Terms and Conditions of Sale

/Terms and Conditions of Sale
Terms and Conditions of Sale 2020-05-13T14:36:38+01:00

The terms and conditions which apply to your purchase of goods and/or services from Unicom Corporate Ltd, a company incorporated and registered in England and Wales with company number 06335871 whose registered office is at 4th Floor, Victoria House, Victoria Road, Chelmsford, CM1 1JR (Unicom)(we)(us)(supplier).

1. Terms used in these terms and conditions:
Words appearing in bold type in these terms and conditions have special meanings as set out below:
The agreement is these terms and conditions, and the application/registration form in accordance with which we permit you to use the goods/equipment/service and agree to provide these to you.
The goods or equipment is an electronic device and/or SIM Card and any related items which may be provided by us for use with the services.
The minimum period is the period for which you have agreed to receive the services as set out in the item specifications/registration form and starting on the service start date and any extensions to it made pursuant to this agreement.
The network is the mobile telecommunications network to which the equipment supplied under this agreement is connected.
The services are those services provided by us and other mobile telecommunication services obtained from our telecommunications network provider as specified in the application form and provided to you.
The service start date means the date that the service is first provided to you.
The service charges are the combination of reoccurring fixed charges invoiced in advance and usage based charges invoiced in arrears relating to the services provided to and consumed by the equipment.
The Subscriber Identity Module or SIM card is supplied by us and allows you to use the services. Each SIM card supplied by us remains our property or the property of our telecommunications network provider.

2. Your right to cancel:
(a) You have the right to cancel this agreement at any time from the date you either sign the customer agreement or the date your payment was made to Unicom until the service start date in writing. Once we commence providing the services you may only cancel them in accordance with the terms set out below. You consent to us commencing provision of the services as soon as reasonably possible.

3. The Services
(a) We shall provide the services you have requested during registration. We shall do our best to provide the services to you, but our ability to do so may be affected by circumstances beyond our control. These include but are not limited to: the capability of the equipment; the networks of the telecommunications network provider where the equipment may be situated, network congestion; geographic or atmospheric conditions; maintenance requirements or equipment failures.
(b) We may at any time set a limit on an amount of service charges you incur during each billing period or place a bar on the equipment being used. If you want to vary any such limit or release any such bar you should contact us. You acknowledge that we may undertake credit checks to determine your creditworthiness and based on this we may refuse to vary any such limit or release any such bar.
(c) Except as expressly set out in this agreement, you do not acquire any rights or licenses to any of our intellectual property rights. If software, documentation or manuals are provided to enable you to receive and use the service, we grant you, for the duration of this agreement, a nonexclusive, non-transferable license to use such software, documentation or manuals for your own use. Unless otherwise agreed in writing, any license granted by us under this agreement will terminate when the agreement is terminated.

4. The Goods
(a)No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier’s authorised representative.
(b)The specification for the Goods shall be those set out in the Supplier’s sales documentation unless varied expressly in the Customer’s order (if accepted by the Supplier). The Goods will only be supplied in the minimum units (or multiples) stated in the Supplier’s price list or in multiples of the sales outer as specified. Orders received for quantities other than these will be adjusted accordingly, illustrations,
photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Supplier are intended as a guide only and shall not be binding on the Supplier.
(c)The Supplier reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Supplier’s specification, which do not materially affect their quality or performance.
(d) No order which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in writing of the Supplier on the terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.

5. Payments
You agree to pay the charges in full without any deduction or set off as set out in this agreement. All figures in this agreement are expressed exclusive of value added tax.
(a) Electronic invoices will be sent in advance for your regular monthly charges and any other fixed charges to the email address you have notified us of during your application/registration on a monthly basis and will be due for payment thirty (30) days later or by the invoice due date (whichever is earlier) unless otherwise agreed in writing from us. If payment is not received by the invoice due date Unicom Corporate Ltd reserve the right to claim statutory interest (at 8 per cent over the current Bank of England base rate) and compensation for recovery costs under late payment legislation. We also reserve the right to request a deposit in the event that your credit rating is unsatisfactory to us.
(b) should you use the Equipment or services other than as agreed on an order form (for example in a different country not specified) we reserve the right to apply extra charges in accordance with our Standard Charges (as amended from time to time and which can be obtained on request).
(c) All renewals will be made on our Terms & Conditions & Prices current at the time of the renewal. While we will attempt to contact you prior to renewal date, you are responsible for ensuring all payments are made by due date.
(d) You shall notify us of any billing queries within one month of the date of the invoice upon which the query arises and shall not withhold payment of any service charges set out in the queried invoice, or any invoice, by reason of your billing query until it has been resolved by us.
(e) We reserve the right to suspend the service should you not pay the invoice within the specified time.
(f) If You choose to setup an automatic repeat billing managed by our credit card provider for any Services, you understand that payment will be taken anytime from the date of invoice to the invoice due date, and that the cancellation of any automatic subscription is your responsibility. We are unable to provide a refund in the event of any request to cancel (either an automatic subscription agreement or your Services in full) are received after payment has been automatically taken.
(g) Payments made by cheque must be received 7 days prior to the invoice due date to allow for the funds to clear. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £30 in addition to other relating charges and terms stated in this agreement.

