Economy Mobile Terms & Conditions – Pay as You Go

PART 1 – GENERAL

  1. The terms that we use in your agreement with us

1.1) In these Terms and Conditions of Use, we refer to Economy Mobile Ltd as “us”, “we” or “our” and we refer to Economy Mobile Phone Service Subscribers as “you” and “your”.

1.2) When we refer to our “Service” or “Services”, this represents the Pay As You Go Mobile Phone Services that you have asked us to provide to you as part of the Terms and Conditions of Use.

 

  1. About your agreement with us

2.1) Your agreement includes the following documents:

(a) these Terms & Condition of Use, referred to as (“Terms and Conditions”);

(b) the online form completed by you (“SIM Web Order Form”);

(c) the wording and instructions on SIM packaging which includes the operating manual ("Quickstart Guide");

(d) the latest list of our charges (as defined below) for the Service (“Price Plan”);

(e) our latest policy setting out how we collect and use your personal information (“Privacy Policy”);

(f) the fair use guidelines and standard of conduct we have set for the use of the Services (“Fair Use Policy”).

2.2) You can find our Price Plan, Privacy Policy and Fair Use Policy on our website at economymobile.co.uk (“Website”) or you can obtain copies by contacting our customer services helpline on 03331039063.

2.3) This agreement covers the SIM card and any minutes, texts, data or other services we provide to you. This agreement does not cover any mobile equipment (e.g. mobile phone, laptop or any other equipment) that you use to access our Services. You will be responsible for the mobile equipment that you use, including confirming that the mobile equipment that you use is able to be used in connection with our Services. If you lose your mobile equipment or if it gets stolen, we will not be responsible for any top up credit that is logged on the lost or stolen mobile equipment or for any other call or usage charges that are made up. You must tell us as soon as your mobile equipment has been lost or stolen so that we can deactivate the SIM card and stop further calls being made.

2.4) Each purchase of top-ups by you for the use of the Services is confirmation by you of your agreement to the terms and conditions as amended from time to time.

 

  1. About the Services we give to you and when they start

3.1) This agreement will start from the date the Order Form is completed. The Order Form is completed at the point at which you place an order.

3.2) We will send you a SIM card in the post once this agreement starts. You will not be able to use your mobile equipment for our Services until the SIM card has been activated in accordance with the instructions that we provide on our website and/or in the Quick Start guide that will be sent with your SIM card.

3.3) Your SIM Only Pack will be supplied to you pre-activated on the Network and will be activated the first time you use your Mobile/SIM card for a chargeable event i.e. a call, SMS or a data session and such use will be charged in accordance with the Price Plan.

3.4) The SIM card belongs to us and we are licensing it to you only for the time that this agreement is in place. If you need a replacement SIM card, we can charge you for this if we feel that you have already had the SIM replaced on more than one occasion.

3.5) We will aim to provide you with the Services at all times using the same skill and care as other telecommunications service providers and meeting service levels where we are reasonably able to.

3.6) We will do everything we reasonably can to provide the Service to you without any interruptions. However, because of the way in which mobiles and networks work and because we use the networks of another service provider as our Network Partner to provide you with these Services, we cannot promise to provide a fault-free service as there may be some scheduled or unscheduled service disruptions to our Network Partner’s infrastructure from time-to-time for the purposes of maintenance or otherwise and we will aim to take reasonable steps in order to make our Customers aware of such disruptions. If there is a fault or disruption in the Services, we will try to restore them as soon as possible and limit any disruption to you, but we are not responsible for delays in restoring the Services which are beyond our reasonable control as described in section 7 (What rights and remedies you will have against us).

3.7) We will take reasonable steps to enable you to get access to international networks when you are abroad. This is known as "roaming". It is intimated in advance that overseas networks may also be limited in quality and coverage. If you go abroad it is your responsibility to ensure that you are properly set up to be able to use the Services. The Charges for using the Services when you are abroad may vary depending on the network in other countries. You will be responsible for these Charges. We cannot guarantee the quality or coverage that you will receive when abroad. You may not be able to receive the Services if you go abroad. Access to overseas networks is dependent upon the arrangements between our Network Partner and their foreign operators.

3.8) You as the Subscriber, need to be aware of the following facts:

3.8.1) We may occasionally need to change or update the Services;

3.8.2) We cannot guarantee the exact date or time on which the Services will start or the SIM will be activated;

3.8.3) If you do not use the Services for a certain period of time, we have a right to suspend and deactivate the SIM card and number allocated to you (see section 6 (Our rights to suspend or cancel the Services));

3.8.4) If we suspect that you are using the Services or the mobile equipment in an improper or fraudulent manner we have the right to suspend and/or stop providing you with the Services immediately, and without prior notice

3.8.5) We reserve the right to refuse to provide any part of the Services to you at our discretion. If you feel that your Mobile should not be barred or be de-barred, please contact our Customer Services Team on 03331039063.

3.8.6) When you use your mobile equipment, your number may be shown to the mobile equipment being contacted. Your number will always be shown if you contact 999 or 112.

