TERMS AND CONDITIONS OF BUSINESS
Pace Comms Ltd - Full Terms and Conditions of Business - You should read these terms and conditions carefully
We, us means Pace Comms Ltd a company registered in England with registered number 07926308
"The Network" or "Network" means EE Limited or O2, which is trading as Telefonica UK Ltd or Plan Communications Limited trading as Plan.com
You, yourself means the person / company who is named on the contract agreement with the network
Mobile Phone Equipment means any cellular telephone equipment and airtime agreement supplied under this contract including any voice or data used
Mobile Phone Equipment Offer
All offers made by us for Mobile Phone Equipment are limited period offers subject to availability and subject to your status and the terms laid out herein. We will carry out a credit check prior to acceptance of your order and connection of the equipment to the network. Details of any offer and the package price are described in the proposal sent to you under separate cover, or as covered in the recorded scripted sales call between our agent and yourselves.
Airtime Contract (Including Electronically Signed Airtime Contracts)
All Mobile Phone Equipment is supplied subject to a minimum term airtime contract through the relevant Network. The Network Terms and Conditions of Supply of Cellular Telephones Services that apply to the supply of airtime under this contract if not already with you (at signature stage) which includes any out of bundle costs can be found at EE limited - http://www.ee.co.uk/businessterms under Network terms & Price guides; 02- http://www.o2.co.uk/termsandconditions/business; Plan.com http://www.plan.com/ Connection to the Network - Your contact with the Network for connection to the network is subject to status and acceptance by the Network.
Preferred Method of Communication
The preferred method of communication between us & you will be defaulted as the email address provided by you at the point of sale and/or used during any electronically signed airtime contract with the network. It is your responsibility & agree to inform us immediately should this become invalid in writing by emailing us with a new valid email address to email@example.com Should you wish to change your preferred method of communication then this must be put in writing to us either via email to firstname.lastname@example.org or via letter to our registered offices address detailed below made for the attention of The Operations Department.
Ownership of the item(s) will not pass to you until such time as we have received payment of the purchase price in full. In the case of Mobile Phone Equipment offers, ownership shall not pass until you have fulfilled the legally binding contractual minimum term of the airtime contract. If you terminate the airtime contract early at anytime, resign either directly with the network /another 3rd party dealer before the minimum term has been satisfied, cancel your direct debt instruction with the network & do not reinstate when requested or shown as no usage you will be responsible for repaying us the original SIM free retail price of the Mobile Phone Equipment at the date of you original connection. If payment is not received when the invoice is payable we reserve the rights to pass on your details & the account to our carefully selected debt recovery company where you receive further charges from them and ourselves in accordance with The Late Payment of Commercial Debts Regulations 2013 and an interest (daily) charge of 8.5% APR.
All quotations are based solely on the information by You to Us (for example, contract end dates, tariff/billing information, number of handsets, current network or 3rd party provider, contract terms) and we cannot accept any liability for error made in calculating tariffs at the point of contract. Acceptance of the quotation is deemed as evidence that, you understand and fully accept these terms and conditions & those of the network. We reserve the right to withdraw/amend any part of the quotation at any time from the date of Purchase Order to the end of the cancellation period should it come to light that any information provided by you, is inaccurate. You will provide to us any additional information required allowing us to set up your new mobile phone account, and this information will be provided in a timely manner. Tariff prices correct at time of printing. The 'network' including EE Limited & O2 will increase line rental costs in accordance to the RPI (Retail Price Index) in March of each calendar year. Any increase in monthly tariff costs are determined by the network therefore Pace Comms Ltd cannot be responsible for these additional charges throughout the contractual term.
Please be aware that your first bill may be pro-rata and outside of the normal monthly billing cycle. Therefore it could be for a total greater than that agreed (i.e. you may be billed for a month and a week for example). It's the same for allowances too. You'll get a partial allowance. Moving forward the next invoice will realign itself within the normal billing cycle & so will you monthly tariff benefits.
