Beebu Telecom Mobile Airtime Services And Equipment Terms And Conditions Of Agreement
In these Terms and Conditions, the following expressions shall have the following meanings:
- “Beebu” - BeeBu Telecom Limited, an MVNO with company registration no 08635537 and registered office: 1 Barnes Wallis Road, Fareham, Hampshire, PO15 5UA, England.
- “Agreement”- This Agreement, in its entirety, and all other associated in writing.
- “Bar” - The act of disabling the Subscriber from making or receiving calls on the Subscriber Module supplied, with exception of emergency services.
- "Charges" - Variation of a Call charge, access charge, connection charge, minimum airtime charge, value added service charge means the charges as described and at the rates (appropriate to the chosen tariff) as set out in the Schedule of Tariffs to be published by Beebu from time to time.
- “Connection/ Connected" - The connection of the equipment or SIM card to the selected call plan/tariff.
- "IMEI” - The International Mobile Equipment Identity number to the Subscriber equipment.
- “Migration” - The transfer of a mobile number to any alternative service provider on the same network.
- “MNO” - Mobile Network Operator.
- “MSISDN” - Means a number uniquely identifying a subscription in a GSM or a UMTS mobile network.
- “MVNA” - Mobile Virtual Network Aggregator, an operator offering wholesale mobile and data services.
- “Party/Parties” - Means Beebu and the Subscriber either separately or together.
- “Payment Date" - The date determined by Beebu on which related invoices fall due for payment.
- “Portability" - Means the transfer of a mobile number or Service to any alternative service provider and MNO.
- "Provision" - The action of providing or supplying goods or services for use.
- "Premium Rate" - Non-Geographical or Non-Standard calls or SMS charged at a higher than usual rate.
- "RPI "– Retail Price Index, annual measure of the price of goods and services in the UK, which can be subject to inflation.
- “Service(s)" - The provision of airtime, together with those services identified in this Agreement, by means of the Systems offered by Beebu.
- ”SIM Card" - A module which contains Subscriber Information and which, when used with GSM/UMTS equipment, enables access to the GSM/UMTS Services.
- "Subscriber" - The account holder responsible firstly for meeting the Charges.
- “Subscriber Equipment" - Means the approved equipment and SIM Card connected to the System.
- "System(s)” - The telecommunications systems that Beebu makes available to the Subscriber.
- "Tariff" – The price you pay for the services provided by Beebu.
- “Upgrade” - Any supply of a Subscription and/or Subscriber Equipment.
2. Acceptance Of Application
2.1 In connection with this account application Beebu will carry out credit and fraud prevention checks with a licensed credit reference and fraud prevention agency and this agency will retain a copy of the search. Information from the application and payment details of the account will be recorded and may be shared with other organisations to support making credit and insurance decisions about you and members of your company and for debt collection and fraud prevention purposes.
2.2 Beebu will only accept the application when the Subscriber passes a credit check to Beebu satisfaction. This Agreement, together with the terms defined on the airtime Agreement, constitutes the entire contract between the Subscriber and Beebu, and the terms of this Agreement shall apply to the exclusion of all others whether implied or proposed by the Subscriber orally or in writing unless expressly accepted in writing by Beebu.
3.1 This Agreement will commence from the date any services requested on the Agreement are implemented and take effect and will be for a minimum twelve (12) month period in any event unless stated any different on applicable airtime agreement.
3.2 Subject to Clause 10 below this shall continue for a period of twelve (12) months from each date of individual connection or upgrade or tariff change, unless a different term is selected under the initial minimum contract term provision.
This Agreement shall continue thereafter until terminated by either party giving not less than thirty (30) days prior written notice, such notice not to be served prior to the expiry of the said initial minimum contract term.
3.3 This Agreement is a master Agreement, and the provisions of Clause 3.1 and 3.2 are applicable to all mobile numbers and/or handsets Connected to Beebu and will also apply to subsequent Connections or Upgrades from the individual Connection or Upgrade date.
3.4 Should the Subscriber request a Tariff change within the sixty (60) day Beebu promise, then Beebu will allow one (1) tariff change, not including promotional plans made available after application, limited only to decreasing allowance and rates.
