Pre Pay Mobile (Not available to new customers after 31 May 2007)

The standard C&W GSM pre pay service provides a GSM mobile service when attached to the Home Network only, with all payments based on the advanced purchase and Activation of Pre Pay Call Vouchers.

The service provides for traffic in speech, and Short Message Service (SMS) text messaging, picture messaging and provides access to the Internet if You use a suitable handset.

There is an optional feature that can be made available called Roaming. This enables the mobile to be used on certain GSM networks in certain countries around the world. Payments for use of this optional feature are based on a monthly account from C&W with payments from You made to C&W by Direct Debit. To be given access to this feature You will be required to sign an agreement with C&W and set up a Direct Debit mandate to C&W.

SECTION 1 – Service Specific Terms and Conditions

These C&W Service Specific Terms and Conditions should be read in conjunction with the C&W General Terms and Conditions. Where there is conflict these Service Specific Terms and Conditions supersede the General Terms and Conditions.

1. Definition and Interpretation

The C&W General Terms and Conditions include definitions. These definitions are in addition:

"Acceptable Use Policy"refers to a separate C&W document showing the rules and etiquette governing Our customers in their use of the Internet, which can be viewed on Our website at www.cwguernsey.com

Activation" means the process completed by You to add credit to Your pre pay account, associated with the purchase of a Pre Pay Voucher by You

"Content" means data, information, software, photographs, video, graphics, music, sound and any other material appearing on or available through the provision of the Service to You including, without limitation, news, travel, sport and share price information supplied by Us or by other content providers from time to time and which is received by You through the use of the Service

"Data Card" means a PCMCIA GPRS Modem manufactured by a third party supplier that, when used in conjunction with a laptop or similar PCMCIA compatible device, enables access to the Internet over GPRS/EDGE

"Directory Enquiry Service" the any directory information service which is operator assisted and involves the operator looking up entries on a database

"EDGE" means Enhanced Data rates for Global Evolution. It is an enhancement to the GPRS network that provides data transmission up to 384 Kbps

"GPRS" means the standard for wireless communications, which runs at speeds up to 115 kilobits per second known as General Packet Radio Service

"GSM" means the digital mobile system known as Global System for Mobile Communications

"Home Network" means the C&W Guernsey mobile Network that provides service limited to the areas in and around the Islands of the Bailiwick of Guernsey

"Internet" means the global information system consisting of a large number of interconnected computer networks that communicate though the use of TCP/IP network protocols; commonly referred to as the World Wide Web

"Laptop" means a portable personal computer or other access device that You may use to access Our GPRS/EDGE Telecommunications Network

"Mobile Email" means email collected and sent using Our GPRS network. Any mail server to which You subscribe can be accessed as long as it provides POP and SMTP access

"Mobile Phone Equipment" means a handset and a SIM card when using GSM and other associated equipment

"Multi-media Messaging Service" "MMS" means a descendant of SMS (Short Messaging Service) which extends text messaging to include longer text, graphics, photos, audio clips, video clips or any combination of such within certain size limits

"PIN" means the Personal Identity Number assigned to the SIM Card. When enabled, the PIN is required in order to connect to Our GPRS/EDGE Network using Your SIM Card. When disabled You can use Your SIM Card without entering a PIN. The PIN is disabled by default

"Pre Pay Voucher" means the method used by You to purchase use of the Service from Us in advance

"Roaming" means the ability to use the services of another Telecommunications Network with which Cable & Wireless Guernsey has a roaming agreement

"Service Delivery Date" means the date on which We make Service ready for use

"SIM Card"means the Subscriber Identity Module containing data (including Your identity), which has been supplied to You by Us

"SMS" means the Short Message Service also commonly known as 'text messaging'

"Telephone Directory" means a telephone directory published from time to time

2. Provision of Service

2.1 If You want Us to provide Your name, address and Service Number for publication in a Telephone Directory and make the Service Number available from a Directory Enquiry Service provided by Us and / or a third party You should complete a directory entry form. The Telephone Directory Service Specific Terms & Conditions apply and additional charges may apply if You request additional or special entries.

2.2 You must provide true, accurate, current and complete information when registering and notify Us immediately of any changes or mistakes in such information.