Delivery of Mobile Phone Equipment and other items will be made to an address in mainland UK only. We shall endeavor to deliver the items within 3 working days of your order. This delivery period is an estimate only we cannot accept responsibility for late delivery unless the delay exceeds a period of thirty days from the date of your order. We cannot accept responsibility for late delivery due to sufficient or wrong information provided, or delays in the connection process, this includes mandatory proofs requested by the Network and completion of the Network contract. Goods received damaged or with items missing must be reported to us within 24 hours of delivery.
Payment & Prices
If you do not pay any sums due to us within 21 days of the date of you invoice, we reserve the right to charge interest and administration fees and recover all items provided under the contract as detailed above under 'Ownership'. We may not exercise this right where you have notified us of a valid reason for non- payment. Unless indicated otherwise, all prices stated exclude VAT & delivery
This is a minimum contractual period of months agreed as detailed in your electronically signed Customer Information Form (EE); or electronically signed airtime contract (o2, Plan.com or Vodafone) & purchase order between us and you. As your equipment is provided by us (Pace Comms Limited) & not the network; if you (the customer) disconnects from the network for whatever reason including but not limited to 'porting out' or disconnection due to nonpayment within either the minimum contractual term for any reason including during the cancellation period once the customer Information Form (EE); or electronically signed airtime contract (o2, Plan.com or Vodafone) has been signed & returned to us by you, you will be liable for the minimum cost of the handset(s), plus any additional charges incurred, to cover the administration fees (up to a maximum of £250 ex vat per connection) [except those deemed fair in the network T&Cs] payable directly to Pace Comms Ltd which you agree to pay within 21 days of receipt by you an itemised invoice from us. These are in addition to such expenses detailed in the line rental subsidy/termination or other reimbursement & ownership terms mentioned within. In the event that an account is outstanding, we reserve the right to refer the matter to our debt collection agency, which will incur costs. Any costs incurred to collect the debt will be added to the debt balance, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us this surcharge, and that recovery of same can be enforced against you in court.
All handsets supplied by Pace Comms Ltd come with a minimum 12 month manufactures warranty. Any additional insurance cover you require is the sole responsibility of you. We shall not be liable for any refusal by the insurer to accept any application for insurance cover.
Our Responsibility to You - Please Note - We will perform the contract with reasonable skills and care. We shall not be liable for airtime charges during any period. In no circumstances shall we be liable for any loss damage arising out of and relating to the services that we provide which is for any loss of profits, loss of sales, loss of turnover, loss of bargain, loss of opportunity, damage to goodwill or reputation loss of use of any apparatus, software or data loss or time on the part of management or the staff of any indirect or consequential loss or damage however so arising for death or personal injury. In the event that you use an item for a commercial purpose then we shall not be liable to you for any loss of income, business or profits or any other economic loss arising out of your use of inability to use any item, however this loss may be caused and whether or not it is a result of your own negligence.
You will only use hardware supplied by us on the mobile phone tariff we have supplied, and not only will you not sell on or distribute this kit to a 3rd party, but you will also not use a 3rd parties kit on the mobile phone tariff we have supplied. You will keep the account up to date with the network, keep payment terms & method of the connected network provider i.e. direct debt active and in place for the minimum contractual term and ensure that you comply with the minimum usage terms set out by the network. You will, with our guidance, set up 3rd party access with the Network to allow us to access your mobile phone account should it become necessary or upon our request.