3.8.7) We will try to ensure the security of your communications. However, your communications may be unlawfully intercepted or accessed by people you have not authorised. Digital network communications are encrypted so they are safer but even these cannot be guaranteed.

3.8.8) In receiving the Services, you must not (nor allow others to) use your Mobile/SIM card for any immoral, obscene, defamatory, offensive or otherwise unlawful purpose that is likely to cause offence, disturbance or emotional harm.

3.8.9) You can use the Services to connect to web sites, resources and/or networks worldwide. However, we accept no responsibility for the content, accuracy, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such web sites, resources and/or networks. Also, we accept no responsibility for any offensive material accessed by you (or by any other person using your phone) which may result in legal action being taken against you.

 

 

  1. What you promise us

4.1) You as the subscriber, must promise:

4.1.1) us that all information you supply to us is and will be correct and not misleading;

4.1.2) to pay us the charges for the Services (“Charges”) on time, in the way we have agreed with you in section 5 (Charges, Payment and Top up);

4.1.3)you will comply with our Fair Use Policy;

4.1.4)that you will not use the Services or mobile equipment (or allow the Services or mobile equipment to be used by others):

4.1.4.1) in any way which breaks the law;

4.1.4.2) In any way which breaks any regulatory requirements;

4.1.4.3) to make any call and/or send, knowingly receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights, or which does not comply with our Fair Use Policy;

4.1.4.4) in any way which causes or is likely to cause harm or distress to anyone, including breaching the legal rights of anyone else (such as copyright);

4.1.4.5) in any way that is fraudulent or could lead to fraud;

4.1.4.6) in any way that affects, or causes harm or damage to, our network or business, or the network, operations or business of any of our service providers; and/or

4.1.4.7) in any way that does not comply with any of our instructions (or the instructions of our Network Partner or Supplier).

4.2) You agree that you, not us, are responsible for any content or services that you access via your mobile equipment. You shall not resell the Services to anyone else

4.3) You agree that we may use other suppliers to provide all or any part of the Services and that we may share your personal information with them for that purpose. You can find further information about how your personal information is collected and used in section 10 (Your personal data) and in our Privacy Policy.

  1. Charges, Payment and Top up

5.1) You pay for the Services in advance by topping up your account with us. You can top up your account online through our website (tbc) or by going into any Paypoint/Payzone retailer and using either cash, credit or debit card (depending on the payment services offered by that retailer) to pre-pay and top up your account. Our minimum top up is £5 (£10 on-line) and you can top up in increments of £5 up to a total value of £200 for one SIM/ mobile number.

5.2) Your pre-payments are not repayable by us nor is interest payable on any credit balance you have with us. Each time the Services are used by you (or someone else using your Mobile), the top-ups you have purchased are reduced, by reference to the relevant charges in the Price Plan. Except in the case of an obvious error, our records are definitive in determining how much your account is topped up and the rate of use of the Services.

5.3) Each time your mobile equipment is used to use our Services (whether used by you or used by someone else) this reduces the top up credit that you have bought. You can access your account balance through the different methods stated on our website to see how much you have remaining in your account balance. We will not be responsible for refunding or crediting any top ups that you make if your mobile equipment is lost or stolen. Please note that you might not be able to monitor your usage if you are not in possession of your SIM card/ mobile.

5.4) You are responsible for the cost of all calls made using your mobile equipment, including any calls made by another person or by a computer. Please insure your Mobile for its full replacement value (including cover against calls made if it is lost or stolen). If your Mobile is stolen, damaged, destroyed or lost, we have no obligation to give you any refund for any Services that you have paid for in advance or for the cost of the Mobile. Please contact the Economy Mobile Helpline on 500 from your Mobile, or 03331039063  from any other UK phone immediately so that we can prevent further calls being made using your mobile number.

5.5) You can find the rates that we use to calculate the credit that you have to use for our Services in our Price Plan. The Price Plan will set out any special offers that we have from time to time. We will charge VAT on the Charges as set out in the Price Plan. If the VAT rate changes then we may change the Price Plan accordingly. VAT is charged at the rate that is applicable on the date on which you use the Services.

5.6) If you owe us any money and you do not pay this to us when we ask you for it we may deduct this from any top up balance on your account or from any debit or credit card you have registered with us. We will tell you before we do this. We may also charge you interest on any unpaid amount at the rate of 2% above the base rate of HSBC Bank or pass on your account to a debt collection agency that may incur additional fees on top of what you already owe us.

5.7) We will send any bills and notices served by post, to the address you have given. You must tell us about any changes to your address. If you want to write or email us, please use the address shown on the correspondence we have sent to you or through our website.

5.8) We may choose to vary any of our prices. Any updated prices we make which are (in our reasonable opinion) likely to be of material detriment to you will be available on our website and on request to Economy Mobile customer services at least 15 days before we make them. You are free to stop using our services if we make changes, but if you carry on using our Services after any change commences you will be deemed to have accepted them.

