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Terms &
Conditions

Consumer Mobile Data Agreement — Vision Plus & Blue Mineral. These terms govern your SIM card service. Please read them carefully before activating your SIM.

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Introduction

Each of VisionPlus & Blue Mineral and you is referred to individually as a "Party" and collectively as the "Parties".

Age Requirement

You must be at least 18 years of age to enter into this Agreement. By activating your SIM or using the Service, you confirm that you are aged 18 or over. If you are not 18 or over, you must not activate your SIM or use the Service.

This Agreement is entered into solely for the personal use of the individual consumer named above and not for any business, commercial, or professional purpose.

01

Definitions and Interpretation

In this Agreement, unless the context otherwise requires, the following words and expressions have the following meanings:

"Activate"

The point at which your SIM is provisioned onto the Network and ready for use, as confirmed by us.

"Agreement"

This Consumer Mobile Data Agreement, together with the Order Form, the Contract Summary, the Contract Information, the Fair Use Policy, the Privacy Policy, and any other document incorporated by reference, each as amended from time to time.

"Applicable Law"

Any statute, statutory instrument, regulation, direction, order, code of practice, guidance, rule, or requirement of any relevant governmental authority or regulatory body, including Ofcom's General Conditions of Entitlement, the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection from Unfair Trading Regulations 2008, the UK GDPR, and the Data Protection Act 2018.

"Business Day"

Any day other than a Saturday, Sunday, or public or bank holiday in England and Wales.

"Charges"

All sums payable by you to us under this Agreement, comprising the Standing Charge, the UK Data Charge, the EEA Data Charge, and any other charges notified to you from time to time.

"Cooling-Off Period"

The period of 14 calendar days beginning on the Service Commencement Date, during which you have the statutory right to cancel this Agreement without penalty.

"EEA"

The European Economic Area, comprising all member states of the European Union together with the Republic of Iceland, the Principality of Liechtenstein, and the Kingdom of Norway.

"EEA Data Charge"

The charge of £14.00 per calendar month (excl. VAT) / £16.80 per calendar month (incl. VAT at 20%) applied automatically in any calendar month in which your SIM first accesses mobile data whilst roaming within the EEA, which upon being triggered entitles you to EEA Unlimited data usage for the remainder of that calendar month, subject to the Fair Use Policy.

"Fair Use Policy"

Our fair use policy governing acceptable and unacceptable usage of the Service, as published on our website and incorporated into this Agreement by reference.

"Minimum Term"

The initial period of 1 month commencing on and including the Service Commencement Date, after which this Agreement continues on a rolling monthly basis until terminated in accordance with clause 11.

"Network"

The electronic communications network or networks over which the Service is provided, including those operated by or on behalf of our network providers from time to time.

"Service"

The mobile data SIM service provided by VisionPlus to you under this Agreement, for use in your caravan as a source of mobile internet connectivity, including all associated services and features.

"Service Commencement Date"

The date on which your SIM is first Activated.

"SIM"

The subscriber identity module (whether physical or electronic) supplied by us to you for use in Your Device in connection with the Service; title shall at all times remain vested in VisionPlus.

"Standing Charge"

The monthly charge of £3.50 (excl. VAT) / £4.20 (incl. VAT at 20%) payable each calendar month regardless of whether any data is used, collected by Direct Debit on the 1st of each calendar month.

"UK Data Charge"

The charge of £16.00 per calendar month (excl. VAT) / £19.20 per calendar month (incl. VAT at 20%) applied automatically in any calendar month in which your SIM first accesses mobile data within the United Kingdom, which upon being triggered entitles you to UK Unlimited data usage for the remainder of that calendar month, subject to the Fair Use Policy.

"Your Device"

The device or hardware (including any caravan-integrated connectivity system) into which you install the SIM for the purpose of receiving the Service.

1.2 Interpretation: Words in the singular include the plural and vice versa. A reference to a statute includes any subordinate legislation and any amendment or re-enactment. A reference to "writing" or "written" includes email. Clause headings are included for convenience only and shall not affect interpretation. In the event of any conflict between the documents comprising this Agreement, the order of precedence (in decreasing priority) is: (i) Order Form; (ii) Contract Summary; (iii) Contract Information; (iv) these General Terms and Conditions; (v) the Fair Use Policy; (vi) the Privacy Policy.

