And now, for the boring stuff...

Mobile Terms & Conditions

The following terms and conditions apply to Communicate Better Mobile.

THE AGREEMENT

Terms and Conditions

1.                   Agreement and Schedules 

1.1                 This Agreement sets out the terms upon which we will hire the Goods and provide the  Services to you. 

1.2                 We and you may enter into Schedules from time to time. Each Schedule shall constitute a  separate and independent contract for the hiring of the Goods and provision of the Services  referred to in it and shall incorporate the terms of this Agreement.  Where there is a conflict  between the terms of this Agreement and the terms of any Schedule then the terms of the  Schedule shall prevail.

1.3                 The definitions set out in clause 33 below apply to this Agreement and each of the  Schedules.

2.                   Commencement and Duration 

2.1                 This Agreement and each Schedule shall come into force on the date of their signature by  us. This Agreement shall remain effective as long as any Schedule is in effect. The hiring  of the Goods under each Schedule shall commence on the date of delivery of the Goods to  you in accordance with clause 4 and will continue thereafter for the Minimum Term, unless  terminated earlier in accordance with the terms of this Agreement, and will automatically  continue after the expiry of the Minimum Term until either party terminates the hiring of the  Goods and the provision of the Services in accordance with clause 2.2 (the Minimum Term  and any period for which the hiring continues after that being the “Period”).  On expiry or  termination of the hiring of the Goods for any reason, we shall proceed to a Disconnection  and you shall return the Goods to us in accordance with clause 8.

2.2                 Either you or we may terminate the hiring of the Goods and/or the provision of the Services  under this Agreement at the end of the Minimum Term or at any time thereafter subject to  providing the other party with at least 30 days written notice of such termination.

2.3                 You may terminate the hiring of the Goods and the provision of the Services under any  Schedule prior to the expiry of the relevant Minimum Term by giving us 30 days’ written  notice to terminate, returning the Goods to us in accordance with clause 8 on the expiry of  such notice and paying us all sums calculated under clause 10 on the expiry of such notice  (calculated as if the hiring of the Goods had been terminated by us on the date of expiry of  such notice).  The hiring of the Goods and the provision of the Services will not terminate  until you have complied with all your obligations under this clause 2.3.

2.4                 You may terminate the provision of the Services only under any Schedule prior to the expiry  of the relevant Minimum Term in accordance with clause 29.1.   If you do so, the hiring of the  Goods under the Schedule will continue and you must continue to pay the Hire Charges for  the Goods to us in accordance with this Agreement.

3.                   Payments

3.1                 In the event that you have use of the Goods prior to the Start Date you will be charged a Daily Payment Charge for each day between the Delivery Date and the Start Date. The aggregate of the Daily Payment Charge will be payable in advance on the date of this Agreement and/or any Schedule. You must promptly pay us the Payments set out in the Agreement and each Schedule and all other sums payable and to become payable under this Agreement and/or any Schedule. Subject to clause 3.2, all sums payable by you must be paid in full on the due dates for payment without prior demand and without any deductions, withholdings, counterclaims or set-off. Punctual payment of all monies due to us shall be of the essence of this Agreement and each Schedule. If you are compelled by law to make any deduction in respect of the Payments or any other sums due under this Agreement and/or any Schedule you will ensure that such deduction does not exceed the minimum liability thereof and will promptly pay to us such further amounts as are necessary in order that the net amounts received by us are equal to the original amounts agreed to be paid by you under this Agreement and/or the relevant Schedule.

3.2                  If we fail to provide the Services in accordance with the terms of this Agreement and/or  any Schedule (each a “Service Default”), then you will be entitled to give 30 days’ written  notice requiring us to remedy the Service Default and to perform any Services which we  have failed to perform.  If we fail to do so, then you may request us to stop providing the  relevant Services under the applicable Schedule. In such event, the relevant Services will  be cancelled and we will reduce each remaining Payment due under the Schedule by the  amount which we certify is attributable to the provision of the Services (“Service Charge”)  and you may appoint a replacement service provider to provide the Services.  The amount of  the Service Charge will be notified by us to you at the relevant time.

3.3                 You acknowledge and agree that Clause 3.2 sets out your sole rights and remedies if a  Service Default occurs or if the provision of the Services under a Schedule is terminated  under clauses 29.1 or 29.2 (“Service Termination”). You will not be entitled to treat a  Service Default or a Service Termination as a repudiation of this Agreement and/or any Schedule, or to terminate this Agreement and/or any Schedule if a Service Default or Service Termination occurs. You must continue to pay each Payment excluding the Service Charge  element (“Hire Charge”) to us in accordance with clause 3.1 notwithstanding the occurrence  of any Service Default or Service Termination. 

3.4                 You must continue to pay the Hire Charge element of the Payments to us even if the Goods are not working for any reason and/or during any period that the Services are Suspended  or are otherwise unavailable (including but not limited to any period during which network  coverage is limited or unavailable). 

3.5                 You acknowledge that we may assign the benefit of this Agreement and/or any Schedule to a  third party (“Assignee”) in order to finance the hiring of the Goods to you.  You acknowledge  that the Assignee is not responsible for the provision of the Services or the performance  of any our other obligations under this Agreement and/or any Schedule, and accordingly  you agree that you shall pay the Hire Charges to the Assignee in accordance with clause 3.1 notwithstanding the occurrence of any Service Default or Service Termination and notwithstanding any breach of our obligations under this Agreement and/or any Schedule. 

3.6                 You shall pay interest on all overdue sums under this Agreement and/or any Schedule  calculated on a daily basis from the due date for payment until the date of actual payment  (both before and after judgment) at the rate of 5 % per year over Finance House Base Rate  from time to time. 

3.7                 All payments due to us under this Agreement and/or any Schedule must be made by Direct  Debit. You shall pay us an administration charge of £4.00 plus VAT for each payment you  make that is not paid by Direct Debit or returned unpaid. If we agree in writing to you making  payments by post, any payments made by post will be at your risk. 

3.8                 You shall pay to us VAT on all Payments and any other sums due under this Agreement and/ or any Schedule that attract the same at the prevailing rate when such Payments and/or  other sums are due for payment.

4.                   Delivery and Acceptance of Goods

4.1                 We shall bear the risk of loss or damage to the Goods until the time of delivery to the Goods 

                       to you.  Subject to clause 4.2, you shall bear the risk of loss or damage to the Goods from  the time the delivery is made to you. We are unable to exchange the Goods once delivery  has been made to you and you have accepted the Goods in accordance with clause 4.2.