5.9) For a complete schedule of all our current mobile charges please call the Economy Mobile Helpline or visit the Price Plan pages on www.economymobile.co.uk. All charges include VAT at the prevailing rate. Charges are subject to change from time to time and the latest Price Plan will be published on www.economymobile.co.uk.

 

  1. Our rights to suspend or cancel the Services

6.1)        We may suspend (i.e. place a bar) or cancel (i.e. terminate) the Services (in whole or in part) without prior intimation (although where possible, we will inform you that action may be taken) immediately and/or end this agreement if:

6.1.2) we are not able to provide the Services to you;

6.1.3any agreement between us and any of our suppliers terminates or expires;

6.1.4)we have reason to believe or are aware that you are using the Services or the mobile equipment in a way that is inconsistent with this agreement, particularly section 4 (What you promise us);

6.1.5) we have reason to believe or are aware you are using the Services in a way that affects or is likely to affect our reputation or the reputation of our service providers, in a negative way;

6.1.6) you have not used the Services, or topped up your account, for more than 3 months. We will send you a text before we permanently deactivate your SIM and number allocated to you;

6.1.7) we believe you have given us false information or knowingly or unknowingly misrepresented yourself;

you use or try to use mobile equipment that is not compatible with the Services or if we think you are not complying with any of the rules relating to the Services;

6.1.8) we suspect that you are using the Services or the mobile equipment in an improper way, including if we suspect:

6.1.8.1) that you are or have acted in an unauthorised, unlawful, improper or fraudulent way;

6.1.8.2) that you are using the Services for primarily business purposes (including providing commercial services using our network to any third party without our express prior written consent)

6.1.8.3) for criminal activities (or has been so before, regardless of whether this is with your consent or not);

6.1.9) we believe you are making calls or sending data (or you allow others to do these things) which are a nuisance, abusive, a hoax, menacing or indecent, (including to the Economy colleagues who deal with enquiries concerning the Services) racist, immoral, offensive, obscene, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright), or otherwise objectionable or unlawful;

6.1.10) we are aware or have reason to believe that when you have topped up (or have attempted to top-up) your Mobile via the Economy Mobile Helpline or otherwise electronically, you have paid or are purporting to pay, using a stolen or otherwise barred or false debit or credit card or if the debit or credit card transaction is at some time charged back to us. In such circumstances, we may also:

6.1.10.1) bar the Mobile for outgoing service; and/or

6.1.10.2) bar the Mobile number so that it is no longer available for use for top-ups or other electronic facility. we may remove the bar when we have been paid the amount owing to us in full;

6.1.11) we are told to do so by the government, emergency services or any other lawful authority;

6.1.12) we need to, or any network operator or service provider needs to, carry out repairs, maintenance or introduce new aspects to the Services; and/or

6.1.13) you notify us that your mobile equipment is lost or stolen;

6.1.14) you do anything (or allow anything to be done) which we think may damage or detrimentally affect the operation or security of our Network Partner or the Services or you become bankrupt or make any arrangement with creditors or, if a company, you go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets; or for any other reasons outside of our control.

6.2) We will try to tell you as far in advance as we can if we are going to end the agreement. Unless we suspend the Services (or any part of them) because of something you do (or fail to do), we will try to restore the Service as soon as possible.

6.3) Where the Services are suspended or disconnected because you have chosen not to use the Services for a continuous period of 180 days, we will, on your request, reconnect you to the Services, however any credit or top-ups held on your account at the time of suspension or disconnection will not be re-credited to your new service. We cannot guarantee under any circumstances that you shall be able to continue to use your original number and as such will send you out a new Economy Mobile SIM Card that will contain a new number.

6.4) Where we have disconnected the Mobile for cause as set out in 6.3 above, reconnection will be at our discretion and top-ups will not be refunded to disconnected accounts.

6.5) If you no longer wish to receive the Services and want to join another network while keeping your Economy Mobile number, you must inform us so that we can request from our Network Partner, your Port Authorisation Code (PAC). We may charge your new network provider with the reasonable cost of porting your number to the new network provider. Please note that all top-ups are non-refundable, and that any unused credits will not be repaid to you if you decide to stop using the Services.

6.6) You will remain liable for any other services including those provided by third parties you have taken up to the moment we cancel your Services. You agree to pay us promptly on termination of the Services, any money outstanding at the date of termination and we reserve the right to recover any money due to us as set out in clause 6.5 above.

 

  1. What rights and remedies will you have against us?

7.1) We will not be liable to you for any loss or damage that could not have been reasonably expected by you and us at the time of entering into this agreement, any financial loss (including any loss of income, business, opportunity or profits), any information which is lost or corrupted, or any damage or loss suffered or incurred by you as a result of:

7.1.1) any use of the Services in a way that is contrary to this agreement;

7.1.2) any changes made to the Services;

7.1.3) any fault in (or failure of) any mobile equipment used in connection with the Services or any antivirus software or other security features, except where any such damage or loss is a direct result of our negligence; or

7.1.4) anything that happens that is not in our reasonable control (such things might include network failures, war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident or compliance with any new law or governmental order, rule, regulation or direction or things that are not in our control but are in the control of our service providers).