02

Commencement and Term

2.1 This Agreement shall commence on the Service Commencement Date and shall continue in full force and effect until terminated in accordance with clause 11.

2.2 This is a rolling monthly contract. The Agreement has an initial period of 1 month from the Service Commencement Date (the "Minimum Term"), after which it automatically continues on a rolling monthly basis unless and until terminated by either Party giving not less than 30 days' written notice in accordance with clause 11.2. Subject to clause 7 (Cooling-Off), clause 8.6 (Change of Terms Termination Right), and clause 15.4 (Complaint Resolution Termination Right), you may not terminate this Agreement during the initial Minimum Term without incurring the Early Termination Charge set out in clause 11.4.

2.3 You are entitled under Ofcom's General Conditions to have a consumer contract for electronic communications services with a minimum term of no more than 24 months. The 1-month Minimum Term under this Agreement is well within that limit. Nothing in this clause affects your statutory right to cancel during the Cooling-Off Period.

2.4 After the Minimum Term, this Agreement continues on a rolling monthly basis on the same terms (subject to any variations made in accordance with clause 8). No Early Termination Charge shall be payable in respect of termination after the Minimum Term.

2.5 During any rolling monthly period, either Party may terminate this Agreement by giving not less than 30 days' written notice. We are not required to issue a new agreement or a new Order Form unless you choose to take a new plan or upgrade your Service.

03

The Service

3.1 VisionPlus shall, with effect from the Service Commencement Date, provide you with a mobile data SIM card for installation in Your Device in your caravan, enabling you to access mobile internet connectivity over the Network. The SIM provides mobile data connectivity only; voice calls and SMS services are not included unless separately specified in writing.

3.2 We shall use reasonable skill and care in the provision of the Service, in accordance with Applicable Law and the terms of this Agreement, and shall comply with Ofcom's General Conditions of Entitlement.

3.3 We do not guarantee that the Service will be available at all times or that it will be uninterrupted, continuous, or free from faults. The availability, quality, and speed of the Service may be affected by factors including: congestion on the Network; weather conditions; the geographic location of Your Device; the construction of your caravan; the technical capability of Your Device; decisions of our network providers; and planned or emergency maintenance. Coverage maps and estimates are indicative only and do not constitute a guarantee of availability at any particular location.

3.4 The Service is provided over one or more third-party networks. VisionPlus does not own or operate the underlying network infrastructure. Where we have reasonable advance notice of any change by a network provider, we will notify you in accordance with clause 8.

3.5 The Service includes the ability to access mobile data whilst your caravan is located within the EEA, subject to the EEA Data Charge. Coverage within individual EEA countries will vary and is not guaranteed. When Your Device is located near a land border with a non-EEA territory, your SIM may connect to a network in that territory and different charges may apply. The EEA Data Charge and EEA Unlimited entitlement apply only to connectivity routed through networks within EEA member states.

3.6 Title in the SIM shall at all times remain vested in VisionPlus. We grant you a personal, non-exclusive, non-transferable licence to use the SIM solely for the purpose of receiving the Service during the term of this Agreement. The SIM must not be transferred, sold, or given to any third party without our prior written consent.

Emergency Services Notice

3.7 The SIM provided under this Agreement is a data-only SIM. As such, it may not be capable of connecting to emergency services (999 or 112) directly. You must ensure that you have alternative and independent means of contacting emergency services at all times, particularly when your caravan is located in a remote area. We accept no liability for any failure to connect to emergency services through or by means of the SIM or the Service.

3.8 Where a telephone number is allocated to your SIM, that number is allocated pursuant to a licence from our network provider. We may be required to change or reallocate a number at any time as a result of a change in Applicable Law or a direction from Ofcom, or where there has been no use of the Service for a continuous period of at least three months.