4.2                 You shall notify us in writing within 5 days of your receipt of the Goods of any defect in the Goods or if our delivery is incorrect, failing which it shall be conclusively presumed that the Goods are complete, in good working order and condition, fit for the purpose for which they are required and in every way satisfactory to you. We shall replace all Goods which are lost or stolen prior to delivery to you free of charge and as soon as is reasonably practicable. Without prejudice to the above, if the Goods are acceptable then you must sign a certificate of acceptance in respect of the Goods and such certificate shall be conclusive and binding on you in confirming that the Goods are satisfactory and accepted by you. The date specified in the certificate of acceptance shall be the deemed “Delivery Date” of the Goods.

 

4.3                 We will not be responsible for any failure or delay in the delivery of the Goods by any third party.

5.                   Use and Care of the Goods

5.1                 You must ensure that the Goods remain in your possession (or that of the End Users) at all  times and you shall not allow any person who is not an End User to have possession of and/ or use the Goods and/or Services. You agree that you are responsible for ensuring that End  Users use the Goods and/or Services in accordance with the terms of this Agreement and all  applicable laws and codes of practice as may vary from time to time. You shall keep accurate  and up to date records of the whereabouts of the Goods and allow us or any of our agents to  inspect such records or provide us with copies of such records on request.

5.2                 You are also responsible for the security of the Goods and you must ensure that you (and each  End User) adhere to the manufacturer’s user guide for details of how to keep the Goods secure.

5.3                 Title in the Goods shall remain with us at all times.

5.4                 You agree to not use the Goods and/or the Services (and you shall procure that the End Users  do not use the Goods and/or the Services): 

(i)                   for fraudulent, criminal or other illegal activity;

(ii)                  in any way which breaches another person’s rights, including copyright or other intellectual  property rights;

(iii)                 to copy, store, modify, publish or distribute Services or content (including ringtones), except  where we give you permission;

(iv)                 to download, send or upload content of an excessive size, quantity or frequency;

(v)                  in any way which breaches any security or other safeguards or in any other way which harms or interferes with our network, the networks or systems of others or Services;

(vi)                 to falsify or delete any author attributions, legal or other proper notices or proprietary designation or  labels of the origin or source of software or other content contained in a file that you upload;

(vii)                for any purpose that is illegal or is, in our reasonable opinion, fraudulent or abusive or make Nuisance Calls; or

(viii)               to do anything that will cause the network to be impaired or damaged.

5.5                 You shall not (and you shall ensure that the Ends Users do not) remove or obscure any logo or  writing on the Goods. You shall replace all batteries and other consumable parts of the Goods.  You shall not, and shall ensure that End Users do not, tamper with or attempt to repair or service  the Goods or allow any party other than us to do so. Any attempt to do this may invalidate the  manufacturer’s warranty. 

5.6                 You shall not (and you shall ensure that each End User does not) sell, offer for sale, assign,  mortgage, pledge, charge, underlet, lend or otherwise deal with the Goods or any interest in  them or this Agreement and/or Schedule nor allow the creation of any lien over them and shall  protect the Goods against repossession, distress, execution or seizure (or in Scotland, any form  of diligence).  Whilst you may allow End Users to have possession of the Goods in accordance  with the terms of this Agreement, you must not hire any item of the Goods to an End User.

5.7                 You shall keep the Goods maintained in good condition and working order (except for fair wear  and tear).

5.8                 Where a specific End User causes you to be in breach of your obligations of this Agreement, we  shall be entitled to Suspend such End User’s use of the Services. Before exercising this right,  we shall notify you of our intention to do so where this is reasonably practicable, allowing an  opportunity to remedy the alleged breach (where it is capable of remedy); otherwise we shall  notify you as soon as reasonably practicable after the Suspension. This right of Suspension will  only apply during the period of breach, although re-instatement of the Service may be subject  to the payment of a re-Connection charge.   You must continue to pay the Hire Charges to us in  accordance with clause 3.1 above notwithstanding any Suspension of the Services from time to  time.

5.9                 You shall remain primarily liable for the performance and discharge of all your liabilities and  obligations under this Agreement and each Schedule notwithstanding that all or part of the  Goods may be in the possession of End Users.

6.                   Insurance

6.1                 Risk in the Goods shall be borne by you from the date on which the Goods are delivered to you  until the Goods are returned to or recovered by us following the end of the hiring.

6.2                 At all times during the duration of this Agreement and/or any Schedule, you shall insure the  Goods against:

(i)                   all risks of loss or damage for their full replacement value; and

(ii)                  third party liability for such amount as we may require from time to time or, in the absence of any stipulation, for the amount which is prudent in all the circumstances.

6.3                 You shall pay punctually all premiums due for the insurances required under clause 6.2 and, at  our request, produce to us the related policy or policies together with evidence of payment of the  premiums.  If you fail to do so, we may (but are under no obligation to do so) pay the relevant  premium or effect the insurance required and you shall reimburse us on demand the cost of  doing so.

7.                   Total Loss and Damage to the Goods

7.1                 You shall inform us in writing immediately upon the confiscation of or any loss of or damage  to the Goods.  If, in our opinion or that of the insurer, there is a total loss of the Goods (“Total  Loss”), you shall, within 28 days of the occurrence giving rise to the Total Loss, replace the  Goods at your own expense with goods of the same specification, age and condition.  Any  replacement goods shall become our property and shall be deemed to be Goods for the  purposes of this Agreement and the relevant Schedule.  You shall do anything necessary to  ensure that any replacement goods become our property. If requested by us, you must provide  us, on demand, with evidence (in a form and substance that is satisfactory to us) that you have  complied with your obligations under this clause 7.1 should a Total Loss occur. 

7.2                  If the Goods are not insured for their full replacement value, or are subject to any restriction  in the insurance cover, you undertake to reimburse us for any loss that we incur as a  consequence.

7.3                 In every other case of damage which does not amount to a Total Loss this Agreement shall continue. 

8.                   Return of the Goods

8.1                 On expiry or termination of this Agreement and/or any Schedule, you shall at your own  expense redeliver the Goods to a location in the United Kingdom notified to you by us. The  Goods shall be returned in a good, safe and serviceable condition and state of repair (fair  wear and tear excepted). Each device that constitutes the Goods should correctly power on  and load up to the default home screen. Batteries shall function to a level commensurate  with the age of the relevant device. All buttons and speakers shall be fully functional. All  screens shall not be damaged (save for minor scratches), shall be clear of missing pixels,  blobs, blank areas, visible liquid bleeds, discolouration, screen burn and should be fully  working and responsive to touch in all areas and free of visible cracks. All location services,  subscriber accounts, passwords and user data should be removed and reset to standard  settings and each device shall not be locked to a cellular network. Where applicable, the  following are required to be fully functional in relation to each device comprising the Goods:

(i)                   sim card reader/Micro SD card reader; 

(ii)                  headphone port; 

(iii)                 vibration; 

(iv)                 cameras; 

(v)                  wifi/bluetooth; 

(v)                  accelerometer;

(v)                  microphone and earpiece/loudspeaker; and

(vi)                 finger print sensor.

