Terms & Conditions for the use of Speakeasy Mobile SIM and TOP-UP Vouchers
General Terms and Conditions:
These general terms and conditions state all the rights and obligations of Speakeasy Mobile and its customers in connection with the provision of the Speakeasy Mobile Services.
1. Definitions
1.1 Acceptable Use Policy: the policy notified to Customer by Speakeasy Mobile (whether that policy is required by Speakeasy Mobile or any underlying Network operator enabling
the Services) governing the acceptable use of the Services, which policy may be amended from time to time and which is available at www.speakeasymobile.eu
1.2 Agreement: the agreement by Speakeasy Mobile to provide the Services to the Customer which is entered into when the Customer purchases and registers with Speakeasy Mobile.
These general terms and conditions are an integral part of that Agreement.
1.3 Customer: a natural person who, or a legal entity that enters into an Agreement with Speakeasy Mobile.
1.4 Speakeasy Mobile Customer Service: the customer services department, which the Customer may contact for all questions regarding the Speakeasy Mobile Service can be reached by calling 020 7442 8812.
1.5 Speakeasy Mobile: Speakeasy Communications Ltd with registered office at Lifeline House, Clifton Street, London EC2A 4HB and company registration number 0605277.
1.6 Speakeasy Mobile Service(s) or Service(s): the service through which the Customer uses the Network for direct transport of telecommunication traffic from mobile users to and from connection points on the Network or to connection points on other networks.
1.7 Speakeasy Mobile SIM : a prepaid, activated SIM containing a Speakeasy mobile microprocessor enabling access to the Services.
1.8 Speakeasy Mobile Top-up Voucher: a voucher (whether in physical or electronic form) containing an 11 digit code enabling the Customer to redeem the face value of such voucher for use of the Services.
1.9 Network: the network for wireless telecommunication.
1.10 Products: Speakeasy Mobile SIM and Speakeasy Mobile Top-up Vouchers or any other product offered by Speakeasy Mobile.
1.11 Roaming Services: these are mobile telephony services enabling the continued access to the Services by a Customer when travelling outside the United Kingdom are which are provided over telecommunications systems of foreign Networks outside of the United Kingdom and over which Speakeasy Mobile has no control.
2 Services and Obligations
2.1 Speakeasy Mobile is obliged only to supply the means necessary to provide the proper operations of the Speakeasy Mobile Service. In this regard Speakeasy Mobile will provide the technical means necessary to access to this Service under optimal conditions. The customer may turn off the Speakeasy Mobile Service on his mobile phone at any time, therefore, using the underlying provider to make international calls.
2.2 Mobile telephony is a form of wireless communication and operates on the basis of transmission of radio and signal frequencies. As such, it can be interfered with by numerous external sources or by obstacles inherent in buildings, vegetation or terrain and as such Speakeasy Mobile cannot guarantee a perfect error free transmission (in terms of actual availability or quality of Service) in all locations at all times.
2.3 The quality of the Speakeasy Mobile Service also depends on the quality of the mobile telephone handset used by the Customer as well as the underlying Mobile service provider. Speakeasy Mobile has no control or influence over the mobile telephone handset quality or of the quality of service by the underlying Mobile service provider.
2.4 The Services are provided on an "as is" basis and Speakeasy Mobile provides no warranty in relation to the Services and in particular does not warrant that the Services are of satisfactory quality, fit for a particular purpose, suitable, reliable, accurate, complete, secure or error free.
2.5 Occasionally the Network and the Services may become unavailable due to requirements for upgrading, modification, maintenance or other necessary works relating to the Network or Services. At these times the Services may be temporarily unavailable and Speakeasy Mobile shall endeavour to keep any period of non-availability to a minimum.Speakeasy Mobile shall have no liability for any such periods of unavailability.
2.6 Speakeasy Mobile offers Roaming Services but due to the nature of these services Speakeasy Mobile cannot guarantee the prices, availability or quality of Services using such Roaming Services.
