Please read these Service Terms and Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which Tesco Mobile makes the Service available to you.
The Tesco Mobile Pay monthly Tariff Terms and Conditions and Tesco Mobile Pay monthly Privacy Policy also apply. These are available at www.tescomobile.com.
PLEASE NOTE: that the following features are not available on the Tesco Mobile network; visual voicemail, conference calling, call forwarding, call waiting.
1. What is Tesco Mobile Pay monthly Service?
1.1 The Tesco Mobile Pay monthly Service is an airtime service that enables you to make or receive calls, to send and receive data and to access information via the Internet (as the case may be according to your tariff) by means of the mobile phone network provided by Telefonica 02 UK and used by us (‘Network’) and any additional services we agree to provide to you (‘Tesco Mobile Pay monthly Service’).
1.2 The Tesco Mobile Pay monthly Service is usually provided for a minimum period as set out in Paragraph 4 and at a tariff or tariff(s) applicable to that minimum period. The price payable for the Tesco Mobile Pay monthly Service and what each tariff provides are clearly set out on tescomobile.com or in any marketing materials.
1.3 The only equipment that we provide to you is the card needed to access the Tesco Mobile Pay monthly Service (‘SIM Card’) and, depending on the tariff you choose, we may provide you with a mobile handset. In consideration for you agreeing to purchase the Tesco Mobile Pay monthly Service we shall supply you with the SIM Card for no charge. We may charge you for the mobile handset and, if we do, the price will be clearly explained to you before you offer to receive the Tesco Pay monthly Service together with details for making payment.
1.4 The Tesco Pay monthly Service is only available to customers aged 18 years or over on the date you offer to receive the Tesco Mobile Pay monthly Service.
2. When your Service Agreement begins
2.1 Your Service Agreement is contained in these Terms & Conditions and the call rates published from time to time by us (visit tescomobile.com for up to date information on call rates).
2.2 Your order or request for a SIM Card and, where applicable, a mobile handset is an offer to receive the Tesco Mobile Pay monthly Service from us. Nothing that we do or say will amount to any acceptance of your offer until we despatch (in the case of sales via phone or tescomobile.com) or provide (in the case of in-store sales) the SIM Card and, where applicable, the mobile handset, to you, at which point a contract will be made between us. At any point up until then you may cancel your order or we may decline to supply the Tesco Mobile Pay monthly Service to you. If we decline to supply an item and you have already paid for it, we will give you a full refund of any amount already paid for that item.
2.3 Acceptance of your offer is subject to the successful completion of a credit check.
2.4 Monthly subscription charges for your tariff will start when the SIM Card is activated, which is at the point of purchase.
2.5 For orders placed via phone or tescomobile.com, your SIM Card and, where applicable, your mobile handset will be despatched by first class post to your billing address.
2.6 Whilst we make every effort to despatch your SIM Card and, where applicable, your mobile handset within 7 working days of the date of your online or phone order, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control. A signature may be required at delivery for orders that include a mobile handset. If this is required, this will be explained to you before you place your order.
2.7 Ownership of the SIM Card and, where applicable, mobile handsets will not pass to you until we have delivered the item to you. When an item is delivered, risk of damage to or loss of the item passes to you.
2.8 For tariffs that include a mobile handset, you may have up to two Tesco Mobile Pay monthly Service mobile handsets per account. You may have up to five SIM Cards registered to each Tesco Mobile Pay monthly Service account. However, to ensure availability of our SIM Cards, customers are limited to ordering or purchasing a maximum of five SIM Cards per transaction.
2.9 Where SIM Cards and, where applicable, mobile handsets are despatched separately, our acceptance of the order in respect of each item takes place when each SIM Card is despatched.
2.10 If for any reason beyond our reasonable control, we are unable to supply the SIM Card and, where applicable, a mobile handset, we will not be liable to you.
3. Cancellation during Cooling off period
3.1 If you change your mind after you have purchased a SIM Card and, where applicable, a mobile handset , you can tell us that you would like to cancel anytime within 14 days from the date of receipt or collection of the SIM Card and, where applicable, the mobile handset (‘Cooling-off Period’).
3.2 If you purchased a SIM Card and, where applicable, a mobile handset through the Tesco Mobile website or by telephone and you would like to cancel during the Cooling-off Period, please notify Tesco Mobile Customer Service on 0845 301 4455 or email support@tescomobile.com. Cancellation will occur on the date you notify us.
3.3 If you purchased a SIM Card and, where applicable, a mobile handset, in a store you must return to the store where you entered into your Service Agreement to cancel your Service Agreement. Cancellation will occur on the date you cancel your Service Agreement in store subject to the return your handset in accordance with Paragraph 3.6, where applicable.
3.4 If you use the Tesco Mobile Pay monthly Service and you subsequently cancel your Service Agreement in accordance with Paragraph 3, you will incur charges for any usage you have made of the Tesco Mobile Pay monthly Service. The charges you will incur will be the total sum of (1) the standard-rate charges for calls, text and data within the Inclusive Credit categories capped at the fixed monthly rental tariff you selected when you made your purchase plus (2) standard-rate charges for any calls, text and data outside of the Inclusive Credit categories. Please see the current rates click here and Tesco Mobile Pay monthly tariff terms and conditions click here for a full explanation of the calls, text and data for which Inclusive Credit can and can not be used.
