Terms And Conditions
1. Quick Summary of the OwnFone Service
The OwnFone Service is a mobile telephone service that enables you, while in the UK, to make calls to a limited number of your chosen pre-programmed UK landline and mobile telephone numbers, and receive incoming calls, by means of the mobile telephone network (the “Network”) used by us (the “OwnFone Service”).
Payment for the OwnFone Service is by means of a monthly charge payable in advance by direct debit, payment in advance for a 6 or 12 monthly bundle or payment by credit or debit card in advance for a pay as you go service. There are various price plans and payment options, which are referred to in paragraph 17.There are a variety of contract periods ranging from just 30 days up to 12 months.
To use the OwnFone Service you must purchase, at an additional charge, our specially designed OwnFone Handset (the “Handset”) which incorporates a SIM card (the “SIM Card”). The Handset is designed only to be used with the OwnFone Service and will be individually programmed to call your chosen telephone numbers and be printed with your chosen names and or images.
Payment for the OwnFone Handset must be made before the Handset is dispatched to you. Pricing details can be found in Paragraph 17. Details of the Handset Warranty can be found in Paragraph 18.
2. When your Service Agreement begins
Your order is an offer to receive the OwnFone Service. Our acceptance of your offer takes place when we dispatch the Handset to you, at which point a contract will be made between us on the terms of this Service Agreement. At any point up until then you may cancel your order or we may decline to supply the OwnFone Service to you.
2.2 Monthly subscription charges for your service will start when your Handset is activated, which is when you make your first call. 2.3 We will make every effort to dispatch your Handset within 5 working days of your order but it may take up to 10 working days.
3. Cancellation period
If you change your mind within 14 days of receipt of your Handset you can inform Customer Services that you would like to return your Handset and cancel your Service Agreement under paragraph 5 by telephoning 0 and you will not incur any charges. However, this right is limited, so please see paragraphs 3.2 and 3.4.
To obtain a refund of the cost of your Handset, you must return the Handset in its original condition and with all of its accessories to an address as advised by Customer Services. The cost of your Handset will be refunded when we have received your Handset and it has been inspected. If it is found to be in an unsatisfactory condition, we will contact you as described in paragraph 14.1.
Cancellation of your Service Agreement will occur on the date that you notify us if no calls have been made or received under the Service Agreement and we will refund any monthly charges you have paid.
Your cancellation right at no cost to you will end before 28 days if you start to use the OwnFone Service by making or receiving calls.
4. The OwnFone Service
The OwnFone Service is available only for making mobile telephone calls using the Handset to your chosen pre-programmed telephone numbers and to receive incoming voice calls from any number, in the United Kingdom. Chosen numbers must be UK landline (01, 02 or 03) numbers or UK mobile (071, 072, 073, 074, 075, 077, 078 and 079) numbers, or the 999 emergency service number.
As your chosen telephone numbers are pre-programmed, they can only be changed by us. Should you wish to change a telephone number, contact Customer Services who will do this for you. We reserve the right to make an administration charge, as set out in our price plans, each time you make more than three number changes in any period of 12 months.
The printed contact information on the front of your Handset is customised at the time you order your Handset and cannot be changed once the Handset is dispatched. If you decide to change a named contact, as envisaged by paragraph 4.2, the telephone number can be changed but the printing on your Handset can only be updated by purchasing a replacement Handset or label.
Roaming, text messaging and data services are not available as part of the OwnFone Service. The OwnFone Service does not include voicemail services.
4.5 The Network used by CyCell to operate the OwnFone Service is the Vodafone Network. 4.6
We will allocate a number for use of your Handset on the Network and this can be printed on the reverse of the device. Occasionally it may be necessary for us to alter the number of your mobile phone, or any other name, code or number associated with the OwnFone Service for reasons beyond our control such as where requested to do so by a governmental or regulatory body. If this is the case we will give you reasonable notice and this may involve the supply of a replacement handset.