7.2) We will not be liable for any loss or damage that is indirect and/ or was not reasonably foreseeable at the time of entering into this agreement. We are only responsible for direct losses as a result of us breaching these terms and conditions. Our liability to you in relation to these terms and conditions is limited to £49 for any one incident or series of related incidents.

7.3) There may be occasions when we are unable to provide the Services because of something outside of our reasonable control. We will not be liable to you if that is the case. This includes but is not limited to:

7.3.1) network failure;

7.3.2) services suspension dictated by the network provider in order to carry out repairs,

7.3.3) maintenance or updating;

7.3.4) where required by law; or

7.3.5) in order to protect you against any possible harm.

7.4) If you are a consumer, these terms and conditions shall not be affected by any rights which you may have under any law and which cannot be excluded by agreement.

7.5) Nothing in this agreement excludes or limits our liability in connection with death or personal injury caused by our negligence, or for fraudulent misrepresentation.

 

  1. Contacting us in relation to Service Problems or for Complaints or other reasons

8.1)  If there are any problems with the Services, you must tell us immediately by contacting our customer services helpline. Our representatives will try to solve any problems for you. You agree to give our customer services representatives any help they reasonably ask for in order to help them solve the problem with ease.

8.2) If you need to contact us, you can call 500 from your Economy Mobile or  03331039063 from any other phone. Our customer services helpline is open between 9am and 5pm Monday to Friday. The Charges for your call will be as set out in the Price Plan.

 

  1. Change(s) to this agreement

9.1) This agreement is subject to change from time to time. We may change the Services, the Charges in the Price Plan (including introducing new Charges), the Fair Use Policy, the Privacy Policy, or the terms of this agreement at any time.

9.2) The change(s) will be effective upon publication by us in a way which we consider is reasonable. We will mainly publish any change(s) on our website. However, in addition to publishing any changes on our website, we may also publish changes by advertising in the press; by giving you written notice by SMS or by email; or by any means that we consider is reasonable.

9.3) If we believe you will be caused significant disadvantage by any change(s) or if we intend to increase our Charges we will notify you of the change(s) at least 15 days before it takes effect. If we do not believe our change(s) will disadvantage you, we may include the change(s) automatically without notifying you.

9.4) If we cannot publish the change(s) at least 15 days before it takes effect (for example because the change(s) is necessary for security of the network, because of regulatory change(s) at short notice, because one of our suppliers makes change(s) to their service at short notice, or because any service provider increases their charges at short notice, or because of change(s) to our Network Partner’s telecommunications licence), we will publish the change(s) as soon as we reasonably can.

9.5) By continuing to use the Services you agree to any change(s) and if you are not happy with any change(s), then you do not have to continue to top-up your account and are under no obligation to continue using the Service. If you do not stop using the Services after any newly published change(s) to the agreement, it will be assumed that you will have agreed to the change(s) in accordance with this section.

9.6) We may change or withdraw the Services (or part thereof) at any time, with or without notice. Where possible we will give reasonable notice of these changes or withdrawal of Services. You will be able to use any credit that you have accumulated, up until the time of withdrawal of the Services.

9.7) Although highly unlikely, but we may need to change your voicemail number, Mobile number or other number or code from time to time. Where you have registered your details with us, we will let you know if such change(s) is required.

9.8) The current terms dated 01/03/2017 supersede previous terms. If you would like a copy of these Terms and Conditions sent out to you or a copy in large print, or in Braille, please call our customer service helpline on 03331039063 or by contacting Economy Mobile, Friars House, Manor House Drive, Coventry, CV1 2TE. For the latest Terms and Conditions please visit www.economymobile.co.uk

 

  1. Your personal data

10.1) We are registered under the Data Protection Act 1998. We take your privacy very seriously and the personal information which you provide to us will be used in accordance with our Privacy Policy. Our Privacy Policy sets out more details about how we use your personal information. Please contact our customer services department if you want further details about with whom and how we share your personal information and for more information please refer to our Privacy Policy.

10.2) You agree that we may use the information we collect about you when you subscribe for the Services for the purposes of:

10.2.1) preventing crime or fraud. We may also need to pass your information to fraud prevention agencies and other organisations involved in crime and fraud prevention;

10.2.2) research, surveying, polling, general campaigning, and engaging with you, including sending you messages (email or SMS) for these purposes on our, or a third party's behalf,

10.2.3) marketing and promotion including sending messages (email or SMS) for these purposes on our, or a third party's behalf, if you have agreed that we can;

10.2.4) to create reports, analysis or similar services for third parties (chosen by us or by our partners/parent companies/sub-companies/sister concerns) for the purposes of surveying, polling, or general campaigning, provided always that the data provided to such third parties is on an anonymous, aggregated basis, and you cannot personally be identified from it.

10.2.5) dealing with emergency services and lawful warrant requests from the Government Law Enforcement Agencies;

10.2.6) monitoring and managing your account, including providing quality control services;

10.2.7) complying with our obligations to our service providers; and

10.2.8) as otherwise expressly set out in our Privacy Policy or as required by law.

