UK2Abroad Terms and Conditions of Sale

 

Definitions:

“Agreement” is the agreement between You and Us for the Service (see 1a below) to which these conditions will apply;

“Account” is the account in which We record all Your credit and charges;

“Billing Card” means the credit card or other type of payment card You use to pay Us and details of which You supply to us and which You are authorised to use;

“Calls” means calls made and received whilst connected to networks with which We have a roaming agreement;

“Charges” are the charges for the Service (see 1a below) You use and these are shown in the Price List, as updated from time to time;

“Credit” means the monetary amount We credit to Your account via Our pre pay service;

“GPRS” is the General Packet Radio Service for the transmission and receipt of data;

“Goods” means a SIM Card and its plastic housing, Credit and any accompanying documentation;

“Network” is the Digital GSM Network;

“PIN” means the Personal Identity Number used to provide extra security for Your mobile phone and SIM Card;

“Price List” means the pricing information available on Our Website at www.uk2abroad.com/destinations/rates as amended from time to time in accordance with 1b below;

“Registered Email Address” means the email address You registered on Our Website;

“Support Centre” is reachable by contacting the centre defined on the “Contact Us” page of Our Website;

“Text Messages” means short message service messages sent and received whilst connected to networks with which We have a roaming agreement;

“Voicemail Service” means voice message service and includes, where the context requires or permits, any service or facility comprised in such service;

“SIM Card” means the Subscriber Identity Module issued to You for use with Our network;

“Service” or “Product” is defined at 1a below;

“We” “Us” and “Our” is 2Abroad Ltd (trading as UK2Abroad) which has a registered office at 138 Wayside Green, Woodcote, Reading RG8 0QJ;.and

“Website” is http://www.uk2abroad.com and https://secure.2abroad.com.

 

Acceptance of Terms and Conditions

We promote the Service and provide Products to You (alternatively, the “Customer”) in accordance with the following terms and conditions of sale (the “Terms and Conditions”).

The Terms and Conditions apply to all transactions made between You and Us including, but not limited to, via Our Website or over the telephone to Our Support Centre.

Owing to the fast moving nature of the international telecommunications market, Terms and Conditions may be subject to change at any time.  In the event that We need to change the Terms and Conditions, We will publish the revised Terms and Conditions on Our Website and inform You of such publication as soon as reasonably practicable via email your Registered Email Address (the “Email”). In the event that You fail to notify us of any objection to the changes to the Terms and Conditions within ten business days from the date We sent the Email, You will be deemed to have accepted such changes. If You do have an objection to the changes to the Terms and Conditions, please contact Us and we will do our best to resolve your query quickly.

By using Our Website or placing an order over the telephone You are confirming Your acceptance of Our Terms and Conditions and agree to be bound by them.

Please note that if You are not the Billing Card owner, You must obtain the full permission of the cardholder before placing an order with Us.

 

1) Goods Description

a. Product/Service: The Service is a SIM card which, in conjunction with pre-pay credit provides low-cost calls to and from many countries around the world, and in some cases free incoming calls. Customers purchasing a Global SIM card will be provided with a 07 mobile number and, at their option, a UK landline number to use our Keep Your Number™ service. Full lists of destinations, rates and costs of Services, and minimum requirements can be found on Our Website. Customers purchasing a US SIM card will be provided with a UK landline number to use our Keep Your Number™ service as well as a US mobile number. The Service is a radio based GSM service so there will be natural limitations to its quality and coverage. We will not be held liable for any failure, interruption, delay, suspension, or restriction of the GSM services or for a call being cut off for any reason whatsoever. For the avoidance of doubt, there will be no automatic compensation for disrupted calls howsoever occuring.

b. Price of Call and Text Messages: The cost of the Calls and Text Messages is as set out in the Price List available on Our Website. All prices shown are correct at the time of publishing and are quoted in UK Sterling (£). All Calls and Text Messages are fully inclusive of all taxes and VAT. Prices are subject to change at any time and seven days prior notice of any price changes will be published on Our Website. We will inform You of such publication as soon as reasonably practicable via email to your Registered Email Address. Call and Text Message charges shall be calculated by reference to the details of Your calls recorded by, or recorded on, Our behalf. The duration of the call shall commence by reference to the details of all data transmitted or received by the Customer and will include any present data, recorded by, or recorded on Our behalf. The amount of data will include such data that is added to control the flow of data across the relevant Mobile Carrier’s Cellular Service network.

c. Payment: The Service is offered on a pre paid basis only such that all Credit must be purchased from Us in advance and topped-up when your balance reaches zero for continuous service (subject, for the avoidance of doubt, to the limitation in 1a above). If Your charge card is either not chargeable or the transaction is declined by the charge card supplier, We reserve the right to terminate Our Service to You. We further reserve the right to carry out reasonable know your customer checks to detect and prevent fraudulent activity including, but not limited to, asking You to provide Us with copies of photo identification and/or a utility bill to verify your identity (“KYC Information”). You acknowledge and accept that failure to provide KYC Information to Us gives us the right to terminate Our Service to You without compensation.

