Terms and Conditions

“Airtime Contract” means a contract entered into between you and your Network Operator relating to the provision of the Services;”Equipment” means equipment including, without limitation, your Mobile Phone, Smart Phone (including any Handset Upgrade) and accessories, datacard, USB modem and other GSM/UMTS equipment;”GSM Gateway” means any equipment containing a SIM Card which enables the routing of incoming fixed to mobile calls or cross network calls, in such a way as to establish an on-network call on the Network; “Handset Upgrade” means the issue of a new handset to you to use in conjunction with your Airtime Contract for the Minimum Period;”Minimum Period” means the minimum period of 12, 18 or 24 months or any other period agreed between us (as the case may be) for the provision of the Services under your Airtime Contract beginning the day your Equipment is connected to the Network or, in the case of a Handset Upgrade, the day the Handset Upgrade becomes effective;”Mobile Phone” means a cellular telephone or other device which incorporates a SIM Card used by you to receive the Services and any accessories included in the price of your phone provided to you by us;”Network” means the mobile telecommunication system run by your Network Operator;

“Network Operator” means a Network provider nominated by us to you into which you have entered any Airtime Contract;”Services” means services including airtime services enabling you to make or receive calls and to send and receive data by means of the Network; and”Smart Phone” means PDA, MDA, XDA, Blackberry, iPhone and similar devices and any accessories included in the price of your device provided to you by us. All orders for Equipment from a buyer (“you”) accepted by Roda Telecom Limited (“we/our/us”) are subject exclusively and strictly to the following conditions and no alterations proposed by you shall be binding unless we agree in writing:

1. Orders and Specifications

1.1. We shall not be deemed to have accepted your order for Equipment unless it has been confirmed by one of our authorised representatives.

1.2. You shall be responsible for ensuring the Equipment you purchase is of the correct specification for its intended use and location.

1.3. From time to time we may have to make changes in the specification of the Equipment:

1.3.1. to make it conform with any applicable safety or other statutory requirements; or

1.3.2. to make it reflect changes in the manufacturer’s specification.

1.4. We may also have to make other necessary changes in the specification of the Equipment from time to time, but these will not materially reduce the quality or performance of the Equipment.

2. Price of Equipment

2.1. The price of the Equipment shall be our quoted price (which we can change in the case of an error) agreed at the date we accept your order. For the avoidance of doubt, the date that we accept your order shall be the date that the Equipment is ordered from our suppliers.

2.2. The cost of fitting, or setting up the Equipment is only included in the price if we have stated that this is the case.

2.3. If we deliver the Equipment to you, you may incur an additional charge.

3. Terms of Payment

3.1. Subject to any special terms agreed in writing between you and us, we shall be entitled to invoice you and you shall pay for the price of the Equipment either upon collection/delivery or within 30 days if credit is agreed.

3.2. If you fail to make any payment on the date it is due then, without prejudice to any other right or remedy we may have, we can:

3.2.1. cancel this agreement between you and us; or

3.2.2. suspend any further deliveries to you; and/or

3.2.3. charge you interest (both before and after any judgement) on the amount unpaid, at the rate of 2% above the Bank of England base lending rate as published from time to time. Interest is charged on a per annum basis, calculated daily.

3.3. Payment on time is of the essence. That is to say that if you do not pay on time, we can terminate the arrangement between you and us. If we do that, we will either not provide you with the Equipment, or if we have already done so, you will give it back to us, failing which we shall be entitled to take it back.

4. Risk and Property

4.1. Once the Equipment has been delivered to you, and/or otherwise received by you, all risk of damage to, or loss of, the Equipment shall pass to you.

4.2. Irrespective of delivery and the passing of risk in the Equipment, or any other provision of these conditions, the ownership of the Equipment shall not pass to you until we have received payment in full for the price of the Equipment and all other Equipment agreed to be sold by us to you for which payment is then due.

4.3. Until such time as the ownership of the Equipment passes to you, you shall hold it on our behalf and keep it safe and identified as our property.

4.4. Until such time as the ownership of the Equipment passes to you, we shall (subject to Clause 4.5) be entitled to ask you to return the Equipment to us.

4.5. We agree that we will not exercise our right under Clause 4.4 where you have entered into an Airtime Contract, and are duly performing your obligations as to payment under it and have paid all outstanding monies referred to at Clause 3.

5. Warranties and Replacements

5.1. Subject to the clauses set out below, the Equipment, where new, is sold with the benefit of and subject to the terms applicable to such warranty or guarantee as is given by the manufacturer of the Equipment.

5.2. No liability is accepted for:

5.2.1. any defect resulting from fair wear and tear;

5.2.2. rain, water or other liquid damage;

5.2.3. accidental or wilful damage;

5.2.4. negligence;

5.2.5. abnormal working conditions;

5.2.6. failure to follow the manufacturer’s instructions (whether oral or in writing); or

5.2.7. misuse or alteration or repair of the Equipment without the manufacturer’s approval.

