Terms and Conditions – Classic Contracts

Quick Summary

These terms and conditions comprise the terms of your Agreement with Virgin Mobile

and are set out below. It’s important that you read and understand them before you

take our Services and before you start using our Services. Just in case the below

summary and the full Agreement seem to say different things, the terms in the full

Agreement will be the terms that apply to your Agreement with us.

A. Your cooling off rights (clause J.3.5 – J.3.8)

You have 14 days from the start of this contract to cancel this Agreement immediately and

without having to pay an Early Disconnection Fee.

After 14 days, if you want to cancel this Agreement, subject to the terms of this Agreement

you will have to give us 30 days’ notice and you may be required to pay an Early

Disconnection Fee. If an Early Disconnection Fee is payable, we will tell you how much

this will be before your Services are cancelled.

B. Your minimum commitment (clause B.2)

Subject to the terms of this Agreement, this Agreement will continue for at least the

Minimum Period that we explain to you before you start using our Services – this will

typically be 24 months.

If you cancel this Agreement before the Minimum Period has finished, you may have to pay

an Early Disconnection Fee. We will tell you how much this will be before your Services are

cancelled.

After the Minimum Period has ended, the monthly Charges will be reduced, and this

Agreement will continue on a rolling monthly basis unless you cancel the Agreement by

giving us 30 days’ notice (which you can do before the end of the Minimum Period).

C. Changes to prices (clause E.11)

The monthly price of your plan will increase with your April bill each year, in line with the Retail

Price Index (RPI) rate of inflation plus an additional 3.9% which is applied at the same time. We

will give you at least 30 days’ notice of this increase each year. We use the RPI rate announced

in February to adjust your bill. If the RPI rate is negative, we’ll only apply the 3.9%. For example,

if your plan is £22.50 a month when you sign up in September (RPI rates illustrative only):

• Year 1: On

your first April bill you would see your monthly price increase to £23.94 a

month (if RPI Rate announced in the February

preceding the RPI Change was 2.5%,

plus the 3.9%) i.e. £22.50 x 1.064 = £23.94; and

• Year 2: On your next April bill you would s

ee your monthly price increase to £24.87 a

month (if RPI Rate announced in the February preceding the RPI Change was minus

1.5%, meaning we only applied the 3.9% increase), i.e. £23.94 x 1.039 =£24.87366.

For

the avoidance of doubt, this annual price adjustment will not provide you with a right

to cancel this Agreement.

In addition, and subject to clause E, we may change or increase our Charges under this

Agreement at any time and will give you notice of this. Please refer to clause E for further

details. If a change to our Charges provides you with a right to cancel this Agreement

without paying an Early Disconnection Fee, we shall inform you of such a right in

accordance with clause E.

D. Our Network (clause D)

In some parts of the country with poor or no network coverage, access to our Network

may not be available.

Access to our Network can be affected by weather, as well as your surroundings.

If access to our Network will be interrupted because we have to do maintenance work,

we will publish details of this.

E. Breaking this Agreement (clause J)

If we break this Agreement in any serious way and do not put it right within 7 days of you

asking us to, you may cancel this Agreement by giving us 30 days’ notice.

If you break this Agreement in any serious way and do not put it right within 7 days of us

asking you to, we may cancel this Agreement immediately.

F. Ending this Agreement (clauses E and J)

Both of us have various rights to bring this Agreement to an end. These rights vary

depending on when, how or why you want to bring it to an end. You can find more detail in

clauses E and J.

G. Your information (clause K)

There is a privacy policy on our website which explains how we use your personal

information. This may be updated from time to time.

We may use your personal information for marketing purposes if you have agreed to this.

If you have taken insurance, we will provide your personal information to the

company that administers the insurance.

H. Lost or stolen SIM (clause D.4.2)

If your SIM is lost or stolen, please tell us within 24 hours so that we can take action to

prevent unauthorised use of your SIM and associated Charges being added to your bill

(limited to up to £100 where notification is received within 24 hours).

Terms and Conditions in full:

A. Who we are

1. This Agreement is between you and Virgin Mobile Telecoms Limited (part of the Virgin

Media group of companies) which is registered in England under company number

3707664. Our registered office is at 500 Brook Drive, Reading, RG2 6UU. Our VAT number

is 591819014. In this Agreement, whenever we say “Virgin Mobile”, “we”, “our” or “us” we

mean Virgin Mobile Telecoms Limited. When we say “you” or “your” we mean you, our

customer.

2. You will see reference to Asurion Europe Limited, a separate company that we work

with that administers the policies for mobile handset insurance for customers who have

taken a policy via our website. You are free to use a different insurance provider.

3. The words capitalised in this Agreement have special meanings. We’ve listed them all at

the back of this Agreement. Also, where we say “for example”, “include” or “including” and

then give examples, it does not mean that these are the only examples of what we’re

referring to.

B. The Agreement between you and us

1. When does our Agreement start?

1. This is a legally binding Agreement which means we are making certain commitments to

each other. It starts when we make the Services available to you on the terms of this

Agreement (this is your contract start date). We will need to confirm that you’re 18 or over

and you’ll need to pass a credit check too. We will connect you to the Network so that you

can start using the Services as soon as we can, usually within one day.

2. If you’re an existing customer and have upgraded with us, your new Agreement

and new Minimum Period will start on your new contract start date.

2. How long does it last for?

1. Before we agree to make the Services available to you, we will explain the Minimum Period

that applies. This information will also be detailed in your Account. Your Agreement continues

for at least the Minimum Period unless you cancel it in accordance with clause E (subject to any

exceptions therein) or clause J.1. You should be aware that unless you have a right to cancel this

Agreement early in accordance with clause E or J.1, if you cancel during your Minimum Period

you will have to pay an Early Disconnection Fee.

2. If your Minimum Period has come to an end and you have not cancelled this Agreement

then the Agreement will continue on these terms on a 30 day rolling contract (which either

of us can end for any reason by giving at least 30 days’ notice) and we will continue to

provide you with the Services as set out in clause C.5, until either you or we choose to end

this Agreement in any of the ways permitted by clauses E or J.

3. It’s just between us

1. This Agreement is personal to you and you may not transfer your Account or any of your

rights or responsibilities under it without our consent. The terms of this Agreement also

apply to the use of your SIM for which you are responsible. If you want to transfer your

SIM please contact the Team first.