Connecting Partner Authorisation (EE Ltd)
By connecting through an Authorised EE Stockist EE will allow us access to your Account to obtain billing information, make changes (with the exception of requesting PAC codes or account closures) and add products/services on your behalf. You will remain responsible for all changes made to your Account including any and all charges which may arise as a result of actions pursuant to this authorisation. EE shall not be liable for any actions taken by EE in fulfilling requests from the Stockist. This authority will continue unless you wish to revoke it by emailing email@example.com
Termination / Disconnection
You will, unless agreed by us, fulfill the full term of the contract with the Network provider and ourselves and will not enter into an agreement with another Dealer, or any 3rd party, without written consent by from us. In the event of you entering into agreement with another dealer which results in a disconnection from the network early without our prior agreement and before the expiry of the minimum contractual term with the network & ourselves or you fail to adhere to your obligations as detailed within or you account becomes disconnected due to nonpayment, you agree to repay us the disconnection / administration fee of £250 ex vat per connection as detailed in the minimum term clause, any subsidy cash back, return any handsets supplied as part of the minimum term contract in a re-saleable/ as new condition with all box contents present or be charged the full RRP of the equipment as of the date at point of connection which may be detailed in the welcome pack or any other financial incentive provided or incurred. You further agree to pay any such expenses within 21 days of receipt by you of an itemised invoice in relation to such expenses.
Your Statutory Rights
Your rights and obligations under these terms and conditions are personal to you and may not be assigned by you to anyone else. We transfer outrights and/or obligations under these terms and conditions or any part thereof
IMPORTANT- Distance Sales - Consumer Contracts Regulations 2013 (formerly Distance Selling) regulations does not cover business to business contracts therefore we (Pace Comms Ltd) offer no cooling off period. If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizens Advice Bureau.
Ports / new Connections / Upgrades
Please note that by signing the minimum term contract whether for a port(s) / New connections (new numbers) or upgrading your handset(s) you are committed to a minimum term airtime contract with your chosen mobile Network. Ownership and airtime contract conditions apply (see above). Failure to activate any new sim card provided by us will result in a demand from Pace Comms Ltd for administrative fees & hardware costs in addition to such expenses detailed in the line rental subsidy/termination or other reimbursement & ownership terms mentioned within.
Throughout the minimum contractual term period you will be allowed to increase to a higher tariff at any point but not be allowed to decrease to a lower tariff (unless with written consent from us) until 30 days before the end of your contractual period. Please ensure that you take care to choose the correct tariff for you. Additional charges will always be avoided where possible. Please feel free to call us if you require additional information.
Mobile Number Porting
We can offer to port your existing mobile phone number if you are connecting to a different network and can provide us with an active PAC code from your existing network. We cannot be held liable for any consequential loss returning from a mobile number port failure. You must notify us of any problems within 3 days of your connection. Keeping your mobile phone numbers from your current supplier is purely for your convenience and is NOT a necessity of the contract nor to cancel. Failure to provide us with a valid PAC Code within 24 hours of receipt of the signed agreement we reserve the right & may result in the issue of new mobile number(s). You will still legally responsible for the network contract. You can cancel this at anytime however there are substantial penalties including early termination fees from both ourselves and the network as detailed within.
Incentives - Line Rental Subsidy/Termination/ Cash Back or Other Reimbursement
Please note that any cash back/buyout or other reimbursements offers is provided to you by Pace Comms Ltd and does not form part of the Network contract. To redeem this, we (Pace Comms Ltd) will require an invoice from you for the agreed amount within 28 days, once received a BACs transfer for the full amount will be issued within 14 days. We reserve the right to withhold payment if the phone is disconnected, the tariff is changed, the number of handsets has changed, you have failed to pay the network or us, the phone is showing no minimal usage or we have not been paid commission from the network. If the minimum term of contract has not been satisfied we retain the right to invoice you for any incentives that have been paid to you and also the original cost of any hardware supplied by Pace Comms Ltd. Furthermore, should you fail to adhere to any other of the terms laid out in this document, any payment due may be withheld pending further investigation. Pace Comms Ltd does not recognise any termination clause from any other 3rd party dealers therefore are not responsible for any of these costs incurred nor accept this as a valid reason to cancel.
Failure or delay in exercising any right under this agreement on our part shall not operate as a waiver thereof.
Your rights and obligations under these terms and conditions are personal to you-your company and may not be assigned to you to any third party. We may transfer our rights and /or obligations under these Terms and Conditions or any part thereof. This contract is governed by UK law.
V3.1.1 - 23/5/17