SURE FROM
C&W PAYG MOBILE SERVICE PRODUCT
DESCRIPTION
The standard C&W
(Sure) Pay As You Go (PAYG) 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 PAYG 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 PAYG Service from time to time.
Details of the standard PAYG 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
http://www.surecw.com/ "Activation" means the process completed by You to
add credit to Your PAYG account via electronic top-up (eTop
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 an external GPRS or EDGE 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 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 Kbs
"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 the Isle of Man
"Internet" means the global network that
links millions of computers, using phone and cable links.
This provides worldwide 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 Cable & Wireless has 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 a third party You should
complete a directory entry form.
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 and 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 and 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 and 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.surecw.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 PAYG e Top up. The
conditions under which the PAYG 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 PAYG 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 PAYG 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 0808 1015 247 and
ask for Your PAYG 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 PAYG account in credit
before You will be able to make or receive Calls or send or receive
texts.
7.5 If
Your PAYG 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
PAYG 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 PAYG e Top up. Top-up expiry conditions are listed
below.
8.2.1 To
maintain an account and for Your PAYG Service to remain connected
to the network, You must keep Your PAYG account topped -up. Details
on the top-up service requirements can be found by calling on 0808
1015 247 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 0808 1015 247. Failure to top-up
Your account after this time will result in Your PAYG 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 (Jersey) Law 2002 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 (Jersey) Law
2002 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
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 enabled You, 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 PAYG 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 PAYG 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 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:
We will provide You with the Service on the
terms and conditions as stated.