SURE MOBILE
ALL-IN-ONE SERVICE SPECIFIC TERMS AND
CONDITIONS
SURE
FROM C&W – ALL-IN-ONE MOBILE SERVICE PRODUCT
DESCRIPTION
The Sure All-In-One mobile service (the
'Service') provides a mobile service when You are in the Isle of
Man or the Channel Islands, or roaming in a country with which We
have a CAMEL roaming agreement. There is a one-off payment
that provides 50 Inclusive Minutes and 100 Inclusive Texts per
month (the "Maximum Usage Limit") for 12 months. For usage
above the Maximum Usage Limit, picture messaging and access to the
Internet and all usage after the first 12 months, payments are
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 Service
from time to time. Details of the standard 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, or an
online directory
"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 Service from time to time. Inclusive
Minutes, Inclusive Texts, Inclusive Picture Messages or Inclusive
Data (if applicable) can be used at any time of day for Calls,
texts, picture messages or data made within the Isle of Man and the
Channel Islands
"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 the Service, an 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 the 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 time2. Provision of
Service2.1 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 handset in order to access certain services. Not all
handsets are suitable for use on the GPRS/EDGE network.2.4 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.2.5 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.2.6
The Service is available throughout the Isle of Man and the Channel
Islands.2.7 Access to the GPRS/EDGE
Service outside the Isle of Man and the Channel Islands 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 Isle of Man and the Channel Islands.
These additional charges will be deducted from the balance of
credit on Your account. As at October 2007 Sure All-In-One data
services are not available outside of the Isle of Man and the
Channel Islands for Sure All-In-One customers.2.8 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 Service3.1
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.surecw.com/.3.3 You acknowledge that any additional usage
above the Maximum Usage Limit will be subject to charging at the
applicable rate.4. Term of
ServiceOther
than the Inclusive Minutes and Inclusive Texts that apply for the
first 12 months, the Service provided under this Agreement is
controlled by You by the purchase and initialisation of e Top up,
unless terminated under the provisions of paragraph 8. The
operational features of the e Top up are listed at
surecw.com.5.
InterconnectionIf 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.6.
Charges6.1
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.6.3 Sure Top Up Rewards do not apply to All-In-One e Top
up.6.4 Usage charges are the same as
those that apply to the Sure pay as you go service and are
available at www.surecw.com.7.
Payments7.1
There is an initial one off payment for the Service, which provides
50 Inclusive Minutes and 100 Inclusive Texts (the Maximum Usage
Limits) each month for 12 months, starting from when the first Call
or text is made or received using the SIM. Unused Inclusive Texts
or Inclusive Minutes at the end of a month are rolled over for one
month.7.2 Payments to Us for all usage
above the Maximum Usage Limits, and all usage after the first 12
months 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 operates are available at
surecw.com.7.3 Charges for any Booster
which You choose will start on the Service Delivery Date, unless We
notify You of a later date for the start of the Booster when
charges will be payable from.7.4
Charges for Boosters will be collected on a monthly basis (where
relevant). The amount of money left in Your All-In-One account will
be reduced automatically by Us by the value of the monthly charge
as long as Your account is active.7.5
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 All-In-One 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 07624 247247 and ask for Your
All-In-One 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 All-In-One account in credit before
You will be able to make or receive Calls or send or receive
texts.7.6 If Your All-In-One account
is suspended, the provision to You of the Booster will also be
suspended.7.7 You must pay Us the
connection charge (if any) when You first subscribe for the
Booster.7.8 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 All-In-One 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.
Termination8.1
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
after Your Inclusive Minutes and Inclusive Texts have been used.
Top-up expiry conditions are listed below.8.2.1 At the end of the first 12 months, or at anytime
when You want to use the Service other than the Inclusive Minutes
or Inclusive Texts You must keep Your All-In-One account topped up.
