Terms & Conditions
Flex Mobile Ltd T/A Poor Credit Mobiles Mobile Limited Standard Terms and Conditions.
Specific Terms and Conditions for each product may vary, see T&C's attached to each product or request a copy from the company via email.
In this Agreement, "Service Provider", "We", "Us", or "Our" means Flex Mobile Ltd T/A Poor Credit Mobiles and "You" and "Your" mean the Customer, specified in the Order Form, Quotation or Contract. Flex Mobile Ltd T/A Poor Credit Mobiles Mobile is a limited company incorporated in England registered under Number 12344045 whose registered office is at 20-22 Wenlock Road, London, England, N1 7GU. Correspondence address is 20-22 Wenlock Road, London, England, N1 7GU.
Definitions
The following definitions are used in this Agreement, unless the context otherwise requires:
"Agreement" means collectively these terms and conditions, incorporating the applicable Order Form, Quotation and
Contract.
"Charges" means charges under this Agreement (which can include usage charges, fees, the Installation Charges, Monthly
Rental Fee, Cancellation or Delivery Charges) in respect of the Services as may be set out in the Order Form, the Price
List or Contract.
"Confidential Information" means all information of a confidential nature disclosed (whether in writing, verbally or by
any other means and whether directly or indirectly) by one Party to another Party including, without limitation, any
information relating to products, operations, processes, plans or intentions, client information, product information,
Intellectual Property Rights, market opportunities and business affairs or those of clients or other contacts (and for
the purposes of this definition, "confidential nature" shall refer to information which is identified as confidential at
the time of disclosure or would be considered to be confidential by a reasonable person based upon the nature of the
information and the circumstances of disclosure).
"Customer services" means Customer Services or Internal Complaints, contact details of which currently are: Tel: 02071
128 482 Email: info@clearcall.co.uk Website: www. clearcall.co.uk. external complaints procedure is handled by the
Ombudsman and details can be accessed from contacting any of the above details.
"Designated Provider" means the provider which is providing telecommunications and other services and equipment to the
Service Provider which are being provided to You under this Agreement;
"Equipment" means the Rental Equipment, Sim Cards and the Customer Apparatus;
"Fair Use Policy" means the fair use policy provided to the Customer and available on the Contract, and which is subject
to change from time to time;
A small number of users are responsible for generating large volumes of traffic on our network, which can impact the
service we offer to our other customers. Our fair usage policy is designed to ensure that all of our customers receive a
fast and reliable service.
Data-Fair usage 5gb
Unlimited Texts-Fair usage 3000 texts (subject to network)
Unlimited Minutes-Fair usage 3000 minutes (subject to network)
"Monthly Rollover" refers to renewing contract length of one Month from agreed date on Contract.
"Price List" means information relating to the Service Provider's Charges included in the Order Form, Quotation,
Contract or available on the Website or on request from Service Provider as may be amended from time to time.
"Rental Equipment" means any equipment, infrastructure, and/or apparatus, and any Software or other software embodied
therein (including without limitation, cabling, wiring, routers, personal computers, network interface cards, network
interface adapters and sim cards), that is rented by You or licensed to you under this Agreement;
"Renewal Term" means agreed successive periods of time provided in the Order Form or Contract;
"Services" means the services set out in the Order Form or otherwise which are provided by the Service Provider pursuant
to this Agreement (and which may include the Landline Services);
"Service Provider" refers to the company Flex Mobile Ltd T/A Poor Credit Mobiles Mobile Limited.
"Service Standard Levels" refer to the standards of service provided by the Designated Provider to the Service Provider
Flex Mobile Ltd T/A Poor Credit Mobiles Mobile Limited Responsibility for the standards of service remain with the
Designated Provider.
Interpretations
In this Agreement (except where the context otherwise requires): (a) use of the singular includes the plural and vice versa; (b) use of any gender includes the other genders; (d) any reference to "persons" includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality); (e) any reference to a Party or to the Parties or their respective affiliates shall be deemed to include the party or parties hereto and their respective successors and permitted assigns and their respective employees;
Commencement and Term
This Agreement shall commence on the date the Service Provider accepts Your Order Form, or the agreed Contract Date (the "Commencement Date"). The Agreement shall continue to be in force for the duration of any Minimum Term whereupon it shall renew automatically on a rolling monthly basis unless either Party provides at least 30 days written notice prior of to the expiration of the Minimum Term or any Renewal Term of its decision not to renew. In the event that the Minimum Term is not extended under the Order Form, then this Agreement shall continue to be in force on a rolling monthly basis unless either Party provides at least 30 days written notice.
Order Form and Contract.
To order the Services you must complete and submit to the Service Provider an Order Form or signed Contract. If at its absolute discretion the Service Provider accepts an order for Services placed other than on its Order Form, the Services provided shall be subject to this Agreement. The Service Provider shall at its sole discretion be entitled to reject any Order Form, including in the event you fail any credit check, you have provided the Service Provider with incorrect or incomplete information reasonably required by the Service Provider to supply the Services; or the Services cannot be delivered to the Site having regard to any geographic, financial, practical or technical restraint.
Provider shall use reasonable endeavours to: provide the Services in accordance with this Agreement; arrange for the delivery of any applicable Rental Equipment; and meet any Standard Service Levels in force regarding the Services PROVIDED THAT, save as expressly stated in such Standard Service Levels.
