By registering and using your alarm|SIM CARD you agree to these terms.
1. Definitions in this agreement:
“Acceptable Usage Policy” means on PLAN10 a maximum of 10 mega bytes of data used through the Data Service per calendar month (save for the first month during which the Agreement is entered into, in which case data usage will be acceptable at a rate of 2.5MB per week or part thereof) or on PLAN2 a maximum of 2 mega bytes of data used through the Data Service per calendar month (save for the first month during which the Agreement is entered into, in which case data usage will be acceptable at a rate of 0.5MB per week or part thereof);
“Account” means an account for monitoring use of the Service;
“Agreement” means the agreement between you and us for the supply of the Service to which these terms and conditions will apply. The Agreement is deemed made when we accept your request for Service, deemed to be when your first payment of the Service Fee is charged to your Payment Method made or upon confirmation in writing that your End User Registration has been accepted, whichever occurs first;
“alarm|SIM CARD” is a trading name of FCCL;
“Charges” means the charges, applicable from time to time, falling outside of the Service Fee, excluding VAT;
“Credit” monies collected from your Payment Method and added to your Account;
“Customer” means the individual, company or partnership using the Service for each Equipment;
“Data Service” means the provision of a data connection using GPRS offered by way of wireless telegraphy via the Home Network;
“End User Registration” means the online application form completed by the Customer requesting that we open an Account, register a Payment Method and charge the Service Fee to their chosen Payment Method;
“Equipment” means any intruder alarm control panel or other equipment approved by us for connection to the Network which is used to give you access to the Data Service;
“FCCL” means Four Continents Consulting Limited, registered number 05273656, having its registered office at The Stables, Shipton Bridge Farm, Widdington.CB11 3SU;
“Home Network” means the use of the Data Service on a Network in the United Kingdom;
“Network” means the mobile communications network used by us to provide the Service to you;
“Payment Method” means a valid debit card, charge card or credit card (at our sole discretion) as registered with us by the Customer and from which you authorise us to collect Service Fees and Charges detailed in this Agreement and such payment method being capable of being charged;
“Roaming” means the use of the Data Service on a GSM system other than on the Home Network;
“Roaming Charges” means the charge for Data Services when Roaming. Such charges details are available upon request from us in writing;
“Service” means Equipment access to the Network to use the Data Service and where applicable transmit SMS messages;
“Service Fee” means the charge as agreed between you and us in writing for the Customer to access the Service;
“SIM Card” means the smart card supplied (or subsequent replacement) to you to enable you to access the Service;
“VAT” means Value Added Tax charged in the United Kingdom, where applicable, by us to the Customer;
“we”, “us” and “our” means FCCL; and
“you” and “your” means the Customer.
2. Providing the Service
2.1 We will open an Account which will allow you to use the Service solely for use with the Equipment.
2.2 Your Equipment will have access to our Data Service via the Network subject to our Acceptable Usage Policy.
2.3. We will use reasonable endeavours to ensure the Service is available to you and any disruptions are kept to a minimum, however sometimes it may be affected by things out of our control, for example, local physical obstructions, weather conditions, the settings within your Equipment, or Network transmission issues which the Equipment is connected. We will not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Service.
2.4 Where part or parts of the Service are to be provided and / or supported by a provider other than us, we shall not be responsible for those parts so provided.
2.5 For the reasons described above, we do not warrant or guarantee that the Service will be uninterrupted or error free (in terms of Network Availability, quality or coverage) in all locations and at all times or that the Service will be suitable for your specific requirements or that the Service will be completely secure against unauthorised interception.
2.6 We will charge you the Service Fee using the Payment Method annually in advance of the period for which the Service Fee applies.
2.7 If you use the Equipment for Roaming, Roaming Charges will apply and you will be charged for any data incurred through Roaming in accordance with the terms of this Agreement. Full details of charges in relation to Roaming Charges are available upon receipt of a written request.
2.8 The distance selling legislation does not apply to this Agreement.
3. Usage Policy
3.1. You are responsible for configuring your Equipment to access our Service and you shall make no attempt to change or modify any settings within the Equipment except those approved by the Equipment manufacturer.
