can access the Services.

2.2 Transfer: This Agreement is personal to you and you may not transfer any of your rights and responsibilities under this Agreement without our consent. However, you may transfer your SIM without our consent but for security and fraud prevention reasons we may temporarily suspend such SIM unless you notify us of such transfer. The terms of this Agreement will also apply to anyone you transfer your SIM to. Please contact the Team first if you do want to transfer your SIM. We may transfer any of our rights and responsibilities without your permission provided that the Services you receive or the rights you have under this Agreement are not materially reduced as a result.

2.3 Your handset: This Agreement only covers the provision of the Services by us to you. It does not cover any handsets or other devices you may have received with your SIM or as part of a package, either directly from us or through a third party retailer. Please see clause 4.8 if you need to return your handset or your SIM.

2.4 About your agreement: Your agreement is made up of these terms and your plan (as detailed in our Tariff Table), along with any other terms for additional services like Add-ons. Promotional and special offers will also have their own terms which may apply to you. Generally, where’s there’s a conflict between these terms and any other terms (that means, when the two documents say different things), these terms will apply.

3. Creating and using your account

3.1 Your account: We will open an account for your SIM. We will apply Charges (being the Charges for our Services that you use) to your account. You will be responsible for paying all Charges on your account whether or not they have been incurred by you personally.

3.2 Top Up your account: Your account needs to be in credit with us if you want to use our Services. You can add credit to your account by purchasing a Top Up and applying such Top Up to your account or we accept payment by credit card or debit card. However, if we have reasonable cause to believe that your payment will be dishonoured or we cannot validate any payment card details you provide to us, we may refuse your chosen payment method and request another method. As Charges are incurred they will be deducted from any amounts credited against your account.

3.3 Charges: Charges for your use of the Services will be set out in the Tariff Table. We may amend the Charges as set out in clause 5 of this Agreement.

3.4 No refund: If you don’t use all of the credit in any Top Up that you purchase, or such Top Up expires (if applicable) then we will not give you a refund for it. If this Agreement is cancelled (unless you cancel in accordance with Clause 5.4) then you will also lose any credit you have on your account and we will not refund it to you.

3.5 Top Up restrictions: Top Ups may have restrictions around their validity or use. For example, some Top Up vouchers may have an expiry date by which any credit on them needs to be used. All details or rules concerning Top Ups will be available to you before you purchase a Top Up either by being set out on any printed material that accompanies the Top Up, on our website or available from our Team on request.

3.6 No credit: If you do not have any credit left on your account then you will not be able to make any outgoing calls except to the emergency services or to the Team, or to call a number we have provided so that you can Top Up. You will also not be able to use any of the Services that would incur Charges. You will still be able to receive incoming calls (unless you are Roaming).

3.7 Keep talking!: You need to use our Services at least once within any 180 day period either by making a chargeable call or sending a text message. If you don’t we may suspend your access to the Services and disconnect you from the Network. We don’t really want to lose you as a customer so please ensure you keep talking or texting!

4. Provision of service

4.1 Availability: We will try to make our Services available to you at all times but quality and availability could be affected by factors outside of our control, such as the weather, or faults in the Network or any other networks used to provide the Services to you. The Network we use for the provision of our Services may from time to time need upgrading, maintenance or other work which may result in interruptions or unavailability. Where this is the case and our Network provider has informed us, we will detail any interruptions or unavailability on our website and details will also be available from our Team. We will do all we can to keep such unavailability to a minimum.

4.2 Use of the Services: The Services will be available to you provided you:
(a) comply with your obligations as set out in this Agreement;
(b) are in range of the base stations forming the Network (or that of our partners when Roaming) when you try to use the Services;
(c) do not use the Services for anything illegal, immoral or improper;
(d) only use the Services with the equipment and SIM we have approved for use on the Network;
(e) give us valid information we reasonably ask for and do not give us false information;
(f) follow all reasonable instructions we give you and any reasonable guidelines we make available to you;
(g) do not use the Services for making abusive, offensive, indecent or nuisance calls, for sending spam or unsolicited emails or text messages, for making or receiving reverse charge calls or for infringing another persons rights including copyright or other intellectual property rights.
(h) do not use the Services for commercial or business purposes.

4.3 Your SIM: Any SIM we provide to you remains our property and must be returned to us if we ask for it back. You must keep your SIM safe and can only use it to access our services. If your SIM is lost, stolen or damaged call the team immediately for another SIM. If your SIM is lost or stolen and you notify the team within 24 hours, you will be liable for charges that are not part of your allowance relating to the unauthorised use of the SIM (including call charges) up to £100 only. If you notify the team after 24 hours, you will be liable for all charges relating to use of the SIM (including call charges) up to the time that you notify us that your SIM is lost or stolen, regardless of whether the charges have been incurred by you or someone else. You will also continue to be liable for the monthly payment (or other periodic charge) relating to your Contract Allowance until the end of the Minimum Term. If you lose the SIM, you might be liable to pay a reasonable replacement charge, details of which are set out in our tariff table.

4.4 No reselling: You may not sell or otherwise make our Services available to others or commercially exploit our Services or any Content in any way.

4.5 Phone numbers: We grant you the use of a phone number. In exceptional circumstances, the telecommunications regulator OFCOM may order the reallocation or change of mobile phone numbers, in which case we may have to change the phone number we make available to you.

4.6 Content: We will use reasonable endeavours to maintain any Content that is provided by us or our appointed third party Content suppliers. However, as Content is obtained from a large range of sources, it is provided on an ‘as is’ basis and we do not represent to you that any Content is of satisfactory quality, accurate, error free, secure, fit for a particular purpose, complete or suitable. For restrictions around Content provided by third parties please see clause 6.3.

4.7 Roaming: Our Services may be available to you in countries outside of the UK if we or the partner who provides us with our Network have roaming arrangements in place. You may need to activate Roaming on your handset by contacting the Team before you leave the UK. The Charges for Roaming are set out in our Tariff Table or are available from the Team on request. Please be aware that when you use your phone abroad incoming calls also incur a charge.

4.8 Returns: If you have obtained your handset or SIM directly from us, for example, through our website www.virginmobile.co.uk, through a Virgin Mobile or Virgin Media Store or by speaking to our Team then you will be entitled to benefit from any customer satisfaction guarantee and equipment warranty that we provide. Full details of such customer satisfaction guarantee and warranty are available on our website and are also available from our Team on request. If you have obtained your handset or SIM from another source, for example a high street retailer who may offer services from a variety of networks, any customer satisfaction guarantee and warranty that we provide will not be available to you. You should check directly with the retailer where you obtained your handset or SIM what their policy is should you wish to return the handset or SIM or if either of them develops a fault. If you do return your handset or SIM for any reason then you will be charged for any calls or use of our Services at the rates set out in our Tariff Table.

4.9 Additional Services: We may offer you new services that may be of interest or benefit to you. Charges for any Additional Services will be specified in our Tariff Table and any special terms and conditions for such Additional Services will be specified on our website or be available from our Team on request. We may require you to show a satisfactory credit score or billing history before we provision you for access to some Additional Services.

4.10 Other Legal Stuff: As well as these Terms and Conditions, the Services have Other Legal Stuff which applies to the Services and their use, as published by us on our website. These may be updated from time to time so please check the website regularly virginmobile.co.uk/legal and read through it carefully. This Other Legal Stuff includes our ‘acceptable use policy’ or “fair use policies” virginmobile.co.uk/legal, copies of which are available on our website.

5. Changes to this agreement, the charges or our services

5.1 Making changes: We may change this Agreement at any time for Network security reasons, legal or regulatory reasons, or if we wish to have all of our customers on the same terms and conditions for Services. We may also need to change or withdraw all or part of our Services or any MOB0092/0611 Additional Services if they are uneconomical, technically impractical, not fulfilling their purpose for you or us, or as a result of changes in technology or changes made by our Network supplier. We may also change our Charges or introduce new Charges.

5.2 Details of any changes: Any changes we make will be available on our website or be available from our Team on request. Changes to the Charges will be reflected in the Tariff Table. Please check our website regularly for any changes.

5.3 Significant changes: We will notify you at least one month in advance of any change coming into effect if we make any changes to your Agreement, the Services or any Additional Services you are using, or to the Charges for any Services or Additional Services you are using, which are likely to be of material detriment to you.

5.4 Non acceptance of changes: If you do not accept any changes notified to you in accordance with clause 5.3 you can cancel this Agreement or are free to stop using our Services. If your account is in credit we will refund you the amount of any credit you have paid for (excluding any initial airtime or other credit we may have credited to you). To claim your refund you must write to the Team within 90 days of the date of the change coming into effect.

5.5 Acceptance of changes: Any continued use of our Services or Additional Services after the date of the change will be deemed to be acceptance by you of the relevant change.

5.6 Communicating with you:If we do need to notify you of a change in accordance with clause 5.3, or otherwise need to communicate with you in respect of our Services or this Agreement, then we will do this by sending you an email or a text message. However, we may also choose to communicate with you by any of the following means as well: by mail, phone, electronic messaging, by placing a recorded message on the phone number for the Team, by the means set out in clause 5.2, or by some other means. We will use the most recent contact details that you have given us (if any).

6. Liability

6.1 Exclusions: In terms of this Agreement, we exclude all liability to you in any way for:
(a) any losses where we are not at fault;
(b) any loss of income, business or profits;
(c) any corruption of data in connection with the use of the Services; or
(d) any losses or damages which were not reasonably foreseeable when we entered into this Agreement.

6.2 Limited liability: We are only liable to you as set out in this Agreement. We will pay for any damage or losses if we are liable to you for something we or anyone working for us does or does not do. However, our obligation to pay damages or losses is limited to £3,000 for one incident or £6,000 for a number of incidents within any 12 month period. Nothing in this Agreement removes or limits our liability for death or personal injury caused by our negligence, or for any fraudulent mis-representations we make.

6.3 Third parties: You may be able to use our Services to upload or transmit email or Content over the internet or to access third party websites, Content and other material which is branded or provided by third parties, and to acquire goods or services from third parties. We and our Network supplier merely act as the “pipe” transmitting this Content to or from you and do not have any control or exercise any control over this Content, the third parties, or any goods or services they may provide. We therefore have no responsibility or liability to you for these third party sites, their Content, or for any goods or services you may obtain from them. You are responsible for any Content that you upload or transmit.

6.4 Timeliness: You must tell us about any claims you want to make against us as soon as reasonably possible. This will allow us to look into your claim and any relevant account records we have on our systems before we delete the records in accordance with our legal obligations.

6.5 Things beyond our control: We will not be liable to you if we are unable to provide you with the Services, or perform any of our obligations under this Agreement because of something beyond our control. Such factors may include, but will not be limited to, acts of God, industrial action, war, terrorist act, governmental action, any act or decision made by court of competent jurisdiction, or delay, default or failure by a third party supplier or network operator.

6.6 Continuation: This section 6 will apply even after this Agreement has ended. If you are a consumer, the terms of this Agreement will not affect any rights you have under any statute which cannot be excluded by the terms of this Agreement. For more information on the rights you have under statute contact your Local Authority Trading Standards Department or Citizens Advice Bureau.

7. Suspending or disconnecting access to our services

7.1 Suspension for Network problems: We may suspend your use of the Services or disconnect any SIM from the Network without warning if the Network needs urgent maintenance or upgrading. We will try to make sure this does not happen often.

7.2 Suspension for other reasons: We may also suspend your use of the Services and disconnect your SIM from the Network without giving you notice if you, or anyone who uses your SIM:
(a) does not keep to the conditions of this Agreement, including the provisions of clause 4.2, or any other agreement with us, for example, any terms and conditions relating to Additional Services or any promotional or special offers;
(b) damages the Network or puts it at risk;
(c) continually harasses, abuses or threatens our staff;
(d) notifies us that your SIM has been lost or stolen;
(e) is required to be suspended following an order, instruction or request from any governmental body, any emergency service organisation, or any other person or organisation with the appropriate authority to request such suspension;
(f) has provided us with information that we reasonably believe is false or misleading;
(g) chooses not to use our Services within a 180 day period either by making a chargeable call or sending a text message;
(h) we reasonably believe that there has been fraudulent activity on your account; or
(i) contravenes any acceptable use policy we have notified you about (as set out in clause 4.10) and you continue to use the Services in breach of that acceptable use policy after we have notified you of any breach.

7.3 Reconnection Charges: We may charge you a fee to reconnect you to our Services except where the reconnection is required as a result of Network problems as set out in clause 7.1. Details of any fee are set out in our Tariff Table.

7.4 Messaging Services: We may turn off your Messaging Services if they are inactive for an extended period of time but we will let you know before this happens. If we do turn off your Messaging Service you will lose all of the content in your Messaging Services and we will be unable to forward any unopened or unsent messages to you or anyone else.

7.5 Unlocking your handset: Handsets that are used to access our Services are locked to the Network. If you wish to unlock your handset from the Network you will need to contact our Team and pay the Charges for unlocking your handset as set out in the Tariff Table. You will also need to have paid all Charges owing on your account before we unlock your handset. For security reasons you will also need to register the handset you wish to unlock with us before we unlock it for you.

8. Queries, disputes and contact details

8.1 Contact us: If you have a complaint or query about our Services, you can contact us at any time by calling the Team on 0345 6000 789 (789 from your Virgin Mobile handset) in the UK, by writing to us at Virgin Mobile, The Team, PO Box 333 Matrix Court, Swansea, SA7 9ZJ or by emailing us through our website which is www.virginmobile.co.uk. We will try to resolve your query or dispute as quickly as possible.

8.2 Still not happy?: To give you peace of mind we are members of the Communications and Internet Services Adjudication Scheme (CISAS). This is an independent body set up to help resolve any problems with the Services we provide and the service you receive. For more information on how to refer a dispute or complaint to CISAS see www.cisas.org.uk

9. When our agreement ends

9.1 Your right to cancel: You may cancel this Agreement at any time for any reason.

9.2 Our right to cancel: We may cancel this Agreement immediately in the following circumstances:
(a) if we have the right to suspend your access to the Services for any of the reasons set out in clause 7.2 and we believe that the grounds are serious and have not been, or are unlikely to be, rectified;
(b) if you break this Agreement in any material way and do not put it right within 7 days of us asking you to; or
(c) if the Network owner no longer makes the Network available to us.

9.3 Effect of cancellation: If this Agreement is cancelled you will need to pay us on cancellation any unpaid Charges on your account and:
(a) your SIM will be disconnected from the Network,
(b) you will not be able to use our Services at all; and
(c) you will lose your phone number (unless you move to another network).

10. Your details and how we look after them

10.1 How we use your data: By subscribing to our Services you are giving us your consent to use your personal information together with other information for the purposes of providing you with our Services, service information and updates, administration, credit scoring, customer services, training, tracking use of our Services (including processing call, usage, billing, viewing and interactive data), profiling your usage and purchasing preferences for so long as you are a customer and for as long as is necessary for these specified purposes after you terminate the Services. We may occasionally use third parties to process your personal information in the ways outlined above. These third parties are permitted to use the data only in accordance with our instructions and the law.

10.2 Marketing consent: We may also, subject to your consent, use your personal information to contact you with information about special offers and rewards (this may include special offers of other carefully selected companies). We may also disclose your personal information to other Virgin companies so that they can contact you with information about their products and services where you have given us your consent to do so. But don’t worry, your details won’t be shared with companies outside the Virgin group for marketing purposes without your consent.

10.3 How we can contact you: If you have given us the consent referred to in the marketing consent above, then from time to time, we and other Virgin companies may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax.

10.4 Access request: You’re welcome to ask us what information we have about you, any time you like. If you need us to send it to you, just call our team on 789 from your Virgin mobile phone, or 0345 6000 789* from any other phone. If any of the details are incorrect, let us know and we’ll amend them right away.

10.5 Recording: We may record or monitor any conversations about your account or our Services to assist us to improve the quality of service we provide to you.

11. General

11.1 Change of details: You must call the Team straight away about any change in your address, email address or any other change to details you have supplied to us.

11.2 Age Restricted Services: If you are under the specified age that may apply to any Age Restricted Services you are not permitted to access such Age Restricted Services. If you are the specified age or over and you access any Age Restricted Services you must not show, or send Content, from the Age Restricted Services to anyone under the age that may be specified on some Content or Services. If you let anyone under the age specified on any Content or Services use your handset you must also ensure that you deactivate access to any Age Restricted Services before doing so.

11.3 Severability: If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is lawful and effective.

11.4 Directory information: You may ask us to enter your name, address and mobile telephone number in a publicly available telephone directory and/or a directory enquiry service operated by us or a third party. If you would like us to include your details in such a directory or enquiry service then please contact the Team.

11.5 Enforcement: Failure by either you or us to enforce any rights under this Agreement shall not prevent either you or us from taking further action.

11.6 No third party rights: This Agreement does not confer any benefit on any third party under the Contracts (Rights of Third Parties) Act 1999.

11.7 Law: This Agreement is to be interpreted in accordance with the laws of England and each of us agrees to only bring legal actions about this Agreement in a UK court. Information correct as of July 2012. For the most up to date information please see www.virginmobile.co.uk.

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Terms and conditions of service - Pay As You Go Addict and Simply 8p Tariff

1. Introduction

1.1 The parties: The Services covered by this Agreement are provided to you by Virgin Mobile Telecoms Limited (part of the Virgin Media Group) is registered in England company number 3707664. Registered office address: Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP. Our VAT number is 591819014. In this Agreement, when we say Virgin Mobile, we, our or us we mean Virgin Mobile Telecoms Limited. When we say you or your we mean you, our customer.

1.2 Definitions: This Agreement contains various words that start with a capital letter and have a defined meaning, i.e. “Charges”. We set out below what these defined words mean.

Additional Services means optional Services (for example Roaming, access to Services charged at premium rates or Content) which are chargeable at the rates set out in our Tariff Table.

Age Restricted Services means any of the Content or Services that are specified for use by customers of a specified age (usually 18) or over.

Agreement means these terms and conditions and the Charges and other details in our Tariff Table that apply to your account. Additional terms may apply to Additional Services or any promotional or special offers but we will notify you of these before they apply.

Charges means charges for access to and use of the Services as set out in the Tariff Table. Charges may cover (without limitation) call and usage charges, fixed periodic charges (if applicable), all reasonable administration charges, and any costs incurred in collecting outstanding payments from you.

Content means information, images and sounds, communications, software or any other material contained or made available through the Services.

Deposit means a refundable amount that we may ask you to pay to us before we provide you with access to the Services or any Additional Services.

Messaging Services means the voicemail storage and retrieval service and/or any other type of message storage and retrieval service that we may offer from time to time.

Network means the telephone system that provides our Services.

Pay As You Go means a customer paying the Charges in advance by purchasing credit before using our Services.

Pay by Direct Debit means a customer paying the Charges in arrears by direct debit after using our Services.

Roaming is an Additional Service that allows you to access the Services on a network belonging to another operator, usually in a foreign country.

Services means the mobile telephone services offered by Virgin Media including Additional Services and Messaging Services where appropriate, which we have agreed to provide to you.

SIM means the SIM card which contains your Virgin Media phone number and enables you (together with a handset or other equipment) to access our Services.

Tariff Table means Virgin Media’s current list of Charges and prices which is updated from time to time and available on our website, in our latest catalogue, or from our Team upon request.

Team means the Virgin Media customer service team. Our contact details are set out in clause 9.1.

Top Up means a voucher, receipt or other pre-payment mechanism that allows you to add credit to your account by one of the means we offer so that you can access our Services.

