MOBILE TERMS AND CONDITIONS
DEFINITIONS
1.1 The client means the end user and purchaser.
1.2 The Provider means the supplier of the mobile phone network/lessor of equipment supplied.
1.3 The Dealer means Top Communications Ltd
1.4 “deal incentive” means any offer made to the Client by the Dealer which may be in the form of cashback payment, free period of rental or calls on the lines provided or free equipment or any other action or item of value.
1.5 “equipment” includes handsets, ipads and notepads and any other device supplied under the terms of this agreement
1.6 Minimum Contract Period (MCP) means the number of months as set out in the Purchase Order which forms the minimum number of months by which the Client has agreed to receive and pay for services provided by the Provider/Dealer
1.7 Purchase Order means the order form which the Dealer will send which sets out the specification and price for the equipment and services the Dealer proposes to supply to you. The Dealer will not be bound by the purchase order until this agreement is signed by the Client.
1.8 The Previous Provider means the supplier of the mobile phone network prior to the contract entered into under these terms and conditions which may include the same Provider.
1.9 “old contract” means the previous contract prior to the contract entered into under these terms and conditions with the Provider or Previous Provider
1.10 “market value” where assessed by the Dealer will be assessed in accordance with the market value Provided by Musicmagpie.
2.0 CONTRACTUAL OBLIGATIONS
2.1 IN ALL CASES the Client will be under contract to the Provider AND will be bound by the terms and conditions of the Provider (the Terms and Conditions will be supplied by the Provider prior to the client entering into the contract)
2.3 IN ALL CASES the Client will be bound by the Terms and Conditions set in this document by the Dealer.
3.0 QUOTATIONS
3.1 All quotations are based solely on information provided by the Client to the Dealer, (example, existing contract end dates, billing/tariff information number of handsets connected, network, third party provider)
3.2 The Dealer does not accept any responsibility or liability in respect of losses incurred by the Client due to the supply of inaccurate information to the Dealer by the client.
3.3 All tariff/bundle values on the quotation are exclusive of current Value Added Tax
3.4 All deal incentives on the quotation are inclusive of current Value Added Tax
3.5 All buy out cost values on the quotation are inclusive of current Value Added Tax
3.6 The Dealer reserves the right to withdraw/amend a quotation at any time from the date of the purchase order received from the Client
3.7 In the event of the Provider increasing costs the Dealer reserves the right to withdraw/amend the quotation in line with such increased costs.
3.8 The Dealer reserves the right to withdraw/amend a quotation at any time from the date of purchase order to the end of any cancellation period should information provided by the client (2.1) be deemed as inaccurate
4.0 PURCHASE ORDER
4.1 Upon acceptance of the quotation from the Dealer, the Dealer will send the Client a purchase order with the terms and conditions attached which the Client should complete and return to the Dealer. The purchase order confirms the Client’s full understanding and acceptance of All items including terms and conditions within and associated to the quotation.
4.2 Upon receipt of the purchase order provided by the Client, the Dealer will process the clients order in a timely manner in conjunction with the Provider.
4.3 The Client will provide to the dealer any additional information required by the Provider to set up the account.
4.3 The Dealer will make available to the Provider a copy of the purchase order and any other relevant documentation to setup the account.
4.5 The Dealer will contact the client within a reasonable time from the receipt of the Client’s purchase order to conduct a “welcome call” to confirm that all requirements contained within the purchase order and to fully explain how the order will be processed.
4.6 Additionally, and to confirm the above, the Dealer will provide the Client with a “welcome pack”
4.7 The Dealer reserves the right to refuse to accept/process a purchase order without having to provide any due reason to the Client
5.0 CLIENT OBLIGATIONS
5.1 The Client will ensure that all lines pertaining to the “old contract” which are not being transferred or taken over under this contract will be cancelled directly with the Previous Provider.
