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Terms and conditions for the Virgin Mobile Pay As You Go service
Terms and conditions for the Virgin Mobile Pay Monthly service
Terms and conditions for Virgin Mobile Bundles
Terms and conditions for Pay Monthly SIM only bundles
Terms and conditions for Mobile TV

Terms and conditions for the Virgin Mobile Pay As You Go service

1. Definitions

These words have the following meanings:

"Network" is the telephone system which provides our services;

"Pay Monthly" refers to you paying charges in arrears by direct debit after using our Pay As You Go services; well normally refer to this as "pay by Direct Debit";

"Pay As You Go" refers to you paying charges in advance by credits before using our services;

"SIM card" means the card used with a mobile phone to access our services;

"VirginXtras" means our tailored information and other VirginXtras services (which we may re-name from time to time) which may include you asking us to send you text messages.

2. Our agreement

This policy shall not apply in respect of:

2(a) This agreement begins when we, Virgin Mobile Telecoms Ltd, accept your, the customer's, request for our services. You are deemed to accept these conditions when you credit your account with us or first use our services, whichever happens first.

2(b) We will open an account for your SIM card. We will apply charges (being the charges for our services that you use) to your account. You will be responsible for paying all charges on your account, whether or not they have been accrued by you personally.

2(c) We will connect you to our services as soon as we can.

i. If your SIM card is lost, stolen or damaged, call the Virgin Mobile Customer Service Centre for a new one. We may charge you for replacement.

ii. We own the SIM cards. You can only use a SIM card to use our services.

2.(d) You can pay the charges either in advance with the Pay As You Go option or, where we agree, and subject to passing a UK credit check, in arrears with the Pay Monthly option. At any time we may no longer allow you to Pay Monthly if we have a good reason.

2(e) Credit Limit - we may set monthly credit limits for charges where you Pay Monthly. We may (but do not have to) stop you using some or all of our services if you go over a credit limit. You should not use a credit limit for budgeting because the amount you owe is not capped or limited by any credit limit we set.

3. Providing services

3(a) We will try to always make our services available to you, but sometimes they may be affected by things we cannot control, for example, the weather, interruptions to services from our suppliers and faults in other telephone networks. We may suspend certain services but will endeavour to give as much notice as practical.

3(b) The services are made available provided:

they are not used for anything illegal, immoral or improper;
they are not used to make offensive or nuisance calls or to make or receive reverse charge calls;
they are only used with equipment and SIM cards approved for use with the network (and which have not been lost or stolen) and all relevant laws and rules are followed;
you give us information we reasonably ask for and you do not give us any false information;
all reasonable instructions we give you are followed;
the person attempting to use the services is in range of base stations forming part of the network.

3(c) Certain services are available in countries where there is a roaming arrangement for the network, but these services may only be available to you if you pay charges by a particular method. Please see our service guide for details.

4. Virginxtras

4(a) Parts of our VirginXtras are currently only available to correctly registered and approved users. You confirm that the details you give us to register are accurate and complete. You must tell us immediately if there are any changes.

4(b) We will use our reasonable endeavours to keep the VirginXtras free from viruses (or anything else which may damage your phone or information) but we do not guarantee this. Use is at your own risk.

4(c) We will give you notice of changes to charges as set out in condition 5 below. We may need to change or withdraw any element of the VirginXtras as a result of changes made by suppliers on which we rely or if a service is (i) uneconomical, technically impractical or unfeasible; or (ii) otherwise not fulfilling its purpose to you or us; and we will not be responsible for interruptions.

4(d) We do not permit you to be a nuisance or inconvenience to others, including by sending unsolicited emails or text messages. If you do, you may be liable to civil or criminal legal action.

4(e) You will only use VirginXtras acting as a consumer and must not exploit commercially any site or content. You must not resell or rent VirginXtras or access to it.

4(f) You must not:

i. use VirginXtras to transmit any material which breaches any intellectual property right or which contains viruses;

ii. disrupt or damage VirginXtras, any other associated service or website;

iii. circumvent the time-out function (to help you stay connected only when you are using VirginXtras); or

iv. circumvent any security or other safeguards.

4(g) You acknowledge that content in VirginXtras may be protected by copyright or other rights and laws. You must comply with all applicable laws and regulations.

4(h) We do not control all of the content of text messages which you may receive as part of VirginXtras. Therefore we have no responsibility or liability for this content.

4(i) You will reimburse us for any loss, cost, damage or claim arising from your misuse of VirginXtras or breach of this condition 4.

4(j) We may not permit certain friendly names, and friendly names that are already in use, at our discretion. If this happens, we will give you a different name. If you don't like it, you can suggest another name.

4(k) We may provide your personal information to other companies to enable us to provide you with the registered VirginXtras service. You should be aware that companies outside the European Union may have a lower standard of protection for personal information than that provided by the Data Protection Act 1998. We will however seek to have your data processed outside the European Union in accordance with English law.

5. Payment and related terms

5(a) Our charges are in the Virgin Mobile Service Guide which you have received with your SIM card. If you did not receive a copy of the service guide, please contact the Virgin Mobile Customer Services Centre on 789 or visit our web-site to obtain a copy.

5(b) We update the Virgin Mobile Service Guide periodically and may change our charges. We will give notice by mail, text message, a recorded message on the Virgin Mobile Customer Service Centre number or by some other means, before any such change to the charges takes effect. We will give at least 14 days notice of any increase to the charges. If you do not accept the changes you can cancel this agreement as set out in 8 below. Any continued use of our services will be deemed acceptance by you of the relevant change.

5(c) Where you Pay Monthly, a regular itemised statement of your account is prepared and sent to you, but there is a charge for this as set out in the Virgin Mobile Service Guide. If you Pay As You Go, if you ask us we will provide you with a monthly itemised statement of your account for the charge set out in the Virgin Mobile Service Guide.

5(d) If we have agreed that you can Pay Monthly, you can Pay Monthly or Pay As You Go as you choose.

5(e) If you pay the charges with the Pay As You Go option only and all credits on your account have been used up:

you will not be able to make outgoing calls, except calls to the emergency services and to the Virgin Mobile Customer Services Centre on 789;
you will not be able to use any other service for which there is a charge;
you will be able to receive calls.

5(f) As charges are incurred they will be deducted from any amounts credited against your account.

5(g) Where you Pay Monthly, we will send you a bill every month for our services used in the month that has just passed and for any services used at any earlier time if they have not previously been charged for. We can change the billing period.

5(h) If you Pay Monthly, you must do so by direct debit within 14 days of the date of your bill. If charges are not paid by direct debit for any reason within this time, we can stop you using some or all of our services and charge you interest on what you owe at 2% above the base rate of the Royal Bank of Scotland. We will use the base rate that was in force on the date of the bill and we can charge you interest until you pay. You agree that if you do not pay a bill on time, we can say that you have broken this agreement and we can cancel this agreement immediately. All these rights are in addition to any other legal rights we may have against you, which we may also rely upon.

5(i) At no additional charge, we will provide the code to 'unlock' your mobile phone, as long as you do not owe anything for that phone, you have spent at least £30 on airtime with us on that phone and you have complied with terms of this agreement. You will need to register that phone with us for security reasons.

6. Liability

6(a) We are only liable to you as set out in this agreement. We have no other duty or liability to you.

6(b) Nothing in this agreement removes or limits our liability for death or personal injury caused by our negligence.

6(c) Except as set out in 6(b), our entire liability to you for something we or anyone who works for us does or does not do will be limited to £3,000 for one incident, or £6,000 for a number of incidents within any 12 month period.

6(d) We are not liable to you in any way for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement. We are not liable to you in respect of any products or services you order from other companies (including other Virgin companies) using your mobile phone.

6(e) If you have a mobile phone which gives you access to the Internet, you may be able to access web sites and material which we do not control. Therefore we have no responsibility for these sites or their content, or for any services which you obtain through the Internet. Also you, and not us, are responsible for all information that you upload, email or transmit via the Internet. You must tell us about any claim as soon as reasonably possible.

6(f) We will not be liable to you if we cannot carry out our duties or provide our services because of something beyond our control.

6(g) This section 6 will apply even after this agreement has ended.

7. When we may suspend or disconnect services

7(a) We may suspend our services or disconnect any SIM card(s) from the network without warning if:

the network breaks down or needs maintenance. We will try to make sure this does not happen often;
you do not, or someone who uses your SIM card does not, keep to the conditions of this agreement, or any other agreement with us;
you or anyone who uses your SIM card damages the network or puts it at risk, or abuses or threatens our staff;
we are required to comply with an order, instruction or request of any government body, any emergency service organisation, or any other person or organisation with the appropriate authority; or
you choose not to make a call or send a text message for 180 days or more.

7(b) We can charge you the reasonable costs incurred by us for reconnecting you to our services, except where something in 7(a)(i) happens.

8. When the agreement ends

8(a) We can cancel this agreement immediately if any of the following happens:

you break an important condition of this agreement or a number of less important conditions;
you break a less important condition of this agreement and do not put it right within 7 days of us asking you to;
you do not pay a bill on time as described in 5(h);
the network owner no longer makes the network available to us;
your service has been suspended or disconnected under 7(a)(ii), (iii), (iv) or (v); or
any of the provisos for use of our services set out in 3(b)(i), (ii), (iii), (iv) and (v) are not complied with.

8(b) You can cancel this agreement at any time for any reason.

8(c) If this agreement is cancelled your SIM card will be disconnected, you will lose your mobile number and you will not be able to use our services at all.

8(d) On cancellation of this agreement, if you Pay Monthly you must pay everything you owe on your account.

8(e) If you decide to cancel this agreement because we have increased any charge, withdrawn a service or made any other change to this agreement, and your account with us is in credit, we will refund the amount of the credit you have paid for (excluding any initial airtime credited to your account). In order to claim your refund you must contact the Virgin Mobile Customer Service Centre within 90 days of the date of the change. You may 'unlock' your mobile, at the same time, as set out in 5(i) (but without the need to have spent £30 on airtime).

9. General

9(a) We can change or add to these terms and conditions if:

new laws or rules make it necessary;
for security or regulatory reasons;
if the changes or additions are minor and do not affect you significantly; or
if at some future time we wish to have all our customers on the same terms and conditions for services.

If we do this, we will notify you by mail, text message to your mobile phone, a recorded message on our Virgin Mobile Customer Service Centre number or by some other means. We will give you at least 14 days notice, unless new laws or rules do not allow us enough time to do this. Any continued use of our services will be deemed acceptance by you of the relevant change.

9(b) In exceptional circumstances, Oftel may order the reallocation or change of mobile phone numbers, in which case we may have to change your Virgin Mobile number.

9(c) You may not transfer your account or any of your rights and responsibilities under this agreement. We may transfer any of ours without your permission provided that neither the level of service you currently experience nor your rights under this agreement are reduced as a result.

9(d) We can record or monitor any conversations about your account or our services to assist us to improve the quality of our service.

9(e) If you have registered with us, you must call the Virgin Mobile Customer Service Centre straight away about any change in the address supplied to us. We will send mailed notices to the most recent address supplied to us.

9(f) Any concession or extra time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this agreement in any other way.

9(g) English law will apply to this agreement and any disputes will be settled in the courts of Great Britain.

9(h) 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(i) This agreement does not confer any benefit on any third party under The Contracts (Rights of Third Parties) Act 1999.

9(j) We may use credit reference agencies to help us make credit decisions or for fraud protection. You agree that we may register information about you and the conduct of your account with any credit reference agency. For the purpose of fraud prevention, debt collection, credit management and emergency services purposes, information about you and the conduct of your account may be disclosed to debt collection agencies, security agencies, financial institutions, emergency services organisations or other phone companies. We may also pass your details to third parties in the event we sell our business, in order that you continue to receive a mobile phone service.

9(k) We may hold a number of items of personal data about you which you provide to us. This information, and information about how you use your mobile phone, is used by us and our contractors to provide our services to you and for research purposes. From time to time we may use your details to send you information on special offers, including material about other carefully selected companies, or for market research purposes, by sending text messages to your mobile phone, or by other means. By accepting these terms and conditions you agree to that use, but you can stop us, or those other companies, sending you this information at any time by completing and returning to us the appropriate part of the registration card included in your joining pack, or by calling us on 0845 6000 789 (or 789 from a Virgin Mobile phone), or writing to Virgin Mobile, The Team, PO Box 2692, Trowbridge BA14 0WX.

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Terms and conditions for the Virgin Mobile Pay Monthly service

1. Definitions

These words have the following meanings:

“This agreement” means these terms and conditions (including any front sheet to which they are attached) and our charges from time to time, details of which are available on Virgin Mobile’s and the Retailer’s websites;

“bundles” means a monthly allowance of texts, minutes, picture messages or other bundle, available to you after the end of the Term as described in conditions 2(d) and 10. We may also call a “bundle” a “monthly airtime package”;

“Network” is the telephone system which provides our services;“Pay As You Go by Direct Debit” refers to you paying charges in arrears by direct debit after using our pre-pay services;

“Retailer” means the retail provider through which your mobile phone was purchased;

“SIM card” means the card used with a mobile phone to access our services;

“Term” means the initial term as shown on the front sheet of this agreement starting on the date we make available our services to you;

“VirginBites” means our tailored information and other “VirginBites” services (which we may re-name from time to time) which may include you asking us to send you text messages;

“we” or “us” means Virgin Mobile Telecoms Limited (registered number 3707664) whose registered office is at ;Virgin Mobile Telecoms Limited, Registered office: 160 Great Portland Street, London, W1W 5QA. Registered in England and Wales. VAT No. 591 8190 14.

“you” means the customer named in this agreement.

2. Our agreement

2(a) This agreement will continue for the Term and thereafter. It can be cancelled (subject to the provisions of condition 8) by you or us giving one calendar month’s written notice (you may also call us on 789) to the other at any time, or otherwise as provided in condition 8. Additionally, after the Term you may notify us at any time that you do not wish to receive mobile telecoms services from us in the form of bundles, under conditions 2(d) and 10.

2(b) You are deemed to accept these conditions when you place your order for the services, sign this agreement, receive your mobile phone and SIM card, credit your account with us or first use our services, whichever happens first. However, our obligations under this agreement will start when we accept your request for our services by provisioning your first monthly allowance under condition 2(c), and such provisioning will be subject to a UK credit check, your confirmation you are 18 or over and a maximum “per customer” number of monthly allowances. If we reject your request but incur charges, we can recover such charges from you.

2(c) Subject to earlier cancellation of this agreement under condition 8, during the Term we will provide a monthly allowance of voice calls (or other agreed services). Details of the voice calls, including text messages, (or other agreed services) available within your monthly allowance are set out on the front sheet of this agreement and in condition 2(h). If at any stage we permit you to change your monthly allowance during the Term (and if we grant that permission, you may only change your monthly allowance once a month), your new monthly allowance must not be less expensive than your monthly allowance at the beginning of the Term. Voice calls (or other agreed services) within a monthly allowance may be carried over to the next month (but not any month after that) provided that you are provisioned with a monthly allowance (or after the Term, a bundle allowance) for that next month. All usage outside of or in excess of your monthly allowance will be subject to additional call charges under our standard pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our service guide you received with your SIM card or on our website. If you wish to use premium rate services, call abroad or use your phone abroad (where you use your phone abroad, incoming calls also incur a charge), we may ask you to show a satisfactory credit score or billing history.

