SURE PAY
AS YOU GO MOBILE SERVICE SPECIFIC TERMS AND
CONDITIONS
SURE
FROM C&W – PAY AS YOU GO MOBILE SERVICE PRODUCT
DESCRIPTION
The standard C&W
(Sure) pay as you go mobile service (the Service)
provides a mobile service when You are in the Channel Islands and
the Isle of Man or roaming in a country with which We have a CAMEL
roaming agreement, with all payments based on the advanced purchase
and Activation of pay as you go call credit via electronic top-up
(e Top up).
The Service provides for
traffic in speech, Short Message Service (SMS) text messaging,
picture messaging and provides access to the Internet if You use a
suitable handset. The tariff option of Your choice can be
enhanced by subscription to a Booster which will give You
additional inclusive services or call discounts for a set
fee. Promotional offers will also be available to customers
that subscribe for the pay as you go Service from time to
time. Details of the standard pay as you go Service tariff
options, Boosters and promotional offers will be published on the
Internet at www.surecw.com.
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.surecw.com
"Activation" means the process completed by You to
add credit to Your pay as you go account via electronic top-up (e
Top up)
"Booster"
means an option to pay a monthly charge, which gives You additional
Inclusive Texts, Inclusive Picture Messages, Inclusive Minutes,
Inclusive Data, call discounts or any other additional feature
described by Us as a Booster, according to the specific 'Booster
You have chosen
"CAMEL
Roaming" means the ability to use Your handset in any
country where We have signed a CAMEL roaming agreement with at
least one operator. We may change the countries in which
CAMEL Roaming is enabled at Our sole discretion. Information
on CAMEL Roaming will be made available on Our web site at
www.surecw.com.
"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 an external GPRS or EDGE Modem manufactured
by a third party supplier that, when used in conjunction with a
laptop or similar compatible device, enables access to the Internet
over GPRS or EDGE
"Directory Enquiry
Service" means 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 170 Kbps
"e Top
up" means the method of electronic top-up that is used by
You to purchase use of the Service from Us in advance
"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
"Inclusive
Minutes" or "Inclusive Texts" or
"Inclusive Picture Messages" or "Inclusive
Data" means the free minutes for Calls, free texts,
picture messages or data that may be included with the e Top up
from time to time. Inclusive Minutes, Inclusive Texts, Inclusive
Picture Messages or Inclusive Data can be used at any time of day
for Calls, texts, picture messages or data made within the Channel
Islands or Isle of Man
"Internet" means the global network that links
millions of computers, using phone and cable links. This
provides World-wide communications to homes, schools, businesses
and governments. The WWW runs on the Internet.
"Laptop"
means a portable personal computer or other access device that You
may use to access Our GPRS/EDGE Telecommunications Network
"Maximum Usage
Limit" means the maximum number of Inclusive Minutes,
Inclusive Texts, Inclusive Picture Messages or Inclusive Data
included with a e Top up or Booster, details of which are published
at www.surecw.com
"Mobile
Email" means email collected and sent using Our GPRS/EDGE
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 an alternative to 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
"Roaming" means the ability to use the
services of another CAMEL enabled Telecommunications Network with
which We have a roaming agreement
"Service Delivery
Date" means the date on which We make Service ready for
use
"Shortcode
SMS" means the method used by You to access the premium
rate service of a third party content provider. You can send
an SMS to a 5 digit number (the "Shortcode")
beginning with the number '5, 6, 7 or 8'. The length of the
Shortcode and the starting digit may change from time to time
"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'. A chargeable unit is up to 160 characters
long. If an SMS exceeds 160 characters it will be charged in
multiples of the unit charge.
"Sure Live
Portal" means the portal provided by Us from which You may
purchase JAVA games etc for which You will be charged directly by
Us
"Telephone
Directory" means a telephone directory published from time
to time
"Usage
Limit" means the limit of Inclusive Minutes, Inclusive
Texts, Inclusive Picture Messages or Inclusive Data that may apply
to an e Top up, including the limit that applies to any Booster for
which You subscribe
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 Channel Islands and the Isle of
Man.
2.8 Access to
the GPRS/EDGE Service outside the Channel Islands or the Isle of
Man 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 will be set
out at www.surecw.com. Additional charges will be incurred when
using the data Services outside the Channel Islands or the Isle of
Man. These additional charges will be deducted from the
balance of credit on Your account. As at October 2007 data
Services are not available outside of the Channel Islands or the
Isle of Man for Sure pay as you go customers.
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
http://www.cwguernsey.com/.
3.3 You
acknowledge that any additional usage above the Usage Limit will be
subject to charging at the applicable rate.
4. Term
of Service
The Service provided under
this Agreement is controlled by You by the purchase and
initialisation of PAYG e Top up, unless terminated under the
provisions of paragraph 8. The operational features of the PAYG e
Top up 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, apart from Boosters and
downloads from the Internet, are made in advance by Your purchase
and Activation of e Top up. The conditions under which the e Top up
operate are detailed in Our Price List.
7.2 Charges for
any Booster which You choose will start on the Service Delivery
Date, unless:
7.2.1 We notify You of a later date for the
start of the Booster when charges will be payable from; or
7.2.2 You use the Booster before the
Service Delivery Date, in which case charges will be payable from
the date You first use the Booster.
7.3 Charges
will be collected on a monthly basis. The amount of money
left in Your pay as you go account will be reduced automatically by
Us by the value of the monthly charge as long as Your account is
active.
7.4 It is Your
responsibility to ensure that sufficient credit is available to
cover the monthly charge for the Booster. If there is
insufficient credit We will still debit the whole monthly charge
and Your account will go into negative balance. If the
negative balance reaches £15 or more Your pay as you go account
will be disabled and You will be unable to make or receive Calls
(except emergency Calls) or send or receive texts. It will be
necessary for You to call Our Contact Centre on 700700 and ask for
Your pay as you go account to be reactivated. It will also be
necessary for You to purchase an e Top up of sufficient value to
cover the negative balance and put Your pay as you go account in
credit before You will be able to make or receive Calls or send or
receive texts.
7.5 If Your pay
as you go account is suspended, the provision to You of the Booster
will also be suspended.
7.6 You must
pay Us the connection charge (if any) when You first subscribe for
the Booster.
7.7 Payment of
additional charges, which may include weekly charges and download
charges, apply for certain Services including, but not limited to,
MMS, JAVA Games and Polyphonic Ringtones that You purchase from the
Sure Live Portal. Payment will be taken immediately by Us from the
balance on Your pay as you go account. If You purchase such
items from a mobile Internet portal or other Internet site that is
not run by Us then You will be charged by the third party that
provides that service.
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 e Top-up. Top-up 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 700700 and at www.surecw.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 10.1 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
Guernsey; 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 pay as you go
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 as you go 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" and "Sure" 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: