1. INTRODUCTION AND DEFINITIONS
1.1 The Customer (as defined in clause 1.2 below understands that in order to receive the Equipment/Services (as defined in clause 1.2 below) and the Airtime Services (as defined in clause 1.2 below) it is required to enter into two separate agreements. These are:
1.1.1 This Agreement with Simply Mobile (NI) Ltd. which governs the supply of the Equipment and or Services from Simply Mobile (NI) Ltd. to the Customer/user; and
1.1.2 The Airtime Agreement (as defined in clause 1.2 below) with the relevant network/service provider.
In this Agreement, the following words and expressions shall have the meanings set out below "Airtime Agreement" means the agreement which governs the provision of Airtime Services from the relevant network/service provider, a copy of which will be provided with Agreement; "Airtime Services" means cellular mobile telecommunications airtime and network capacity procured from a network/service provider; "Connection" means the connection of an end user to a network or service provider such that the end user is capable of accessing and utilising the Airtime Services; "Customer" means the person ordering the Equipment/Services and/or the Airtime Services whose full details are set out in the form overleaf; "Downward Migration" means in respect of a Connection, the transfer (at the request of the Customer) from one tariff provided by the network/ service provider ("the Old Tariff") to another tariff provided by that same network/service provider ("the New Tariff") which results in the Customer being charged a lower monthly line rental under the New Tariff than it was being charged under the Old Tariff and the phrase "Downward Migrated shall be construed accordingly; "Equipment" means mobile telecommunications handsets and other associated equipment; "Minimum Terms" means the minimum period of time which the Customer has agreed to maintain (a) Connections(s) under the Airtime Agreement; "Monthly Subsidy Amount" means the amount which is derived by dividing the Subsidy payable for a Connection by the number of months in the Minimum Term applicable to that Connection; "Services" means any services ordered by the Customer and provided by Simply Mobile (NI) Ltd.; and "Subsidy" means the sum payable by Simply Mobile (NI) Ltd. to the Customer as is determined by Simply Mobile (NI) Ltd. in its sole discretion, taking into consideration the number of Connections which the Customer is taking out and the applicable tariffs and the Minimum Term which the Customer is prepared to enter into.
Unless other terms and conditions are expressly accepted by Simply Mobile (NI) Ltd. by means of a specific written amendment signed by a director of Simply Mobile (NI) Ltd. the supply of Equipment and or the provision of Services will be on the terms and conditions set out in this Agreement to the exclusion of any other terms and conditions whether or not the same are endorsed upon, delivered with or referred to in any purchase order or other document delivered or sent by the Customer to Simply Mobile (NI) Ltd..
SUPPLY OF CUSTOMER EQUIPMENT
In consideration of the Customer entering into the Airtime Agreement, Simply Mobile (NI) Ltd. undertakes to supply to the Customer such Equipment/Services as is ordered by the Customer from time to time.
Simply Mobile (NI) Ltd. shall use its reasonable endeavours to deliver the Equipment on the date agreed by the parties but the Customer acknowledges that time shall not be of the essence. Notwithstanding delivery and acceptance of the Equipment to the Customer, title to the same will not pass to the Customer (but will be retained by Simply Mobile (NI) Ltd. until the earlier of either )i) the expiry of the Minimum Term or (ii) the date on which all undisputed invoices relating to the same (including VAT) have been paid in full to Simply Mobile (NI) Ltd. or any obligations are fulfilled relating to the original contractual terms. Accounts must continue to be managed directly by Simply Mobile (NI) Ltd. and management not transferred to a third party.
The risk in the Equipment will pass to the Customer upon delivery and the Customer will be liable for any loss or damage of the same as and from the time when the Equipment is delivered to the address notified by the Customer.
If an airtime contract is terminated and hardware has been supplied, Simply Mobile (NI) Ltd. reserve the right to pursue Director's personally for the cost of any hardware supplied.
Any 'Hardware Fund' or equivalent is quoted and provided inclusive of VAT.
The Customer undertakes to notify Simply Mobile (NI) Ltd. as to any alleged defect, shortage or discrepancy in any Equipment within 3 days of delivery of the Equipment to the Customer. In the event that the Customer fails to notify Simply Mobile (NI) Ltd. within this period then the Customer will be deemed to have accepted the Equipment and Simply Mobile (NI) Ltd. shall have no liability to the Customer whatsoever in respect of such Equipment.
PROVISION OF THE SERVICES
Simply Mobile (NI) Ltd. shall use its reasonable endeavours to provide the Services on the dates agreed by the parties. Simply Mobile (NI) Ltd. shall use its reasonable endeavours to ensure that the services are provided with reasonable skill and care.
CHARGES AND PAYMENT
The Customer hereby agrees to pay to Simply Mobile (NI) Ltd. for each item of Equipment and, any Services ordered by and provided to the Customer within 5 days from the date of a Simply Mobile (NI) Ltd. invoice.