2(d) Unless this agreement has been cancelled earlier under condition 8, at the end of the Term we will automatically provision you for bundles under the terms of condition 10, subject to a UK credit check. As a minimum, we will text you before the end of the Term to remind you of this. You can notify us at any time up to 48 hours before the end of the Term, either through our website or calling 789, if you do not wish to receive mobile telecoms services from us in the form of bundles (in which case you will be provisioned to receive our mobile telecoms service on our standard pre-pay Pay As You Go by Direct Debit tariff).

2(e) We will open an account for your SIM card. We will apply charges (being the charges for our services that you use) to your account. You will be responsible for paying all charges on your account, whether or not they have been accrued by you personally.

2(f) We will connect you to our services as soon as we can. You agree that the services may start immediately following you placing your order for the services and in any event before the end of the return’s period set out in condition 3(e). 2.(f)(i) If your SIM card is lost, stolen or damaged, call the Virgin Mobile Customer Service Centre for a new one. We may charge you for replacement. You will be required to pay for all call charges up to the time you notify us that your SIM card is lost or stolen. You will be liable for the monthly (or other periodic) charges for each month until the end of the Term. 2.(f)(ii) We own the SIM cards. You can only use a SIM card to use our services.

2(g) Credit Limit - we may set monthly credit limits for charges. We may (but do not have to) stop you using some or all of our services if you go over a credit limit. You should not use a credit limit for budgeting because the amount you owe is not capped or limited by any credit limit we set.

2(h) The voice calls available within your monthly allowance described in condition 2(c) are for UK originating: calls to UK fixed lines, calls and text messages to Virgin Mobile or other UK mobile telephone numbers, calls to Group Call, 0800 numbers and Pagers, Call Return and Standard WAP. All calls are charged by the second, rounded up to the nearest second and text messages are charged per text message.

3. Provision of service

3(b) The services are made available provided:(i) they are not used for anything illegal, immoral or improper;(ii) they are not used to make offensive or nuisance calls or to make or receive reverse charge calls;(iii) they are only used with equipment and SIM cards approved for use with the Network (and which have not been lost or stolen) and all relevant laws and rules are followed;(iv) you give us information we reasonably ask for and you do not give us any false information;(v) all reasonable instructions we give you are followed;(vi) the person attempting to use the services is in range of base stations forming part of the Network.

3(c) Certain services are available in countries where there is a roaming arrangement for the Network, but these services may only be available to you if you pay charges by a particular method. Please see our service guide for details.

3(d) We may need to change or withdraw all or any part of the monthly allowances provided to you under condition 2(c) as a result of changes made by our suppliers, if the allowances are uneconomical, technically impractical, unfeasible or otherwise not fulfilling their purpose to you or us. If we do, we will give you as much notice as we reasonably can. In this situation if any such change or withdrawal by us is to your disadvantage and if you do not wish to accept any alternatives or replacements we may offer, you may cancel this agreement under condition 8(c)(v).

3(e) Our 28-day Customer Satisfaction Guarantee and 12 month warranty will not be available to you in respect of the services under this agreement. The Retailer will make available to you as agents on our behalf their warranties and replacements, refund and exchange policy as detailed in the Retailer’s returns policy leaflet (or such equivalent or replacement policy issued from time to time). You should check direct with the Retailer, at the place where you bought your mobile phone, if you wish to return your mobile phone under any of these policies. If you return your mobile phone and SIM card under any of the Retailer’s policies you will be charged for any calls or other of our services used by you both within and outside of your monthly allowance of voice calls (or other agreed services).

4. Virgin bites

4(a) Parts of our VirginBites are currently only available to correctly registered and approved users. You confirm that the details you give us to register are accurate and complete. You must tell us immediately if there are any changes.

4(b) We will use our reasonable endeavours to keep the VirginBites free from viruses (or anything else which may damage your phone or information) but we do not guarantee this. Use is at your own risk.

4(c) We will give you notice of changes to charges as set out in condition 5 below. We may need to change or withdraw any element of the VirginBites as a result of changes made by suppliers on which we rely or if a service is (i) uneconomical, technically impractical or unfeasible; or (ii) otherwise not fulfilling its purpose to you or us; and we will not be responsible for interruptions.

4(d) We do not permit you to be a nuisance or inconvenience to others, including by sending unsolicited emails or text messages. If you do, you may be liable to civil or criminal legal action.

4(e) You will only use VirginBites acting as a consumer and must not exploit commercially any site or content. You must not resell or rent VirginBites or access to it.

4(f) You must not:(i) use VirginBites to transmit any material which breaches any intellectual property right or which contains viruses;(ii) disrupt or damage VirginBites, any other associated service or website;(iii) circumvent the time-out function (to help you stay connected only when you are using VirginBites); or(iv) circumvent any security or other safeguards.

4(g) You acknowledge that content in VirginBites may be protected by copyright or other rights and laws. You must comply with all applicable laws and regulations.

4(h) We do not control all of the content of text messages which you may receive as part of VirginBites. Therefore we have no responsibility or liability for this content.