2. For business reasons, we may transfer any of our rights and responsibilities without your

permission provided that the Services you receive or the rights you have under this

Agreement are not materially reduced as a result.

4. What does it cover?

1. This Agreement covers the provision of your Airtime Plan and SIM and the provision of

Services.

2. This Agreement does not cover your Mobile Handset or any other device you might

receive as part of a promotional package. Your Mobile Handset (and any other device)

belongs to you at the point of delivery, if your application is online or by phone, or when it is

provided to you if your application is in store. You will be responsible for any loss, theft or

damage from this point.

C. Your Airtime Plan

1. What are you getting?

We agree to provide you with an Airtime Plan. Details of the types of calls, text messages or

other services that are included in your Airtime Plan are explained in the joining pack you receive

with your SIM and are also available online via your Account. You can also get them from our

Team on request.

2. Staying Flexible

During your Minimum Period we may allow you to change your Airtime Plan to a different

allowance that we had available at the time you signed up to this Agreement. You may do so

once per calendar month. The new Airtime Plan and price will apply from your next monthly bill

cycle and for the remainder of your Minimum Period, unless and until your change it again.

3. Add-ons and Add-on restrictions

Add-ons can be purchased through your Account, through our Team, or through other means

that we make available from time to time. The price of any Add-Ons that you purchase will be

itemised and added to your next monthly bill. Add-ons are non-transferable and other

restrictions may apply concerning their expiry, validity or use. Aside from your rights to cancel

during a Cooling Off Period or if we break the terms of this Agreement, the Add-Ons may also

be non-cancellable and nonrefundable where you agree that we supply the Add-On to you as

soon as you have purchased it.

4. Age restricted services

Some Content or Services may be age restricted. If you are under the specified age that may

apply to any Age Restricted Services, you are not permitted to access them. If you are the

specified age or over and you access the Age Restricted Services, you must not share them with

anyone under the specified age. If you let anyone under the specified age use your Mobile

Handset you must deactivate access to any Age Restricted Services before doing so. Where you

have provided the information to us, we may post a flag on your telephone number to inform third

party content providers that you are over 18 years of age.

5. What happens to your Agreement at the end of the Minimum Period?

At the end of your Minimum Period, we will reduce the price of your Airtime Plan by moving you

onto the nearest equivalent Pay Monthly SIM only Airtime Plan, taking into account any

discounts or airtime offers agreed with you when you signed up to this Agreement and any

Annual Price Adjustment that has occurred since that time. The new Airtime Plan will be a 30

day rolling contract (which either of us can end for any reason by giving at least 30 days’ notice)

and detailed on your next monthly bill, and you can contact the Team with any questions. We

will continue to bill you for these Charges in the same way until you or we cancel the Agreement

as permitted under clauses E and J. If you do not wish your Agreement to change in this way and

to cancel the Agreement at the end of the Minimum Period, you need to provide us with at least

30 days’ notice before the end of your Minimum Period.

D. Provision of Services

1. Access to and availability of the Services

1. Our Network and Services are variable. We will try to make our Services available for you to

access where you are in range of a base station which forms part of the Network. The Network

comprises different types of technology and the availability of the Services varies depending on

where you are in the country. In areas without Network coverage, you will not receive any

Services. You can check the telecommunications regulator Ofcom’s coverage checker for more

details on Network coverage.

2. We aim to make our Services available to you at all times, but we cannot guarantee Network

coverage at all times as quality and availability of the Services could be affected by factors

outside of our control, such as faults on the Network or any other networks operated by third

parties which are used to provide the Services to you. Environmental factors such as the

weather, the type of building you are in or surrounding trees may also affect availability of the

Services.

3. We may from time to time update, upgrade, repair or carry out maintenance or other

work on our Network and/or Services which may result in interruptions or unavailability.

Where possible and where the Network provider has informed us, we will detail any such

interruptions on our website. You can also get details from our Team. If our Services are

materially degraded for an unreasonable period of time you may be able to leave your

Agreement with us without paying an Early Disconnection Fee.

4. Some mobile handsets may not be able to receive our Services; this may occur where the

above technical factors prevent this or where a mobile handset is locked to a different

network. Our Services are available only on mobile handsets which we have approved for

use on the Network. For Roaming the terms at clause D.8 apply.

2. Internet Access

Due to the variable nature of the internet, we cannot guarantee levels of performance of

internet access. Internet access is for private use by you and must not be used for activities not

reasonably expected of someone using internet access for personal and domestic use, and

Acceptable Use Policies apply.

3. Using the Services

1. You agree you will not use the Services:

a. for anything illegal, immoral or improper;

b. for commercial or business purposes, or for a purpose in any way related to

an arrangement which we suspect is designed to Artificially Inflate Traffic to a

number or numbers;

c. for calling ‘cash back’ or ‘cash for calling’ numbers where you are paid in

monetary or other terms by the provider for calling a number; and

d. for making abusive, offensive, indecent or nuisance calls, for sending spam or

unsolicited emails or text messages, for making or receiving reverse charge calls, or

for infringing another person’s rights including their intellectual property rights.

2. You agree you will:

a. pay your bill on time;

b. only use the Services with the mobile handset and SIM we have approved for use

on the Network;

c. give us valid information we reasonably ask for and not give us false information;

d. follow all reasonable instructions we give you and any reasonable guidelines we

make available to you, including using the SIM and Mobile Handset in accordance

with their user guides;

e. use our Services in accordance with our Acceptable Use Policies; and

f. take care to prevent the loss of or damage to the SIM.

4. Lost or stolen SIM or Mobile Handset

1. Any SIM we provide to you remains our property and must be returned to us if we ask for

it back. You must keep the SIM safe and can only use it to access the Services. If the SIM is

lost, stolen or damaged call the Team immediately for another SIM.

2. If the SIM is lost or stolen and you notify the Team within 24 hours so that we can take

action to prevent unauthorised use you will only be liable for Charges that are not part of

your Airtime Plan relating to any unauthorised use of the SIM (including call charges) up to

£100.