2. Our agreement

2.1 Commencement: This Agreement will start, and you are deemed to accept the terms and conditions of this Agreement, when you first credit your account with us or first use our Services, whichever happens first. We will make the Services available to you on the terms and conditions of this Agreement and will connect you to the Network as soon as we can so that you can access the Services.

2.2 Transfer: This Agreement is personal to you and you may not transfer any of your rights and responsibilities under this Agreement without our consent. However, if you Pay As You Go you may transfer your SIM without our consent but for security and fraud prevention reasons we may temporarily suspend such SIM unless you notify us of such transfer. The terms of this Agreement will also apply to anyone you transfer your SIM to. Please contact the Team first if you do want to transfer your SIM. We may transfer any of our rights and responsibilities without your permission provided that the Services you receive or the rights you have under this Agreement are not materially reduced as a result.

2.3 Your handset: This Agreement only covers the provision of the Services by us to you. It does not cover any handsets or other devices you may have received with your SIM or as part of a package, either directly from us or through a third party retailer. Please see clause 4.8 if you need to return your handset or your SIM.

2.4 About your agreement: Your agreement is made up of these terms and your plan (as detailed in our Tariff Table), along with any other terms for additional services like Add-ons. Promotional and special offers will also have their own terms which may apply to you. Generally, where’s there’s a conflict between these terms and any other terms (that means, when the two documents say different things), these terms will apply.

3. Creating and using your account

3.1 Your account: We will open an account for your SIM. We will apply Charges (being the Charges for our Services that you use) to your account. You will be responsible for paying all Charges on your account whether or not they have been incurred by you personally.

3.2 Payment: You can pay the Charges either in advance as a Pay As You Go customer or, where we agree, and subject to passing a UK credit check, in arrears as a Pay by Direct Debit customer. For reasons of good credit management we may no longer allow you to Pay by Direct Debit or may limit the total number of direct debit accounts you have with us. If you are a Pay by Direct Debit customer then please refer to Clause 6 of this Agreement to see how payment for your account will be dealt with.

3.3 Top Up your account: If you are a Pay As You Go customer your account needs to be in credit with us if you want to use our Services. You can add credit to your account by purchasing a Top Up and applying such Top Up to your account or by one of the other means we offer as set out in clause 6.8. As Charges are incurred they will be deducted from any amounts credited against your account.

3.4 Charges: Charges for your use of the Services will be set out in the Tariff Table that you received with your SIM. If you did not receive a copy of the Tariff Table with your SIM then please check out our website or contact our Team for one. We may amend the Charges as set out in clause 5 of this Agreement.

3.5 No refund: If you don’t use all of the credit in any Top Up that you purchase, or such Top Up expires (if applicable) then we will not give you a refund for it. If this Agreement is cancelled (unless you cancel in accordance with Clause 5.4) then you will also lose any credit you have on your account and we will not refund it to you.

3.6 Top Up restrictions: Top Ups may have restrictions around their validity or use. For example, some Top Up vouchers may have an expiry date by which any credit on them needs to be used. All details or rules concerning Top Ups will be available to you before you purchase a Top Up either by being set out on any printed material that accompanies the Top Up, on our website or available from our Team on request.

3.7 No credit: If you are a Pay As You Go customer and you do not have any credit left on your account then you will not be able to make any outgoing calls except to the emergency services or to the Team, or to call a number we have provided so that you can Top Up. You will also not be able to use any of the Services that would incur Charges. You will still be able to receive incoming calls (unless you are Roaming).

3.8 Keep talking!: You need to use our Services at least once within any 90 day period either by making a chargeable call or sending a text message. If you don’t we may suspend your access to the Services and cancel this Agreement. If we cancel this Agreement, you may lose your phone number and any unused Top Up credit on your account (see Clause 10.3). We don’t really want to lose you as a customer so please ensure you keep talking or texting!

3.9 Choice: If you are a Pay by Direct Debit customer then you can also choose to pay the Charges in advance by purchasing a Top Up and applying such Top Up to your account.

4. Provision of service

4.1 Availability: We will try to make our Services available to you at all times but quality and availability could be affected by factors outside of our control, such as the weather, or faults in the Network or any other networks used to provide the Services to you. The Network we use for the provision of our Services may from time to time need upgrading, maintenance or other work which may result in interruptions or unavailability. Where this is the case and our Network provider has informed us, we will detail any interruptions or unavailability on our website and details will also be available from our Team. We will do all we can to keep such unavailability to a minimum.

4.2 Use of the Services: The Services will be available to you provided you:
(a) comply with your obligations as set out in this Agreement;
(b) are in range of the base stations forming the Network (or that of our partners when Roaming) when you try to use the Services;
(c) do not use the Services for anything illegal, immoral or improper;
(d) pay your bill on time if you Pay by Direct Debit;
(e) only use the Services with the equipment and SIM we have approved for use on the Network;
(f) give us valid information we reasonably ask for and do not give us false information;
(g) follow all reasonable instructions we give you and any reasonable guidelines we make available to you;
(h) do not use the Services for making abusive, offensive, indecent or nuisance calls, for sending spam or unsolicited emails or text messages, for making or receiving reverse charge calls or for infringing another persons rights including copyright or other intellectual property rights.

4.3 Your SIM: Any SIM we provide to you remains our property and must be returned to us if we ask for it back. You must keep your SIM safe and can only use it to access our services. If your SIM is lost, stolen or damaged call the team immediately for another SIM. If your SIM is lost or stolen and you notify the team within 24 hours, you will be liable for charges that are not part of your allowance relating to the unauthorised use of the SIM (including call charges) up to £100 only. If you notify the team after 24 hours, you will be liable for all charges relating to use of the SIM (including call charges) up to the time that you notify us that your SIM is lost or stolen, regardless of whether the charges have been incurred by you or someone else. You will also continue to be liable for the monthly payment (or other periodic charge) relating to your Contract Allowance until the end of the Minimum Term. If you lose the SIM, you might be liable to pay a reasonable replacement charge, details of which are set out in our tariff table.

4.4 No reselling: You may not sell or otherwise make our Services available to others or commercially exploit our Services or any Content in any way.

4.5 Phone numbers: We grant you the use of a phone number. In exceptional circumstances, the telecommunications regulator OFCOM may order the reallocation or change of mobile phone numbers, in which case we may have to change the phone number we make available to you.

4.6 Content: We will use reasonable endeavours to maintain any Content that is provided by us or our appointed third party Content suppliers. However, as Content is obtained from a large range of sources, it is provided on an ‘as is’ basis and we do not represent to you that any Content is of satisfactory quality, accurate, error free, secure, fit for a particular purpose, complete or suitable. For restrictions around Content provided by third parties please see clause 7.3.

4.7 Roaming: Our Services may be available to you in countries outside of the UK if we or the partner who provides us with our Network have roaming arrangements in place. You may need to activate Roaming on your handset by contacting the Team before you leave the UK. You may also need to pay us a Deposit as set out in clause 6.7 before you roam. The Charges for Roaming are set out in our Tariff Table or are available from the Team on request. Overseas network operators may bill us sometime after you use the Services – this can be as long as three months later! Please be aware that when you use your phone abroad incoming calls also incur a charge.

4.8 Returns: If you have obtained your handset or SIM directly from us, for example, through our website www.virginmobile.co.uk, through a Virgin Media Store or by speaking to our Team then you will be entitled to benefit from any customer satisfaction guarantee and equipment warranty that we provide. Full details of such customer satisfaction guarantee and warranty are detailed in the joining pack you receive with your handset or SIM and are also available from our Team on request. If you have obtained your handset or SIM from another source, for example a high street retailer who may offer services from a variety of networks, any customer satisfaction guarantee and warranty that we provide will not be available to you. You should check directly with the retailer where you obtained your handset or SIM what their policy is should you wish to return the handset or SIM or if either of them develops a fault. If you do return your handset or SIM for any reason then you will be charged for any calls or use of our Services at the rates set out in our Tariff Table.

4.9 Additional Services: We may offer you new services that may be of interest or benefit to you. Charges for any Additional Services will be specified in our Tariff Table and any special terms and conditions for such Additional Services will be specified on our website or be available from our Team on request. We may require you to show a satisfactory credit score or billing history before we provision you for access to some Additional Services.

4.10 Acceptable use: We may publish an acceptable use policy in respect of some of our Services or any Additional Services. An acceptable use policy will provide rules and further details around how such Services or Additional Services can be used. We will do this to help us prevent fraud and to ensure that excessive use of such Services or Additional Services does not prevent our customers from enjoying such Services or Additional Services. We will notify you in advance if we do publish such a policy and such policy will also be available on our website or from our Team on request.

5. Changes to this agreement, the charges or our services

5.1 Making changes: We may change this Agreement at any time for Network security reasons, legal or regulatory reasons, or if we wish to have all of our customers on the same terms and conditions for Services. We may also need to change or withdraw all part of our Services or any Additional Services if they are uneconomical, technically impractical, not fulfilling their purpose for you or us, or as a result of changes in technology or changes made by our Network supplier. We may also change our Charges or introduce new Charges.

5.2 Details of any changes: Any changes we make will be available on our website or be available from our Team on request. Changes to the Charges will be reflected in the Tariff Table. Please check our website regularly for any changes.

5.3 Significant changes: We will notify you at least one month in advance of any change coming into effect if we make any changes to your Agreement, the Services or any Additional Services you are using, or to the Charges for any Services or Additional Services you are using, which are likely to be of material detriment to you.

5.4 Non acceptance of changes: If you do not accept any changes notified to you in accordance with clause 5.3 you can cancel this Agreement or are free to stop using our Services. If your account is in credit we will refund you the amount of any credit you have paid for (excluding any initial airtime or other credit we may have credited to you). To claim your refund you must write to the Team within 90 days of the date of the change coming into effect.

5.5 Acceptance of changes: Any continued use of our Services or Additional Services after the date of the change will be deemed to be acceptance by you of the relevant change.

5.6 Communicating with you: If we do need to notify you of a change in accordance with clause 5.3, or otherwise need to communicate with you in respect of our Services or this Agreement, then we will do this by sending you an email or a text message. However, we may also choose to communicate with you by any of the following means as well: by mail, phone, electronic messaging, by placing a recorded message on the phone number for the Team, by the means set out in clause 5.2, or by some other means. We will use the most recent contact details that you have given us (if any).

6. Charges, payment and related terms

6.1 Pay by Direct Debit: Except for clauses 6.7 and 6.8, the rights and obligations set out in this clause 6 apply only to Pay by Direct Debit customers and not Pay As You Go customers.

6.2 Credit limits: We may set a monthly credit limit on your account that will be an amount we consider appropriate. We will let you know what this amount is if we do set a monthly credit limit. We may suspend your access to the Services if you exceed the limit. You should not use the credit limit for budgeting as the amount you owe is not capped or limited and you will still be liable if you exceed the credit limit we set!

6.3 Bills: We’ll usually send you a bill every month advising you of the total amount of Charges you owe us. We may change the billing period at any time but we will notify you in advance if we do this.

6.4 Getting it to you: We will send your bill to you by text message (but we may need to use another means) unless you have advised us that you want to receive it by one of the other means we offer. Alternatively, an itemised version of your account showing the total amount of Charges and details of any Charges for use of our Services will be available to you by registering with us and logging into your account on our website or on request. If you request us to send you an itemised version of your account then we may make a reasonable charge for this, details of which are set out in our Tariff Table. We may appoint a third party to provide you with your bill on our behalf. Bills issued by such third party will be binding on you and payment of such invoices in full to the third party will be a valid discharge of your liability to pay such bill under this Agreement.

6.5 Payment in full: You must pay your Charges in full in the amount requested within 14 days of the date of your bill. Unless you contact us to pay your Charges in advance, as set out in clause 6.8, you must pay your bill by direct debit from a suitable bank account that allows payment by direct debit and must maintain an active direct debit if you Pay by Direct Debit. If the Charges are not paid in full and on time we can stop you using some or all of our Services and may cancel this Agreement. If you think there is mistake in your bill, please tell us as soon as possible so that we can check this.

6.6 Late payment: If you do not pay a bill by the due date, we can charge you interest on what you owe at 2% above the base rate of Barclays Bank plc. We will use the base rate that was in force when the bill was due and we can charge you interest until you pay. We may also charge you for any reasonable administration or collection costs which we incur if you do not pay your bill on time and in full.

6.7 Deposits: We may require you to make a Deposit to be used as security for the Charges. We do not pay you interest on Deposits. A Deposit is likely to be required if you have less than 4 months credit history with us and you wish to activate Roaming on your account, for the reason set out in clause 11.6, or if you do not pay any of your bills in full and on time. Details of any Deposit that may be required are set out in our Tariff Table. We may use the Deposit to pay any Charges that you owe us that you have not paid. If you do not owe us any money we will repay the Deposit to you if this Agreement is cancelled or if you return your SIM and handset (if applicable) under the terms of any customer returns policy that applies to your sale.

6.8 Payment methods: If you do want to pay the Charges in advance then you can purchase and apply a Top-Up to your account or we will accept payment by credit card or debit card. However, if we have reasonable cause to believe that your payment will be dishonoured or we cannot validate any payment card details you provide to us, we may refuse your chosen payment method and request another method.

7. Liability

7.1 Exclusions: In terms of this Agreement, we exclude all liability to you in any way for:
(a) any losses where we are not at fault;
(b) any loss of income, business or profits;
(c) any corruption of data in connection with the use of the Services; or
(d) any losses or damages which were not reasonably foreseeable when we entered into this Agreement.

7.2 Limited liability: We are only liable to you as set out in this Agreement. We will pay for any damage or losses if we are liable to you for something we or anyone working for us does or does not do. However, our obligation to pay damages or losses is limited to £3,000 for one incident or £6,000 for a number of incidents within any 12 month period. Nothing in this Agreement removes or limits our liability for death or personal injury caused by our negligence, or for any fraudulent mis-representations we make.

7.3 Third parties: You may be able to use our Services to upload or transmit email or Content over the internet or to access third party websites, Content and other material which is branded or provided by third parties, and to acquire goods or services from third parties. We and our Network supplier merely act as the “pipe” transmitting this Content to or from you and do not have any control or exercise any control over this Content, the third parties, or any goods or services they may provide. We therefore have no responsibility or liability to you for these third party sites, their Content, or for any goods or services you may obtain from them. You are responsible for any Content that you upload or transmit.

7.4 Timeliness: You must tell us about any claims you want to make against us as soon as reasonably possible. This will allow us to look into your claim and any relevant account records we have on our systems before we delete the records in accordance with our legal obligations.

7.5 Things beyond our control: We will not be liable to you if we are unable to provide you with the Services, or perform any of our obligations under this Agreement because of something beyond our control. Such factors may include, but will not be limited to, acts of God, industrial action, war, terrorist act, governmental action, any act or decision made by court of competent jurisdiction, or delay, default or failure by a third party supplier or network operator.

7.6 Continuation: This section 7 will apply even after this Agreement has ended. If you are a consumer, the terms of this Agreement will not affect any rights you have under any statute which cannot be excluded by the terms of this Agreement. For more information on the rights you have under statute contact your Local Authority Trading Standards Department or Citizens Advice Bureau.

8. Suspending or disconnecting access to our services

8.1 Suspension for Network problems: We may suspend your use of the Services or disconnect any SIM from the Network without warning if the Network needs urgent maintenance or upgrading. We will try to make sure this does not happen often.

8.2 Suspension for other reasons: We may also suspend your use of the Services and disconnect your SIM from the Network without giving you notice if you, or anyone who uses your SIM:
(a) does not keep to the conditions of this Agreement, including the provisions of clause 4.2, or any other agreement with us, for example, any terms and conditions relating to Additional Services or any promotional or special offers;
(b) damages the Network or puts it at risk;
(c) continually harasses, abuses or threatens our staff;
(d) notifies us that your SIM has been lost or stolen;
(e) exceeds any credit limit we may have set for you or does not pay a bill when it is due;
(f) is required to be suspended following an order, instruction or request from any governmental body, any emergency service organisation, or any other person or organisation with the appropriate authority to request such suspension,
(g) has provided us with information that we reasonably believe is false or misleading;
(h) chooses not to use our Services within a 90 day period either by making a chargeable call or sending a text message,
(i) if you are a Pay by Direct Debit customer and any direct debit for your account has been suspended, cancelled or is otherwise inactive,
(j) we reasonably believe that there has been fraudulent activity on your account; or
(k) contravenes any acceptable use policy we have notified you about (as set out in clause 4.10) and you continue to use the Services in breach of that acceptable use policy after we have notified you of any breach.

Suspension may result in us cancelling this Agreement. If we cancel this Agreement, you may lose you phone number and any unused Top Up credit on your account (see Clause 10.3).

8.3 Reconnection Charges: We may charge you a fee to reconnect you to our Services except where the reconnection is required as a result of Network problems as set out in clause 8.1. Details of any fee are set out in our Tariff Table.

8.4 Messaging Services: We may turn off your Messaging Services if they are inactive for an extended period of time but we will let you know before this happens. If we do turn off your Messaging Service you will lose all of the content in your Messaging Services and we will be unable to forward any unopened or unsent messages to you or anyone else.

8.5 Unlocking your handset: Handsets that are used to access our Services are locked to the Network. If you wish to unlock your handset from the Network you will need to contact our Team and pay the Charges for unlocking your handset as set out in the Tariff Table. You will also need to have paid all Charges owing on your account before we unlock your handset. For security reasons you will also need to register the handset you wish to unlock with us before we unlock it for you.

9. Queries, disputes and contact details

9.1 Contact us: If you have a complaint or query about our Services, you can contact us at any time by calling the Team on 0345 6000 789* (789 from your Virgin Mobile handset) in the UK, or by writing to us at Virgin Mobile, The Team, PO Box 333 Matrix Court, Swansea, SA7 9ZJ. We will try to resolve your query or dispute as quickly as possible. If you have a complaint about your mobile insurance you should contact the Virgin Media Protect team at Asurion by calling 0345 030 32914* (open 8am-9pm Monday-Friday, 9am-6pm weekends (closed Bank Holidays), emailing virginmedia@asurion.com or writing to: Virgin Media Protect, PO Box 71012, London, W4 9FW.

9.2 Still not happy?:To give you peace of mind we are members of the Communications and Internet Services Adjudication Scheme (CISAS). This is an independent body set up to help resolve any problems with the Services we provide and the service you receive. For more information on how to refer a dispute or complaint to CISAS see www.cisas.org.uk

10. When our agreement ends

10.1 Your right to cancel: You may cancel this Agreement at any time for any reason.

10.2 Our right to cancel: We may cancel this Agreement immediately in the following circumstances:
(a) if we have the right to suspend your access to the Services for any of the reasons set out in clause 8.2 and we believe that the grounds are serious and have not been, or are unlikely to be, rectified;
(b) if you break this Agreement in any material way and do not put it right within 7 days of us asking you to;
(c) if you Pay by Direct Debit and you do not pay the Charges in full or on time as set out in clause 6.5 or you become bankrupt or make any arrangement with your creditors; or
(d) if the Network owner no longer makes the Network available to us.

10.3 Effect of cancellation: If this Agreement is cancelled you will need to pay us on cancellation all unpaid Charges on your account and:
(a) your SIM will be disconnected from the Network,
(b) you will not be able to use our Services at all; and
(c) you will lose your phone number (unless you move to another network).

(d) you will lose any unused Top Up credit on your account (except in the circumstances set out in Clause 5.4).