d. Credit: When all remaining Credit has been used, You will no longer be able to use the Service to make and receive Calls or send and receive Text Messages until Your account has been recharged with Credit using Your Billing Card. You can check your Credit at any time on Our Website or via your mobile phone. We may inform You via email to your Registered Email Address when your Credit is running low.

e. SIM card: The SIM Card will become blocked if an incorrect PIN code is entered three times. If the SIM Card is blocked, You will be unable to use Your mobile phone with the SIM Card. In order to unblock the SIM Card in your mobile phone, You must enter Your PUK code (Personal Unblocking Key). Please contact Us for your PUK code. If You, or any third party, have incorrectly entered Your pin code more than thirteen times in total, the SIM Card will be permanently blocked and You will be required to purchase a new SIM Card. To prevent being charged renewal fees for the blocked SIM card You must notify Us in writing (via email only) and quote your name, address, contact telephone number, place, and date of purchase of the SIM Card along with proof of purchase requesting that the blocked SIM is cancelled. You can transfer credit between SIMs on the same account via Our Website.

f. Customer Enrolment and Renewal: The SIM Card purchase price displayed on Our Website includes an initial twelve calendar months of SIM Card life.  In order to extend the SIM Card life, You will need to pay to Us a renewal charge (published on Our Website) which will provide additional twelve month periods of SIM Card life (“Renewal Charge”). You will be required to pay the next Renewal Charge 30 days before the end of the initial twelve month period and, each subsequent twelve month period (as applicable). Failure to pay the Renewal Charge in accordance with this 1f will result in the SIM Card being terminated and any credit balance being forfeited at the end of the relevant 12 month period. Under such circumstances, We shall have no liability or obligation to pay or refund to You the cost of any SIM Card We provided.

g. Delivery: Delivery of SIM Cards will be made via Royal Mail First Class Recorded Delivery. At the time of purchase You may optionally purchase an “Express Delivery” whereby we will post the SIM by Royal Mail Special Delivery. Should you require delivery outside of the British Isles (the domestic postal area as defined by Royal Mail) then You should purchase “International Delivery”. We will attempt to post the Goods either within five working days from clearance of payment, or five working days before your departure date, whichever is later. If You supply us with your departure date we will aim to post the SIM by Recorded or Special Delivery (depending on the delivery option you have chosen) in order to arrive at the delivery address in time for the departure date. Please note that We cannot be held liable for any delays in the delivery of Goods which may not be in Our control. Should ordered SIM Cards be out of stock We will notify You via email to your Registered Email Address accordingly. Please allow up to 28 working days for delivery. If You still do not have the Goods after 28 days then You will have the right to terminate the contract with Us and a full refund will be given. Goods will only be delivered to the address supplied at time of order and upon delivery Goods will require a signature. Any Goods received damaged or incorrectly supplied must be notified on the delivery consignment at the time of delivery. Customers shall accept full responsibility and take reasonable care of the Goods upon receipt of delivery.

h. Cancellation, Returns & Refund Policy:

• Customers shall have the right to a cooling-off period of seven days from the date of receipt of Goods. Provided You notify Us within this period and provided We receive the Goods back from You (at your cost) within seven days of You notifying Us that You have changed your mind, then We will fully refund the purchase price to You. Goods must be returned in perfect and unused condition and in the original packaging together with all supplied accessories and manuals. For the avoidance of doubt, the SIM must not be detached from its plastic housing and must not appear tampered with in any way. If this is not the case, all costs of repackaging and the replacement costs of any missing parts and accessories will be charged to the customer.

• If the received Goods are deemed faulty, Customer must notify Us within seven days from receipt of Goods. We will either provide a full refund or dispatch replacement Goods within seven working days via first class recorded delivery. These replacement goods will be delivered free of charge.

• If you believe that you have been incorrectly charged for a Call or Text Message you must notify us within seven days of making or receiving the Call or sending the Text Message and we will investigate accordingly. We will determine within seven days if there has been an error and credit your account if necessary.

i.  Data Protection: The Customer acknowledges and agrees that details of the Customer’s name, address, mobile phone details and payment record may be submitted to a credit reference agency, and personal data will be processed by or on Our behalf in connection with the supply of the Service. For your security, We reserve the right to refuse any information requested when We are unable to verify that the person making the request is the owner of the account.

j. Lost or Stolen: If Your mobile phone is lost or stolen, it is your responsibility to report it both to the police and to Us by using the contact form on the ‘Contact Us’ page of Our Website quoting Your name, address, contact telephone number, Product SIM card mobile telephone number, date of purchase of the SIM Card (and any other relevant information that may be required). Once reported, We will remove such SIM Card from use. However, You will be fully responsible for any charges incurred up to the point at which We remove the SIM Card from use. The SIM Card will be permanently blocked and You will be required to purchase a new SIM Card. To prevent being charged renewal fees for the blocked SIM card You must notify Us in writing (via email only) and quote your name, address, contact telephone number, place, and date of purchase of the SIM Card along with proof of purchase requesting that the blocked SIM is cancelled. You can transfer credit between SIMs on the same account via Our Website.

