NETWORK SERVICES LTD MOBILE BUSINESS AIRTIME AGREEMENT - TERMS & CONDITIONS V4.

1. Definitions and Interpretation: administration fee of £50.00 if suspension is due to the default of the Subscriber.
CALL CHARGE: means a predetermined charge unit of time, costed at the rates set out in the tariff sheets published by 7.3 During any technical failure, modification or maintenance of the Network, if the Services are suspended under this
4Com from time to time, which are available on request from 4Com. The initial call charges are those set out in the clause for a period of seventy two (72) hours or more, 4Com will on a pro-rata basis credit to the Subscriber any line
Agreement overleaf. rental or additional Services that may have been charged during the unavailability of the Network.
CONNECTION: means the connection of the mobile phone/Handheld device or SIM card to the Network. 8. Termination
CONNECTION DATE: means the date of the Connection. 8.1 Without prejudice to any other claims or remedies which 4Com may have against the Subscriber, 4Com may
CREDIT LIMIT: means a monthly financial limit applied for charges incurred under the agreement. terminate the Agreement by giving notice to the Subscriber with immediate effect in any of the following circumstances:
DATA CHARGE: means the pre-determined charge per megabyte of data costed at the rates set out in the tariff sheets. 8.1.1 if the Subscriber fails to comply with any of the terms of these Terms and Conditions including but not limited to
INVOICE DATE: means the same date as appears on the invoice raised by 4Com. failure to pay any charges due;
4Com; means 4Com Network Services Ltd of One Lansdowne Plaza, 24 Christchurch Road, Bournemouth, BH1 3NE. 8.1.2 if the Subscriber enters into a deed of arrangement or commits an act of bankruptcy or compounds with creditors
Registered in England No. 06472696. or if a receiving order is made against it (being a company) it shall pass a resolution or the court shall make an
GROUP: in relation to 4Com means 4Com Technologies Ltd, any company of which 4Com Technologies Ltd is a Subsidiary order that the Subscriber shall be wound up (otherwise than for the purposes of amalgamation or reconstruction)
(its holding company) and any other Subsidiaries of any such holding or if a receiver (including an administrative receiver) shall be appointed of any of the assets or undertaking of the
SUBSIDIARY: in relation to a company wherever incorporated (a holding company) means a “subsidiary” as defined in Subscriber or if the Subscriber suffers the appointment or the presentation of a petition for the appointment of an
section 1159 of the Companies Act 2006 and any other company which is a subsidiary (as so defined) of a company administrator or if circumstances shall arise which entitle the court or a creditor to appoint a receiver (including an
which is itself a subsidiary of such holding company; administrative receiver) or a manager or which entitle the court to make a winding-up order or if the Subscriber
MONTHLY CHARGE: means the relevant sum for access to the Network and provision of Services as provided in the takes or suffers any similar action in consequence of debt;
Agreement under Service Information or any additional Services requested. 8.1.3 if the Subscriber does or allows to be done anything which in 4Com’s opinion will or may have the effect of
NETWORK: means any telecommunications network available from 4Com. jeopardising the operation of the Services.
SERVICES: means the telecommunications services provided by means of the Network. 8.1.4 any license to operate or use the Network whether under the Wireless Telegraphy Act 1949 to 1967 or the
SIM Card: means the “Subscriber Identity Module” which is a unique card containing information and when used with Telecommunications Act 1984 or otherwise is revoked or terminated for any reason;
a mobile phone/Handheld device, enables access to the Services. 8.1.5 if the operation of the Network is terminated or if the provision of the Services to 4Com is discontinued;
SUBSCRIBER: means the Customer named overleaf. 8.1.6 if information supplied to 4Com by the Subscriber is false or misleading.
2. Connection to the Network and provision of the Services 8.2 4Com may Terminate the Agreement with immediate effect if the Customer is in breach of any provision of this Contract
2.1 Subject to the Agreement and these Terms and Conditions 4Com will connect and maintain the Connection of the and does not rectify the breach within fourteen (14) days of the Supplier’s notice of such breach.
mobile phone/Handheld device/SIM card to the Network and 4Com will use its reasonable endeavors to make the Services 8.3 Upon the Termination of the Agreement 4Com shall disconnect the mobile phone/Handheld device/SIM card from
available to the Subscriber throughout the Term (as specified in clause 4 below). the System. If 4Com in their sole discretion reconnect the Subscriber following such disconnection and such
2.2 The subscriber understands that the mobile phone/Handheld device number remains the exclusive property of 4Com disconnection arises as a result of circumstances set out in Clauses 8.1.1, 8.1.2 or 8.1.3, the Subscriber shall be
until the end of the Minimum Contract Term, and that at all times during the agreement and after, the Mobile hardware liable for the Connection Charge and the Agreement shall be deemed to continue.
remains the exclusive property of 4Com. 8.4 On Termination of the Agreement by 4Com under clauses 8.1.1, 8.1.2, 8.1.3 or 8.1.6 or by the Subscriber then the
2.3 The Subscriber acknowledges that 4Com charges calls to certain businesses (principally access call service providers Subscriber shall pay to 4Com immediately on demand:
which have been notified to it) at a premium rate or bars calls to such numbers. The Subscriber acknowledges this and (a) all charges payable up to the date of Termination; and
agrees to it. (b) a cancellation charge equivalent to the outstanding Monthly Charges for the remaining Minimum Term as stated
2.4 If you receive a monthly discount 4Com reserve the right to end this discount at any time without notice and the in the Agreement.
discount will not exceed the term overleaf and will be issued for no longer than 24 months if no term is stated. 8.5 In the event that a hardware fund has been established for the Subscriber then any monies due to the Subscriber
2.5 The discount you receive on mobiles is against your existing mobile line rentals only and not on upgrade offers from on Termination of the Agreement shall be determined on a pro rata basis for each month of the Agreement
your current provider and does not include discount on calls, data and international charges outside your allowance. completed prior to the Termination of the Agreement. Where all or part of the fund has been utilised at the time
Discount is pro rata on the number of agreed connections on the agreement. If connections are disconnected or leave of Termination of the Agreement then the Subscriber shall immediately pay to 4Com any proportion of the original
prior to the contract end date the discount therefore will be reduced accordingly. fund value due pro rata. The fund shall be managed by 4Com throughout the Term of the Agreement in accordance
2.6 The tariff and cost will be outlined over email by 4Com and the Subscriber acknowledges this and agrees to it. with the manner agreed between the Subscriber and 4Com.
2.7 If you have any numbers not coming over to 4Com and no longer require them it is your responsibility to cease them 8.6 In the event of early Termination of the Agreement if the Subscriber has received:
with your current provider not 4Com. The Subscriber acknowledges this and agrees to it. 8.6.1 free or reduced price hardware from 4Com then the Subscriber shall immediately pay to 4Com the difference
2.8 Unless otherwise stated on the Order Form the Mobile Network Services shall continue for a minimum term of between the actual price paid for the hardware and the price charged by 4Com in accordance with the monthly
twenty-four (24) months from each date of individual Connection or Upgrade or Tariff change in respect of the Mobile schedule of prices issued by 4Com from time to time;
Network Services. 8.6.2 a subsidy in the form of either money or hardware discount then the Subscriber shall immediately repay to 4Com
(“Minimum Term”). This Contract shall continue indefinitely thereafter until terminated by either Party giving not less the money or value of the discount of the hardware; and
than thirty (30) days’ prior written notice, such notice not to terminate the Contract prior to the expiry of the Minimum 8.6.3 a free or reduced monthly charge then the Subscriber shall immediately repay to 4Com the difference between the
Term. base Monthly Charge and the actual charge paid by the Subscriber subject to such payment being pro rata for the
3. Charges and Payment period of the Term from commencement to Termination.
3.1 The Tariff chosen by the Customer in respect of the Mobile Network Services on commencement of this Contract will 9. Transfer of Liability
remain the minimum Tariff selected for the Minimum Term and the terms and conditions relating to the selected Tariff 9.1 4Com may at any time assign its rights under the Agreement to any third party.
shall apply. 9.2 The Subscriber whether selling or otherwise, cannot transfer their obligations to pay charges or bring the
3.2. Without prejudice to condition 3.3, 4Com may on not less than fourteen (14) days’ notice to the Customer, change the Agreement to an end. Any other transfer should be notified to 4Com in advance for 4Com to accept or otherwise
rates in any Tariff or price list, such change not to become effective during the Minimum Term of the relevant Mobile as it sees fit. If a new user of the mobile phone/Handheld device/SIM card is accepted by 4Com and enters into a
Network Service unless the change arises due to: new Agreement, satisfactory to 4Com, it is 4Com’s policy to release the existing Subscriber from liability from future
3.2.1. a change in the costs to 4Com due to a requirement or direction of OFCOM; and/or charges.
3.2.2. a change in the costs charged to 4Com by its suppliers. 9.3 4Com’s acceptance of payment from another person other than the Subscriber does not imply that 4Com has
3.3. 4Com will increase the monthly subscription charges for the Mobile Network Services in April of each year following the amended any of the rights or obligations of the Subscriber.