Simply Mobile (NI) Ltd. reserves the right at its absolute discretion to levy a surcharge for all credit card transactions in accordance with Simply Mobile (NI) Ltd. tariff applicable from time to time, a copy of which will be available at Simply Mobile (NI) Ltd. principal place of business. Interest at an annual rate of 5% above Barclays Bank pic base rate from time to time will accrue daily and be calculated on a daily basis on overdue accounts from the due date until payment.
6. PAYMENT AND RECLAMATION SUBSIDES
6.1 Subject to the remaining provisions of this clause 6, Simply Mobile (NI) Ltd. may acting in its sole discretion, provide the Customer with a Subsidy as a result of the Customer entering into the Airtime Agreement with the network/service provider.
6.2 In the event that Simply Mobile (NI) Ltd. does provide the Customer with a Subsidy this may be provided to the Customer at the sole discretion of Simply Mobile (NI) Ltd., using the following methods set out below or any combination of them:
6.2.1 deducting this from the value of the Equipment or the Services which the Customer orders from Simply Mobile (NI) Ltd.;
6.2.2 the payment of monies (representing the amount of the Subsidy) to the Customer and such monies shall be paid to the Customer;
(a) in full after the expiry of 6 months from the Connection date where the applicable Minimum Term is 12 months.
6.2.3 using such amount to discharge any termination charges levied upon the Customer by the relevant network/service provider for terminating their previous airtime agreement subject to Simply Mobile (NI) Ltd. being provided with a copy of the relevant invoice from such network/service provider.
6.3 Any Subsidy (or instalment payment of a Subsidy) payable by Simply Mobile (NI) Ltd. within 30 days from the date that the Customer presents an invoice to Simply Mobile (NI) Ltd. (save that no invoice shall be necessary where the Subsidy is being deducted from the price of the Equipment/Services ordered by the Customer pursuant to clause 6.2.1) provided that;
6.3.1 at all times the Connection is still active on the relevant payment date that the Subsidy (or instalment payment of the Subsidy) is due;
6.3.2 where the invoice is payable in instalments or after a prescribed period of time the appropriate trigger date has passed.
6.3.3 the invoice has been raised in accordance with the provisions of this Agreement; and
6.3.4 where the;
(a) invoice is for termination charges pursuant to clause 6.2.3, this amount is invoiced within 3 months from the Connection date; and or
(b) invoice is for the payment of monies pursuant to clause 6.2.2, this amount is for the payment of monies pursuant to clause 6.2.2, this amount is invoiced during the Minimum Term; and or
(c) amount claimed is being deducted from the price of Equipment Services ordered by the Customer pursuant to clause 6.2.1, this amount is claimed during the Minimum Term; and in the event that the Customer fails to invoice/ claim the Subsidy within the timescales set out in clause 6.34 (a) to (c) (inclusive) then the Customer's right to the Subsidy shall cease.
6.4 The Customer acknowledges that;
6.4.1 the payment of the Subsidy is conditional upon;
(a) the Customer maintaining each Connection for the Minimum Term; and
(b) the Customer not Downward Migrating any Connection during the Minimum Term; and
(c) such other conditions us are notified to the Customer from time to time by Simply Mobile (NI) Ltd.
6.4.2 Simply Mobile (NI) Ltd. will provide the Subsidy prior to the satisfaction of the conditions set out in clause 6.4.1 and hence the need for clause 6.5
6.5 Simply Mobile (NI) Ltd. shall be entitled to reclaim from the Customer the Subsidy (or such proportion of the Subsidy) already paid to the Customer (or withhold such amount from any Subsidy or instalment of a Subsidy to be paid to the Customer) in the event that;
6.5.1 a Connection is for whatever reason disconnected prior to the expiry of the Minimum Term; or
6.5.2 a Connection is for whatever reason Downward Migrated during the Minimum Term; or
6.5.3 the relevant network/service provider (for whatever reason) reclaims or withholds in full or in part from Simply Mobile (NI) Ltd. any of the connection commission paid to Simply Mobile (NI) Ltd. by the network/service provider in respect of that Connection; and the proportion of the Subsidy that Simply Mobile (NI) Ltd. shall be entitled to reclaim from the Customer shall be the Monthly Subsidy Amount for each month (and such pro rata amount for each incomplete month) of the balance of the Minimum Term which is unexpired at the date of disconnection or the Downward Migration.
6.6 In the event that a Customer cancels prior to connection, disconnects a Connection prior to the expiry of the Minimum Term or a Connection is Downward Migrated during the Minimum Term then Simply Mobile (NI) Ltd. shall be entitled to charge the Customer an administration charge of £150 for each connection.
