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1 definitions
The following words and expressions shall have the following meanings:
Accessories: Products approved by Orange which you use in conjunction with
your Device. They include (without limitation) batteries, chargers, car kits,
headsets and carry cases.
Account: our records of your payments and outstanding
Charges, plus your personal details.
Age Restricted Services: any Services which are specified for
use only by customers over a specific age.
Bar: a block placed by us on some or all of the Services you
normally use (except for calls to emergency services). It may include us
restricting the Service whereby you will automatically be re-directed into
Orange when you attempt to make an outgoing call from your Device
Billing Date: the day on which your billing statement will
be issued and/or made available on Your Account after you have been
connected.
Charges: all charges for Services, as published in our
periodically updated Price Guide. These include any reasonable administration
charges.
Connection: the process of giving you access to a
Service. "Disconnection" and "Re-connection" have a
corresponding meaning.
Content: information, communications, images and
sounds, software or any other material contained on or available through the
Services.
Contract: these terms and conditions which are binding
on both you and Orange
for each Device you connect to the Orange Network.
Customer Communication: information made available to you by Orange which provides
information on Orange Services. It may be made available on your Device or
provided electronically or distributed with new Devices or in mailings to
some or all Orange Customers.
Deposit: refundable amount that Orange may ask you to pay before we Connect
or Re-connect you to the Network or before providing any Service.
Device: a mobile telephone, device or data card (excluding
Accessories) which is approved by Orange
for connection to its Network.
Line One and Line Two: Line One is the primary means by which
you have access to the Services. Line Two is a second line on the same Device
with its own phone number.
Minimum Term: the minimum period for the supply of Services
as specified in your Service Plan commencing on the date of Registration,
where no period is specified in the Service Plan a minimum period of 12
months from the date of Registration will apply.
Network: the electronic communications system by which
Orange makes Services available in the United Kingdom.
Orange Additional Services: optional Services
(including but not limited to Roaming, International Calling, Premium Rate
Services, and Content provided by Orange) which may cost extra whether they
are supplied in conjunction with Service Plans or outside Service Plans.
Orange: Orange Personal Communications Services Limited and the
companies owned by France Telecom S.A or any organisation that may succeed it
as the assignee of this Contract. Referred to in this Contract from time to
time as "we" "us" or "our".
Price Guide: a list of our current Charges which is
updated from time to time and is available from us upon request. To the extent that there is any conflict between the Price Guide and any other point of sale pricing information, the Price Guide takes precedence.
Registration: our acceptance of your application for
Services and our record of your data and any User data prior to Connection.
"Register" has a corresponding meaning.
Roaming: An optional Service which allows you to use
your Device on other operators' networks, usually in foreign countries.
Services: Network and other Services, including Orange
Additional Services, provided or procured by us for you to use.
Service Plan: a number of products which shall include but
not be limited to bundles of airtime, text, and/or Orange Additional Services
and/or additional discounts offered by Orange
for an agreed monthly or other periodic payment.
SIM: a card or other device which shall for the avoidance of
doubt include a USIM which contains your personal telephone number and which
is programmed to allow you to access the Network.
Suspension: the temporary disconnection of Services.
"Suspend" has a corresponding meaning.
User: you, or another person named by you, who is authorised to
incur Charges to your Account.
Your Account: the online facility by which customers can
manage their acccount including but not limited to viewing their mobile
bills, making payments and changing tariffs.
2 your
Contract and the Minimum Term
your
Contract runs for at least the Minimum Term
2.1 For each
Device you own, your Contract starts on the date of Registration and will
continue for the Minimum Term and thereafter You have limited rights to
terminate your Contract during the Minimum Term as described in Section 4.
what
happens when the minimum term ends
2.2 After
the Minimum Term ends, we will continue to supply you with Services as normal
until your Contract is terminated in any of the ways described in Section 4.
3 provision
of Services
what we
aim to provide in the UK
3.1 We will
take all reasonable steps to make the Services available to you at all times.