3. If you notify the Team of a lost or stolen SIM after 24 hours, we may hold you liable for all

Charges (including call charges) that are not part of your Airtime Plan relating to any

unauthorised use of the SIM, up to the time that you notify us, regardless of whether the

Charges have been incurred by you or someone else. You will continue to be liable for the

monthly payment (or other periodic charge) relating to your Airtime Plan until the end of your

Minimum Period. We may charge you a reasonable replacement charge for the loss of the SIM;

you can find details in our Tariff Table.

4. We connect the Mobile Handset to the Network for your use. If you cease to use the Mobile

Handset you will still be obliged to make payments due for your Airtime Plan. In instances

where the Mobile Handset is lost or stolen either with or separately to the SIM as described

above, you must advise the Team. We suggest you ensure appropriate insurance cover is in

place.

5. No reselling

We make the Services and SIM available to you for your use only. You may not re-sell or

otherwise make our Services available to others or commercially exploit our Services or any

Content in any way.

6. Phone numbers

We grant you the use of a phone number. Very rarely, Ofcom may order the reallocation or

change of mobile phone numbers, in which case we may have to change the phone

number we make available to you. If that happens and where possible we will provide you

with reasonable notice before making the change.

7. Content

We may vary Content, access to Content or the technical specification of the Service in a way

that might affect the Content from time to time (see clause E.7(b) for rights you may have if

variations are likely to materially disadvantage you). We will use reasonable skill and care to

maintain any Content that is provided by us or third party content suppliers appointed by us.

However, as Content is obtained from a large range of sources, it can be out of date,

incomplete or inaccurate and as such access to it is provided on an ‘as is’ basis: this means that

we do not state that such Content is of satisfactory quality, accurate, error free, secure, fit for

a particular purpose, complete or suitable. You must assess the integrity of the Content and

third party products and services for yourself as we are not responsible for any reliance you

place on the Content or any transactions you enter into (save for any negligence on our part).

In your use of the Content, you must be wary of Content owner’s rights, comply with

instructions for use and not infringe Content owner’s rights by changing, transferring, re-selling,

copying or using the same as part of other work (this doesn’t include printing or copying part

for your own personal use). For terms relating to Content provided not by us but by third parties

transmitted via the Network see clause G.1.4.

8. Roaming

1. Our Services may be made available to you in countries outside of the UK if we or the relevant

partner who provides us with our Network have Roaming agreements in place. Please check

your Roaming settings via your Account online and ensure that data is turned on via the Mobile

Handset. If you are Roaming in the EU, you also need to comply with our Roam Like Home

policy. The costs for outside of allowance for EU use and Additional Services that allow

Roaming outside of the EU are set out in our Tariff Table or are available from our Team.

Overseas network operators may bill us some time after you use the Services – sometimes up to

three months later, accordingly there may be a delay in when such Charges show up on your

bill. Please be aware that when you use your phone outside of the EU charges will apply.

2. If you are using your Mobile Handset in a location in the EU which is close to the border

between the EU and another country, outside of Roam Like Home, your phone may connect to a

network in that country, and you will be charged Roaming rates for that usage. To stop that

from happening you should take care to note the Network to which your mobile Handset is

connected before using it. You can also disable Roaming on your Mobile Handset or you can

contact the Team and we can disable Roaming for you.

9. Customer Satisfaction Guarantee and Warranty

1. If y

ou obtained a SIM directly from us (online, in store or by speaking to the Team over the

phone) then you may benefit from a customer satisfaction guarantee or a warranty. Full details

are available on our website at https://www.virginmedia.com/legal or from our Team.

2. If you return the SIM for any reason, we may still charge for your use of the Services at

the rates set out in our Tariff Table.

3. If you obtained a SIM somewhere else, for example from another high street retailer, our

customer satisfaction guarantee will not be available to you. You’ll need to go direct to that

retailer if you wish to return the SIM or if the SIM develops a fault.

4. In addition to the customer satisfaction guarantee and warranties provided by us, as a

consumer you may have what are known as statutory consumer rights and guarantees, that is,

rights granted to you by law. Any commercial guarantees and warranties provided by us or

otherwise are in addition to and do not replace or limit these rights. For further information on

these rights please visit the Citizens Advice website, a link to this website is provided at clause

G. 1. 1.c.

10. Additional services

Charges for any additional services will be specified in our Tariff Table and any additional terms

and conditions that apply will be made known to you as part of the process for agreeing to the

additional services. They will also be available on our website or from our Team. We may require

you to show a satisfactory credit score or billing history before we provide you with additional

services.

Other Legal Stuff

As well as this Agreement, the Services have Other Legal Stuff which applies to them and

their use, as notified to you in these terms or otherwise, including as published by us on our

website. These include, but are not limited to, the Traffic Management Policy, the Early

Disconnection Fees, and the Virgin Media Spending Caps Policy. These form part of this

Agreement and may be updated from time to time so please check the website regularly

and carefully.

E. Changes to this Agreement, the Charges, or our Services

1. General changes and details of changes:

Subject to the reminder of this clause E, we may at any time change this Agreement and/or

the Services including:

a. for security, technical or operational reasons;

b. if there is a change or amendment to any law or regulation which applies to

us or the Services provided to you;

c. if we decide the Services should be altered for reasons of quality of service or in our

reasonable opinion it is necessary to do so in order to continue to provide the Services

to you;

d. if the Services become uneconomical or technically impractical;

e. if the changes are exclusively to your benefit;

f. if we introduce new services, new service features or to reflect improvements;

and/or

g. in all other events, where we reasonably determine that any modification or change

in trading, operating or business practices or policies is necessary to maintain or

improve the Services provided to you.

Any changes we make will be notified to you in accordance with clause E.5 and the

latest version of our terms and conditions applicable to you will be available on our

website at virginmedia.com/legal or will be available from our Team on request.

Changes to the Charges will also be reflected in the Tariff Table. Please check our

website regularly for any changes.

2. Significant changes

Subject to the exceptions in clauses E.3, E.6 - E.9, and E.11, if we:

a. increase our Charges for any Services supplied to you under this Agreement

(except where it relates to the Annual Price Adjustment as detailed in clause E.11

below);

b. make any changes to the contracted Services (other than those permitted

under the terms of this Agreement) which are not to exclusively to your

benefit; or

c. make any changes to the terms of your Agreement which are not

exclusively to your benefit,

we will give you at least 30 days' notice of such a change and inform you of

your right to cancel this Agreement without paying an Early Disconnection

Fee by giving us notice in accordance with our instructions set out in our

notification. You need to give us your cancellation notice within 30 days of us

notifying you. You need to give us your cancellation notice within 30 days of

us notifying you. If you cancel this Agreement under this clause E.2, your

contract will terminate on the earlier of (i) 30 days after your notice is

deemed delivered in accordance with clause M.1.3, (ii) immediately when you

use a PAC or STAC Code; or (iii) the date on which the change comes into

effect, or, where this is not feasible due to the timing of your notice, as soon

as reasonably possible after that date.

