- Definitions and Interpretation:
CALL CHARGE: means a predetermined charge unit of time, costed at the rates set out in the tariff sheets published by AJM Comms Limited from time to time, which are available on request from AJM Comms Limited. The initial call charges are those set out in the Agreement overleaf
CONNECTION: means the connection of the mobile phone/Handheld device or SIM card to the Network.
CONNECTION DATE: means the date of the Connection.
CREDIT LIMIT: means a monthly financial limit applied for charges incurred under the agreement.
DATA CHARGE: means the pre-determined charge per megabyte of data costed at the rates set out in the tariff sheets.
INVOICE DATE: means the same date as appears on the invoice raised by AJM Comms Limited. AJM Comms Limited; means AJM Comms Limited of 101 Galgate, Barnard Castle, Co Durham, England, DL12 8ES Registered in England No. 14516152
MONTHLY CHARGE: means the relevant sum for access to the Network and provision of Services as provided in the Agreement under Service Information or any additional Services requested.
NETWORK: means any telecommunications network available from AJM Comms Limited.
SERVICES: means the telecommunications services provided by means of the Network. SIM Card: means the “Subscriber Identity Module” which is a unique card containing information and when used with a mobile phone/Handheld device, enables access to the Services.
SUBSCRIBER: means the Customer named overleaf.
- Connection to the Network and provision of the Services
2.1 Subject to the Agreement and these Terms and Conditions AJM Comms Limited will connect and maintain the Connection of the mobile phone/Handheld device/SIM card to the Network and AJM Comms Limited will use its reasonable endeavors to make the Services available to the Subscriber throughout the Term (as specified in clause 4 below).
2.2 The subscriber understands that the mobile phone/Handheld device number remains the exclusive property of AJM Comms Limited until the end of the Minimum Contract Term, and that at all times during the agreement and after, the Mobile hardware remains the exclusive property of AJM Comms Limited.
2.3 The Subscriber acknowledges that AJM Comms Limited charges calls to certain businesses (principally access call service providers which have been notified to it) at a premium rate or bars calls to such numbers. The Subscriber acknowledges this and agrees to it.
2.4 If you receive a monthly discount AJM Comms Limited reserve the right to end this discount at any time without notice and the discount will not exceed the term overleaf and will be issued for no longer than 24 months if no term is stated.
2.5 The discount you receive on mobiles is against your existing mobile line rentals only and not on upgrade offers from your current provider and does not include discount on calls, data and international charges outside your allowance. Discount is pro rata on the number of agreed connections on the agreement. If connections are disconnected or leave prior to the contract end date the discount therefore will be reduced accordingly.
2.6 The tariff and cost will be outlined over email by AJM Comms Limited and the Subscriber acknowledges this and agrees to it.
2.7 If you have any numbers not coming over to AJM Comms Limited and no longer require them it is your responsibility to cease them with your current provider not AJM Comms Limited. The Subscriber acknowledges this and agrees to it.
2.8 Unless otherwise stated on the Order Form the Mobile Network Services shall continue for a minimum term of twenty-four (24) months from each date of individual Connection or Upgrade or Tariff change in respect of the Mobile Network Services. (“Minimum Term”). This Contract shall continue indefinitely thereafter until terminated by either Party giving not less than thirty (30) days’ prior written notice, such notice not to terminate the Contract prior to the expiry of the Minimum Term.
- Charges and Payment
3.1 The Tariff chosen by the Customer in respect of the Mobile Network Services on commencement of this Contract will remain the minimum Tariff selected for the Minimum Term and the terms and conditions relating to the selected Tariff shall apply.
3.2. Without prejudice to condition 3.3, AJM Comms Limited may on not less than fourteen (14) days’ notice to the Customer, change the rates in any Tariff or price list, such change not to become effective during the Minimum Term of the relevant Mobile Network Service unless the change arises due to:
3.2.1. a change in the costs to AJM Comms Limited due to a requirement or direction of OFCOM; and/or
3.2.2. a change in the costs charged to AJM Comms Limited by its suppliers.
3.3. AJM Comms Limited will increase the monthly subscription charges for the Mobile Network Services in April of each year following the Commencement Date by the increase (if any) in the Rate of RPI.
3.4 Payment is due fourteen (14) days from the invoice date by Direct Debit, unless otherwise specified.
3.5 All charges must be paid in full without deduction, set off or withholding.
3.6 The Subscriber will be asked to pay the Monthly Charge in advance, dependent upon the particular tariff rate, this may be one or two months Monthly Charge. Call charges will be paid one month in arrears.