 8.2                Where you fail to return the Goods to us within 14 days of the expiry or termination of this  Agreement and/or any Schedule, you shall grant us or our agent access to any premises  where the Goods may be for the purpose of removing them, and shall reimburse us any  costs we incur in doing so.

8.3                 If, on return or repossession of the Goods to or by us, the Goods are not in a condition which  complies with the performance in full by you of your obligations under clause 8.1 (“Return  Conditions”) you shall either (at our option):

(i)                   reimburse us in respect of any costs incurred by us in making any repairs or improvements to return the Goods to the Return Conditions; or

(ii)                  following written notification from us detailing the work (including costs therefor) required to  return the Goods to the Return Conditions (“Notification of Work”), arrange for those works  to be completed at your expense. In the event that we have not received any objection from  you in respect of the Notification of Work within 5 days of your receipt of the Notification of  Work, you shall be deemed to have accepted the work required to be done to return the Goods to the Return Conditions and the costs involved. 

8.4                 In the event that you object for any reason to the Notification of Work, we shall be entitled  (but not obliged) to appoint an independent expert to assess the cost of returning the Goods  to the Return Conditions with that independent expert’s opinion being final and binding on  both you and us. Provided that our estimate of costs detailed in the Notification of Work is  not more than the independent expert’s assessment of costs, the independent expert’s fee  costs shall be borne by you.  

8.5                 Hire Charges pro rata for each day from the date of termination until return or repossession  of the Goods to or by us shall continue to be payable until the Goods are returned by you in  a condition that is commensurate with the Return Conditions.

9.                  Default or Breach

9.1                 Without prejudice to our right to arrears of Payments or other sums due, or for damages for  breach of this Agreement and/or any Schedule, we may, after giving you any notice required  by law, terminate the hiring of the Goods and the provision of Services under this Agreement  and/or any or all of the Schedules on the occurrence of any of the following events:

(i)                    you fail to pay any Payment or other sum due under this Agreement and/or any Schedule on  its due date;

(ii)                  you fail to comply with or breach any other provision of this Agreement and/or any Schedule  and where such breach is capable of remedy, fail to remedy the same within 7 days of a  notice from us requiring its remedy;

(iii)                 you fail to pay any sum due under or breach the terms of any other agreement in force  between you and us or any member of our group or any loan, lease, debt or security  agreement in force between you and any other party;

(iv)                 you allow to be done any act or thing that may prejudice or endanger our property or rights in  the Goods including allowing the Goods to be in the possession of any person who is not an  End User;

(v)                  you are unable to pay your debts as they fall due;

(vi)                 you have a bankruptcy order made against you (or in Scotland be sequestrated or become apparently insolvent);

(vii)                you die; 

(viii)               you are liquidated or wound up or have a petition for winding up presented against you or  pass a resolution for voluntary winding up (otherwise than in the course of a reconstruction  approved by us in writing);

(ix)                 any steps are taken to appoint an administrator or administrative receiver over you or to  appoint a receiver over any of your assets;

(x)                  you convene any meeting of all or any of your creditors or make a deed of assignment or  arrangement or otherwise compound with all or any of your creditors;

(xi)                 any step is taken to levy distress or execution or any distress or execution is levied or  threatened to be levied upon the Goods (or in Scotland any form of diligence is done or  threatened by a third party affecting the Goods);

(xii)                you abandon the Goods;

(xiii)               the Goods become a Total Loss;

(xiv)               there is, in our opinion, a material adverse change in your financial position or business;

(xv)                there is a change in your control, ownership or shareholding or that of your holding company from that existing at the date of this Agreement; or

(xvi)               you, being a partnership, are dissolved or proceedings for your dissolution are commenced.

10.                 Consequences of Termination

10.1                Immediately upon termination of this Agreement, any Schedule, the hiring of the Goods and/or provision of the Services for any reason, you shall pay to us the following sums:  

(i)                   all arrears of Payments and other monies accrued due up to the date of termination; 

(ii)                   a sum equal to all the Hire Charges which, but for the termination of the hiring of the Goods,  would have become due during the remainder of the Minimum Term with each Hire Charge being discounted by 2% per annum from due date for payment to the date of termination to  reflect early receipt; 

(iii)                 any costs and expenses we incur in having to recover the Goods in accordance with clause 8; and

(iv)                 all costs, expenses and losses incurred by us in liquidating, or redeploying the proceeds of any  funding or other financial arrangement we have entered into for the purposes of funding our  investment in the Goods.

11.                 Exclusion of Liability

11.1               You are responsible for choosing the Goods and making sure that they are fit and suitable  for your purposes.  We are not the manufacturer of the Goods and give you no advice or  assurances about the Goods or their quality or suitability.  The Goods are acquired by us at your  request solely for the purpose of hiring the Goods to you.

11.2               We agree upon your request and at your cost and expense to assign to you the benefit of all  express warranties granted in our favour by the supplier of the Goods, the manufacturer of them  or any third party to the extent that we are entitled to do so.

11.3               The Goods are not hired or supplied to you with any representation, warranty, condition or  undertaking (whether express or implied) concerning the condition, performance, quality,  description, hiring, possession, state, transportation, suitability, use or fitness for purpose of the  Goods or subject to any term, representation, warranty, condition or undertaking expressed to  be implied by statute, common law or otherwise, and all such terms, representations, warranties,  conditions and undertakings are excluded to the full extent permitted by law.

11.4               We give no warranties that the Goods do not or that your use of the Goods will not infringe any  patents, trademarks, registered designs, copyrights or intellectual property rights owned or  possessed by any third party and we shall not be liable to you for any loss suffered by you in  any way as a result of any infringement.

11.5               By signing a Schedule, you thereby represent and warrant that you have obtained from the  manufacturer or supplier of the Goods all representations, warranties and guarantees you  require in relation to the Goods (save as to title) including but not limited to their quality, fitness  for purpose and description.

11.6               we and any network operator are not liable for any loss of income, business or profits, or for any  loss or corruption of data in connection with the use of Services. We and any network operator  are not liable for any loss or damage that was not reasonably foreseeable when you entered  into the Agreement and/or any Schedule.

11.8               Nothing in this Agreement shall exclude or limit our liability in relation to fraudulent  misrepresentation or any death or personal injury arising from our negligence or the negligence  of our employees.