4(i) You will reimburse us for any loss, cost, damage or claim arising from your misuse of VirginBites or breach of this condition 4.

4(k) We may provide your personal information to other companies to enable us to provide you with the registered VirginBites service. You should be aware that companies outside the European Union may have a lower standard of protection for personal information than that provided by the Data Protection Act 1998. We will however seek to have your data processed outside the European Union in accordance with English law.

5. Payment and related terms

5(a) You will pay a monthly charge, in advance (or in arrears if we advise), for each month during the Term whether or not you use your SIM card or mobile phone. This charge is in respect of the Pay Monthly Contract service including your monthly allowance of voice calls (or other agreed services) described in condition 2(c). After the end of the Term you will be provisioned for bundles under condition 2(d) and charged under condition 10.

5(b) You will also pay call charges, monthly in arrears, for voice calls (or other agreed services) in excess of, and for any services outside of, your monthly allowance described in condition 2(c).

5(c)The amount of your monthly charge, as described in condition 5(a), is set out on the front of this agreement. Your call charges, as described in condition 5(b), will be charged at our standard pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our service guide you received with your SIM card or our website. If you did not receive a copy of the service guide, please contact the Virgin Mobile Customer Services Centre on 789 or visit our website to obtain a copy.

5(d) We may change our call and/ or monthly (or other periodic) charges or introduce new charges. We will give notice by mail, text message, a recorded message on the Virgin Mobile Customer Service Centre number or by some other means, before any such change to the charges applicable under this agreement takes effect. We will give at least 1 month’s notice of any increase to the charges or introduction of new charges applicable under this agreement. If you do not accept the changes you can cancel this agreement as set out in condition 8(c)(vi) below. Any continued use of our services after the date of the change or introduction will be deemed acceptance by you of the relevant change or introduction.

5(e) If included in the services agreed to be provided to you (as stated on the front of this agreement), a regular itemised statement of your account will be prepared and sent to you. Otherwise we will advise you of the total amount of charges you owe us.

5(f) We, or any third party on our behalf as we advise, will send you a bill every month for our services used outside of your monthly allowance or bundles allowance in the month that has just passed, for any services used outside of your monthly allowance or bundles allowance at any earlier time if they have not previously been charged for, and for the next month’s monthly charge or, if applicable, bundles charge. We can change the billing period.

5(g) You must pay all charges by direct debit within 14 days of the date of your bill. If charges are not paid by direct debit for any reason within this time, we can stop you using some or all of our services and charge you interest on what you owe at 2% above the base rate of the Royal Bank of Scotland. We will use the base rate that was in force on the date of the bill and we can charge you interest until you pay. You agree that if you do not pay a bill on time, we can say that you have broken this agreement and we can cancel this agreement immediately. All these rights are in addition to any other legal rights we may have against you, which we may also rely upon.

6. Liability

6(a) We are only liable to you as set out in this agreement. We have no other duty or liability to you.

6(b)Nothing in this agreement removes or limits our liability for death or personal injury caused by our negligence.

6(c) Except as set out in condition 6(b), our entire liability to you for something we or anyone who works for us does or does not do will be limited to £3,000 for one incident, or £6,000 for a number of incidents within any 12 month period.

6(f)We will not be liable to you if we cannot carry out our duties or provide our services because of something beyond our control.

6(g)This section 6 will apply even after this agreement has ended. If you are a consumer, the terms of this agreement will not affect any rights you have under any statute and which cannot be excluded by the terms of this agreement.

7. When we may suspend or disconnect our services

7(a) We may suspend our services or disconnect any SIM card(s) from the Network without warning if(i) the Network breaks down or needs maintenance. We will try to make sure this does not happen often;(ii) you do not, or someone who uses your SIM card does not, keep to the conditions of this agreement, or any other agreement with us;(iii) you or anyone who uses your SIM card damages the Network or puts it at risk, or abuses or threatens our staff;(iv) we are required to comply with an order, instruction or request of any government body, any emergency service organisation, or any other person or organisation with the appropriate authority;(v) you choose not to make a call or send a text message for 180 days or more;(vi) you notify us that your SIM card has been lost or stolen (see condition 2(f)(i); or(vii) you exceed any credit limit we set for you under condition 2(g).

7(b) Where we suspend our services or disconnect any SIM card(s) from the Network this agreement does not come to an end (unless we also cancel this agreement under condition 8(b)(v)). You are still liable for all monthly (or other periodic) charges or, if applicable, bundles charges due during any period of suspension or disconnection (except where suspension is due to the reasons set out in condition 7(a)(i) - we would credit you an appropriate part of monthly charges paid in respect of a period of ongoing severe disruption to the Network).

7(c) We can charge you the reasonable costs incurred by us for reconnecting you to our services, except where something in condition 7(a)(i) happens.

8. When the agreement ends

8(a) Either of us can cancel this agreement at any time by giving the other one calendar month’s written notice.