10.3) You also agree that we may use other suppliers to fulfil the purposes in clause 10.2 above on our behalf, and that

we may share your data with them in order to allow this.

10.4) Personal data includes:

10.4.1) All information provided by you on activating your Mobile/SIM card; as part of your use of the Services; and/or should you choose to register your use of your Mobile number with us.

10.4.2) Call, network and traffic information generated by your use of the Service covered by these terms and conditions or your use of products, services and content accessed via or facilitated by your use of the Services covered by these terms and conditions, including but not limited to your Mobile number, the numbers you call, the type, date, time, location, duration and cost of calls, messages or other communications.

10.4.3) Information obtained from third party sources such as our suppliers, marketing organisations or credit reference agencies.

10.4.4) If you have special needs we may process sensitive personal data about your health, where you have advised us of those special needs.

10.4.5) Information provided by you about another person. It is your responsibility to ensure that the other individual is aware and has agreed to you passing on such information to us or our partners

10.5) Additionally, your personal data may be used for the following general business-related purposes

10.5.1) Passed onto our partner to assist them in running the Network and providing the Services, whether that use is direct or indirect.

10.5.2) Account management such as charging enquiries, and to provide customer care activities (including answering your queries).

10.5.3) Processing your applications and orders, and to supply and manage any services or products which we provide.

10.5.4) Monitor and maintain the quality and security of the Network (which is provided by our Network partner) and the Services.

10.5.5) Protect us, our assets, including any intellectual property rights and our brand, our employees and customers from activities that might cause loss or damage.

10.5.6) Comply with any legal, governmental or regulatory requirement imposed on us or in connection with legal proceedings, including in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.

10.5.7) Analyse for the purposes of understanding our customers’ use of our products and Services, individual needs and business trends in order to develop and improve our and our group companies’ products and services, new developments, tariffs, special offers, discounts and awards.

10.5.8) Activities connected with the running of our business such as personnel training, testing and maintenance of our IT systems.

10.6) Use of your personal data for marketing purposes:

10.6.1) We or other members of the Economy Energy Holdings Limited’s group of companies may use your information to send you marketing messages about our products, Services, special offers, discounts and awards by post, telephone and other electronic messaging services such as SMS, MMS or Video.

10.6.2) We may also contact you about the products and services of carefully selected third parties, which we believe may also be of interest to you – without passing control of your personal data to the third party concerned.

10.6.3) In the case of services provided by external parties, Economy Mobile cannot guarantee that such "stop" messages sent in response to those messages will not be chargeable and should be assumed as attracting a charge.

10.7) Disclosure of your personal data:

10.7.1) We may share your information with our companies in the Economy Energy Holdings Limited group of companies, who may use your information for the purposes set out above and are subject to Economy Energy Holdings Limited’s policies on data protection and security.

10.7.2) We may also pass your personal data to certain third parties (some of which may be based outside of the European Union) where this is either required by law or necessary in order to carry out the Services that we provide to you or that you have chosen to use. We will take all necessary steps to ensure that those third parties treat your personal data in accordance with Economy Holdings policies on data protection and security.

10.7.3) If you wish to use our products or Services abroad, for example, if you wish to roam on a network abroad, it may be necessary to transfer your information outside of the European Union to that country.

10.7.4) Our network partner will be undertaking some of the marketing and customer services responsibilities on our behalf. Therefore, by using your Mobile you consent to your personal data being shared with our Network Partner and any of the companies within our Network Partner’s Group.

 

  1. Miscellaneous matters

11.1)  We are a limited liability company registered in England and Wales, with registered number 08753716. Our registered office is 10th Floor, Friars House, Manor House Drive, Coventry, CV1 2TE.

11.2) We may wish to transfer all or a part of our rights or responsibilities under this agreement to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. After we notify you of the date of the transfer, your only rights under or in connection with this agreement will be against that other person and not us.

11.3) You must contact customer services if you want to transfer your agreement to someone else and you can only do so if we have agreed that you can in writing.

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

11.5) When you use your Mobile, the identity of your Mobile number may be sent through the networks so as to be identified to the equipment being called. It may be used to divert calls to us or by us for administration and/or for the investigation of fraud. You may be charged for any diversions. The identity of your Mobile number will always be sent if calling 999 or 112.

11.6) For your own protection, you must keep confidential all personal identification or security numbers used with the Services. The numbers/codes which we allow you to use with the Services do not belong to you.

11.7) Monitoring or recording of your calls, e-mails or text messages may take place for our business purposes such as quality control and training, to prevent unauthorised use of our telecommunications system and to ensure effective systems operation and in order to prevent or detect crime.

11.8) If you choose to have your personal data included in a directory or directory enquiry service, we may charge you at the price stated in our Price Plan from time to time. Such directory/directory enquiry service information may be passed by us (directly or indirectly) to other organisations so that they may operate their own directory/directory enquiry service. Should you wish to have your information removed, please contact us the Economy Mobile Helpline on 500 from your Mobile or 03331039063 from any other phone.

