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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.
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 anytime 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 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
6.4.2 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
6.4.3 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
6.4.4 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
6.4.5 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
6.4.6 use only Devices and Accessories approved for use with the
Network, and comply with all relevant legislation or regulation relating to
their use
6.4.7 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)
6.4.8 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
6.4.9 not copy, modify, store, forward, publish or distribute the
Services or their Content without our express permission
6.4.10 only use Content for your own personal use and not for any
commercial purposes or distribute it commercially
6.4.11 not to re-sell, re-supply or otherwise distribute the Services
or Devices without the prior written agreement of Orange
6.4.12 not to 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
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 you 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 you
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 organizations 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 organizations 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 organizations 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 PO Box 10, Patchway, Bristol BS32 4QJ or by calling
07973 100 150. 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, or
c) before reinstating the Services after Suspension.
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 directory and Caller
id
what to do if you want
your number to remain private
13.1 We will enter your Orange number in Orange
and third party directories, and our Network will allow the display of your Orange number on receiving Devices. If you prefer not
to allow either of these options, 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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