Terms & Conditions

Mobile Phones and Contracts

PRS Mobile Limited,
8 King Street, Mold, CH7 1LA.
Co Number 04846533

1. INTRODUCTION AND DEFINITIONS

The customer (as defined in clause 1.1 below) understands that to receive the Equipment/Services (as defined in clause 1.1 below) and the Airtime Services (as defined in clause 1.1 below), they are required to enter into two separate agreements. These are:
a. This agreement with PRS Mobile Limited which governs the supply of the Equipment and/or Services from PRS Mobile Limited to the Customer.
b. The Airtime Agreement (as defined in clause below) with the relevant network/service provider.

1.1 Definitions

In this Agreement, the following words and expressions shall have the following meanings:

  • “Airtime Agreement” means the agreement which governs the provision of Airtime Services from the relevant network/service provider.
  • “Airtime Services” means cellular mobile telecommunications airtime and network capacity procured from a network/service provider.
  • “Connection” means the connection of an end user to a network or service provider such that the end user can access and use the Airtime Services.
  • “Customer” means the person ordering the Equipment/Services and/or the Airtime Services.
  • “Downward Migration” means in respect of a connection, the transfer (at the request of the customer) from one tariff, provided by the network/service provider (“the old tariff”) to another tariff, provided by that same network/service provider (“the new tariff”), which results in the customer being charged a lower monthly line rental under the new tariff than it was under the old tariff. The phrase “Downward Migration” shall be construed accordingly.
  • “Equipment” means mobile telecommunications handsets and other associated equipment.
  • “Minimum Term” means the period that the customer has agreed to have any connections under any Airtime Agreement or through this Agreement; whichever is the longer.
  • “Services” means any services ordered by the customer and provided by PRS Mobile Limited.
  • “Subsidy” means the sum payable by PRS Mobile Limited to the customer as is determined by PRS Mobile Limited in its sole discretion, taking into consideration the number of connections which the customer is taking out and the applicable tariffs and the minimum term which the customer is prepared to enter into.

2. APPLICABLE TERMS

Unless other terms and conditions are expressly accepted by PRS Mobile Limited, by means of a specific written amendment signed by a director of PRS Mobile Limited, the supply of equipment and/or the provision of services will be on the terms and conditions set out in this agreement to the exclusion of any other terms and conditions, whether or not the same are endorsed upon, delivered with, or referred to in any purchase order or other document delivered or sent by the customer to PRS Mobile Limited.

3. SUPPLY OF CUSTOMER EQUIPMENT

3.1 In consideration of the customer entering into the Airtime Agreement, PRS Mobile Limited undertakes to supply to the customer such equipment/services as are ordered by the customer at that time.

3.2 PRS Mobile Limited shall use its reasonable endeavours to deliver the equipment on the date agreed by the parties, but the customer acknowledges that time shall not be of the essence.

3.3 Notwithstanding delivery and acceptance of the equipment to the customer, title to the same will not pass to the customer but will be retained by PRS Mobile Limited until either the expiry of the minimum term, or the date on which all undisputed invoices relating to the same (including VAT) have been paid in full to PRS Mobile Limited.

3.4 The risk in the equipment will pass to the customer upon delivery, and the customer will be liable for any loss or damage of the same equipment.

3.5 The customer undertakes to notify PRS Mobile Limited of any alleged defect, shortage, or discrepancy in any equipment within 3 days of delivery of the equipment to the customer. If the customer fails to notify PRS Mobile Limited within this period, then the customer will be deemed to have accepted the equipment, and PRS Mobile Limited shall have no liability to the customer whatsoever in respect of such equipment.

3.6 Should the customer, for whatever reason, cancel their agreement during the first quarter of the contract, they must return all handsets and accessories supplied to them by PRS Mobile Limited in the same condition they arrived. If the items are not returned or are returned in a non-saleable condition, then a charge of the full cost of the item plus a £5 admin fee will be invoiced to the customer.

4. CHARGES AND PAYMENT

The customer hereby agrees to pay PRS Mobile Limited for each item of equipment and any services ordered by and provided to the customer within seven days from the date of a PRS Mobile Limited invoice.