In performing its duty the Service Provider shall use the reasonable skill and care of a competent designated service provider in providing the Services. However, you accept and affirm that: it is technically unfeasible for the Service Provider to provide the Services completely free of faults and that the Service Provider may not be able to prevent interference of the Services with existing telecommunications services or the functioning of computers or software you have installed, or other electronic equipment, and that the Service Provider does not undertake to do so the Service Provider cannot guarantee that any Data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all; and the Service Provider does not provide a back-up of your data or guarantee the integrity of your data.
The Service Provider shall be entitled to change the technical specification of the Services where necessary for operational reasons, statutory or regulatory requirements, where it does not affect the operation of the services, give you instructions to maintain the quality of the Services; and make alterations to the Services (including without limitation conversions, shifts, re-configurations and renumbers). Alterations may result in disruption to the Services, we will try to minimise this and inform you of any alterations.
Your Obligations- provide relevant information reasonably needed by the Service Provider to provide services, use the services/rental equipment in accordance to the Agreement and any fair use policy.
You agree to not use the services provided in any criminal, illegal or unlawful activity, infringement of intellectual property rights, or any malicious intent. Any actions taken by persons using the service are not the responsibility of the Service Provider.
You may not resell any part of equipment or services without the written consent of the Service Provider.
If a password is provided by the Service Provider for you to access any part of the service you must take actions to ensure this remains safe/confidential, any breach must be reported to the Service Provider. The Service Provider retains the right to change the password/suspend services if they believe a breach has occurred.
You are responsible for the use of the Services (whether authorised or not and whether by You or any other person including any hacker), including without limitation for all Charges incurred and for any breaches of this Agreement.
You agree for the Service Provider to share any details you have provided to Designated Providers in order to arrange Services, you also agree for your previous/current Service Provider to share information about you, where relevant to us.
Creditworthiness
You give permission for the Service Provider to complete credit checks prior to /during providing services. If at any time you fail to meet a reasonable credit level or you fail to make two payments within your contract the Service Provider retains the right to cancel the contract with no limitations, or impose conditions on the fulfilment of the service.
Charges
Charges are referred to in the price list, quote or contract. Any increases to pricing made by the Designated Provider to any element of the service will lead to the Service provider adjusting prices of the services to you, pro rota. All reasonable attempts will be made to inform you of any changes depending on the provision of information to the Service Provider by the Designated Provider. The Service Provider may increase or decrease charge pricing at any time if a 30 day written notice is given. From the commencement date you are liable for all charges, in full, if an agreement, contract or quotation is signed whether services are used or not. You are responsible for charges, in full, made by the Designated Provider for cancellation of services within contract duration or for any third party charges incurred. Invoicing will be made on a four week rolling period and invoices are due, paid in full, for payment no later than one week from invoice creation. All sums due to the Service Provider under this Agreement are, unless otherwise stated, exclusive of Value Added Tax ("VAT") or any other applicable tax which shall be charged to You. You are also responsible for all charges, costs or expenses accrued, including legal bills, due to your non-payment of any charge or invoice in the agreement. This will accrue until all charges are paid in full. If pre-payments for services are made, and the service is cancelled, the Service Provider will refund the balance after charges are deducted.
Charges are as follows, but are not fully inclusive as some may be passed on fro the designated provider
£2.50 replacement of physical sim
£20.00 to reset Direct Debits, Payment re-scheduling.
10% of bill admin charges for late payment.
Suspension of Services.
Services may be suspended in the cases of a) The provider requiring services to be suspended to complete maintenance, repairs or improvements to services. b) if you are in breach of this agreement or c) if you have not paid or cancelled payment for the service, charges or any part thereof. You are responsible for payment of all charges during the suspension period.
The service provider will aim to give reasonable notice of service suspension but cannot be held responsible for service disruption which is a result of the designated provider carrying out work on the service.
Rental Equipment
The Service provider retains ownership of all rental equipment and retains the right to substitute, modify, apply additions or reductions to rental equipment so long as the service is not adversely affected. You agree to maintain and return rental equipment to the service provider, any risk and/or liability for rental equipment passes to you and loss, damage or improper use of the rental equipment shall be charged to the customer. You are responsible for the cost of returning rental equipment.
Termination.
Any party can terminate the agreement providing that 30 days written notice is given and the Minimum Term has been met, however all payments must be made up to the minimum term and payment for time after this including any charges for the cancellation of the agreement. Any over payment shall be reimbursed once all relevant charges have been deducted.
Cancellation of services may occur without prior notification if you have made any false representation relating to creditworthiness, misstatement of company details, failure of payment or fail to provide a copy of the agreement, order form, contract or quotation without the relevant signature. You are responsible for ensuring your use of the services follows all laws and legal compliance requirements, failure to adhere to this or any part of this agreement may lead to termination of services. Any notice of bankruptcy or insolvency against you or any director or major decision maker in your company will lead to this agreement being terminated whilst you are still expected to pay any charges for services up until cancellation. You are still liable for all charges including the return of rental equipment within 14 days of termination, failure to do this will result in a charge to the value of the rental equipment will be made along with any other due payments.