The Services are only available within the range of the base stations that make
up our Network. We cannot guarantee a continuous fault free service. Please
note that:
3.1.1 the
quality and availability of Services may sometimes be affected by factors
outside our control - such as local physical obstructions, atmospheric
conditions, other causes of radio interference, features or functionality of
your Device, the number of people trying to use the network at the same time,
and faults in other telecommunication networks to which the Network is
connected
3.1.2 the
quality of our Services may not be at its best inside buildings or below ground
3.2 When you move outside the Orange enhanced service
area this may result in:
3.2.1
the call being terminated if you
are on a video call
3.2.2
the speeds at which data is
downloaded being affected.
3.3
Any coverage maps are our
best estimate but not a guarantee of service coverage which may vary
from place to place.
Services
may sometimes be affected by maintenance and upgrading
3.4 The
Network and the Services may from time to time require upgrading, modification,
maintenance or other works. These may result in some or all of the Services
becoming temporarily unavailable. In such cases, we'll do everything we can to
keep the period of non-availability to a minimum. However, some interruption
may be inevitable.
suspension
of Services
3.5 We may
suspend some or all of the Services you use, without giving you notice if:
3.5.1 we have
good reason to believe that you haven't complied with one or more of the terms
of your Contract
3.5.2 you don't pay your bill within the time
stipulated in Condition 6.2; we reserve the right to place a Bar on some or all
of the Services from your Device (with the exception of calls to the emergency
services). This Bar will remain in force until you've paid everything you owe
us. At our discretion, we may charge you for Reconnection and removal of the
Bar
3.5.3 we also reserve the right to Suspend Services if a complaint
has been made against you. The complaint will be thoroughly
investigated, and Services will remain suspended until we know the
results of that investigation. Any complaint you make will similarly be
thoroughly investigated
3.5.4 we have good reason to believe that your mobile phone number is
being used for fraudulent or improper purposes
3.5.5
we
suspect on reasonable grounds that information has been supplied to us without
the knowledge of the person named or that an application is unauthorised or
contains false particulars
3.5.6
you
notify us that your Device has been lost or stolen
3.5.7
we
are required by the emergency services or other government authorities to
suspend your Services.
3.6. You will remain
liable for all monthly or other periodic Charges during any period of Suspension.
suspension
of Orange Additional Services
3.7 We
reserve the right to change, suspend or withdraw part or all of any Orange
Additional Service on giving reasonable notice.
monitoring
the Services you use
3.8 For the
purposes of good management and security and to make sure we follow your instructions correctly and to improve our
service to you through training of our staff, or to monitor instances of
unsolicited messages we may monitor or record communications. Where we have good
reason to believe such communication is unsolicited you agree we may but are
not obliged to block such communication.
roaming
Services outside the UK
3.9 Roaming relies on the telecommunications systems of foreign
networks, over which we have no control. We cannot therefore offer
any guarantees about Roaming services.
3.10 If you use Services from a country outside the UK your use of the Services may be subject to different laws and regulations that
apply in that other country. Orange is not liable for your failure to
comply with those laws or regulations
Storage
and transmission of information on our Network
3.11 We may establish limits
concerning the use of the Services for example the maximum size of an
email message that may be sent or received, the maximum capacity allocated to
you for storage of Content on the Network which you access via the
Services.
3.12 You agree that Orange has no
responsibility for the deletion, corruption or failure to store any Content
maintained or transmitted by the Network.
3.13 Whilst Orange has no
responsibility to monitor the use of the Services if you exceed the use limits
we reserve the right to refuse to store or send Content on your behalf.
Access to the Services and Content
3.14 Under no circumstances will Orange or any of the other
parties involved in the provision of Orange Content, be liable for any
losses, damages, costs or expenses arising from or in any way
connected with any errors, defects, interruptions, malfunctions or delays in
Content or the provision of Content. Orange agrees to rectify any such
problems in the Content which are notified to Orange as soon as Orange reasonably can. If you do notice a fault or error in the Content, please notify
the fault to Orange.