2.7 Associated with the Speakeasy Mobile SIM is your unique Password Code and User Name. Instructions relating to their use may change to reflect new technology and will be explained in the “Starter Pack”. Customers shall take every necessary precaution to preserve the secrecy of their Password Code and User Name. Customers are liable for any malicious or improper use resulting from intentional, fortuitous or accidental communications of these codes or transferring his/her SIM Card.
2.8 The Customer acknowledges that whilst every effort is made to secure an uninterrupted error free service, Speakeasy Mobile will not be held liable for any loss or inconvenience caused to the Customer by any actions of a distributor including fraud and deception and/or non-payment. In such cases, the Customer should contact the distributor and/or retailer from whom they purchased the SIM and/or Top-up Voucher and request a refund.
2.9 Premium rated SMS and Premium rated calls are expressly excluded from the SERVICES.
2.10 Calling rates using the Services are displayed on marketing posters, amended from time to time and/or on the website www.speakeasymobile.eu
2.11 Speakeasy Mobile reserves the right to monitor and record communications using the Services. This may be done to improve the Services, to ensure compliance with Speakeasy Mobile policies, governmental, regulatory or enforcement agency requests, and to detect prevent criminal activity.
2.12 As a matter of policy Speakeasy Mobile will not intentionally disconnect any calls provided that there is credit available for the calls, however it may be possible that calls could get disconnected due to matters beyond Speakeasy Mobile’s control, e.g. force majeure, carrier fault, technology fault or human error.
2.13 Customers are hereby informed of the inherent risk in the use of the mobile telephone while driving a motorised vehicle. Speakeasy Mobile cannot be held liable for damage resulting from an accident caused by the use of the mobile telephone while a motorised vehicle is being driven.
2.14 Customers are hereby informed of possible interference that a mobile telephone may cause in certain sensitive types of equipment such as medical appliances, aircraft etc.
It is therefore essential that the instructions given by the persons with responsibility for such equipment be strictly complied with. Speakeasy Mobile cannot be held liable for any damage resulting from a failure to comply with such instructions.
3 The Speakeasy Mobile SIM
3.1 Please follow the instructions and diagrams as set out in the Starter Pack provided when you purchased the Speakeasy Mobile SIM. The Speakeasy Mobile SIM is used by removing your existing SIM card and attaching the Speakeasy SIM provided in the Starter Pack. Line up the Speakeasy Mobile SIM onto your existing SIM using the transparent template and press into place. After this you simply replace the two SIMs back into your mobile phone handset. Prior to making any international calls, you must activate the Speakeasy Mobile SIM by calling +44 (0)207 122 8816 and entering a Password Code (found by scratching a place on the card provided in the Starter Pack) and User Name (you provide this).
3.2 The Speakeasy Mobile SIM remains the exclusive property of Speakeasy Mobile. Customer must keep the Speakeasy Mobile SIM safe and not misuse the Speakeasy Mobile SIM in any way. Speakeasy Mobile will only replace a Speakeasy Mobile SIM where it is found to be defective by reason of faulty workmanship or design. Speakeasy Mobile may in its sole discretion charge for replacing a Speakeasy Mobile SIM where Speakeasy Mobile reasonably believes that the Customer has been responsible or has contributed in any way for the misuse, damage or loss of the original Speakeasy Mobile SIM. Furthermore, Speakeasy Mobile reserves the right to recall a Speakeasy Mobile SIM at any time. It is Customer’s responsibility to inform Speakeasy Mobile of any damage to the Speakeasy Mobile SIM purchased by Customer.
3.3 If the Speakeasy Mobile SIM is not used to make international calls for three (3) months (the “validity period”), the SIM Card will be frozen preventing any further use by the Customer.
3.4 The Customer will then have one (1) month to top up their Speakeasy Mobile SIM. If the Customer tops up within 1 month and uses the Service the old credit previously frozen under clause 3.3 will be reinstated and the Customer will be able to make and receive calls as normal.