11.9               Without prejudice to the foregoing provisions you agree that any remedy you may have should  we breach any of our obligations under this Agreement or any Schedule, or should the Goods  be defective, will be limited to damages in a direct personal action against us and shall neither  entitle you to terminate this Agreement or any Schedule nor to avoid your continuing obligation  to pay any sums due to any Assignee of our rights under this Agreement and/or any Schedule.  In the event that we assign our rights under this Agreement and/or any Schedule, the Assignee  shall not be responsible for any liability, claim, loss or damage suffered or incurred by you in  relation to any defect or deficiency in the Goods. You agree that any enforcement or your rights  in relation to such liabilities, claims, losses or damage: 

(i)                   may only be made by direct personal action against us or the manufacturer or supplier of the Goods (and not the Assignee); and 

(ii)                  may not be made by way of set-off or counterclaim in relation to any sums which have been assigned to the Assignee.

12.                 Indemnities

12.1               You shall indemnify us and keep us indemnified on demand against all losses, charges,  damages, legal expenses (on a full indemnity basis), proceedings, judgements and liabilities  directly or indirectly incurred by us:

(i)                   by reason of any failure or alleged failure by you to comply with any of your obligations under this Agreement and/or any Schedule;

(ii)                  by reason of any loss, injury or damage suffered by any person in connection with the design,  manufacture, testing, delivery, possession, hiring, transportation, maintenance, ownership,  condition, insurance, use, operation, removal, return, sale or disposal of the Goods or any defect  of the Goods;

(iii)                 in respect of all loss or damage to the Goods (insofar as the we shall not be reimbursed for the  same out of any proceeds of insurance in respect of the Goods) occurring at any time before the  Goods are redelivered to or recovered by us regardless of the cause of the loss or damage; and

(iv)                 n respect of the affixation or removal of the Goods to or from the land or buildings at which they are located.

                       THE SERVICES AND USE OF THE SERVICES

13.                 Provision of the Services

13.1               We will provide you with the Services on the terms set out in this Agreement and the relevant  Schedule.

13.2               The Services will be provided within our network area in the UK and by roaming on to other  networks.

13.3               You agree that we, any network provider and our hardware suppliers can process your  organisation’s information, which we collect or which you submit to us during any sales or  registration process, for a number of purposes, including to open and manage an account for  the 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 as set out in our ‘Privacy Notice’.

13.4               The provision of the Services will commence from the Connection Date(s) of each SIM Card. 

14.                 Phone number and SIM

14.1               The SIM Cards shall remain our property and, at all times throughout the Period, you shall be  entitled to use the SIM Cards (including any Software they contain) provided for use with the  Services only.

 

14.2               You warrant that the SIM Cards are to only be used by End Users with your authorisation  and you will inform us as soon as is reasonably practicable after you become aware that a  SIM Card is lost, stolen or damaged. Subject to clause 12, you shall be liable for any loss  or damage suffered by you as a result of unauthorised use of the SIM Cards (including due  to loss or theft), up to the time that you have notified us that such SIM Card is being used  without your authorisation. Following such notification the SIM card will be barred for all. You  will be liable for all costs until such time you request the bar to be placed. You must continue  to pay the Hire Charges to us in accordance with clause 3.1 during any period that the SIM  Card is barred, lost stolen or damaged. 

14.3                We shall allocate telephone numbers to you which you shall only use to access the  Services.  We may reallocate or change such telephone numbers as a result of changes in  applicable law or instructions from any regulatory authorities, but will exercise all reasonable  endeavours to minimise any disruption to you. We may withdraw telephone numbers that  have been allocated to you as a result of your failure to comply with this Agreement.

14.4               If you decide to Port a mobile telephone number allocated to you by us, we shall, subject  to clause 29, release your mobile telephone numbers for your nominated mobile network  operator to transfer in accordance with OFCOM regulations.

14.5               Each SIM may only be used in the relevant Goods which are enabled for Services and  are authorised by us for Connection to our network. Any attempt to use the SIM in other  equipment may result in serious damage to the equipment and may prevent you from being  able to use it, including the making of emergency Calls. In these instances, we or any  network provider are not responsible for any such damage or usage problems.

15.                 Services and Coverage

15.1               Once you are Connected and Activated, we shall use reasonable endeavours to provide you  with the Services and to ensure the security of your communications at all times. However,  due to the nature of mobile technology, it is impossible to provide a fault-free service and it is  always possible that the quality or coverage may be affected at times.

15.2               We shall use reasonable endeavours to give you access to Overseas Networks; however,  we shall not be responsible for the performance of Overseas Networks or any part of the  network not controlled by us. Overseas Networks may be limited in quality and coverage,  and access and service availability depends on the arrangements with overseas operators.  We will notify you of any terms of access (if any) that you need to comply with to use 

                       Overseas Networks.

15.3               You will be able to upload and send your own content using the Services. You grant us and  any network providers a royalty-free, perpetual and worldwide licence to store, transmit or  otherwise deal with any content you upload on the Services.

15.4               We may:

(i)                   change or withdraw some, or part, of the Services from time to time. This may be because  of changing technologies, obsolescence, new or different product features, changing content  providers or the need to remove, replace or modify content; and

(ii)                  determine or change how Services are presented and delivered to the equipment or are otherwise made available to you.

15.5               Where we provide you with any usage alerts, you accept that these are on a reasonable  endeavors basis and we have no liability should we, for any reason, fail to send or be late in sending or you fail to receive for any reason such usage alert and you agree you will remain  liable for all usage costs incurred whether we alerted you to such usage or not.

15.6               Where you opt in to an international roaming bolt on you accept you are agreeing to opt out  of any automatic barring (including any European regulatory barring) and agree to pay for all  roamed usage outside of any bundle allowance.

15.7               Where you opt to take any automatic top up bundle you accept there will be no limit to the  amount of times the bundle will auto top up and you agree you will be liable for all automatic  top up charges.

16.                 Limitation of Services

16.1               We will always try to make the Services available to you. However, the Services are only  available within our coverage area. Within this, there may be areas where you do not have  access to all the Services or where coverage is otherwise limited or unavailable.

16.2               Where you take the MultiNet Service, should coverage on our Primary Access Network  be unavailable at any time, your SIM Card will automatically pick up Alternative Access  Networks as may be available in your location. Should you be on a call at the time the call  will terminate whilst your SIM Card connects to an Alternative Access Network. Where  coverage on our Primary Access Network becomes available again your SIM Card will  automatically revert to this network, this will not happen whilst you are on a call unless  coverage on the Alternative Access Network becomes unavailable. We do not guarantee you  will always have access to an Alternative Access Network and this is subject to coverage  available in your location at the time. There may be a delay while your SIM Card connects to  either our Primary Access Network or an Alternative Access Network.