3.7 Ordinarily, AJM Comms Limited will invoice on a monthly basis, where possible on the same date each month. AJM Comms Limited reserves the right to amend the date and frequency of the invoices and to submit interim invoices if it so chooses. All invoices will be submitted via email.
3.8 Value Added Tax is payable on all charges levied by AJM Comms Limited unless otherwise specified.
3.9 AJM Comms Limited reserves the right to withhold or withdraw discounts on any invoices that remain unpaid in accordance with clause 3.1
3.10 During the Term AJM Comms Limited may ask for a deposit as security for payment in respect of additional Services to be provided. The Subscriber may request the return of any deposit at the expiry of the Minimum Term as stated in the Agreement, but the decision to return any monies prior to termination of the Agreement is at the discretion of AJM Comms Limited.
3.11 AJM Comms Limited reserves the right to set off any deposit against any amounts due and owing by the Subscriber to AJM Comms Limited (including but not limited to the Agreement).
3.12 AJM Comms Limited reserves the right to review the Credit Limit applicable to the Agreement and if the total charges under the Agreement exceed the Credit Limit AJM Comms Limited shall be entitled to demand immediate repayment of whole or part of the total charges outstanding.
3.13 If the Subscriber fails to pay any part of the aforesaid charges in accordance with these Terms and Conditions, AJM Comms Limited reserves the right to charge interest at the rate of 4% above the base rate of National Westminster Bank PLC calculated from the invoice date until the date of actual payment.
3.14 AJM Comms Limited reserves the right to vary payment terms in the event of the Subscriber failing to pay any Charges in accordance with these Terms and Conditions or AJM Comms Limited having concerns about the Subscriber’s financial situation and their ability to pay the Charges.
3.15 The Subscriber shall indemnify AJM Comms Limited, and keep AJM Comms Limited indemnified, fully from and against all liability, loss, damage, costs and expenses of any kind whatsoever arising from or in connection with any charges due to AJM Comms Limited, or the Network Provider direct from the Subscriber for the supply of Services including (but without limitation) connection charges, monthly access charges, call charges and all other valid charges rendered from time to time.
- Term
4.1 Each mobile phone/Handheld device number connected shall have the Minimum Term as stated in the Agreement.
4.2 The Agreement shall commence on the date of supply of the mobile phone/Handheld device Services and shall continue thereafter unless suspended or terminated:
4.2.1 At any time by AJM Comms Limited giving notice under clause 7(suspension) and clause 8(termination)
4.2.2 By the Subscriber giving not less than thirty (30) days prior written notice to AJM Comms Limited following the Minimum Agreed Term- (24 months from commencement date).This notice must coincide with the anniversary of the commencement date or any subsequent anniversary thereof, such notice to be sent to AJM Comms Limited’s place of business via Recorded Delivery.
4.2.3 At any time that the subscriber requests to be moved to another airtime provider (Network) they will automatically enter into a new 24 month term with AJM Comms Limited and said provider from the date the service with the new airtime provider commences
- Warranties and Liabilities
5.1 Except as expressly provided in these Terms and Conditions all warranties, conditions or other terms (whether expressed or implied by statute or common law or otherwise) as to the quality of the Services or their fitness for any particular purpose are hereby excluded to the fullest extent permitted by law.
5.2 AJM Comms Limited shall not be liable for any indirect or consequential costs, claims damages or expenses arising out of any negligent or tortuous act or omission or any breach of contract or statutory duty.
5.3 AJM Comms Limited shall not be liable or be deemed to be in breach of its obligations by reason of any delay in performing or failure to perform any of its obligations if the delay or failure was due to any cause beyond the reasonable control of AJM Comms Limited.
5.4 It is the subscribers responsibility to take out insurance if they wish AJM Comms Limited don’t offer insurance and are in no way liable for lost/damage caused to the handset(s) and the Subscriber acknowledges this and agrees to it.
- Use of the Services via the Mobile Phone/Handheld Device/SIM Card
6.1 The Subscriber should be aware that the current statutory provisions relating to wireless telegraphy and telecommunications services apply to the use of the Services via the mobile phone/Handheld device/SIM card and in addition the Subscriber must:
6.1.1 generally observe the Wireless Telegraphy Acts 1949 to 1967, the Telegraphy Act 1984, other relevant legislation, statutory instruments, and comply with any directions made by the Director General of the Office of Telecommunications or the Secretary of State;
6.1.2 not use or allow others to use the Services for any improper immoral or unlawful purpose;
6.1.3 not act or omit to act in any way which may injure or damage any persons property or the Network or howsoever cause the quality of the Services to be impaired;
6.1.4 comply with any reasonable instructions issued by AJM Comms Limited which concern the Subscriber’s use of the Services or mobile phone/Handheld device/SIM card;
6.1.5 provide AJM Comms Limited with all such necessary information that AJM Comms Limited may reasonably require;
6.1.6 only use the mobile phone/Handheld device/SIM card supplied under the agreement which is approved for use with the Network.
