Terms and Conditions for the Provision of Equipment and/or Mobile Network Services

Definitions

In these Conditions, the following expressions shall have the following meanings:

“Anti-Bribery Laws” means any and all statutes, statutory instruments, bye- laws, orders, directives, treaties, decrees and laws which relate to the anti- bribery and/or anti-corruption, including the Bribery Act.

“Bribery Act” means the Bribery Act 2010.

“Bar” and “Barring” means the act of barring the Customer from making or receiving certain services on the Equipment.

“Business Day” means any and all days between Monday and Friday in any week but excluding English bank holidays or public holidays.

“Charges” means the charges payable by the Customer for Mobile Network Services as described and at the rates (appropriate to the chosen Tariff) as set out in the Tariff, including without limitation any call charge, access charge, connection charge, minimum charge, value added service charge and/or early termination charge.

“Company” means XCommNet Ltd, Registered Office: 20-22 Wenlock Road London N1 7GU UK Registration Number: 9222150

“Connection” and “Connected” means the connection of the Equipment or SIM Card to the selected tariffs and Systems.

“Contract” means this agreement between the Customer and the Company for the provision of the Mobile Network Services incorporating these Conditions, the MDSC and any other document incorporated by reference into the Contract.

“Customer” means the person, firm or company specified on the MDSC and any other person appearing to act within that person’s, firm’s or company’s authority and includes where relevant the Customer’s permitted assigns.

“Director” means a director of the Company authorised to sign any MDSC;

“End User” means a user of the Mobile Network Services.

“Equipment” means the approved device and SIM Card connected to the System.

“General Conditions” means the general conditions of entitlement set by OFCOM, in accordance with section 45 of the Communications Act 2003, as may be amended, modified or replaced from time to time;

“Group” means together a person, its Parent Undertakings, its Subsidiary Undertakings and the Subsidiary Undertakings of any of its Parent Undertakings from time to time;

“IMEI” means the International Mobile Equipment Identity number incorporated into the Equipment.

“Migration” means the transfer of a mobile number to any alternative service provider on the same network.

“Minimum Term” has the meaning given to it in condition 3.2.

“Mobile Network Service(s)” means the provision of airtime, SMS, MMS and/or mobile data, together with any other services identified in this Contract, by means of the Systems offered by the Company.

“Normal Working Hours” means 9.00am to 5.00pm on any Business Day.

“OFCOM” means the Office of Communications and/or any successor body;

“MDSC” means the MDSC to which these Conditions are attached, or which is expressed to be subject to these Conditions which sets out the detail of the order, including (without limitation) the Customer’s details and the Equipment and/or Mobile Network Services to be supplied under the Contract, and constitutes.

“Parent Undertaking” has the meaning given to it in section 1162 of the Companies Act 2006.

“Party” means the Company or the Customer, and “Parties” shall refer to both of them.

“Payment Date” means the date determined by the Company on which the Company’s invoices fall due for payment.

“Personal Data” has the meaning given to it in the Data Protection Act 1998.

“Portability” means the transfer of a mobile number or Mobile Network Service to any alternative mobile service provider and/or mobile service operator.

“Relevant Laws” means any statute, regulation, bylaw, ordinance or subordinate legislation which is in force for the time being to which a party is subject; the common law as applicable to the parties (or any one of them); any binding court order, judgment or decree applicable to the parties (or any one of them); and any applicable industry code, policy, guidance, standard or accreditation terms (i) enforceable by law which is in force for the time being, and/or (ii) stipulated by any regulatory authority to which a party is subject, in each case, for the time being;

“Service Operator” means any mobile network operator.

“SIM Card” means a module which contains Customer Information and which, when used with Equipment, enables access to the Mobile Network Services.

“Subsidiary Undertaking” has the meaning given to it in section 1162 of the Companies Act 2006.

“System(s)” means the public telecommunications systems that the Company makes available to the Customer.

“Tariff” means the Company’s tariff for each of the Mobile Network Services which is provided to the Customer.

“Upgrade” means any supply of a new handset or mobile device.

