Other 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. Interconnection
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.
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.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. Payments 7.1 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. 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 0808 1015 247 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. 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 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) 0808 1015 247and 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) 0808 1015
247. 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;
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 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 (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; 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 Jersey; 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.
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.
We will provide You with the Service on the
terms and conditions as stated.