4.1 Replacement Sim Cards are charged at £8.33 + VAT. Clients will be invoiced monthly for outstanding amounts due, which will be payable within 7 days.

4.2 All postage items will be charged £10.00, which will be collected monthly in line with clause 4.1 above.

5. PAYMENT AND RECLAMATION SUBSIDIES

Subject to the remaining provisions of this clause, PRS Mobile Limited may, acting in its sole discretion, provide the customer with a subsidy as a result of the customer entering into the Airtime Agreement with the network/service provider.

5.1 In the event that PRS Mobile Limited does provide the customer with a subsidy, this may be provided to the customer at the sole discretion of PRS Mobile Limited, using the methods set out below.

5.2 Deducting the subsidy from the value of the equipment or the services which the customer orders from PRS Mobile Limited.

5.3 The payment of monies (representing the amount of the subsidy) to the customer shall be paid to the customer by monthly instalment after the expiry of 9 months from the connection date where the minimum term is 18 months. Or, 12 months from the connection date where the minimum term is 24 months. This will be paid by an amount equivalent to 6% of the total each month, with the remainder payable in month Twenty-Four, provided the customer has renewed their contract with PRS Mobile by the time of this payment. If the contract is not renewed, then the amount remaining shall not be paid until such time as the contract is renewed with PRS Mobile.

5.4 This shall not be used to directly pay any termination charges levied on the customer by the relevant network/service provider for terminating their previous airtime agreement. This should be paid in full by the customer, then an invoice sent to PRS Mobile Limited and will be paid as per clause 5.4.

5.5 Any instalment payment of the subsidy is payable by PRS Mobile Limited within 60 days from the date the customer presents it to PRS Mobiles, provided that:

  • 5.5.1 At all times the connection is still active on the relevant payment date the subsidy is due.
  • 5.5.2 As the invoice is payable in instalments, after a prescribed period, the appropriate trigger date must have been passed.
  • 5.5.3 The invoice has been raised in accordance with the provisions of this agreement.
  • 5.5.4 Where the invoice is for termination charges, this amount is invoiced within 3 months from the connection date.
    • i. Where the invoice is for payment of monies, this amount is invoiced during the minimum term.

5.5.5 In the event that the customer fails to invoice the subsidy within the timescales set out in this agreement, then the customer right to the subsidy shall cease.

5.6 The customer acknowledges that the payment of the subsidy is conditional upon:

  • 5.6.1 The customer maintaining each connection for the minimum term.
  • 5.6.2 The customer not downward migrating any connection during the minimum term.
  • 5.6.3 Such other conditions as are notified to the customer from time to time by PRS Mobile Limited.

5.7 PRS Mobile Limited shall be entitled to reclaim, from the customer, the subsidy already paid to the customer (or withhold such amount from the customer) if:

  • 5.7.1 A connection is for whatever reason disconnected prior to the minimum term; or
  • 5.7.2 A connection is for whatever reason upgraded/resigned without the relevant written permission from a Director of PRS Mobile Limited, prior to the expiry of the minimum term; or
  • 5.7.3 A connection or care of a connection is transferred to another network/service provider/dealership/broker prior to the expiry of the minimum term; or
  • 5.7.4 A connection is for whatever reason Downward Migrated during the minimum term; or the relevant network/service provider (for whatever reason) reclaims or withholds in full or in part from PRS Mobile Limited any of the connection commission paid to PRS Mobile Limited by the network/service provider in respect of that connection.

5.8 Any such sum reclaimed (or withheld) from PRS Mobile Limited by the Network/Service provider, shall be invoiced to the customer, and such sum shall be payable within 14 days of the date of the PRS Mobile Limited invoice.

6. CANCELLATION

In the event that a customer cancels prior to connection, disconnects a connection prior to the expiry of the minimum term, upgrades/resigns a connection for whatever reason without the relevant written permission from a director of PRS Mobile Limited prior to the minimum term, transfers a connection or care of a connection to another network or service or provider or dealership or broker prior to the expiry of the minimum term, or a connection is downward migrated during the minimum term, no matter howsoever occasioned then PRS Mobile Limited shall be entitled to charge the customer an administration charge of £250 for each connection and retain the right to claw back, from the customer, any line rental subsidy and termination costs that have been paid and also the original cost of any hardware supplied.