17.                 Disruption to Services

17.1               There may be situations when the Services are not continuously available or the quality is  affected and so we cannot guarantee continuous fault-free service. For instance: 

(i)                   when we or any network provider need to perform upgrading, maintenance or other work on the network or Services;

(ii)                  when you move outside our coverage area whilst you are on a Call (in this case Calls may  not be maintained);

(iii)                 when you are in areas otherwise not covered by our network;

(iv)                 during any technical failure of the network;

v)                   when it is necessary to safeguard the security and integrity of the network or to reduce the incidence of fraud;

(iv)                 where Artificially Inflated Traffic has been identified;

(vi)                 due to Emergency Planning Measures; or

(vii)                because of other factors outside our control, such as the features or functionality of your  handset, regulatory requirements, lack of capacity, interruptions to services from other  suppliers, faults in other communication networks, the weather or radio interference caused  by hills, tunnels or other physical obstructions.

17.2               We shall endeavour to keep all such disruptions to a minimum and shall give you notice of  such disruptions where reasonably practicable.

18.                 Suspension of Services

18.1               We may Suspend any or all of the Services you use immediately and without notice,  compensation or liability to you if:

(i)                   we reasonably believe you have provided us with false or misleading details about yourself;

(ii)                  we advise you that your excessive use of Services (as may be defined within these  Conditions or within fair usage policies as may be published from time to time) is causing problems for other users, and you are continuing to use the Services excessively; (iii) we believe the Goods and/or the SIM Card has been lost or stolen;

(iv)                 we reasonably believe that you have used the Services, the SIM Card or a phone number for  illegal or improper purposes or to make Nuisance Calls in contravention of our responsible use  requirements within these Conditions;

(vi)                 we receive a serious complaint against you which we believe to be genuine (for example, if we  receive a complaint that you are using Services in any of the ways prohibited);

(vii)                we are required to Suspend your Services by the emergency services or other government authorities;

(viii)               we reasonably believe you are using the Service for a voice over internet protocol service or similar service that is not authorized by us;

(ix)                 where a SIM Card has been inactive for two consecutive quarters;

(x)                  we reasonably suspect you are using a GSM   Gateway;

(xi)                 your usage is adversely affecting the operation of the mobile network or provision of the mobile services; or

(xii)                your usage is or may adversely affect the operation of the mobile network or any third party  network or provision of the mobile services or the provision of services by us to any other  person; or

(xiii)               we suspect fraudulent, criminal or illegal activities are being carried out, or are likely to be carried out.

18.2               If we Suspend any or all of your Services, you will still be able to make emergency Calls (unless  they have been Suspended at the request of the emergency services).

18.3               If your Services are Suspended, we may agree to re- Connect you if you ask us to do so and  there may be a re Connection Charge for this.

18.5               Should you take a SIM-only Tariff from us to use with your existing handsets then the unlocking  of the handsets will be your responsibility and you agree that we shall not be liable for any direct  or indirect costs as a result of you unlocking your handsets to use with our SIM Cards.

18.6               All replacement Goods shall be subject to stock availability and we reserve the right to supply  replacement Goods of a similar specification where necessary.

18.7               If you will be using your existing BlackBerry Enterprise Server (BES) or BlackBerry Enterprise  Express Server (BESX), it should be noted that we will not support this in any way.

19.                 Call Charges 

19.1               You have chosen the Bundle and Tariff, in relation to the Goods, set out in the front of this  Agreement or relevant Schedule. 

19.2                You will be charged at our standard pricing policy rate, which will be notified to you, for any Calls  that you make that are not included in the Bundle.

19.3               The Bundle provides you with a specified monthly Call usage allowance. If you exceed the  specified monthly Call usage allowance in any month, you will be charged for each Call that  you make in that month, that is in excess of the specified monthly Call usage allowance, at our  standard pricing policy rate.

19.4               The Payments are payable even if you make less Calls than the specified monthly usage  allowance. 

19.5               All Bundles, metered and unmetered Tariffs are subject to our fair use policy which will be as  detailed in our Tariff documentation (a copy of which will be provided to you with this Agreement  and the relevant Schedule).

19.6               Unless otherwise specified in the Tariff, bolt ons must be added at the point of Connection and  shall apply for the duration of the Schedule and cannot be removed mid-term. Bolt ons removed  mid-term will be liable for early termination charges to be notified to you.

19.7               Charges for international roaming services shall be made available to you after such charges  have been received by us. Due to the nature of roamed usage they may be invoiced to you  several months in arrears and there shall be no time restriction on the invoicing of such usage  and standard payment terms shall apply to these charges.

19.8               We will invoice you for any charges under clause 19.2 and/or 19.3 on a monthly basis. 

20.                Software Licence

20.1               The Goods and Services provided under this Agreement may contain or use Software that is  not owned by us. Any Software that is contained in or used by the Goods or Services that is  not owned by us shall be governed by the terms of the relevant Software licence provided with  the relevant Goods or Services. In instances where the Software is owned by us, we grant you  a non-exclusive, royalty-free licence to use any such Software for the duration of the relevant  Schedule.

20.2               Your licence shall be a single user licence. You may make one copy of the Software for back up  purposes. If you do not accept the terms of the relevant Software licence, you shall be prohibited  from using the relevant feature of the Service to which the Software relates and we shall not  be bound to deliver the relevant Service. You shall be responsible for any Software upgrades  (including charges) specified by the licensor or us.

21.                 Services – Areas where we have no responsibility

21.1               We will try to ensure the accuracy, quality and timely delivery of the Services. However:

(i)                   we and any network operator accept no responsibility for any use of, or reliance on, Services or  their content, or for any disruptions to, or any failures or delays in,  Services. This  includes, without limitation, any alert Services or virus detection Services; and

(ii)                  subject to these Conditions, we and any network operator do not make any representations as  to the accuracy, comprehensiveness, completeness, quality,   currency, error-free nature,  compatibility, security or fitness for purpose of Services or their content which are provided to  you on an ‘as is’ basis.

21.2                We and any network operator will not be liable:

(i)                    for any loss you may incur as a result of someone using your PINs or passwords, with, or  without, your knowledge; or

(ii)                  if we or they cannot carry out our duties, or provide the Services, because of something beyond our control, or

(iii)                 for any direct or indirect costs or losses as a result of errors in programming where you use  our Fixed Dialling  Number SIM functionality; or where during a port to another provider the  other provider fails to take over your Connections for any reason.

21.3               This clause 21 will apply even after this Agreement and/or any Schedule has ended.

22.                 Others’ content and services – Areas where we have no responsibility

22.1               You may be able to use Services:

(i)                   to upload, email or transmit third party content; and

(ii)                  to access content which is branded or provided by others and to acquire goods and services  from others.

                       Where we provide you with such access, all we do is transmit the content to you and we do  not prepare or exercise control over the content, goods or services. We and any network  operator are not responsible or liable in any way for, and do not endorse, any of this content,  goods or services.

22.2               This clause 22 will apply even after this Agreement and/or any Schedule has ended.

YOUR OBLIGATIONS

23.                 Use

23.1               During any period of Suspension, you shall continue to pay all Hire Charges due under this  Agreement and/or any Schedules to us in accordance with clause 3.1.