2.3 You must have a suitable Data Card or handset in order to access certain Services. Not all Data Cards or handsets are suitable for use on the GPRS/EDGE network.

2.4 You must have a compatible Laptop or similar compatible device in order to access certain GPRS/EDGE Services. Not all Laptops can support access to the GPRS/EDGE Service.

2.5 We will not accept any responsibility for failure to provide You with the Service if Your handset is not compatible with the GPRS/EDGE network, or any future technology required for a specific service, regardless of whether that handset was purchased directly from Us or from any other handset supplier.

2.6 We will be able to provide You with details of the technical requirements and specifications that Your handset will need in order for You to be able to use it with the Services.

2.7 The Service is available throughout the Bailiwick of Guernsey.

2.8 Access to the GPRS/EDGE Service outside the Bailiwick is only available where We have put in place appropriate roaming agreements with other telecommunications service providers. The locations in which You can use the data Services are set out at www.cwguernsey.com. Additional charges will be incurred when using the data Services outside the Bailiwick. These additional charges will be deducted from the balance of credit on Your account.

2.9 We have no control of the Content or appearance of any Internet sites that You may choose to access using the data Services. You are free to access these sites but We accept no responsibility for their Content or quality of service.

3. Use of Service

3.1 You have no right to sell or transfer the Service Number.

3.2 The C&W Acceptable Use Policy applies to the use of the data Service for access to the Internet. The Acceptable Use Policy is available on the C&W website at www.cwguernsey.com.

4. Term of Service

The Service provided under this Agreement is controlled by You by the purchase and initialisation of Pre-Pay Vouchers, unless terminated under the provisions of paragraph 8. The operational features of the Pre-Pay Vouchers are listed in Our Price List.

5. Interconnection

5.1 If the Service requires Interconnection with Other Licensed Operators then We are only responsible and liable for the part of the
Service under Our direct control.

5.2 We may suspend or terminate Service immediately, without notice, if any other part of the service is terminated or suspended.

6. Charges

6.1 Call charges will be calculated, except where We otherwise determine, using the details recorded at Our telephone exchange or provided to Us by another Licensed Operator.

6.2 The call duration shall be the duration of the establishment of the means of communication.

7. Payments

7.1 Payments to Us for all aspects of the Service when used within the Bailiwick are made in advance by Your purchase and Activation of Pre-Pay Vouchers. The conditions under which the Pre-Pay Vouchers operate are detailed in Our Price List.

7.2 Payments to Us for all calls, SMS, MMS and Internet usage while Roaming outside of the Bailiwick will be charged to You by a monthly account and paid to Us by direct debit.

7.3 Payments to Us for use of SMS and MMS when Roaming outside of the Bailiwick, will be split into tow elements relating to the combined payment methods described in 7.1 and 7.2 above.

8. Termination

8.1 We may terminate this Agreement by giving You at least one months notice.

8.2 You may terminate this Agreement at any time by ceasing to purchase any further Pre-Pay Vouchers. Voucher expiry conditions are listed below.

8.2.1 To maintain an account and for Your Pre-Pay service to remain connected to the network, You must keep Your Pre-Pay account topped -up. Details on the top-up service requirements can be found by calling on +44 (0) 1481 700800 and at www.cwguernsey.com. A leaflet explaining the Service may be provided on request.

8.2.2 When Your credit and time limit has expired, Your account will enter the suspended state, where You will only be able to receive calls and make emergency number calls. The suspended period is 30 days, after which You will enter the disabled state. This is where You cannot receive or make calls (other than to emergency numbers).

8.2.3 In the disabled state You have a further three months to top-up Your account, but to do this You must call Our Contact Centre on +44 (0) 1481 700800. Failure to top-up Your account after this time will result in Your Pre-Pay account being ceased and Your SIM card being disconnected from the C&W mobile network. In this case Your phone number and any outstanding credit will be lost.

8.2.4 We may suspend the service or disconnect any SIM card from the network without warning if:

a) the network breaks down or needs maintenance. We will make every effort to stop this happening;

b) You do not, or someone using Your SIM card does not keep to these conditions, or any other agreement with Us; or

c) You, or anyone who uses Your SIM card, damages the Telecommunications Network or puts it at risk, or abuses or threatens Our staff.