11. Your details and how we look after them

11.1 How we use your data: By subscribing to our Services you are giving us your consent to use your personal information together with other information for the purposes of providing you with our Services, service information and updates, administration, credit scoring, customer services, training, tracking use of our Services (including processing call, usage, billing, viewing and interactive data), profiling your usage and purchasing preferences for so long as you are a customer and for as long as is necessary for these specified purposes after you terminate the Services. We may occasionally use third parties to process your personal information in the ways outlined above. These third parties are permitted to use the data only in accordance with our instructions and the law.

11.2 Marketing consent: We may also, subject to your consent, use your personal information to contact you with information about special offers and rewards (this may include special offers of other carefully selected companies). We and other Virgin companies (e.g. Virgin Atlantic) may also, subject to your consent, use your personal information to contact you with information about their products and services including special offers from them, and we may disclose your personal information to other Virgin companies and sub-contractors and agents for these purposes. But don’t worry, we won’t share your details with companies outside the Virgin group for marketing purposes without your consent.

11.3 How we can contact you: If you have given us the consent referred to in the marketing consent above, then from time to time, we and other Virgin companies may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax.

11.4 Subject access request: You’re welcome to ask us what information we have about you, any time you like. If you need us to send it to you, just call our team on 789 from your Virgin mobile phone, or 0345 6000 789* from any other phone. If any of the details are incorrect, let us know and we’ll amend them right away.

11.5 Credit checks: If you apply for credit we or the retailer you purchase your SIM or handset from may carry out credit checks where necessary to help us or the retailer confirm your identity and decide whether to accept your application. The credit check will include looking at our own and the retailers information (if you apply through a retailer that is not Virgin Media), the details you have given us, and registering and checking your information with credit reference agencies and fraud prevention agencies who will also check the details of anyone you are financially associated with – for example, people you may have a joint bank account with. You agree that we or the retailer may conduct these checks and also register information about you and the conduct of your account with any credit reference agency who will also record our search on their records.

11.6 Our credit assessment: If our assessment of you does not meet our normal requirements then we may require you to make a Deposit with us or we may refuse to provide you with Services. For the purpose of fraud prevention, debt collection, credit management and emergency services purposes, information about you and the conduct of your account may be disclosed to credit reference agencies, debt collection agencies, fraud prevention agencies, security agencies, financial institutions, emergency services organisations or other phone companies. For the same reasons we may also perform subsequent credit checks whilst you retain a financial obligation with us.

11.7 Recording: We may record or monitor any conversations about your account or our Services to assist us to improve the quality of service we provide to you.

12. General

12.1 Change of details: You must call the Team straight away about any change in your address, email address, any direct debit for your account, or any other change to details you have supplied to us.

12.2. Age Restricted Services: If you are under the specified age that may apply to any Age Restricted Services you are not permitted to access such Age Restricted Services. If you are the specified age or over and you access any Age Restricted Services you must not show, or send Content, from the Age Restricted Services to anyone under the age that may be specified on some Content or Services. If you let anyone under the age specified on any Content or Services use your handset you must also ensure that you deactivate access to any Age Restricted Services before doing so.

12.3 Severability: If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is lawful and effective.

12.4 Directory information: You may ask us to enter your name, address and mobile telephone number in a publicly available telephone directory and/or a directory enquiry service operated by us or a third party. If you would like us to include your details in such a directory or enquiry service then please contact the Team.

12.5 Enforcement: Failure by either you or us to enforce any rights under this Agreement shall not prevent either you or us from taking further action.

12.6 No third party rights: This Agreement does not confer any benefit on any third party under the Contracts (Rights of Third Parties) Act 1999.

12.7 Law: This Agreement is to be interpreted in accordance with the laws of England and each of us agrees to only bring legal actions about this Agreement in a UK court.

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Terms and conditions of service - Original Pay As You Go and Pay by Direct Debit

1. Introduction

1.1 The parties: The Services covered by this Agreement are provided to you by Virgin Mobile Telecoms Limited (part of the Virgin Media Group) is registered in England company number 3707664. Registered office address: Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP. Our VAT number is 591819014. In this Agreement, when we say Virgin Mobile, we, our or us we mean Virgin Mobile Telecoms Limited. When we say you or your we mean you, our customer.

1.2 Definitions: This Agreement contains various words that start with a capital letter and have a defined meaning, i.e. “Charges”. We set out below what these defined words mean.

Additional Services means optional Services (for example Roaming, access to Services charged at premium rates or Content) which are chargeable at the rates set out in our Tariff Table.

Age Restricted Services means any of the Content or Services that are specified for use by customers of a specified age (usually 18) or over.

Agreement means these terms and conditions and the Charges and other details in our Tariff Table that apply to your account. Additional terms may apply to Additional Services or any promotional or special offers but we will notify you of these before they apply.

Charges means charges for access to and use of the Services as set out in the Tariff Table. Charges may cover (without limitation) call and usage charges, fixed periodic charges (if applicable), all reasonable administration charges, and any costs incurred in collecting outstanding payments from you.

Content means information, images and sounds, communications, software or any other material contained or made available through the Services.

Deposit means a refundable amount that we may ask you to pay to us before we provide you with access to the Services or any Additional Services.

Messaging Services means the voicemail storage and retrieval service and/or any other type of message storage and retrieval service that we may offer from time to time.

Network means the telephone system that provides our Services.

Pay As You Go means a customer paying the Charges in advance by purchasing credit before using our Services.

Pay by Direct Debit means a customer paying the Charges in arrears by direct debit after using our Services.

Roaming is an Additional Service that allows you to access the Services on a network belonging to another operator, usually in a foreign country.

Services means the mobile telephone services offered by Virgin Media including Additional Services and Messaging Services where appropriate, which we have agreed to provide to you.

SIM means the SIM card which contains your Virgin Media phone number and enables you (together with a handset or other equipment) to access our Services.

Tariff Table means Virgin Media’s current list of Charges and prices which is updated from time to time and available on our website, in our latest catalogue, or from our Team upon request.

Team means the Virgin Media customer service team. Our contact details are set out in clause 9.1.

Top Up means a voucher, receipt or other pre-payment mechanism that allows you to add credit to your account by one of the means we offer so that you can access our Services.

2. Our agreement

2.1 Commencement: This Agreement will start, and you are deemed to accept the terms and conditions of this Agreement, when you first credit your account with us or first use our Services, whichever happens first. We will make the Services available to you on the terms and conditions of this Agreement and will connect you to the Network as soon as we can so that you can access the Services.

2.2 Transfer: This Agreement is personal to you and you may not transfer any of your rights and responsibilities under this Agreement without our consent. However, if you Pay As You Go you may transfer your SIM without our consent but for security and fraud prevention reasons we may temporarily suspend such SIM unless you notify us of such transfer. The terms of this Agreement will also apply to anyone you transfer your SIM to. Please contact the Team first if you do want to transfer your SIM. We may transfer any of our rights and responsibilities without your permission provided that the Services you receive or the rights you have under this Agreement are not materially reduced as a result.

2.3 Your handset: This Agreement only covers the provision of the Services by us to you. It does not cover any handsets or other devices you may have received with your SIM or as part of a package, either directly from us or through a third party retailer. Please see clause 4.8 if you need to return your handset or your SIM.

2.4 About your agreement: Your agreement is made up of these terms and your plan (as detailed in our Tariff Table), along with any other terms for additional services like Add-ons. Promotional and special offers will also have their own terms which may apply to you. Generally, where’s there’s a conflict between these terms and any other terms (that means, when the two documents say different things), these terms will apply.

3. Creating and using your account

3.1 Your account: We will open an account for your SIM. We will apply Charges (being the Charges for our Services that you use) to your account. You will be responsible for paying all Charges on your account whether or not they have been incurred by you personally.

3.2 Payment: You can pay the Charges either in advance as a Pay As You Go customer or, where we agree, and subject to passing a UK credit check, in arrears as a Pay by Direct Debit customer. For reasons of good credit management we may no longer allow you to Pay by Direct Debit or may limit the total number of direct debit accounts you have with us. If you are a Pay by Direct Debit customer then please refer to Clause 6 of this Agreement to see how payment for your account will be dealt with.

3.3 Top Up your account: If you are a Pay As You Go customer your account needs to be in credit with us if you want to use our Services. You can add credit to your account by purchasing a Top Up and applying such Top Up to your account or by one of the other means we offer as set out in clause 6.8. As Charges are incurred they will be deducted from any amounts credited against your account.

3.4 Charges: Charges for your use of the Services will be set out in the Tariff Table that you received with your SIM. If you did not receive a copy of the Tariff Table with your SIM then please check out our website or contact our Team for one. We may amend the Charges as set out in clause 5 of this Agreement.

3.5 No refund: If you don’t use all of the credit in any Top Up that you purchase, or such Top Up expires (if applicable) then we will not give you a refund for it. If this Agreement is cancelled (unless you cancel in accordance with Clause 5.4) then you will also lose any credit you have on your account and we will not refund it to you.

3.6 Top Up restrictions: Top Ups may have restrictions around their validity or use. For example, some Top Up vouchers may have an expiry date by which any credit on them needs to be used. All details or rules concerning Top Ups will be available to you before you purchase a Top Up either by being set out on any printed material that accompanies the Top Up, on our website or available from our Team on request.

3.7 No credit: If you are a Pay As You Go customer and you do not have any credit left on your account then you will not be able to make any outgoing calls except to the emergency services or to the Team, or to call a number we have provided so that you can Top Up. You will also not be able to use any of the Services that would incur Charges. You will still be able to receive incoming calls (unless you are Roaming).

3.8 Keep talking!: You need to use our Services at least once within any 90 day period either by making a chargeable call or sending a text message. If you don’t we may suspend your access to the Services and cancel this Agreement. If we cancel this Agreement, you may lose your phone number and any unused Top Up credit on your account (see Clause 10.3). We don’t really want to lose you as a customer so please ensure you keep talking or texting!

3.9 Choice: If you are a Pay by Direct Debit customer then you can also choose to pay the Charges in advance by purchasing a Top Up and applying such Top Up to your account.

4. Provision of service

4.1 Availability: We will try to make our Services available to you at all times but quality and availability could be affected by factors outside of our control, such as the weather, or faults in the Network or any other networks used to provide the Services to you. The Network we use for the provision of our Services may from time to time need upgrading, maintenance or other work which may result in interruptions or unavailability. Where this is the case and our Network provider has informed us, we will detail any interruptions or unavailability on our website and details will also be available from our Team. We will do all we can to keep such unavailability to a minimum.

4.2 Use of the Services: The Services will be available to you provided you:
(a) comply with your obligations as set out in this Agreement;
(b) are in range of the base stations forming the Network (or that of our partners when Roaming) when you try to use the Services;
(c) do not use the Services for anything illegal, immoral or improper;
(d) pay your bill on time if you Pay by Direct Debit;
(e) only use the Services with the equipment and SIM we have approved for use on the Network;
(f) give us valid information we reasonably ask for and do not give us false information;
(g) follow all reasonable instructions we give you and any reasonable guidelines we make available to you;
(h) do not use the Services for making abusive, offensive, indecent or nuisance calls, for sending spam or unsolicited emails or text messages, for making or receiving reverse charge calls or for infringing another persons rights including copyright or other intellectual property rights.

4.3 Your SIM: Any SIM we provide to you remains our property and must be returned to us if we ask for it back. You must keep your SIM safe and can only use it to access our services. If your SIM is lost, stolen or damaged call the team immediately for another SIM. If your SIM is lost or stolen and you notify the team within 24 hours, you will be liable for charges that are not part of your allowance relating to the unauthorised use of the SIM (including call charges) up to £100 only. If you notify the team after 24 hours, you will be liable for all charges relating to use of the SIM (including call charges) up to the time that you notify us that your SIM is lost or stolen, regardless of whether the charges have been incurred by you or someone else. You will also continue to be liable for the monthly payment (or other periodic charge) relating to your Contract Allowance until the end of the Minimum Term. If you lose the SIM, you might be liable to pay a reasonable replacement charge, details of which are set out in our tariff table.

4.4 No reselling: You may not sell or otherwise make our Services available to others or commercially exploit our Services or any Content in any way.

4.5 Phone numbers: We grant you the use of a phone number. In exceptional circumstances, the telecommunications regulator OFCOM may order the reallocation or change of mobile phone numbers, in which case we may have to change the phone number we make available to you.

4.6 Content: We will use reasonable endeavours to maintain any Content that is provided by us or our appointed third party Content suppliers. However, as Content is obtained from a large range of sources, it is provided on an ‘as is’ basis and we do not represent to you that any Content is of satisfactory quality, accurate, error free, secure, fit for a particular purpose, complete or suitable. For restrictions around Content provided by third parties please see clause 7.3.

4.7 Roaming: Our Services may be available to you in countries outside of the UK if we or the partner who provides us with our Network have roaming arrangements in place. You may need to activate Roaming on your handset by contacting the Team before you leave the UK. You may also need to pay us a Deposit as set out in clause 6.7 before you roam. The Charges for Roaming are set out in our Tariff Table or are available from the Team on request. Overseas network operators may bill us sometime after you use the Services – this can be as long as three months later! Please be aware that when you use your phone abroad incoming calls also incur a charge.

4.8 Returns: If you have obtained your handset or SIM directly from us, for example, through our website www.virginmobile.co.uk, through a Virgin Media Store or by speaking to our Team then you will be entitled to benefit from any customer satisfaction guarantee and equipment warranty that we provide. Full details of such customer satisfaction guarantee and warranty are detailed in the joining pack you receive with your handset or SIM and are also available from our Team on request. If you have obtained your handset or SIM from another source, for example a high street retailer who may offer services from a variety of networks, any customer satisfaction guarantee and warranty that we provide will not be available to you. You should check directly with the retailer where you obtained your handset or SIM what their policy is should you wish to return the handset or SIM or if either of them develops a fault. If you do return your handset or SIM for any reason then you will be charged for any calls or use of our Services at the rates set out in our Tariff Table.

4.9 Additional Services: We may offer you new services that may be of interest or benefit to you. Charges for any Additional Services will be specified in our Tariff Table and any special terms and conditions for such Additional Services will be specified on our website or be available from our Team on request. We may require you to show a satisfactory credit score or billing history before we provision you for access to some Additional Services.

4.10 Acceptable use: We may publish an acceptable use policy in respect of some of our Services or any Additional Services. An acceptable use policy will provide rules and further details around how such Services or Additional Services can be used. We will do this to help us prevent fraud and to ensure that excessive use of such Services or Additional Services does not prevent our customers from enjoying such Services or Additional Services. We will notify you in advance if we do publish such a policy and such policy will also be available on our website or from our Team on request.

5. Changes to this agreement, the charges or our services

5.1 Making changes: We may change this Agreement at any time for Network security reasons, legal or regulatory reasons, or if we wish to have all of our customers on the same terms and conditions for Services. We may also need to change or withdraw all part of our Services or any Additional Services if they are uneconomical, technically impractical, not fulfilling their purpose for you or us, or as a result of changes in technology or changes made by our Network supplier. We may also change our Charges or introduce new Charges.

5.2 Details of any changes: Any changes we make will be available on our website or be available from our Team on request. Changes to the Charges will be reflected in the Tariff Table. Please check our website regularly for any changes.

5.3 Significant changes: We will notify you at least one month in advance of any change coming into effect if we make any changes to your Agreement, the Services or any Additional Services you are using, or to the Charges for any Services or Additional Services you are using, which are likely to be of material detriment to you.

5.4 Non acceptance of changes: If you do not accept any changes notified to you in accordance with clause 5.3 you can cancel this Agreement or are free to stop using our Services. If your account is in credit we will refund you the amount of any credit you have paid for (excluding any initial airtime or other credit we may have credited to you). To claim your refund you must write to the Team within 90 days of the date of the change coming into effect.

5.5 Acceptance of changes: Any continued use of our Services or Additional Services after the date of the change will be deemed to be acceptance by you of the relevant change.

5.6 Communicating with you: If we do need to notify you of a change in accordance with clause 5.3, or otherwise need to communicate with you in respect of our Services or this Agreement, then we will do this by sending you an email or a text message. However, we may also choose to communicate with you by any of the following means as well: by mail, phone, electronic messaging, by placing a recorded message on the phone number for the Team, by the means set out in clause 5.2, or by some other means. We will use the most recent contact details that you have given us (if any).

6. Charges, payment and related terms

6.1 Pay by Direct Debit: Except for clauses 6.7 and 6.8, the rights and obligations set out in this clause 6 apply only to Pay by Direct Debit customers and not Pay As You Go customers.

6.2 Credit limits: We may set a monthly credit limit on your account that will be an amount we consider appropriate. We will let you know what this amount is if we do set a monthly credit limit. We may suspend your access to the Services if you exceed the limit. You should not use the credit limit for budgeting as the amount you owe is not capped or limited and you will still be liable if you exceed the credit limit we set!

6.3 Bills: We’ll usually send you a bill every month advising you of the total amount of Charges you owe us. We may change the billing period at any time but we will notify you in advance if we do this.

6.4 Getting it to you: We will send your bill to you by text message (but we may need to use another means) unless you have advised us that you want to receive it by one of the other means we offer. Alternatively, an itemised version of your account showing the total amount of Charges and details of any Charges for use of our Services will be available to you by registering with us and logging into your account on our website or on request. If you request us to send you an itemised version of your account then we may make a reasonable charge for this, details of which are set out in our Tariff Table. We may appoint a third party to provide you with your bill on our behalf. Bills issued by such third party will be binding on you and payment of such invoices in full to the third party will be a valid discharge of your liability to pay such bill under this Agreement.

6.5 Payment in full: You must pay your Charges in full in the amount requested within 14 days of the date of your bill. Unless you contact us to pay your Charges in advance, as set out in clause 6.8, you must pay your bill by direct debit from a suitable bank account that allows payment by direct debit and must maintain an active direct debit if you Pay by Direct Debit. If the Charges are not paid in full and on time we can stop you using some or all of our Services and may cancel this Agreement. If you think there is mistake in your bill, please tell us as soon as possible so that we can check this.

6.6 Late payment: If you do not pay a bill by the due date, we can charge you interest on what you owe at 2% above the base rate of Barclays Bank plc. We will use the base rate that was in force when the bill was due and we can charge you interest until you pay. We may also charge you for any reasonable administration or collection costs which we incur if you do not pay your bill on time and in full.

6.7 Deposits: We may require you to make a Deposit to be used as security for the Charges. We do not pay you interest on Deposits. A Deposit is likely to be required if you have less than 4 months credit history with us and you wish to activate Roaming on your account, for the reason set out in clause 11.6, or if you do not pay any of your bills in full and on time. Details of any Deposit that may be required are set out in our Tariff Table. We may use the Deposit to pay any Charges that you owe us that you have not paid. If you do not owe us any money we will repay the Deposit to you if this Agreement is cancelled or if you return your SIM and handset (if applicable) under the terms of any customer returns policy that applies to your sale.

6.8 Payment methods: If you do want to pay the Charges in advance then you can purchase and apply a Top-Up to your account or we will accept payment by credit card or debit card. However, if we have reasonable cause to believe that your payment will be dishonoured or we cannot validate any payment card details you provide to us, we may refuse your chosen payment method and request another method.

7. Liability

7.1 Exclusions: In terms of this Agreement, we exclude all liability to you in any way for:
(a) any losses where we are not at fault;
(b) any loss of income, business or profits;
(c) any corruption of data in connection with the use of the Services; or
(d) any losses or damages which were not reasonably foreseeable when we entered into this Agreement.

7.2 Limited liability: We are only liable to you as set out in this Agreement. We will pay for any damage or losses if we are liable to you for something we or anyone working for us does or does not do. However, our obligation to pay damages or losses is limited to £3,000 for one incident or £6,000 for a number of incidents within any 12 month period. Nothing in this Agreement removes or limits our liability for death or personal injury caused by our negligence, or for any fraudulent mis-representations we make.