5.2 Only hardware and sim cards provided by the Dealer shall be used in conjunction with the tariff supplied by the Provider and shall not be used separately or sold onto a third party
5.3 All tariffs, SIM cards, Hardware, devices and associated equipment will be used solely by the Client and shall not be passed on, sole or otherwise provided to a third party
5.4 The Client shall make payments to the provider for services supplied in accordance with the provider’s terms and conditions
5.5 The Client will comply with the provider’s usage policy at all times (typically minimum average of 10 minutes’ usage per handset per billing month)
5.6 The Client will set up full third-party access with the provider for the Dealer to enable the Dealer to access all information pertaining to the clients account
5.7 The Client will, unless expressly authorised by the Dealer, fulfil the full term of the contract with the Provider
5.8 The Client shall not enter into another agreement with another Dealer or third-party advisor without the express consent of the dealer during the term of the contract period
6.0 NON LEASED EQUIPMENT
6.1 The Dealer is only responsible for equipment provided under this agreement. The Dealer cannot guarantee that the services will work with other equipment.
6.2 Unless otherwise agreed, all mobile devices are distributed to the Client sealed, factory packed items complete with sim cards enclosed
6.3 The Client acknowledges that the Dealer is not the manufacturer of the equipment and accordingly warranty of the equipment lies with the manufacturer.
6.4 The Dealer will supply equipment within the terms of this agreement. The dealer reserves the right to amend the specification of any equipment and notify you of the same if required by any applicable statutory or regulatory requirement. The client must inspect the equipment on receipt and notify the Dealer about any issues in writing within 7 days.
6.5 The Dealer will either
- i) arrange for the return of the faulty equipment and replacements OR
- ii) refer the Client to the supplier where the issue of faulty equipment must be dealt with directly with the Supplier. The client should note that the return policy will depend on the policy of the Supplier/manufacturer.
6.6 If equipment is returned to the offices of the Dealer within the terms of this agreement within 7 days, the Dealer will, at their discretion
- i) repair the equipment,
- ii) replace the equipment or
iii) refer the Client directly to the manufacturer/supplier
6.7 If faulty equipment is returned to the Dealer it must not: -
- a) have been altered in any way
- b) been improperly stored or connected to a network service
- c) if sold on a no warranty basis
- d) have any marks or scratches to warrant the product used in any way
- e) have damaged packaging.
6.8 If the Dealer has supplied replacement equipment to the Client and the faulty equipment is not returned the Dealer will charge the Client the contract value of the equipment.
6.9 If a fault occurs on a mobile device provided by the Dealer within the first 28 days, the Client should obtain a fault code from the provider then refer to the Dealer, after 28 days, the Client should deal directly with the Provider
7.0 LEASED EQUIPMENT (IF APPROPRIATE)
7.1 All equipment leased by the Client will be on a MCP specified in the purchase order either 24 or 36 months.
7.2 Title and property of the equipment supplied under this agreement will remain with the Dealer until such time as the Client pays the final purchase payment in full either at the end of the lease period or at such time as the Client enters another agreement with the Dealer and the final payment due is either waived or paid by the Dealer under the new agreement.
7.3 If title is not passed to the Client the equipment must be returned to the Dealer in a good condition. The Dealer will charge the Client if the equipment is either
- i) not returned or
- ii) is not in a good Condition in accordance with 8.6. The charge to the Client will be a minimum charge of £250.00 per handset or market value if higher. This may be covered by the Dealer if the Client has upgraded.
7.4 If title has not passed to the Client and the lease has either come to an end or been terminated by the Client and the equipment has not been returned the Dealer, at their discretion, will invoice the Client for the value of the equipment or the final payment due under the lease.
7.5 The risk in the equipment supplied will pass to the Client upon delivery and shall remain with the Client until such time as the lease has ended or been terminated.
7.6 The Client will, at the same time as submitting the signed purchase order provide evidence of a current business insurance policy which covers fully the equipment supplied under the terms of this agreement.
7.7 The Client will ensure that all times during the period of the lease that the equipment is insured. If the Client fails to maintain current insurance to costs of any loss or damage which would have been covered by the insurance must be borne by the Client
8.0 SWAP TERMS
8.1 The Client may at either the end of 12 months in a 24-month MCP or 24 months in a 36-month MCP or at the end of the MCP exchange their equipment supplied under the terms of this agreement.
8.2 If the Client wishes to exchange the equipment, they must notify the Dealer in writing either email or letter.
8.3 At the same time as the Client notifies the Dealer of their wish to exchange, they must complete the Device condition form, a copy of which can be downloaded from the website OR requested from the Dealer.