3.9 You have the right at any time to port your telephone number (if any) to another provider in accordance with Applicable Law and Ofcom's porting requirements. Porting your number does not affect your obligation to pay any outstanding Charges or, where porting occurs during the initial Minimum Term (the first month), your obligation to pay the Early Termination Charge.

04

Charges and Billing

4.1 You shall pay all Charges to us in pounds sterling, without deduction or set-off. Where Charges are stated in this Agreement, both the amount exclusive of VAT and the amount inclusive of VAT at the prevailing rate (currently 20%) are shown.

4.2 Your Charges operate on a trigger-based model. The following table sets out the applicable Charges and the maximum amount payable in any calendar month:

Usage Scenario Standing Charge Usage Charge Monthly Max
No data used in the month£3.50(£4.20 incl. VAT)Nil£3.50(£4.20 incl. VAT)
UK data only£3.50(£4.20 incl. VAT)£16.00(£19.20 incl. VAT)£19.50(£23.40 incl. VAT)
EEA data only£3.50(£4.20 incl. VAT)£14.00(£16.80 incl. VAT)£17.50(£21.00 incl. VAT)
Both UK and EEA data£3.50(£4.20 incl. VAT)£16.00 + £14.00(£19.20 + £16.80 incl. VAT)£33.50 (max)(£41.20 incl. VAT)

4.3 The Standing Charge of £3.50 (excl. VAT) / £4.20 (incl. VAT) per calendar month is payable every calendar month throughout the term of this Agreement, irrespective of whether you use the Service. It is collected by Direct Debit on the 1st of each calendar month. For any partial first or last month, the Standing Charge shall be pro-rated on a daily basis.

4.4 In any calendar month in which your SIM first accesses mobile data within the United Kingdom, a UK Data Charge of £16.00 (excl. VAT) / £19.20 (incl. VAT) shall be automatically applied to your account. Upon the UK Data Charge being triggered: (a) you will be entitled to UK Unlimited data usage for the remainder of that calendar month (subject to the Fair Use Policy); (b) the charge is applied only once per calendar month regardless of volume consumed; (c) the charge is not refundable or pro-ratable once triggered; and (d) the charge will be collected by Direct Debit alongside the following month's Standing Charge.

4.5 In any calendar month in which your SIM first accesses mobile data whilst roaming within the EEA, an EEA Data Charge of £14.00 (excl. VAT) / £16.80 (incl. VAT) shall be automatically applied. Upon the EEA Data Charge being triggered: (a) you will be entitled to EEA Unlimited data usage for the remainder of that calendar month (subject to the Fair Use Policy); (b) the charge is applied only once per calendar month; (c) the EEA Data Charge is a separate charge to the UK Data Charge; and (d) the charge will be collected by Direct Debit alongside the following month's Standing Charge.

4.7 In no circumstances shall your total Charges in any calendar month exceed £33.50 (excl. VAT) / £41.20 (incl. VAT).

4.8 We reserve the right to increase your Charges on an annual basis. Where we elect to increase any Charges, we will give you not less than 30 days' written notice, clearly explaining your right to terminate without incurring an Early Termination Charge if you do not accept the increase in accordance with clause 8.6.

4.10 All Charges are collected by Direct Debit. You must at all times maintain a valid Direct Debit mandate in our favour. The Standing Charge is collected on the 1st of each calendar month. Usage charges triggered in a calendar month are collected with the following month's Standing Charge collection.

4.11 If any Direct Debit collection fails, we will notify you as soon as reasonably practicable. We reserve the right to bar (suspend) the Service where payment remains outstanding for more than 5 Business Days after our notification. No reconnection fee shall be charged for reinstating the Service following a payment-related bar.

4.12 If you believe you have been incorrectly charged, you should notify us in writing within 28 days of the charge being applied. We will acknowledge your dispute within 5 Business Days and provide a substantive written response within 14 Business Days. Undisputed amounts shall remain due and payable. We will not apply late payment consequences to genuinely disputed amounts whilst under investigation.