Your telephone number does not belong to you but may be ported to another service provider. However, you should bear in mind that the OwnFone Service is not available on other networks.
5. Ending this Service Agreement
You may cancel your monthly Service Agreement at any time by giving 30 days’ notice to us. Pay as you go services will be deemed as expiring 7 days after credit has expired. Six and twelve month packages will expire at the end of the six or twelve months from the date of activation. Cancellation of six and twelve month packages within the contract period will not result in any refund of service fees.
You may also cancel your Service Agreement within one month of being informed of a detrimental change or an increase in charges (see paragraph 6).
We may end your Service Agreement at any time by giving you 30 days’ notice. We may also suspend supply of the OwnFone Service to you and/or at our option end our Service Agreement with you immediately if:
5.3.1 you breach this Service Agreement, for example, by not paying your bill; 5.3.2 you fail any fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account(s); 5.3.3 you give us information about yourself which we reasonably believe to be false or misleading; 5.3.4 you are the subject of bankruptcy or insolvency proceedings, or if you do not make a payment under a judgment of a Court or fine, or you make an arrangement with your creditors or a receiver or administrator is appointed over any of your assets, or you go into liquidation; or 5.3.5 we are no longer able to provide the OwnFone Service to you despite making all reasonable efforts to do so. 5.4 Both of us must continue complying with this Service Agreement until we stop providing the OwnFone Service to you. You will be charged for all monthly subscription charges incurred and calls made prior to the end of the Service Agreement. The ending of this Service Agreement, for whatever reason, shall not affect either of our respective accrued rights or liabilities. 5.5 After termination, it is your responsibility to cancel any direct debits, standing orders, credit card mandates or other authorisations you may have given for periodic payments to be made to us by third parties.
6. Changes to this Service Agreement or the OwnFone Service
6.1 We can notify you of changes to your Service Agreement (including our charges) at any time. We will give you at least 30 days’ notice of any significant or detrimental changes in the manner described in paragraph 14.1. If you do not give notice of termination us to within that notice period or you continue to use the OwnFone Service after the date on which the change comes into effect, you will be taken to have accepted the change. 6.2 We reserve the right to add to, substitute, or to discontinue any non-material part of, the OwnFone Service at any time, for example because of changing technologies, obsolescence, new or different product features. 6.3 We reserve the right to determine how, or change the way, that the OwnFone Service is presented and delivered to your Handset or is otherwise made available to you. 6.4 If any change we make under paragraph 6.1 or 6.2 is detrimental to you, you may cancel the Service Agreement as set out in paragraph 5, unless the change is due to changes in the law, government regulation or licence which affects us or Vodafone; or the change is as the result of our providing additional services to you.
7. Suspending your use of OwnFone Service
7.1 We may suspend some or all of the OwnFone Service, without giving you notice if: 7.1.1 we have good reason to believe that you have not complied with one or more of the terms of the Service Agreement; 7.1.2 you do not pay your bill within the time stipulated in paragraph 12; we reserve the right to place a Bar on some or all of the services from your Handset. This Bar will remain in force until you have paid everything you owe us; 7.1.3 a complaint has been made against you. The complaint will be thoroughly investigated, and the OwnFone Service will remain suspended until we know the results of that investigation. Any complaint you make will similarly be thoroughly investigated; 7.1.4 we have good reason to believe that your mobile phone number is being used for fraudulent or improper purposes; 7.1.5 we suspect on reasonable grounds that information has been supplied to us without the knowledge of the person named or that an application is unauthorised or contains false particulars; 7.1.6 you notify us that your Handset has been lost or stolen. We may also exchange the mobile phone identity with other network operators to prevent the Handset from being used on their networks; 7.1.7 we are required by the emergency services or other government authorities or Vodafone to suspend the OwnFone Service; and/or 7.1.8 it is necessary in order to carry out emergency maintenance or repairs. 7.2 You will remain liable for all monthly or other periodic charges during any period of suspension.