3.5 A Subscriber can increase Tariff allowance and rates at any point during the agreement. Tariff changes will not refresh until next statement date which will be advised.
3.6 All Tariff changes will be subject to availability and a minimum spend.
4. Call Capping
4.1 An account will be opened and a credit limit inclusive of VAT will be notified to the Subscriber and this credit limit should not be exceeded. Any increase in the credit limit must be requested either by phone or in writing and will be subject to approval by Beebu, which may entail further credit checks. Beebu cannot accept responsibility for Subscriber overspends due to any reason including but not limited to billing cycles or delays in the availability of call data. Subscribers who anticipate exceeding their credit limit should contact Beebu to avoid Services being suspended.
4.2 Credit limits are subject to periodic review at Beebu’s discretion. Beebu may require that a deposit be placed with Beebu in cases where the Subscriber incurs monthly charges in excess of the credit limit and the Subscriber authorises Beebu to debit their nominated credit or debit card, where details are provided, at Beebu’s discretion for this excess amount overdue, or any amount over the credit limit set.
5. Connection To The System And Provision Of The Service
5.1 Subject to these Terms and Conditions, Beebu will connect and maintain the connection of the Subscriber to Beebu and, subject to the geographical coverage of the network and other limiting factors not under Beebu's control. Beebu will endeavour to make the Services available to the Subscriber throughout the term of this Agreement.
5.2 Beebu shall be entitled, at its absolute discretion to transfer the Subscriber to another MNO, provided this incurs no additional costs to the Subscriber. Wherever practicable, fourteen (14) days written notice shall be given of such changes prior to their being made.
5.3 The Subscriber recognises and acknowledges that the Services depend on the availability of the Systems, which may from time to time, by their very nature, be adversely affected by physical features, atmospheric conditions, and other causes of interference may fail or require maintenance without notice.
5.4 Premium rate services, roaming and international calls made outside of the listed EU/EEA whilst in the UK and overseas will be enabled unless the Subscriber has requested Beebu to disable these calls and services. If enabled, the Subscriber should be aware that they will be charged for call/text/data usage and voicemail received whilst calling abroad from the UK and that calls made and received whilst overseas may be charged in second increments at rates set by the overseas network(s) together with any additional handling and network charges. Any such calls/text/data made outside of Beebu's European Zone are not included in any bundle of inclusive calls/text/data which may form part of the tariff and billing delays of up to three months may occur for these charges and may be subject to an advance deposit as requested from time to time.
5.5 New and Existing Subscribers connected to eligible Service(s) from 12:00 GMT on the 15th June 2017 will be able to roam within the EU/EEA, using inclusive plan allowances, including calls/texts/data, not incurring additional cost. The Subscriber must be resident in the United Kingdom.
5.6 In relation to clause 5.5 dependant on the services available and country visited, network speeds may fluctuate. Fair usage policy may also apply.
5.7 Beebu shall bear no liability to the Subscriber whatsoever in connection with any Service provided by an overseas network, third party or Premium Rate provider.
5.8 Beebu will automatically enable a credit limit to any Subscriber upon successful application. To amend a credit limit set the Subscriber must contact Beebu customer services and may be subject to further credit checks.
5.9 If the Subscriber requests Portability, completion will be within twenty-four (24) hours, although maximum timescales can be up to seventy-two (72) hours and services may be interrupted during Portability.
6.1 The Subscriber will pay any agreed initial charges, the monthly access charge and any other fixed monthly charges, on or before the Payment Date.
6.2 The Subscriber will pay all call charges (used in excess of any call charges that may be comprised in the minimum airtime Charge but without rebate for any unused element of call charges in such Charge) including charges incurred from other MNO’s, virtual networks, Premium Rate and overseas network and also any handling charges set out in the schedule of tariffs, monthly in arrears, on or before the Payment Date. UK calls are billed per second and rounded up to the nearest penny. Beebu will apply a minimum call charge, details of which can be found in our tariff rates and charges.
6.3 The Subscriber will pay the cost of any subsequent reconnection made necessary by suspension of the Services carried out by Beebu due to non-payment (subject to Clause 10), prior to reconnection.