Commencement Date by the increase (if any) in the Rate of RPI. 10. Variation
3.4 Payment is due fourteen (14) days from the invoice date by Direct Debit, unless otherwise specified. 10.1 4Com may change these Terms and Conditions (including the charges) at any time. 4Com will publish details of
3.5 All charges must be paid in full without deduction, set off or withholding. such changes on 4Com’s website www.4com.co.uk at least two weeks before the change is to take effect.
3.6 The Subscriber will be asked to pay the Monthly Charge in advance, dependent upon the particular tariff rate, this may 11. Data Protection
be one or two months Monthly Charge. Call charges will be paid one month in arrears. The Subscriber acknowledges that details of the Subscribers name, address and payment record may be submitted
3.7 Ordinarily, 4Com will invoice on a monthly basis, where possible on the same date each month. 4Com reserves the right to a credit reference agency.
to amend the date and frequency of the invoices and to submit interim invoices if it so chooses. All invoices will be 12. Miscellaneous
submitted via email. 12.1 Each and every mobile phone/Handheld device/SIM card and ancillary service connected by 4Com to the Network
3.8 Value Added Tax is payable on all charges levied by 4Com unless otherwise specified. shall be governed by these Terms and Conditions.
3.9 4Com reserves the right to withhold or withdraw discounts on any invoices that remain unpaid in accordance with 12.2 The Subscriber must promptly advise 4Com of any change of address in writing and by recorded delivery. Any
clause 3.1 notice hereunder sent by 4Com to the Subscriber shall be deemed to be served within 48 hours of posting to the
3.10 During the Term 4Com may ask for a deposit as security for payment in respect of additional Services to be provided. last address notified in writing to 4Com by the Subscriber.
The Subscriber may request the return of any deposit at the expiry of the Minimum Term as stated in the Agreement, 12.3 The Subscriber must notify 4Com immediately if the SIM Card is stolen or lost.
but the decision to return any monies prior to termination of the Agreement is at the discretion of 4Com. 12.4 4Com reserves the right to add to the Agreement, the reasonable costs incurred in recovering any outstanding
3.11 4Com reserves the right to set off any deposit against any amounts due and owing by the Subscriber to 4Com (including debt due from the Subscriber.
but not limited to the Agreement). 12.5 4Com will use reasonable endeavors to co-operate with any reasonable request from the Subscriber to transfer
3.12 4Com reserves the right to review the Credit Limit applicable to the Agreement and if the total charges under the any telephone numbers allocated to the Subscriber hereunder to another service provider upon Termination of
Agreement exceed the Credit Limit 4Com shall be entitled to demand immediate repayment of whole or part of the this Agreement or from one network to another network in either case upon the Subscriber paying 4Com’s
total charges outstanding. reasonable costs or charges incurred in complying with that request. Any such request shall be made in the form
3.13 If the Subscriber fails to pay any part of the aforesaid charges in accordance with these Terms and Conditions, 4Com prescribed by 4Com from time to time and shall be made subject to the Terms and Conditions.
reserves the right to charge interest at the rate of 4% above the base rate of National Westminster Bank PLC 12.6 The Subscriber agrees that these Terms and Conditions (and any Service Level Agreement or specifications where
calculated from the invoice date until the date of actual payment. applicable) shall govern the Agreement between 4Com and the Subscriber to the exclusion of any other Terms and
3.14 4Com reserves the right to vary payment terms in the event of the Subscriber failing to pay any Charges in accordance Conditions oral or written and all representations or communications between the parties relating to the subject
with these Terms and Conditions or 4Com having concerns about the Subscriber’s financial situation and their ability to matter of the Agreement.
pay the Charges. 12.7 The invalidity, illegality or unenforceability of any provision of these Conditions should not affect the other
3.15 The Subscriber shall indemnify 4Com, and keep 4Com indemnified, fully from and against all liability, loss, damage, Conditions of the Business Airtime Agreement
costs and expenses of any kind whatsoever arising from or in connection with any charges due to 4Com, or the Network 12.8 A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act
Provider direct from the Subscriber for the supply of Services including (but without limitation) connection charges, 1999 to enforce any Term of this Agreement. This clause does not affect any right or remedy of any person which
monthly access charges, call charges and all other valid charges rendered from time to time. exists or is available otherwise than pursuant to that Act.