3.Add-Ons, Supplementary Services and Non-Bundle Services

Other than where the exceptions in clauses E.6, E.7, and E.9 apply, where a change described

in clause E.2 relates:

a) only to an Add-On that you have already signed up to, you may cancel such Add-On

(without affecting the rest of this Agreement) by giving us notice accordance with

the terms of that service and you will not have to pay an Early Disconnection Fee for

that Add-On. If your Account is in credit from an Add-On, we will refund you the

amount of any credit you have paid for and not yet used (excluding any initial

airtime or other credit we may have credited to you). To claim your refund, you must

write to our Team within 90 days of the date of the change coming into effect. If you

decide to cancel this Agreement due to the change in Add-On and you are within

your Minimum Period for your core Services, you may still be required to pay an

Early Disconnection Fee by way of compensation to us for ending the core Services

early. We will inform you if this is the case;

b) only to a Supplementary Service that you have not already signed up to, you will not

have the right to cancel this Agreement; or

c) only to a Supplementary Service that you have already signed up to, and the

changes are not exclusively to your benefit, we will notify you of this and inform you

of your right to cancel the affected Supplementary Service and this Agreement

without paying an Early Disconnection Fee by giving us notice in accordance with

the instructions set out in our notification.

For the avoidance of doubt, this Agreement does not apply to Non-Bundle Services. Any

changes to Non-Bundle Services will be governed by the terms of those services, and any

changes to those services will not be covered by the rights to cancel this Agreement in

clauses E.2 and E.3. If you wish to end an agreement for any Non-Bundle Service, please

refer to the terms for those services.

4. Acceptance of Changes

ny continued use of our Services after the date of the change will be deemed to be

acceptance by you of the relevant change unless you give us notice of cancellation in

accordance with clause E.2.

5. C

ommunicating with you

1. If we need to notify you of a change to the Charges, Services or this Agreement in

accordance with this clause E and such change provides you with a right to cancel this

Agreement without paying an Early Disconnection Fee, then we will give you at least 30

days' notice of this change via electronic message, email, SMS or by post in accordance

with clause M.1. We will use the most recent contact details that you have given us (if any).

2. Where we make changes where no such right to cancel arises, , we will update our

website where appropriate and, where we consider it appropriate we may notify you

directly via electronic message, email, SMS, post, email, My Virgin Media or via bill

communication.

6. Other Changes

our right to cancel this Agreement during the Minimum Period without paying the Early

Disconnection Fee as described under clause E.2 and E.3(c) shall not apply if we make any

changes to the Charges, Services or this Agreement that are exclusively to your benefit or for

the following reasons:

a. the change is due to a change in law (including a change required by government or a

competent regulatory body) that applies to us and/or the Services we provide. This include

ny increase in the rate of VAT, the imposition of new tax or the extension of an existing tax

that has not previously applied;

is purely administrative and has no negative effect on you; or

c. we have a legal or regulatory obligation to pass on cost increases (e.g. where the

rvice charge for calling 084, 087, 09 and 118 numbers increases).

We will inform you of any changes made for the reasons set out in this clause E.6 in accordance

with clause E.5(2). If you decide to cancel this Agreement due to a change made for the reasons

set out in this clause E.6, and you are still within your Minimum Period, you may still be required

to pay an Early Disconnection Fee by way of compensation to us for ending the Services early.

. Su

bject to clause E.8, where our Charges or Services change in the ways described

below, you will not have the right set out in clauses E.2 and E.3(c) above to cancel thi

greement during your Minimum Period without paying an Early Disconnection Fee:

a) changes to Charges that are based on the cost of providing the Service to you or

carrying out the relevant task, and only to the extent that any change is directly

attributable to the cost element, and is not made more frequently than once in any

month (e.g. cost based elements such as paper bills, late payment fees, and Earl

isconnection Fees);

b) changes to Services which are variable and permitted under the terms for that

Service. Examples of such permitted variability include but are not limited t

etwork and Services (see clause D.1), Content (see clause D.7), and billing (see

clause F.3(2));

c) changes to international call rates that are directly linked to increases in wholesale

rates notified to us by other providers. Any changes to Charges under this clause

E.7(c) will be notified to customers and will not be made more frequently than once

per month; and / or

d) changes to Roaming services and Roaming Charges that are directly linked t

ncreases in wholesale rates or technological or service changes notified to us by

other providers. Any changes to Services or Charges under this clause E.7(d) wi

notified to customers and any changes to Charges will not be made more

frequently than once per month.

8. We will notify you of a

change under clause E.7 in accordance with clause E.5. If we

believe that such a change is likely to materially disadvantage you, we will notify you of

your right to cancel this Agreement and you may cancel this Agreement without paying

an Early Disconnection Fee in accordance with clause E.2 above.

9. If we enable you to use a service that is supplied by a third party and is subject to their

terms and conditions, we are not responsible for any changes made by that third party to

the third party's services, charges or terms and conditions or for notifying you of those

changes as such changes are outside our control and we may not be aware of them. You

will not have a right to cancel this Agreement during your Minimum Period without

paying an Early Disconnection Fee as a result of those changes.

10. If you have a Linked Agreement with us and you are notified by us of a right to

cancel that Linked Agreement because of a change that we have made to that Linked

Agreement, you may be able to also cancel this Agreement. We will notify you if this is

the case.

11.Agreed Annual Price Adjustment

The Charge for your plan will increase with your April bill each year. Any increase will

be in line with the Retail Price Index (RPI) rate of inflation

at the time plus an

additional 3.9% which is applied at the same time. We’ll always give you at least 30

days’ notice of the exact increase each year. We use the RPI rate announced in

February to adjust your bill. If the RPI rate is negative, we’ll only apply the 3.9%.