3.15
Orange accepts no liability for the, loss, late receipt or
non-readability of any download, transmission, or other communications. The
Content, which is obtained from a large range of sources, is supplied to You on
an "as is" basis and Orange does not warrant that the Content is of
satisfactory quality, fit for a particular purpose, suitable, reliable,
accurate, complete, secure or is free from error.
Access to the third party services and the internet
3.16
We
have no control over the value or quality of goods, services or Content offered
by third parties on or through the Services. As a result we cannot be
responsible or liable in any way for and do not endorse, any of these goods,
services or Content.
3.17
The
Services may be used by you to access websites and networks worldwide. Orange accepts no responsibility for the Content or services in respect of these and you
agree to conform with the instructions issued by those websites and networks
relating to your use of those services.
3.18 If you
use your Device to access the internet or third party services as it may not be
a secure environment unwanted programs or material or viruses may be downloaded
to your Device without your knowledge which may give unauthorised access to, or
damage your Device and the information stored on it. Orange is not liable or
responsible in any way for such unauthorised access, damage to or loss of
information on your Device.
Age Restricted Services
3.19 You are
not permitted to access our Age Restricted Services (if any) if you are below
the age specified to access the Services. If you are allowed to access the Age
Restricted Services by virtue of the fact you are the specified age or older
you must not show or send Content from the Age Restricted Services to anyone
below the specified age. If you let anyone under the specified age use your
Device you must ensure you deactivate access to the Age Restricted Services.
Credit Limits
3.20 We may
set monthly credit limits for Charges. We may (but do not have to) Suspend some
or all of our Services if you go over a credit limit. You should not use a
credit limit for budgeting because the amount you owe is not capped or limited
by any credit limit we set.
4 your
rights to terminate this Contract
terminating
your Contract after the Minimum Term
4.1 You may
terminate your Contract to expire at any time after the Minimum Term by giving
us at least one month's notice. You are free to restore your Contract
throughout this notice period, should you change your mind.
terminating
your Contract during the Minimum Term
4.2 You may
terminate your Contract before the Minimum Term has expired if you pay us:
4.2.1 all
Charges that are due, plus
4.2.2 a lump
sum equivalent to the total of all the monthly or other periodic Charges still
remaining on your initial Minimum Term agreement (except in the circumstances
set out in Conditions 4.3 and 15.1).
terminating
your Contract because Orange has changed its terms
4.3 You may
also terminate your Contract if we vary its terms, resulting in an excessive
increase in the Charges or changes that alter your rights under this Contract
to your detriment. In such cases you would need to give us at least 14 days
written notice prior to your Billing Date (and within one month of us telling
you about the changes). However this option does not apply if:
4.3.1 we have
increased the Charges by an amount equal to or less than the percentage
increase in the All Items Index of Retail Prices published by the Central
Statistical Office in the Monthly Digest of Statistics in any 12 month period;
or
4.3.2 the
variations we have made have been imposed on us as a direct result of new
legislation, statutory instrument, government regulation or licence; or
4.3.3 the variation relates solely to an Orange
Additional Service, in which case you may cancel that Orange Additional Service
in accordance with Condition 15.1.
terminating
your contract because Orange is no longer able to provide access to the Network
4.4 If, for
reasons beyond our control, we are no longer able to provide Network Services,
we will at our discretion either:
4.4.1 make
arrangements for you to be supplied with equivalent Services by another network
at no extra cost to you, or
4.4.2 accept written notice from you that you
wish to terminate your Contract. In such cases we will refund any pre-paid
Charges that have not been used up.