Contract Formation

The MDSC constitutes the Customer’s offer to the Company to purchase the relevant Mobile Network Services on and subject to the terms of the MDSC and these Conditions. Once such offer is accepted by an authorised representative of the Company signing the MDSC , a Contract shall come into effect. The details recorded on the MDSC together with these Conditions (together with any other document incorporated by reference into the Contract by these Conditions) shall be the exclusive terms and conditions of the Contract between the Parties (to the fullest extent permitted by law)

All quotations, estimates and tenders are given and contracts are made by the Company subject to and only upon these Conditions which cannot be varied unless agreed in writing by the Company and these Conditions supersede and override all other terms and conditions appearing elsewhere including (without limitation) any terms and conditions of the Customer referred to on any website or which the Customer may purport to apply under any purchase order or acknowledgement of delivery or similar document, and/or established between the Company and the Customer by course of dealing.

In the event of a conflict between these Conditions and the MDSC, the MDSC will prevail in respect of the relevant Mobile Network Service.

Any illustrations, samples or descriptive material provided by the Company, including drawings, specifications of weight, capacity or dimensions and particulars of shade shall not form part of the Contract but shall be treated as approximate only unless specifically stated otherwise. Any savings quoted are estimates and illustrative only. All documents provided by the Company containing such illustrative or descriptive material (as well as the copyright therein) shall remain the exclusive property of the Company and must not be copied or loaned or transferred by the Customer. The Customer acknowledges and agrees that in entering into the Contract, it has not relied on any such illustrations, samples or descriptive material.

The Customer shall be responsible for ensuring that the details set out on the MDSC and any specifications, descriptions or other instructions supplied by the Customer or any agent or representative of the Customer in connection with the supply of any Equipment and/or the supply of any Mobile Network Services (as the case may be) by the Company are accurate and fully describe the Customer’s requirements and the Customer shall be liable in respect of any liability, loss, injury, damage, demand, claim, cost charge or expense which may be incurred or sustained by the Company by reason of or arising directly or indirectly out of or in respect of any inaccuracy in respect of any specifications, descriptions or other instructions in relation thereto, or where the compliance with any such specifications, descriptions or other instructions by the Company constitutes the infringement of the intellectual property or other rights of another person.

No variation of the terms of the Contract however notified (save with regard to the manuscript details on the MDSC including, where initialled by both Parties, manuscript amendments to the type face, as such details may be inputted by authorised staff of the Company) will be accepted by the Company unless authorised by notice in writing by a Director of the Company.

Each order for Mobile Network Services shall (for the purposes of this condition 2.7) be deemed (subject to condition 2.1) a separate Contract (whether or not included on the same MDSC) to the effect that any delay or failure to supply Mobile Network Services shall not entitle the Customer (to the extent that any such entitlement exists) to terminate the Contract for other Mobile Network Services or any other contract entered into under these Conditions.

Any undertaking by the Customer not to do any act or thing shall be deemed to include an undertaking that the Customer shall procure that any user (including without limitation any of the Customer’s End Users, employees, agents or contractors) of the Mobile Network Services and/or Equipment shall not do such act or thing.

The Customer warrants and undertakes to the Company that it is entering into the Contract for the purposes of its trade, business and/or profession and not as a consumer as defined at clause 2(3) of the Consumer Rights Act 2015.

In connection with Customer’s application for Mobile Network Services, the Customer may be required to pay in advance depending on the terms of the MDSC

Any Contract including the provision of any Equipment, including any handset or mobile device is, until the delivery of the applicable handset or device, conditional upon the availability of the relevant handset or device and the Company providing confirmation by email to the Customer that the terms stated on the MDSC of the applicable Contract for Equipment do not contain any errors or omissions.

What information do we collect about you?

  • Information that you provide to us such as your name, address, telephone number, mobile number, email address, billing address, delivery address and any feedback you give to us, including by telephone, email, post, or when you communicate with us via social media.
    Information about the services that we provide to you (for example, the products and services we have provided to you, when and where, what has been paid, the way you use our products and services, and so on).
    Your account login details, including your username.
  • Information about any device you have used to access our services (such as your device’s make and model, browser, or IP Address) and also how you use our services. For example, we try to identify which of our features you use and when and how you use them. If you use our websites, we try to identify when and how you use those websites too.
  • The details of the emails and electronic communications you receive from us, including whether that communication has been opened and if you have clicked on any links within that communication. This is to help us improve our services and what we communicate with you.

How do we use your information?

XCommNet will process (collect, store and use) the information you provide in a manner compatible with the European Union (EU):

  • Process orders that you have submitted.
  • Manage your account.
  • Contact you if necessary.
  • Send information to you about our products and services from time to time by email or other means (subject to an objection or preference you may indicate).
  • Seek your views or comments on the services we provide.
  • Notify you of changes to our services.
  • Analyse and produce reports, perform market research and statistical analysis and to monitor usage behaviour. We may pass this data to certain third parties.
  • Enhance and personalise the products and services that we offer you and to develop new products and services.
  • Help answer your questions, solve any issues, investigate any complaints or other enquiries that you submit to us.