For example, if your monthly price for your plan is £22.50 a month when you sign up in

September (RPI rates illustrative only):

• Year 1: On y

our first April bill you would see your monthly price increase to

£23.94 a month (if RPI Rate announced in the February preceding the RPI

Change was 2.5%, plus the 3.9%) i.e. £22.50 x 1.064 = £23.94; and

• Year 2: On your next April bill you would see your monthly price increase to

£24.87 a month (if RPI Rate announced in the February preceding the RPI

Change was minus 1.5%, meaning we only applied the 3.9% increase), i.e.

£23.94 x 1.039 = £24.87366.

For

the avoidance of doubt, this Annual Price Adjustment will not provide you with a

right to cancel this Agreement.

F. Charges, payments and credit limits

1. Pay by Direct Debit

You must pay your bill by direct debit from a suitable bank allowing such payments and

you must maintain an active direct debit during your Minimum Period and at any time we

are providing you with pay monthly Services.

2. Credit Limits

We may set a monthly credit limit on your Account that will be an amount we reasonably

consider appropriate. If we do, we’ll let you know what the limit is. If you exceed the monthly

credit limit we may suspend access to the Services. You should not use the credit limit as a

budgeting tool as the amount you owe is not capped or limited and you will still be liable to

pay the Charges if you exceed the monthly credit limit we have set.

3. Charges, bills, paying on time and use of the Services outside of your Airtime Plan

1. We will apply the Charges to your Account. You will be responsible for paying all Charges

on your Account whether or not they have been incurred by you personally (except when

clause D.4.2 applies). Charges will be set out in the Tariff Table on our website. You can also

get a copy from our Team. All use of the Services that is in excess of or not included within

your Airtime Plan allowance will be charged to your Account separately at the applicable

rates specified in our Tariff Table.

We may amend the Charges as set out in clause E of this

Agreement.

2. We’ll send you a bill every month advising you of the total amount of Charges you owe us.

Subject to clauses E.7 and E.8 we may change the billing period at any time, but we will

notify you in advance if that happens. Our pricing, as set out in our Tariff Table and

elsewhere, assumes e-billing. If you request a paper bill, your paper bill is a Supplementary

Service and you agree to pay a reasonable separate Charge each month for this. The

current monthly Charge is detailed in our Tariff Table.

3. Each month, for customers using e-billing, we’ll let you know as soon as your bill is ready to

view. You can see your bill by logging in to your Account on our website. We may appoint a

third party to provide you with your bill on our behalf. Bills issued by such third party and

payment to that third party will be a valid discharge of your payment obligations under this

Agreement.

4. You must pay your Charges in full in the amount requested within 14 days of the date of your

bill. If the Charges are not paid in full and on time, we may stop you using some or all of our

Services and may also terminate this Agreement under clause J.2.1.d. If you think there is a

mistake on your bill, please tell us straight away.

5. If you do not pay a bill on time, we can charge you interest on what you owe at 4% above the

base rate of Barclays Bank plc. We will use the base rate that was in force when the bill was due

and we can charge you interest until you pay. We may also charge you any administration or

collection costs which we reasonably incur as a result of you not paying your bill on time and in

full.

6. We may require you to make a Deposit to be used as security for the Charges. We do not

pay interest on Deposits. A Deposit is likely to be required if you have less than four months’

credit history with us and wish to activate Roaming on your Account, for the reason set out in

clause L.2.1 or if you do not pay your bill on time. Deposit details are included in our Tariff

Table. We may use the Deposit to pay any Charges that you owe us that you have not paid. If

you do not owe us any money, we will repay the Deposit to you in full or, if you owe us less than

the Deposit, we will repay the balance once we’ve paid any Charges you owe us if:

a. This Agreement is cancelled in accordance with clause J.1; or

b. You return the SI M under the terms of any customer satisfaction or returns policy that

applies to your purchase.

7. You may also choose to pay the Charges in advance but must still maintain an active direct

debit for your Account. To pay the Charges in advance, either purchase and register a Virgin

Media Top-Up voucher or pay by credit/debit card. If we have reasonable cause to believe that

your card payment will be dishonoured or if we cannot validate any card details provided to us

we may refuse your chosen method and request an alternative.

G. Liability

1. Our Liability to you

1. Nothing in this Agreement removes or limits our liability to you for:

a. death or personal injury caused by our negligence,

b. fraud; and/or

c. any of the legal rights and remedies available to you in relation to the Services or this

Agreement as a consumer. None of these rights and remedies are affected by this Agreement.

For more information, please visit Citizens Advice at www.citizensadvice.org.uk or call 03454

040506*.

2. Apart from as set out above at clause G.1, we shall not be liable to you for:

a. business loss such as loss of income, profits, wasted expenses, revenue, anticipated

savings or loss of opportunity;

b. any corruption, deletion or loss of data in connection with the use of the Services; or

c. any indirect loss or damages which were not reasonably foreseeable as a consequence

of our breach at the time this Agreement was made (including loss of income, profits,

wasted expenses, revenue, anticipated savings or loss of opportunity).

3. Apart from as set out above at clause G.1.1 and G.1.2 our liability to you will be limited to

£3,000 for one incident, or £6,000 in total for all incidents that occur in any 12 month

period under this Agreement.

4. You may be able to use our Services to upload or transmit email or Content over the internet

or to access third party websites, Content and other material which is provided by third parties,

and to acquire goods or services from third parties. The Network is essentially the ‘pipe’

transmitting this Content to or from you without any control over this Content (including, goods

or Services the third party content providers may supply or provide to you). We therefore cannot

be responsible or held liable for third party sites, their content, or for any goods or services you

may obtain from them. Please remember you are responsible for any Content that you upload

or transmit. We are not responsible for notifying you of changes made by such third parties

to the third party sites, Content, goods or services, or to their terms as such changes are

outside our control and we may not be aware of them. You will not have a right to cancel

this Agreement during your Minimum Period without paying an Early Disconnection Fee as a

result of such changes (see clause E.9).

Claims

We encourage you to tell us about any claims for loss that you want to make against us as

soon as reasonably possible. This will allow us to look into your claim and any relevant

account records we have on our system before we delete the records in accordance with our

legal obligations.

hings beyond our contro

will not be liable to you if we are unable to provide you with Services, or perform any of our

obligations under this Agreement because of something beyond our control. Such factors may

include acts of God, industrial action, any act or decision made by a court of competent

jurisdiction, or delay, default or failure by a third party supplier or network operator.