7. WARRANTIES

The customer acknowledges that PRS Mobile Limited is not the manufacturer of the equipment, and accordingly, that the warranty given by PRS Mobile Limited is limited as follows. If any equipment is proved, to the reasonable satisfaction of PRS Mobile Limited, to be defective in material or workmanship then:

7.1 If the equipment is returned to PRS Mobile Limited within 14 days of their delivery then PRS Mobile Limited will at its option:

  • a. Repair the equipment;
  • b. Replace the equipment;
  • c. Substitute equivalent goods;
  • d. Credit the customer in respect of any such equipment for the avoidance of doubt.

Where PRS Mobile Limited replaces equipment or provides substitute goods, the original equipment will be returned by the customer to PRS Mobile Limited and will from then on belong to PRS Mobile Limited. These obligations on the part of PRS Mobile Limited will not apply where:

  • 7.1.1 The equipment has been altered in any way whatsoever or has been subjected to misuse or unauthorised repair; or
  • 7.1.2 The customer has failed to observe any maintenance requirements relating to the equipment; or
  • 7.1.3 The equipment has been installed incorrectly or connected (unless PRS Mobile conducted such installation or connection); or
  • 7.1.4 The equipment has been expressly sold on a “no warranty” basis.

7.2 Save as provided in the agreement, PRS Mobile Limited hereby excludes all conditions, warranties, and stipulations, express or implied, statutory, customary, or otherwise which, but for such exclusion, would or might subsist in favour of the customer.

8. LIMITATIONS OF LIABILITY

PRS Mobile Limited’s liability for loss or damage of any kind whatsoever (however such liability arises and whether in contract, or breach of statutory duty or otherwise) under or in connection with:

  • 8.0.1 This agreement; and/or
  • 8.0.2 Any matter collateral to this agreement and/or in respect of any representation or misrepresentation shall in no circumstances exceed the sum paid by the customer to PRS Mobile Limited in respect of the equipment or services with which such liability arises.

8.1 Save as otherwise provided, PRS Mobile Limited will be under no liability under this agreement for any personal injury, death, loss, or damage of any kind whatsoever, whether consequential or otherwise including, but not limited to loss of profits, pure economic loss, loss of business and depletion of goodwill.

9. GENERALS

PRS Mobile Limited will be entitled to assign, sub-contract or sub-let this Agreement or any part thereof. The customer shall not be permitted to assign or sub-let this agreement or any part thereof without the written permission of PRS Mobile Limited.

8.2 Failure by PRS Mobile Limited to enforce any of the provisions of this agreement will not be construed as a waiver of any of its rights hereunder. PRS Mobile Limited shall be entitled to amend any of the terms of this agreement upon giving 7 days written notice to the customer.

8.3 In relation to all obligations of the customer under this agreement, the time of performance is of the essence.

8.4 The legal construction of these clauses shall not be affected by their headings which are for convenience or reference only.

8.5 Any demand, notice or communication shall be deemed to be served:

  • 8.5.1 If delivered by hand, when left at the proper address for service.
  • 8.5.2 If given by prepaid first class post, 48 hours after being posted (excluding Saturdays, Sundays, and bank holidays).
  • 8.5.3 If given or made by fax at the time of transmission, subject to the receipt of a transmission report.

8.5.4 All of the above are to be given within the times of a working day, those times are 9am to 5pm.

8.6 No variation to this agreement may be made unless set out in writing and signed by a director of PRS Mobile Limited.

8.7 This agreement shall be governed by English Law and the parties submit to the exclusive authority of the English Courts.

10. OTHER TERMS AND CONDITIONS

This agreement also commits the customer to any other terms and conditions issued by PRS Mobile Limited in respect of any other products and services supplied by or through PRS Mobile Limited.

Adoption of any proposal or Airtime Agreement with any Network or other supplier with/from/via/through/brokered by PRS Mobile Limited that PRS Mobile Limited accepts is automatically deemed as acceptance of these terms and conditions.