9. Mobile Phone Equipment

Your Mobile Phone Equipment must only be used with Our Service as directed under The Telecommunications (Bailiwick of Guernsey) Law 2001 and in a way that meets all relevant standards and instructions applicable to You. If Your Mobile Phone Equipment does not comply with the above then You must disconnect it immediately or allow Us to do so at Your expense.

10. Restrictions on Use

10.1 We may from time to time give You instructions about the use of Service that We reasonably believe are in the interests of health, safety or quality of service to You or other customers and You will comply with all such reasonable instructions.

10.2 The Service may only be used in accordance with the Telecommunications (Bailiwick of Guernsey) Law 2001 and any instructions that We may notify to You.

10.3 The Service shall not be used:

10.3.1 for any communication that is grossly offensive or of an indecent, obscene or menacing character;

10.3.2 for the purpose of causing annoyance, inconvenience, grievance or needless anxiety to another by sending messages that are know to be false or of a persistent nature; or

10.3.3 in breach of instructions We have given under paragraph 8.1 or in breach of the Acceptable Use Policy.

10.4 We may give You immediate notice and suspend provision of the Service:

10.4.1 if it is used in a manner that materially harms the integrity, security or interoperability of the Telecommunications Network;

10.4.2 is used with equipment that is not approved for connection to the Telecommunications Network;

10.4.3 under the direction of a competent authority, if it is used in a manner, or in relation to, the commission of offences against the laws of Jersey; or

10.4.4 if it is used in a manner that breaches clause10.3 above.

11. Security

11.1 You acknowledge that You are responsible for ensuring that no unauthorised access to the Service is obtained using Your account and that You are liable for all such activities conducted through Your Service whether authorised or not.

11.2 It is possible to enable PIN protection on Your SIM Card in order to restrict unauthorised access. If a PIN has been enabledYou, as the user of the Service, will:

11.2.1 keep Your PIN secure and not let it become public knowledge and ensure that Your PIN will not be stored anywhere in an unencrypted format;

11.2.2 provide true, accurate, current and complete information when registering and notify Us immediately of any changes or mistakes; and

11.2.3 if Your PIN becomes known to any unauthorised user You will inform Us immediately and change Your PIN as soon as possible.

11.3 You are responsible for the security and use of any password or PIN numbers used with the Service. You are advised not to save them in plain text format or use caching systems such as the password cache in Your web browser. We will not be held liable for any loss that You may suffer as a result of Your failure to comply with this clause.

11.4 We make every effort to ensure the security of Your communications. You are however advised that for reasons beyond Our control, there is a risk that Your communications may be unlawfully intercepted or accessed by someone other than the intended recipient. Although Your communications over the air interface with Our systems are secure and encrypted, We have no control over the security of third party networks. Please note when using the Internet, that the Internet is not a secure environment; unwanted programs or material may be downloaded without Your knowledge. These programmes may perform actions that You have not authorized and possibly without Your knowledge. You are responsible for protecting Your equipment and data against these types of programs.

12. Liability

12.1 We are not responsible for the Content of any material made available and/or accessible by use of the Service.

12.2 We reserve the right to disclose Your name, telephone and/or facsimile number and/or email address to any person making any complaint or enquiry in relation to the use of the Service.

12.3 If any information provided by You is untrue, inaccurate, not current or incomplete, We have the right to terminate Your Service and refuse any and all current or future use of the Service.

12.4 We do not undertake to provide any other services to You under these terms and conditions other than the provision of the pre pay Services and do not accept any responsibility for any computer, telephone or other equipment used by You to access the Service. The provision of such services may be covered by other relevant terms and conditions.

12.5 We are not liable in any way for any activities of You in particular but not limited to any acts which under the laws of any jurisdiction infringe any third party's intellectual property rights (including the use of any Domain Name), infringe obscenity laws, constitute threats, are in any way defamatory or are illegal in any other way.

12.6 You agree to indemnify Us and hold Us blameless in relation to any claim brought by third parties located in any jurisdictions (whether governments, corporate bodies or private individuals) alleging that any use of the Service by You is unlawful or infringes any rights held by such entities. You shall immediately notify Us in writing of any such claims of which You become aware and We may elect to defend such claims. You agree to offer all reasonable assistance to Us in defending such claims at Your sole expense.

