By registering and using your alarm|SIM CARD you agree to these terms.
1. Definitions In this Agreement
“Account” means the Pre Pay Service account in which we record the Credits and charges made using the SIM Card;
“Agreement” means the agreement between you and us for the supply of the Service to which these terms and conditions will apply;
“alarm|SIM CARD” is a trading name of FCCL;
“Automatic Account Top Up Service” means a service offered by FCCL to add Credits to your Account using the Payment Method registered as part of the End User Activation and Registration;
“Chargeable Services” means any services forming part of the Service for which charges are payable;
“Charges” means the charges, excluding VAT, for the use of the Pre Pay Service;
“Credits” means amounts credited against your Account when (i) you complete the End User Activation and Registration; or (ii) via the Automatic Account Top Up Service; or (iii) the Customer manually a payment makes via the Online Payment Service as otherwise specified by us;
“Customer” means the person using the Service;
“End User Activation and Registration” means the online application form completed by the Customer requesting that we open an Account, register a Payment Method, add credit to their Account and charge the Service Fee to their chosen Payment Method.
“Equipment” means any intruder alarm control panel, GPS tracking device, mobile phone or other equipment approved for connection to the Network which is used to give you access to the Pre Pay Service;
“FCCL” means Four Continents Consulting Limited, registered number 05273656, having its registered office at 71 - 75 Shelton Street, London. WC2H 9JQ;
“Minimum Credit” means the sum of £0.50 plus VAT or as otherwise advised in writing to the Customer to allow us to provide the Pre Pay Service;
"month" means a calendar month;
“Network” means the mobile communications system used by FCCL;
“Online Payment Service” means an online service for Customers to add Credits to their Account by way of credit; debit or charge card as requested by us;
“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;
“Pre Pay Service” means the basic service of providing Short Messaging Service ("SMS") and such other telecommunications services that FCCL may choose to make available including where appropriate (but not limited to) Roaming and GPRS;
“Roaming” means the use of the Pre Pay Service on a GSM system other than on the Network in the United Kingdom.
“Roaming Charges” means the charge for Pre Pay Services when Roaming. Such charges are available on request from FCCL in writing.
“securitypoint UK” is a trading name of FCCL
“Service Fee” means the charge of £16.67 plus VAT or other such amount agreed in writing with the Customer for the Customer to access the Service
“Service” means the Pre Pay Service and Automatic Account Top Up Service provided to you by us;
“SIM Card” means the smart card supplied to you to enable you to access Services or subsequent replacement;
“Top Up” means the sum of £8.33 plus VAT or as otherwise advised in writing to the Customer to allow us to provide the Pre Pay Service;
“Trigger Level” means the sum of £4.17 plus VAT or as otherwise advised in writing to the Customer to allow us to provide the Pre Pay Service;
“VAT” means Value Added Tax charged in the United Kingdom, where applicable, by FCCG to the Customer;
“we”, “us” and “our” means FCCL; and
“you” and “your” means the Customer.
2. Our Agreement
2.1. This Agreement begins: (a) at the time that we accept your request for the Service, deemed to be when you make your first Credit and we confirm in writing that your End User Activation and Registration has been accepted;
2.2. The Agreement will remain in effect whilst you continue to use the Service subject to the conditions contained in clause 6 of this Agreement.
2.3. We can cancel this Agreement immediately if either of the following happen:
(a) you break an important condition of this Agreement or a number of less important conditions;
(b) any licence to run the Network is ended; or
(c) we provide 30 days notice of our intent to terminate this agreement in line with clause 6
2.4. You can cancel this Agreement by providing 30 days notice.
3. Providing the Service
3.1. We will open an Account for your SIM Card. We will allow you to add Credit to your Account as part of the End User Activation and Registration process and using our Automatic Account Top Up Service and will deduct Charges from the Credits as you use a Pre Pay Service.
3.2. We will try to always make the Service available to you, but sometimes it may be affected by things out of our control, for example, local physical obstructions, weather, the type of and / or settings used within Equipment, or faults in other telecommunication networks to which the Network is connected.
3.3. We will configure your SIM Card with our Access Point Name (APN), so you will need to make sure you set your Equipment with device Access Point Name (APN) to the name as advised by us, this will give you access to the internet.
3.4. The Service is made available provided:
(a) it is not used for anything illegal, immoral or improper;
(b) it is not used to send offensive or nuisance SMS;
(c) it is not used to access, transmit, publish, display, advertise or make available material which infringes copyright or any other intellectual property right held in any country, is obscene or pornographic, contains threats of any kind, is defamatory in any way or breaches confidence, which is illegal or infringes any third party’s legal rights of whatever nature under the laws of any jurisdiction for any reason;
(d) it is not used for any purpose which may result in the illegal access to or collection of data whilst in transit, illegal access to computers or networks, spamming, flooding or other such broadcasts together with any other activity which may adversely affect other users of any telecommunications system;
(e) it is only used with Equipment located in the United Kingdom unless otherwise agreed in writing;
(f) it is only used with Equipment approved for use with the Network and all relevant laws and rules are followed;
(g) you comply with any reasonable requests, in particular, in relation to the investigation of fraud or other offences; and
(h) you are within range of base stations forming part of either the Network or any other telecommunication operator’s GSM system that has a Roaming agreement with us for a Service.