5.3. There shall be no liability under any such warranty or guarantee if the total price for the Equipment has not been paid by the due date for payment.

5.4. Other than as expressly provided in these Terms & Conditions, and except where the Equipment is sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999), we exclude all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to the Equipment, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose.

5.5. Other than as set out above, we shall be under no other obligation to exchange, repair or replace the Equipment or provide any refunds. You accept that you are solely responsible for backing up any important data stored on the equipment prior to the commencement of any repairs and you hereby acknowledge that any such data (together with any ring tone or logo) may be lost during the repair and will be lost if the Equipment is exchanged. We are not liable for this and it is therefore your responsibility to back up any such data stored on your Equipment.

5.6. We recommend that you insure your Mobile Phone/Smart Phone for its replacement value (including cover against calls made if it is lost or stolen).

5.7. You must not use or operate a GSM Gateway.

5.8. The provisions of this Clause 5 do not affect your statutory rights.

6. Exchange

We will only exchange equipment that is deemed to be faulty by our suppliers and is within 30 days of purchase.

7. Liability

7.1. We do not exclude or limit liability if you are injured or die as a result of our negligence or for fraud or fraudulent misrepresentation. Nothing in this Clause 7 shall exclude or restrict our liability in respect of any liability which we cannot exclude or restrict by law.

7.2. Other than for death or personal injury or for fraud or fraudulent misrepresentation, any liability we have of any sort (including any liability because of our negligence) is limited to the amount paid by you to us for the Equipment.

7.3. Other than for death or personal injury, we shall not be liable to you under, or in connection with these Terms and Conditions whether or not as a result of our negligence in contract, tort, pre-contract or other representations or otherwise for any indirect or consequential loss, loss of business, revenue, profits, savings you expected to make, contracts, expenses, or for any other purely financial loss.

7.4. Other than for death or personal injury we have no liability under this Agreement unless we agree otherwise, for any data being lost, or harmed unless as a result of our negligence.

7.5. Each provision of this Clause 7 excluding or limiting liability operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply and they continue to apply notwithstanding the expiry or termination of our agreement.

8. Default Under and Termination of your Airtime Contract

8.1. If you move onto a tariff which offers a lower rate monthly subscription during the Minimum Period, (iii) your Network Operator ends the Airtime Contract in accordance with its terms (including not limited to where you have failed to fulfil your payment obligations during the Minimum Period), (iv) you end the Airtime Contract for any reason within 9 months (if your Minimum Period is 12 months or more) or within your Minimum Period (if your Minimum Period is less than 12 months) or (v) you have been issued with a new Mobile Phone to use in conjunction with your Airtime Contract for a new Minimum Period and you have not used the new Mobile Phone within 30 days of receipt, and the relevant tariff includes a discounted Mobile Phone/Smart Phone, you must in addition to paying any other charges under the Airtime Contract either:

8.1.1. return the Mobile Phone/Smart Phone to us, provided you pay the difference between the new and used price of each device which will be determined by it’s age and condition; or

8.1.2. keep the Mobile Phone/Smart Phone, in which case you agree to pay us the amount of the discount being the handset only purchase price of the Mobile Phone/Smart Phone less the amount paid by you at the time of purchase for the Mobile Phone/Smart Phone.

9. Refund Policy

9.1. In certain situations, we may be prepared to give you a refund in respect of Equipment with which you are not satisfied provided it is agreed by our suppliers.

9.2. We reserve the right to amend our Returns and Exchange Policy from time to time at our sole discretion.

10. Your Personal Data

10.1 We respect your personal information and undertake to comply with applicable Data Protection legislation in place from time to time.

10.2 We may hold information that you provide to us (such as on an application or registration form) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). This information (“Your Information”) may include your name, address, date of birth, gender, telephone numbers, email address, bank and credit/debit card information, occupation and employment data. 10.3. carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or

10.3.1 carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.

10.4 You agree to the disclosure by us of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency:

10.4.1 any information relating to your contract with us including details of how you conduct your account and your obligations to us and your personal financial information;

10.4.2 any information which is covered by our registration under the Data Protection Act 1998 as amended from time to time; and

10.4.3 any information which we are required by an order of any court of competent jurisdiction or by statutory authority to disclose.

10.5 It may also be necessary for us to carry out anti-fraud and identity checks on you to help decide whether to accept your application or future applications, to verify your identity and to protect our legitimate interests. Any information obtained in such checks will be passed to credit reference agencies and may be used by third parties to assessing applications for credit from you and other members of your household and for debt tracing, crime and fraud detection and prevention and credit management purposes. You further agree that we may use Your Information for operating a publicly accessible directory service.

10.6 A comprehensive description of how we use personal information is publicly available from the Information Commissioner – please see www.dataprotection.gov.uk.

10.7 Subject to your rights of objection set out in this clause, and your right of objection in the registration process, you agree that you consent to us, contacting you for any of the above purposes whether by telephone, email, SMS or in writing and you confirm that you do not consider any of the above as being a breach of any of your rights under The Privacy and Electronic Communications (EC Directive) Regulations 2003.