6.6.1 In the event that a Customer cancels prior to connection, transfers management of the account to a third party, disconnects a Connection prior to the expiry of the Minimum Term or a Connection is Downward Migrated during the Minimum Term then any handsets, hardware or incentives supplied by Simply Mobile (NI) Ltd. are to be returned to Simply Mobile (NI) Ltd. in good condition. Reconditioning charges may be chargeable. If handsets are not returned then Simply Mobile (NI) Ltd. will invoice you for the cost of the handset/s.
6.6.2 In the event that a Customer cancels any service that was sold as a bundled package Simply Mobile (NI) Ltd. reserve the right to increase the cost of the remaining contracted services until the natural cessation of any associated tariff.
6.7 Any such sum reclaimed (or withheld) pursuant to clause 6.5 shall be invoiced to the Customer and such sum shall be payable (unless withheld) within 5 days of the date of Simply Mobile (NI) Ltd. invoice.
7.1 The Customer acknowledges that Simply Mobile (NI) Ltd. is not the manufacturer of the Equipment, and accordingly, that the warranty given by Simply Mobile (NI) Ltd. is limited as follows, If any Equipment is proved to the reasonable satisfaction of Simply Mobile (NI) Ltd. to be defective in material or workmanship then:
7.1.1 if the Equipment is returned to Simply Mobile (NI) Ltd. within 14 days of the date of their delivery then Simply Mobile (NI) Ltd. will at its option (a) repair the Equipment;
(b) replace the Equipment; (c) substitute substantially equivalent goods or (d) credit the Customer in respect of any such Equipment. For the avoidance of doubt, where Simply Mobile (NI) Ltd. replaces Equipment or provides substitute goods, the original Equipment returned by the Customer will belong to Simply Mobile (NI) Ltd., provided that these obligations on the part of Simply Mobile (NI) Ltd. will not apply where:-
(a) the Equipment has been altered in any way whatsoever or has been subjected to misuse or unauthorised repair; or
(b) the Equipment has been improperly installed or connected (unless Simply Mobile (NI) Ltd. carried out such installation and connection); or
(c) the Customer has failed to observe any maintenance requirements relating to the Equipment or;
(d) the Equipment has been expressly sold on a "no warranty" basis or in respect of any promotional items supplied from time to time with or in connection with the Equipment.
7.2 Save as provided in this Agreement Simply Mobile (NI) Ltd. hereby excludes all conditions, warranties and stipulations express or implied, statutory, customary or otherwise which but for such exclusion would or might subsist in favour of the Customer.
8. LIMITATION OF LIABILITY
8.1 Simply Mobile (NI) Ltd. liability for loss or damage of any kind whatsoever (however such liability arises and whether in contract, tort, for breach of statutory duty or otherwise) under or in connection with;
(a) this Agreement and/or
(b) any matter collateral to this Agreement and/or in respect of any representation or misrepresentation (other than a fraudulent misrepresentation made by or on behalf of Simply Mobile (NI) Ltd.; shall in no circumstances exceed the sum paid by the Customer to Simply Mobile (NI) Ltd. in respect of the Equipment or services with which such liability arises provided that nothing in this clause shall limit or exclude liability for death or personal injury arising from Simply Mobile (NI) Ltd. negligence.
8.2 Save as otherwise provided, Simply Mobile (NI) Ltd. will be under no liability under this Agreement for any personal injury, death, loss or damage of any kind whatsoever (other than death or personal injury resulting from Simply Mobile (NI) Ltd. negligence) whether consequential or otherwise including but not limited to loss of profits, pure economic loss, loss of business and depletion or goodwill.
8.3 Save for death or personal injury resulting from Simply Mobile (NI) Ltd. negligence, shall not be liable to the customer for any loss as a result of electro magnetic frequencies or any similar result from use of the Equipment.
9.1 Simply Mobile (NI) Ltd. will be entitled to assign, sub-contract or sub-let this Agreement or any part thereof. The Customer shall not be permitted to assign or sub-let this Agreement or any part thereof without the written consent of Simply Mobile (NI) Ltd..
9.2 Failure by Simply Mobile (NI) Ltd. to enforce any of the provisions of this Agreement will not be construed as a waiver of any of its rights hereunder.
9.3 Simply Mobile (NI) Ltd. shall be entitled to amend any of the terms of this Agreement upon the giving of 7 days written notice to the Customer.
9.4 I n relation to all obligations of the Customer under this Agreement, the time of performance is of the essence.
9.5 The illegality, invalidity or unenforceability of any clause or part of the Agreement will not affect the legality, validity or enforceability of the remainder. If any such clause or part is found by any competent court or authority to be legal, invalid or unenforceable the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.
9.6 Each of the parties hereto is an independent contractor and nothing contained in this Agreement shall be construed to imply that there is any relationship between the parties of partnership or of principal/ agent or of employer/employee.