3.2. You agree not to use the Sim Card or the Services and not to permit another person to use your Sim Card or the Services:
(a) for any illegal, immoral or improper purpose;
(b) otherwise than in line with the terms of this Agreement; or
(c) to transmit a virus or other malicious software, use the Services in a manner that impacts the operation of security of the Network or may cause death, personal injury or damage to property.
3.3 The Equipment must be located in the United Kingdom unless otherwise agreed in writing with us and your Equipment (i) is within range of base stations forming part of either the Home Network or any other telecommunication operator’s systems that has a Data Service Roaming agreement with us and (ii) has access to data from the required satellites to provide location pinpoint data
3.4 You agree to comply with any reasonable requests, in particular, in relation to the investigation of fraud or other offences.
3.5 It is your responsibility to advise us immediately by our messaging service at http://alarmsimcard.co.uk/support of i) any loss, damage or theft of your Sim Card, or any fraudulent or improper use thereof; ii) replacement of your Equipment
4. Charges
4.1. When completing the End User Registration you must supply a Payment Method to take payment for Service Fees and any additional Charges or costs incurred in relation to this Agreement.
4.2. Any Credit paid for Service Fees or Charges are non-refundable.
4.3. You will be responsible to:
(a) reimburse us in respect of the Service Fee together with Charges, incurred by you, or any other person using your Equipment and / or your Sim Card;
(b) to indemnify us in respect of any losses sustained and / or damages suffered by us as a consequence of any usage of Equipment and / or Sim Card howsoever caused; and
(c) indemnify us in respect of any losses sustained and / or damages suffered by us as a consequence of mis-use of the Payment Method.
4.4 The Service Fee and Charges may be collected by a third party payment processor on our behalf and any such collection will be as if collected by us.
4.5 Where we collect the Service Fee or Charge from your Payment Method, and the request for payment is declined by your financial provider. we will:
4.5.1 make a charge of £2 to your Account to cover our administrative charges in handling the declined payment; and
4.5.2 contact you via email (or other such means at our own discretion), to advise of the failed request; and
4.5.3 resubmit the charge to your Payment Method.
4.6. Where, at our sole discretion, we believe the use of the Data Service exceeds our Acceptable Usage Policy (“additional data”), we will charge for additional data used between the time that the Acceptable Usage Policy is exceeded and midnight on the last day of the calendar month.
4.6.1 At the time when that the Acceptable Usage Policy is exceeded, we will
4.6.1.1 when such additional data is consumed on a Home Network, collect £2.00 inclusive of VAT from your Payment Method and apply 10 mega bytes of data to your Account. Any unused additional data applied to your account will be removed at 23.59 hours on the last day of the calendar month.
4.6.1.2 where the additional data detailed in cl 4.6.1.1 is fully consumed, we will continue to repeat to collect £2.00 inclusive of VAT from your Payment Method and apply 10 mega bytes of data to your Account until 00.00 hours on the the first day of the next calendar month.
4.6.2 For clarity and avoidance of doubt, where the consumption of data within a calendar month is below the Acceptable Usage Policy, no refund or carry over of data to the following month is permitted.
4.7 Where you have subscribed to PLAN2 and in our sole discretion determine that the level of usage of the Data Service is persistently, deemed as a period of two consecutive months, in excess of the Acceptable Usage Policy, we reserve the right to change your Account from PLAN2 to PLAN10 and make a Charge to your Payment Method for the difference between the annual cost of PLAN2 and PLAN10.
5. Your Account
5.1. Your Service Fee and any Charges are added to your Account and we will charge your Payment Method as follows:
5.1.1 on an agreed date, in advance, each year as agreed with you for the Service Fee; and
5.1.2 within 24 hours of any Charges being incurred.
5.2. In the event of any disagreement between you and us in relation to the balance of, or usage on your Account, our records will prevail.
6. Termination, Suspension or Disconnection of the Service
6.1. You must pay the Service Fee, any Charges and have a Payment Method in place to allow you to use the Service and for your Equipment to remain connected to the Network. Failure to do so will result in your access to the Service becoming suspended and at such time you will not be able to use the Service.
6.1.1. Where the Service is suspended, as you do not have a Payment Method in place, but have no outstanding Service Fees or Charges you have 14 days during which you may reactivate it by registering a Payment Method.
