1. YOUR AGREEMENT
1.1 Your agreement with Audacious Mobile Limited, registered at Northampton University Innovation Centre, Green Street, Northampton NN1 1SY, is provided in these terms and conditions for the mobile services we provide you (Services), the Pricing Guide available on our website at https://www.audacious.co.uk/help
1.2 If we accept your application or you use any of the Services, you will be deemed to have accepted the terms of this agreement as set out in paragraph 1.1 above. We will connect you to the network as soon as possible, so you can access the Services.
2. OUR SERVICES
2.1 We will aim to provide you with a continuous service and with the quality expected from a competent provider using reasonable care and skill, but we cannot guarantee that the Services will be fault-free or available continuously or everywhere in the UK. Please check our coverage checker at www.audacious.co.uk/coverage-checker.
There may be factors outside of our control that impact availability or quality, including environmental factors such as weather or type of building, the number of people using the network and faults or maintenance or repair work in the network(s) we use to provide the Services. Please contact us if you experience a Service issue and we’ll try to fix it.
2.2 We will provide you with a SIM and a number. We own the SIM and number at all times and you must return either if we request, for example, the number if required by a regulatory body. You must call us immediately if your SIM is lost, stolen or damaged. We do not have to refund you for any Services you have paid for in advance. You will remain responsible for all Charges incurred as a result of unauthorised use of your SIM until you notify us and we can suspend your Services. We may charge you for a replacement SIM.
2.3 Devices which you bring to the network used by us to provide the Services maybe locked to another network. If you request, we may be able to help arrange for your device to be unlocked in a lawful manner where we are able to. We are not responsible if data is lost or the device damaged during the unlocking process and you should back-up or store separately such data.
2.4 You are responsible for other people who use your Services complying with this agreement.
2.5 If you use the Services in the European Economic Area we will provide Services in line with applicable legislation and any Fair Use Policy published on our website. Please check our Help & Support FAQs on our website for further information.
3. YOUR BUNDLE ALLOWANCE
3.1 A bundle lasts for a period of one calendar month. After we’ve set your monthly renewal date, your bundle will end at 23.59 on the day preceding the same date in the next month. Your next bundle will automatically start on the following day. For example, if your monthly renewal date is 11 January it will run to 23.59 on 10 February and your next bundle will start on 11 February.
3.2 Each time you use your Services your bundle allowance will be reduced according to the duration and type of call or message or the amount of data used. Out-of-bundle Charges apply where you have used up your bundle allowance and continue to use voice and text Services. However if you use all your data allowance you will no longer be able to use data unless an Add-on is purchased or until your next monthly bundle allowance resets. If you have any remaining bundle allowance at the end of a monthly period it will expire and will not be rolled-over into the next month.
3.3 Our Pricing Guide sets out all current Charges [and details of the calls and other traffic types included within the bundle allowance.
3.4 If we need to terminate or change your bundle allowance, your monthly charge applicable to your bundle allowance (Monthly Charge) or any bundle terms to your disadvantage we will give you notice and the terms of clause 7 (Amending our Relationship) shall apply.
3.5 You may be able to purchase any Add-on bundles that we offer from time-to-time.
4. OUR BILLS
4.1 Each month you will be charged the Monthly Charge for the following month. When you purchase our SIM card your Monthly Charge for the remaining balance of the first month and for the first full month after that will be payable by credit or debit card.
4.2 At the time you purchase a bundle we will also set up a Direct Debit. All out-of-bundle Charges plus the Monthly Charge for the second full month onwards will be payable by Direct Debit.
4.3 You may also register a credit or debit card with us to make top up payments.
4.4 Our first bill will be sent to you shortly after you purchase our SIM card, with future bills being sent each subsequent month. We can change the billing period but will notify you in advance if we do. We may issue your bill at an earlier date if we feel that your use of our Services makes it necessary.
4.5 The Charges set out in the Pricing Guide require you to use e-billing. E-bills will be available online by logging on to your My Audacious account at www.audacious.co.uk/my-account. We will notify you by email or text when your monthly e-bill is available online.
4.6 If we offer paper bills and you elect for this option we will add to your Monthly Charge the administration fee set out in the Pricing Guide. Paper bills will be sent to the address you have notified to us.
4.7 You are responsible to pay your Charges in full by Direct Debit within 14 days after the date of your bill, even if incurred by someone else using your Services. If you fail to do so we will attempt to take payment by Direct Debit a second time and charge you an administration fee to recover our costs of doing so. We may also collect the unpaid amount by using any credit card and/or debit card details you have given us. We may also instruct a debt-collection agency to collect your payment from you. We may ultimately suspend your Services and may cancel this agreement: we will let you know before taking these actions.
4.8 We may set a total monthly credit limit on your account and if your usage reaches such limit we may request immediate payment and ultimately suspend your Services if payment is not made.
4.9 We may also be able to offer functionality for you to set a personalised spend limit. If you reach such spend limit you will be restricted from using the Services until payment has been made or the spend limit is changed. We may set an initial spend limit which you can change or remove
4.11 When you purchase our SIM card we or the retailer may carry out credit checks to confirm your identity and assess your application. The credit check will involve assessing the information we hold about you and information held by credit reference or fraud prevention agencies. We or the retailer may also share information about the conduct of your account with such agencies. You agree we and the retailer may act in these ways. If the assessment does not meet our requirements we may refuse your application for us to provide you with Services.