4. As a consumer you also have other legal rights and remedies that apply in addition to

any provided to you under this Agreement or common law. Some of the key rights you have

as a consumer are contained in the Consumer Rights Act 2015, which provides legal

remedies to you where we have, for example, not exercised reasonable care and skill in

providing the Services to you, or where goods or digital Content we provide to you are

faulty or not as described. These remedies may include the right to ask us to fix the

problem or to a price reduction. Consumer law also gives you rights if we provide you with

misleading information that leads you to enter into an Agreement with us. For information

on your legal rights and remedies available to you as a consumer, please visit the Citizens

Advice website at www.citizensadvice.org.uk .

5. Continuation

This clause G will apply even after this Agreement has ended.

H. Suspending, terminating or disconnecting access to our Services

1. Network Problems

We may suspend your use of the Services or disconnect any SIM from the Network without

warning if the Network needs urgent maintenance or upgrading. We will try to make sure

this does not happen often and will provide notice where reasonably possible.

2. O

ther reasons

1. We may suspend your use of the Services (except for calls to emergency services) without

giving you notice if use of the Service is required to be suspended following an order, instruction

or request from any government body, a court of competent authority, any emergency service

organisation, or any other person or organisation with the appropriate authority to request suc

spension.

may suspend your use of the Services (except for calls to emergency services)

without giving you notice if you (or anyone who uses the SIM):

a. do not keep to the terms of this Agreement and we reasonably believe it to be a seriou

issue;

b. damage the Network or put the Network at risk;

harass, abuse or threaten our staff;

d. notify us that the SIM is lost or stolen;

e. exceed any credit limit we may have set for you or do not pay a bill when it is due or

where there is unusual use on the Account (for your security);

f. have provided us with material information that we reasonably believe is false or

misleading

;

g. suspend or cancel any direct debit for your Account or otherwise allow it to become

inactive unless alternative payment provisions have been agreed between us;

h. engage in fraudulent activity on your Account or we reasonably believe you have done so;

i. contravene our Acceptable Use Policy and we reasonably consider it to be a serious issue;

rare circumstances and while we would seek to avoid it, suspension under clauses H.1

and H.2 may result in us subsequently cancelling this Agreement and disconnecting you

from the Network without notice under clause J.2.1. The effects of this are set out at clause

J.3.

connection Charges

We may charge you a fee to reconnect you to our Services except where this is required

as a result of Network problems as set out in clause H.1 or due to our fault. Details of any

fee are included in our Tariff Table.

essaging Services

We may turn off your Messaging Services if they are inactive for an extended period of time

but we will let you know before this happens. If we do turn off your Messaging Services you

will lose all of the Content in your Messaging Services and we will be unable to forward any

unopened or unsent messages to you or anyone else.

I. Queries, questions and contact details

Contact details

1. If you have a complaint or question about our Services you can contact us at any time by

calling the Team on 0345 6000 789* (or 789 from your Virgin Mobile). You can also write t

s at The Team, Virgin Media, Sunderland, SR43 4AA or you can email us via the “contact

us” page on our website. We will try to resolve your complaint or questions as quickly as

possible. A guide to our Consumer Complaint Resolution Code of Practice can be found at:

virginmedia.com/legal/consumer-complaint-resolution-code-practice

2. If you have a complaint or question about your mobile insurance you could contact the Virgin

Media Protect Team at Asurion on 0345 030 32914*. You can email virginmedia@asurion.com

or write to Virgin Media Protect, PO Box 71012, London W4 9FW. 5.

Further help

1. We are members of the Communication and Internet Services Adjudication Scheme (CISAS).

This is an independent body set up to help resolve any problems with the services we provide.

For more information on how to refer a complaint to CISAS see www.cisas.org. uk. We may

replace this with another dispute resolution service at our discretion.

ou may also be able to refer a dispute to the European Online Dispute Resolution (ODR)

platform at http://ec.europa.eu/odr. The ODR is a web-based platform designed to help

consumers who have bought goods or services online. It provides access to independent

alternative dispute resolution services which are usually free for you to use.

J. When our Agreement ends

1. Your right to cancel:

1. Subject to clause E and clause J.3, you may cancel this Agreement:

a. by

law, within 14 days from your contract start date without giving any reason (the

Cooling Off Period);

b. at any time after that Cooling Off Period, for any reason, by giving at least 30 days’

notice to the Team;

c. by giving at least 30 days’ notice if we break this Agreement in any material way and do

not put it right within 7 days of you asking us to;

d. if all of the Services are permanently no longer available to you;

e. if you do not accept any change that provides you with a right to cancel which we notify

you about and you notify us in accordance with clause E.2 that you do not accept such a

change; or

f. at any time by terminating your services using a STAC code or moving your number to

another provider using a PAC code.2.

Our right to cancel

1. We

may cancel this Agreement immediately in the following circumstances (we will try

to provide you with such notice as is feasible in this case):

a. if we have already suspended access to the Services for any of the reasons set out in clause

H.2 and we reasonably believe that the grounds are serious and have not been, or unlikely to

be, rectified (but not if we have suspended access to the Services for the reason in H.2.1.a or

H.2.1.d);

b. if we have not already suspended access to the Services, for any of the reasons set out in

clause H.2 (except for the reason set out in clause H.2. 1.a) if we reasonably believe that the

circumstances are serious enough and have not been, or are unlikely to be, rectified which may

include fraudulent use, the sharing or accessing of illegal or abusive content or the harassment

of our staff;

c. if you do not keep to the terms of this Agreement and we reasonably believe it to be a

serious issue and do not put it right within 7 days of us asking you to;

d. if you do not pay the Charges in full or on time as set out in clause F.3.4 or you become

bankrupt or make any arrangement with your creditors;

e. if the Network is no longer available to us or if we cease operating as a business;

f. if our authority to operate as a public communications provider is suspended for any reason;

g. if in our reasonable opinion it is necessary to do so for security, technical or operational

reasons; or

h. at the end of your Minimum Period we may cancel your Agreement at any time by giving

you not less than 30 days’ notice.

3. Effect of this Agreement ending

1. If this Agreement ends, we’ll close your Account and disconnect you from the Services.

From this point you won’t be able to use the Services or make emergency calls on the

Network.