10.8 You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your user information or information concerning your activities whilst using the Service we shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms.

11. General

11. If you or we break this Agreement and the other chooses to overlook it, this will not prevent the other from taking further action if you or we break this Agreement again.

11.1. If either of us cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, terrorism, war, military operations, national or local emergency, civil disorder, industrial disputes (whether or not involving our employees), acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities, such party will not be liable for this.

11.2. If you are a consumer customer (as defined in the Consumer Protection (Distance Selling) Regulations 2000) who has purchased the Equipment via distance means such as via the online shop or over the telephone, you may cancel this Agreement at any time up to 14 days from the day after the later of entering this Agreement, receiving this Agreement or receiving the Equipment provided you give us notice in writing of such cancellation within the Period. We recommend you enclose your Equipment (including the SIM card (unless it is a Handset Upgrade) and any accessories included in the price of your Equipment) undamaged with your notice of cancellation, with proof of purchase and the original packaging. If you do not enclose this with your notice of cancellation, you must return it to us within 7 days of notice of cancellation undamaged, with proof of purchase by sending it to the address set out in clause 8.1.1 at your cost. Please enclose the original packaging. It is your responsibility to ensure that the Equipment is received by us and we recommend using special delivery. If you do not return the Equipment and any accessories undamaged, we may charge you the costs we incur in collecting it from you (which may be substantial) or the value of the missing or damaged items (i.e. the full retail price or the handset-only retail price in the case of the Mobile Phone/Smart Phone). You must make the Equipment available for collection on our request. Any sums paid by you in respect of the Equipment (less our costs if we have to collect the Equipment from you) will be reimbursed within 30 days. Please note that even though you may be able to cancel this Agreement pursuant to this Clause, you may not be permitted to cancel your Airtime Contract under the terms thereof. Please refer to the terms of your Airtime Contract for further information. This Clause 11.4 does not apply to a customer who purchases the Equipment for business purposes. This clause 11.4 does not affect your statutory rights.

11.5. If you had requested to keep your existing mobile number and you then cancel your agreement with us, you must contact your previous airtime provider before you cancel your agreement with us and request a new Port Authority Code if you wish to keep this mobile number. If you do not contact them or if you do not have another active SIM card to transfer this mobile number to, you may lose your mobile number forever.

11.6. Please note, you will be deemed to have received the Equipment and these Terms and Conditions of Sale when we have tried to deliver them to you even if you were not there to collect them.

11.8. Third parties cannot benefit from this Agreement under The Contracts (Rights of Third Parties) Act 1999.

11.9. This agreement is subject to the law of the relevant part of the United Kingdom and the English Courts have exclusive jurisdiction.

11.10. Each of the Clauses of these Terms and Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.

11.11. Calls to our telephone numbers will be charged at standard rates and may be monitored or recorded.

11.12. You may address any complaints in writing to: Roda Telecom Ltd, Room 11, Sheffield Business Centre, Europa Link, Sheffield, S9 1XZ. Please include your Mobile Phone and account number in any correspondence.

12. Cash BackCash back is an alternative to providing Equipment at point of connection, upgrade or re-sign to a Network. Cash Back amounts will be agreed before connection and payment to you will depend on the following:

12.1 Consumer payment will be a cheque sent from Roda Telecom Limited 30 days from the date of connection, upgrade or re-sign to a Network providing we have received all the agreed commission from that Network.

12.2 For Businesses we require an invoice (including VAT if registered) to Roda Telecom Limited. This will be paid 30 days from the date of connection, upgrade or re-sign to a Network providing we have received all the agreed commission from that Network.

12.3 Alternatively for Businesses, we will hold the agreed amount as a hardware (Equipment) credit account until such time as it is re-paid in full. Each time Equipment is supplied from the credit account, the price of the Equipment must be agreed and an up-to-date statement will be provided by us.

12.4 All cash back offers are subject to our ‘Terms of Payment’ in section 3 above and the ‘Terms and Conditions’ of the relevant Networks. Roda Telecom Limited reserves the right to adjust cash back amounts accordingly.

You can either make a complaint in writing to: Roda, Sheffield Business Centre, Europa Link, Sheffield, S9 1XZ. Please include your name, address, and contact number. Or you can send an email to info@roda.co.uk or call us on 0114 2352355 If your complaint is regarding the network we have connected you to, or equipment provided by the network, then your complaint will be with that network and subject to their ‘complaints procedure’. We will endeavour to assist with network complaints in any way we can.

If you’re not happy with the way we’re handling your complaint, please contact us and let us know why you’re not happy. We will assess your complaint and do all we can to resolve the matter for you.

Consumers can get free advice from your local citizen’s advice bureau (CAB), consumer advice centre, local-authority trading standards or consumer protection department. You’ll find their contact details in the local telephone directory or ask at your town hall or local-authority offices.