05

Fair Use Policy

5.1 The UK Unlimited and EEA Unlimited entitlements are provided subject at all times to our Fair Use Policy. Whilst described as "unlimited", these entitlements are offered on the basis that they will be used in a manner consistent with ordinary personal and residential use by an individual consumer in a private caravan.

5.2 The Service must not be used for any of the following, each of which constitutes a breach of the Fair Use Policy:

  • (a) the commercial resale, redistribution, or transfer of data access to any third party;
  • (b) use of the SIM as a commercial public hotspot or access point;
  • (c) any automated, machine-generated, or bot-driven data traffic which is excessive, sustained, or inconsistent with normal personal use;
  • (d) continuous or near-continuous high-bitrate streaming (including sustained 24/7 video streaming) where inconsistent with ordinary domestic caravan use;
  • (e) the simultaneous routing of multiple devices through the SIM in a manner consistent with commercial rather than personal use; or
  • (f) any use which, in our reasonable opinion, adversely impacts the experience of other customers using the Network.

5.3 We reserve the right to monitor usage patterns for the purpose of ensuring compliance with the Fair Use Policy, in accordance with Applicable Law and our Privacy Policy.

5.4 If we reasonably consider that your usage is inconsistent with the Fair Use Policy, we will: (a) in the first instance, contact you to discuss your usage pattern; (b) where your usage is causing or likely to cause material harm to the Network, temporarily reduce your data speeds or restrict certain categories of usage pending resolution; and (c) where your usage continues to breach the Fair Use Policy following our notification, we may treat such continued breach as a material breach of this Agreement.

5.5 The full Fair Use Policy is published on our website and forms part of this Agreement. We may amend the Fair Use Policy from time to time. Material amendments will be notified to you in accordance with clause 8.

06

Your Responsibilities

6.1 You shall use the Service and the SIM solely for your own lawful, personal, and non-commercial purposes, and only in Your Device as installed in your caravan. You must comply with all Applicable Law in connection with your use of the Service and the SIM.

6.2 You must not, and must not permit any third party to, do any of the following in connection with the Service or the SIM:

  • (a) use the Service or the SIM for any unlawful, fraudulent, abusive, threatening, defamatory, obscene, or offensive purpose;
  • (b) use automated means to generate data traffic (including SIM boxes, traffic generators, or similar devices), unless we have given express prior written consent;
  • (c) tamper with, modify, damage, disassemble, or attempt to circumvent the SIM, the Network, or any technical protection applied to the Service;
  • (d) resell, sublicense, transfer, or otherwise deal in the Service or the SIM, or grant any third party any right to access or use the Service;
  • (e) use the Service or the SIM in a way that causes or is reasonably likely to cause disruption, interference, or harm to the Network, to VisionPlus's systems, or to other users of the Network; or
  • (f) do anything which may damage the reputation or interests of VisionPlus or of our network providers.

6.3 You must provide us with accurate, current, and complete information at the time of registration and at all times during the term of this Agreement. You must notify us promptly in writing of any change to your contact details (including your name, address, email address, telephone number, and bank account details for Direct Debit purposes).

6.4 You are responsible for the safe keeping of the SIM at all times. If the SIM is lost, stolen, or damaged, or if you become aware or suspect that the SIM is being used in an unauthorised manner, you must notify us immediately using the contact details in clause 16. Until you notify us and we deactivate the SIM, you will remain responsible for all Charges incurred in connection with it.

6.5 You are responsible for ensuring that Your Device is technically compatible with the SIM and the Service. We shall not be responsible for any failure or degradation of the Service that arises from the incompatibility, malfunction, or inadequate installation of Your Device, or from your caravan's construction or location.

07

Your Right to Cancel — Cooling-Off Period

14-Day Cooling-Off Right

Pursuant to the Consumer Contracts Regulations, you have the right to cancel this Agreement at any time within 14 calendar days from the Service Commencement Date without giving any reason and without incurring any penalty or Early Termination Charge.