8. Use of personal information
Data Protection: The information that you have supplied will be shared with with associated third parties for the purposes of account management and billing purposes only.
Future Marketing: OwnFone would like to keep in touch with you to let you know about other products and services that may be of interest to you . If you would prefer not to hear from us, do let us know by telephoning us on 0845 459 6699.
9. Our responsibilities to you
9.1 We will take all reasonable steps to make the OwnFone Service available to you at all times. The Services are only available within the range of the base stations that make up the Network. We cannot guarantee a continuous fault free service. Please note that: 9.1.1 the quality and availability of OwnFone Service may sometimes be affected by factors outside our control - such as local physical obstructions, atmospheric conditions, other causes of radio interference, the number of people trying to use the Network at the same time, and faults in other telecommunication networks to which the Network is connected; 9.1.2 the quality of the OwnFone Service may not be at its best inside buildings or below ground; 9.1.3 any coverage maps are our best estimate but not a guarantee of service coverage which may vary from place to place; and 9.1.4 the Network and the OwnFone Service may from time to time require upgrading, modification, maintenance or other works. These may result in some or all of the services becoming temporarily unavailable. In such cases, we will do everything we can to keep the period of non-availability to a minimum.
10. Your responsibilities to us
10.1 You warrant to us that at the time of entering into your Service Agreement you were no younger than 18 years of age and that you entered into this Service Agreement as a consumer and not for business purposes. 10.2 You agree: 10.2.1 to provide us with such information as we reasonably request in connection with this Service Agreement and that all factual information you provide will be correct when provided and that you will promptly notify us of any changes from time to time; 10.2.2 to take reasonable precautions to prevent unauthorised use of the OwnFone Service or your Handset (including making sure that you keep any PINs or passwords secure and confidential and changing them immediately if you realise that someone knows them); 10.2.3 to use your SIM Card, Handset and the OwnFone Service in the way described in any User Guides, or other instructions given by us; 10.2.4 that because the SIM Card and Handset are specially designed to be used together, you will not remove the SIM Card from the Handset. 10.2.5 you will not connect to the Network via the SIM Card any GSM Gateway or use the OwnFone Service for the purposes of any voice-over-internet- protocol services; 10.2.6 that the SIM Card shall at all times remain our property or that of Vodafone and that we or they can recall the SIM Card if required for upgrade or modification or disable it on suspension of the OwnFone Service or on termination of your Service Agreement; 10.2.7 to inform us as soon as possible by telephone if the Handset is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner; 10.2.8 not to make any negative or untruthful comments about the OwnFone Service or Vodafone; 10.2.9 to tell us immediately by calling Customer Services if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the OwnFone Service and, if we request, stop such use at once. If we ask you to, you must confirm the details of the claim(s) in writing; 10.2.10 not to use, nor allow anyone else to use, the OwnFone Service for any immoral, obscene, defamatory, harmful, offensive, criminal or otherwise unlawful purpose; or to make a call which is, or is intended to be, malicious, fraudulent or hoax (including to the emergency services). 10.2.11 that if the SIM Card or your Handset is lost, stolen, or otherwise used without your authority you will be responsible for any charges incurred until you have informed us. 10.3 We shall have the right to disconnect your SIM Card from the Network (without compensation to you) where it is reasonably suspected that you are using equipment which has or is reasonably likely to, damage or disrupt the Network or put it at risk. 10.4 You agree that the SIM card, Handset and the OwnFone Service are supplied solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card, Handset or the OwnFone Service. 10.5 If you do not comply with any provision of your Service Agreement, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) that we may suffer as a result.