termination
of your Contract by Orange
4.5 We may
terminate your Contract immediately at any time in respect of any or all the
Devices owned by you, in whole or in part, by giving you written notice if:
4.5.1 you fail
to pass any credit assessments which we may reasonably consider to be necessary
from time to time,
4.5.2 you fail
to pay any of your bills from Orange on time,
4.5.3 we have
good reason for believing that any information you have given us is false or
misleading,
4.5.4 you
become insolvent within the meaning of Section 123 of the Insolvency Act 1986,
or bankrupt, or make any arrangement with creditors or go into liquidation or
become subject to an administration order or a receiver is appointed over any
of your assets or if we have good reason for believing that you are unable to
pay the Charges,
4.5.5 in addition, we may terminate your Contract at any time after
the Minimum Term has expired by giving you at least one month's
written notice.
termination
of your contract by Orange without written notice
4.6. We reserve the right to terminate your contract immediately at
any time in respect of any or all of the Devices owned by you, in whole
or in part without notice to you if:
4.6.1 we have good reason for believing that you have breached
Conditions 6.4.2, 6.4.3, 6.4.4 or 6.4.5, 6.4.8, 6.4.9, 6.4.10, 6.4.11 or
4.6.2 you
haven't complied with one or more of the terms of your Contract and do not
correct the breach within 7 days of being asked by us in writing to do so.
termination
and Line Two
4.7 Termination
of your Contract for any reason connected with Line One will result in
automatic termination of Line Two.
5 effect
of Termination of the Agreement
5.1 When this
Agreement is terminated, your Device will be Disconnected and you will no
longer be able to use the Services.
what to
do after Termination of your Contract
5.2 Termination
of your Contract is subject to you paying us any money you owe us and us paying
you any money we owe you. After termination, it is your responsibility to
cancel any direct debits, standing orders, credit card mandates or other
authorisations you may have given for periodic payments to be made to us by
third parties.
6 your
responsibilities
when
your payments are due
6.1 Ordinarily
we will invoice you monthly in advance for monthly charges which are
non-refundable and monthly in arrears for call and message charges but we
reserve the right to amend the invoicing period and submit interim invoices to
you. The Connection charge will be included on your first invoice. Charges in
respect of Services not supplied directly by us e.g. Roaming may be invoiced
several months in arrears. VAT will be added to all invoices at the relevant
rate where applicable. Payment is due when you receive your invoice and/or it
becomes available as an e-bill on Your Account.
6.1.1 you will
be responsible for paying all Charges on your Account, whether or not they have
been accrued by you personally. You will also be responsible for any
extraordinary costs incurred in administering your Account, including
collecting any payments. If your Service has been Disconnected, either at your
request or ours, you will remain responsible for paying any outstanding Charges.
6.1.2 you must
make your payment when you receive your invoice and/or it becomes available as
an e-bill on Your Account and by one of the payment methods stated on your
invoice subject to clause 6.3. However we may also submit an interim bill or
require an immediate payment if we think you have exceeded a reasonable limit
on your Account.
penalties
for overdue payments
6.2 If
payment is not made within 14 days of its due date, we may charge interest on
all sums outstanding at the rate of 2% above the base rate of National
Westminster Bank. This interest will be charged on a per annum basis calculated
daily.
payment
methods
6.3 Ordinarily we
will accept payment of Charges by credit card, debit card, cheque, direct debit
and electronic transfer, but we reserve the right to refuse any
payment method if we have reasonable cause to believe such payment will
be dishonoured.
6.3.1
we
reserve the right to charge an administration fee each month for payments not
made by direct debit.
6.3.2
we may arrange for invoices to be
issued by a third party on our behalf. Invoices issued by such third party
shall be binding on you and payment of such invoices in full to the third party
will be a valid discharge of your liability to pay such invoices under this
Agreement.
things that you agree to do
6.4 Recognising
that good management and security of the Services is important to all Orange customers, you agree that you will:
6.4.1 If you
wish to receive e-bills via Your Account, you are responsible for signing up to
Your Account so that you can view and pay your bills accordingly.