7.2 To exercise your right to cancel, you must notify us of your decision in a clear and unambiguous written statement before the end of the Cooling-Off Period. You may do so:

  • (a) by email to: support@visionplus-mbb.com
  • (b) by letter sent by first class post to: Blue Mineral, 322 Grenville House, Stratford Road, Shirley, B90 3DN

You are not required to use any particular form; any clear written statement expressing your intention to cancel will suffice. We recommend that you retain a copy or proof of your cancellation notice.

7.3 We will acknowledge receipt of your cancellation notice as soon as reasonably practicable and in any event within 5 Business Days, and will confirm the date of cancellation and any amounts due or refundable.

7.4 Where you cancel within the Cooling-Off Period and have not used the Service at any point: (a) no Charges shall be payable; (b) any Charges already collected shall be refunded in full within 14 calendar days; and (c) you must promptly return the SIM to us.

7.5 Where you cancel within the Cooling-Off Period but have used the Service (which includes Activating the SIM), you will be liable to pay Charges proportionate to the period of use prior to cancellation. The Standing Charge shall be pro-rated on a daily basis for the period from the Service Commencement Date to the date of cancellation. Where the UK Data Charge or EEA Data Charge has been triggered, it shall be payable in full for the relevant calendar month.

08

Changes to this Agreement

8.1 We may vary this Agreement (including the Charges and the terms on which the Service is provided) at any time for one or more of the following reasons: to reflect a change in Applicable Law or a direction from Ofcom; to introduce changes exclusively to your benefit; to make administrative changes with no material adverse effect; to reflect a material change in our costs of providing the Service; to reflect improvements, upgrades, or changes to the Network or the Service; or for any other legitimate commercial reason, provided that we give you the required notice.

8.2 Subject to clauses 8.3 and 8.4, we shall give you not less than 30 days' written notice before any change to this Agreement, the Service, or the Charges takes effect. Our notice shall clearly describe the nature of the change, state the date from which it will take effect, state whether the change gives rise to a right of termination under clause 8.6, and explain how to exercise it.

8.6 Where we give you notice of a change that is materially to your detriment, you shall have the right to terminate this Agreement without incurring an Early Termination Charge by giving us written notice of termination to take effect before the date on which the relevant change comes into force. If you do not exercise this right before the change takes effect, you will be deemed to have accepted the change.

09

Suspension of the Service

9.1 We may suspend the Service (in whole or in part) at any time, with or without prior notice (depending on the circumstances), if: you have failed to pay any undisputed Charges by the due date; we are required to do so by Applicable Law or a direction from Ofcom; suspension is necessary to protect or maintain the security, integrity, or performance of the Network; we reasonably suspect that the Service or the SIM is being used fraudulently or in breach of this Agreement; you are in material breach of this Agreement; suspension is required to carry out planned or emergency maintenance, testing, or upgrades; or a Force Majeure Event prevents us from providing the Service.

9.2 Save where circumstances make it impracticable, we will use reasonable endeavours to notify you of an impending suspension in advance. Where we suspend without prior notice, we will notify you as soon as reasonably practicable after the suspension has taken effect.

9.3 We will keep any suspension to the minimum duration reasonably necessary and will restore the Service as soon as the grounds for suspension have been resolved. No reconnection fee shall be charged.

9.4 During any period of suspension of the Service, the Standing Charge shall continue to accrue and shall be payable by you, unless we determine in our sole discretion that the suspension was caused solely by our act or omission.

10

Your Consumer Rights

10.1 Nothing in this Agreement shall affect or limit your statutory rights as a consumer under Applicable Law. In particular, this Agreement does not limit or exclude your rights under: the Consumer Rights Act 2015; the Consumer Contracts Regulations; the Consumer Protection from Unfair Trading Regulations 2008; or Ofcom's General Conditions of Entitlement.

10.2 If we fail to provide the Service with reasonable care and skill, you are entitled to ask us to repeat or fix the Service. If we are unable to do so within a reasonable time or without causing you significant inconvenience, you may be entitled to a price reduction. If the failure is sufficiently serious, or if we fail to remedy a less serious failure within a reasonable time, you may be entitled to terminate this Agreement and receive a full or partial refund.