8(b)We can cancel this agreement immediately if any of the following happens:(i) you break an important condition of this agreement or a number of less important conditions;(ii) you break a less important condition of this agreement and do not put it right within 7 days of us asking you to;(iii) you do not pay a bill on time as described in condition 5(g) or you become bankrupt or make any arrangement with your creditors;(iv) the Network owner no longer makes the Network available to us;(v) your service has been suspended or disconnected under condition 7(a)(ii), (iii), (iv), (v) or (vii); or(vi) any of the provisos for use of our services set out in conditions 3(b)(i), (ii), (iii), (iv) and (v) are not complied with.

8(c) You can cancel this agreement immediately if:(i) we break an important condition of this agreement or a number of less important conditions;(ii) we break a less important condition of this agreement and do not put it right within 7 days of you asking us to;(iii) all of the services are permanently no longer available to you;(iv) we change the terms of this agreement to your significant disadvantage;(v) we change or withdraw all or any part of your monthly allowances in line with condition 3(d) to your disadvantage;(vi) we increase your monthly allowance (or other periodic) charges, or our call or other usage charges applicable under this agreement, or introduce new charge applicable under this agreement, in each case under condition 5(d) and you write to us to cancel this agreement before the increase or introduction takes effect. However your right to cancel under condition 8(c) does not apply if: (a) in respect of condition 8(c)(vi), we have increased our monthly allowance (or other periodic) charges by an amount equal to or less than the percentage increase in the previous 12 month period in the All Items Index of Retail Prices (or successor index) published by the Central Statistical Office in the Monthly Digest of Statistics (“12 month RPI percentage increase”), or we have increased our call or other usage charges which has the effect of increasing your likely call or other usage charges over a 12 month period (based upon your previous 12 months' call charges and usage pattern) by the 12 month RPI percentage increase or less; or (b) in respect of any of the events allowing you rights to cancel under conditions 8(c)(iv), (v) or (vi) (“Termination Event”), the Termination Event has been imposed on us as a direct result of new legislation, statutory instrument or government regulation, or the Termination Event relates solely to an additional service, in which case you may cancel such additional service by giving us not less than 10 days’ notice in writing to that effect.

8(d) If this agreement is cancelled your SIM card will be disconnected, you will lose your mobile number and you will not be able to use our services at all.

8(e) On cancellation of this agreement, you must pay within 14 days (i) unless you have cancelled this agreement under condition 8(c) or we have cancelled this agreement under condition 8(b)(iv), monthly charges owed for each month through to the end of the Term; and (ii) all unpaid call and other charges owing on your account.

9. General

9(a) We can change or add to these terms and conditions if:(i) new laws or rules make it necessary;(ii) for security or regulatory reasons;(iii) if the changes or additions are minor and do not affect you significantly; or(iv) if at some future time we wish to have all our customers on the same terms and conditions for services. If we do this, we will notify you by mail, text message to your mobile phone, a recorded message on our Virgin Mobile Customer Service Centre number or by some other means. We will give you at least 14 days notice, unless new laws or rules do not allow us enough time to do this. Any continued use of our services after the date of the change or addition will be deemed acceptance by you of the relevant change or addition.

9(b)You may not transfer your account or any of your rights and responsibilities under this agreement. We may transfer any of ours without your permission provided that neither the level of service you currently experience nor your rights under this agreement are reduced as a result.

9(c) In exceptional circumstances, Ofcom may order the reallocation or change of mobile phone numbers, in which case we may have to change your Virgin Mobile number.

9(d) We can record or monitor any conversations about your account or our services to assist us to improve the quality of our service.

9(e) You must call the Virgin Mobile Customer Service Centre straight away about any change in the address supplied to us. We will send mailed notices to the most recent address supplied to us.

9(f) Any concession or extra time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this agreement in any other way.

9(g) English law will apply to this agreement and any disputes will be settled in the courts of England.

9(i) This agreement does not confer any benefit on any third party under The Contracts (Rights of Third Parties) Act 1999.

9(j) We or the Retailer may use credit reference agencies to help us or the Retailer make credit decisions or for fraud protection. You agree that we or the Retailer may register information about you and the conduct of your account with any credit reference agency. For the purpose of fraud prevention, debt collection, credit management and emergency services purposes, information about you and the conduct of your account may be disclosed to debt collection agencies, security agencies, financial institutions, emergency services organisations or other phone companies. We may also pass your details to third parties in the event we sell our business, in order that you continue to receive a mobile phone service.

9(k) We and the Retailer may hold a number of items of personal data about you which you provide to us. This information, and information about how you use your mobile phone, is used by us and our contractors to provide our services to you and for research purposes. From time to time we may use your details to send you information on special offers, including material about other carefully selected companies, or for market research purposes, by sending text messages to your mobile phone, or by other means subject to the preferences you have indicated to us. By accepting these terms and conditions you agree to that use, but you can stop us, or those other companies, sending you this information at any time by completing and returning to us the appropriate part of the registration card included in your joining pack, or by calling us on 0845 6000 789 (or 789 from a Virgin Mobile phone), or writing to Virgin Mobile, The Team, PO Box 2692, Trowbridge BA14 0WX.

9(l) Any airtime bought or used pursuant to this agreement will not count towards free airtime you can earn under any of our other services or customer offerings.

9(m) If you have a problem or complaint ring 789 or see our service guide for our contact details. To give extra peace of mind, we have joined OTELO, an independent body set up to help resolve any problems with your service. For more information, please visit otelo.org.uk.