8.4 Upon receipt of the notice to exchange and the device condition form the Dealer will provide the Client with an estimate of the value of the equipment being exchanged within 14 days.
8.5 The estimate of the equipment will be based on the details supplied in the Device condition form. All equipment must be returned in a good condition.
8.6 Equipment is in “good condition” if it :-
- a) turns on and off
- b) is fully functional
- c) the screen is working and is damage free
- d) there is no damage to the case
- e) there is no water damage
8.7 If the Client accepts the estimate, they will confirm the same in writing.
8.8 Upon receipt of the acceptance from the Client, the Dealer will arrange for a courier to collect the equipment.
8.9 By accepting the SWAP the Client will enter into a new lease.
8.10 On receipt of the equipment the Dealer will confirm the value within 14 days. Any damage to the equipment will reduce the value.
8.11 If the end value of the equipment is lower than the remainder of the lease agreement the Client will have to pay the difference.
8.12 On receipt of the valuation, the Client may either:
- a) Accept the amount and pay the remaining balance if due. OR
- b) Reject the value. The Dealer will return the equipment to the Client and the Client must return the new equipment to the Dealer any loss in value of the new equipment will be charged to the Client.
8.13 The Client may request an exchange of equipment outside the 12 month or 24-month period, however, this will reduce the value of your equipment and the amount you will get for it.
8.14 The Dealer will NOT agree to an exchange of your equipment if:
- a) the Client has missed any phone or tablet repayments under your lease agreement and theyare still outstanding. Any outstanding payments must be settled before an exchange is considered.
- b) The equipment is “blacklisted” as it has been lost or stolen”.
- c) The equipment has been repaired by an installer or repairer who is not approved by the manufacturer.
8.15 If the equipment is in a “good condition” at the 12 month or 24 month term the Client will have nothing extra to pay.
9.0 REIMBURSEMENT OF DEAL INCENTIVES
9.1 All deal incentives are subject to the Client adhering to the obligations set out in section 5.0 above
9.2 Incentives will only be paid when an official invoice is sent directly to us as a hard copy.
9.3 Where the Client fails to comply with their obligations set out in section 5.0, the Dealer reserves the right to claw-back or otherwise proportionally recalculate deal incentive values.
9.4 Where the Dealer has reason to believe the customer is breaching their contractual obligations the dealer reserves the right to withhold termination fees/line incentives/accessories/software until the risk period has passed
10.0 REIMBURSEMENT OF TERMINATION FEES UNDER THE “OLD CONTRACT”
10.1 Reimbursement of any agreed termination fees are subject to the Client adhering to obligations set out in section 5.0 above.
10.2 Unless agreed otherwise with the Provider the reimbursement of any termination fees will be paid within 90 days of connection or within 14 days of the invoice being submitted to the Dealer by the Client.
10.3 Where the Client fails to fully comply with their obligations set out in section 5.0, the Dealer reserves the right to claw-back or otherwise proportionally recalculate termination fee values
10.4 Where the Client is to provide a porting authorisation code (PAC) to the Dealer this must be made available within 7 working days from the date requested
10.5 Where an advanced payment is agreed, the Client will complete and sign an advanced funding request document provided by the dealer and fully comply with the terms set out within
11.0 TERMINATION
11.1 The account may be terminated by either party within seven working days from the signed purchase order being received by the dealer or up to connection of services whichever is the earliest.
11.2 All termination requests from the client must be made directly to the dealer by way of fax, e-mail or letter, please note section 9.3
11.3 The Dealer will only process a termination of the account provided that all hardware provided by the Dealer to the Client is returned in the original unopened packaging with the mobile phone handset/devices/sim cards unused in any way within 7 working days from the date they were delivered to the client.
11.4 Where the account is cancelled by the Client within the above specified seven days’ period, the Dealer reserves the right to charge an administration fee to recover administration costs incurred in setting up the account. This will be calculated at xx per line up to a maximum fee of xx . Additionally, where equipment has been provided by the dealer to fulfil an order and that order is terminated prior to the dispatch to the client, the dealer reserves the right to recover the cost of such equipment from the client.