7.3 Third parties: You may be able to use our Services to upload or transmit email or Content over the internet or to access third party websites, Content and other material which is branded or provided by third parties, and to acquire goods or services from third parties. We and our Network supplier merely act as the “pipe” transmitting this Content to or from you and do not have any control or exercise any control over this Content, the third parties, or any goods or services they may provide. We therefore have no responsibility or liability to you for these third party sites, their Content, or for any goods or services you may obtain from them. You are responsible for any Content that you upload or transmit.

7.4 Timeliness: You must tell us about any claims you want to make against us as soon as reasonably possible. This will allow us to look into your claim and any relevant account records we have on our systems before we delete the records in accordance with our legal obligations.

7.5 Things beyond our control: We will not be liable to you if we are unable to provide you with the Services, or perform any of our obligations under this Agreement because of something beyond our control. Such factors may include, but will not be limited to, acts of God, industrial action, war, terrorist act, governmental action, any act or decision made by court of competent jurisdiction, or delay, default or failure by a third party supplier or network operator.

7.6 Continuation: This section 7 will apply even after this Agreement has ended. If you are a consumer, the terms of this Agreement will not affect any rights you have under any statute which cannot be excluded by the terms of this Agreement. For more information on the rights you have under statute contact your Local Authority Trading Standards Department or Citizens Advice Bureau.

8. Suspending or disconnecting access to our services

8.1 Suspension for Network problems: We may suspend your use of the Services or disconnect any SIM from the Network without warning if the Network needs urgent maintenance or upgrading. We will try to make sure this does not happen often.

8.2 Suspension for other reasons: We may also suspend your use of the Services and disconnect your SIM from the Network without giving you notice if you, or anyone who uses your SIM:
(a) does not keep to the conditions of this Agreement, including the provisions of clause 4.2, or any other agreement with us, for example, any terms and conditions relating to Additional Services or any promotional or special offers;
(b) damages the Network or puts it at risk;
(c) continually harasses, abuses or threatens our staff;
(d) notifies us that your SIM has been lost or stolen;
(e) exceeds any credit limit we may have set for you or does not pay a bill when it is due;
(f) is required to be suspended following an order, instruction or request from any governmental body, any emergency service organisation, or any other person or organisation with the appropriate authority to request such suspension,
(g) has provided us with information that we reasonably believe is false or misleading;
(h) chooses not to use our Services within a 90 day period either by making a chargeable call or sending a text message,
(i) if you are a Pay by Direct Debit customer and any direct debit for your account has been suspended, cancelled or is otherwise inactive,
(j) we reasonably believe that there has been fraudulent activity on your account; or
(k) contravenes any acceptable use policy we have notified you about (as set out in clause 4.10) and you continue to use the Services in breach of that acceptable use policy after we have notified you of any breach.

Suspension may result in us cancelling this Agreement. If we cancel this Agreement, you may lose you phone number and any unused Top Up credit on your account (see Clause 10.3).

8.3 Reconnection Charges: We may charge you a fee to reconnect you to our Services except where the reconnection is required as a result of Network problems as set out in clause 8.1. Details of any fee are set out in our Tariff Table.

8.4 Messaging Services: We may turn off your Messaging Services if they are inactive for an extended period of time but we will let you know before this happens. If we do turn off your Messaging Service you will lose all of the content in your Messaging Services and we will be unable to forward any unopened or unsent messages to you or anyone else.

8.5 Unlocking your handset: Handsets that are used to access our Services are locked to the Network. If you wish to unlock your handset from the Network you will need to contact our Team and pay the Charges for unlocking your handset as set out in the Tariff Table. You will also need to have paid all Charges owing on your account before we unlock your handset. For security reasons you will also need to register the handset you wish to unlock with us before we unlock it for you.

9. Queries, disputes and contact details

9.1 Contact us: If you have a query about our Services, you can contact us at any time by calling the Team on 0345 6000 789 (789 from your Virgin Media handset) in the UK, by writing to us at Virgin Media, The Team, PO Box 333, Matrix Court, Swansea SA7 9BB or by emailing us through our website which is www.virginmobile.co.uk. We will try to resolve your query as quickly as possible. If for any reason you have a complaint about our Services then you can also contact us using these same details or by following the process in our 'Complaints Code of Practice', a copy of which is available in the 'Legal Stuff' section of our website.

9.2 Still not happy?:To give you peace of mind we are members of the Communications and Internet Services Adjudication Scheme (CISAS). This is an independent body set up to help resolve any problems with the Services we provide and the service you receive. For more information on how to refer a dispute or complaint to CISAS see www.cisas.org.uk

10. When our agreement ends

10.1 Your right to cancel: You may cancel this Agreement at any time for any reason.

10.2 Our right to cancel: We may cancel this Agreement immediately in the following circumstances:
(a) if we have the right to suspend your access to the Services for any of the reasons set out in clause 8.2 and we believe that the grounds are serious and have not been, or are unlikely to be, rectified;
(b) if you break this Agreement in any material way and do not put it right within 7 days of us asking you to;
(c) if you Pay by Direct Debit and you do not pay the Charges in full or on time as set out in clause 6.5 or you become bankrupt or make any arrangement with your creditors; or
(d) if the Network owner no longer makes the Network available to us.

10.3 Effect of cancellation: If this Agreement is cancelled you will need to pay us on cancellation all unpaid Charges on your account and:
(a) your SIM will be disconnected from the Network,
(b) you will not be able to use our Services at all; and
(c) you will lose your phone number (unless you move to another network).

(d) you will lose any unused Top Up credit on your account (except in the circumstances set out in Clause 5.4).

11. Your details and how we look after them

11.1 How we use your data: By subscribing to our Services you are giving us your consent to use your personal information together with other information for the purposes of providing you with our Services, service information and updates, administration, credit scoring, customer services, training, tracking use of our Services (including processing call, usage, billing, viewing and interactive data), profiling your usage and purchasing preferences for so long as you are a customer and for as long as is necessary for these specified purposes after you terminate the Services. We may occasionally use third parties to process your personal information in the ways outlined above. These third parties are permitted to use the data only in accordance with our instructions and the law.

11.2 Marketing consent: We may also, subject to your consent, use your personal information to contact you with information about special offers and rewards (this may include special offers of other carefully selected companies). We and other Virgin companies (e.g. Virgin Atlantic) may also, subject to your consent, use your personal information to contact you with information about their products and services including special offers from them, and we may disclose your personal information to other Virgin companies and sub-contractors and agents for these purposes. But don’t worry, we won’t share your details with companies outside the Virgin group for marketing purposes without your consent.

11.3 How we can contact you: If you have given us the consent referred to in the marketing consent above, then from time to time, we and other Virgin companies may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax.

11.4 Subject access request:You’re welcome to ask us what information we have about you, any time you like. If you need us to send it to you, just call our team on 789 from your Virgin mobile phone, or 0345 6000 789* from any other phone. If any of the details are incorrect, let us know and we’ll amend them right away.

11.5 Credit checks: If you apply for credit we or the retailer you purchase your SIM or handset from may carry out credit checks where necessary to help us or the retailer confirm your identity and decide whether to accept your application. The credit check will include looking at our own and the retailers information (if you apply through a retailer that is not Virgin Media), the details you have given us, and registering and checking your information with credit reference agencies and fraud prevention agencies who will also check the details of anyone you are financially associated with – for example, people you may have a joint bank account with. You agree that we or the retailer may conduct these checks and also register information about you and the conduct of your account with any credit reference agency who will also record our search on their records.

11.6 Our credit assessment: If our assessment of you does not meet our normal requirements then we may require you to make a Deposit with us or we may refuse to provide you with Services. For the purpose of fraud prevention, debt collection, credit management and emergency services purposes, information about you and the conduct of your account may be disclosed to credit reference agencies, debt collection agencies, fraud prevention agencies, security agencies, financial institutions, emergency services organisations or other phone companies. For the same reasons we may also perform subsequent credit checks whilst you retain a financial obligation with us.

11.7 Recording: We may record or monitor any conversations about your account or our Services to assist us to improve the quality of service we provide to you.

12. General

12.1 Change of details: You must call the Team straight away about any change in your address, email address, any direct debit for your account, or any other change to details you have supplied to us.

12.2. Age Restricted Services: If you are under the specified age that may apply to any Age Restricted Services you are not permitted to access such Age Restricted Services. If you are the specified age or over and you access any Age Restricted Services you must not show, or send Content, from the Age Restricted Services to anyone under the age that may be specified on some Content or Services. If you let anyone under the age specified on any Content or Services use your handset you must also ensure that you deactivate access to any Age Restricted Services before doing so.

12.3 Severability: If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is lawful and effective.

12.4 Directory information: You may ask us to enter your name, address and mobile telephone number in a publicly available telephone directory and/or a directory enquiry service operated by us or a third party. If you would like us to include your details in such a directory or enquiry service then please contact the Team.

12.5 Enforcement: Failure by either you or us to enforce any rights under this Agreement shall not prevent either you or us from taking further action.

12.6 No third party rights: This Agreement does not confer any benefit on any third party under the Contracts (Rights of Third Parties) Act 1999.

12.7 Law: This Agreement is to be interpreted in accordance with the laws of England and each of us agrees to only bring legal actions about this Agreement in a UK court.

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Pay Monthly and Pay Monthly SIM Only - Terms and Conditions

These terms and conditions apply to our Pay Monthly and Pay Monthly SIM Only contracts.Our 4G terms and conditions of service also apply for customers that use our 4G Services. If you are a Freestyle Customer and have taken a handset under a Credit Agreement you will be on a Pay Monthly contract with a Minimum Term of one month and that Pay Monthly contract can be cancelled by you on 30 days’ notice (this does not affect your obligations under your separate Credit Agreement.

1. Introduction

1.1 The parties: The Services covered by this Agreement are provided to you by Virgin Mobile Telecoms Limited (Company number 3707664). Our registered office address is Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP. Our VAT number is 591819014. In this Agreement, when we say “Virgin Mobile”, “we”, “our” or “us” we mean Virgin Mobile Telecoms Limited. When we say “you” or “your” we mean you, our customer.

1.2 Definitions: This Agreement contains various words that start with a capital letter and have a defined meaning, eg “Charges”. We set out below what these defined words mean.

Acceptable Use Policies means our acceptable use and fair use policies from time to time, which can be seen at http://store.virginmedia.com/the-legal-stuff/our-service.html.

Add-on means a product (for example a data Add-on) that allows you to obtain access to our Services when you are outside your Contract Allowance, for example, by purchasing a specific time limited allowance of the Service.

Additional Services means optional Services (for example Roaming, access to Services charged at premium rates, Content or applications) which are likely to be supplied outside of your Contract Allowance and are chargeable at the rates set out in our Tariff Table.

Age Restricted Services means any of the Content or Services that are specified for use by customers of a specified age (usually 18) or over.

Agreement means these terms and conditions of service and the Charges and other details in our Tariff Table that apply to your account. Additional terms may apply to Additional Services or any promotional or special offers but we will notify you of these before they apply.

Artificially Inflate 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 our Network or Services.

Charges means charges for access to and use of the Services as set out in the Tariff Table. Charges may cover (without limitation) call and usage charges, fixed periodic charges (if applicable), all reasonable administration charges, and any costs incurred in collecting outstanding payments from you.

Content means information, images and sounds, communications, software or any other material contained or made available through the Services.

Contract Allowance means the agreed allowance of Services, for example, airtime, texts and data that Virgin Mobile shall provide to you for an agreed monthly or other periodic payment – also referred to as a “tariff”. For example a £5 a month 30-day SIM tariff might contain 250 minutes, unlimited text messages and 500MB of data a month.

Credit Agreement means a 24 month consumer credit agreement entered into between you and Virgin Media Mobile Finance Limited for the purchase of a mobile device from Virgin Mobile Telecoms Limited.

Deposit means a refundable amount that we may ask you to pay to us before we provide you with access to the Services or any Additional Services.

Freestyle Customer means a customer who has entered into our Freestyle contracts which comprise a Credit Agreement for the handset or other device and a Pay Monthly airtime Agreement for the airtime.

Messaging Services means the voicemail storage and retrieval service and/or any other type of message storage and retrieval service that we may offer from time to time.

Minimum Term means the minimum fixed period for the supply of your Contract Allowance and Services agreed with you when your application for the supply of the Services is accepted by us or any other Minimum Term agreed in accordance with this Agreement..

Network means the telephone system that provides our Services.

Roaming is an Additional Service that allows you to access the Services on a network belonging to another operator, usually in a foreign country.

Services means the mobile telephone services offered by Virgin Mobile including Additional Services and Messaging Services where appropriate, which we have agreed to provide to you.

SIM means the SIM card which contains your Virgin Mobile phone number and enables you (together with a handset or other equipment) to access our Services.

Tariff Table means Virgin Mobile’s current list of Charges and prices which is updated from time to time and available on our website, in our latest catalogue, or from our Team upon request.

Top Up means a voucher, receipt or other pre-payment mechanism that allows you to add credit to your account by one of the means we offer so that you can access our Services.

Team means the Virgin Mobile customer service team. Our contact details are set out in clause 9.1.

Other Legal Stuff means the additional terms and conditions which apply to our Services including any promotional offers relating to our Services, as published by us on our website as updated by us from time to time, or on any other marketing or point of sale materials either we or any third party retailer may use to promote our Services.

2. Our Agreement

2.1 Commencement: This Agreement starts when we accept your application to use our Services. We make the Services available to you on the terms and conditions of this Agreement and will connect you to the Network as soon as we can so that you can access the Services.

2.2 Minimum Term: When we agree to make the Services available to you, we will agree whether your contract is pay Monthly or Pay Monthly SIM Only and the Minimum Term applicable to your contract. This Agreement will continue for at least the Minimum Term although you may cancel it during the Minimum Term in accordance with clause 10.1. You should be aware that if you cancel before the end of the Minimum Term and your Minimum Term is more than one month, you may have to pay early termination fees. See clause 10.4. If your Minimum Term has come to an end and you have not terminated this Agreement, the Agreement will continue and we will continue to supply you with the Services as set out in clause 3.5, until either you or we choose to end this Agreement in any of the ways permitted in clause 10.

2.3 Transfer: This Agreement is personal to you and you may not transfer your account or any of your rights and responsibilities under this Agreement without our consent. The terms of this Agreement will also apply to anyone you transfer your SIM to. Please contact the Team first if you do want to transfer your SIM. We may transfer any of our rights and responsibilities without your permission provided that the Services you receive or the rights you have under this Agreement are not materially reduced as a result.

2.4 Your handset: Subject to clause 2.5, this Agreement only covers the provision of the Services by us to you. It does not cover any handsets or other devices you may have received with your SIM or as part of a package, either directly from us or through a third party retailer. Please see clause 4.8 if you need to return your SIM.

2.5 Your agreement is made up of these terms and your plan (as detailed in our Tariff Table), along with any other terms for additional services like Add-ons. Promotional and special offers will also have their own terms which may apply to you. Generally, where’s there’s a conflict between these terms and any other terms (that means, when the two documents say different things), these terms will apply. If you’re a Freestyle Customer and have agreed to buy a handset or other device from us under a Credit Agreement, the terms of the Credit Agreement will apply if there’s a conflict. If you end this Agreement in accordance with:

(a) clause 10.1 below, we may treat that notification as notice from you to also end the Credit Agreement and we will have the right to require you to repay the credit provided under the Credit Agreement immediately in full without delay, in any event, no later than 30 days after you gave us notice to end this Agreement, and will let you know of these payment requirements as soon as reasonably possible and in accordance with our obligations under the Credit Agreement; or

(b) clause 10.1 (b), (c), (d) or (e) then the Credit Agreement will not be affected and will continue, which means you will not be required to immediately (or within 30 days) repay the credit provided under the Credit Agreement but you will need to continue to meet your repayment obligations under that Credit Agreement.

3. Your Contract Allowance

3.1 Your Contract Allowance: Once we have accepted your application (and have confirmed that you are 18 or over and you have passed a credit check) we will provide you with your agreed Contract Allowance of minutes, text messages or Services. Details of the types of calls, text messages or Services that are included within your Contract Allowance are detailed in any joining pack you receive with your SIM and are also available, on your “Your Account” page on our website, or from our Team on request. We will set up your Contract Allowance for you as soon as we can but this may take up to 48 hours from when we first connect you to the Network. We will notify you by text message as soon as your Contract Allowance has been set up. Until that time you may still use the Services but these will be charged for separately at the applicable rates specified as Pay Monthly call charges full details of which are set out in our website.

3.2 Changing your Contract Allowance: During your Minimum Term we may allow you to change your Contract Allowance to a different allowance that we have available at that time. The new allowance and price will apply from your next monthly bill cycle for the remainder of the term of your Agreement, unless you change your Contract Allowance again.

3.3 Add-ons and Add-on restrictions: You may want to obtain access to a Service outside of your Contract Allowance by purchasing an Add-on. *Add-ons can be purchased through your "My Account" page on our website, our Care agents, on our mobile app, or through the link in the SMS we send you when you reach 75%, 95% and 100% of your inclusive data allowance.* The price of any Add-ons that you purchase will be individually itemised and added to your next monthly bill. Add-ons are non-transferable and other restrictions may apply concerning their expiry, validity or use. For example, Add-ons have an expiry date by which they must be used which may coincide with your next billing date or could be one day or more from the date of purchase. Add-ons will also be non-cancellable and non-refundable if you agree to the delivery of the Add-on to you for your immediate use. All details or rules concerning Add-ons will be available to you before you purchase an Add-on either by being set out on any material that accompanies the Add-on, on our website or available from our Team on request.

3.4 Keep talking!: You need to use our Services at least once within any 90 day period either by making a chargeable call or sending a text message. If you don’t we may suspend your access to the Services and cancel this Agreement. If we cancel this Agreement, you may lose your phone number and any Add-on credit on your account (see clause 10.4). We don’t really want to lose you as a customer so please ensure you keep talking or texting!

3.5 At the end of the Minimum Term: We may contact you towards the end of your Minimum Term to let you know that the Minimum Term is due to come to an end. At the expiry of your Minimum Term we will continue to provide you with your Contract Allowance on a monthly (or other periodic) basis and will continue to bill you in the same way for the Charges. If you wish to change your Contract Allowance at the end of the Minimum Term then you can do so by contacting the Team but you will need to sign up for another Minimum Term under this Agreement. You will need to contact the Team and give at least 30 days’ notice before the expiry of your Minimum Term or any subsequent monthly renewal date for your Contract Allowance if you do not want us to continue providing you with your Contract Allowance each month. If you give us notice that you do not wish us to continue to provide you with your Contract Allowance, then you will treated as a Pay As You Go customer and the Pay As You Go terms of service and Charges will apply. You can view them here.

4. Provision of Services

4.1 Availability: We will try to make our Services available to you at all times but quality and availability could be affected by factors outside of our control, such as faults in the Network or any other networks used to provide the Services to you, and other environmental factors such as the weather, the type of building you are in, or surrounding trees. The Network we use for the provision of our Services may from time to time need upgrading, maintenance or other work which may result in interruptions or unavailability. Where this is the case and our Network provider has informed us, we will detail any interruptions or unavailability on our website and details will also be available from our Team. We will do all we can to keep such unavailability to a minimum, however we cannot guarantee that we will be able to provide Network coverage at all times. The Services are available if you are in range of a base station which forms part of the Network that we use. The Network comprises different types of technology and the available technology varies depending where you are in the country. For example, you will only have access to our 3G Services when you are in range of a 3G base station. In other parts of the country you may only have access to 2G Services. You will only have access to 4G if you have signed up to a 4G tariff and are within range of a 4G base station. See the 4G terms and conditions here or at website address. In areas without Network coverage you will not receive any Service. You should check our coverage checker on our website for more details.