6.1.2 Where the Service is suspended, as you do not have a Payment Method in place, and have outstanding Service Fees and / or Charges, the Service will remain suspended for 14 days or until such time as you set up a Payment Method and all Services Fees and Charges due are paid in full whichever event occurs first.
6.1.3 In the event that within 14 days of the Service being suspended you have not provided us with a Payment Method and paid in full any outstanding Service Fees or Charges, as detailed in clause 6.1.1 or 6.1.2, we will permanently disconnect the Service. Any balance on your Account will not be refunded.
6.2. We may suspend or disconnect the Service from the Network without warning if:
(a) where we, in our sole opinion, suspect or have reasonable grounds to suspect that the usage of a Service is disproportionate or abnormal compared to the usage that would be expected from a normal user of a Service; or
(b) you or anyone who uses your Equipment damages the Network or any other telecommunications system or puts it at risk, or abuses or threatens our staff.
6.3 If we reasonably suspect that you have failed to comply with any of the terms of this Agreement, we shall have the right to suspend, partially or fully, your access to the Service and / or terminate this Agreement without prior notice and with immediate effect. Your Sim Card will be deactivated and you will no longer be able to access or use the Service and you will not be entitled to any refund of any Service Fee and Charges.
6.4 We may terminate this Agreement with immediate effect and without notice:
(a) if we reasonably suspect that your Payment Method is being fraudulently used, misused or abused in any way in any jurisdiction; for instance, where we believe that a debit card or credit card is being used without the permission of the card owner;
(b) that you have provided us with false, incomplete or misleading details about yourself when you applied for the Account or if you have failed to notify us of any changes in these details since you completed the End User Registration;
(c) you dispute, with your financial institution, any monies collected from your Payment Method which are collected in accordance with this Agreement.
6.5. We reserve the right to terminate this Agreement for any reason giving not less than 30 days written notice, such notice can be via an electronic transmission, including but not limited to email using details provided in your End User Registration. If we terminate this Agreement, we will, upon written request received from the Customer within the 30 day notice period, within 120 days after the expiration of the 30 day notice period, refund any Credit on the Account.
6.6 You may terminate this Agreement by giving 30 days written notice to our Widdington Office. Notice will be deemed to have been served on the day we receive your written request and your Agreement will only be terminated once we have completed required verification of identity and we confirm in writing that the Agreement is cancelled. For clarity and avoidance of doubt, during the 30 days, starting the day on which written noticed was received ('post termination period'), we reserve the the right to charge to your Payment Method Charges, Credit , Chargeable Services or Service Fees which would ordinarily become due during the post termination period.
7. Limitation of Liability
7.1. The following provisions set out our entire liability (including any liability for the acts and omissions of our employees agents and sub-contractors) to you in respect of any breach of contract, misrepresentation, tortious act or omission including negligence or otherwise arising under or in connection with the delivery, performance and use of the Equipment and provision of the Service. Your attention is in particular drawn to these provisions.
7.2. Nothing in this Agreement shall exclude or limit the liability of either party for death or personal injury caused by that party’s negligence, or the consequence of wilful misconduct, fraud, gross negligence of that party or any other liability which cannot be excluded or limited by applicable law.
7.3. We shall not be liable to you or to any other person for any loss, inconvenience or damage whatsoever or howsoever caused arising directly or in directly in connection with the delivery, performance and of the Service.
7.4. Without prejudice to the generality of clauses 7.2 or 7.3, we shall not be liable to you or to any other person for:
(a) any defect in, poor quality of, unavailability, interruption or discontinuance of the Service or any website or email address;
(b) any loss of profits, business revenue, goodwill or anticipated savings, or any type of special, indirect or consequential loss (including but not limited to loss or damage to data, equipment or property even if in our care, custody or control) whether direct, indirect, foreseeable or unforeseeable;
(c) any use or misuse of the Service by you or through your activities, in particular but not limited to any acts which under the laws of any jurisdiction infringe any third party’s intellectual property rights (including the use of any domain name) infringe obscenity laws, constitute threats, are in any way defamatory or are illegal or give rise to any liability in any way; and
(d) Any loss or damage whatsoever, howsoever and wherever caused arising indirectly or directly in connection with any fraudulent use, misuse or abuse of any Payment Method used (whether or not your own) and however used.