11.1 To see charges for the OwnFone Service, including details of our price plans see paragraph 17. The monthly charge includes the number of minutes of outgoing calls stated in the relevant price plan. Any charges incurred for calls in excess of the inclusive minutes in your price plan will be charged each month in arrears. 11.2
The minutes or value included in your price plan are to your chosen pre-programmed numbers only. Unless otherwise stated, upon connection you will be charged for the first minute in full and thereafter in one second increments. Usage and charges for using the OwnFone Service will be calculated using the details we have recorded.
11.3 If we increase our charges, we will give you at least 30 days’ notice in writing before the changes take place. 11.4 You must pay your monthly bill by the date stated on the bill. 11.5 You will be liable for all charges incurred by use of the OwnFone Service under this agreement whether incurred by you or anyone else using your mobile phone (with or without your knowledge). You must pay the charges to us or as we direct.
12. Paying your bill
You agree to make payment for your price plan in advance and for any charges incurred for calls in excess of the inclusive minutes in your price plan in arrears. Both of these will be collected by a single direct debit. If the amount to be paid or the payment date changes, we will notify you in advance of your account being debited or as otherwise agreed. If the payment day falls on a weekend or Bank Holiday, the payment will be taken on the next working day. Payment for Pay As You Go services will be requested when the credit has expired. Outgoing calls will be suspended until credit has been added by a topup. Failure to add credit within a 7 day period after this expiry will result in the service being terminated.
When the OwnFone Service is activated and you have selected a monthly talk plan you will be given a Billing Date and your first bill will be produced shortly afterwards. Bills will normally be available monthly, but we reserve the right to bill you at any time.
12.3 All bills will be sent in electronic form and will be emailed to you in PDF format to the email address provided by you at the point of registration. If you do not have an email address, we will post a paper bill to your billing address. 12.3 If there are any changes to your bank or account details, you must let us know promptly. 12.4 You are entitled to cancel a direct debit mandate at any time. If you do so, please let us know immediately so we can arrange with you an alternative payment method. Failure to contact us for this purpose may result in the suspension or termination of your Service Agreement. 12.5 If a direct debit payment fails and we have your credit/debit card details you agree that we may take payment from your card. We will send you confirmation in writing that we have taken payment in this manner. If we do not obtain payment in full within 21 days of the billing date, we may, in addition to our other rights, suspend your use of the OwnFone Service or terminate your Service Agreement. We reserve the right to charge interest on overdue charges (both before and after judgement) until we receive payment, at the rate of 7.5% per annum accruing daily. 12.6 Your call history log will show what calls have been made through your account and the applicable charges (which are shown including VAT). 12.7 As the account holder, you are responsible for the payment of all the charges that are incurred on your account. 12.8 If you do not pay your bill, we will send you a reminder or call you. If we do not receive payment within 10 calendar days of the date of that reminder, we may add a late payment charge of £7.50 to your next bill. We may also charge you £10 for any Direct Debit payments which are returned to us because you do not have enough funds in your account. The charges set out in this paragraph are not subject to VAT. We will generally not suspend or end the service or the agreement until 14 days after your payment was due, unless the service terms or the price guide say otherwise. 12.8 All payments owed by you to us shall be made without set off or counterclaim. We reserve the right to set off amounts owed to us by you (whether or not under this Service Agreement) against any amounts owed by us to you hereunder.
13. Our liability to you
13.1 We do not exclude or restrict our liability for: (a) death or personal injury caused by our negligence (or our agent’s negligence), (b) fraud, (c) any liability under Part I of the Consumer Protection Act 1987, or (d) any of our liabilities that cannot by law be restricted or excluded. 13.2 We are responsible for direct losses you suffer as a result of us breaking this Service Agreement with you if the losses are a foreseeable consequence to both of us at the time you enter into this Service Agreement. Our liability shall not in any event include losses which happen as a side effect of the main loss or damage or which are not foreseeable by you and us (such as business losses (such as loss of profits), wasted expense or loss of opportunity). If you suffer any loss you must let us know as soon as possible by contacting us. 13.3 Subject to paragraph 13.1, if we (or Vodafone) are found liable to you, our and their liability will not under any circumstance exceed in aggregate £3,000 for any claim or series of related claims.