11.9) The physical SIM card and the intellectual property in the SIM card (including the software) (‘IPR’) does not belong to you and is supplied to you, under licence, by us for proper use with the Services only. We may change the IPR. You may not copy any of the IPR. If your Mobile is disconnected from the Services or if we change the IPR you must either destroy the SIM card or return it to us, as we may request. If it is not returned, on request by us, you must pay for the SIM card (or its replacement) at the price as stated in the Price Plan at that time. For the avoidance of doubt, we own the SIM card so you must only use the SIM card in respect of the Services.

11.10) We will send you notices by post, voicemail, text or other form of electronic message. We will assume that you have received them 48 hours after we have sent them.

11.11) If any court or other competent authority finds any of the terms of this agreement to be invalid or unenforceable, the other terms of this Agreement will not be affected.

11.12) This Agreement is governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland if you live there, or the laws of Northern Ireland if you live there). Any dispute arising in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the courts of your home in Scotland or Northern Ireland.

 

  1. Complaints and dispute resolution

12.1) We aim to provide you with the highest quality of service. If you are unhappy with any aspect of the Service, then please contact customer services. We do all we can to make sure that you receive great customer service but sometimes you might have an issue you want to raise with us. For this purpose, Economy Mobile adheres to a Code of Practice for Complaints Handling that may be accessed via the Economy Mobile website.

12.2) For this purpose, please contact our Economy Mobile Helpline on 500 from your Mobile or 03331039063 from any other UK phone if you need to and we would be do our best to help you.

12.3) If you are not happy after speaking to an Economy Mobile colleague, you can initiate the Economy Mobile complaints procedure by writing to us (remember to include your name, address and a contact number; Economy Mobile number if available; and details of your complaint) via either one of the following channels:

12.3.1) Post at Economy Mobile Customer Services, Economy Mobile, Friars’ House, Manor House Drive, Coventry, CV1 2TE

12.3.2) Online through the Complaints Form on which can be found at www.economymobile.co.uk.

12.4) If after you have been through the Economy complaints procedure, you feel that we have not dealt with your complaint adequately, you can request an independent review by referring your complaint to the Ombudsman Services. Such a request can be made at (www.ombudsman-services.org), on 0330 440 1614 or in writing to Ombudsman Services, PO Box 730, Warrington, WA4 6WU. OFCOM, the government regulator of mobile operators, may approve other similar Ombudsmen and if we choose to use these instead of Ombudsman Services we shall let you know.

12.5) Please note that Ombudsman Services will not consider your complaint until you have followed the Economy Mobile complaints procedure outlined above.

  1. Detailed Description on the Provision of Services

13.1) The basics: Calls to the automated Economy Mobile IVR Helpline are free. All other prices are set out in the Price Plan. All prices in the Price Plan are subject to change from time to time.

13.2) For calls from your Mobile: All the charges detailed in this section and in the Price Plan are per minute and cover standard national and local UK calls to fixed phones, other mobiles and voicemail (excluding Isle of Man and the Channel Islands) unless we’ve said otherwise. All prices are subject to change from time to time. We charge each call by the minute and there’s a 10p minimum call charge.

13.3) You do not have to pay for receiving calls except when you roam on a foreign network. Then you’ll pay for the international leg of calls that you receive while abroad. Calls from a fixed line or other mobile network to your Mobile are set by the other network operator.

13.4) Text messages: A standard text message is 160 characters long, but some handsets let you send longer ones. In that case, the message will be divided up into the number of texts required to convey the message. Each one of these will be charged at the standard rate stipulated in the Price Plan. Receiving text messages from another mobile whilst in the UK is free. Premium rate, international, text messages sent and received while abroad, reverse charged, sending text messages to a non-UK based phone and long text messages are not included in the standard rates so additional charges may apply. The cost for sending a text message is deducted from your top-up account balance or bundle allowance shortly after it’s sent. Delivery cannot always be guaranteed.

13.5) Multimedia Messaging Service (MMS): Using Economy MMS, you can send long text messages, picture messages and video messages. A long text message, picture message and video message is limited to a maximum size of 300 kilobytes. If a message contains multiple media items you will be charged for the most expensive item in the message, for example, by sending a message containing a picture and video clip you are charged the video message price. Messages sent from the UK to an international destination, messages sent whilst abroad, premium rate and reverse charged messages are not included in theservices we provide to you. Please note that not all handsets have the ability to send and receive an MMS. The cost for sending an MMS is deducted from your top-up account balance or bundle allowance shortly after it has been  sent. Delivery cannot always be guaranteed.

13.6) Video Calls: Charges for video calls start when the called party accepts the call, even if the call subsequently fails, therefore a failed call may be subject to a minimum charge.

13.7) Browsing: We charge GPRS/3G/4G browsing sessions for mobile Internet in kilobytes with and round up charges to the nearest pence at the end of each browsing session. Prices shown for Data services are set out in the Price Plan.

