STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF GOODS AND SERVICES
You should read these terms and conditions carefully:
Additional Services: additional or supplemental services for which a charge is made in addition to the fixed periodic charges for the Services (if applicable).
Age Restricted Services: any Services for use only by customers 18 or over.
Cancellation Fee: means, a fee charged if we end the agreement due to your conduct or if you end your agreement within the Minimum Term. This fee may cover (without limitation) your fixed periodic Charges for the Minimum Term, our administrative costs, costs incurred by us in Connecting and Disconnecting the Services and our payments to operators, network providers, stores or agents.
Charges: charges for access to, and use of, Services. These charges may cover (without limitation) fixed periodic charges, usage charges, account administration fees, fees for Connection and re-Connection, a Cancellation Fee (where applicable) and any costs incurred in collecting outstanding payments from you.
Connection: the procedure by which we give you access to Services. ‘Connected’, ‘Connecting’, and ‘re-Connection’ have corresponding meanings.
The Contract: this contract.
Customer: Any person purchasing goods and/or Services from Yellowcom.
Damage: any accidental, sudden and unforeseen damage to the Handset caused by external means which affects the operational functioning of the Handset.
Disconnection: the procedure by which we stop your access to Services. ‘Disconnected’ and ‘Disconnecting’ have corresponding meanings.
External Airtime Contract: any mobile phone airtime contract entered into by a Customer through, or on the advice of, Yellowcom.
GSM Gateway: any equipment containing a SIM card which enables the routing of calls from fixed apparatus to mobile equipment by establishing a mobile to mobile call.
Handset: the device or mobile handset that is authorised by us for Connection to the network which is used to access Services.
Hardware Allowance: Any cash payments made by Yellowcom to the Customer for the purpose of purchasing hardware for use in relation to The Contract.
Item: any goods ancillary to Mobile Phone Equipment; accessory; promotional items; and/or any other goods supplied under this contract.
Messaging Services: any email, fax and voicemail Services, text message and multimedia messaging Services, personal information management and other message or communication facilities which let you communicate with others.
Minimum Term: the minimum fixed term for the supply of Services.
MNO: the mobile network operator providing network services to Gamma Telecom Ltd.
Mobile Phone Equipment: any cellular telephone and/or ancillary goods supplied by Yellowcom under this contract.
Network Airtime Contract: any contract which a Customer enters into with a mobile phone network other than Yellowcom, which has been purchased by the Customer through Yellowcom.
Premium Services: any Services which are charged at premium rates. You can only access these Services – such as international calling and international roaming – with our approval.
Services: the services offered by us, including Yellowcom Airtime Contracts; Yellowcom Broadband Contracts; Yellowcom Landline Contracts; Network Airtime Contracts call services, Messaging Services, Storage Services, Age Restricted Services and Premium Services, which we agree to provide for you.
Retail Price: The as new retail price charged by Yellowcom for Mobile Phone Equipment and Items.
SIM: a card which contains your phone number and enables you to access Services.
Storage Services: any Services which offer you storage capacity on the network for storage of content which you access from us.
Suspension: the procedure by which we temporarily disconnect your access to the Services. ‘Suspend’ has a corresponding meaning.
Yellowcom: Yellowcom Ltd, a company registered in Scotland with registration number SC311729.
Yellowcom Airtime Contract: Any contract between Yellowcom and a Customer in terms of which Yellowcom provides the Customer with mobile phone airtime.
Yellowcom Broadband Contracts: Any contract between Yellowcom and a Customer in terms of which Yellowcom provides the customer with broadband internet access.
Yellowcom Landline Contract: Any contract between Yellowcom and a Customer in terms of which Yellowcom provides the customer with landline telecoms services.
2 Our Services
2.1 Yellowcom is a telecoms service provider, offering bespoke telecoms solutions to businesses.
2.2 Yellowcom services include:
- (a) provision of Yellowcom Airtime Contracts;
- (b) provision of Yellowcom Landline Contracts;
- (c) provision of Yellowcom Broadband Contracts;
- (d) advising on appropriate airtime contracts with other network providers.
2.3 We will perform the contract with reasonable skill and care.
2.4 We shall not be liable for airtime charges during any period.
2.5 Yellowcom will carry out a credit check prior to acceptance of your order.
3 Ownership of Mobile Phone Equipment and Items
3.1 Where Yellowcom sells Mobile Phone Equipment and/or Items to a Customer, title to said Mobile Phone Equipment and/or Items shall not transfer to the Customer until the Customer has paid the full Retail Price of said Mobile Phone Equipment/Items to Yellowcom.
3.2 Where Yellowcom provides Mobile Phone Equipment and/or Items available to a Customer for use in relation to a Yellowcom Airtime Contract, title to that equipment shall not transfer to the Customer until the expiry of the Minimum Term of the Yellowcom Airtime Contract.
3.3 Where Yellowcom provides Mobile Phone Equipment and/or Items available to a Customer for use in relation to an External Airtime Contract, title to that equipment shall not transfer to the Customer until the expiry of the Minimum Term of the External Airtime Contract.