6. Your responsibilities
(a) You must: (i) keep to any other conditions we set regarding the use of the equipment (goods) from time to time; (ii) tell us immediately of any change of address; (iii) tell us immediately if any equipment is lost or stolen and write or fax to confirm the details. (b) You must not: (i) use the equipment (or allow it to be used) for any illegal purpose. We may report the incidents to the police or any other relevant official organisation; or (ii) use any equipment that has not been approved by us for use of the services or on the network. If you are not sure whether the equipment is approved, you should contact us.
(c) The risk in the equipment shall pass to you on completion of delivery. Title to the equipment shall not pass to you until we have received payment in full (in cash or cleared funds) for equipment and any other goods or services that we have supplied to you in respect of which payment has become due.
(d) Until you have title to the equipment you shall: (i) hold the equipment on a fiduciary basis as our bailee; (ii) ensure that the equipment is readily identifiable as our property; (iii) not remove, deface or obscure any identifying mark or packaging on or relating to the equipment; (iv) maintain the equipment in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; (v) notify us immediately if you become subject to any insolvency or administration events; and (vi) give us such information relating to the equipment as we may require from time to time.

7. How you can end this agreement:
You can end the agreement during your Minimum Term (if you have one) by
(a)Giving notice at least 30 days before the date you want to end the agreement. However, you must pay us all the Charges you owe, plus any applicable cancellation Fee.
(b)On 30 days notice, outside the Minimum Term. You can end the agreement if your agreement does not contain a Minimum Term, or if you want to end the agreement at the end of your Minimum Term or any time after your Minimum Term has expired, provided you give notice to customer services of Unicom Corporate Ltd in writing or by using the “cancel subscription” option (if applicable) from within your online account area (www.unicomcorporate.co.uk) at least 30 days before the date you want to end the agreement.
(c)Within one month of a detrimental variation to your agreement. You can end the agreement within one month of us telling you about a variation to your agreement which is likely to be of detriment to you. You must give written notice within that month and your agreement will finish at the end of that month once we receive your notice.

8. What you have to pay when you end this agreement
(a) If you end all or part of this agreement under 7(a) above, you will only have to pay the service charges to the date this agreement ends.
(b) If you end all or part of this agreement under 7(b) and the minimum period has ended we charge you service charges to the end of the month.
(c) If you end all or part of this agreement under 7(c) we will apply a termination charge if you stop your service when still within your minimum period. When you sign up for a minimum period service, the costs of that service are spread across the term period, for example over 1, 2, 3 or 5 years. Discounts and any free installation are also included in the agreed service charges. Early termination charges are applied to recover the costs of the service provided to you over the agreed minimum period.

9. Changes to the services
(a) You may request us to change, modify or extend the service and we will then carry out a change control analysis to assess the impact and cost of such change which we will then notify to you. Should you wish to proceed we will jointly agree a supplementary application form. These terms and conditions will apply to any changes to the service.
(b) If the law changes or VAT or any other tax is increased, these changes will be passed on to you automatically.
(c) We can change the service charges at any time. If we increase the service charges in excess of the current retail price index, you can end this agreement by giving us written notice. You will then only have to pay service charges for the services that you already owe. This agreement will end 30 days after we receive your written notice. During the notice period the previous services charges will apply.
(d) We reserve the right to change the way the services are provided so long as it does not materially alter the services as requested in the application form

10. How we can end this agreement:
(a) Either we or you can end this agreement immediately if the other becomes bankrupt, insolvent or go into liquidation or if the other enters into a voluntary arrangement or has a receiver or an administrator appointed over any or all of its assets. Notice does not need to be given in these circumstances.
(b) We can also end this agreement: (i) if you break this agreement and do not correct the situation within 30 days of us telling you about the break; (ii) if the underlying network closes down for any reason and we are unable to provide an alternative solution; (iii) if you give us false information which we have relied on to provide the services.