12.7 You agree to pay all costs, damages, awards and professional fees of any kind incurred in relation to any claims made against You or against Us relating to Your use of the Service.

12.8 We will use reasonable endeavours to maintain the quality of the Service and to ensure the Service is available at all times but make no warranties regarding availability or quality of the same and are not liable for any loss of any nature suffered by You or any third party as a result of any event outside the control of Us and in any event are not liable for any loss suffered by You or any third party as a result of any interruption to the Service lasting less than 3 (three) days. You acknowledge that We are not responsible for maintaining any insurance cover of any nature to cover loss by anyone other than Ourselves.

12.9 We are not responsible for maintaining any site or address on the Internet other than Our own site and address and We do not warrant or represent the continued availability of any other site or address. You are responsible for obtaining any insurance, which You may require for any potential loss which You may suffer through the unavailability of the Service.

12.10 You acknowledge that by entering into any contract or other obligation with any third party through the C&W Pay Monthly Service, We will neither become a party to such arrangements nor assume any liability there under. You acknowledge that the use of the Internet is solely at Your own risk and subject to all applicable national and international laws and regulations. We have no responsibility for any information or other services obtained by You on the Internet.

13. Intellectual Property Rights

13.1 All copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) contained in the Service or the Internet access software that You use to access the Service is either owned by Us or has been licensed to Us by the rights owner(s) for use with the provision of the Service. You are only allowed to use the Service as set out in these Terms and Conditions.

13.2 The word or mark "Cable & Wireless" however represented, including stylised representations, all associated logos and symbols, and combinations of any of the foregoing with another word or mark, are the trade marks of Cable & Wireless or one of the Cable & Wireless Group companies or third parties. ALL RIGHTS RESERVED.

14. General Terms and Conditions

You should refer to the C&W General Terms and Conditions for additional clauses under each of the above headings and for the following:

Special Provision of Service	Fault Repair	Relocation and Reconfiguration
Temporary Service	Cancellation	Suspension
Call Monitoring and Recording	Information and Permissions	Complaints and Arbitration
Assignment	Copyright	Duration and Entire Agreement
Indemnity	Law	Liability
Matters Beyond Reasonable Control	Notice	Use of Information
Severability	Variation	Waiver

SECTION 2 – Service Schedule

Cable & Wireless Guernsey Service Level Schedule defines the standard level of Fault response and provision target times for the Pre Pay Mobile Telephony Services within the Bailiwick.

Standard Service

Provision of Service Pre Pay Telephony Services

Pre Pay Services	Immediately upon purchase of All Talk SIM pack

We will provide You with the Service on the terms and conditions as stated.

Requests made to us relating to the provision of Service must be made in writing to:

Cable and Wireless Guernsey Limited

PO Box 3
Upland Road
St Peter Port
Guernsey
GY1 3AB

Or call (01481) 700700

Fault Support Pre Pay Telephony Services

Fault Support	Via Our Contact Centre on 151 or 01481 700800 24 hours a day.
Fault Cover	Normal Working Hours 0800 – 1700 hours Monday to Friday. Excluding Public/Bank Holidays
Fault Response	Within 8 hours of receipt of Fault report – in Normal Working Hours only.
Clear	C&W GSM and Pre Pay network Faults - Resumption of service by the end of the next working day. Roaming Faults are typically cleared within 5 working days (subject to foreign operator's co-operation)

You may report Faults to Us at any time by dialling service code 151. Where a resolution cannot be made at the time of reporting then We will ask You to provide Us with a contact telephone number to enable progress on Fault clearance to be made.

We will:

1. provide advice by telephone

2. carry out tests and diagnostics on the service

3. work to resolve the Fault within the agreed time period as stated in the schedule

If We respond and work on a reported Fault and it is subsequently found not to be a Fault with Our service then a charge will be made based on the applicable rate defined in the Price List for the Service.

Attention to Faults outside of the stated time will be charged at the Cable & Wireless Guernsey applicable rate defined in the Price List for the service.