2. Your use of the phone number will also end once your Account is closed (unless you’re

moving to another provider in which case you will need to contact the Team) and you will

lose any Top-Up or Add-On credit (except in the circumstances where you have a right to

cancel pursuant to clause E).

3. You may be requested to return the SIM.

4. If this Agreement is ended for any reason, or if any of the Services are cancelled, we will be

entitled to keep any money held (including Deposits and advance payments) and to use that

money to pay any obligation or debt you may owe under this Agreement. We’ll get in touch

with you to refund to you any money remaining after these deductions, unless our costs to

administer that refund outweigh the actual Account balance.

Ending this agreement during the cooling off period

5. If you choose to use your right to cancel the Agreement during the Cooling Off Period, we

will refund payments you have made to us prior to cancellation, such as upfront card

payments or one time charges and where possible these will be refunded automatically to

the card used or where appropriate, applied to your Account. This will take place once you

have returned any equipment (including the SIM) obtained from us when we accepted your

application for the Services (the equipment) as set out at clause J.3.7 below.

6. You will still be liable for any out of allowance Charges or delayed Roaming charges

and a proportionate amount of the Charges for Services under J .3.8 below. Any such

Charges will appear on a further bill.

7. If you end this Agreement during the Cooling Off Period you must return any equipment to

us. You must keep the equipment safe and return it to us in its original packaging. If obtained

online or over the phone please follow the instructions provided to on the website or as

instructed when you contacted us. If you obtained the equipment in store please return it to the

store and our Team will assist you. We must receive the equipment within 14 days. If we do not

receive the equipment as instructed, we may need to charge you for our loss and for the cost of

recovering or trying to recover this from you.

8. For any Services used in this time you’ll need to pay us on cancellation an amount

proportionate to any Services provided to you up to the cancellation date and this amount

will be detailed on your next bill.

Cancelling this Agreement after the Cooling Off Period but before the Minimum Period

expires:

9. Subject to clause E, if you have cancelled this Agreement under clause J.1.1.b that is, after

your Cooling Off Period, for no reason, and before your Minimum Period expires; or if we have

cancelled this Agreement before the Minimum Period expires under our right to cancel where

there are serious grounds and we don’t think the situation is going to be rectified (including

where you have failed to keep up your monthly payments) (clauses J.2.1.a to J.2.1.d), then we

will charge you an Early Disconnection Fee which is by way of compensation to us for ending

this Agreement early.

10. The Early Disconnection Fee will be calculated at the date of cancellation and will

take into account how much of the Minimum Period is left, less any costs we save as a

result of the early termination. We will advise you of the charge ahead of cancellation and

you can find details of the Early Disconnection Fee on the Virgin Mobile website.

K. Your details and how we use and look after them

1. How we use your data

Please take time to read our privacy policy and our cookies notice which set out and apply to the

use of your personal and other information by us and our group companies and your rights in

respect of such use, but which are not part of this Agreement. We may need to change our

our website at virginmedia.com/legal .

2. Recording

We may record or monitor and conversations about your Account or our Services to

assist us to improve the quality of Service or Airtime Plans we provide to you.

3. Marketing consent

Where you have agreed to this, we may also use your personal information to contact you with

information about special offers and rewards (this may include special offers of other carefully

selected companies) and also disclose your personal information to other group companies so

that they can contact you with information about their products and services. Further

details are provided in our privacy policy as detailed at clause K.1.1 above.

4. Insurance

If you have taken mobile insurance via the Virgin Mobile website, we will provide your

personal information to the policy administrators, Asurion Europe Limited (Asurion) in order to

administer your policy, validate claims and for fraud protection purposes. Asurion administers

your insurance on behalf of the insurer and the policy underwriter, Liberty Mutual Insurance

Europe Limited who is the data controller for the purposes of data protection laws (Information

Commissioners Office registration number Z6118163). Once the relevant data has been passed

to Asurion, Asurion will undertake all responsibilities as data processor (for the purposes of

data protection laws) for Liberty Mutual Insurance Europe Limited in respect of that data.

Please refer to your policy documents for full details of how Asurion will use your data.

5. Caller Location Information

You agree that we will give your details, including mobile telephone number and

geographic location to the emergency services.

L. Credit checks

1. How and why?

1. Prior to entering into an Agreement for our Services we may carry out credit checks where

necessary to help us both confirm your identity and decide whether to accept your

application. The credit check may include looking at our own and the retailer’s information (if

you apply through a third party retailer), the details you have given us, and registering and

checking your information with credit reference agencies that will also check the details of

anyone you are financially associated with – for example, people you may have a joint bank

account with. You agree that we may conduct these checks and also register information

about you and the conduct of your Account with any credit reference agency who will also

record our search on their records. For the same reasons, we may also perform subsequent

credit checks whilst you maintain a financial obligation with us.

2. For the purpose of fraud prevention, prevention of money laundering, debt collection, credit

management and emergency services purposes, information about you and the conduct of

your Account may be disclosed to credit reference agencies, debt collection agencies, fraud

prevention agencies, security agencies, financial institutions, law enforcement agencies,

emergency services or other phone companies, for example, when checking details on

applications and credit-related or other facilities, managing credit and credit-related accounts

and facilities, recovering debt, checking details of proposals and claims for all types of

insurance, checking details of job applications and employees. For details of the relevant fraud

prevention agencies please write to our Compliance Officer at Media House, Bartley Wood

Business Park, RG27 9UP. You have a legal right to these details.

2. Our assessment

If our assessment of your credit check result does not meet our normal requirements then

we may require you to make a Deposit with us, or we may decline to provide you with

Services and particular Airtime Plan.

M. General

1. Notices

1. Any notices of change we give to you will be provided in accordance with clause E.5.

Other than where we inform you via our website

or via bill communication (e.g. clause

E.5.2), any other notices we give to you must be in writing and be delivered by hand, post or

sent to you electronically (e.g. by email, SMS, or via My Virgin Media).

2. Any notices that you give to us should be given in line with the directions set out on the

My Virgin Media area of the Virgin Media website or in your welcome pack or in the event

that you are notified of a right to cancel this Agreement in accordance with the instructions

set out in our notification of your right to cancel.