23.2               You may use the Goods and/or Services to access the internet and services not provided  under this Agreement. We accept no responsibility for these services, including where in  accessing such services, you give unauthorised parties access to the Goods.

24.                 Secure your PIN, Passwords and SIM Card

24.1               You must ensure that you keep the SIM Card safe and secure whilst it is in your possession  and you must ensure that you are able to return it to us, if required to do so by us, at any  time.  There will be a charge for any replacement SIM Card, unless the original SIM Card is  defective.

24.2               You must keep all PINs and passwords secure and confidential. 

24.3               You should immediately change your PIN or password if you become aware that someone is  accessing Services on your account without your permission.

25.                 Responsible use of Services

25.1                You must always co-operate with us and follow our reasonable instructions to ensure the  proper use and security of the Services and your account.

25.2               We may publish an acceptable use policy which provides more detail about the rules for use  of certain Services in order to ensure that use of the Services is not excessive, to combat  fraud and where Services we may introduce require certain rules to ensure they can be  enjoyed by our customers. Such a policy may be amended from time to time – for instance,  if we discover that the Services are being used fraudulently or for fraudulent purposes, or  the excessive use of certain Services is causing problems for us or any network provider,  our or their systems or for other users or if we introduce new the Services which may require  certain rules to ensure that such new Services can be enjoyed by our customers, again, we  will let you know if this happens.

26.                 Responsible use of Messaging and Storage Services

26.1                While using Messaging Services, you must not send or upload:

(i)                   anything that is copyright protected, unless you have permission;

(ii)                  unsolicited bulk or commercial communications or other unauthorised communications, or  knowingly send any viruses; or

(iii)                 anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.

26.2               We may put limits on the use of certain Services, such as Messaging Services or Storage  Services. For example, we may limit the size of messages or storage space and we reserve  the right to remove or refuse to send or store content on your behalf.

27.                 Responsible use of Age Restricted Services

27.1               If you are under 18, you are not permitted to access Age Restricted Services (if any). If you  are 18 or over and you access the Age Restricted Services, you must not show or send  content from the Age Restricted Services to anyone under 18.

27.2               You must also ensure that you have deactivated any access to Age Restricted Services if  you let anyone under 18 use the Goods and the Services.

28.                 Responsible use of Services outside the UK

28.1               If you use Services from or in a country outside the UK, your use of the Services may be  subject to laws and regulations that apply in that other country. We are not liable for your  failure to comply with those laws or regulations.

29.                 Termination of the Services

29.1               You can end the provision of the Services during the Minimum Term by giving us at least 30  days’ written notice. Upon the expiry of such notice we shall proceed with a Disconnection  and you shall immediately pay to us: 

(i)                   all arrears of Service Charges;

(ii)                  a sum equal to all the Service Charges which, but for termination of the Services, would have become due and payable during the remainder of the Minimum Term; and

(iii)                 the Cancellation Fee.

29.2               We may terminate the provision of the Services at any time if we: 

(i)                   have the right to Suspend your Services and we believe that the grounds are serious and have not been, or are unlikely to be, rectified; or

(ii)                  believe that your use of our Services is jeopardizing the operation of our or any network provider’s network, or  is of an unacceptable nature.

                       If we terminate the provision of the Services in accordance with clause 29.2 you shall  immediately pay to us the amounts specified in clause 29.1

29.3               We may end the provision of the Services if we no longer have access to networks which  we need to provide Services, or if we are no longer able to provide Services due to factors  beyond our control or because we cease business.

29.4               If the provision of the Services is terminated under clauses 29.1 or 29.2 or is ended under clause 29.3 then:  

(i)                   the hiring of the Goods will continue and you must continue to pay the Hire Charges to us for the remainder of the Minimum Term; 

(ii)                   if a request is received to Port a mobile telephone number to another provider, we will provide  a porting authorisation code (“PAC”) to you in accordance with current regulatory guidelines. If  you Port away from us the hiring of the Goods will continue and you must continue to pay us the  Hire Charges in accordance with clause 3.1. 

29.5               If the provision of the Services is terminated under clauses 29.1 or 29.2, and if you Port a  number away from us, we will charge you an administration fee of £25.00 + VAT per number to  cover the cost of removing your number from our Service.

30.                 Variations to your Agreement or prices

30.1               We may vary any of the terms of this Agreement and/or any Schedule on the following basis:

(i)                   We will make the best endeavors to let you know at least 30 days in advance if we decide to:

(a)                  make any variations to this Agreement and/or any Schedule which are likely to be of detriment to you; or

(b)                  increase the Payments (if applicable) by an amount which is more than the percentage increase in the Retail Prices Index (or any future equivalent) in any twelve month period.

31.                 Our Rights – Intellectual Property

31.1               All rights, including copyright in Services and their content, belong to us any network provider  or our licensed source, such as a content provider. We and they reserve all our and their rights.  By supplying you with Services, SIM Card, Software and Goods, we are not transferring or  assigning ownership of any intellectual property rights in or relating to them to you.

31.2               Where we create intellectual property rights during or as a result of the supply by us of Services,  Software and Goods to you, we shall own all such intellectual property rights.

31.3               You must not do anything to jeopardise our or our licensors’ intellectual property rights.

32.                 General

32.1                We shall be entitled to assign or transfer all or any of our rights under this Agreement and/or  any Schedule without your consent.  You shall not be entitled to assign, transfer, hold on trust or otherwise dispose of any of your rights and/or obligations under this Agreement and/or any  Schedule.

32.2               Where you comprise of more than one person, each person shall be jointly and severally liable  under this Agreement and/or any Schedule.

32.3               Any delay or failure by us to exercise any right or remedy shall not constitute a waiver of it  or them and any of our rights or remedies may be enforced separately or concurrently with  any other right or remedy now or in the future accruing to us to the effect that such rights are  cumulative and not exclusive of each other.

32.4                If any term or provision of this Agreement and/or any Schedule shall to any extent be held to be  invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms or  provisions (and any other application of the said terms and provisions) shall not in any way be  affected or impaired as a result.

32.5               This Agreement and the Schedules contains all the terms agreed between the parties except  such variations in writing as shall be agreed in writing between you and us.

32.6               The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and/or any  Schedule and nothing in this Agreement and/or any Schedule confers or purports to confer  on any third party (other than any Assignee) any benefit or right to enforce any term of this  Agreement.  Nothing in this clause 32.6 shall restrict the rights of any Assignee of our rights  under this Agreement and/or any Schedule or our successor.

32.7               This Agreement (and any non-contractual obligations arising out of or in connection with it) shall  be governed by and construed with the laws of England and the parties submit to the exclusive  jurisdiction of the courts of England to settle any disputes (including any non-contractual  disputes) arising out of or in connection with it.