6.4.2 provide
whatever proofs of your identity and address that we consider reasonably
necessary from time to time. Whilst photocopy or fax copies are usually
acceptable we do reserve the right to request the original document,
6.4.3 keep
confidential, and not disclose to any third party, your Account password or any
personal identification code, number or name issued by us permitting access to
the Services,
6.4.4 not use
the Services for any improper, immoral, fraudulent or unlawful purposes or for
the sending of any communication or storing any data which is of an offensive,
abusive, indecent, obscene or menacing nature,
6.4.5 not
cause, nor knowingly allow others to cause, any nuisance, annoyance or
inconvenience, whether to us or to any of our customers, by any means including
the use of the Network for persistently sending unsolicited communications
without reasonable cause,
6.4.6 not act
in a way, whether knowingly or otherwise, which will impair the operation of
the Network or any part of it, or put it in jeopardy,
6.4.7 use only
Devices and Accessories approved for use with the Network, and comply with all
relevant legislation or regulation relating to their use,
6.4.8 comply
with any reasonable instructions issued by us which concern your use of the
Services, and co-operate with us in our reasonable security and other checks
(which may include us making phone calls to you),
6.4.9 not send
or upload anything that is copyright protected (unless you have permission) or
which in any way breaches the intellectual property rights of any third party,
6.4.10 not copy,
modify, store, forward, publish or distribute the Services or their Content
without our express permission,
6.4.11 only use
Content for your own personal use and not for any commercial purposes or
distribute it commercially,
6.4.12 not
re-sell, re-supply or otherwise distribute the Services or Devices without the
prior written agreement of Orange, and
6.4.13 not circumvent the Age Restricted Service mechanisms.
7 multiple
users
7.1 Where there
are one or more Users other than you under your Contract, you remain responsible:
7.1.1 for
ensuring the Services are used in accordance with this Contract, and
7.1.2 for all Charges incurred to your Account by those Users.
8 Line Two
- limitations on usage
Suspension
of Services
8.1 If we
Suspend Services on Line One, Services on Line Two will automatically be
Suspended also.
electronic
messages
8.2 It is
not possible to send electronic messages on Line Two this shall include but not
be limited to, text, video and multi media messages.
Service
Plan
8.3 You may
not have a higher Service Plan on Line Two than you have on Line One.
9 information
supplied by you
the
details you give us must be correct
9.1 By
applying for Registration or for Orange Additional Services, you undertake to
provide your correct name, address and other factual information. You also
confirm that:
9.1.1 the
person stated to be authorised to sign for a company or firm is duly authorised,
9.1.2 any
individual applying as a member of a company is of full contractual capacity
and is able both to pay for the Services he or she has requested and to meet
his or her other obligations under your Contract, and
9.1.3 You must
also tell us if your details change.
what
happens if we suspect the details you give us aren't correct
9.2 If we
suspect, on reasonable grounds, that information has been supplied to us
without the knowledge of the person named, or that an application is
unauthorised or contains false particulars, we may delay Connection or Suspend
Services to your Device while we investigate further. Following our
investigation, we will Connect or reinstate the Services unless we have grounds
to terminate. You acknowledge that you will have no claim against us in respect
of any delay or Disconnection caused as a result of the operation of this
Condition.
10 credit
assessments
your
application is subject to credit status
10.1 All
applications for Registration and Orange Additional Services are subject to
credit assessment before we can connect you to the Network. In considering your
application we will search the following records about you and others (see 10.2
below):
10.1.1 Our own;
and
10.1.2 those of licensed
credit reference agencies (CRAs). When CRAs receive a search from us they will place
a search footprint on your credit file that may be seen by other people
searching your credit file. The CRAs supply to us both public (including the
electoral register) and shared credit and fraud prevention information; and
10.1.3 those at
fraud prevention agencies (FPAs).
10.2 We will
use credit scoring and or other automated decision making systems when
assessing your application. If our assessment of you does not meet our normal
requirements we reserve the right to decline to Connect you or to supply Orange
Additional Services or to decide an appropriate credit limit on your Account.
Alternatively, we may ask you to lodge a Deposit with us before we Connect you.