6.4 The Subscriber will pay all sums to Beebu by Direct Debit or by such other method as Beebu shall allow on or prior to the Payment Date. The acceptance of payment by any method other than Direct Debit by Beebu may incur a monthly administration fee of £3.00 including VAT.
6.5 All payments other than by Direct Debit must be received within fourteen (14) days of Beebu’s invoice date.
6.6 Any sums due to Beebu from the Subscriber which are unpaid for more than fourteen (14) days after the Payment Date shall bear a fixed late payment fee to the sum of £10 including VAT date of actual payment becoming cleared funds.
6.7 Value Added Tax (VAT) and other taxes where appropriate shall be payable on all Charges referred to under this Clause 6.
6.8 The Subscriber will promptly advise Beebu in writing of any change circumstance which will affect the performance of the agreement, such as address or bank details.
6.9 The Subscriber authorises Beebu to charge the Debit/Credit Card, where details provided, with an amount equal to the outstanding balance on the Subscriber’s credit account, where the Subscriber has failed to pay Beebu by the Payment Date.
6.10 The Subscriber authorises Beebu to levy a Service Charge of 2.5% where Beebu is debiting the Subscriber’s Credit Card Account with any outstanding balance.
6.11 The Subscriber is solely responsible for the Subscriber Equipment and/or SIM Card and shall remain liable for all call charges including any incurred during a period of theft, damage or loss until such theft, damage or loss is reported to Beebu, and will remain liable for the monthly access charge until the Agreement has been terminated by either party.
6.12 Beebu will only consider billing queries from the Subscriber if made within fourteen (14) days of the date of invoice. Raising such queries does not relieve the Subscriber obligation to pay all invoices when due without deduction, offset or withhold, but if an amount is subsequently found to be not payable, Beebu agrees to refund the Subscriber for the overpaid charges.
7. Public Emergency Calls
7.1 No charge will be made for Emergency calls similar to 999 services made on the Subscriber Equipment.
8. Obligations Of The Subscriber
8.1 The Subscriber acknowledges that the System is operated under License and by agreement with the MNO and that the provisions of the said Licenses and agreements apply to the use of the Service. The Subscriber hereby undertakes:
8.1.1 Not to use or permit the use of the System for any unlawful, immoral or improper purpose including the use of unlawful GSM SIM gateways or any purpose not recommended by the equipment manufacturer, MNO’s or Beebu;
8.1.2 To comply with any reasonable instructions issued by Beebu relating to the System, the equipment or the Service and to use only the Subscriber Equipment approved by MNO’s and Beebu.
8.1.3 Not to reverse, or permit anyone else to reverse, the charges on any telephone call;
8.1.4 Not to act, or omit to act, in any way which may injure or damage any persons, property or the System or cause the quality of the Service to be impaired.
8.1.5 Not to directly or indirectly be knowingly involved, recklessly or negligently permit any other person to be involved, in any fraud, illegal or immoral activity and shall notify Beebu immediately upon becoming aware of any such activity.
8.2 Should Beebu incur additional claims, damages, losses (including loss of profit, other economic loss or legal fees) due to Subscriber breach of this Agreement the Subscriber could be liable.
8.3 The Subscriber will promptly advise Beebu by phone or in writing in the event of loss or theft of the Subscriber Equipment and/or the SIM Card.
8.4 The tariff chosen at the acceptance of this Agreement will remain the minimum tariff selected for the initial contract term and the terms and conditions of the selected tariff apply.
8.5 The rates/tariffs/equipment subsidies that Beebu makes available to the Subscriber are subject to the length of contract chosen and its terms and are based upon the predicted or anticipated revenue over the contract term including notice period. The Subscriber is therefore expected to honour the contract, revenue and its terms. In the event that the Subscriber fails to do so, Beebu reserves the right to invoice the predicted or anticipated revenue, at full retail price without discount, over the full contract term including notice period and to recover any benefits received and losses incurred, and should the contract not proceed to full term a cancellation charge will be incurred.
8.6 The Subscriber acknowledges that Beebu will accept, and act on behalf of, any instruction received from the Subscriber, and accept and act on behalf of any additional orders, regardless of authority and/or position, unless otherwise pre-advised to Beebu in writing with the Subscribers bespoke ordering procedures.