4 Discounts, allowances and benefits
4.1 Yellowcom, at its sole discretion, may from time to time offer Customers discounts and/or allowances and/or other benefits. Without prejudice to generality, such discounts and/or allowances and/or other benefits may comprise:-
- (a) the provision of Mobile Phone Equipment;
- (b) the provision of Items;
- (c) a Hardware Allowance;
- (d) discounts on Charges for use of the Services and/or Premium Services;
- (e) Buying out and/or paying termination charges in respect of any Customer’s contract with any other telecoms provider.
4.2 All offers made by Yellowcom to Customers in relation to Mobile Phone Equipment are limited period offers subject to availability and status. Offers may be changed or withdrawn at any time.
4.3 All discounts and/or allowances and/or other benefits are subject to the strict condition that the Customer fulfill all of its obligations to Yellowcom.
4.4 In the event that the Customer fails to fulfill any obligation to Yellowcom, Yellowcom may, at its sole discretion, demand repayment from the Customer of a sum equivalent to the value of the discount and/or allowance and/or other benefit at the time that the benefit was offered to the Customer. Where the allowance given to the Customer by Yellowcom involves the provision of Mobile Phone Equipment and/or Items, Yellowcom shall be entitled to demand payment of the Retail Price of equivalent Mobile Phone Equipment and/or Items.
4.5 Any sum demanded in terms of Clauses 3.2 and 3.3 (above) shall be repayable by the Customer to Yellowcom within 7 days of the date of demand.
4.6 In the event that the Customer fails to repay any sum demanded by Yellowcom within 7 days in accordance with Clauses 3.2 and 3.3 (above), Yellowcom shall be entitled to charge interest on the sum demanded at a rate of 8% per annum from the date of demand until payment.
5.1 Delivery of Mobile Phone Equipment and other Items in terms of this Contract shall be made to an address in mainland UK only. We shall endeavor to deliver the items within three working days of Customer orders. This delivery period is an estimate only and Yellowcom accept no responsibility for late delivery unless the delay exceeds a period of thirty days from the date of your order. Yellowcom accept no responsibility for late delivery due to insufficient or wrong information provided by the Customer, or delays in the connection process, this includes mandatory proofs requested by the network and completion of the network contract. Goods received damaged or with items missing must be reported to us by the Customer within 24 hours of delivery.
5.2 It is the Customer’s responsibility to inspect the delivered package prior to signing for it. If the package is damaged or appears to have been tampered with, opened or resealed in any way then the Customer should not sign and contact Yellowcom Ltd immediately on 0141 882 4563.
6 Warranty Replacement/Repair
6.1 If any Mobile Phone Equipment or Item provided by Yellowcom in terms of this Contact is faulty within 28 days of the date of delivery to the Customer, we will make arrangements under the manufacturer’s warranty, to repair the said Mobile Phone Equipment or Item.
6.2 If repair is not possible, we may replace the Mobile Phone Equipment or Item with a new one of the same model and specification, please see point below regarding customer and/or liquid damage.
6.3 If no Mobile Phone Equipment or Item of the same model and specification is available, we will contact you to discuss the options.
6.4 If any Mobile Phone Equipment or Item becomes faulty after 28 days, the Customer should contact Yellowcom to arrange for the Mobile Phone Equipment or Item to be repaired by the manufacturer. The repair process can take up to 4 weeks and we have no control over the manufacturer’s repair process. At their discretion and subject to their terms and conditions, the administrators of any insurance policy you may have taken out on the handset may be able to arrange replacement. Yellowcom Ltd has no power over insurance providers whether network or third party. Damage found to be caused by liquid or user fault will be chargeable. If the fault found is to be chargeable, Yellowcom Ltd will contact you to agree the costs before proceeding with the repair. A diagnostic charge may apply.
7 Loan phones
7.1 Upon request and at our discretion, we may offer you a loan handset if yours is required to be returned for an in-warranty repair. These `Loan Phones` are inspected before dispatch and are offered under the following conditions:
- (a) Failure to return the handset within the agreed loan period will incur a £100.00 charge.
- (b) Purely cosmetic damage will incur a minimum charge of £25.00.
- (c) Mechanical, electronic or other functional damage will incur a cost equivalent to the cost of repair plus £25.00.
- (d) Yellowcom Ltd make no claims as to the operation of the loan phone and will not be responsible for any damage, loss (including earnings of profit) or inconvenience caused by non-delivery or failure to work.
7.2 You are responsible for the safe return of the handset (including all components and packaging), under penalty of the above charges.
7.3 In the event that a Customer fails to return a loan handset, the Yellowcom shall be entitled to demand payment of the full original retail price of the loan handset, together with any other charges applicable in terms of Clause 7.1.
8 Payment for goods and Services provided by Yellowcom
8.1 Payment for goods and Services provided to the Customer by Yellowcom is due by the Customer at the end of month following month of invoice by Yellowcom.
8.2 These terms must be strictly adhered to.
8.3 Yellowcom understand and will exercise our statutory right to claim interest and compensation for debt recovery costs (£40.00 per overdue invoice) under the Late Payment Commercial Debts (Interest) Act, if not paid in accordance with agreed credit terms.
