Classic –
Terms and
Conditions.
The full terms of your agreement with Virgin
Mobile are below and it’s important that you
read and understand them before you take our
services and before you start using our services.
Just in case this summary and the full agreement
seem to say dierent things the terms in the full
agreement will be the terms that apply to your
agreement.
a. Your cooling o 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 you will have to
give us 30 days’ notice and pay an early disconnection fee. We will
tell you how much this will be before you cancel.
b. Your minimum commitment (clause B.2)
• 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 nished,
you will have to pay an early disconnection fee. We will tell you how
much this will be before you cancel.
• 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 (clauses E.6 and E.3)
• The price of your plan will increase each July, in line with RPI. We will
give you 30 days’ notice of this increase.
• In addition, we may change or increase our charges under this
agreement at any time. We will give you 30 days’ notice of this. If
you are unhappy with these changes, in most cases you can cancel
this agreement by giving us 30 days’ notice without paying an early
disconnection fee.
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 aected 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 (clause 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 nd more detail in clause 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 to avoid
being liable for charges of up to £100. 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 oce is at Media
House, Bartley Wood Business Park, Hook, Hampshire RG27 9UP. 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 dierent insurance provider.
3. The words highlighted in bold 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 (your
contract start date). We will need to conrm 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 J.1.
You should be aware that if you cancel during your minimum period
you will have to pay an early disconnection fee, as set out in clause
J.3.10.
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
clause 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 rst.
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 aected as a result.
4. What does it cover?
1. This contract 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 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 dierent 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 o period or if we break the
terms of this agreement, the add-ons will also be non-cancellable and
non-refundable 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 are age restricted. If you are under the
specied age that may apply to any age restricted services you are
not permitted to access them. If you are the specied age or over and
you access the age restricted services you must not share them with
anyone under the specied age. If you let anyone under the specied
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 ag 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
oers agreed with you when you signed up to this agreement and any
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 clause J. If you do not wish
your contract to change in this way and to cancel the agreement at the
end of the minimum period you need to provide us with notice 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. The services are available for you to access where you are in range
of a base station which forms part of the network. The network
comprises dierent 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 aected 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 aect availability of the
services.
3. The network may from time to time need maintenance or other work
which may result in interruptions to services. 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.
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 dierent 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 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
articially inate trac 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, oensive, 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 nd details in our tari 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 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, t 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 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 by 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 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 tari 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 you obtained a SIM directly from us (online, in store or by speaking
to the team over the phone) then you may benet from a customer
satisfaction guarantee or a warranty. Full details are available on our
website at http://store.virginmedia.com/the-legal-stu/virgin- media-
mobile.html 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 tari 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 specied in our tari 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.
11. Other legal stu
As well as this agreement, the services have other legal stu which
applies to them and their use, as notied to you in these terms or otherwise,
including as published by us on our website. These 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:
1. We may at any time (with prior notice where reasonably possible)
change this agreement and/or the services:
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;
c. if the services become uneconomical or technically impractical;
d. if the changes are minor and do not aect you signicantly;
e. to reect improvements; and/or
f. where we reasonably determine that any modication or change in
trading, operating or business practices or policies is necessary to
maintain or improve the services provided to you.
2. We may change our charges, introduce new charges or change the
terms of this agreement at any time. We will give you no less than 30
days’ written notice if we:
a. increase our monthly charges to you under this agreement (except
where it relates to a price adjustment as detailed in clause E.6 below);
and/or
b. make signicant changes to the agreement or other legal stu which
are likely to materially disadvantage you.
3. You may cancel this agreement without having to pay the early
disconnection fee during the 30 days’ notice period (detailed in clause
E.2) by giving us 30 days’ notice to cancel your agreement and you
will not be aected by the notied changes. Your agreement will be
cancelled at the end of the 30 days’ notice period you have provided
us or before this time if we agree this with you. If you do not provide
the cancellation within this specied period you will not be able to
cancel the agreement under this clause E.3 and the increase in monthly
charges and/or material changes to this agreement will apply.
4. You may not cancel this agreement under clause E.3 if:
a. we implement a change that has been imposed on us by a regulator
with appropriate authority, for example Ofcom or as a direct result of
new law or government regulation;
b. it relates only to an additional service (unless we specically notify
you of a right to cancel in which case you may cancel by providing us
at least 10 days’ notice); or
c. it relates to a price adjustment as detailed in clause E.6 below.
5. If your account is in credit from an add-on we will refund you the
amount of credit you have paid for and not yet used (excluding any
initial airtime or other credit we may have credited to you).
6. The charge for your airtime plan will increase with your July bill each
year. Any increase will be in line with the retail price index (RPI) rate of
ination at the time, and we’ll always give you at least 30 days’ notice
of the exact increase each year. We use the RPI rate announced in April
to adjust your bill.
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 the all charges on your account whether or not they have
been incurred by you personally (except when clause D.4.12 applies).
Charges will be set out in the tari 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 will be charged to your account
separately at the applicable rates specied in our tari table.
2. We’ll send you a bill every month advising you of the total amount of
charges you owe us. 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 tari table and elsewhere, assumes e-billing. If you request
a paper bill then you agree to pay a reasonable separate charge each
month for this. The current monthly charge is detailed in our tari 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 outside of the EU 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 tari 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 SIM 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 aected 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, prots, 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, prots, 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.