Details on the top-up service requirements can be found by calling
on +44 (0) 7624 247247 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 (12
months after You last topped up or used Your mobile) Your account
will enter the suspended state, where You will only be able to
receive Calls and make emergency Calls. The suspended period is 30
days, after which You will enter the disabled state. This is where
You cannot receive Calls or make any Call 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) 7624 247247.
Failure to top-up Your account after this time will result in Your
All-In-One account being ceased and Your SIM card being
disconnected from the Sure 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; orc) 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
EquipmentYour
Mobile Phone Equipment must only be used with Our Service as
directed under the Telecommunications Act 1984 (of Tynwald) 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
Use10.1 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 Act 1984 (of Tynwald) 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; or10.3.3 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 the Isle of Man;
or
10.4.4 if it is used in a manner
that breaches clause 10.3 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 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.
12.3 We do not undertake to provide
any other services to You under these terms and conditions other
than the provision of the Sure All-In-One 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.
12.4 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.
12.5 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.
12.6 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.
12.7 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.
12.8 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.
12.9 You acknowledge that by
entering into any contract or other obligation with any third party
through the C&W All-In-One 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 words or marks "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 Isle of Man 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 Isle of Man Service Level
Schedule defines the standard level of Fault response and provision
target times for the All-In-One Mobile Telephony Services
within the Isle of Man and the Channel Islands.
Standard Service
Provision of Service - Pay As You Go
Telephony Services
All-In-One Services | Immediately upon purchase of a Sure
All-In-One 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 & Wireless Isle of Man Limited, 14
Athol Street, Douglas, Isle of Man, IM1 1JA, or by calling 01624
692200 or Our Contact Centre on 07624 247247.
Fault Support - Pay As You Go Telephony
Services
Fault
Support | Via Our Contact Centre on 151 or 07624
247247- 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 pay as you go 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:
- provide advice by telephone
- carry out tests and diagnostics on the
service
- 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 Isle of Man applicable
rate defined in the Price List for the service.
SECTION 3 –
Third Party Services
Shortcode Services
We provide Shortcode SMS access to premium rate
services of third party content providers. Such content may
include, but is not limited to, ringtones, logos, voting on
television programs, text chat and general information services
(e.g. cricket result updates).
In accessing these services using Shortcode SMS
You may be requesting a one-off service, or subscribing for an
ongoing service with a commitment to receive chargeable
content. We provide the means of access through the Shortcode
SMS, but We are not responsible for and accept no liability for any
content that You access using the service. We require the
third party content providers to abide by the Phonepay Plus (the UK
regulator of premium rate services) Code of Practice. Further
information can be obtained on the Phonepay Plus web site at
http://www.phonepayplus.org.uk/.
Under the Code of Practice subscription
services must be clearly advertised stating all charges for the
service. We will bill You for any chargeable SMS You send or
receive (or Your pay as you go balance will be reduced by the
values of the charge), but there may also be subscription charges
payable directly to the third party content provider. If You
want to cease a Shortcode SMS service You can send STOP at any time
to the relevant shortcode
If You have an enquiry or complaint relating to
any Shortcode SMS service You must contact the third party content
provider in the first instance. If You are not satisfied with
the outcome You can contact Phonepay Plus. If the third party
content provider is found to be in breach of the Phonepay Plus Code
of Practice they may have their service suspended or terminated and
can be fined.
Some third parties provide adult content on
their Shortcode SMS services. You must be 18 years or over to
access such content. It is Your responsibility (which will be
a parent or guardian in the case of a mobile user that is under 18)
to ensure that persons under 18 do not use the handset to access
such services
Charges for texts sent or received via
Shortcode SMS are set by the third party content provider and may
be high as these are premium rate services. Some downloads
can cost £5.00 or more. It is Your responsibility to pay any
outstanding balance on Your post pay mobile account (in the case of
pay as you go mobile You will only be able to send or receive a
chargeable SMS if You have sufficient money in your prepay balance
or sufficient unused Inclusive Texts). A chargeable SMS will
be charged for if it is sent, irrespective of whether it is
delivered or not.
Issue 1 October 2007