9. Limitation Of Liability
9.1 Nothing in this Agreement shall limit or restrict or be deemed or construed so as to limit or restrict the liability of Beebu or the Subscriber for death or personal injury to any person caused by its negligence.
9.2 Subject always to the provisions of Clause 9.1, the total liability hereunder of Beebu in contract, tort or otherwise (including negligence) shall, in respect of all claims under this Agreement, not exceed the total amounts paid to Beebu by the Subscriber under this Agreement for the remainder immediately prior to the period in which the claim or claims are made.
9.3 Subject to the provisions of clause 9.1, Beebu shall not be liable hereunder, in contract, tort or otherwise (including negligence) for any indirect or consequential losses whatsoever or otherwise howsoever arising including without limitation, loss of profits, revenues, business, contracts, anticipated savings or any other indirect or consequential losses whatsoever and in this Clause 9.3, "anticipated savings" means any saving that the Subscriber anticipated making as a consequence (whether directly or indirectly) of entering into this Agreement.
9.4 Where the Subscriber deals as a consumer, nothing in this Agreement shall affect the Subscriber’s statutory rights.
10. Termination And Suspension Of The Service
10.1 Beebu shall have the right to, without prejudice to any other claims or remedies which it may have against the Subscriber, forthwith terminate or suspend the Service and this Agreement without liability upon the occurrence of any of the following events:
10.1.1 If payment of the Charges is not made on the due Payment Date;
10.1.2 If the Subscriber commits a breach of this Agreement (and where that breach is capable of remedy, does not correct this breach within twenty-eight (28) days of Beebu requesting the Subscriber in writing to correct such breach) or if any information given to Beebu by the Subscriber is false or misleading;
10.1.3 If the Subscriber makes or offers to make any composition with creditors or commits any act of bankruptcy, or if any petition or receiving order in bankruptcy is made against the Subscriber, or (in the case of a Subscriber being a Limited Company) the Subscriber is unable to pay its debts as they fall due within the meaning of the Companies Act 1985; or
10.1.4 If a petition or resolution to wind up the Subscriber is passed or presented (otherwise than for reconstruction or amalgamation); or
10.1.5 If any administrative receiver or receiver/manager is appointed over any of the Subscriber’s assets, property or undertaking, or if any such power of appointment arises.
10.2 Beebu may, from time to time, without notice or liability on its part (notwithstanding the foregoing provisions of this clause and at its absolute discretion), suspend or disconnect the Service in any of the following circumstances:
10.2.1 If the Subscriber fails to comply with any of the terms contained herein; or
10.2.2 If the Subscriber does, or allows to be done, anything which in Beebu’s reasonable opinion may have the effect of jeopardising the operation of the Service; or
10.2.3 If Subscriber permits use of the Service or uses the Service for illegal purposes including the use of illegal GSM SIM Gateways, Beebu, without any liability whatsoever, reserves the right at its absolute discretion to immediately suspend the Service. In such a case the Subscriber will be charged during the month in which such suspension of Service takes place at the Beebu standard Tariff rate, no bundled minutes being applied during that month. For the remainder of the contract term the Subscriber will be liable for the tariff initially agreed at full retail price without discount, subject to Clause 8.5 above; or
10.2.4 If, in Beebu’s absolute discretion, the call charges incurred in any given period show unreasonable or excessive usage of services or unusual calling patterns such as a disproportionate percentage of incoming calls or zero usage per number, or cause network congestion; or
10.2.5 If Beebu is unable, for whatever reason, to provide the Service or if Beebu is required to terminate this Agreement by a competent regulatory authority and/or MNO; or
10.2.6 If the Subscriber exceeds the credit limits set.
10.3 Termination, suspension, disconnection or barring under this Clause 10 shall be without prejudice to Beebu’s rights accrued up to and beyond the date of suspension, termination disconnection or barring.
10.4 In the event of termination of the Service and this Agreement by Beebu in accordance with the provisions of Clauses 10.1 and 10.2, the Subscriber shall, within forty-five (45) days of receipt of the notice of termination, pay to Beebu all outstanding Charges including, where termination is for any of the reasons specified in Clauses 10.1 and 10.2, the amount due as set out in Clause 8.5 above or which would have been payable for the remainder of the term of this Agreement had the Subscriber given notice of termination at the earliest date possible in accordance with Clause 3.
10.5 Upon termination of this Agreement if the Subscriber made a deposit, Beebu will only reimburse any surplus to the Subscriber after deduction of all unpaid charges. Any request for repayment must be made in writing.
10.6 After disconnection, suspension or barring of the equipment from the System and/or consequent upon the termination of this Agreement, the Subscriber shall pay on demand all Charges outstanding at the time of disconnection, suspension or barring including any reasonable disconnection or barring fee that Beebu may wish to charge in its sole discretion.
10.7 Subscriber will pay any costs, including legal fees, reasonably incurred by Beebu on collecting any payments due.
10.8 If termination should take place part way through a month, no credit will be given for the post termination part of the month’s access charge(s).
10.9 The Subscriber will remain liable for all call charges incurred prior to termination regardless of when they are invoiced.
10.10 If the Subscriber is unable to use all of the Services for a continuous period of more than seventy-two 72 hours to any technical failure (including power cuts, improvement, modification or maintenance of the Service or the Systems) and if the MVNA and/or MNO offers this to Beebu, on application the Subscriber may receive a credit for their line rental which will represent that part of the line rental for the period of suspension.
10.11 If the Subscriber acts upon the Sixty (60) day Beebu Promise, services will be subject to termination at 12:00 GMT same day or within twenty-four (24) hours; or
10.11.1 If the Subscriber requests Portability of the number associated to the sixty (60) day Beebu Promise, the Port Authorisation Code will be issued within two (2) working hours via SMS and Email. If the Subscriber continues use of the Beebu Service or fails to submit a valid Port Authorisation Code to the acquiring provider before or on sixty (60) days from acceptance of this agreement, this indicates you agree to this Service Agreement.
10.12 If the Subscriber requests Portability of the number, the Port Authorisation Code will be issued within two (2) working hours via SMS and Email. If the Subscriber continues use of the Beebu Service or fails to submit a valid Port Authorisation Code to the acquiring provider before or on thirty (30) days, this indicates you agree to the existing Service Agreement terms.
10.13 The sixty (60) day Beebu Promise is unavailable to any Subscriber connecting to Beebu through re-sellers, limited companies, charities, partnerships and/or Sole Trader companies.
10.14 The sixty (60) day Beebu Promise is unavailable to any Subscriber connecting to Beebu where credits or payment(s) have been successfully paid to the subscriber by Beebu as the acquiring provider.
10.15 Portability and Migration requests of mobile numbers made during the minimum contract term does not relieve the Subscriber from contractual obligations to pay any early termination charges due under this Agreement, and in relation to the remainder of the contract term, following termination.
11. Matters Beyond Reasonable Control
11.1 Neither party to this Agreement shall be deemed in default or liable to the other party for any matter whatsoever for any delays in performance or from failure to perform or comply with the terms of this Agreement due to any cause beyond that party’s reasonable control including, without limitation, acts of God, acts of Government or other competent regulatory authority, MNO’s, war or national emergency, riots, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes and other industrial disputes (in each case, whether or not relating to that party’s workforce).
12.1 The Subscriber shall not assign or transfer the benefit of this Agreement to any third party without the prior written consent of Beebu, such consent not to be unreasonably withheld or delayed.
13.1 Beebu shall be entitled, from time to time and at its absolute discretion, to:
13.2 Make such variations to the tariff as it deems appropriate, so long as such changes are not disadvantageous to the Subscriber.
13.3 Increase line rental charges by the annual percentage increase in the Retail Price Index. Should this increase be applicable it will take effect in March of each year.
13.4 Make changes to this Service Agreement at any time. Beebu will notify you of any significant changes either by email to the email address upon registration or via your bill. If you continue to use the Beebu Service after the date on which the change comes into effect, your use of the Beebu service indicates you agree to the changed Service Agreement and will be bound by it.
14. Use And Disclosure Of Agreement Information
14.1 Beebu operates in accordance with the Data Protection Act 1998. The information the Subscriber provides will be used by Beebu to supply the Services and will not be otherwise disclosed without the Subscriber’s prior permission, except as set out in Clause 14.5 below, or by exemption, if required by law in relation to crime and taxation purposes.
