Wholesale Mobile TERMS AND CONDITIONS
1.0 Definitions and Interpretation:
Agreement means this agreement between CAN and the Subscriber
Charges: means a pre-determiend unit of time, costed at rates set out in the tariff sheets. Initial call charges are those set out in this agreement. In relation to data there is a pre-determined charge per megabyte of data costed at the rates set out in the tariff sheets. Tariff sheets are published by CAN and are available on request.
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.
INVOICE DATE: means the same date as appears on the invoice raised by CAN.
EQUIPMENT – means all equipment supplied by CAN and remains the property of CAN throughout this agreement and any extension of this agreement
CAN; means CAN – Solutions Ltd of Unit 19/20 Macon Court, Herald Drive, Crewe, Cheshire, CW1 6EA. Registered in England No. 07494621.
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.
Market Value where assessed by the Dealer will be assessed in accordance with the market value Provided by Mazuma.
NETWORK: means any telecommunications network available from CAN.
SERVICES: means the Telecommunications cations 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 Client who is named on the purchase order and has accepted the terms and conditions of this agreement.
2.0 Connection to the Network and provision of the Services
2.1 Subject to the Agreement and these Terms and Conditions, CAN will connect and maintain the Connection of the mobile phone/Handheld device/SIM card to the Network and CAN will use its reasonable endeavours 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 CAN 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 CAN.
2.3 The Subscriber acknowledges that CAN 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 CAN reserves 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 CAN and the Subscriber acknowledges this and agrees to it.
2.7 If you have any numbers not coming over to CAN and no longer require them, it is your responsibility to cease them with your current provider, not CAN. 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.
2.9 The subscriber understands that if their application to lease equipment with our leasing provider is declined CAN reserves the right to proceed with the connection of the mobile network services in accordance with the terms of this agreement.
3. 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 CAN 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 CAN due to a requirement or direction of OFCOM; and/or
3.2.2. A change in the costs charged to CAN by its suppliers.
3.3. CAN 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 (DD) unless otherwise specified.
3.4.1 If the Subscriber does not pay by direct debit there will be a charge of £7.50 per invoice
3.4.2 In the event of a missed payment whether by DD or other method there will be a charge of £10 per payment.
3.4.2 In the event of late payments, in addition to the charge outlined in 3.4.2 there will be a charge of £12.50 per late payment.
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, CAN will invoice on a monthly basis, where possible on the same date each month. CAN 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 CAN unless otherwise specified.
3.9 CAN 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, CAN 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 CAN.
3.11 CAN reserves the right to set off any deposit against any amounts due and owing by the Subscriber to CAN (including but not limited to the Agreement).
3.12 CAN reserves the right to review the Credit Limit applicable to the Agreement, and if the total charges under the Agreement exceed the Credit Limit, CAN shall be entitled to demand immediate repayment of the 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, CAN 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 CAN 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 if CAN has concerns about the Subscriber’s financial situation and their ability to pay the Charges.
3.15 The Subscriber shall indemnify CAN, and keep CAN 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 CAN, 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.
4. 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 CAN 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 CAN 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 CAN’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 CAN and said provider from the date the service with the new airtime provider commences.
5. 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 CAN 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 CAN 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 CAN.
5.4 It is the subscriber's responsibility to take out insurance if they wish. CAN doesn’t offer insurance and is in no way liable for lost/damage caused to the handset(s), and the Subscriber acknowledges this and agrees to it.
6. 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 that may injure or damage any person's property or the Network or impair the quality of the Services;
6.1.4 comply with any reasonable instructions issued by CAN concerning the Subscriber’s use of the Services or mobile phone/Handheld device/SIM card;
6.1.5 provide CAN with all such necessary information that CAN 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 recognize 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 are outside of CAN's control. CAN 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.
7. Suspension
7.1 CAN may, from time to time and without notice, suspend the Services (and at CAN’s discretion disconnect the mobile phone/Handheld device/SIM card from the Network) and any other services provided to the Subscriber by CAN or a member of CAN’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 CAN’s satisfaction;
7.1.2 if the Credit Limit for this Agreement is exceeded;
7.1.3 if the Subscriber allows doing anything which, in CAN’s opinion, may have the effect of jeopardizing the operation of the Services;
7.1.4 if the Subscriber fails to pay CAN any sum or sums due to CAN, 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 CAN, the Services are being used in a manner prejudicial to the interest of the Subscriber and/or CAN and/or the Network.
7.2 If CAN, in their sole discretion, reinstates the Services following suspension, the Subscriber may be liable for an administration fee of £50.00 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, CAN 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.