33.                 Definitions

“Activation”                                  means when you call us to Activate your SIM Card (or we Activate it in accordance with  these Conditions) to enable you to access the Service. “Activate” and “Activated” have corresponding  meanings.

“Additional Services”                means additional or supplementary Services for which a Charge is made in  addition to the fixed periodic Charges for the Services (if applicable).

“Age Restricted Services”       means any Services for use only by customers aged 18 or over.

“Agreement”                                means this Master Mobile Services Agreement

“Alternative Access Networks” means UK mobile networks operated on our behalf from time                        to time  by providers other than the Primary Network Access                                      provider.

“Artificial Inflation of Traffic” or “AIT” shall have the meaning given to it in the BT standard  interconnect agreement as amended from time to time and for the avoidance of doubt includes any  situation where Calls other than Calls to geographic number ranges commencing with the digits 01,  02 or 03: (a) are made, generated, stimulated, and/or prolonged for the direct or indirect benefit of any  entity (including a natural person) operating, hosting or otherwise connected with a telecommunication  service as a result of any activity by or on behalf of such entity; and (b) result in a calling pattern which  is disproportionate to the overall amount, duration and/or extent of Calls which would be expected from  a good faith usage or an acceptable and reasonable commercial practice relating to the operation of  telecommunications systems.

“Assignee”                                   has the meaning given in clause 3.5

“Bolt On”                                      means a package for inclusive usage that is added to a Bundle or Tariff. Bolt On usage may  be shared or per user as specified in the Tariff.

“Bundle”                                       means any monthly subscription which includes an inclusive usage allowance (or fair usage  allowance) of predefined usage types.

“Call”                                             means a signal, message or communication which is silent, spoken or visual that we agree to  provide to you under this Agreement.

“Cancellation Fee”                     means the cancellation fee detailed in each Schedule.

“Conditions”                               means the terms and conditions of this Agreement.

“Connection”                               means  the  procedure  by  which  we  give  you  access  to  Services.  ‘Connected’,  ‘Connecting’, and ‘re- Connection’ have corresponding meanings.

“Daily Payment Charge”         means the daily payment for use of the Goods prior to the commencement of the Minimum Term and is calculated at 1.11% of the sum of a Payment (if the Payments are paid quarterly) or 0.274% of the sum of a Payment (if the Payments are paid monthly or annually).

“Delivery Date”                            has the meaning given to it in clause 4.2.

 

“Disconnection”                         means the procedure by which we stop your access to   Services.   ‘Disconnect’, ‘Disconnected’ and ‘Disconnecting’ have corresponding meanings.

“Emergency Planning Measures” means the measures that may be taken as a result of our  or  any  network  provider’s  obligations  under  (i)  the  General  Conditions  under  section  45  of  the  Communications Act 2003 and (ii) the Civil Contingencies Act 2004 or any similar law.

“End User”                                   means a person using Equipment or a Service, who is an employee or contractor  of yours or any other person you give permission to use the Equipment or Service under this  Agreement.

“Fixed Dialling Number (FDN)”  means  a  SIM  Card  that  allows  the  user  to  only  dial  certain  numbers which have previously been added to the FDN list.

“Goods”                                        means any handsets, hardware or accessories that are authorised by us for Connection  to the network which is used to access Services, as specified in the applicable Schedule (including  all replacements, renewals, additions, upgrades, and parts supplied in relation thereto).

“Hire Charge”                              has the meaning given in clause 3.3.

“GSM Gateway”                          means any Equipment containing a SIM Card which enables the routing of Calls  from fixed apparatus to mobile Equipment by establishing a mobile-to-mobile Call or event.

“Messaging Services”              means any email, fax and voicemail Services, text message and multimedia  messaging Services, personal information management and other message or communication  facilities which let you communicate with others.

“Minimum Number of Connections” means the minimum number of active connections you  agree to maintain on your account for the Minimum Term.

“Minimum Term”                        means the minimum period for the hire of the Goods and the provision of the  Services as detailed in a Schedule.

“MultiNet Service”                     means  [ the ability to roam across different network providers.  

“Network Provider”                    means the providers we use to provide the Services.

“Nuisance Calls”                         means an unwanted Call that causes annoyance, inconvenience or anxiety to  the receiver of the Call, and/or is a hoax Call, and/or is of an offensive, spiteful, abusive, indecent,  defamatory, obscene or menacing nature, and/or Calls which cause the called person to experience  silence when the Call is answered in circumstances where the called person has no means of  establishing whether there is a person at the other end of the line.

“Overseas Networks”               means telecommunication systems outside the UK used (but not controlled)  by us in providing the Services.

“Payments”                                  means the payments detailed in each Schedule for the hire of the Goods and the  provision of the Services comprising of the Service Charge and the Hire Charge.

“Period”                                        has the meaning given in clause 2.1

“Port”                                             means the transfer of a mobile number under this Agreement to or from a different network  provided by another supplier.

“Primary Access Network”      means the 3G and 4G radio access network of our choice operated on  our behalf by the Primary Access Network provider but excluding any 2G network.

“Quarter Date”                             means the 1st of January, 1st of April, 1st of July and 1st of October of each calendar year.

“Schedule”                                   means a schedule to this Agreement signed by us and you which incorporates the  terms of this Agreement.

“Service” or “Services”            means all or part of the services provided under this Agreement and any  related services that we agree to provide to you under this Agreement.

“Service Charge”                       has the meaning given in clause 3.2.

“Service Default”                        has the meaning given in clause 3.2.

“Service Termination”              has the meaning given in clause 3.3.

“SIM" or "SIM Card”                   means a card which enables you to access the Services.

“Software”                                    means  a  machine  executable  computer  program,  software  module  or  software  package or any part thereof supplied by us or the Software licensor to you irrespective of how it is  stored or executed.

“Start Date”                                  has the meaning given to it in overleadf

“Storage Services”                    means  any  Services  which  offer  you  storage  capacity  on  the  network  for  storage of content which you access from us.

“Suspension”                              means  the  procedure  by  which  we  temporarily  Disconnect  your  access  to  the  Services. ‘Suspend’ has a corresponding meaning.

“Tariff”                                           means our tariff or bundle or hardware price list referred to in the Agreement, product order  form, connection schedule, proposal or other document and as amended from time to time.

“we” and “us”                              means Communicate Better Ltd, whose main place of business is Brighton House,  Trident Business Park, Daten Avenue, Birchwood, Warrington, WA3.

“you”                                              means the customer we make this Agreement with. 

                                                         Important Use of Information

DATA PROTECTION NOTICE  

                       Communicate Better Limited (“we”, “us”, “our”)

                       is committed to processing your  personal data in accordance with EU data protection laws. This Data Protection Notice  aims to give you information on how your personal data (i.e., information which directly or  indirectly identifies you) are processed by us.  For the purposes of EU data protection laws,  we are a data controller.  