6.2 The Subscriber should recognise that the Services may from time to time be adversely affected by local geography, topography and/or atmospheric conditions and/or other causes of interference.
6.3 The Subscriber acknowledges that Roaming Services are provided using third party networks and that the availability and performance of such Roaming Services is outside of AJM Comms Limited’s control. AJM Comms Limited shall have no liability whatsoever to the Subscriber whether in contract, tort or otherwise (including negligence) arising out of or in connection with the use of the Roaming Services.
- Suspension
7.1 AJM Comms Limited may from time to time and without notice suspend the Services (and at AJM Comms Limited’s discretion disconnect the mobile phone/Handheld device/SIM card from the Network) ) and any other services provided to the Subscriber by AJM Comms Limited or a member of AJM Comms Limited’s Group (“Other Services”) in any of the following circumstances without prejudice to the liability of the Subscriber to continue to pay the Minimum Charge:
7.1.1 if the Subscriber fails to comply with any of these terms and conditions (including but not limited to failure to pay any charges when due) until the failure to comply is remedied to AJM Comms Limited’s satisfaction;
7.1.2 if the Credit Limit for this Agreement is exceeded;
7.1.3 if the Subscriber allows to be done anything which in AJM Comms Limited’s opinion may have the effect of jeopardising the operation of the Services;
7.1.4 if the Subscriber fails to pay AJM Comms Limited any sum or sums due to AJM Comms Limited, and/or any suppliers or fitter in respect of the cost of supply and/or fitting of the mobile phone/Handheld device/SIM card or any part thereof; or
7.1.5 if in the absolute discretion of AJM Comms Limited the Services are being used in a manner prejudicial to the interest of the Subscriber and/or AJM Comms Limited and/or the Network.
7.2 If AJM Comms Limited in their sole discretion reinstate the Services following suspension the Subscriber may be liable for an administration fee of £50.00 per connection if suspension is due to the default of the Subscriber.
7.3 During any technical failure, modification or maintenance of the Network, if the Services are suspended under this clause for a period of seventy two (72) hours or more, AJM Comms Limited will on a pro-rata basis credit to the Subscriber any line Rental or additional Services that may have been charged during the unavailability of the Network.
- Termination
8.1 Without prejudice to any other claims or remedies which AJM Comms Limited may have against the Subscriber, AJM Comms Limited may terminate the Agreement by giving notice to the Subscriber with immediate effect in any of the following circumstances:
8.1.1 if the Subscriber fails to comply with any of the terms of these Terms and Conditions including but not limited to failure to pay any charges due;
8.1.2 if the Subscriber enters into a deed of arrangement or commits an act of bankruptcy or compounds with creditors or if a receiving order is made against it (being a company) it shall pass a resolution or the court shall make an order that the Subscriber shall be wound up (otherwise than for the purposes of amalgamation or reconstruction) or if a receiver (including an administrative receiver) shall be appointed of any of the assets or undertaking of the Subscriber or if the Subscriber suffers the appointment or the presentation of a petition for the appointment of an administrator or if circumstances shall arise which entitle the court or a creditor to appoint a receiver (including an administrative receiver) or a manager or which entitle the court to make a winding-up order or if the Subscriber takes or suffers any similar action in consequence of debt;
8.1.3 if the Subscriber does or allows to be done anything which in AJM Comms Limited’s opinion will or may have the effect of jeopardising the operation of the Services.
8.1.4 any license to operate or use the Network whether under the Wireless Telegraphy Act 1949 to 1967 or the Telecommunications Act 1984 or otherwise is revoked or terminated for any reason;
8.1.5 if the operation of the Network is terminated or if the provision of the Services to AJM Comms Limited is discontinued;
8.1.6 if information supplied to AJM Comms Limited by the Subscriber is false or misleading.
8.2 AJM Comms Limited may Terminate the Agreement with immediate effect if the Customer is in breach of any provision of this Contract and does not rectify the breach within fourteen (14) days of the Supplier’s notice of such breach.
8.3 Upon the Termination of the Agreement AJM Comms Limited shall disconnect the mobile phone/Handheld device/SIM card from the System. If AJM Comms Limited in their sole discretion reconnect the Subscriber following such disconnection and such disconnection arises as a result of circumstances set out in Clauses 8.1.1, 8.1.2 or 8.1.3, the Subscriber shall be liable for the Connection Charge and the Agreement shall be deemed to continue.