8. Termination
8.1 Without prejudice to any other claims or remedies which CAN may have against the Subscriber, CAN 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 that 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 doing anything which, in CAN's opinion, will or may have the effect of jeopardizing 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 CAN is discontinued;
8.1.6 if information supplied to CAN by the Subscriber is false or misleading.
8.2 CAN 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, CAN shall disconnect the mobile phone/Handheld device/SIM card from the System. If CAN, 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 CAN 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 CAN 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 before the Termination of the Agreement. Where all or part of the fund has been utilized at the time of Termination of the Agreement, then the Subscriber shall immediately pay to CAN any proportion of the original fund value due pro rata. The fund shall be managed by CAN throughout the Term of the Agreement in accordance with the manner agreed between the Subscriber and CAN.
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 CAN, then the Subscriber shall immediately pay to CAN the difference between the actual price paid for the hardware and the price charged by CAN in accordance with the monthly schedule of prices issued by CAN 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 CAN 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 CAN 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.
8.7 On termination of the agreement the Client will return all the equipment supplied by CAN. Failure to do so will result in the Client being charged market value for the equipment based on it’s condition.
8.8 (i) The Subscriber must provide the dealer with the relevant PAC codes within 14 days of the signed purchase order.
(ii) Failure to provide these within 14 days of the purchase order will give CAN the right to connect the subscriber temporary/new numbers.
(iii) Any costs from the network or the dealer’s administration costs incurred by termination of the temporary or new numbers will be charged to the Subscriber
9. Transfer of Liability
9.1 CAN 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 CAN in advance for CAN to accept or otherwise as it sees fit. If a new user of the mobile phone/Handheld device/SIM card is accepted by CAN and enters into a new Agreement, satisfactory to CAN, it is CAN's policy to release the existing Subscriber from liability from future charges.
9.3 CAN's acceptance of payment from another person other than the Subscriber does not imply that CAN has amended any of the rights or obligations of the Subscriber.
10. Variation
10.1 CAN may change these Terms and Conditions (including the charges) at any time. CAN will publish details of such changes on CAN's website www.can-solutions.co.uk at least two weeks before the change is to take effect.
11. Data Protection
11.1 The Subscriber acknowledges that details of the Subscriber's name, address, and payment record may be submitted to a credit reference agency.
12. Miscellaneous
12.1 Each and every mobile phone/Handheld device/SIM card and ancillary service connected by CAN to the Network shall be governed by these Terms and Conditions.
12.2 The Subscriber must promptly advise CAN of any change of address in writing and by recorded delivery. Any notice hereunder sent by CAN to the Subscriber shall be deemed to be served within 48 hours of posting to the last address notified in writing to CAN by the Subscriber.
12.3 The Subscriber must notify CAN immediately if the SIM Card is stolen or lost.
12.4 CAN reserves the right to add to the Agreement, the reasonable costs incurred in recovering any outstanding debt due from the Subscriber.
12.5 CAN will use reasonable endeavours 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 CAN’s reasonable costs or charges incurred in complying with that request. Any such request shall be made in the form prescribed by CAN 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 CAN 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 CAN does not maintain any Bluetooth devices and is not responsible for the non-pairing of any devices. This is solely an issue for the device manufacturers.
12.11 All client information held by the dealer is processed and recorded in accordance with the Data Protection Act 1988 and the General Data Protection Regulations 2018. For further information about the data we manage please refer to our privacy policy https://www.can-solutions.co.uk/privacy-policy
12.12 By agreeing the terms of this agreement the Client accepts the terms of the privacy policy.
12.13 The Dealer is not at any time responsible for the lines relating to the “old contract” which are not taken over by them. Any such lines will remain the responsibility of the Client and the Client will remain liable for any continuing charges as a result of a lack of cancellation by them.
12.14 The Dealer is not liable in any way to any extent for any default in performance of the service provided by the network. The client must deal directly with Provider under the terms and conditions of their contract
12.15 In the event of a settlement being agreed in accordance with 12.7 this will be a full and final settlement and the Client will agree that there is no continuing breach of contract and the terms of this contract will continue
12.16 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay order or default is caused by conditions beyond its control including, but not limited to Acts of God, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected
12.17 The Dealer is not liable for any loss in profit or losses in business.
13. FlexNet Network Switching
13.1 The Subscriber may request to switch between networks under the FlexNet offering, allowing flexibility in network selection. However, each network switch will incur a non-refundable administration fee of £30 per switch. This fee will be charged to the Subscriber's next invoice.
13.2 The Subscriber acknowledges that switching networks may result in a change in the Monthly Charge. If the new network has higher rates for the equivalent tariff, the Subscriber will be responsible for any increased costs, which will be reflected in subsequent invoices. CAN will notify the Subscriber of any such changes prior to the switch.