Who we might share your information with?

  • We may share your information:
    With our partners, suppliers, subcontractors, and other associated organisations for the purposes of completing tasks, completing orders, and providing services to you on our behalf.
  • When we use third party service providers, we disclose only the personal information that is necessary to deliver the service and we have a contract in place that requires them to keep your information secure and not to use it for their own marketing purposes.
  • If required to by law, under any code of practice by which we are bound, or we are asked to do so by a public or regulatory authority such as the Police.
  • In response to a valid, legally compliant request by a competent authority or individuals seeking to protect their legal rights or the rights of others.
  • Where there is a change (or prospective change) in the ownership of XCommNet to new or prospective owners of XCommNet.
  • During emergencies when we believe physical safety is a risk.
  • We will not sell your information to third parties nor will we share your information with third parties for marketing purposes.

Keeping you informed about our products and services

We would like to send you information about products and services of ours which may be of interest to you from time to time. If you have consented, we may do this through email, post, text message, online, social media, app notifications or by any other electronic means.
Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. The information you provided will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.
You have a right at any time to stop us from contacting you for marketing purposes, but we will still need to send you occasional service related messages. You can amend your marketing preference by contacting our team via yourprivacymatter@xcommnet.com or +442037735507.

Your rights as a data subject

At any point, while we are in possession of or processing your personal data, you, the data subject, have the following rights:

  • Right of access – you have the right to request a copy of the information that we hold about you. This is requested via a ‘Subject Access Request’ (SAR) form, which you can access by emailing yourprivacymatter@xcommnet.com. Before providing personal information to you or another person on your behalf, we will require proof of identity and sufficient information about your interactions with us so that we can locate your personal information.
  • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
  • Right to erasure – in certain circumstances you can ask for the data we hold about you to be erased from our records.
  • Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
  • Right of portability – you have the right to have the data we hold about you transferred to another organisation.
  • Right to object – you have the right to object to certain types of processing such as direct marketing.

How long do we keep your information for?

We will always retain your personal information in accordance with law and regulation and never retain your information for longer than is necessary.

Can I delete my data?

For information about how you can access, delete, rectify your data, please contact us via one of the following:

Support ticket: https://www.xcommnet.com/support/
Contact page: https://www.xcommnet.com/contact-us/
Email: yourprivacymatter@xcommnet.com
Telephone: +44 (0) 2037735507

Cookies

We use cookies to ensure you get the most from your visit. ‘Cookies’ are small text files placed on your computer and stored on your hard drive to allow the website to recognise you when you visit. They collect statistical data about your visitor behaviour and browsing actions. This helps us to improve our website and deliver a better more personalised service.
You can set your browser not to accept cookies and the below websites tell you how to remove cookies from your browser. For further information visit, aboutcookies.org or allaboutcookies.org.

Links to other websites

Our website contains links to other websites, which are not under our control. Therefore, we will not be liable to you for any issues arising about their use of your information. We advise you to read the privacy policy and terms and conditions on each website to see how they may process your information.

Transferring your information outside Europe (EU)

As part of the services offered to you, the information which you provide to us may be transferred to countries outside the European Union (“EU”). For example, this may happen if any of our or our supplier servers are from time to time located in a country outside of the EU. If we transfer your information outside of the EU, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this policy.

Website monitoring and recording

Our website may use website recording services. These services may record mouse clicks, mouse movements, page scrolling, and any text entered into website forms. The information collected does not include any sensitive personal data. Data collected is for XCommNet’s internal use only for the purpose of improving the usability of our services and used for aggregated and statistical reporting.

Security

This website and all our systems under our control have security measures in place to protect the loss, misuse and alteration of the information.

How to contact us

If you would like to contact us to exercise one of your rights as set out above, or if you have a question or a complaint about this policy, or the way your personal information is processed by XCommNet (or third parties), please contact us via one of the following methods:
Email: yourprivacymatter@xcommnet.com
Post: GDPR Owner, XCommNet Limited, 20-22 Wenlock Road, London, N1 7GU, UK
You have the right to lodge a complaint directly with the UK supervisory authority, the Information Commissioner. For further information visit ico.org.uk/concerns to find out more.

Changes to our Privacy Policy

We keep this policy under regular review and post updates online.