k. CLI: The “CLI” (the Caller Line Identity) of Your phone (i.e. Your mobile number) will always be released when it is making an outgoing call. Nevertheless, We cannot be held responsible for the final delivery of this number through networks outside Our direct control. The CLI issued to You is Our property and may not be used for any other purpose other than the provision of this Service to You. We reserve the right to withdraw or change any CLIs issued.

l. General: The use of a mobile phone to emergency services such as 911, 999 or 112 is not guaranteed and must not be relied upon as an alternative to emergency calls via the fixed telephone network or the established marine emergency procedures. Services on the GSM network may be interrupted at any time to facilitate any modification, maintenance or remedial work in respect of the network or GSM services. We will use all reasonable endeavours to keep such events to a minimum. In the event of any fraudulent use of the SIM Card by You, We reserve the right to withdraw the service without any prior notification of such withdrawal, although We will attempt to provide warnings by any suitable means.

m. US Service: In addition to the foregoing, Our US service relies on a SIM card issued by T-mobile USA (“US SIM Card”). We will provide detailed instructions on how to add credit to and operate the US SIM Card, but shall be in no way responsible for any failure on the part of T-mobile to provide local services in the United States. The T-Mobile SIM card charges separately for all calls, text messages and data sent and received. This credit is billed in US Dollars and is completely separate from the UK2Abroad Credit. For more information about your US SIM Card, contact Us or T-mobile on +18777782106 or via www.t-mobile.com.

 

2) Law and Arbitration

a. This contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claim), shall be governed by, and construed in accordance with, the law of England and Wales.

b. Any dispute arising under this Contract, which does not involve a complicated issue of law or a sum exceeding £5,000 may be referred to arbitration by either party under the procedures of the Chartered Institute of Arbitrators.

c. In relation to any dispute that does involve a complicated issue of law or involved a sum exceeding £5,000, the parties to these Terms and Conditions irrevocable agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).

 

3) Limit of Liability

a. For the avoidance of doubt, We have no obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise beyond that of a duty to exercise reasonable skill and care.

b. Subject to Clause 3.b, in any event We have no liability whatsoever whether in contract, tort (including negligence or breach of statutory duty) or otherwise for the acts or omissions of other providers of telecommunications services or for faults in or failures of the Service or SIM Card. In any event, Our maximum liability to You is the amount You have paid Us during the previous 12 months for the use of this Service.

c. We do not exclude or restrict liability for death or personal injury resulting from Our own negligence or from the breach of its obligation to exercise reasonable skill and care or liability arising by virtue of Part 1 of the Consumer Protection Act 1991.

d. In any event in no circumstances shall We be liable in contract tort (including negligence and breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business, revenue or anticipated savings or for any indirect or consequential loss, wasted expenses, financial loss, or data being lost or harmed or damaged.

e. Where the Customer does not take the Service in the course of a business (or hold himself out as doing so), this Clause 3 does not affect the Customer’s statutory rights.

f. Each provision of this Clause 3 is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is inapplicable or held unreasonable in any circumstances and shall remain in force notwithstanding termination of these Terms and Conditions.

 

4) Service Provider

The UK2Abroad Service is provided by 2Abroad Ltd (trading as UK2Abroad), 138 Wayside Green, Woodcote, Reading RG8 0QJ. Email: customer.services@uk2abroad.com. 2Abroad Ltd integrates into some 3^rd party service providers in order to provide some infrastructural elements of the Service.

 

5) Force Majeure

We shall not be liable to You for any breach of this Contract where the breach was caused on Our part by: insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government, highway authority, regulatory authority or other competent authority, Our compliance with any obligation under a statute, international treaties and other international agreements, industrial disputes of any kind (whether or not involving Our employees), fire, lightning, explosion, flood, subsidence, weather, other telecommunication service providers and foreign GSM or GPRS operations or any other cause whether outside Our reasonable control.

 

6) Our General Powers

We reserve the right to:

a. alter the name or number of the customer’s mobile phone, or other name, code or number or SIM Card whatsoever allocated by Us from time to time for use in connection with the Service;

b. to terminate the service or in an emergency, temporarily to suspend Service to the Customer wholly or in part for the purpose of the provision of temporary emergency telecommunication services;

c. to give such instructions concerning the use of Service as We decide from time to time in the interests of safety and quality of service, to the Customers of the Service as a whole and the Customer agrees to comply with such instructions;

d. assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of Our rights under these Terms and Conditions and may subcontract or delegate in any manner any or all of its obligations under these Terms and Conditions to any third party or agent.

 

Please contact us at www.uk2abroad.com/contact-us with any queries or questions.