3. Where we send you a notification, or vice versa, the notice period will start from the day

on which the notice is delivered if it is delivered by hand, 2 working days (i.e. excluding

Saturdays, Sundays and public holidays) after the date it was posted if sent by post, or from

the date of successful transmission if it is sent electronically.

4. If you change your address, email address, direct debit or make any other changes to

your details call the Team straight away. It is your responsibility to ensure that the contact

details you supply to us are kept accurate and up to date

2. Severability

If a term of this Agreement is determined by a court not to be legally enforceable the remainder

of this Agreement shall still continue to be effective. We can also replace any term that is not

legally effective with a term of similar meaning that is lawful and effective.

nforcement

Failure by either you or us to enforce any rights under this Agreement shall not prevent either

you or us from taking further action.

4. Just us, no third party rights

This Agreement is just between you and us. A third party has no rights or benefits in or shall

be able to take any action against you or us in connection with it.

5. Inconsistency or conflict

Where there is any inconsistency or conflict between the online version of this Agreement and

any print version of it, the online version shall apply and override the print version. Where there

is inconsistency or conflict between the Other Legal Stuff and this Agreement the Other Legal

Stuff shall apply and override in relation to the subject matter of the Other Legal Stuff.

6. The law

This Agreement is governed by the law of England and Wales, unless you live in Scotland or

Northern Ireland, in which case it will be governed by Scots or Northern Irish law respectively. If

you or we have a dispute about this Agreement and want to take court proceedings, you or we

must do so in the relevant court of one of the four parts of the United Kingdom (England, Wales,

Scotland or Northern Ireland) which part’s courts will have exclusive jurisdiction.

*Please note standard call charges apply, please check with your network operator for rates.

Glossary:

Acceptable Use Policies means our acceptable use and fair use policies in force from time to

time, which can be seen at virginmedia.com/legal/acceptable-use-policy

Account means your customer account available to you at:

mobile.virginmedia.com/ecare/login

Add-On means an optional add-on product (for example a data add-on) that you choose to

take and which does not form part of your core Services, which has no Minimum Period or

has a Minimum Period or notice period of 30 days or less.

Additional Services means any Supplementary Services and / or Add-ons provided to you

by us (as applicable).

Age Restricted Services means any of the Content or Services that are specified for use by

customers of a specified age (usually 18) or over.

Agreement means these terms and conditions which cover the SIM card and the Services, the

Other Legal Stuff (where relevant) and the Charges and other relevant details in our Tariff

Table that apply to your Account.

Airtime Plan means the agreed allowance of minutes, texts and data that we provide to you

for an agreed monthly or other periodic payment – also referred to as a “tariff”. For example

a £5 a month 30-day SIM tariff might have an allowance of 250 minutes, unlimited text

messages and 500MB of data a month.

Annual Price Adjustment means the agreed annual price adjustment for the monthly

charge for your plan described in clause E.6.

Artificially Inflate Traffic means calls that result in a calling pattern or patterns that are

disproportionate to the overall type, amount, duration and/ or extent of calls which

would be expected from good faith usage of our Network or Services in accordance with

our Acceptable Use Policy.

Cooling Off Period means the 14-day period from your contract start date in which you

are legally entitled (with no requirement to give us a reason) to cancel your Agreement

with us.

Charges means charges for access to and use of the Services as set out in the Tariff Table

and any relevant marketing material or other materials setting out the details of your

Airtime Plan or other extras such as Add-Ons. Charges may cover (without limitation)

include call and usage charges, fixed periodic charges (if applicable), all reasonable

administration charges, and any costs incurred in collecting outstanding payments from

you.

Content means information, images and sounds, communications, software or any other

material contained or made available through the Services.

Deposit means a refundable amount that we may ask you to pay to us before we provide

you with access to the Services or any Additional Services.

Early Disconnection Fee means the charge described in clauses J.3.9 and J.3.10.

Linked Agreement means another agreement with us that is linked to this Agreement in a way

defined as a bundle in Ofcom’s General Conditions of Entitlement effective from 17th June 2022.

Mobile Handset means your handset, manufacturer’s charger and any ancillary equipment such

as headphones supplied with the handset obtained from us when you signed up to receive the

Services.

Messaging Services means any email, voicemail, text (SMS) and multi-media messaging

services (MMS), personal information management and other message or communication

facilities which let you communicate with others and also includes the voicemail storage and

retrieval service and/or any other type of message storage and retrieval service that we may

offer from time to time.

Minimum Period means the minimum fixed period for the supply of your Airtime Plan, SIM

and Services starting from the contract start date. Unless we agree otherwise the

Minimum Period will be 24 months from the contract start date.

Network means the mobile telephone system that provides our Services.

Non-Bundle Service means services provided by us under a separate agreement that is not a

Linked Agreement (e.g. Priority from O2);

Other Legal Stuff means the relevant additional terms and conditions which apply to our

services, including our Acceptable Use Policies and Roam Like Home and any applicable

promotional offers relating to our services, as published by us on our website as updated by

us from time to time.

Pay Monthly SIM only means an agreement for the Service, Airtime Plan and SIM only

on a pay monthly basis.

Roaming is a service that allows you to access the Services on a network belonging to

another operator outside of the UK.

Roam Like Home means the use of your inclusive minutes, texts and data allowance in your

Airtime Plan while Roaming in the EU. Fair Use Policy applies virginmedia.com/legal.

Services means the mobile telephone services offered by us including but not limited to,

call services, internet access, Messaging Services, Age Restricted Services and Additional

Services where appropriate, which we have agreed to provide to you under this

Agreement.

SIM means a card which contains your Virgin Mobile phone number and enables you to

access our Services.

Supplementary Service means an extra service (excluding Add-ons) which is linked to the

core Services provided by us under this Agreement which you use, register or sign up for

and

is described as a supplementary service in its terms and conditions (e.g., paper billing (see

clause F.3(2) above).

Tariff Table means our current list of charges and prices which is updated from time to time

in accordance with clause E and available on our website at virginmedia.com/virgin-media-

mobile/pay-monthly/pay-monthly-call-charges.html, in our latest catalogue, or from our

Team upon request.

Team means the Virgin Mobile customer service Team. Our contact details are

03456000789* or 789 from your Virgin Mobile.

Top-Up means a voucher, receipt or other pre-payment mechanism that allows you to add

credit to your Account by one of the means we offer so that you can access our Services.