If you believe our assessment of you is incorrect, we will review your
eligibility. However, we cannot accept responsibility for the accuracy of
information provided by CRAs. Nor can we accept any liability for the consequences
of our declining to Connect you.
10.2 We will also check your details with FPAs
for the purposes of verifying identities to prevent and detect crime and money
laundering. We may also make periodic searches at CRAs and FPAs to manage your
Account with us.
10.3 If you are making a joint application or
tell us that you have a spouse or financial associate, we will link your
records together so you must be sure that you have their agreement to disclose
information about them. CRAs also link your records together and these links
will remain on your and their files until such time as you or your partner
successfully files for disassociation with the CRAs to break the link.
10.4 Information on your application will be
sent to CRAs and will be recorded by them. We may also disclose details of how
you conduct your Account to such agencies. If you do not pay any balance on
your Account when due CRAs will record the outstanding debt. This information
may be supplied to other organisations by CRAs to perform similar checks and to
trace your whereabouts and recover debts that you owe. Records remain on file
for 6 years after they are closed, whether settled by you or defaulted.
10.5 If you give us false or inaccurate
information and we suspect or identify fraud we will record this and may also
pass this information to FPAs. Law enforcement agencies may access and use this
information.
10.6 We and other organisations may also access
and use this information to prevent fraud and money laundering, for example when:
10.6.1 checking details on applications for credit
and credit related or other facilities;
10.6.2 managing credit and credit related accounts
or facilities;
10.6.3 recovering debt;
10.6.4 checking details on proposals and claims for
all types of insurance;
10.6.5 checking details of job applicants and
employees.
10.7 We and other organisations may access and
use from other countries the information recorded by FPAs.
10.8 If you do not pay any sums due on your
Account we will trace your whereabouts and recover debts.
10.9 Your data may also be used for other
purposes for which you give your specific permission or, in very limited
circumstances, when required by law or where permitted under the Data
Protection Act 1998.
10.10 If you would like to receive details of the
relevant FPAs and CRAs please contact us at Credit
Referral, Orange PCS, Top Floor Global House, Senhouse Road, Darlington, Co
Durham DL1 4YB or by calling 170 from your handset or 01613 800883. You
can also contact the CRAs and FPAs directly.
10.11 If you would like to read the full details
of how your data may be used please visit our website at www.orange.co.uk or
phone 07973 100 150 to request a copy of our policy.
11 deposits
deposits
are held for 12 months
11.1 We may
request a Deposit from you:
a) before
Connection
b) before
making Orange Additional Services available to you,
c) before
reinstating the Services after Suspension, or
d) if you
fail to pass any credit assessments which we reasonably consider to be
necessary from time to time.
11.2 Deposits
will be held for 12 months from the date of receipt and then refunded upon
request. We do not pay interest on Deposits. If you owe us money, we may set off
Deposits against the amount due to us. If there is a balance left over in such
cases, we will remit this to you or credit your Account.
12 SIM Card
it's
your responsibility to keep your SIM Card safe
12.1 Any SIM
Card we supply to you remains our property, but it is your responsibility to
keep it safe. SIM Cards are easily damaged and should be handled with care. We
will replace free of charge any SIM Card found to be defective through faulty
design or workmanship. In any other circumstances, however, we may charge for
replacing it. We reserve the right to recall any SIM Card from you at any time
to enhance or maintain the quality of the Services.
what to
do if your SIM Card is lost, stolen or damaged
12.2 You must
inform us immediately if the SIM Card supplied to you is lost, stolen or
damaged. You will remain liable for all Charges incurred until you do so. We
will send you a replacement SIM Card as soon as reasonably practicable, but we
reserve the right to charge you for doing so.
your
SIM Card and other networks
12.3 The SIM
Card supplied with your Device enables the Device to work on our Network only
with the exception of Devices which can access Roaming Services. However, after
the Minimum Term we will lift this restriction at your request, provided all
your payments of Charges are up to date and you pay the current administration
charge. The software in the SIM Card and the Device is either owned by or
licensed to Orange which grants you a non-exclusive licence to use it for
accessing the Services for the duration of your Contract and not otherwise.