11. What you have to pay when we end this agreement:
If we end this agreement under 10(b)(ii), you will only have to pay the service charges you already owe. If we end this agreement for any other reason, you will pay all the service charges as if you had ended the agreement under 7(b).

12. When we may suspend the service
We may suspend the service or any part of it if:
(a) A network fails or if modification or maintenance work is being carried out, or if a network is unavailable for any reason;
(b) If we do not receive full payment on time;
(c) If we think or know your equipment is being used fraudulently or illegally or if they have been lost or stolen.
If the services are suspended under 12(b) and if you wish to be reconnected, we may require you to pay an administration/reconnection charge per piece of equipment.
If the services are suspended under 12(c), you will still have to pay the service charges.

13. What we are liable for
Both we and you accept liability as set out in this clause:
(a) We do not guarantee that the services will be fault-free.
(b) Neither we nor you exclude or restricts our liability for death or personal injury caused by our own negligence or the negligence of either of our respective employees or agents acting in the course of their employment or agency or for fraudulent misrepresentation or to any extent not permitted by law.
(c) Unless otherwise expressly stated in this agreement neither of us shall be liable to the other in contract, tort (including negligence), breach of statutory duty or otherwise for any direct loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption or for any other similar direct loss which may arise in relation to this agreement whether or not the other was advised in advance of the possibility of such loss or damage.
(d) Unless otherwise expressly stated in this agreement neither we nor you shall be liable to the other in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect or consequential loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, loss of or damage to physical property, business interruption or for any other indirect or consequential loss or punitive damages which may arise in relation to this agreement whether or not either one of us was advised in advance of the possibility of such loss or damage.
(e) Subject to clauses c) and d) you and we accept liability to the other in contract, tort (including negligence) breach of statutory duty or otherwise for direct loss limited to: (i) £100,000 for loss of or damage to physical property in any period of 12 consecutive months; and (2) £100,000 for all other loss or damage arising from any one incident or series of connected incidents and £200,000 for all incidents in any period of 12 consecutive months.
(f) Each part of this clause operates separately. If any part of a clause is held by a Court to be unreasonable or inapplicable the rest of the clause shall continue to apply.

14. Data Protection
(a)Unicom abide by and follow the General Data Protection Regulation (GDPR). As a result we must act accordingly when holding any data deemed private. Unicom have registered data controllers with the Information Commissioners Office. The ICO is the UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
Unicom shall ensure that adequate protection is in place sufficient to discharge its obligations under the GDPR including its requirements regarding outsourcing or exporting data to any organisation outside the EEA.
(b)You agree that we and our network provider(s), can process your organisations information and users personal data, which we collect or which you submit to us during any sales, application or registration process, for a number of purposes, including to open and manage an account for Services, to deliver products and services ordered by you, for security and emergency service support, for credit checking and fraud prevention, and for product analysis and direct marketing (subject to your preferences) as set out in our ‘Privacy Policy’ available on our website.

15. Transferring this agreement
(a) You may not transfer all or any part of this agreement to anyone else without our consent. This agreement is personal to you (b) We can transfer all or any part of this agreement to someone else.

16. Severability
If any term of this agreement is held invalid, illegal or unenforceable by any court of competent jurisdiction, it will be severed and the remaining terms will continue in full force as if this agreement had been made without the invalid, illegal or unenforceable terms.

17. Entire Agreement
This agreement contains the entire agreement between us and replaces all previous written or oral agreements relating to its content, you agree that: (i) you have not been induced to enter into this agreement by, nor have you relied on, any statement, representation, warranty or other assurance not expressly incorporated; and (ii) in connection with this agreement your only rights and remedies in relation to any statement, representation, warranty or other assurance are for breach of this agreement and that all other rights and remedies are excluded. The terms of this clause will not affect your rights or remedies for any fraudulent misrepresentation by us.

18. Third Parties
Third parties are not entitled to enforce any term of this agreement.

19. Notices
Notices must be in writing (including email to the most appropriate individual) and sent to the addresses shown in the registration/application form). Notices in writing will be deemed received three days after posting and on the next business day if successfully sent by email.

20. Disputes and the Law
(a) This agreement is governed by English law and both parties submit to the non-exclusive jurisdiction of the English courts.
(b)If any of the terms in this agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any item that is not legally effective with a similar term that is.