3.5 If the Customer does not top-up within one (1) month from the “validity period” the customer will lose:
a) all unused credit;
b) his/her Speakeasy Mobile SIM will be blocked permanently from any further use by Customer.
4 Top-up Voucher
4.1 Customers pay for the use of the Services by topping-up their Speakeasy SIM Card account. Customers do this by loading credit onto the SIM Card account by purchasing Speakeasy Mobile Top-up Vouchers, using the Speakeasy web site (www.speakeasymobile.eu) or calling +44 (0) 207 122 8817.
4.2 Customers can top-up their Speakeasy Mobile SIM using a Speakeasy Mobile Top-up Voucher at any time after registration including during any validity period.
4.3 If the top-up takes place before the end of a validity period or within one (1) month following the validity period, the credit unused at the time of the top-up will be added to the credit contained on the Speakeasy Mobile Top-up Voucher.
4.4 Each time the Customer top ups his/her Speakeasy Mobile SIM during the validity period, the validity period shall be extended for a further three (3) months under the above conditions.
4.5 Where the Customer has used a Speakeasy Mobile Top-up Voucher to top-up his/her credit for the use of a SIM Card, that credit can only be used for use with the Services and Customer shall not be entitled to receive any cash refund for any outstanding credit remaining on the Customer’s account at any time, including where the Customer fails to use the Services during a validity period and the Agreement is terminated.
4.6 Customer’s pre-payments via Speakeasy Mobile Top-up Vouchers are not repayable by Speakeasy Mobile nor is interest payable on any credit on a Customer account. Each time the Services are used by Customer (or someone else using a Customer’s mobile telephone handset) the top-ups purchased will be reduced according to the tariff charges relating to that particular communication.
4.7 Speakeasy Mobile reserves the right to offer the Speakeasy Mobile Top-up Voucher as a multi function credit voucher that can be redeemed for multiple services (if any).
5. Modification
Where required by operating conditions or the organisation of the Service, Speakeasy Mobile may modify the technical characteristics of its Services. Customers will not be entitled to compensation for any replacement or modification of mobile telephone handsets made necessary by a change in the Network affecting the Services.
6. Disconnection
Speakeasy Mobile may disconnect the Customer fully or partially from the Service, without notice of default being required, if the Customer fails to comply with his/her obligations under the Agreement or fails to observe the requirements that can be set for reasonable use, including any Acceptable Use Policy, or where Speakeasy Mobile is unable to provide the Services due to reasons beyond its control.
Disconnections shall take place without the Customer being entitled to any compensation. The disconnection will be lifted when Speakeasy Mobile determines that the Customer has fulfilled his/her obligations. The Customer shall meet the disconnection costs and those for reconnection. Disconnection of the Service does not release the Customer from any of his/her obligations under the Agreement.
If, fourteen (14) days after the Customer has been given the opportunity to fulfil his/her obligations by Speakeasy Mobile in writing, Speakeasy Mobile concludes that the Customer has still failed to do so, Speakeasy Mobile is entitled to terminate the Agreement, upon which all claims of the Customer against Speakeasy Mobile will lapse.
7 Customer Responsibilities
7.1 Customer shall not use the Services for the following activities:
a) any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing of any information which is of an offensive, abusive, indecent, obscene or menacing nature;
b) causing, nor knowingly allow others to cause, any nuisance annoyance or inconvenience whether to Speakeasy Mobile or to any of Speakeasy Mobile’s Customers or other persons, which shall include the use of the Network for the persistent sending of unsolicited communications without reasonable cause;
c) for the purpose of causing harm, damage or impairing the operation of the Network over which the Services are provided; and
d) the storing or dissemination of information which does not belong to the Customer and which can be held to infringe the rights of a third party including another person’s copyright or other intellectual property rights (unless with the prior consent of such third party).