10.3 As required by Ofcom's General Conditions, we will provide you with a Contract Summary in a standardised format before you enter into this Agreement. By accepting this Agreement, you confirm that you have received the Contract Summary.

10.5 You have the right to switch to another mobile service provider at any time, subject to the provisions of this Agreement regarding early termination. We will facilitate any such switch in accordance with Applicable Law and Ofcom's switching requirements.

10.6 Any clause of this Agreement which purports to exclude or limit our liability or your rights to an extent that would be unlawful under the Consumer Rights Act 2015 or any other Applicable Law shall be void and of no effect to that extent.

11

Termination

11.1 Subject to your rights under clause 7 (Cooling-Off), clause 8.6 (Change of Terms), and clause 15.4 (Unresolved Complaint), you may not terminate this Agreement during the initial Minimum Term (the first calendar month) except by giving us written notice and paying the Early Termination Charge calculated in accordance with clause 11.4.

11.2 After the expiry of the initial Minimum Term, you may terminate this Agreement at any time by giving us not less than 30 days' written notice. This Agreement is a rolling monthly contract and no Early Termination Charge shall be payable in respect of termination after the first month.

11.3 We may terminate this Agreement with immediate effect upon written notice to you if: (a) you commit a material breach and fail to remedy it within 30 days of written notice from us; (b) you fail to pay any undisputed Charges when due and fail to remedy such non-payment within 14 days of written notice; (c) you repeatedly breach any term of this Agreement; (d) you are adjudged bankrupt or enter into an individual voluntary arrangement; or (e) we are required to do so by Applicable Law or by a direction from Ofcom; or (f) we are unable to provide the Service for a continuous period of 60 days or more by reason of a Force Majeure Event.

11.4 If this Agreement is terminated by you during the initial Minimum Term (the first calendar month), or by us pursuant to clause 11.3(a), (b), or (c) during that period, you shall pay to us the Early Termination Charge, calculated as:

Early Termination Charge = Monthly Standing Charge × the number of whole or part calendar months remaining in the initial 1-month Minimum Term.

In practice, as the Minimum Term is 1 calendar month, the maximum Early Termination Charge is £3.50 (the Standing Charge for that month). Usage charges incurred prior to termination remain payable and are not refundable. After the initial month, this is a rolling monthly contract and no Early Termination Charge applies.

11.5 No Early Termination Charge shall be payable where the Agreement is terminated by you: (a) pursuant to your statutory right of cancellation during the Cooling-Off Period; (b) pursuant to your right to terminate on notified changes under clause 8.6; or (c) pursuant to your right to terminate in connection with an unresolved complaint under clause 15.4.

11.6 Upon termination of this Agreement: (a) your right to use the Service and the SIM shall cease immediately; (b) all Charges accrued up to and including the date of termination shall become immediately due and payable; (c) the Early Termination Charge (where applicable) shall become immediately due and payable; and (d) you must promptly deactivate and return the SIM to us or confirm in writing that it has been securely destroyed.

12

Intellectual Property

12.1 All intellectual property rights in the Service, the Network, the SIM, any software used to deliver the Service, and any documentation or materials provided by us, are and shall remain the exclusive property of VisionPlus or our licensors. Nothing in this Agreement transfers or assigns to you any intellectual property rights of any kind.

12.2 We grant you a personal, non-exclusive, non-transferable, revocable licence to use the SIM and any associated materials provided by us solely for the purpose of receiving the Service during the term of this Agreement. This licence shall terminate automatically upon termination or expiry of this Agreement.

12.3 You must not copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works from any software forming part of the Service. You must not remove, obscure, or alter any proprietary notices, labels, or markings on the SIM or on any documentation provided by us.

13

Privacy and Data Protection

13.1 VisionPlus is the data controller in respect of the personal data that you provide to us and that we collect in connection with this Agreement and the provision of the Service. We are registered with the Information Commissioner's Office under registration number: ZA767734.

13.2 We collect and process your personal data for the following purposes: (a) to enter into and perform this Agreement; (b) to provide and manage the Service; (c) to bill you and collect Charges; (d) to communicate with you about the Service and any changes; (e) to handle complaints and resolve disputes; (f) to comply with our legal and regulatory obligations; and (g) for fraud prevention, security monitoring, and Network integrity purposes.