8.4 On Termination of the Agreement by AJM Comms Limited under clauses 8.1.1, 8.1.2, 8.1.3 or 8.1.6 or by the Subscriber then the Subscriber shall pay to AJM Comms Limited immediately on demand:
(a) all charges payable up to the date of Termination; and
(b) a cancellation charge equivalent to the outstanding Monthly Charges for the remaining Minimum Term as stated in the Agreement.
8.5 In the event that a hardware fund has been established for the Subscriber then any monies due to the Subscriber on Termination of the Agreement shall be determined on a pro rata basis for each month of the Agreement completed prior to the Termination of the Agreement. Where all or part of the fund has been utilised at the time of Termination of the Agreement then the Subscriber shall immediately pay to AJM Comms Limited any proportion of the original fund value due pro rata. The fund shall be managed by AJM Comms Limited throughout the Term of the Agreement in accordance with the manner agreed between the Subscriber and AJM Comms Limited.
8.6 In the event of early Termination of the Agreement if the Subscriber has received:
8.6.1 free or reduced price hardware from AJM Comms Limited then the Subscriber shall immediately pay to AJM Comms Limited the difference between the actual price paid for the hardware and the price charged by AJM Comms Limited in accordance with the monthly schedule of prices issued by AJM Comms Limited from time to time;
8.6.2 a subsidy in the form of either money or hardware discount then the Subscriber shall immediately repay to AJM Comms Limited the money or value of the discount of the hardware; and
8.6.3 a free or reduced monthly charge then the Subscriber shall immediately repay to AJM Comms Limited the difference between the base Monthly Charge and the actual charge paid by the Subscriber subject to such payment being pro rata for the period of the Term from commencement to Termination.
- Transfer of Liability
9.1 AJM Comms Limited may at any time assign its rights under the Agreement to any third party.
9.2 The Subscriber whether selling or otherwise, cannot transfer their obligations to pay charges or bring the Agreement to an end. Any other transfer should be notified to AJM Comms Limited in advance for AJM Comms Limited to accept or otherwise as it sees fit. If a new user of the mobile phone/Handheld device/SIM card is accepted by AJM Comms Limited and enters into a new Agreement, satisfactory to AJM Comms Limited, it is AJM Comms Limited’s policy to release the existing Subscriber from liability from future charges.
9.3 AJM Comms Limited’s acceptance of payment from another person other than the Subscriber does not imply that AJM Comms Limited has amended any of the rights or obligations of the Subscriber.
- Variation
10.1 AJM Comms Limited may change these Terms and Conditions (including the charges) at any time. AJM Comms Limited will publish details of such changes on AJM Comms Limited’s website www.ajm-comms.co.uk at least two weeks before the change is to take effect.
- Data Protection
The Subscriber acknowledges that details of the Subscribers name, address and payment record may be submitted to a credit reference agency.
- Miscellaneous
12.1 Each and every mobile phone/Handheld device/SIM card and ancillary service connected by AJM Comms Limited to the Network shall be governed by these Terms and Conditions.
12.2 The Subscriber must promptly advise AJM Comms Limited of any change of address in writing and by recorded delivery. Any notice hereunder sent by AJM Comms Limited to the Subscriber shall be deemed to be served within 48 hours of posting to the last address notified in writing to AJM Comms Limited by the Subscriber.
12.3 The Subscriber must notify AJM Comms Limited immediately if the SIM Card is stolen or lost.
12.4 AJM Comms Limited reserves the right to add to the Agreement, the reasonable costs incurred in recovering any outstanding debt due from the Subscriber.
12.5 AJM Comms Limited will use reasonable endeavors to co-operate with any reasonable request from the Subscriber to transfer any telephone numbers allocated to the Subscriber hereunder to another service provider upon Termination of this Agreement or from one network to another network in either case upon the Subscriber paying AJM Comms Limited’s reasonable costs or charges incurred in complying with that request. Any such request shall be made in the form prescribed by AJM Comms Limited from time to time and shall be made subject to the Terms and Conditions.
12.6 The Subscriber agrees that these Terms and Conditions (and any Service Level Agreement or specifications where applicable) shall govern the Agreement between AJM Comms Limited and the Subscriber to the exclusion of any other Terms and Conditions oral or written and all representations or communications between the parties relating to the subject matter of the Agreement.
12.7 The invalidity, illegality or unenforceability of any provision of these Conditions should not affect the other Conditions of the Business Airtime Agreement
12.8 A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any Term of this Agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
12.9 The Agreement (and any proceedings whereby one party might be entitled to join the other as a third party) shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
12.10 AJM Comms Limited does not maintain any blue tooth devices and is not responsible for the non pairing of any devices. This is solely an issue for the device manufacturers.