4.2 Use of the Services: The Services will be available to you provided you:

(a) comply with your obligations as set out in this Agreement;
(b) are in range of the base stations forming the Network (or that of our partners when Roaming) when you try to use the Services;
(c) do not use the Services for anything illegal, immoral or improper;
(d) do not use the Service for a purpose in any way related to an arrangement which we suspect is designed to Artificially Inflate Traffic to a number or numbers. We reserve the right to bar access to numbers on a temporary or permanent basis which we reasonably suspect are being used for such purposes;

(e) do not use the Services for calling “cash back” or “cash for calling” numbers, ie where you are paid, in monetary or other terms, by the provider for calling that number. We reserve the right to bar access to numbers on a temporary or permanent basis which we reasonably suspect are being used for such purposes;

(f) pay your bill on time;
(g) only use the Services with the equipment and SIM we have approved for use on the Network;
(h) give us valid information we reasonably ask for and do not give us false information;
(i) follow all reasonable instructions we give you and any reasonable guidelines we make available to you;
(j) do not use the Services for making abusive, offensive, indecent or nuisance calls, for sending spam or unsolicited emails or text messages, for making or receiving reverse charge calls, or for infringing another person’s rights including copyright or other intellectual property rights;

(k) use our Service in accordance with our Acceptable Use Policies;
(l) do not use our Services in any way that is not in keeping with that reasonably expected of a private individual and do not use the Services for commercial or business purposes.

4.3 Your SIM: Any SIM we provide to you remains our property and must be returned to us if we ask for it back. You must keep your SIM safe and can only use it to access our Services. If your SIM is lost, stolen or damaged call the Team immediately for another SIM. If your SIM is lost or stolen and you notify the Team within 24 hours, you will be liable for Charges that are not part of your Contract Allowance relating to the unauthorised use of the SIM (including call charges) up to £100 only. If you notify the Team after 24 hours, you will be liable for all Charges relating to use of the SIM (including call charges) up to the time that you notify us that your SIM is lost or stolen, regardless of whether the Charges have been incurred by you or someone else. You will also continue to be liable for the monthly payment (or other periodic charge) relating to your Contract Allowance until the end of the Minimum Term. If you lose the SIM, you might be liable to pay a reasonable replacement charge, details of which are set out in our Tariff Table.

4.4 No reselling: You may not sell or otherwise make our Services available to others or commercially exploit our Services or any Content in any way.

4.5 Phone numbers: We grant you the use of a phone number. In exceptional circumstances, the telecommunications regulator Ofcom may order the reallocation or change of mobile phone numbers, in which case we may have to change the phone number we make available to you.

4.6 Content: We will use reasonable endeavours to maintain any Content that is provided by us or our appointed third party Content suppliers. However, as Content is obtained from a large range of sources, it is provided on an ‘as is’ basis and we do not represent to you that any Content is of satisfactory quality, accurate, error free, secure, fit for a particular purpose, complete or suitable. For restrictions around Content provided by third parties please see Clause 7.3.

4.7 Roaming: Our Services may be available to you in countries outside of the UK if we or the partner who provides us with our Network have roaming arrangements in place. You may need to activate Roaming on your account and handset by contacting the Team before you leave the UK. You may also need to pay us a Deposit as set out in Clause 6.9 before you roam. The Charges for Roaming are set out in our Tariff Table or are available from the Team on request. Overseas network operators may bill us sometime after you use the Services – this can be as long as three months later. Please be aware that when you use your phone abroad incoming calls also incur a charge. Details are available here.

Inadvertent Roaming. If you are using your handset in a location in the UK, which is close to the border between the UK and another country, your phone may connect to a network in that other country. You will be charged at roaming rates for that usage. To prevent that occurring, you should take care to note the network to which your handset is connected when in those areas, before using the handset. Alternatively, you may be able to disable roaming on your handset or you may contact us and we can disable roaming for you.

4.8 Returns: If you have obtained your SIM directly from us, for example, through our website www.virginmobile.com, through a Virgin Mobile or Virgin Media Store or by speaking to our Team then you will be entitled to benefit from any customer satisfaction guarantee and equipment warranty that we provide. Full details of such customer satisfaction guarantee and warranty are available on our website and are also available from our Team on request. You also have the right to cancel your contract within 14 days from the date your started contract or you received your device without giving any reason. We will refund you within 14 days for all payments received less any airtime or data you’ve bought or used. If you have obtained your SIM from another source, for example a high street retailer who may offer services from a variety of networks, any customer satisfaction guarantee and warranty that we provide will not be available to you. You should check directly with the retailer where you obtained your SIM what their policy is should you wish to return the SIM or if it develops a fault. If you do return your SIM for any reason then you will still be charged for any calls or use of our Services at the rates set out in our Pay Monthly call charges table on our website.

4.9 Additional Services: We may offer you new services that may be of interest or benefit to you. Charges for any Additional Services will be specified in our Tariff Table and any special terms and conditions for such Additional Services will be specified on our website or be available from our Team on request. We may require you to show a satisfactory credit score or billing history before we provision you for access to some Additional Services.

4.10 Other Legal Stuff: As well as these terms and conditions, the Services have Other Legal Stuff which applies to the Services and their use, as published by us on our website. These may be updated from time to time so please check the website regularly and read through it carefully. This Other Legal Stuff includes our Acceptable Use Policies, copies of which are available on our website.

5. Changes to this Agreement, the Charges or our Services

5.1 General changes: We may change this Agreement at any time including for Network security reasons, legal or regulatory reasons, or if we wish to have all of our customers on the same terms and conditions for Services. We may also need to change or withdraw all or part of your Contract Allowance, all or part of our Services if they are uneconomical, technically impractical, not fulfilling their purpose for you or us, or as a result of changes in technology or changes made by our Network supplier. We may also change our Charges or introduce new Charges at any time.

5.2 Details of any changes: Any changes we make will be available on our website or will be available from our Team on request. Changes to the Charges will be reflected in the Tariff Table. Please check our website regularly for any changes.

5.3 Significant changes: We will notify you at least one month in advance of any change coming into effect if we make any changes to your Agreement, or the Services you are using, or to the Charges for any Services you are using, which (in our reasonable opinion) are likely to be of material detriment to you.
5.4 Non acceptance of changes: If you do not accept a change that falls within clause 5.3 you may cancel this Agreement by notifying us within 1 month of us telling you about any change, to let us know that you want to cancel. However you may not cancel this Agreement if such change:

(a) has been imposed on us by any regulator with appropriate authority, for example Ofcom, or as a direct result of new legislation, statutory instrument or government regulation; or

(b) relates solely to an Additional Service, unless we specifically notify you of a right to cancel.. If this is the case then you may cancel such Additional Service by giving us a least ten days’ notice in writing to that effect within one month of the notice.

If your account is in credit from an Add-on we will refund you the amount of any credit you have paid for and not yet used (excluding any initial airtime or other credit we may have credited to you). To claim your refund you must write to the Team within 90 days of the date of the change coming into effect.

5.5 Acceptance of changes: Any continued use of our Services after the date of the change will be deemed to be acceptance by you of the relevant change unless you give us notice of cancellation in accordance with clause 5.4.

5.6 Communicating with you: If we do need to notify you of a change in accordance with clause 5.3, or otherwise need to communicate with you in respect of our Services or this Agreement, then we will do this by sending you an email or a text message. However, we may also choose to communicate with you by any of the following means as well: by post, phone, electronic messaging, by placing a recorded message on the phone number for the Team, by placing a message on your bill or in your “Your Account” page on our website, by the means set out in clause 5.2, or by some other means. We will use the most recent contact details that you have given us (if any).

5.7 Price adjustment: The Charge for your Contract Allowance will increase with your July bill each year. Any increase will be in line with the Retail Price Index (RPI) rate of inflation at the time, and we’ll always give you at least 30 days’ notice of the exact increase each year. We use the RPI rate announced in April to adjust your bill.

6. Charges, Payment and Related Terms

6.1 Pay by Direct Debit: You must pay your bill by direct debit from a suitable bank account that allows payment by direct debit and must maintain an active direct debit.

6.2 Credit limits: We may set a monthly credit limit on your account that will be an amount we consider appropriate. We will let you know what this amount is if we do set a monthly credit limit. We may suspend your access to the Services if you exceed the limit. You should not use the credit limit for budgeting as the amount you owe is not capped or limited and you will still be liable if you exceed the credit limit we set.

6.3 Charges and use of our Services outside your Contract Allowance: We will apply Charges (being the Charges for our Services that you use) to your account. You will be responsible for paying all Charges on your account whether or not they have been incurred by you personally. Charges for your use of the Services will be set out in our Pay Monthly call charges table that can be found on our website or contact our Team for a copy. All use of our Services that is in excess of or not included within your Contract Allowance will be charged for separately at the applicable rates specified for our customers in our Tariff Table. The most up to date version of our Tariff Table will be on our website or available from our Team on request. We may amend the Charges as set out in clause 5 of this Agreement.

6.4 No refund: If you don’t use all of the credit in any Top-Up or Add-on that you purchase, or such Top-Up or Add-on expires (if applicable) then we will not give you a refund for it. If this Agreement is cancelled (unless you cancel in accordance with clause 5.4) then you will also lose any credit you have on your account and we will not refund it to you.

6.5 Bills: We’ll usually send you a bill every month advising you of the total amount of Charges you owe us. We may change the billing period at any time but we will notify you in advance if we do this. The prices shown on our Tariff Table and marketing materials require you to use eBilling. For paper bills add £1.50 to the monthly price.

6.6 Getting it to you: We will let you know each month as soon as your bill is ready to view, either by text or email. You can see your bill online by registering with us and logging into your account on our website. If you request us to send you a paper bill then you agree that we may make a separate reasonable charge each month for this, details of which are set out in our Tariff Table. We may appoint a third party to provide you with your bill on our behalf. Bills issued by such third party will be binding on you and payment of such invoices in full to the third party will be a valid discharge of your liability to pay such bill under this Agreement.

6.7 Payment in full: You must pay your Charges in full in the amount requested within 14 days of the date of your bill. If the Charges are not paid in full and on time we can stop you using some or all of our Services and may cancel this Agreement. If you think there is mistake in your bill, please tell us as soon as possible so that we can check this.

6.8 Late payment: If you do not pay a bill by the due date, we can charge you interest on what you owe at 4% above the base rate of Barclays Bank plc. We will use the base rate that was in force when the bill was due and we can charge you interest until you pay. We may also charge you for any reasonable administration or collection costs which we incur if you do not pay your bill on time and in full.

6.9 Deposits: We may require you to make a Deposit to be used as security for the Charges. We do not pay you interest on Deposits. A Deposit is likely to be required if you have less than 4 months credit history with us and you wish to activate Roaming on your account, for the reason set out in clause 11.7, or if you do not pay any of your bills in full and on time. Details of any Deposit that may be required are set out in our Tariff Table. We may use the Deposit to pay any Charges that you owe us that you have not paid. If you do not owe us any money we will repay the Deposit to you:

(a) if this Agreement is cancelled in accordance with clause 10.1;

(b) or if you return your SIM under the terms of any customer returns policy that applies to your sale.

6.10 Payment methods: You may choose to pay your Charges in advance but must still maintain an active direct debit for your account. If you do want to pay the Charges in advance then you can purchase and register a Virgin Media Top-Up voucher or we will accept payment by credit card or debit card. However, if we have reasonable cause to believe that your payment will be dishonoured or we cannot validate any payment card details you provide to us, we may refuse your chosen payment method and request another method.

7. Liability

7.1 Exclusions: In terms of this Agreement, we exclude all liability to you in any way for:
(a) any losses where we are not at fault;
(b) any loss of income, business or profits;
(c) any corruption of data in connection with the use of the Services; or
(d) any losses or damages which were not reasonably foreseeable when we entered into this Agreement.

7.2 Limited liability: We are only liable to you as set out in this Agreement. We will pay for any damage or losses if we are liable to you for something we or anyone working for us does or does not do. However, our obligation to pay damages or losses is limited to £3,000 for one incident or £6,000 in total for any number of incidents within any 12 month period. Nothing in this Agreement removes or limits our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentations we make.

7.3 Third parties: You may be able to use our Services to upload or transmit email or Content over the internet or to access third party websites, Content and other material which is branded or provided by third parties, and to acquire goods or services from third parties. We and our Network supplier merely act as the “pipe” transmitting this Content to or from you and do not have any control or exercise any control over this Content, the third parties, or any goods or services they may provide. We therefore have no responsibility or liability to you for these third party sites, their Content, or for any goods or services you may obtain from them. You are responsible for any Content that you upload or transmit.

7.4 Timeliness: You must tell us about any claims you want to make against us as soon as reasonably possible. This will allow us to look into your claim and any relevant account records we have on our systems before we delete the records in accordance with our legal obligations.

7.5 Things beyond our control: We will not be liable to you if we are unable to provide you with the Services, or perform any of our obligations under this Agreement because of something beyond our control. Such factors may include, but will not be limited to, acts of God, industrial action, war, terrorist act, governmental action, any act or decision made by court of competent jurisdiction, or delay, default or failure by a third party supplier or network operator.

7.6 Continuation: This section 7 will apply even after this Agreement has ended. If you are a consumer, the terms of this Agreement will not affect any rights you have under any statute which cannot be excluded by the terms of this Agreement. For more information on the rights you have under statute contact your Local Authority Trading Standards Department or Citizens Advice Bureau.

8. Suspending or Disconnecting Access to our Services

8.1 Suspension for Network problems: We may suspend your use of the Services or disconnect any SIM from the Network without warning if the Network needs urgent maintenance or upgrading. We will try to make sure this does not happen often.

8.2 Suspension or termination for other reasons: We may also suspend or terminate your use of the Services and disconnect your SIM from the Network without giving you notice if you, or anyone who uses your SIM:
(a) does not keep to the conditions of this Agreement, including the provisions of clause 4.2, or any other agreement with us, for example, any terms and conditions relating to Additional Services or any promotional or special offers;
(b) damages the Network or puts it at risk;
(c) continually harasses, abuses or threatens our staff;
(d) notifies us that your SIM has been lost or stolen;
(e) exceeds any credit limit we may have set for you or does not pay a bill when it is due;
(f) is required to be suspended following an order, instruction or request from any governmental body, any emergency service organisation, or any other person or organisation with the appropriate authority to request such suspension;
(g) has provided us with information that we reasonably believe is false or misleading;
(h) at the end of any Minimum Term chooses not to use our Services within a 90 day period either by making a chargeable call or sending a text message;
(i) suspends or cancels any direct debit for your account or otherwise allows it to become inactive;
(j) engages in fraudulent activity on your account or we reasonably believe you have done so; or
(k) contravenes our Acceptable Use Policies.

Suspension may result in us cancelling this Agreement. If we cancel this Agreement, you may lose your phone number and any Add-on or Top-Up credit on your account (see clause 10.4).

8.3 Reconnection Charges: We may charge you a fee to reconnect you to our Services except where the reconnection is required as a result of Network problems as set out in clause 8.1. Details of any fee are set out in our Tariff Table.

8.4 Messaging Services: We may turn off your Messaging Services if they are inactive for an extended period of time but we will let you know before this happens. If we do turn off your Messaging Service you will lose all of the content in your Messaging Services and we will be unable to forward any unopened or unsent messages to you or anyone else.

8.5 Unlocking your handset: Our handsets are sold to you unlocked. If for any reason you need help unlocking a handset please contact the Team on 0345 6000 789* (789 from your Virgin Mobile handset).

9. Queries, Disputes and Contact Details

9.1 Contact us: If you have a complaint or query about our Services, you can contact us at any time by calling the Team on 0345 6000 789* (789 from your Virgin Mobile handset) in the UK, by writing to us at Virgin Mobile, The Team, PO Box 333 Matrix Court, Swansea, SA7 9ZJ or by emailing us through our website from the “Contact Us” page.. We will try to resolve your query or dispute as quickly as possible.  If you have a complaint about your mobile insurance you should contact the Virgin Media Protect team at Asurion by calling 0345 030 32914* (open 8am-9pm Monday-Friday, 9am-6pm weekends (closed Bank Holidays), emailing virginmedia@asurion.com or writing to: Virgin Media Protect, PO Box 71012, London, W4 9FW.

9.2 Still not happy?: To give you peace of mind we are members of the Communications and Internet Services Adjudication Scheme (CISAS). This is an independent body set up to help resolve any problems with the Services we provide and the service you receive. For more information on how to refer a dispute or complaint to CISAS see www.cisas.org.uk.  We may replace this with another dispute resolution service at our discretion.

10. When our Agreement ends

10.1 Your right to cancel: You may cancel this Agreement:

(a) by notifying us within 14 days from the date your contract started that you want to end this Agreement without giving any reason;

(b) at any time after that for any reason by giving not less than 30 days notice to the Team on 789 from your Virgin Mobile handset or by calling 0345 6000 789*;

(c) by giving not less than 30 days’ notice if we break this Agreement in any material way and do not put it right within 7 days of you asking us to;
(d) if all of the Services are permanently no longer available to you;
(e) if you do not accept any change that we notify you about in accordance with clause 5.3 and you notify us in accordance with clause 5.4 that you do not accept such change.

10.2 Our right to cancel: We may cancel this Agreement immediately in the following circumstances:
(a) if we have the right to suspend your access to the Services for any of the reasons set out in clause 8.2 and we believe that the grounds are serious and have not been, or are unlikely to be, rectified;
(b) if you break this Agreement in any material way and do not put it right within 7 days of us asking you to;
(c) if you do not pay the Charges in full or on time as set out in clause 6.7 or you become bankrupt or make any arrangement with your creditors;
(d) if the Network owner no longer makes the Network available to us;

(e) if our authority to operate as a public communications provider is suspended for any reason; or

(f) if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.

10.3 We reserve the right to cancel your right to use our Services at our sole discretion by giving not less than 30 days’ notice.

10.4 Effect of cancellation: If this Agreement is cancelled you will need to pay us on cancellation all unpaid Charges on your account. Unless you have cancelled this Agreement under clause 10.1(a), 10.1(c),10.1(d), 10.1(e) or we have cancelled this Agreement under clause 10.2(d), 10.2(e), 10.2(f) or 10.3 then you must also pay on cancellation the monthly (or other periodic) Charges owed for each month of your Contract Allowance through to the end of your Minimum Term Where your Minimum Term is more than one month the Charges will be less any costs we save as a result of your cancellation before the end of the Minimum Term. We will advise you of the Charges ahead of cancellation and you can find details of such Charges on the Virgin Mobile website at virginmedia.com/legalstuff. If this Agreement is cancelled for any reason:(a) your SIM will be disconnected from the Network;(b) you will not be able to use our Services at all;(c) you will lose your phone number (unless you move to another network) and must return your SIM to us; and(d) you will lose any unused Top Up or Add-on credit on your account (except in the circumstances set out in clause 5.4).

11. Your details and how we look after them

11.1 How we use your data: By subscribing to our Services you are giving us your consent in accordance with our Privacy Policy to use your personal information together with other information for the purposes of providing you with our Services, service information and updates, administration, credit scoring, customer services, training, tracking use of our Services (including processing call, usage, billing, viewing and interactive data), profiling your usage and purchasing preferences for so long as you are a customer and for as long as is necessary for these specified purposes after you terminate the Services. We may occasionally use third parties to process your personal information in the ways outlined above. These third parties are permitted to use the data only in accordance with our instructions and the law.