3.5. Where part or parts of the Service are be provided and / or supported by a provider other than FCCL, we shall not be responsible for those parts so provided.
3.6. We do not guarantee that the Service will enable you to access the Network to SMS to all destinations available on the Network or that an SMS can be sent to all numbers types. It is the responsibility of the Customer to ensure that the Service can contact their chosen number types.
3.7. FCCL will charge the Customer the Service Fee using the Payment Method in advance of the period for which the Service Fee applies.
3.8. The Service will operate on Networks in the United Kingdom. If the Customer uses the Sim Card for Roaming, Roaming Charges will apply and FCCL reserve the right to increase the Trigger Level and Top Up amount by 500%. FCCL will determine if the SIM Card is Roaming using data supplied by the Network.
3.9. We may at our sole discretion replace the Sim Card ("Replacement Sim Card"), and where advised by us that the Sim Card requires replacement, you agree to follow our instructions in replacing the Sim Card in your Equipment. Where you do not comply with our instructions to install the Replacement Sim Card in your Equipment within 21 days of the date of dispatch of the Replcament Sim Card, your Sim Card account will be closed in line with clause 6.3(f)
4. Providing the Automatic Account Top Up Service
4.1. We provide an Automatic Account Top Up Service to all Customers and this must be set up during the End User Activation and Registration.
4.2. When completing the End User Activation and Registration the Customer must supply a Payment Method, the Customer authorises FCCL to use the Payment Method to charge against and further add Credit to the Account under the terms of this Agreement.
4.3. The Automatic Account Top Up Service shall be triggered when the Credit balance falls below the Trigger Level. At such time a charge shall be made to the Customer’s registered Payment Method for the Top Up.
4.4. The Automatic Account Top Up Service is processed once in every 24-hour period. The Customer acknowledges that where the Equipment is actively using the SIM Card to access the Network, their Credit balance may pass through the Trigger Level and reduce to £0 and a further Credit is not applied under the Automatic Account Top Up Service until up to 24 hours after the Trigger Level has been passed. It is the Customers responsibility ensure the Trigger Level is applicable to their requirements and if required, advise FCCL in writing that they wish to increase their Trigger Level. Within 48 hours of receiving such notice, FCCL such increase the Trigger Level on the Account to the sum advise by the Customer.
4.5. Where the Customer has chosen credit or debit card as their chosen Payment Method, the Top Up can take up to 24 hours to be applied to the Account.
4.6 Where the Customer has chosen direct debit as their chosen Payment Method, the Top Up can take up to 4 business days to be applied to the Account. You can you use our Online Payment Service where you require a Credit to be applied to Your Account within 24 hours.
4.7. Any monies paid by the Customer for Service Fees or Credits are non-refundable except in line with clause 6.6.
4.8. You will be responsible, and will indemnify us in respect of, all Charges and for any loss or damage suffered by you or any other person as a result of the fraudulent use, misuse or abuse (whether by you or any other person) in any jurisdiction of, or in connection with, the Automatic Account Top Up Service and / or from the fraudulent use, misuse or abuse in any jurisdiction of any Payment Method (whether your own or any other persons) to buy Top Up or buy Credits; for instance, but not limited to, where a debit card or credit card is being used without the permission of the card owner.
4.9 Charges made to the Payment Method will show alarm|SIM CARD as the merchant name.
4.10 Where We make an Automatic Account Top Up Service charge or Service Fee charge, to your Payment Method, and the request for payment is declined and / or later disputed by your financial provider, we will:
4.10.1 deduct £2 from the credit balance on your Account to cover our administrative charges in handling the declined / disputed payment; and
4.10.2 contact you via email (or other such means at our own discretion), to advise of the failed request; and
4.10.3 where, appropriate resubmit the Automatic Account Top Up Service charge or Service Fee charge to your Payment Method and if such payment shall fail, deduct £2 from the credit balance on your Account to cover our administrative charges in handling the declined / disputed payment; and
4.10.4 If as a consequence of the above your Credit falls to or below £0, you will be required to re-register your SIM Card using the link provided at www.alarmsimcard.co.uk
5. Your Account
5.1. As Charges are incurred they will be deducted from Credits credited against your Account. Charges are normally deducted at the time that the Pre Pay Service is being used. In some circumstances, Charges may be deducted at a later time. You are responsible for all Charges correctly deducted in accordance with this Agreement.