The legal construction of these clauses shall not be affected by their headings which are for convenience of reference only. Any demand, notice or communication shall be deemed to have been duly served.
If delivered by hand, when left at the proper address for service if given or made by prepaid first class post, 48 hours after being posted (excluding Saturdays, Sundays and public holidays)
9.8.3 if given or made by fax at the time of transmission subject to receipt of the appropriate "clear" transmission report provided that where in the case of delivery by hand or transmission by fax such delivery or transmission occurs either after- 4.00 p.m. on a Business Day or on a day other than a Business Day service shall be deemed to occur at 10.00 am. on the next following Business Day (such times being local time at the address of the recipient) For the purpose of this clause a "Business Day" is a day when the banks in the location of the recipient are open for a full range of banking transactions. Any demand, notice or communication shall be made in writing or by fax addressed to the recipient at its registered office or its address stated in this Agreement (or such other address or fax number as may be notified in writing from time to time)
9.9 No variation to this Agreement way be made unless set out in writing and signed by a director of Simply Mobile (NI) Ltd..
9.10 This Agreement shall be governed by Northern Ireland law and the parties submit to the exclusive jurisdiction of the Northern Ireland Courts.
Entrants must be 18 or over. This promotion is open to residents of Northern Ireland.
Prize is as stated in paper. No cash refund. Simply Mobile in conjunction with the Promoter reserves the right substitute the prize for a prize of equivalent or greater monetary value if this is necessary for reasons beyond its control. The prize cannot be used in conjunction with any other offer or promotion.
Simply Mobile will not be liable for any prize(s) that do not reach the winners for reasons beyond Simply Mobile's reasonable control. Simply Mobile's decisions is final and binding in all respects on all entrants. No correspondence will be entered into.
Simply Mobile may refuse or disqualify any entry (including winning entries) if the entrants concerned or anyone authorised by the entrant to deal with their entry acts in a way towards Simply Mobile and the Promoter staff which Simply Mobile reasonably considers to be inappropriate, unlawful or offensive.
If the winning entry is disqualified the Promoter reserves the right to award the prize to another entrants. The prize is non transferable. Were the prize involves flights and hotel accommodation the dates are subject to availability.
Where the prize states specific travel dates and times the winner must be available to travel or forfeit the prize. Were the entry mechanism requires entry forms and/or tokens to be posted, proof of postage is not proof of receipt. Winners will be selected at random and it is imperative that entrants leave a daytime contact number as we are unable to contact you outside the hours of 9am - 5pm.
By entering, the winner agrees to take part in any promotional activity. Employees of the promoter and Simply Mobile (NI) Ltd., their families and agents in Northern Ireland are not eligible to enter.
This competition does not and is not intended to constitute a legal relationship between entrants and Simply Mobile (NI) Ltd.
Network Price Promise - terms and conditions
We promise that we won't be beaten on price by any of the major networks.We will match genuine prices offered directly by the major networks. The major networks are defined as O2, Orange, T-Mobile and Vodafone. If you find the same offer at a cheaper price from one of these networks within 14 days of purchasing from us then, subject to the conditions below, we will refund the difference.
Our Price Promise (the 'Simply Promise') is subject to the following conditions:
Our Promise only applies to published offers. By this, we mean those offers that are readily available and advertised to the public. We cannot match any variations to these advertised offers that may be offered by the networks to individual customers unless these offers are presented in writing and on letter headed paper from the network
Our Promise applies to new subscriptions on Business Pay Monthly connections.
The mobile phone that you could purchase at the cheaper price must be brand new and of the same make, model, design and network (where applicable) as the mobile phone you would like us to price match
The mobile phone that you could purchase at the cheaper price must be readily available and in stock both at Simply Mobile at the time and at the place where you could purchase it at the cheaper price and subject to the same terms of sale (for example, delivery charges, timescales and warranties)
Pay Monthly - Our Promise applies to the price of mobile phones supplied with a tariff (offers) and we will only match against identical offers on the same network in terms of phone, tariff length and costs, inclusive minutes, texts and data allowances (excludes promotional offers such as free gifts, cashbacks etc.)
This Promise specifically excludes prices offered by the networks which are contingent upon certain conditions (such as spending a certain amount on other goods or collecting tokens in order to qualify for a discounted price on a mobile phone)
Proof of the cheaper price which is acceptable to us is required and will be verified by us
If you have an offer in writing from a network, it must be on letter headed paper and must be no older than 7 days and may be verified by us
'Major networks' means O2, Orange, T-Mobile and Vodafone. It excludes Mobile Virtual Network Operators. We will only match business to business tariffs and consumer to consumer tariffs)
We reserve the right to withdraw this Promise or change these terms and conditions at any time
We do not store credit card details nor do we share customer details with any 3rd parties