5. ACCEPTABLE USE POLICY
5.1 Our Acceptable Use Policy requires that the Services are provided to you on condition that:
otherwise we will have the right to immediately suspend or terminate your Services.
6. THINGS WE MAY HAVE TO DO
6.1 If for operational or emergency reasons we have to interrupt the Services, for example, due to maintenance of the network we use to provide the Services, or bar certain numbers to prevent fraud, then you accept that we shall be entitled to do so without liability.
6.2 We may also suspend your Services in the situations where we have the right to – and as an alternative or addition to our right to - cancel this agreement.
6.3 We will monitor and record some calls or webchat communications to customer services for training and quality control purposes or operational or compliance reasons. We may also record all calls to the emergency services.
7. AMENDING OUR RELATIONSHIP
7.1 We may need to change our Services or these terms and conditions at any time, for legal or regulatory reasons, due to network or technology changes or for other good technical or commercial reasons, for example, changes to or withdrawal of Services if they become technically impractical or are not fulfilling their economic purpose for us or for you. We may need to change our Charges at any time.
7.2 We will publish such changes on our website, including by changing our Pricing Guide or this agreement available at www.audacious.co.uk. We may also choose to notify you by phone, mail, recorded message or other means.
7.3 If any change is likely to cause material detriment to you in our reasonable opinion, we will give you at least one month’s notice by email or SMS. If you do not accept such change, you may cancel this agreement by notifying us at any time before any such materially detrimental change comes into force.
7.4 Your continued use of the Services after the date of any change will be deemed to be your acceptance of the change.
7.5 We reserve the right to increase your Monthly Charge once per year in line with the Retail Price Index (RPI) rate of inflation at the time. We will give you at least one month’s notice.
8.1 You may notify us you want to cancel this agreement at no cost (other than for a pro rata amount of the Monthly Charge, plus any other Charges already incurred, to the date you let us know you want to cancel) and without giving any reason within 14 days from the date this agreement started (“Cooling Off Period”). You can contact us in the ways set out in clause 13.2.
8.2 You may cancel this agreement at any time by giving us at least 30 days’ notice.
8.3 Either of us may cancel this agreement by giving notice to the other and without liability if that other party:
8.4 In addition, we may cancel this agreement by giving immediate notice to you when:
8.5 If this agreement is cancelled:
9. IF THINGS GO WRONG
9.1 We are only legally responsible to you:
9.2 You must tell us of any claim against us promptly while we still retain relevant records.
9.3 Our total liability to you is limited to a maximum of £3,000.
9.4 We exclude all liability to you for loss or damage:
9.5 Nothing in this agreement limits or removes our liability for our fraud, for death or injury caused by our negligence, or relating to consumer rights that cannot be limited under English law.
9.6 Any part of this agreement that is not legally effective may be replaced by us with a similar clause that is legally effective. The remainder of the agreement will remain effective. This clause 9 will continue to apply even after the end of this agreement.
10. EVENTS BEYOND OUR CONTROL
10.1 If we are unable to meet our obligations to you due to events that are out of our reasonable control (such as lightening, flood, exceptionally severe weather and acts or omissions of persons for whom we are not responsible (including other telecommunication service providers)), we will not be liable for our failure under such circumstances.
11.1 If you have obtained your SIM from Audacious you may be entitled to the benefit of any Money Back Guarantee that we provide. Full details are available at www.audacious.co.uk/legal/money-back-guarantee.
11.2 If your SIM is not working please get in touch with us and we will repair or replace it. We may charge for this in some circumstances outside of the Cooling Off Period or any Money Back Guarantee we offer from time-to-time. Please note that as a consumer of goods and services you are entitled to certain consumer rights that cannot be limited under English law, for example, the right to return defective goods to us, if bought from us.
12. RESOLVING DISPUTES
12.1 Please contact us if you have a complaint or a query. We will try to work closely with you to resolve any disputes that may arise. However, if we cannot reach a mutually satisfactory resolution, you may refer our dispute to the Ombudsman, an independent dispute resolution body that Audacious is a member of. Further details are highlighted in our Complaints Code of Practice available online at www.audacious.co.uk/contact/complaints.
13. OTHER MATTERS
13.1 We’ll send you notices by post, text, email or publishing on our website, including by changing our Pricing Guide or this agreement available at www.audacious.co.uk. We may also choose to notify you by recorded message or other means.
13.2 You can contact us on:
Phone: 01604 266 466
Post: Audacious, UoN Innovation Centre, Green Street, Northampton, NN1 1SY
13.3 This agreement is personal to you. You may not transfer your rights or responsibilities to someone else without our consent. We may transfer our rights and responsibilities without your consent provided the Services and your rights under this agreement are not significantly reduced.
13.4 This agreement does not confer any benefit on any third party under the Contracts (Rights of Third Parties) Act 1999.
13.5 This agreement shall be interpreted under English law (or Scots law if you live in Scotland) and any court proceedings related to a dispute will only be heard in English courts (or Scottish courts, if you live in Scotland).
14. USE AND DISCLOSURE OF INFORMATION