4. Term 12.9 The Agreement (and any proceedings whereby one party might be entitled to join the other as a third party) shall
4.1 Each mobile phone/Handheld device number connected shall have the Minimum Term as stated in the Agreement. be governed by and construed in all respects in accordance with English law and the parties hereby submit to the
4.2 The Agreement shall commence on the date of supply of the mobile phone/Handheld device Services and shall continue exclusive jurisdiction of the English courts.
thereafter unless suspended or terminated:- 12.10 4Com does not maintain any blue tooth devices and is not responsible for the non pairing of any devices. This is
4.2.1 At any time by 4Com giving notice under clause 7(suspension) and clause 8(termination) solely an issue for the device manufacturers.
4.2.2 By the Subscriber giving not less than thirty (30) days prior written notice to 4Com following the Minimum Agreed
Term- (24 months from commencement date).This notice must coincide with the anniversary of the commencement
date or any subsequent anniversary thereof, such notice to be sent to 4Com’s place of business via Recorded Delivery.
4.2.3 At any time that the subscriber requests to be moved to another airtime provider (Network) they will automatically
enter into a new 24 month term with 4Com and said provider from the date the service with the new airtime provider
commences.
5. Warranties and Liabilities
5.1 Except as expressly provided in these Terms and Conditions all warranties, conditions or other terms (whether
expressed or implied by statute or common law or otherwise) as to the quality of the Services or their fitness for any
particular purpose are hereby excluded to the fullest extent permitted by law.
5.2 4Com shall not be liable for any indirect or consequential costs, claims damages or expenses arising out of any
negligent or tortuous act or omission or any breach of contract or statutory duty.
5.3 4Com shall not be liable or be deemed to be in breach of its obligations by reason of any delay in performing or failure
to perform any of its obligations if the delay or failure was due to any cause beyond the reasonable control of 4Com.
5.4 It is the subscribers responsibility to take out insurance if they wish 4Com don’t offer insurance and are in no way liable
for lost/damage caused to the handset(s) and the Subscriber acknowledges this and agrees to it.
6. Use of the Services via the Mobile Phone/Handheld Device/SIM Card
6.1 The Subscriber should be aware that the current statutory provisions relating to wireless telegraphy and
telecommunications services apply to the use of the Services via the mobile phone/Handheld device/SIM card and in
addition the Subscriber must:
6.1.1 generally observe the Wireless Telegraphy Acts 1949 to 1967, the Telegraphy Act 1984, other relevant legislation, statutory
instruments, and comply with any directions made by the Director General of the Office of Telecommunications or the
Secretary of State;
6.1.2 not use or allow others to use the Services for any improper immoral or unlawful purpose;
6.1.3 not act or omit to act in any way which may injure or damage any persons property or the Network or howsoever cause
the quality of the Services to be impaired;
6.1.4 comply with any reasonable instructions issued by 4Com which concern the Subscriber’s use of the Services or mobile
phone/Handheld device/SIM card;
6.1.5 provide 4Com with all such necessary information that 4Com may reasonably require;
6.1.6 only use the mobile phone/Handheld device/SIM card supplied under the agreement which is approved for use with
the Network.
6.2 The Subscriber should recognise that the Services may from time to time be adversely affected by local geography,
topography and/or atmospheric conditions and/or other causes of interference.
6.3 The Subscriber acknowledges that Roaming Services are provided using third party networks and that the availability
and performance of such Roaming Services is outside of 4Com’s control. 4Com shall have no liability whatsoever to the
Subscriber whether in contract, tort or otherwise (including negligence) arising out of or in connection with the use of the
Roaming Services.
7. Suspension
7.1 4Com may from time to time and without notice suspend the Services (and at 4Com’s discretion disconnect the mobile
phone/Handheld device/SIM card from the Network) ) and any other services provided to the Subscriber by 4Com or a
member of 4Com’s Group (“Other Services”) in any of the following circumstances without prejudice to the liability of
the Subscriber to continue to pay the Minimum Charge:
7.1.1 if the Subscriber fails to comply with any of these terms and conditions (including but not limited to failure to pay any
charges when due) until the failure to comply is remedied to 4Com’s satisfaction;
7.1.2 if the Credit Limit for this Agreement is exceeded;
7.1.3 if the Subscriber allows to be done anything which in 4Com’s opinion may have the effect of jeopardising the operation
of the Services;
7.1.4 if the Subscriber fails to pay 4Com any sum or sums due to 4Com, and/or any suppliers or fitter in respect of the
cost of supply and/or fitting of the mobile phone/Handheld device/SIM card or any part thereof; or
7.1.5 if in the absolute discretion of 4Com the Services are being used in a manner prejudicial to the interest of the
Subscriber and/or 4Com and/or the Network.
7.2 If 4Com in their sole discretion reinstate the Services following suspension the Subscriber may be liable for an