                       This notice is supplemental to the data protection processing notice provided before your  proposal for finance was submitted. Some aspects of the processing set out in this notice  were covered by that earlier notice, but others are only relevant now that your application for  finance has been approved in principle and we intend to enter into an agreement with you.  Further details of how we will manage your data can be found at www.communicatebetter.co.uk/privacy

                       Data That May Be Collected                

                       We may collect certain personal data with respect to you  as a customer, including, without limitation your name, address, date of birth, contact details,  credit reference data, financial and employment details, banking and credit card details, and  details of your business. We collect some of this data from third parties, for example credit  reference agencies. 

                       Where a corporate entity is entering into this contract we will collect personal data about  the individuals who are directors and shareholders of the business from credit reference  agencies where this data is held publicly, such as at Companies House.  This notice also  applies to the processing of such personal data and use of the word ‘you’ in this notice will  encompass such individuals.

                       We may process sensitive personal data (including, for example, information revealing an  individual’s physical or mental health). Where sensitive personal data are processed we will  obtain your explicit consent for the processing.

                       Use of Personal Data

                       We will use your personal data for: provision of products and  services, credit and AML risk assessment, assessing ongoing credit performance,   recoveries, collections, insurance administration, profiling for marketing purposes, market  research and product development, statistical analysis, marketing, fraud prevention and  detection and otherwise as necessary to comply with applicable laws, regulations and/or  codes of practice. The processing of personal data may be necessary for the performance of  a contractual relationship, compliance with a legal obligation, or where it is in our legitimate  interests, or those of a company within any group of companies either now or in the future of  which we are a member. 

                       Disclosure to Certain Third Parties

                       We may disclose certain personal data: (i) within any  group of companies either now or in the future of which we are a member and to other affiliates  in that group; (ii) to our suppliers, professional advisors and service providers (including,  information technology systems providers and recovery agents); (iii) to courts, governmental  and non-governmental regulators and ombudsmen; (iv) to fraud prevention agencies and law  enforcement agencies; (v) to any third party that acquires, or is interested in acquiring, all or part  of our assets or shares, or that succeeds us in carrying on all or a part of our business, whether  by merger, acquisition, reorganization or otherwise; and (vi) as otherwise required or permitted  by law.

                       We may also pass your Personal Data on to other companies within any group of companies  either now or in the future of which we are a member and/or any relevant third party and both  we and/or they may use it for any purpose linked to any sale of and/or granting of security over  the agreement we have with you. In such circumstances, such third parties may also use and/or  disclose your Personal Data to any third party that they ask to assist them with the preparation  for and/or completion of any such sale and/or granting of security; they may also, once such  sale and/or granting of security is completed, use and/or disclose your Personal Data to third  parties for any of the other purposes which we have outlined in this notice in the same way as if  they had entered into the agreement with you instead of us. 

                       The personal information we have collected will be shared with fraud prevention agencies who  will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected  you could be refused certain services, finance or employment. Further details of how your  information will be used by us and these fraud prevention agencies, and your data protection  rights can be found on our website at  www.communicatebetter.co.uk

                       In order to process your application, we will perform credit and identity checks on you with one  or more credit reference agencies (“CRAs”). To do this, we will supply your personal information  to CRAs and they will give us information about you, even if your application does not proceed  or is unsuccessful. This will include information from your credit application and about your  financial situation and financial history. CRAs will supply to us both public (including the electoral  register) and shared credit, financial situation and financial history information and fraud  prevention information. 

                       We will use this information to:

•                     Assess your creditworthiness;

•                     Verify the accuracy of the data you have provided to us;

•                     Prevent criminal activity, fraud and money laundering;

•                     Manage your account(s);

•                     Trace and recover debts; and

•                     Ensure any offers provided to you are appropriate to your circumstances.

                       We will continue to exchange information about you with CRAs while you have a relationship  with us. We will also inform the CRAs about your settled accounts. If you borrow and do not  repay in full and on time, CRAs will record the outstanding debt. This information may be  supplied to other organisations by CRAs. When CRAs receive a search from us they will place a  search footprint on your credit file that may be seen by other lenders. 

                       If you are making a joint application, or tell us that you have a spouse or financial associate,  we will link your records together, so you should make sure you discuss this with them, and  share with them this information, before lodging the application. CRAs will also link your records  together and these links will remain on your and their files until such time as you or your partner  successfully files for a disassociation with the CRAs to break that link.

                       The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the  ways in which they use and share personal information, data retention periods and your data  protection rights with the CRAs are explained in more detail at each of the three CRAs websites  – any of these three links will take you to the same CRAIN document:

                       Callcredit www.callcredit.co.uk/crain; 

                       Equifax www.equifax.co.uk/crain; 

                       Experian www.experian.co.uk/crain.

                       Transfer of Personal Data Outside the European Economic Area (“EEA”).     

                       We may transfer your personal data to recipients located in countries outside of the EEA  which may  not have data privacy laws equivalent to those in the EEA.  In those instances, we will take all  necessary steps to protect your personal data in accordance with applicable data privacy laws. 

                       Your rights

                       Under applicable EU data privacy laws, you may have a right to: (i) request access  to and rectification or erasure of your personal data; (ii) obtain restriction of processing or to  object to processing of your personal data; and (iii) data portability (i.e. to request the transfer  of personal data from one data controller to another in certain circumstances).  If you wish to  exercise any of these rights you should contact the Data Privacy Officer as described below.   You also have the right to lodge a complaint about the processing of your personal data with  your local data protection authority.  

                       We rely on automated credit assessment based on the personal data you provide to us and data  which we obtain from our credit reference agency or similar sources about your credit profile  or history. The outcome of this process can result in an automated decline of your application  where it does not meet our acceptance criteria. We review this acceptance criteria regularly  to ensure fairness in the decisions made. You have a right to ask us to manually review any  decision taken in this manner. 

                       In addition we may use automated profiling to identify whether other products or services may  be of use to you when we consider marketing campaigns. You have a right to object to this  automated profiling. This is separate to the right you have to object to receive marketing. 

                       Security

                       We will take steps to protect your personal data against loss or theft, as well as from  unauthorized access, disclosure, copying, use or modification, regardless of the format in which  it is held.

                       Retention

                       We will normally retain your personal data for a period of six years plus current   year from the contract start date. Under certain circumstances this period may vary if we  consider it necessary for good operational or commercial reasons, or in order to meet other legal  obligations.

                       Enquiries

                       Requests of Concerns. All enquiries, requests or concerns regarding this Notice or  relating to the processing of Personal Data, should be sent to the Data Privacy Officer using the  following contact details, email: privacy@communicatebetter.co.uk