13 Caller
id
what to
do if you want your number to remain private
13.1 Our Network will allow the display of your Orange number on receiving Devices. If you
prefer not to allow this, please let us know in writing. Your mobile phone
number and the approximate location of your Device will always be sent if
calling the emergency services.
14 Devices
your
Device is not a part of your Contract
14.1 Your
Device and Accessories are acquired by you outside the terms of your Contract.
15 changes
to your Contract
we
reserve the right to make changes to your Contract
15.1 When you
Register you are asked to choose a Service Plan and to indicate which Orange
Additional Services you require. You may switch to a higher Service Plan at any
time. You may switch once only to the next lowest Service Plan after one half
of your Minimum Term has expired, unless otherwise stated. You must read the rules of your chosen Service Plan
as they may restrict your right to change Service Plans during your Minimum
Term.
In the event you do switch Service Plan and add to or cancel Orange Additional
Services you must give us not less than 10 days notice before your Billing
Date (subject to the terms of any promotional offers you have accepted). We do,
however, reserve the right to vary the terms of this Contract from time to time
and to make changes to your Service Plan. We acknowledge that if we do increase
the Charges, withdraw Orange Additional Services or introduce new mandatory
Charges - or if your contractual rights are affected to your detriment - you
may terminate your Contract in accordance with Condition 4.3. If you do not
give notice within one month of our notifying you of any change(s), you will be
taken to have accepted the change(s).
15.2 In
exceptional circumstances a government authority may require the reallocation
or change of phone numbers in which case we may have to change your mobile
phone number for the Services
new
services
15.3 We are
continuously enhancing our existing Services as well as adding new services,
particularly Orange Additional Services. Charges for, and any special terms and
conditions attached to Orange Additional Services will be notified in Customer
Communication. The terms of your Contract, including Charges current on the
date when you take up the offer of any Orange Additional Service, will apply to
it, subject to any special promotional offer made by us and accepted by you.
16 Customer
Communication
please
read all the information we send you
16.1 We update
our Customer Communication from time to time. Information on various topics is
mailed to Customers with their monthly billing statements and/or made available
to Customers with their e-bill on Your Account and is available on request from
us. You are asked to read your Customer Communications and to keep those which
are mailed to you until they are superseded. We regard you as having been given
any information if it is either:
a) included
in a mailing addressed to you,
b) by
voicemail, email text or other form of electronic message sent by us to your
Device,
c) communicated
directly by any means (including any information made available to Customers
with their e-bills).
17 assignment
of Contract and change of ownership of Device
your
Contract is personal to you
17.1 Your
Contract is personal to you and you may not assign it. However, we may at our
discretion (not to be unreasonably withheld) allow you to:
a) nominate
a User other than yourself while you remain primarily liable to us under your
Contract,
b) terminate
your Contract on short notice if you have transferred title to your Device to a
new customer who has Connected the Device to our Network.
17.2 We may
assign our rights to your Contract only if such assignment is on terms which
are at least as advantageous to you as those set out in your Contract.
18 liability
circumstances
in which neither of us accepts liability
18.1 Except as
provided in this Condition 18, neither party shall be liable to the other,
whether in contract or tort nor otherwise, for any loss or damage which is:
a) not the
fault of the other party,
b) indirect
and/or not reasonably foreseeable,
c) loss of
business, profits, savings, revenue, use or goodwill, or for any loss or
corruption of data whether caused to the other party through any breach of your
Contract or any matters arising under it. Neither party excludes liability for
negligent acts or omissions causing death or personal injury to any person.
maximum
liability of Orange
18.2 Subject
to Condition 18.1, we limit our legal liability up to a maximum of three
thousand pounds per claim or a series of related claims for any loss or damage
which is:
a) direct
financial loss,
b) direct
physical damage to or loss of property resulting from our breach of contract or
negligence while providing Services.
factors
beyond our control
18.3 We will
not be liable to you if we are unable to perform an obligation or provide the
Services to you because of any factor outside our control, including but not
limited to Acts of God, industrial action, default or failure of a third party,
war, terrorist act, governmental action, or by any act or decision made by a
court of competent jurisdiction.
your
maximum liability
18.4 Subject
to Condition 18.1, your liability is limited to payment of all outstanding
Charges due in accordance with the provisions of your Contract.