2. 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.
3. Things beyond our control
We 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 x 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. Other 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 such suspension.
2. We 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 serious issue;
b. damage the network or put the network at risk;
c. harass, abuse or threaten our sta;
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;
3. In rare circumstances and while we would seek to avoid it, suspension
under clauses H.2 may result in us subsequently cancelling this
agreement and disconnecting you from the network without notice
under clause J.2.1. The eects of this are set out at clause J.3.
3. Reconnection 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 tari table.
4. Messaging services
We may turn o 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 o 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
1. 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 to us at The Team, PO Box 333
Matrix Court, Swansea SA7 9ZJ 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: http://store.virginmedia.
com/content/dam/eSales/Downloads/Consumer%20Complaint%20
Code%20of%20Practice.pdf.
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 [email protected] or write to Virgin
Media Protect, PO Box 71012, London W4 9FW.
2. 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.
2. You 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. You may cancel this agreement:
a. by law, within 14 days from your contract start date without giving
any reason (the cooling o period);
b. at any time after that cooling o 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 we notify you about in
accordance with clause E.2 and you notify us in accordance with
clause E.3 that you wish to cancel this agreement;
f. at any time by giving us not less than 30 days’ notice – but if
this is during the minimum period you will have to pay the early
disconnection fee. If you want to cancel the agreement so that it
ends at the end of the minimum period, you can give us notice 30
days’ notice before the end of the minimum period.
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, rectied
(but not if we have suspended access to the services for the reason
in H.2.2.a or H.2.2.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.2.2.a) if we reasonably believe that the circumstances are
serious enough and have not been, or are unlikely to be, rectied
which may include fraudulent use, the sharing or accessing of
illegal or abusive content or the harassment of our sta;
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. Eect 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 set out in clause E.5.
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 o period:
5. If you choose to use your right to cancel the agreement during the
cooling o 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 o 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 o period but before
the minimum period expires:
9. If you have cancelled this agreement under clause J.1.1.b that is, after
your cooling o 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
rectied (including where you have failed to keep up your monthly
payments) (clauses J.2.1.a to J.2.1.c), 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 disconnection. We will advise you of the charge ahead of
cancellation and you can nd 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 privacy
policy and cookies policy from time to time. Our latest policies will always
be posted on our website at http://store.virginmedia.com/the-legal-stu/
security-privacy-virgin-mobile.html.
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 oers and
rewards (this may include special oers 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 Oce
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.
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 conrm 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 nancially
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 nancial 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, nancial
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 Ocer
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. If we need to send you any notices under this agreement we will
communicate via phone, text message, email or by post using the
most recent contact details you have given us. The notice will be
considered to have been received by you at the time of the call,
transmission of the message or email.
2. If you change your address, email address, direct debit or make any
other changes to your details call the team straight away.
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
eective. We can also replace any term that is not legally eective with
a term of SIMilar meaning that is lawful and eective.
3. Enforcement
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 benets in or shall be able to take any action against you or us in
connection with it.
5. Inconsistency or conict
Where there is any inconsistency or conict 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
conict between the other legal stu and this agreement the other
legal stu shall apply and override in relation to the subject matter of
the other legal stu.
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 http://store.virginmedia.
com/the-legal-stu/acceptable-use-policy.html.
add-on means a product (for example a data add-on) that allows you to
obtain access to our services when you are outside your airtime plan, for
example, by purchasing a specic time limited allowance of the service.
The use of adds-ons will be covered by this agreement and any other
terms that we make available to you at that time.
additional services means optional services (for example roaming
outside of the EU, access to services charged at premium rates, content
or applications) which are likely to be supplied outside of your airtime
plan and are chargeable at the rates set out in our tari table.
age restricted services means any of the content or services that are
specied for use by customers of a specied age (usually 18) or over.
agreement means these terms and conditions which cover the SIM card
and the services, the other legal stu and the charges and other details
in our tari 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 “tari” . For example a £5 a month 30-day SIM tari might
have an allowance of 250 minutes, unlimited text messages and 500MB
of data a month.
articially inate trac 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 o 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 tari 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, xed 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 clause J.3.9.
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 oer from time to time.
minimum period means the minimum xed 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.
other legal stu means the additional terms and conditions which apply
to our services, including our acceptable use policies and roam like
home and any applicable promotional oers relating to our services, as
published by us on our website as updated by us from time to time.
price adjustment means an increase charges in line with the current retail
price index rate of ination as described at clause E.6.
pay monthly SIM only means an agreement for the service, airtime plan
and SIM only on a pay monthly basis.
roaming is an additional service that allows you to access the services
on a network belonging to another operator outside of the UK.
roam like home means our acceptable use policy for roaming.
services means the mobile telephone services oered 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.
SIM means a card which contains your Virgin Mobile phone number and
enables you to access our services.
tari table means our current list of charges and prices which is updated
from time to time and available on our website at https://my.virginmedia.
com/discover/mobile/your-mobile/your- tari/taris/, 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 oer so
that you can access our services.
your account means your customer account available to you at: https://
mobile.virginmedia.com/ecare/login
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