14. Communications and complaints
14.1 We may communicate with you in writing in relation to any matter affecting the OwnFone Service or this Service Agreement, including to give you notice of suspension or termination or a change in our charges or other terms of the OwnFone Service or Service Agreement, either: 14.1.1 by writing to you at the current address you have given to us; or 14.1.2 by email to the current email address you have given to us. 14.2 We may also contact you by telephone at the current telephone number you have given to us or your mobile number, unless you indicate to us at any time that you do not wish to be contacted in this way. 14.3 If any of your contact details change, you must promptly let us have the new up to date information. 14.4 Where we communicate by writing to your current address, you will be deemed to have received the notification 5 business days later. Where we send you notification by email, you will be deemed to have received it the following business day. 14.5 Where you wish to communicate with us in writing please use the following contact details:
OwnFone Limited, Unit 125 - 126, The Business Design Centre, 52 Upper Street,
Islington, London N1 0QH
14.6 Any notification you make to us in writing to our address will be deemed to have been received 5 days later. Where you send us notification by email, we will be deemed to have received it the following business day. On the telephone we can discuss your account only with you, the account holder, and we may require you to verify your identity before doing so. Call to us may be recorded. 14.7 We want to give you a great service. However, if you are unhappy with any aspect of our service please contact our Customer Service team by telephone on 0845 459 6699. 14.8 If we do not resolve your complaint to your satisfaction, you may contact the Communications Ombudsman at http://www.ombudsman-services.org/communications.html
15.1 These terms and conditions together any other documents or other sources referred to in these Terms and Conditions constitute our entire agreement and supersede all prior representations understandings and agreements between us relating to the subject matter of this agreement. You acknowledge that you have not entered into this Service Agreement in reliance upon any prior representation or warranty made by us or on our behalf. 15.2 You may not assign or sub-contract any of your rights or obligations under this Service Agreement to any third party unless first agreed upon in writing by us. We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under this Service Agreement or any related contract to any third party. 15.3 Notwithstanding anything in this Service Agreement neither party shall be under any liability to the other in respect of any failure to perform or delay in performing any of its obligations hereunder which is due to any cause of whatsoever nature beyond its reasonable control and no such failure or delay shall be deemed for any purpose to be a breach of this Service Agreement. In our case, examples of such causes include fire, explosion, exceptional weather or atmospheric conditions, failure by a utility company, local authority or other such body, failure or shortage of fuel or transport, riot, civil commotion or war or civil war, armed conflict or terrorism, or nuclear, chemical or biological contamination, or any blockade or embargo, or any official or unofficial strike or other dispute. 15.4 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) to the contract. 15.5 If any part of this Service Agreement is found to be invalid or unenforceable by any court or other regulatory or competent body, the validity and enforceability of the rest of this Service Agreement shall not be affected. 15.6 No delay or failure by us to exercise any powers, rights or remedies under this Service Agreement will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by our authorised representative. 15.7 This Service Agreement is subject to the law of England and Wales and the English courts shall have exclusive jurisdiction.
16. Who We Are
OwnFone Limited Company registered in England and Wales - number 8802990. Postal Address
OwnFone Limited, Unit 125 - 126, The Business Design Centre,
52 Upper Street, Islington, London N1 0QH
OwnFone Limited, Unit 125 - 126, The Business Design Centre,
52 Upper Street, Islington, London N1 0QH
17. OwnFone Handset and Price Plans
17.1 Pay Monthly Handset price from: £40 Monthly Plans: Talk 50 Talk 100 Talk 500 Monthly Cost: £7.50 £10 £15 Inclusive minutes per month: 50 minutes of calls† 100 minutes of calls† 500 minutes of calls† Pay As You Go Handset price from: £40
An initial top up of £10, £15 or £20 will be required with all new handsets
Top Up value: £10 £15 £20 Inclusive Minutes: 100 minutes
Top Up validity: 60 days 90 days 120 days Handset and 6 or 12 Months Airtime
Handset and 50 minutes for 6 months:
(50 minutes of calls a month)†
Handset and 20 minutes for 12 months:
(20 minutes of calls a month)†
£50 Handset and 50 minutes for 12 months:
(50 minutes of calls a month)†
£70 Monthly Cost: £0
Talk price plan payment by Direct Debit. Prices include VAT. OwnFone calls to preprogrammed UK landlines or UK mobiles.