5.1.1 Charges are applied to your Account for the Pre Pay service as follows:
5.1.1.1 Voice calls are not available on this tarfiff.;
5.1.1.2 SMS messages are charged per SMS sent; and
5.1.1.3 Data is not included. Where the Equipment attempts to use the Network to connect to GPRS and use a data session (a data session is deemed to be opened when a session uses more than 1kb of data), at any point in time during the month, we will allow the connection and
5.1.1.3(a) deduct £2.00 from your Credit; and
5.1.1.3(b) allocate 10mb of data to your account, and
5.1.1.3(c) where more than 10mb is used during the month, for each subsequent 10mb consumed, we will deduct a further £2.00 from your Credit and allocate a further 10mb of data to your account.
Any unused data allocation will not be carried over to the following month.
5.2. When all Credits on your Account have been used up you will not be able to access the Network or use the Pre Pay Service until a Credit is made on the Account.
5.3. To use Chargeable Services you must have a Minimum Credit on your Account. No interest will be paid on Credits.
5.4. It is your responsibility to programme and test your Equipment to confirm it functions and meets your requirements. You agree that you will:
5.4.1 within 7 days of completing the End User Activation and Registration, test the connection of the SIM Card on the Network by using a Chargeable Service; and
5.4.2 use a Chargeable Service at least once during a rolling 12 month period ("Rolling 12 Months") to ensure the SIM Card is operating as programmed within the Equipment. Where no Chargeable Service is used during the Rolling 12 Months, a charge of £0.18 + VAT will be deducted from your credit balance for each calendar month, following the Rolling 12 Months.
5.5. In the event of any disagreement between you and us in relation to the amount of Credits left, 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 and have a Payment Method in place to allow you to use the Service and to remain connected to the Network. Failure to do so will result in the Service becoming suspended and you will not be able to use the Service.
6.2. When the Service is suspended you have 14 days during which you may re-register the SIM Card. If you do not contact us within 14 days of a Service being suspended we will disconnect that Service and your mobile number and any outstanding Credit will be lost.
6.3. We may suspend the Service or disconnect any SIM Card from the Network without warning if:
(a) the Network breaks down, malfunctions or needs maintenance; or
(b) you do not or someone who uses your SIM Card does not keep to the conditions of this Agreement; or
(c) we have reasonable grounds to suspect that a Service is being used fraudulently or illegally; or
(d) 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;
(e) you or anyone who uses your SIM Card damages the Network or any other telecommunications system or puts it at risk, or abuses or threatens our staff; or
(f) within 21 days of the date a Replacement Sim Card being dispatched by us, to the Customer, the Replacement Sim Card is not installed in the Equipment.
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 may suspend or terminate, at our sole discretion, the Automatic Account Top up Service with immediate effect and without notice if we consider that:
(a) it is being fraudulently used, misused or abused in any way (whether by you or any other person) in any jurisdiction;
(b) any Payment Method (whether your own or any other person’s) used 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 not being used without the permission of the card owner;
(c) we have reasonable grounds to believe that you have provided us with false, incomplete or misleading details about yourself when you applied for the Automatic Account Top Up Service or if you have failed to tell us if any of these details have changed since you complete the End User Activation and Registration.
6.6. We may terminate this Agreement 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 by the Customer during the End User Activation and 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.
6.7 You may terminate this Agreement by giving 30 days written notice to our Registered Office. Notice will be deemed to have been served on the day we recieve 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 provision of a Service. Your attention is in particular drawn to these provisions.
7.2. We do not exclude or restrict liability for death or personal injury resulting from our own negligence.
7.3. We shall not be liable to you or to any other person for any loss or damage whatsoever or howsoever caused arising directly or in directly in connection with the provision of a Service except as provided in clause 7.2 above. Whilst we will use our reasonable endeavours to maintain the quality of the Service and to ensure that the Service is available at all times we make no representation or warranty in relation thereto.
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 (and without prejudice to the generality of the foregoing and clause 7.2, we shall in no circumstances be liable for any defect in, poor quality of, unavailability or interruption lasting less than 3 (three) days);
(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 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 the Automatic Account Top Up Service and/or any fraudulent use, misuse or abuse of any Payment Method used (whether or not your own) for the purposes of buying Credits using the Automatic Account Top Up Service.
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 FCCL is 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.
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 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.
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 FCCL 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 FCCL or (ii) subject to the relevant Data Protection legislation, 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. We reserve the right to disclose your name, address, telephone and email address(es) to any judicial, law enforcement, regulatory or governmental body or agency where required by
applicable law or by the Order of a court or other body of competent jurisdiction to do so.
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 your SIM Card is lost, stolen or damaged, we may charge you for a replacement.
9.3.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.
9.4.We reserve the right to refuse any request for information where we are unable to verify that the requesting party is the Customer.
9.5. 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.
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: 1st January 2016