11.2 Marketing consent: We may also use your personal information to contact you with information about special offers and rewards (this may include special offers of other carefully selected companies). We may also disclose your personal information to other Virgin companies so that they can contact you with information about their products and services..

11.3 Insurance: If you have taken mobile insurance you are giving us consent to provide your personal information to the policy administrators, Asurion Europe Limited (“Asurion”) in order to administer your policy, validate claims and for fraud protection purposes. Asurion administers your insurance on behalf of the insurer and policy underwriter, Liberty Mutual Insurance Europe Limited, who is the “Data Controller” as that role is defined in the Data Protection Act 1998 (Information Commissioners Office registration number Z6118163). Once the relevant data has been passed to Asurion by Virgin Media, Asurion will undertake all responsibilities as “Data Processor” (as defined in the Data Protection Act 1998) for the Data Controller in respect of that data. Please refer to your policy documents for full details of how Asurion will use your data.

11.4 How we can contact you: From time to time, and in accordance with our Privacy Policy, we and other Virgin companies may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax.

11.5 Subject access request: You have a right to ask for a copy of the information we have about you (for which we charge a small fee) and we’ll correct any inaccuracies if you ask us to.

11.6 Credit checks: We or the retailer you purchase your SIM from may carry out credit checks where necessary to help us or the retailer confirm your identity and decide whether to accept your application. The credit check will include looking at our own and the retailers information (if you apply through a retailer that is not Virgin Mobile), the details you have given us, and registering and checking your information with credit reference agencies and fraud prevention agencies who will also check the details of anyone you are financially associated with – for example, people you may have a joint bank account with. You agree that we or the retailer may conduct these checks and also register information about you and the conduct of your account with any credit reference agency who will also record our search on their records. For the same reasons we may also perform subsequent credit checks whilst you retain a financial obligation with us. For the purpose of fraud prevention, prevention of money laundering, debt collection, credit management and emergency services purposes, information about you and the conduct of your account may be disclosed to credit reference agencies, debt collection agencies, fraud prevention agencies, security agencies, financial institutions, law enforcement agencies, emergency services organisations or other phone companies for example, when: checking details on applications and credit-related or other facilities; managing credit and credit-related accounts and facilities; recovering debt; checking details of proposals and claims for all types of insurance; checking details of job applications and employees. Please write to Virgin Media’s Group Compliance Officer at Media House, Bartley Wood Business Park, RG27 9UP if you want to receive details of the relevant fraud prevention agencies. You have a legal right to these details.

11.7 Our credit assessment: If our assessment of you does not meet our normal requirements then we may require you to make a Deposit with us or we may refuse to provide you with Services.

11.8 Recording: We may record or monitor any conversations about your account or our Services to assist us to improve the quality of service we provide to you.

12. General

12.1 Change of details: You must call the Team straight away about any change in your address, email address, any direct debit for your account, or any other change to details you have supplied to us.

12.2 Age Restricted Services: If you are under the specified age that may apply to any Age Restricted Services you are not permitted to access such Age Restricted Services. If you are the specified age or over and you access any Age Restricted Services you must not show, or send Content, from the Age Restricted Services to anyone under the age that may be specified on some Content or Services. If you let anyone under the age specified on any Content or Services use your handset you must also ensure that you deactivate access to any Age Restricted Services before doing so. Where you have provided the information to us we may post a flag on your telephone number to inform third party Content providers if you are over 18 years of age.

12.3 Severability: If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is lawful and effective.

12.5 Enforcement: Failure by either you or us to enforce any rights under this Agreement shall not prevent either you or us from taking further action.

12.6 No third party rights: This Agreement does not confer any benefit on any third party under the Contracts (Rights of Third Parties) Act 1999.

12.7. Inconsistency or conflict: Where there is any inconsistency or conflict between the online terms and conditions and any print versions of the same terms and conditions, the online terms and conditions shall prevail. Where there is any inconsistency between the Other Legal Stuff and the terms and conditions, the Other Legal Stuff shall prevail.

12.7 Law: This Agreement is to be interpreted in accordance with the laws of England and each of us agrees to only bring legal actions about this Agreement in a UK court. This Agreement is governed by the law of England and Wales, unless you live in Scotland or Northern Ireland, in which case it will be governed bv Scots or Northern Irish Law respectively. If we have a dispute about this Agreement and you want to take court proceedings, you must do so in the courts of one of the four parts of the United Kingdom (England, Wales, Scotland or Northern Ireland) which part's courts will have exclusive jurisdiction.

*Please note standard charges apply, please check with your network operator for rates.

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Terms and conditions of service: 4G

These terms and conditions also apply to customers who use our 4G Services.

1. To use our 4G Services you will need to have a 4G compatible device, a 4G tariff and a 4G SIM card. If you joined before October 2016 you will not have a 4G tariff. Contact our Care team on 0345 6000 789* (789 from your Virgin Mobile handset) to add 4G to your account. You may also need to install a software update on your phone. We will provide you with instructions on how to do this.

2. You can only use 4G Services when you are in a 4G enabled area and in range of a 4G base station. 4G is only available in parts of the UK. When not in a 4G enabled area, you will receive access to 3G or 2G Services (or no Service in areas without Network coverage).

3. Our 4G Services are available if you are in range of a 4G base station which forms part of the Network that we use. Your coverage will be affected by a range of factors. See clause 4.1 of the Airtime terms and conditions for more details.

4. You should use our coverage checker before signing up to our 4G Services as a guide to the 4G coverage you may receive. This will give you an indication of our possible outdoor coverage but does not guarantee actual coverage.

5. 4G Services may be available when Roaming, or we may introduce and/or withdraw 4G Roaming at any time. If you want to know whether 4G Roaming is available in a specific country you should call our Care team on 0345 6000 789* (789 from your Virgin Mobile handset).

6. Your data allowance will be used for all the different types of mobile data you access. It does not distinguish between 3G or 4G data.

*Please note standard charges apply, please check with your network operator for rates.

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Terms and Conditions for Mobile Broadband

1. Introduction: Virgin Media Broadband is available on a Pay Monthly contract, subject to UK credit check and payment by direct debit. The Terms and Conditions of Service for Pay Monthly Contract apply (“Terms and Conditions of Service”). “Contract Allowance”, “Charges”, “Roaming” and “Minimum Term” have the same definitions as set out in the Terms and Conditions of Service. References in the Terms and Conditions of Service to “handsets” shall also include mobile broadband devices, and references to “airtime”, “calls” and/or “text messages” shall also include data.

2. No roll over: You cannot roll over any unused Contract Allowance remaining at the end of the month to the next month.

3. Data Charges: Once you have used up your Contract Allowance, further data access in that same month will be charged at the standard out of bundle rate. Your Contract Allowance can only be used within the UK. Each instance of data access will be rounded up to the nearest KB. Roaming charges apply to all data access outside the UK at the rates set out in our Tariff Table. We reserve the right to limit excessive Roaming.

4. SMS: Text messages sent using mobile broadband will be charged at the standard rate applicable.

5. Broadband Speed and Access: Broadband speed and access is subject to network coverage and factors outside our control. We cannot guarantee that you will reach the maximum speed advertised. Speed of internet connection assumes the network and components are working at optimum speeds and capacity.

6. Fair Usage: If we think your use is excessive or that you are abusing the service we may ask you to moderate your usage and/or we reserve the right to charge you for the excessive element of your usage at the standard out of bundle data rate.

7. System Requirements: You will need a compatible laptop with a minimum system requirement of Windows 2000, XP, Vista, or Mac OS 10.4 and display resolution of 800x600 or above.

8. At the end of the Minimum Term: We may contact you towards the end of your Minimum Term to let you know that the Minimum Term is due to come to an end. At the expiry of your Minimum Term we will continue to provision you with your Contract Allowance on a monthly (or other periodic) basis and will continue to bill you for the Charges. You will need to contact the Team at least 48 hours before the expiry of your Minimum Term or any subsequent monthly renewal date for your Contract Allowance if you do not want us to continue provisioning you with your Contract Allowance each month. If you do contact us we will not provision you with your Contract Allowance but will continue to provide you with the Services at the rates set out for Pay As You Go customers in our Tariff Table and in accordance with the Terms and Conditions for the Virgin Media Pay As You Go Service until the Agreement is cancelled by either you or us in accordance with those terms.

9. General: Where there is any inconsistency between this legal stuff and the Terms and Conditions of Service, this legal stuff shall prevail.

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Terms and Conditions for Virgin Media Bundles - For Pay As You Go, Pay by Direct Debit and Pay Monthly SIM only customers (excluding Liberty SIM customers)

1. Definitions: A "Bundle" means the texts, minutes, picture messages, airtime or other bundle, which you buy from Virgin Media Telecoms Limited. Pay As You Go, Pay by Direct Debit, SIM, Tariff Table, Team and we our or us have the same definitions as set out in the Virgin Media Pay As You Go and Pay by Direct Debit terms and conditions of service.

2. How Bundles work: We will provision you with a Bundle shortly after your request for a Bundle has been processed, only if you have sufficient credit available on your account. Once your first Bundle has been provisioned we will notify you by text message and will then automatically renew your Bundle on the same date in each subsequent month. A Bundle lasts for one month, even if you use it all sooner.

3. Termination: You may notify us that you want to terminate your monthly Bundle at any time by providing our Team with at least one months notice. If you cancel (or we terminate) your Bundle, we will provision you with your final monthly Bundle within 48 hours of cancellation or termination and when your final Bundle expires we will then continue to provide you with access to our services at the rates for your tariff specified in our Tariff Table. You may also change a Bundle at any time up to 48 hours before it is due to be renewed by contacting our Team.

4. Roll over: Unused elements of your Bundle from the earlier month will not roll over to be available to use in subsequent months.

5. Payment: If you Pay by Direct Debit the price of your Bundle will be added to your monthly bill on the first purchase and each renewal date. You will receive your bill shortly after your Bundle has been set up. If you Pay As You Go the price of your Bundle will be deducted from your airtime balance on the first purchase and each renewal date. If we are unable to invoice you or collect payment for your first Bundle, or any renewed or changed Bundle on your Bundle renewal date, we will make two further attempts to invoice you or collect payment (as applicable) in the following three days. If we are still unable to invoice you or collect payment (as applicable) your Bundle will be cancelled and will not be provisioned.

6. General: You may only have one Bundle per Virgin Media number at any time. A Bundle is non-transferable and cannot be exchanged for cash. Requesting a Bundle means you accept this legal stuff. If you or the mobile number to which a Bundle is applied is suspended or disconnected or if you cancel or we are unable to take payment for a Bundle you will immediately lose the benefit of your Bundle. In such situations no refund of any unused elements of your Bundle, is available but this does not affect your legal rights as a consumer. Buying or using a Bundle does not count towards any upgrade credit you may earn with us. Virgin Media Pay As You Go and Pay by Direct Debit terms and conditions of service also apply. Any voice call, text, picture message or other use of airtime made in excess of those available, or not included in, your Bundle will be charged at the rates specified for your tariff in our Tariff Table.

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Terms and Conditions for Virgin Media Bundles - For Liberty SIM customers and Virgin Media SIM only customers

1. Definitions: A "Bundle" means the texts, minutes, picture messages, airtime or other bundle, which you buy from Virgin Media Telecoms Limited. “Pay As You Go”, “Pay by Direct Debit”, “SIM”, “Tariff Table”, “Team” and “we” “our” or “us” have the same definitions as set out in the Virgin Media Pay As You Go and Pay by Direct Debit terms and conditions of service.

2. How Bundles work: We will provision you with a Bundle shortly after your SIM has been connected to our network or your request to move to a SIM only tariff has been processed (if applicable). Once your first Bundle has been provisioned we will notify you by text message and will then automatically renew your Bundle on the same date in each subsequent month. A Bundle lasts for one month, even if you use it all sooner.

3. Termination: You may notify us that you don't want to receive a Bundle or wish to change a Bundle at any time up to 48 hours before it is due to be renewed by contacting our Team. If you cancel, or we terminate your Bundle, your Bundle will end on your Bundle renewal date and we will then continue to provide you with access to our services at the rates for your tariff specified in our Tariff Table. You may also cancel your first Bundle and get a refund for your first Bundle within 7 working days of first buying it by calling 789, provided you have not used it at all.
(From 1 December 2010 clause 3 is changing to the following): 3. Termination: You may notify us that you want to terminate your monthly Bundle at any time by providing our Team with at least one months notice. If you cancel (or we terminate) your Bundle, we will provision you with your final monthly Bundle within 48 hours of cancellation or termination and when your final Bundle expires we will then continue to provide you with access to our services at the rates for your tariff specified in our Tariff Table. You may also change a Bundle at any time up to 48 hours before it is due to be renewed by contacting our Team.

4. No roll over: Any unused allowance in your Bundle remaining at the end of your month will be lost and will not roll over to the following month.

5. Payment: If you Pay by Direct Debit the price of your Bundle will be added to your monthly bill on the first purchase and each renewal date. You will receive your bill shortly after your Bundle has been set up. If you Pay As You Go the price of your Bundle will be deducted from your airtime balance on the first purchase and each renewal date. If we are unable to invoice you or collect payment for your first Bundle, or any renewed or changed Bundle on your Bundle renewal date, we will make two further attempts to invoice you or collect payment (as applicable) in the following three days. If we are still unable to invoice you or collect payment (as applicable) your Bundle will be cancelled and will not be provisioned.

6. General: You may only have one Bundle per Virgin Media number at any time. A Bundle is non-transferable and cannot be exchanged for cash. Some Bundles are only available to customers who Pay by Direct Debit. Requesting a SIM only tariff means you accept this legal stuff. If you or the mobile number to which a Bundle is applied is suspended or disconnected or if you cancel or we are unable to take payment for a Bundle you will immediately lose the benefit of your Bundle. In such situations no refund of any unused elements of your Bundle is available but this does not affect your legal rights as a consumer. Buying or using a Bundle does not count towards any upgrade credit you may earn with us. Virgin Media Pay As You Go and Pay by Direct Debit terms and conditions of service also apply. Any voice call, text, picture message or other use of airtime made in excess of those available, or not included, in your Bundle will be charged at the rates specified for your tariff in our Tariff Table.

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Terms and Conditions for Daily Bonus

Eligibility: Daily Bonus is only available to Pay As You Go customers who opted-in to this tariff prior to 1 April 2009.

How it works: In any day, after you have made 5 minutes of calls and sent 5 text messages that originate in the UK to either UK landlines (that's numbers beginning 01 or 02) or to Virgin Media and other UK mobile telephone numbers (we refer to all of these as Qualifying Numbers) then the next 5 minutes of calls and the next 5 text messages that you send to Qualifying Numbers that same day will be free. Your 5 minutes of free calls and your 5 free text messages per day are called your Free Allowance. You may earn free calls without the need to send 5 texts in a day and may earn free texts without the need to make 5 minutes of calls in a day. Calls to call forwarding services (that's numbers beginning 07744 and 07755) do not count as Qualifying Numbers and are excluded.

A minimum call charge for any calls made directly before or immediately after your Free Allowance may also apply. Your Free Allowance does not rollover and, if not used, expires at midnight on the day in which it is earned. You can earn a maximum of 5 free minutes of calls and 5 free text messages per day. Any calls that you make or texts that you send outside of your Free Allowance will be charged at the rates indicated for our Daily Bonus tariff on our website or in our catalogue. If you have purchased a Bundle you will only receive your Free Allowance once you have used up the minutes and texts in your Bundle and made 5 minutes of calls or sent 5 texts to Qualifying Numbers in a day.

General: You may cancel Daily Bonus at any time by calling 789 from your Virgin Media phone. If you do cancel you will revert to Virgin Medias standard Pay As You Go plan. Daily Bonus is not available in conjunction with any other reward or promotion unless otherwise specified. Your Free Allowance is non-transferable and cannot be exchanged for cash. By applying for Daily Bonus you accept these terms and conditions. Virgin Media reserves the right to amend or vary these terms and conditions or to withdraw Daily Bonus at any time. Terms and Conditions for the supply of Pay As You Go services and Bundles also apply. These terms and conditions are effective from 28 January 2008.

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Terms and Conditions for Media tariffs

Some tariffs, extras or offers are only available to Virgin Media TV, home phone or home broadband customers. If you are not a Virgin Media TV, home phone or home broadband customer we are afraid you can't get these tariffs, extras or offers and will therefore not be eligible for the extras or offer and will be put on the equivalent standard tariff.

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Roam Like Home - Fair Use Policy

1. Roaming in the EU at domestic rates (Roam Like Home) is only for private, personal and legitimate consumers periodically travelling within the EU. So you must not use our services in any way that is not in-keeping with the kind of use that is reasonably expected of a private individual periodically travelling within the EU. When we say EU we mean the 28 member states of the European Union (excluding the UK), plus The Canary Islands, The French Antilles, French Guiana, Gibraltar, Guadeloupe, Iceland, Liechtenstein, Martinique, Mayotte, Monaco, Norway, Reunion Islands, Saint Barthelemy, San Marino and Vatican City (Italy).

2. To be in line with our Roam Like Home Fair Use Policy your use must meet the following conditions:

2.1.1. In any rolling 4 month period, you must use more data, SMS and calls in the UK than the EU – we call this “prevailing domestic consumption”; or

2.1.2. In any rolling 4 month period, you must spend more days in the UK than the EU – we call this “prevailing domestic presence” (we count each day you connect to our network in the UK as a day in the UK).

3. Other things that indicate your use is outside of our Policy include:

3.1.1. Long inactivity of a SIM card which is most often (if not exclusively) used while roaming; and

3.1.2. Subscription and sequential use of multiple SIM cards while roaming.

We will monitor activity over a four month period to determine whether there has been long inactivity of a SIM card which is most often used while roaming.

4. If your use is outside of our Roam Like Home FUP we may apply a surcharge to the applicable domestic retail price while you are roaming in the EU. We will give you at least 2 weeks’ notice before applying any surcharge, and we will stop applying the surcharge as soon as your usage is in back in line with our Roam Like Home FUP. You can see the surcharge rates in our Tariff Table.

5. Under Roam Like Home Regulations we may apply a monthly data cap. If you use more data than the monthly cap allows we may apply a surcharge to any data above the cap. The data cap and surcharge is set by the Regulations and depends on the price of your airtime plan.

5.1. It’s a simple calculation:

5.1.1. Pay monthly customers: twice your monthly airtime cost (before VAT) divided by the current EU data wholesale capped rate.

5.1.2. Pay As You Go customers: data up to the amount that can be purchased at the current EU data wholesale capped rate with the credit you have on your account at the point of roaming.

5.2. You can see the surcharge rates and the latest EU data wholesale capped rate in our Tariff Table. Alternatively, why not use our calulator, which can be found here.

6. If you have any complaints relating to the application of this Fair Use Policy, please see our complaints Code of Practice which can be found here.

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BlackBerry® Disclaimer

BlackBerry®, RIM®, Research In Motion®, SureType®, SurePress™ and related trademarks, names and logos are the property of Research In Motion Limited and are registered and/or used in the U.S. and countries around the world. Used under license from Research In Motion Limited.

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Terms and Conditions for Virgin Media Bundles (no roll over) £5 data add-on

1. Definitions: A "Bundle" means the texts, minutes, data or other bundle, which you buy from Virgin Media Telecoms Limited. Pay As You Go, Pay by Direct Debit, SIM, Tariff Table, Team and we our or us have the same definitions as set out in the Virgin Media Pay As You Go and Pay by Direct Debit terms and conditions of service.