9(n) Failure by a party to enforce rights under this agreement shall not prevent that party from taking further action.

10. Bundles

10(a) Unless this agreement has been cancelled earlier under condition 8, at the end of the Term we will automatically provision you for bundles under the terms of condition 10. You can let us know you don’t want to receive bundles, in the ways set out in condition 2(d). We will provision you for the bundle that most closely resembles your monthly allowance of voice calls during the Term, as set out on the front sheet of this agreement (but we will not provision you for a bundle that costs more than your monthly charge during the Term, as set out on the front sheet of this agreement, unless you request otherwise). See our and the Retailer’s websites for details of the allowances and prices of our various bundles from time to time.

10(b) Duration & Termination: Provided you have sufficient credit, a bundle will automatically be renewed at the end of each month for a further month. You may notify us you don’t want to receive a bundle for the following month at any time up to 48 hours before it is renewed, either through our website or calling 789. If you do, your bundle will end on its renewal date and you will be provisioned to receive our mobile telecoms services on our standard pre-pay Pay As You Go by Direct Debit tariff.

10(c) Carry over: If your bundle is renewed on, or changed to a different bundle (any type, any size) by, its renewal date, any unused allowance in your existing bundle will carry over to the next month (but not any month after that). If you do not renew or change to a different bundle by its renewal date you will not be able to use any unused allowance.

10(d) Payment: The price of your bundle will be added to your monthly bill on the first purchase and each renewal date. If you do not have enough credit available for your renewed or changed bundle on the renewal date we will make three further attempts to add the amount to your monthly bill on the following three days. If we are still unable to add the amount to your monthly bill your bundle will end and you will lose any unused allowance.

10(e) Any voice call, text, picture message or other use of airtime outside of or in excess of your monthly bundles allowance will be subject to additional call charges under our standard pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our service guide you received with your SIM card or on our website.

10(f) We may need to change or withdraw all or any part of the bundles service as a result of changes made by our suppliers, if the bundles service is uneconomical, technically impractical, unfeasible or otherwise not fulfilling its purpose to you or us. If we do, we will give you as much notice as we reasonably can. If we need to change a bundle to your disadvantage and you do not wish to change to an alternative bundle on your renewal date we will refund you any airtime that would have carried over if you could have renewed your bundle, provided you inform us on 789 within 90 days of the date of the change or withdrawl.

10(g) You may only have one bundle per Virgin Mobile number at anytime. Subject to carry over, each bundle lasts for one month, even if you use it all sooner, or until it is cancelled or terminated. Bundles are non-transferable and cannot be exchanged for cash. If you or the mobile number to which a bundle is applied is suspended or disconnected you will immediately lose the benefit of your bundle and any carry over on disconnection or whilst the mobile number remains suspended. In such situations no refund of any unused elements of your bundle, including carry over, is available but this does not affect your legal rights as a consumer.

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Terms and conditions for Virgin Mobile Bundles

1(a) In this legal stuff, a "Bundle" means the texts, minutes, picture messages, airtime or other bundle, which you buy from Virgin Mobile Telecoms Limited ("we", "our" or "us") and "month" means a calendar month.

1(b) Duration & Termination: You may cancel and get a refund of a Bundle within 7 working days of first buying it by calling 789, provided you have not used it at all. Provided you have sufficient credit or airtime balance, a Bundle will automatically be renewed each month for a further month. You may end a Bundle up to 48 hours before it is renewed either through our website, calling 789 or by texting "CANCEL" to 789789. If you do, we will end it on the Bundles renewal date. We may need to change or withdraw any element of the Bundle service as a result of changes made by our suppliers, if the Bundle service is uneconomical, technically impractical, unfeasible or otherwise not fulfilling its purpose to you or us. If we do, we will give you as much notice as we reasonably can. If we need to change a Bundle to your detriment and you do not wish to change to an alternative Bundle on your renewal date we will refund you any airtime that would have carried over if you could have renewed your Bundle, provided you inform us on 789 within 90 days of the date of the change.

1(c) Carry over: If your Bundle is renewed on, or changed to a different Bundle (any type, any size) by, the renewal date of your previous Bundle, any unused Bundle elements from the earlier month will carry over for one additional month. If you do not buy a subsequent Bundle you will not be able to use any unused elements.

1(d) Payment: If you pay by Direct Debit the price of your Bundle will be added to your monthly bill on the first purchase and each renewal date. If you do not pay by Direct Debit the price of your Bundle will be deducted from your airtime balance on the first purchase and each renewal date. If you do not have enough airtime balance or credit available for your renewed or changed Bundle on the renewal date we will make two further attempts to add the amount to your monthly bill or deduct the amount from your airtime account, as applicable, on the following three days. If we are still unable to add the amount to your monthly bill or deduct the amount from your airtime balance your Bundle will end.