13.8) Bundles: The Economy Mobile pay as you go bundles are based on 30-day usage and include calls and texts made from the UK to UK mobile and UK landline phones beginning in 01, 02 or 03 and UK GPRS data use. Customers are entitled to one bundle per 30 days and cannot have multiple bundles at the same time. The exception to this is the Economy Energy Promotional Bundle. Economy Mobile reserves the right to amend the fair usage policy from time to time as well as withdrawing the product without prior notice.

13.9) Customers going over their bundle allowances will be charged the standard Economy Mobile Standard Rates for calls, texts and data.

13.10) Economy Mobile SIMs may be used in already unlocked and other EE-locked handsets, unless otherwise specified. Those handsets bought that are locked, you must not insert another operator’s SIM card into the Mobile without an unlocking code (which is not your PIN code). Economy Mobile cannot provide you with an unlocking code for your locked handset, as this is dependent upon the network and manufacturer. If your mobile phone screen shows "blocked", "barred" or "locked" then you will need to contact your previous operator for their unlocking codes.

 

PART 2 - PAY AS YOU GO BUNDLES – TERMS

2.1) 30-Day Bundles:

  1. a) Once you’ve selected a Bundle, we will send you an SMS confirming your purchase. No refunds can be issued once a bundle has been selected.
  2. b) A Bundle lasts for 30 days, after which the associated bundle allowance expires. This period starts from the moment you successfully make your selection and the 30-day Bundle is allocated to your account. If you have any remaining allowance at the end of the period, it will expire and not be rolled-over into any other bundle or onto your main account.
  3. c) Only one 30-day bundle can be selected per 30 days. You are not permitted to activate two 30 day bundles at one time, neither are you permitted to select a second bundle within the same 30 days as already having a bundle active/selected – the only exception is where you are on the Promotional 30-day bundle for Economy Energy customers.
  4. d) A recurring bundle will take place if this method of bundle selection was requested. Your selected bundle will recur automatically each time your existing bundle expires after the 30 days. A recurring bundle will only recur where sufficient top-up credit is available. If there’s insufficient funds available, the bundle will not auto renew and you will be required to either select a lower value 30-day bundle or top-up and make your selection again.
  5. e) A recurring bundle can be cancelled (to prevent auto renew at the end of the 30-day period).
  6. f) Economy Mobile Pay As You Go Standard Rates will apply when you have used up your 30-day Bundle allowance and continue to use the associated Service. These costs can be found in Standard Rate charges.
  7. g) 30-day Bundles will not apply when making International calls/SMS or when Roaming. See our website for full costs.
  8. h) Inclusive calls and texts are for standard UK mobile numbers or standard UK landlines (starting 01 or 02 or 03) only excluding the Isle of Man and Chanel Islands. Picture or video messages and call forwarding are excluded unless otherwise stated. Calls and text messages to these numbers will be charged at Economy Mobile Standard Rates.
  9. i) If you report your SIM lost or stolen, and have already purchased a 30-day Bundle which is currently live, it will not be refundable. The 30-day bundle will continue to run its course and cannot be paused or rescheduled.
  10. j) Economy Mobile reserves the right to remove or vary the terms of any 30-day Bundle. Where we vary the terms of a 30-day Bundle you are using to your disadvantage, we will notify you of this by text message.
  11. k) If the Distance Selling Regulations apply, you acknowledge and agree that you will not have a right to cancel under the Distance Selling Regulations once your chosen 30-day Bundle has been activated. Your statutory rights are unaffected.

 

2.2) 7-Day Bundle (Introductory Bundle):

  1. a) Once you’ve selected a Bundle, we will send you an SMS confirming your purchase. No refunds can be issued once a bundle has been selected.
  2. b) A Bundle lasts for 7 days, after which the associated bundle allowance expires. This period starts from the moment you successfully make your selection and the 7-day Bundle is allocated to your account. If you have any remaining allowance at the end of the period, it will expire and not be rolled-over into any other bundle or onto your main account.
  3. c) Only one 7-day bundle can be selected per 7 days. You are not permitted to activate two 7 day bundles at one time, neither are you permitted to select a second bundle within the same 7 days as already having a bundle active/selected – the only exception is where you are on the Promotional 30-day bundle for Economy Energy customers.
  4. d) A recurring bundle will take place if this method of bundle selection was requested. Your selected bundle will recur automatically each time your existing bundle expires after the 7 days. A recurring bundle will only recur where sufficient top-up credit is available. If there’s insufficient funds available, the bundle will not auto renew and you will be required to top-up and make your selection again.
  5. e) A recurring bundle can be cancelled (to prevent auto renew at the end of the 7-day period).
  6. f) Economy Mobile Pay As You Go Standard Rates will apply when you have used up your 7-day Bundle allowance and continue to use the associated Service. These costs can be found in Standard Rate charges.
  7. g) 7-day Bundles will not apply when making International calls/SMS or when Roaming. See our website for full costs.
  8. h) Inclusive calls and texts are for standard UK mobile numbers or standard UK landlines (starting 01 or 02 or 03) only excluding the Isle of Man and Chanel Islands. Picture or video messages and call forwarding are excluded unless otherwise stated. Calls and text messages to these numbers will be charged at Economy Mobile Standard Rates.
  9. i) If you report your SIM lost or stolen, and have already purchased a 7-day Bundle which is currently live, it will not be refundable. The 7-day bundle will continue to run its course and cannot be paused or rescheduled.
  10. j) Economy Mobile reserves the right to remove or vary the terms of any 7-day Bundle. Where we vary the terms of a 7-day Bundle you are using to your disadvantage, we will notify you of this by text message.
  11. k) If the Distance Selling Regulations apply, you acknowledge and agree that you will not have a right to cancel under the Distance Selling Regulations once your chosen 7-day Bundle has been activated. Your statutory rights are unaffected.