2. How Bundles work: We will provision you with a Bundle shortly after your request for a Bundle has been processed. Once your first Bundle has been provisioned we will notify you by text message and will then automatically renew your Bundle on the same date in each subsequent month. A Bundle lasts for one month, even if you use it all sooner.

3. Termination: You may notify us that you don't want to receive a Bundle or wish to change a Bundle at any time upon one months notice by contacting our Team. If you cancel, or we terminate your Bundle, your Bundle will end on your Bundle renewal date and we will then continue to provide you with access to our services at the rates for your tariff specified in our Tariff Table. You may also cancel and get a refund for a Bundle within 7 working days of first buying it by calling 789, provided you have not used it at all.

4. No Roll over: Any unused allowance in your Bundle remaining at the end of your month will be lost and will not roll over to the following month.

5. Payment: If you Pay by Direct Debit the price of your Bundle will be added to your monthly bill on the first purchase and each renewal date. You will receive your bill shortly after your Bundle has been set up. If you Pay As You Go the price of your Bundle will be deducted from your airtime balance on the first purchase and each renewal date. If we are unable to invoice you or collect payment for your first Bundle, or any renewed or changed Bundle on your Bundle renewal date, we will make two further attempts to invoice you or collect payment (as applicable) in the following three days. If we are still unable to invoice you or collect payment (as applicable) your Bundle will be cancelled and will not be provisioned.

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Complaints Data

Complaints Publication Report

Firm name: Virgin Media Mobile Finance Limited
Other firms included in this report (if any): None
Period covered in this report: 01 January – 30 June 2017
Brands/trading names covered: Not Applicable

 

Number of complaints opened

Number of complaints closed

Complaints closed within 8 weeks (%)

Closed complaints upheld by firm (%)

Redress

Redress per complaint

Credit Related

7720

7599

N/A

42%

£139,043.40

£18.30

To help you put these figures into context:

The number of credit-related complaints reported is equivalent in volume to 0.93% of the credit-related regulated agreements in place on 31 December 2016.

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Terms and Conditions for Classic Contracts

Quick Summary

The full terms of your agreement with Virgin Mobile are below and it’s important that you read and understand them before you take our services and before you start using our services. Just in case this summary and the full agreement seem to say different things the terms in the full agreement will be the terms that apply to your agreement.

a. Your cooling off rights (clause J.3.5 – J.3.8)

  • You have 14 days from the start of this contract to cancel this agreement immediately and without having to pay an early disconnection fee.
  • After 14 days, if you want to cancel this agreement you will have to give us 30 days’ notice and pay an early disconnection fee. We will tell you how much this will be before you cancel.

b. Your minimum commitment (clause B.2)

  • This agreement will continue for at least the minimum period that we explain to you before you start using our services – this will typically be 24 months.
  • If you cancel this agreement before the minimum period has finished, you will have to pay an early disconnection fee. We will tell you how much this will be before you cancel.
  • After the minimum period has ended, the monthly charges will be reduced and this agreement will continue on a rolling monthly basis unless you cancel the agreement by giving us 30 days’ notice (which you can do before the end of the minimum period).

c. Changes to prices (clauses E.6 and E.3)

  • The price of your plan will increase each July, in line with RPI. We will give you 30 days’ notice of this increase.
  • In addition, we may change or increase our charges under this agreement at any time. We will give you 30 days’ notice of this. If you are unhappy with these changes, in most cases you can cancel this agreement by giving us 30 days’ notice without paying an early disconnection fee.

d. Our network (clause D)

  • In some parts of the country with poor or no network coverage, access to our network may not be available.
  • Access to our network can be affected by weather, as well as your surroundings.
  • If access to our network will be interrupted because we have to do maintenance work, we will publish details of this.

e. Breaking this agreement (clause J)

  • If we break this agreement in any serious way and do not put it right within 7 days of you asking us to, you may cancel this agreement by giving us 30 days’ notice.
  • If you break this agreement in any serious way and do not put it right within 7 days of us asking you to, we may cancel this agreement immediately.

f. Ending this agreement (clause J)

  • Both of us have various rights to bring this agreement to an end. These rights vary depending on when, how or why you want to bring it to an end. You can find more detail in clause J.

g. Your information (clause K)

  • There is a privacy policy on our website which explains how we use your personal information. This may be updated from time to time.
  • We may use your personal information for marketing purposes if you have agreed to this.
  • If you have taken insurance, we will provide your personal information to the company that administers the insurance.

h. Lost or stolen SIM (clause D.4.2)

  • If your SIM is lost or stolen, please tell us within 24 hours to avoid being liable for charges of up to £100.

Terms and Conditions in full:

A. Who we are

1. This agreement is between you and Virgin Mobile Telecoms Limited (part of the Virgin Media group of companies) which is registered in England under company number 3707664. Our registered office is at Media House, Bartley Wood Business Park, Hook, Hampshire RG27 9UP. Our VAT number is 591819014. In this agreement, whenever we say “Virgin Mobile”, “we”, “our” or “us” we mean Virgin Mobile Telecoms Limited. When we say “you” or “your” we mean you, our customer.

2. You will see reference to Asurion Europe Limited, a separate company that we work with that administers the policies for mobile handset insurance for customers who have taken a policy via our website. You are free to use a different insurance provider.

3. The words highlighted in bold in this agreement have special meanings. We’ve listed them all at the back of this agreement. Also, where we say “for example”, “include” or “including” and then give examples, it does not mean that these are the only examples of what we’re referring to.

B. The agreement between you and us

1. When does our agreement start?

1.This is a legally binding agreement which means we are making certain commitments to each other. It starts when we make the services available to you on the terms of this agreement (your contract start date). We will need to confirm that you’re 18 or over and you’ll need to pass a credit check too. We will connect you to the network so that you can start using the services as soon as we can, usually within one day. 

2. If you’re an existing customer and have upgraded with us, your new agreement and new minimum period will start on your new contract start date.

2. How long does it last for?

1. Before we agree to make the services available to you we will explain the minimum period that applies. This information will also be detailed in your account. Your agreement continues for at least the minimum period unless you cancel it in accordance with clause J.1. You should be aware that if you cancel during your minimum period you will have to pay an early disconnection fee, as set out in clause J.3.9.

2. If your minimum period has come to an end and you have not cancelled this agreement then the agreement will continue on these terms on a 30 day rolling contract (which either of us can end for any reason by giving at least 30 days’ notice) and we will continue to provide you with the services as set out in clause C.5, until either you or we choose to end this agreement in any of the ways permitted by clause J.

3. It’s just between us

1. This agreement is personal to you and you may not transfer your account or any of your rights or responsibilities under it without our consent. The terms of this agreement also apply to the use of your SIM for which you are responsible. If you want to transfer your SIM please contact the team first.

2. For business reasons, we may transfer any of our rights and responsibilities without your permission provided that the services you receive or the rights you have under this agreement are not materially affected as a result.

4. What does it cover?

1. This contract covers the provision of your airtime plan and SIM and the provision of services. 

2. This agreement does not cover your mobile handset or any other device you might receive as part of a promotional package. Your mobile handset and any other device belongs to you at the point of delivery, if your application is online or by phone, or when it is provided to you if your application is in store. You will responsible for any loss, theft or damage from this point.

C. Your airtime plan

1. What are you getting?

1.We agree to provide you with an airtime plan. Details of the types of calls, text messages or other services that are included in your airtime plan are explained in the joining pack you receive with your SIM and are also available online via your account. You can also get them from our team on request.

2. Staying Flexible

1. During your minimum period we may allow you to change your airtime plan to a different allowance that we had available at the time you signed up to this agreement. You may do so once per calendar month. The new airtime plan and price will apply from your next monthly bill cycle and for the remainder of your minimum period, unless and until your change it again.

3. Add-ons and Add-on restrictions

1. Add-ons can be purchased through your account, through our team, or through other means that we make available from time to time. The price of any add-ons that you purchase will be itemised and added to your next monthly bill. Add-ons are non-transferable and other restrictions may apply concerning their expiry, validity or use. Aside from your rights to cancel during a cooling off period or if we break the terms of this agreement, the add-ons will also be non-cancellable and non-refundable where you agree that we supply the add-on to you as soon as you have purchased it.

4. Age restricted services

1. Some content or services are age restricted. If you are under the specified age that may apply to any age restricted services you are not permitted to access them. If you are the specified age or over and you access the age restricted services you must not share them with anyone under the specified age. If you let anyone under the specified age use your mobile handset you must deactivate access to any age restricted services before doing so. Where you have provided the information to us we may post a flag on your telephone number to inform third party content providers that you are over 18 years of age.

5. What happens to your agreement at the end of the minimum period?

1. At the end of your minimum period we will reduce the price of your airtime plan by moving you onto the nearest equivalent pay monthly SIM only airtime plan, taking into account any discounts or airtime offers agreed with you when you signed up to this agreement and any price adjustment that has occurred since that time. The new airtime plan will be a 30 day rolling contract (which either of us can end for any reason by giving at least 30 days’ notice) and detailed on your next monthly bill, and you can contact the team with any questions. We will continue to bill you for these charges in the same way until you or we cancel the agreement as permitted under clause J. If you do not wish your contract to change in this way and to cancel the agreement at the end of the minimum period you need to provide us with notice at least 30 days’ notice before the end of your minimum period.

D. Provision of services

1. Access to and availability of the services

1.The services are available for you to access where you are in range of a base station which forms part of the network. The network comprises different types of technology and the availability of the services varies depending on where you are in the country. In areas without network coverage you will not receive any services. You can check the telecommunications regulator Ofcom’s coverage checker for more details on network coverage.

2.We aim to make our services available to you at all times but we cannot guarantee network coverage at all times as quality and availability of the services could be affected by factors outside of our control, such as faults on the network or any other networks operated by third parties which are used to provide the services to you. Environmental factors such as the weather, the type of building you are in or surrounding trees may also affect availability of the services.

3.The network may from time to time need maintenance or other work which may result in interruptions to services. Where possible and where the network provider has informed us, we will detail any such interruptions on our website. You can also get details from our team.

4. Some mobile handsets may not be able to receive our services; this may occur where the above technical factors prevent this or where a mobile handset is locked to a different network.  Our services are available only on mobile handsets which we have approved for use on the network.   For roaming the terms at clause D.8 apply.

2. Internet Access

1. Due to the nature of the internet, we cannot guarantee levels of performance of internet access. Internet access is for private use by you and must not be used for activities not reasonably expected of someone using internet access for personal and domestic use, and acceptable use policies apply.

3.Using the services

1.You agree you will not use the services:

a.for anything illegal, immoral or improper;

b.for commercial or business purposes, or for a purpose in any way related to an arrangement which we suspect is designed to artificially inflate traffic to a number or numbers;

c. for calling ‘cash back’ or ‘cash for calling’ numbers where you are paid in monetary or other terms by the provider for calling a number; and

d. for making abusive, offensive, indecent or nuisance calls, for sending spam or unsolicited emails or text messages, for making or receiving reverse charge calls, or for infringing another person’s rights including their intellectual property rights.

2.You agree you will:

a. pay your bill on time;

b. only use the services with the mobile handset and SIM we have approved for use on the network;

c. give us valid information we reasonably ask for and not give us false information;

d. follow all reasonable instructions we give you and any reasonable guidelines we make available to you, including using the SIM and mobile handset in accordance with their user guides;

e.use our services in accordance with our acceptable use policies; and

f.take care to prevent the loss of or damage to the SIM.

4.Lost or stolen SIM or mobile handset

1. Any SIM we provide to you remains our property and must be returned to us if we ask for it back. You must keep the SIM safe and can only use it to access the services. If the SIM is lost, stolen or damaged call the team immediately for another SIM.

2. If the SIM is lost or stolen and you notify the team within 24 hours so that we can take action to prevent unauthorised use you will only be liable for charges that are not part of your airtime plan relating to any unauthorised use of the SIM (including call charges) up to £100.

3.If you notify the team of a lost or stolen SIM after 24 hours we may hold you liable for all charges (including call charges) that are not part of your airtime plan relating to any unauthorised use of the SIM, up to the time that you notify us, regardless of whether the charges have been incurred by you or someone else. You will continue to be liable for the monthly payment (or other periodic charge) relating to your airtime plan until the end of your minimum period. We may charge you a reasonable replacement charge for the loss of the SIM; you can find details in our tariff table.

4. We connect the mobile handset to the network for your use.  If you cease to use the mobile handset you will still be obliged to make payments due for your airtime plan.  In instances where the mobile handset is lost or stolen either with or separately to the SIM as described above, you must advise the team. We suggest you ensure appropriate insurance cover is in place.

5.No reselling

1. We make the services and SIM available to you for your use only. You may not re-sell or otherwise make our services available to others or commercially exploit our services or any content in any way.

6.Phone numbers

1.We grant you the use of a phone number. Very rarely, Ofcom may order the reallocation or change of mobile phone numbers, in which case we may have to change the phone number we make available to you. If that happens and where possible we will provide you with reasonable notice before making the change.

7. Content

1. We will use reasonable skill and care to maintain any content that is provided by us or third party content suppliers appointed by us.  However as content is obtained from a large range of sources, it can be out of date, incomplete or inaccurate and as such access to it is provided on an ‘as is’ basis: this means that we do not state that such content is of satisfactory quality, accurate, error free, secure, fit for a particular purpose, complete or suitable. You must assess the integrity of the content and third party products and services for yourself as we are not responsible for any reliance you place on the content or any transactions you enter into (save for any negligence on our part). In your use of content you must be wary of content owner’s rights, comply with instructions for use and not infringe content owner’s rights by changing, transferring, re-selling, copying or using the same as part of other work (this doesn’t include printing or copying part for your own personal use). For terms relating to content provided by not by us but by third parties transmitted via the network see clause G.1.4.

8. Roaming

1. Our services may be made available to you in countries outside of the UK if we or the partner who provides us with our network have roaming agreements in place. Please check your roaming settings via your account online and ensure that data is turned on via the mobile handset. If you are roaming in the EU, you also need to comply with our roam like home policy. The costs for outside of allowance for EU use and additional services that allow roaming outside of the EU are set out in our tariff table or are available from our team. Overseas network operators may bill us some time after you use the services – sometimes up to three months later, accordingly there may be a delay in when such charges show up on your bill. Please be aware that when you use your phone outside of the EU charges will apply.

2. If you are using your mobile handset in a location in the EU which is close to the border between the EU and another country, outside of roam like home, your phone may connect to a network in that country and you will be charged roaming rates for that usage. To stop that from happening you should take care to note the network to which your mobile handset is connected before using it. You can also disable roaming on your mobile handset or you can contact the team and we can disable roaming for you.

9. Customer Satisfaction Guarantee and Warranty

1. If you obtained a SIM directly from us (online, in store or by speaking to the team over the phone) then you may benefit from a customer satisfaction guarantee or a warranty. Full details are available on our website at http://store.virginmedia.com/the-legal-stuff/virgin-media-mobile.html or from our team.

2. If you return the SIM for any reason we may still charge for your use of the services at the rates set out in our tariff table.

3. If you obtained a SIM somewhere else, for example from another high street retailer, our customer satisfaction guarantee will not be available to you. You’ll need to go direct to that retailer if you wish to return the SIM or if the SIM develops a fault.

4. In addition to the customer satisfaction guarantee and warranties provided by us, as a consumer you may have what are known as statutory consumer rights and guarantees, that is, rights granted to you by law.  Any commercial guarantees and warranties provided by us or otherwise are in addition to and do not replace or limit these rights.  For further information on these rights please visit the Citizens Advice website, a link to this website is provided at clause G.1.1.c.

10.Additional services

1.Charges for any additional services will be specified in our tariff table and any additional terms and conditions that apply will be made known to you as part of the process for agreeing to the additional services. They will also be available on our website or from our team. We may require you to show a satisfactory credit score or billing history before we provide you with additional services.

11. Other Legal Stuff

1.As well as this agreement, the services have other legal stuff which applies to them and their use, as notified to you in these terms or otherwise, including as published by us on our website. These may be updated from time to time so please check the website regularly and carefully.

E.Changes to this agreement, the charges, or our services

1.General changes:

1.We may at any time (with prior notice where reasonably possible) change this agreement and/or the services:

a.for security, technical or operational reasons;

b.if there is a change or amendment to any law or regulation which applies to us or the services;

c.if the services become uneconomical or technically impractical;

d.if the changes are minor and do not affect you significantly;

e.to reflect improvements; and/or

f. where we reasonably determine that any modification or change in trading, operating or business practices or policies is necessary to maintain or improve the services provided to you.

2.We may change our charges, introduce new charges or change the terms of this agreement at any time.We will give you no less than 30 days’ written notice if we:

a. increase our monthly charges to you under this agreement (except where it relates to a price adjustment as detailed in clause E.6 below); and/or

b.make significant changes to the agreement or other legal stuff which are likely to materially disadvantage you.

3.You may cancel this agreement without having to pay the early disconnection fee during the 30 days’ notice period (detailed in clause E.2) by giving us 30 days’ notice to cancel your agreement and you will not be affected by the notified changes. Your agreement will be cancelled at the end of the 30 days’ notice period you have provided us or before this time if we agree this with you. If you do not provide the cancellation within this specified period you will not be able to cancel the agreement under this clause E.3 and the increase in monthly charges and/or material changes to this agreement will apply.

4.You may not cancel this agreement under clause E.3 if:

a.we implement a change that has been imposed on us by a regulator with appropriate authority, for example Ofcom or as a direct result of new law or government regulation;

b. it relates only to an additional service (unless we specifically notify you of a right to cancel in which case you may cancel by providing us at least 10 days’ notice); or

c.it relates to a price adjustment as detailed in clause E.6 below.

5.If your account is in credit from an add-on we will refund you the amount of credit you have paid for and not yet used (excluding any initial airtime or other credit we may have credited to you).

6.The charge for your airtime plan will increase with your July bill each year.Any increase will be in line with the retail price index (RPI) rate of inflation at the time, and we’ll always give you at least 30 days’ notice of the exact increase each year.We use the RPI rate announced in April to adjust your bill.

F.Charges, payments and credit limits

1.Pay by Direct Debit

1.You must pay your bill by direct debit from a suitable bank allowing such payments and you must maintain an active direct debit during your minimum period and at any time we are providing you with pay monthly services.

2.Credit Limits

1.We may set a monthly credit limit on your account that will be an amount we reasonably consider appropriate. If we do, we’ll let you know what the limit is. If you exceed the monthly credit limit we may suspend access to the services. You should not use the credit limit as a budgeting tool as the amount you owe is not capped or limited and you will still be liable to pay the charges if you exceed the monthly credit limit we have set.

3.Charges, bills, paying on time and use of the services outside of your airtime plan

1.We will apply the charges to your account.  You will be responsible for paying the all charges on your account whether or not they have been incurred by you personally (except when clause D.4.2 applies). Charges will be set out in the tariff table on our website. You can also get a copy from our team. All use of the services that is in excess of or not included within your airtime plan will be charged to your account separately at the applicable rates specified in our tariff table.

2.We’ll send you a bill every month advising you of the total amount of charges you owe us. We may change the billing period at any time but we will notify you in advance if that happens. Our pricing, as set out in our tariff table and elsewhere, assumes e-billing. If you request a paper bill then you agree to pay a reasonable separate charge each month for this. The current monthly charge is detailed in our tariff table.

3.Each month, for customers using e-billing, we’ll let you know as soon as your bill is ready to view. You can see your bill by logging in to your account on our website. We may appoint a third party to provide you with your bill on our behalf. Bills issued by such third party and payment to that third party will be a valid discharge of your payment obligations under this agreement.