1(e) General: You may only have one Bundle per Virgin Mobile number at anytime. Each Bundle lasts for one month, even if you use it all sooner, or until it is cancelled or terminated. Bundles are non-transferable and cannot be exchanged for cash. Ordering a Bundle means you accept this legal stuff. If you or the mobile number to which a Bundle is applied is suspended or disconnected you will immediately lose the benefit of your Bundle and any carry over on disconnection or whilst the mobile number remains suspended; and if you end your use of or fail to renew a Bundle, either due to lack of funds or termination by you, you will lose the benefit of your Bundle and any carry over on your renewal date. In such situations no refund of any unused elements of your Bundle, including carry over, is available but this does not affect your legal rights as a consumer. Buying or using a Bundle does not count towards the free airtime you can earn. Bundles and the related airtime are services provided to you by Virgin Mobile Telecoms Ltd, 5/F Communications Building, London WC2H 7LT and Virgin Mobile terms and conditions of service (available in your Joining Pack or on our website) apply. Any voice call, text, picture message or other use of airtime made in excess of those available in your Bundle will be charged at our flextariff rate.

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Terms and conditions for Pay Monthly SIM only bundles

In this legal stuff, a "Bundle" means the texts, minutes, picture messages, airtime or other bundle, which you buy from Virgin Mobile Telecoms Limited ("we", "our" or "us") and "month" means a calendar month.
1. Duration & Termination: Provided you have sufficient credit, a Bundle will automatically be renewed at the end of each month for a further month. You may notify us you don't want to receive a Bundle for the following month at any time up to 48 hours before it is renewed, either through our website or calling 789. If you do, your Bundle will end on its renewal date and you will be provisioned to receive our mobile telecoms services on our standard pre-pay Pay As You Go by Direct Debit tariff.
2. Carry over: If your Bundle is renewed on, or changed to a different Bundle (any type, any size) by, its renewal date, any unused allowance in your existing Bundle will carry over to the next month (but not any month after that). If you do not renew or change to a different Bundle by its renewal date you will not be able to use any unused allowance.
3. Payment: The price of your Bundle will be added to your monthly bill on the first purchase and each renewal date. If you do not have enough credit available for your renewed or changed Bundle on the renewal date we will make three further attempts to add the amount to your monthly bill on the following three days. If we are still unable to add the amount to your monthly bill your Bundle will end and you will lose any unused allowance.
4. Any voice call, text, picture message or other use of airtime outside of or in excess of your monthly Bundles allowance will be subject to additional call charges under our pre-pay Pay As You Go by Direct Debit tariff from time-to-time as set out in detail in our joining pack you received with your SIM card or on our website.
5. We may need to change or withdraw all or any part of the Bundles service as a result of changes made by our suppliers, if the Bundles service is uneconomical, technically impractical, unfeasible or otherwise not fulfilling its purpose to you or us. If we do, we will give you as much notice as we reasonably can.
6. If we need to change a Bundle to your disadvantage and you do not wish to change to an alternative Bundle on your renewal date we will refund you any airtime that would have carried over if you could have renewed your Bundle, provided you inform us on 789 within 90 days of the date of the change or withdrawal.
7. You may only have one Bundle per Virgin Mobile number at anytime.
8. Subject to carry over, each Bundle lasts for one month, even if you use it all sooner, or until it is cancelled or terminated.
9. Bundles are non-transferable and cannot be exchanged for cash. If you or the mobile number to which a Bundle is applied is suspended or disconnected you will immediately lose the benefit of your Bundle and any carry over on disconnection or whilst the mobile number remains suspended. In such situations no refund of any unused elements of your Bundle, including carry over, is available but this does not affect your legal rights as a consumer.
10. Bundles and the related airtime are services provided to you by Virgin Mobile Telecoms Ltd, 5/F Communications Building, London WC2H 7LT and Virgin Mobile terms and conditions of Pay As You Go service (available in your Joining Pack or on our website) apply.

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Terms and conditions for Mobile TV

1. This legal stuff applies to Mobile TV and DAB radio (Mobile TV) and your access to Mobile TV is deemed to be acceptance of this legal stuff.

2. You can access Mobile TV by taking out a Virgin Mobile Pay Monthly contract (subject to UK credit check) or by paying a monthly charge in advance with the Pay As You Go option. Our terms and conditions for the Virgin Mobile Service (Pay Monthly contract / PAYG) will apply. Our charges are shown in the Standard Charges in the joining pack or at www.virginmobile.com.

3. Mobile TV is for your personal use only. If we reasonably suspect you're abusing Mobile TV for commercial purposes we may disconnect you immediately without notice.

4. TV channels and programmes are subject to change, may differ from standard TV broadcasts and may be made-for-mobile.

5. Mobile TV is subject to DAB coverage, handset capability, Virgin Mobile network availability and is only available in UK (excl. NI).

6. You need a TV Licence to watch Mobile TV.

7. You acknowledge that channels and programmes in Mobile TV may be protected by copyright or other rights and laws. You must comply with all applicable laws and regulations. You may not copy, alter, download, share, re-distribute any channels or programmes on Mobile TV.

8. We do not control the content, channels and programmes which you may receive on Mobile TV and as such we are not liable for the content. We will not be responsible for any interruptions in the service.

9. We reserve the right to change or withdraw all or any part of Mobile TV if it becomes uneconomical, technically impractical or otherwise not fulfilling its purpose to you or us. If we do, we will give you as much notice as we reasonably can.

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