7.2 Upon purchasing a Speakeasy Mobile SIM the Customer may be required to register with Speakeasy Mobile and this may include the Customer providing his/her personal information including their name, address, date of birth, etc. The Customer acknowledges that providing false information is a fraudulent act and if Speakeasy Mobile determines such personal information to be false, Speakeasy Mobile shall be entitled to terminate this Agreement without any liability to the Customer.
7.3 It is the Customers responsibility to notify Speakeasy Mobile of any changes to their personal details and for keeping their details retained by Speakeasy Mobile up to date.
8 Data Protection & Customer Personal Information
8.1 Speakeasy Mobile and any of its group of companies may use the personal information of the Customer, the communication information and numbers used by the Customer are saved in the files of Speakeasy Mobile and are processed by Speakeasy Mobile or third parties in its name with a view towards:
a) the delivery of the Service;
b) for administration and customer services purposes; and
c) information and marketing purposes;
all within the framework of the relationship with the Customer and in order to initiate information or advertising campaigns connected with the Products or Services provided by Speakeasy Mobile.
8.2 By registering with Speakeasy Mobile a Customer consents to Speakeasy Mobile sharing his/her information with other companies in the group and external companies who are Speakeasy Mobile’s trusted and carefully chosen business partners. Speakeasy Mobile and such carefully chosen business partners will be entitled to contact Customers by mail, telephone, e-mail, or SMS to let Customers know about any goods, services or promotions which may be of interest to them. Customers who do not wish to receive such information relating to advertising campaigns connected with the products provided by Speakeasy Mobile, or do not wish to be contacted by Speakeasy Mobile within the framework of direct commercial prospecting, may at any time request from Speakeasy Mobile, free of charge, to be placed on a list designated for this purpose. Such request to be made by Customer to unsubscribe@speakeasymobile.eu
8.3 By registering with Speakeasy Mobile, Customer consents to Speakeasy Mobile transferring his/her personal information to countries which do not provide the same level of data protection as the United Kingdom if necessary for providing the Services.
8.4 Speakeasy Mobile will always use and process Customer personal information in compliance with the Data Protection Act 1998, as amended from time to time.
8.5 Speakeasy Mobile shall provide to Customers a copy of his/her personal information held by Speakeasy Mobile where a Customer requests access to such information and provided the Customer pays, in advance, a nominal administration fee.
9 Liability of Speakeasy Mobile
9.1 Speakeasy Mobile has no liability whatsoever as concerns the Speakeasy Mobile SIM, Speakeasy Mobile Top-up Voucher or the provision of the Services. For the avoidance of doubt Speakeasy Mobile shall not be liable to the customer for any actions, claims, demands, costs, expenses, damages, losses or liabilities of any kind incurred by the Customer as a result of purchasing and using the Speakeasy Mobile SIM, Speakeasy Mobile Top-up Voucher or the provision of the Services.
9.2 Speakeasy Mobile shall not be liable for any damage or losses resulting from the content of calls sent or received by Customer.
9.3 Speakeasy Mobile may not be held liable for any damage or loss resulting from intervention by a third party, including any governmental, regulatory or administrative body.
9.4 Under no circumstances shall Speakeasy Mobile be held liable for indirect or intangible damage or losses of any kind whatsoever including but not limited to ,additional costs, loss of income on profits, loss of customers or custom, loss or damage of data and loss of contracts.
9.5 Speakeasy Mobile shall have no liability or responsibility in the event of loss, theft, fraudulent or wrongful use of the Speakeasy Mobile SIM or Top Up Vouchers by Speakeasy Mobile Customers. Moreover, Speakeasy Mobile shall not be liable to reimburse credit used by Speakeasy Mobile Customers or any other person where a Customer is not in control of the Speakeasy Mobile SIM and has failed to notify Speakeasy Mobile that he/she has lost his/her control over the Speakeasy Mobile SIM, and shall furthermore not be held responsible for any consequences resulting from use of services linked to a Speakeasy Mobile SIM.