4.You must pay your charges in full in the amount requested within 14 days of the date of your bill. If the charges are not paid in full and on time we may stop you using some or all of our services and may also terminate this agreement under clause J.2.1.d. If you think there is a mistake on your bill please tell us straight away.

5.If you do not pay a bill on time we can charge you interest on what you owe at 4% above the base rate of Barclays Bank plc. We will use the base rate that was in force when the bill was due and we can charge you interest until you pay. We may also charge you any administration or collection costs which we reasonably incur as a result of you not paying your bill on time and in full.

6.We may require you to make a deposit to be used as security for the charges. We do not pay interest on deposits. A deposit is likely to be required if you have less than four months’ credit history with us and wish to activate roaming outside of the EU on your account, for the reason set out in clause L.2.1 or if you do not pay your bill on time. Deposit details are included in our tariff table. We may use the deposit to pay any charges that you owe us that you have not paid. If you do not owe us any money we will repay the deposit to you in full, or if you owe us less than the deposit we will repay the balance once we’ve paid any charges you owe us if:

a.This agreement is cancelled in accordance with clause J.1; or

b.You return the SIM under the terms of any customer satisfaction or returns policy that applies to your purchase.

7.You may also choose to pay the charges in advance but must still maintain an active direct debit for your account. To pay the charges in advance, either purchase and register a Virgin Media top-up voucher or pay by credit/debit card. If we have reasonable cause to believe that your card payment will be dishonoured or if we cannot validate any card details provided to us we may refuse your chosen method and request an alternative.

G. Liability

1.Our Liability to you

1.Nothing in this agreement removes or limits our liability to you for:

a. death or personal injury caused by our negligence,

b.fraud; and/or

c.any of the legal rights and remedies available to you in relation to the services or this agreement as a consumer. None of these rights and remedies are affected by this agreement. For more information please visit Citizens Advice at www.citizensadvice.org.uk or call 03454 040506*.

2.Apart from as set out above at clause G.1, we shall not be liable to you for:

a. business loss such as loss of income, profits, wasted expenses, revenue, anticipated savings or loss of opportunity;

b. any corruption, deletion or loss of data in connection with the use of the services; or

c. any indirect loss or damages which were not reasonably foreseeable as a consequence of our breach at the time this agreement was made (including loss of income, profits, wasted expenses, revenue, anticipated savings or loss of opportunity.

3.Apart from as set out above at clause G.1.1 and G.1.2 our liability to you will be limited to £3,000 for one incident, or £6,000 in total for all incidents that occur in any 12 month period under this agreement.

4.You may be able to use our services to upload or transmit email or content over the internet or to access third party websites, content and other material which is provided by third parties, and to acquire goods or services from third parties. The network is essentially the ‘pipe’ transmitting this content to or from you without any control over this content (including, goods or services the third party content providers may supply or provide to you). We therefore cannot be responsible or held liable for third party sites, their content, or for any goods or services you may obtain from them. Please remember you are responsible for any content that you upload or transmit.

2.Claims

1.We encourage you to tell us about any claims for loss that you want to make against us as soon as reasonably possible. This will allow us to look into your claim and any relevant account records we have on our system before we delete the records in accordance with our legal obligations.

3.Things beyond our control

1.We will not be liable to you if we are unable to provide you with services, or perform any of our obligations under this agreement because of something beyond our control. Such factors may include acts of God, industrial action, any act or decision made by a court of competent jurisdiction, or delay, default or failure by a third party supplier or network operator.

4.As a consumer you also have other legal rights and remedies that apply in addition to any provided to you under this agreement or common law. Some of the key rights you have as a consumer are contained in the Consumer Rights Act 2015, which provides legal remedies to you where we have, for example, not exercised reasonable care and skill in providing the services to you, or where goods or digital content we provide to you are faulty or not as described. These remedies may include the right to ask us to fix the problem or to a price reduction. Consumer law also gives you rights if we provide you with misleading information that leads you to enter into an agreement with us. For information on your legal rights and remedies available to you as a consumer, please visit the Citizens Advice website at www.citizensadvice.org.uk .

5. Continuation

1.This clause G will apply even after this agreement has ended.

H.Suspending, terminating or disconnecting access to our services

1.Network Problems

1.We may suspend your use of the services or disconnect any SIM from the network without warning if the network needs urgent maintenance or upgrading. We will try to make sure this does not happen often and will provide notice where reasonably possible.

2.Other reasons

1.We may suspend your use of the services (except for calls to emergency services) without giving you notice if use of the service is required to be suspended following an order, instruction or request from any government body, a court of competent authority, any emergency service organisation, or any other person or organisation with the appropriate authority to request such suspension.

2.We may suspend your use of the services (except for calls to emergency services) without giving you notice if you (or anyone who uses the SIM):

a.do not keep to the terms of this agreement and we reasonably believe it to be a serious issue;

b.damage the network or put the network at risk;

c.harass, abuse or threaten our staff;

d. notify us that the SIM is lost or stolen;

e.exceed any credit limit we may have set for you or do not pay a bill when it is due or where there is unusual use on the account (for your security);

f.have provided us with material information that we reasonably believe is false or misleading;

g.suspend or cancel any direct debit for your account or otherwise allow it to become inactive unless alternative payment provisions have been agreed between us;

h.engage in fraudulent activity on your account or we reasonably believe you have done so;

i.contravene our acceptable use policy and we reasonably consider it to be a serious issue;

3.In rare circumstances and while we would seek to avoid it, suspension under clauses H.1 and H.2 may result in us subsequently cancelling this agreement and disconnecting you from the network without notice under clause J.2.1. The effects of this are set out at clause J.3.

3.Reconnection charges

1.We may charge you a fee to reconnect you to our services except where this is required as a result of network problems as set out in clause H.1 or due to our fault. Details of any fee are included in our tariff table.

4.Messaging services

1.We may turn off your messaging services if they are inactive for an extended period of time but we will let you know before this happens. If we do turn off your messaging services you will lose all of the content in your messaging services and we will be unable to forward any unopened or unsent messages to you or anyone else.

I. Queries, questions and contact details

1.Contact details

1. If you have a complaint or question about our services you can contact us at any time by calling the team on 0345 6000 789* (or 789 from your Virgin Mobile). You can also write to us at The Team, PO Box 333 Matrix Court, Swansea SA7 9ZJ or you can email us via the “contact us” page on our website. We will try to resolve your complaint or questions as quickly as possible. A guide to our Consumer Complaint Resolution Code of Practice can be found at:

http://store.virginmedia.com/content/dam/eSales/Downloads/Consumer%20Complaint%20Code%20of%20Practice.pdf.

2.If you have a complaint or question about your mobile insurance you could contact the Virgin Media Protect team at Asurion on 0345 030 32914*. You can email virginmedia@asurion.com or write to Virgin Media Protect, PO Box 71012, London W4 9FW.

2.Further help

1.We are members of the Communication and Internet Services Adjudication Scheme (CISAS). This is an independent body set up to help resolve any problems with the services we provide. For more information on how to refer a complaint to CISAS see www.cisas.org.uk. We may replace this with another dispute resolution service at our discretion.

2.You may also be able to refer a dispute to the European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/odr. The ODR is a web-based platform designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use.

J.When our agreement ends

1.Your right to cancel:

1.You may cancel this agreement:

a.by law, within 14 days from your contract start date without giving any reason (the cooling off period);

b.at any time after that cooling off period, for any reason, by giving at least 30 days’  notice to the team;

c. by giving at least 30 days’ notice if we break this agreement in any material way and do not put it right within 7 days of you asking us to;

d.if all of the services are permanently no longer available to you;

e.if you do not accept any change that we notify you about in accordance with clause E.2 and you notify us in accordance with clause E.3 that you wish to cancel this agreement;

f. at any time by giving us not less than 30 days’ notice – but if this is during the minimum period you will have to pay the early disconnection fee. If you want to cancel the agreement so that it ends at the end of the minimum period, you can give us notice 30 days’ notice before the end of the minimum period.

2.Our right to cancel

1.We may cancel this agreement immediately in the following circumstances (we will try to provide you with such notice as is feasible in this case):

a.if we have already suspended access to the services for any of the reasons set out in clause H.2 and we reasonably believe that the grounds are serious and have not been, or unlikely to be, rectified (but not if we have suspended access to the services for the reason in H.2.1.a or H.2.1.d);

b.if we have not already suspended access to the services, for any of the reasons set out in clause H.2 (except for the reason set out in clause H.2.1.a) if we reasonably believe that the circumstances are serious enough and have not been, or are unlikely to be, rectified which may include fraudulent use, the sharing or accessing of illegal or abusive content or the harassment of our staff;

c.if you do not keep to the terms of this agreement and we reasonably believe it to be a serious issue and do not put it right within 7 days of us asking you to;

d.if you do not pay the charges in full or on time as set out in clause F.3.4 or you become bankrupt or make any arrangement with your creditors;

e.if the network  is no longer  available to us or if we cease operating as a business;

f.if our authority to operate as a public communications provider is suspended for any reason;

g.if in our reasonable opinion it is necessary to do so for security, technical or operational reasons; or

h.at the end of your minimum period we may cancel your agreement at any time by giving you not less than 30 days’ notice.

3. Effect of this agreement ending

1. If this agreement ends, we’ll close your account and disconnect you from the services.  From this point you won’t be able to use the services or make emergency calls on the network.

2.Your use of the phone number will also end once your account is closed (unless you’re moving to another provider in which case you will need to contact the team) and you will lose any top-up or add-on credit (except in the circumstances set out in clause E.5. 

3.You may be requested to return the SIM.

4.If this agreement is ended for any reason, or if any of the services are cancelled, we will be entitled to keep any money held (including deposits and advance payments) and to use that money to pay any obligation or debt you may owe under this agreement. We'll get in touch with you to refund to you any money remaining after these deductions, unless our costs to administer that refund outweigh the actual account balance.

Ending this agreement during the cooling off period:

5. If you choose to use your right to cancel the agreement during the cooling off period, we will refund payments you have made to us prior to cancellation, such as upfront card payments or one time charges and where possible these will be refunded automatically to the card used or where appropriate, applied to your account. This will take place once you have returned any equipment (including the SIM) obtained from us when we accepted your application for the services (the equipment) as set out at clause J.3.7 below.

6.You will still be liable for any out of allowance charges or delayed roaming charges and a proportionate amount of the charges for services under J.3.8 below any such charges will appear on a further bill.

7.If you end this agreement during the cooling off period you must return any equipment to us. You must keep the equipment safe and return it to us in its original packaging. If obtained online or over the phone please follow the instructions provided to on the website or as instructed when you contacted us.  If you obtained the equipment in store please return it to the store and our team will assist you. We must receive the equipment within 14 days. If we do not receive the equipment as instructed, we may need to charge you for our loss and for the cost of recovering or trying to recover this from you. 

8.For any services used in this time you’ll need to pay us on cancellation an amount proportionate to any services provided to you up to the cancellation date and this amount will be detailed on your next bill.

Cancelling this agreement after the cooling off period but before the minimum period expires:

9. If you have cancelled this agreement under clause J.1.1.b that is, after your cooling off period, for no reason, and before your minimum period expires; or if we have cancelled this agreement before the minimum period expires under our right to cancel where there are serious grounds and we don't think the situation is going to be rectified (including where you have failed to keep up your monthly payments) (clauses J.2.1.a to J.2.1.c), then we will charge you an early disconnection fee which is by way of compensation to us for ending this agreement early.

10.The early disconnection fee will be calculated at the date of cancellation and will take into account how much of the minimum period is left, less any costs we save as a result of the early disconnection. We will advise you of the charge ahead of cancellation and you can find details of the early disconnection fee on the Virgin Mobile website.

K.Your details and how we use and look after them

1.How we use your data

Please take time to read our privacy policy and our cookies notice which set out and apply to the use of your personal and other information by us and our group companies and your rights in respect of such use, but which are not part of this agreement. We may need to change our privacy policy and cookies policy from time to time. Our latest policies will always be posted on our website at http://store.virginmedia.com/the-legal-stuff/security-privacy-virgin-mobile.html.

2.Recording

1.We may record or monitor and conversations about your account or our services to assist us to improve the quality of service or airtime plans we provide to you.

3.Marketing consent

1.Where you have agreed to this, we may also use your personal information to contact you with information about special offers and rewards (this may include special offers of other carefully selected companies) and also disclose your personal information to other group companies so that they can contact you with information about their products and services. Further details are provided in our privacy policy as detailed at clause K.1.1 above.

4. Insurance

1.If you have taken mobile insurance via the Virgin Mobile website we will provide your personal information to the policy administrators, Asurion Europe Limited (Asurion) in order to administer your policy, validate claims and for fraud protection purposes. Asurion administers your insurance on behalf of the insurer and the policy underwriter, Liberty Mutual Insurance Europe Limited who is the data controller for the purposes of data protection laws (Information Commissioners Office registration number Z6118163). Once the relevant data has been passed to Asurion, Asurion will undertake all responsibilities as data processor (for the purposes of data protection laws) for Liberty Mutual Insurance Europe Limited in respect of that data. Please refer to your policy documents for full details of how Asurion will use your data.

L.Credit checks

1.How and why?

1.Prior to entering into an agreement for our services we may carry out credit checks where necessary to help us both confirm your identity and decide whether to accept your application. The credit check may include looking at our own and the retailer’s information (if you apply through a third party retailer), the details you have given us, and registering and checking your information with credit reference agencies that will also check the details of anyone you are financially associated with – for example, people you may have a joint bank account with. You agree that we may conduct these checks and also register information about you and the conduct of your account with any credit reference agency who will also record our search on their records. For the same reasons, we may also perform subsequent credit checks whilst you maintain a financial obligation with us.

2.For the purpose of fraud prevention, prevention of money laundering, debt collection, credit management and emergency services purposes, information about you and the conduct of your account may be disclosed to credit reference agencies, debt collection agencies, fraud prevention agencies, security agencies, financial institutions, law enforcement agencies, emergency services or other phone companies, for example, when checking details on applications and credit-related or other facilities, managing credit and credit-related accounts and facilities, recovering debt, checking details of proposals and claims for all types of insurance, checking details of job applications and employees. For details of the relevant fraud prevention agencies please write to our Compliance Officer at Media House, Bartley Wood Business Park, RG27 9UP. You have a legal right to these details.

2.Our assessment

1.If our assessment of your credit check result does not meet our normal requirements then we may require you to make a deposit with us, or we may decline to provide you with services and particular airtime plan.

M.General

1.Notices

1.If we need to send you any notices under this agreement we will communicate via phone, text message, email or by post using the most recent contact details you have given us.  The notice will be considered to have been received by you at the time of the call, transmission of the message or email.

2. If you change your address, email address, direct debit or make any other changes to your details call the team straight away.

2.Severability

1. If a term of this agreement is determined by a court not to be legally enforceable the remainder of this agreement shall still continue to be effective. We can also replace any term that is not legally effective with a term of similar meaning that is lawful and effective.

3.Enforcement

1.Failure by either you or us to enforce any rights under this agreement shall not prevent either you or us from taking further action.

4. Just us, no third party rights

1.This agreement is just between you and us. A third party has no rights or benefits in or shall be able to take any action against you or us in connection with it.

5. Inconsistency or conflict

1.Where there is any inconsistency or conflict between the online version of this agreement and any print version of it, the online version shall apply and override the print version. Where there is inconsistency or conflict between the other legal stuff and this agreement the other legal stuff shall apply and override in relation to the subject matter of the other legal stuff.

6.The law

1.This agreement is governed by the law of England and Wales, unless you live in Scotland or Northern Ireland, in which case it will be governed by Scots or Northern Irish law respectively. If you or we have a dispute about this agreement and want to take court proceedings, you or we must do so in the relevant court of one of the four parts of the United Kingdom (England, Wales, Scotland or Northern Ireland) which part’s courts will have exclusive jurisdiction.

*Please note standard call charges apply, please check with your network operator for rates.

Glossary:

acceptable use policies means our acceptable use and fair use policies in force from time to time, which can be seen at http://store.virginmedia.com/the-legal-stuff/acceptable-use-policy.html.

add-on means a product (for example a data add-on) that allows you to obtain access to our services when you are outside your airtime plan, for example, by purchasing a specific time limited allowance of the service. The use of adds-ons will be covered by this agreement and any other terms that we make available to you at that time.

additional services means optional services (for example roaming outside of the EU, access to services charged at premium rates, content or applications) which are likely to be supplied outside of your airtime plan and are chargeable at the rates set out in our tariff table.

age restricted services means any of the content or services that are specified for use by customers of a specified age (usually 18) or over.

agreement means these terms and conditions which cover the SIM card and the services, the other legal stuff and the charges and other details in our tariff table that apply to your account.

airtime plan means the agreed allowance of minutes, texts and data that we provide to you for an agreed monthly or other periodic payment – also referred to as a "tariff" . For example a £5 a month 30-day SIM tariff might have an allowance of 250 minutes, unlimited text messages and 500MB of data a month.

artificially inflate 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 our network or services in accordance with our acceptable use policy.

cooling off period means the 14 day period from your contract start date in which you are legally entitled (with no requirement to give us a reason) to cancel your agreement with us.

charges means charges for access to and use of the services as set out in the tariff table and any relevant marketing material or other materials setting out the details of your airtime plan or other extras such as add-ons. Charges may cover (without limitation) include call and usage charges, fixed periodic charges (if applicable), all reasonable administration charges, and any costs incurred in collecting outstanding payments from you.

content means information, images and sounds, communications, software or any other material contained or made available through the services.

deposit means a refundable amount that we may ask you to pay to us before we provide you with access to the services or any additional services.

early disconnection fee means the charge described in clause J.3.9.

mobile handset means your handset, manufacturer’s charger and any ancillary equipment such as headphones supplied with the handset obtained from us when you signed up to receive the services.

messaging services means any email, voicemail, text (SMS) and multi-media messaging services (MMS), personal information management and other message or communication facilities which let you communicate with others and also includes the voicemail storage and retrieval service and/or any other type of message storage and retrieval service that we may offer from time to time.

minimum period means the minimum fixed period for the supply of your airtime plan, SIM and services starting from the contract start date.  Unless we agree otherwise the minimum period will be 24 months from the contract start date.

network means the mobile telephone system that provides our services.

other legal stuff means the additional terms and conditions which apply to our services, including our acceptable use policies and roam like home and any applicable promotional offers relating to our services, as published by us on our website as updated by us from time to time.

price adjustment means an increase charges in line with the current retail price index rate of inflation as described at clause E.6.

pay monthly SIM only means an agreement for the service, airtime plan and SIM only on a pay monthly basis.

roaming is an additional service that allows you to access the services on a network belonging to another operator outside of the UK.

roam like home means our acceptable use policy for roaming.

services means the mobile telephone services offered by us including but not limited to, call services, internet access, messaging services, age restricted services and additional services where appropriate, which we have agreed to provide to you.

SIM means a card which contains your Virgin Mobile phone number and enables you to access our services.

tariff table means our current list of charges and prices which is updated from time to time and available on our website at https://my.virginmedia.com/discover/mobile/your-mobile/your-tariff/tariffs/, in our latest catalogue, or from our team upon request.

team means the Virgin Mobile customer service team. Our contact details are 03456000789* or 789 from your Virgin Mobile.

top-up means a voucher, receipt or other pre-payment mechanism that allows you to add credit to your account by one of the means we offer so that you can access our services.

your account means your customer account available to you at: https://mobile.virginmedia.com/ecare/login


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