14.2 Beebu does not share Subscriber information with other organisations for marketing purposes, however Beebu may invite the Subscriber to take part in market research and inform the Subscriber of Beebu goods and services which may be of interest unless the Subscriber informs Beebu that they do not wish to receive this information.
14.3 The Subscriber has the right to ask for a copy of the data held about them by requesting in writing to the Customer Services Manager at Beebu’s registered office address. There may be a charge for this service of £10 including VAT as set out by the Information Commissioners Office.
14.4 The Subscriber agrees that Beebu could disclose any information in connection with the Subscriber’s accounts to anyone who correctly quotes their password or who has satisfied Beebu that they are the Subscriber or the Subscriber’s authorised contact.
14.5 Beebu may disclose information about the Subscriber’s account to its agents.
Neither Party will disclose to any third party without the prior written consent of the other Party any confidential information which is received from the other Party as a result of this Agreement. Both Parties agree that any confidential information received from the other Party will only be used for the purposes of providing or receiving the Services.
16.1 The Subscriber agrees to the disclosure to any telecommunications operating company of its name, address and details of the Service and/or Subscriber Equipment provided to it pursuant to this Agreement.
16.2 Any notice hereunder sent by either party to the other party shall be deemed served within forty-eight (48) hours.
16.3 Additional services may be added to this Agreement subject to the Subscriber’s written confirmation and acceptance by Beebu.
16.4 Where Subscriber Equipment is provided to the Subscriber by Beebu, then notwithstanding delivery and acceptance of the Subscriber Equipment, title in the Subscriber Equipment shall not pass to the Subscriber until completion of the contract, including notice period. If the contract is terminated early, for whatever reason, the Subscriber Equipment remains the property of Beebu.
16.5 Following any non-completion of the contract, Beebu reserves the right to request the safe return of the Subscriber Equipment undamaged and in good repair (except for reasonable wear and tear) from the Subscriber to Beebu at the Subscriber’s expense. Failure to comply with such request shall incur a full replacement charge plus VAT as quoted in Beebu’s available equipment price list for any mobile device.
16.6 Equipment must be returned to Beebu, in line with Clause 16.4 above, within twenty-eight (28) days of any disconnection, Porting or Migration.
16.7 Risk of damage to or loss of the Subscriber Equipment shall pass to the Subscriber upon receipt of the Equipment by the Subscriber.
16.8 The Subscriber shall be liable for the repair of equipment connected under this Agreement which becomes faulty or damaged and is outside the manufacturer’s warranty. All Subscriber obligations under this Agreement shall remain in force during any period where equipment is undergoing repair.
16.9 No delay, neglect or forbearance on the part of Beebu in enforcing any provision of this Agreement shall be deemed to be a waiver or create a precedent or in any way prejudice Beebu’s rights under this Agreement.
16.10 The Subscriber shall not obtain any intellectual property rights in relation to the System, the Service or the Subscriber Equipment as a result of this Agreement or the use of the System, Service or Subscriber Equipment.
16.11 Where there is a conflict between this Agreement and any other terms and/or conditions mentioned in or printed on any correspondence exchanged between the parties, this Agreement shall prevail unless expressly agreed otherwise and in writing.
16.12 If any non-fundamental provision of this Agreement shall be held to be void, illegal, unenforceable or conflict with any Statute, that clause or provision shall be severed from this Agreement; the validity and enforceability of the remaining clause(s) and provision(s) shall not be affected thereby.
16.13 References in this Agreement to persons shall include, but not be limited to, bodies Corporate, Unincorporated Associations and Partnerships. References to the singular shall include the plural and vice versa.
16.14 This Agreement shall be governed by and construed in accordance with English Law and any disputes will be decided only by the English courts..
16.15 Clause headings are for ease of reference only and do not govern or affect the construction or interpretation of this Agreement.
16.16 The Subscriber is responsible for any services and their associated costs that may be accessed via the Service Operator or Beebu and the terms and conditions that relate to those services.
Should you have any queries please contact our Customer Services Team on 0330 019 5989, on Live chat from our website www.beebu.co.uk or write to us at Beebu Mobile, 1 Barnes Wallis Road, Fareham, Hampshire, PO15 5UA, England.