13.3 Full details of how we collect, use, store, disclose, and protect your personal data, including information about your rights under the UK GDPR, are set out in our Privacy Policy, which forms part of this Agreement.

13.4 To the extent permitted by Applicable Law, we may monitor and collect data relating to your usage of the Service (including data volumes, connection times, and general location information from cell tower data) for the purposes of: ensuring compliance with this Agreement and the Fair Use Policy; protecting the security and integrity of the Network; investigating and resolving service quality issues; meeting our legal and regulatory obligations; and managing fraud and credit risk.

13.5 You have rights under the UK GDPR in relation to your personal data, including the right to: access your personal data; request correction of inaccurate data; request erasure in certain circumstances; restrict or object to our processing; and data portability. To exercise any of these rights, please contact us at support@visionplus-mbb.com. You also have the right to lodge a complaint with the Information Commissioner's Office (www.ico.org.uk).

14

Liability

14.1 Nothing in this Agreement shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation by us; (c) any breach of the terms implied by sections 49 and 50 of the Consumer Rights Act 2015; (d) any other matter for which it would be unlawful for us to limit or exclude our liability; or (e) any liability which cannot be limited or excluded under Applicable Law.

14.2 Where the Service is interrupted, unavailable, or degraded for a period caused by our act or omission (or that of our network providers where we have recourse against them), we will use reasonable endeavours to restore the Service as quickly as possible and will consider, on a case-by-case basis, whether a pro-rata credit or refund is appropriate in respect of the period of disruption.

14.3 Subject to clause 14.1 and to the extent permitted by Applicable Law, we shall not be liable to you for: (a) any loss or damage that is not reasonably foreseeable to both of us at the date this Agreement is entered into; (b) any loss arising from your failure to comply with your obligations under this Agreement; (c) any loss arising from a Force Majeure Event; (d) any failure of or interruption to the Service arising from the actions or omissions of third-party network providers that we do not control; (e) any loss of data stored on Your Device or transmitted via the Service; or (f) any indirect, consequential, or special loss.

14.4 You shall be liable to us for all Charges properly incurred under this Agreement. You shall also indemnify us in respect of all reasonable losses, costs, and damages suffered or incurred by us as a direct result of: (a) your fraudulent use of the SIM or the Service; (b) your use of the Service in a manner that causes direct harm to the Network or to other customers; or (c) any material breach of clause 6 of this Agreement. This indemnity does not limit any statutory protection you have as a consumer.

15

Complaints Procedure

15.1 If you are dissatisfied with any aspect of the Service, the Charges, or our conduct in relation to this Agreement, you have the right to make a complaint to us at any time. We take all complaints seriously and will handle them in accordance with this clause 15 and our published complaints procedure.

15.2 To submit a complaint, please contact us:

15.3 On receipt of your complaint, we will: (a) acknowledge your complaint within 2 Business Days, confirming receipt and a reference number; (b) investigate your complaint thoroughly and impartially; and (c) provide you with a substantive written response within 14 Business Days of receiving all information necessary to investigate the complaint.

15.4 Where your complaint relates to a material failure or defect in the Service and remains unresolved after a period of 8 weeks from the date we received your complaint, or where we issue a "deadlock" letter, you may terminate this Agreement without incurring an Early Termination Charge by giving us written notice of termination.

15.5 Following the issuance of a deadlock letter, or after the expiry of 8 weeks from the date of your complaint, you have the right to refer your complaint to our approved Alternative Dispute Resolution (ADR) provider. Use of our ADR scheme is free of charge to you. The ADR provider will investigate your complaint independently and impartially. Use of the ADR scheme does not affect your right to bring proceedings in a court of competent jurisdiction.

15.6 You may also contact Ofcom (www.ofcom.org.uk) to raise a concern about our compliance with Ofcom's General Conditions or Applicable Law.