9.1 Charges/Price variations – Each year your Monthly Subscription Charges will be subject to an annual adjustment by the RPI Rate. RPI (or Retail Price Index) is a measure of inflation published by the Office of National Statistics. It measures the change in the cost of a sample of retail goods and services. This adjustment could be an increase or a decrease and the adjusted amount will first appear on your April bill. E.g. below (RPI rates illustrative only):
If your airtime tariff is £21 a month when you sign up in September.
Year 1: if RPI Rate announced in the Feb preceding the RPI Change was 3.0%) i.e. £21 x 1.030 = £21.63; On your first April bill you would see your airtime tariff increase to £21.63 a month and
Year 2: If RPI Rate announced in the Feb preceding the RPI Change was 2.7%), i.e. £21.63 x 1.027 = £22.21401.On your next April bill you would see your airtime tariff increase to £22.21 a month
10 Completion of Minimum Term
10.1 By entering this Contract, the Customer undertakes to complete and fulfill all obligations incumbent upon it throughout the whole of the Minimum Term.
10.2 Once the Minimum Term has been completed, the Customer has the right to cancel the Contract. A minimum 90 day notice period must be served. The cancellation notice must be given in written via fax, letter or email.
11 Limitation of liability
11.1 Under no circumstances shall Yellowcom be liable to the Customer or any other person for any loss or damage arising out of, or relating to, the services that Yellowcom provide in relation to any loss of profits, loss of sales, loss or turnover, loss of bargain, loss of opportunity, damage to goodwill or reputation, loss of use of any apparatus, software or data loss or time on the part of management or the staff or any indirect or consequential loss or damage however so arising, for death or personal injury.
11.2 In the event that the Customer uses any Mobile Phone Equipment and/or Item for a commercial purpose then Yellowcom shall not be liable to you for any loss of income, business or profits or any other economic loss arising out of your use or inability to use any item at any time, however this loss may be caused and whether or not it is a result of the Customers own negligence.
11.3 Nothing in The Contract shall exclude or restrict the liability for death or personal injury resulting from the negligence of Yellowcom, or of its employees while acting in the course of their employment with Yellowcom.
11.4 Any liability of Yellowcom to the Customer arising in contract, delict or otherwise arising out of or in connection with the performance of its obligations under the Contract shall be limited to £1 million for any one incident or series of incidents and £2 million in aggregate.
11.5 Yellowcom shall not be liable to the subscriber for any breach of any provision of The Contract caused by any reason outside the control or responsibility of Yellowcom including, without prejudice to generality:
- (a) the failure of any third party public telecommunications operator or network carrier to provide network capacity (or any element thereof) to Yellowcom on which Yellowcom was reliant for the purposes of The Contract (whether in breach of contract or otherwise);
- (b) any Act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance;
- (c) any act or omission of Government, highways authorities, or other competent authorities.
11.6 Yellowcom shall not in any way be liable to the Customer for any indirect, consequential or incidental loss or special damages howsoever arising or for any loss of revenue, anticipated savings or profits and the Customer shall indemnify and keep Yellowcom indemnified against any claims and expenses arising out of the foregoing. For the avoidance or doubt, Yellowcom shall not in any event be liable to the Customer or any other person for any claims, liabilities, damages, costs or losses, whether direct or indirect or indirect for any loss of revenue, business, anticipated savings or profit arising in connection with the failure of the Customer to comply with any or all of its obligations under The Contract.
12 Tariff Changes
12.1 It is the Customer’s responsibility to ensure that it chooses the correct tariff to avoid these penalties.
12.2 Yellowcom shall not be responsible for any charges incurred by a Customer as a consequence of changing tariffs.
12.3 The Customer shall indemnify, and keep indemnified, Yellowcom for any and all costs and/or charges which may be incurred by Yellowcom as a direct or indirect consequence of a Customer changing tariffs.
13.1 Please note that by upgrading The Contract the Customer is committed to a new Minimum Term.
14 Mobile Number Porting
14.1 Yellowcom can offer to port Customer’s existing mobile phone numbers if the Customer is connecting to a different phone network and can provide Yellowcom with an active PAC code from your existing network.
14.2 Yellowcom cannot be held liable for any consequential loss resulting from a mobile number port failure.
14.3 The Customer must notify Yellowcom of any problems within 14 days of connection.
14.4 Yellowcom shall not be held responsible for the cancellation of previous contracts, PAC charges, or expiration of PACs.
15.1 If any provision of this Contract is found to be void and/or unenforceable, that provision shall be deemed to be deleted from this agreement and the remaining provisions shall continue in full force and effect.
16 Choice of law and jurisdiction
16.1 This agreement shall be governed by, and construed in accordance with, the law of Scotland, and shall be subject to the exclusive jurisdiction of Glasgow Sheriff Court.
17 Statutory Rights
17.1 The Customer’s rights and obligations under these terms and conditions are personal to the Customer and may not be assigned by the Customer to any other person. Yellowcom may transfer our rights and/or obligations under these terms and conditions or any part thereof.