19 general
changes
to your Contract
19.1 Subject
to Condition 15, your Contract may be varied or amended only by the express
mutual agreement of both parties. A party seeking to rely on such variation or
amendment must produce evidence of the other party's agreement to it.
disclosure
of information to third parties
19.2 You agree
to the disclosure to any telecommunications company, debt collection agency,
credit reference agency, credit or fraud monitoring scheme, security agency or
credit provider of:
a) any information
relating to your Contract, including your personal financial information and
details of how you have performed in meeting your obligations under your
Contract,
b) any
disclosure as may be within our Data Protection Act registration,
c) any
disclosure required as a result of an order of any court of competent
jurisdiction or by statutory authority.
Your
information
19.3 Orange or its Group
companies will use your information which you provide to us together with other
information for administration, marketing, credit scoring, customer services,
tracking your Device and web use preferences, and profiling your purchasing
preferences. We will disclose your information to our service providers and
agents to help us with these purposes. We will keep your information for a
reasonable period after your contract with us has finished in case you decide
to use our Services again and may contact you about our Services during this
time.
19.4 By registering your Device on the Network you
consent to us sharing your information with other companies in the Group and
companies outside the Group who are our business partners. They or we may
contact you by mail, telephone, electronic messaging services, fax or email to
let you know about any goods, services or promotions which may be of interest
to you. Please call customer services if you do not wish to receive such
information from us, or if you do not wish to receive information from our
business partners, but remember that this will preclude you from receiving any
of our special offers or promotions or those of our business partners.
19.5 By registering your Device on the Network
you consent to our transferring your information to countries which do not
provide the same level of data protection as the UK if necessary for providing
you services you require. If we do make such a transfer, we will put a
contract in place to ensure your information is protected.
19.6 You have a right to ask for a copy of your
information (for which we charge a small fee) and to correct any inaccuracies.
19.7 When you give us information about another
person you confirm that they have appointed you to act for them, to consent to
the processing of their personal data, and to the transfer of their information
abroad and to receive on their behalf any data protection notices.
19.8 For details of the
Orange and its Group of Companies please visit our website.
delivering
communications to you
19.9 All
notices to be served in accordance with your Contract must be served by post or
facsimile. We can in addition serve notice to you by voicemail, email text or
other form of electronic message. They will be deemed served 48 hours after
they are sent, or on earlier proof of delivery. All invoices and notices served
by post will be sent to the address given by you on Registration unless you
notify us of a change to this address. Any waiver, concession or extra time we
may allow you is limited to the specific circumstances in which it is given and
does not affect our rights in any other way.
disputes
between you and us
19.10 You may request that disputes between
you and us are referred to arbitration under our Code of Practice for Consumer
Affairs. We will supply a copy of our Code of Practice for Consumer Affairs
to you on request.
miscellaneous
19.11 If either party delays or does not
take action to enforce their rights under the contract this does not
prevent either party from taking action later.
19.12 If any of the terms in this contract
are not valid or legally enforceable the other terms will not be affected.
We may replace any term that is not legally effective with a similar term that
is.
Orange
company details
19.13 Our
Company Registration Number is 2178917 and our Registered Office is at St James Court, Great Park Road, Almondsbury Park, Bradley Stoke, Bristol, BS32 4QJ.
governing
law
19.14 Your
Contract is to be interpreted in accordance with the Laws of England and Wales.
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