16

Notices

16.1 Any notice addressed to VisionPlus under or in connection with this Agreement shall be sent:

  • (a) by email to: support@visionplus-mbb.com
  • (b) by prepaid first class post or recorded delivery to: 322 Grenville House, Stratford Road, Shirley, B90 3DN

16.2 We will send notices, communications, and account information to you at the email address and postal address registered on your account. You are responsible for ensuring that your contact details are kept up to date.

16.3 A notice sent by email shall be deemed to have been given on the day of transmission if transmitted before 5:00 pm on a Business Day, or on the next Business Day if transmitted after 5:00 pm or on a non-Business Day. A notice sent by prepaid first class post shall be deemed to have been given on the second Business Day following the date of posting.

17

General

17.1 This Agreement (including the documents incorporated by reference in clause 1.1) constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior representations, statements, warranties, agreements, and arrangements between the Parties, whether oral or written, in relation to that subject matter.

17.2 If any provision of this Agreement is or becomes invalid, illegal, or unenforceable in any jurisdiction, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted without affecting the validity and enforceability of the rest of this Agreement.

17.3 No failure or delay by either Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy.

17.4 Nothing in this Agreement is intended to, or shall operate to, create a partnership, joint venture, or agency between the Parties.

17.5 This Agreement is personal to you. You may not assign, transfer, novate, charge, or otherwise deal with any of your rights or obligations under this Agreement without our prior written consent. We may assign, transfer, or novate our rights and/or obligations to any affiliate, successor, or third party, provided that such assignment does not reduce your rights under this Agreement.

17.6 Neither Party shall be in breach of this Agreement for any delay in performance or non-performance to the extent caused by a Force Majeure Event. The Party affected shall notify the other Party as soon as reasonably practicable, use reasonable endeavours to mitigate the effects, and resume full performance as soon as the Force Majeure Event ceases. If a Force Majeure Event continues for a period of 60 days or more, we may terminate this Agreement in accordance with clause 11.3(f).

17.9 An electronic signature (of whatever form) shall be as binding and conclusive as a manuscript signature. Where this Agreement is entered into online, your online confirmation of your agreement shall be as conclusive of your intention to be bound as if you had physically signed the Agreement.

17.11 This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.

17.12 Subject to your rights as a consumer to bring proceedings in the courts of your country of domicile, each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.

18

Regulatory Information and Compliance

18.1 VisionPlus is authorised to provide electronic communications services and networks in its own right and is regulated by Ofcom under the Communications Act 2003 and Ofcom's General Conditions of Entitlement. Enquiries about Ofcom regulation may be directed to www.ofcom.org.uk.

18.2 This Agreement has been prepared in compliance with Ofcom's General Conditions of Entitlement applicable to consumer contracts for mobile services. In particular, VisionPlus confirms as follows:

  • (a) the Minimum Term of 1 month does not exceed 24 months, in compliance with Ofcom's General Condition C1;
  • (b) a Contract Summary in standardised format has been or will be provided to you before you enter into this Agreement;
  • (c) a Cooling-Off Period of 14 days has been provided in accordance with the Consumer Contracts Regulations;
  • (d) all Charges are stated inclusive of VAT;
  • (e) you have been informed of your right to use our ADR scheme;
  • (f) you have been informed of your switching and porting rights; and
  • (g) the complaints procedure set out in clause 15 complies with Ofcom's requirements for complaint handling.

18.3 VisionPlus takes reasonable and proportionate technical and organisational measures to secure the Network and the Service against security threats, in accordance with our obligations under Applicable Law and Ofcom's General Conditions. You are responsible for taking appropriate steps to secure Your Device and any data accessed through or stored on Your Device via the Service.

18.4 In accordance with Ofcom's transparency requirements, VisionPlus will maintain on its website up-to-date information relating to the Service, including coverage information, Charges, the Fair Use Policy, and complaint handling procedures. You are encouraged to check our website regularly for the most current information.

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Ofcom Regulated

Authorised under the Communications Act 2003.

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GDPR Compliant

Registered with the ICO — registration number ZA767734.

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ADR Protected

Access to free Alternative Dispute Resolution scheme if needed.