11.5 Where the Dealer dispatches handsets/devices in accordance with the signed purchase order, to the Client but the Client refuses to take delivery the Dealer will treat that action as a cancellation of the account and the termination terms as outlined in these terms and conditions will apply.
11.6 When the account is cancelled in accordance with 9.1 but the Client returns the mobile phone handsets/devices/sim cards opened or used the Dealer will charge the full cost of the handsets/devices/sim cards.
11.7 Where the Client wishes to terminate/upgrade their contract, within the contract term but outside the 7-day cancellation period, with another supplier, though not paying their bills, or termination of their account through “buying out” the remainder of the contract the Client agrees they will also be liable for a termination fee of up to £250.00 per line to be charged by the Dealer. Additionally, the dealer reserves the right to claw back any line incentives/cash backs/ or termination fees/ deposits applied to your account when it started on a “pro rata” basis depending on the length of contract served insofar as this exceeds the loss depending on Network Val
11.8 Where the Client terminates/upgrades their contract in accordance with 9.6 the Client will return all the handsets/devices to the Dealer, with all iCloud data removed within 7 days of notifying the dealer of their wish to terminate the contract or the Dealer will charge the Client the recycling cost/market value of the phone whichever is the lower
11.9 The Client will be liable for any commission claw backs due to the Dealer, in the event of non-payment /failure to adhere to terms and conditions of this agreement.
11.10 Section 9 will survive termination of this agreement.
12.0 UPGRADES
12.1 The Dealer can process an upgrade after a period of 22 months with the Client’s consent. If an upgrade is agreed by the Client this will terminate the original contract and a new contract term will commence upon acceptance of the upgrade.
12.2 The Dealer cannot give any guarantee as to the make or model of upgrade handsets provided
12.3 Where the Client wishes to terminate/upgrade their contract early, all equipment supplied must be returned to the Dealer in accordance with 11.8 unless agreed otherwise with the Dealer in writing.
12.4 Where the Client is upgrading their handset(s) are part of a refresh and the return of the equipment does not cover the remainder of the contract charge the Client must pay the difference. The value of the equipment returned will be assessed in accordance with the market value provided by Mazuma OR Musicmagpie
13.0 DEPOSITS
13.1 It may become necessary at the time of connecting the Client onto the Provider’s network for a deposit to be paid to the Provider. The deposit is refundable direct to the Client from the Provider on the 12-month anniversary of the contract term subject to payment history (see clause 5.3) and providers usage policy (see clause 4.4) In such cases above, the Dealer will pay the value of the deposit requested directly to the Provider subject to clauses 10.2 and 10.3.
13.2 The Dealer will provide the client with a document to complete and sign as a formal agreement to reimburse the dealer at the time of the twelve-month anniversary of the contract term for the full value of any deposit paid on the Client’s behalf to the provider, irrespective as to whether that sum is credited onto the Client’s account by the Provider
13.3 In such circumstances where a formal agreement is not in place the above clauses will prevail as Being an implied term of the Client’s agreement with the Dealer.
14 MISCELLANEOUS
14.1 All inbound (Client from landline / mobile to Dealer landline) and outbound calls (Dealer from landline to Client landline / mobile) are recorded and archived by the Dealer
14.2 All client information held by the dealer is processed and recorded in accordance with the Data Protection Act 1988 and the General Data Protection Regulations 2018. For further information about the data we manage please refer to our privacy policy.
14.3 By agreeing the terms of this agreement the Client accepts the terms of the privacy policy.
14.4 The Dealer is not at any time responsible for the lines relating to the “old contract” which are not taken over by them. Any such lines will remain the responsibility of the Client and the Client will remain liable for any continuing charges as a result of a lack of cancellation by them.
14.5 The Dealer is not liable in any way to any extent for any default in performance of the service provided by the network. The client must deal directly with Provider under the terms and conditions of their contract
14.6 In the event of a settlement being agreed in accordance with 12.7 this will be a full and final settlement and the Client will agree that there is no continuing breach of contract and the terms of this contract will continue
14.7 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay order or default is caused by conditions beyond its control including, but not limited to Acts of God, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected
14.8 The Dealer is not liable for any loss in profit or losses in business