 

2.3) Economy Energy Customers - 30-Day Promotional Bundle:

  1. a) The Promotional 30-day offer is a loyalty reward provided exclusively for the use of Prepay Economy Energy customers who have at least one fuel supply with Economy Energy which can be comprised of either Electric or Gas. Direct Debit customers are not entitled to receive the Economy Energy 30-day promotional bundle.

- Opting for a SIM at the same time as ordering Energy: You will be given the opportunity to order a SIM at the point you sign up for a fuel package with Economy Energy.

- Order of a SIM when you are already a customer of Economy Energy: You will be required to identify yourself as being a Prepay Energy customer and order your SIM via Economy Energy My Account.

- Already with Economy Mobile and order Energy later: You will be required to log onto Economy Energy My Account when your fuels are live and request the Promotional 30-day bundle to be applied.

  1. b) Validation checks will take place to ensure that the Promotional bundle is only applied to those customers who are eligible – Prepay Economy Energy customers.
  2. c) As long as you remain a Prepay customer of Economy Energy, the promotional 30-day bundle will recur every 30 days. If at any point you leave Prepay Economy Energy the 30-day promotional bundle will automatically be removed without notice.
  3. d) If you move address and cancel your account at your current residence – the bundle may be removed at which point you will be required to reactivate on the new account by visiting Energy My Account.
  4. e) Only one bundle is allowed per household and the Promotional Loyalty Bundle Allowances can be accumulated with paid-for bundle allowances.
  5. f) If a paid-for bundle is subscribed along with the Promotional 30-day bundle, allowances from the paid for bundle will be consumed first before the allowances of the Promotional 30-day bundle.
  6. g) The Promotional 30-day bundle will be applied once your Prepay Fuel Supply with Economy Energy goes live, which can be anywhere between 15 and 17 days from the Contract Sign Date.
  7. h) We reserve the right to remove or amend the Promotional 30-Day Bundle at any time or have this removed.

 

PART 3 - PAY AS YOU GO 30-DAY BUNDLES – FAIR USAGE POLICY

  1. a) You can make calls and/or send SMS(s) to a maximum of 150 distinct numbers per month.
  2. b) Our ‘Unlimited’ propositions have a fair usage amount of 3,000 minutes/SMS.
  3. c) The allowance set out in this fair use policy is based on inclusive minutes and SMS in the UK. Any use when you are abroad will be charged at the relevant international rate set out in our Price Plan.
  4. d) We will notify you by text message when you reach or exceed the allowance of your 30-day bundle. If you exceed these allowances, we will charge you for further usage at the rates set out in our Price Plan.
  5. e) Inclusive minutes: Are for calls to UK landlines which start with the prefix 01,02, 03, and UK mobile networks excluding the Isle of Man and Channel Islands. Your inclusive minutes include listening to voicemail in the UK.
  6. f) Inclusive texts: Are for texts to UK mobile networks. They do not include short-code texts to other services. Your inclusive texts are for person to person (non-bulk) texts and do not include text message delivery notifications.
  7. g) Inclusive mobile internet browsing: Mobile internet browsing applies within the UK only. Using your mobile phone as a modem (tethering) is also permitted.
  8. h) You are only entitled to use our Pay As You Go services for personal, non-commercial use. We reserve the right to impose network protection controls, limit the speed of, suspend or block your access to services, or disconnect you if your usage is excessive and/or not in keeping with that reasonably expected of a private individual. We may also do any of these things if in our reasonable opinion you are abusing the services in any way. We will notify you by text message before we take any of these steps.
  9. i) We reserve the right to review and change these fair usage levels from time to time.

 

PART 4 – PAY AS YOU GO STANDARD RATES

Minutes and texts are from UK to UK mobiles and landlines starting with 01, 02 and 03 excluding Isle of Man and Channel Islands. Out of bundle allowance calls to these numbers cost 10p/min. Calls to 084, 087, 09 & 118 numbers are not included; you’ll be charged Economy Mobile’s Access Charge of 10p/min plus the applicable service charge. See economymobile.co.uk for all standard rates and more information on charges outside of your allowance. If you don’t call, text or top-up every 180 days you will be disconnected and you’ll lose any credit on your account balance including your mobile number. Subject to availability.