*Terms and Conditions apply – click on link at the bottom of the page.
†Calls made over the allocated inclusive minutes will be charged at 15p a minute.
17.2 Calls will be billed for the first minute in full, and thereafter in 1 second increments. 17.3 Replacement handsets in the event of loss, theft or beyond economic repair will be charged at a price of £40.00 including VAT, post and packaging. 17.4 An administrative charge of £25.00 (including VAT) will be made for pre-programmed number changes in the event where these exceed 3 in any one 12 month period. 17.5 If there is any change in the prevailing rate of VAT which is applicable, our prices shall be adjusted accordingly.
18. Handset Limited Warranty
13.1 OwnFone Limited (OwnFone) warrants that OwnFone Handsets and accessories ("Products") are free from defects in material and workmanship under normal use and service for one year commencing upon the date of purchase by the first consumer. 13.2 This Limited Warranty is conditional upon proper use of the Product. This Limited Warranty does not cover: (a) defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress; (b) scratches, dents and cosmetic damage, unless caused by ; (c) defects or damage resulting from excessive force; (d) equipment that has the IMEI number removed, defaced, damaged, altered or made illegible; (e) ordinary wear and tear; (f) defects or damage resulting from the use of Product in conjunction or connection with accessories, products, or ancillary/peripheral equipment not furnished or approved by OwnFone; (g) defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by OwnFone; (h) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source; (i) defects or damage resulting from cellular signal reception or transmission, or viruses or other software problems introduced into the Product; or (j) Product used or purchased outside the United Kingdom. This Limited Warranty covers batteries only if battery capacity falls below 80% of rated capacity or the battery leaks, and this Limited Warranty does not cover any battery if (i) the battery has been charged by a battery charger not specified or approved by OwnFone for charging the battery; (ii) any of the seals on the battery are broken or show evidence of tampering; or (iii) the battery has been used in equipment other than the OwnFone phone for which it is specified. 13.3 During the applicable warranty period, provided the Product is returned in accordance with the terms of this Limited Warranty, OwnFone will repair or replace the Product, at OwnFone’s sole option, without charge. OwnFone may, at OwnFone’s sole option, use rebuilt, reconditioned, or new parts or components when repairing any Product, or may replace the Product with a rebuilt, reconditioned or new Product. Repaired/replaced cases, pouches and holsters will be warranted for a period of ninety (90) days. All other repaired/replaced Products will be warranted for a period equal to the remainder of the original Limited Warranty on the original Product or for ninety (90) days, whichever is longer. All replaced Products, parts, components, boards and equipment shall become the property of OwnFone. Except to any extent expressly allowed by applicable law, transfer or assignment of this Limited Warranty is prohibited. 13.3 To obtain service under this Limited Warranty, you must return the Product to a OwnFone service facility in an adequate container for s hipping, accompanied by the sales receipt or comparable proof of sale showing the original date of purchase, the serial number of the Product and the seller's name and address. To obtain assistance on where to deliver the Product, please call Ownfone Customer Care on 0845 459 6699. 13.3 If OwnFone determines that any Product is not covered by this Limited Warranty, you must pay all parts, shipping, and labour charges for the repair or return of such Product. In this event we will inform you as described in Paragraph 14.1 before proceeding with any repairs.