9.6 If the Customer suffers damage due to malfunctioning of the Network or due to shortcomings in the execution of the Service, Speakeasy Mobile may only be liable in the event of direct damage suffered and caused by:
a) death or personal injury; or
b) gross negligence.
9.7 Speakeasy Mobile’s liability to a Customer in such circumstance shall be limited to total maximum aggregate amount of one thousand Pounds (£1,000) per claim or series of related claims.
9.8 Where a Customer suffers any damage or loss the Customer shall notify Speakeasy Mobile in writing of the damage as soon as possible and in any event within four (4) weeks after the discovery that damage has occurred. Damage that not has been reported to Speakeasy Mobile within this period shall not be compensated. This period shall not apply to a Customer (a natural person not acting in the capacity of a professional or enterprise) if the Customer makes a reasonable case for the fact that he or she could not have been reasonably expected to notify Speakeasy Mobile within this period.
9.9 Speakeasy Mobile will not be liable to perform any obligations or provide the Services because of any event of force majeure, i.e. any factor outside its control, including but not limited to Acts of God, industrial action, default or failure of a third party, war, governmental action, or by any act or decision made by a court of competent jurisdiction.
10. Liability of the Customer
Customers shall be liable for damage of any kind caused to Speakeasy Mobile or to third parties by their use or misuse of Speakeasy Mobile SIM or Speakeasy Mobile Top-Up Voucher by any persons whomsoever or on any mobile telephone handset whatsoever, even in the event of loss or theft and Customers shall compensate Speakeasy Mobile for any actions, claims, demands costs, charges, expenses, losses, liabilities or damages they cause, including minor faults.
In the event of loss or theft of the Speakeasy Mobile SIM, it is the responsibility of the Customer to notify Speakeasy Mobile as soon as possible about this loss or theft and to prevent any use by another person of the Speakeasy Mobile SIM. The Customer shall be solely responsible for the Speakeasy Mobile SIM and may not claim any reimbursement from Speakeasy Mobile for loss or theft of the Speakeasy Mobile SIM. The Customer is responsible for complying in full with all of the terms and conditions of it SIM card provider.
11. Changes
Speakeasy Mobile reserves the right to change these terms and conditions at any time without prior notice. Furthermore Speakeasy Mobile confirms it has endeavored to ensure the accuracy of the information contained herein, on the Speakeasy Mobile web site and on any marketing or promotional materials but does not accept any liability for errors, omissions and misunderstandings arising.
Rates and billing conditions relating to the Services are subject to change without any prior notice; this may be due to circumstances outside the control of Speakeasy Mobile, such as changes to wholesale prices that it is charged by third party suppliers or charges incurred for using the underlying SIM card by third party Mobile operators. Changes, which Speakeasy Mobile is aware of, will be posted on the Speakeasy Mobile website following such changes. It is the Customers responsibility to regularly check this Speakeasy Mobile website for any changes affecting the Services and their use as well as checking with the Mobile operator it uses for any changes or charges for using the underlying SIM Card. Advertised rates and charges for international destinations/calls assume the fee for the local access portion of the call is paid for/covered by a Customer’s “free” minutes with the underlying provider.
By continuing to use the Services after Speakeasy Mobile makes any changes in relation to the clauses above, the Customer agrees to these changes. If a Customer is not happy with any of these changes then Customer does not have to continue to top-up their account for using the Speakeasy Mobile SIM.
Speakeasy Mobile shall be entitled to assign any and all of its rights and obligations under these terms and conditions to any other third party.
12. Complaints, Disputes and Governing Law
Any complaints or disputes between the Customer as a natural person not acting in the capacity of a professional enterprise and Speakeasy Mobile regarding the provision of the Service must first be raised with Speakeasy Mobile’s Customer Services using the contact details provided above.
Failure by either Speakeasy Mobile or Customer to enforce rights under this Agreement shall not prevent Speakeasy Mobile or Customer (as the case may be) from taking further action.
The Agreement is governed by English Law and shall be governed by the exclusive jurisdiction of the English Courts.
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