7.5. We are not responsible for maintaining any insurance cover of any nature to cover any loss by you or any other party arising from the provision or unavailability of a Service or otherwise and any such insurance cover shall be your responsibility.
7.6. We will not be liable to you if we cannot carry out our duties or provide Services because of something beyond our control including (but without limitation): act of God, pandemic, inclement weather, flood, lightning or fire, industrial action or lockouts; the act or omission of Government, highway authorities, or other competent authority; war, military operations vandalism or riot; the act or omission of any party for whom we are not directly responsible and national and/or civil emergencies.
7.7. If any exclusion or limitation of liability contained in this clause is invalid and we become liable for any loss or damage, you (acknowledging that we are not able to evaluate any potential loss to you) agree that our liability for any one event or series of events shall in any event be limited to £10.00. You are however required to notify us at our Registered Office in writing of your claim within 4 weeks of discovery of the claim by you.
7.8. Each provision of this clause shall operate independently of each other provision of this clause.
7.9.You agree to indemnify us and hold us harmless in respect of all costs, damages, awards and expenses and professional fees of any kind (without limit) arising from or in connection with any claim brought against us by any third party located in any jurisdiction arising from any use of a Service and or Equipment provided to you (by either you or any other party) constituting any unlawful act or otherwise giving rise to any liability. You shall immediately notify us in writing of any such claims of which you become aware. You further agree to offer all reasonable assistance to us in defending such claims at your sole expense.
7.10. You acknowledge and accept that provision of the Service and the use of Equipment to connect to the Service involves the propagation of and exposure to radio frequency radiation, which may be harmful. We do not accept liability to you or anyone with respect to the effects of the same.
7.11. We do not accept liability for any unsolicited information sent to you via other network operators’ networks while you are Roaming.
7.12. You acknowledge and accept that there is an inherent risk if using the Equipment whilst driving. We do not accept responsibility for any damage, loss or inconvenience incurred by you as a direct or indirect consequence of the Equipment being used whilst driving.
8. Data Protection
8.1. You agree to allow us, in accordance with the relevant Data Protection legislation, to arrange for and / or to send you advertising and promotional material relating to other of our services or products or third party products or services as chosen by us.
8.2. You may withdraw such permission as given above in clause 8.1 by notifying us in writing to our Registered Office.
8.3. We will not without your written consent disclose information provided to us by you for the purposes of the Agreement to anyone other than (i) members of our company or (ii) third party sub-contractors or agents engaged by us, such disclosure being made in either case in order for it to be able to provide you with the Service.
8.4.We adhere to strict data protection policies in accordance with the Data Protection Act as applicable, details of which policies are included in the relevant Consumer Code of Practice.
8.5. By entering this Agreement you consent to us collecting, processing and sharing personal data provided by you or generated in the course of providing the Service including your name, address, email address(es), telephone number, Equipment International Mobile Equipment Identity (IMEI), SIM Card Integrated Circuit Card Identifier (ICCID) together with details of messages or data that have been sent and the geographic position of the Equipment for the purpose of:
(a) supplying the Services to you;
(b) the administration of your Account;
(c) providing you with Service information, for example, network faults
(d) the prevention or detection of fraud; and
(e) complying with applicable laws and regulations.
9. General
9.1. You may not transfer or try to transfer any of your rights and responsibilities under this Agreement. We may transfer any of ours without your permission, provided the level of service you currently experience is not reduced as a result.
9.2. If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
9.3. We reserve the right to refuse any request for information where we are unable to verify that the requesting party is the Customer.
9.4. We may modify these terms and conditions and the Charges at any time. We will notify you of any such changes by publishing them on our website, www.alarmsimcard.co.uk. By continuing to use a Service following any such changes you will be deemed to accept such changes. Please check our website regularly for details of any changes.
10. Severance
10.1. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provisions in question shall not be affected.
11. Governing Law
11.1. This Agreement shall be governed by and construed in accordance with UK law and the Parties hereto submit to the non-exclusive jurisdiction of the courts of the UK.
Dated: 01 November 2018