3.5 Once we have heard from you that you wish to cancel your Service Agreement we will credit any sum debited by us from your credit or debit card when you made your purchase. We will do this within 30 days of the cancellation date provided that you comply with the requirements of Paragraph 3. If you have made any use of the Tesco Mobile Pay monthly service you will incur charges for that use as set out in Paragraph 3.4. We will send you a final bill setting out these charges. The final bill will be payable on your selected payment date.
3.6 You are required to take reasonable care of any mobile handset we provide. If you change your mind and cancel your Service Agreement in accordance with Paragraph 3, you must return the mobile handset in its original packaging with all of its components within 14 days of the date on which you notify us of cancellation. If you purchased in a store, you must return the handset to the store where you purchased the handset. If you purchased your handset via the Tesco Mobile website or telesales you must return your handset as we instruct you at the time you notify us that you wish to cancel. If you are a website or a telesales customer and you do not return the item as instructed within 14 days of cancellation, we may make a charge in respect of the cost of recovering (or attempting to recover) the mobile handset.
3.7 If you have a SIM only contract and you cancel during the Cooling off Period, you do not need to return the SIM to us and, following disconnection from the Tesco Mobile Pay monthly service, you may use your SIM card to connect to the Tesco Mobile Pay as you go network.
3.8 This Paragraph 3 does not affect your statutory rights.
4. Minimum Term, billing dates and changing tariff
4.1 This Service Agreement is usually subject to a minimum term, the period of which will be clearly explained to you before you offer to receive the Tesco Pay monthly Service (‘Minimum Term)’. The Minimum Term will commence on activation of your SIM Card and, where applicable, your mobile handset. This will also be your Billing Date unless you request a different Billing Date in accordance with paragraph 4.4.
4.2 Where the Minimum Term is one month, a new Minimum Term of one month will start on the anniversary of your Billing Date each subsequent month unless you cancel your contract under paragraph 3 (Cooling-off period) or paragraph 5 (Ending this agreement).
4.3 Where the Minimum Term is greater than one month, this Service Agreement will continue on a monthly basis until you cancel your contract under paragraph 3 (Cooling-off period) or paragraph 5 (Ending this Service Agreement).
4.4 When you sign up to the Tesco Mobile Pay monthly Service you will be given an option to select a Billing Date. Your next monthly subscription payment will be charged on your chosen date, even if this is before your first month has run out. This may result in your first bill period being shorter than one month. In these circumstances, you will be permitted to roll over any inclusive minutes, texts or data from the first month until the end of your second month. The third and subsequent months will operate as usual. Your Minimum Term will be revised so that it will end on the relevant anniversary of your new Billing Date, but this will not have the effect of extending your Minimum Term.
4.5 If you are migrating between tariffs, your Billing Date will remain the same as it was on your previous tariff unless you request otherwise. Your change of tariff will take place on your next Billing Date.
4.6 Subject to paragraph 4.7, where you have notified us you wish to move to another Tesco Mobile Pay monthly tariff, unless we advise otherwise, your new tariff will commence on your next Billing Date.
4.7 If you change tariffs for any reason e.g. when upgrading or moving to a promotional offer, any unused inclusive minutes, texts or data provided as part of your tariff will not be carried forward. If you move from a Tesco Mobile Pay monthly or Tesco Mobile Pay as you go tariff which is not currently available you will not be able to change back to your previous tariff.
4.8 You may request a tariff transfer by notifying Tesco Mobile Customer Care. However, within any Minimum Term, you cannot move onto a tariff with a lower monthly tariff payment. This does not affect your right to cancel your contract under aragraph 3 (Cooling-off Period) or paragraph 5 (Ending this Service Agreement).
5. Ending this Service Agreement
5.1 After the Cooling off Period, you may cancel your Service Agreement at any time by contacting Customer Care.
5.2 If you have committed to a Minimum Term of one month, your cancellation will take effect on your next Billing Date. However, as it takes up to 48 hours for us to process your cancellation, you need to cancel at least 48 hours before your next Billing Date to ensure a further Minimum Term does not start. If a new Minimum Term does start, your cancellation will automatically take effect on the following Billing Date.
5.3. If you have committed to a Minimum Term of more than one month, you may cancel your Service Agreement at any time and cancellation will take effect immediately. However, if you cancel after the Cooling-off Period but before the end of your Minimum Term, you will incur a cancellation charge for ending it early. The cancellation charge will be calculated based on the number of remaining monthly charges on your account minus the costs which we will no longer incur for providing the service. The amount of the charge will be notified to you before you cancel.
5.4 We may end your Service Agreement at any time by emailing you and giving you 30 days’ notice. We may also end our Service Agreement with you immediately if:
(a) you breach an important term of this Service Agreement (for example, you do not comply with paragraph 11.3 and we determine, at our sole discretion, that your use of the Tesco Mobile Pay monthly Service is, or at any time was, inconsistent with normal residential use patterns);
(b) you breach any other term of this Service Agreement and do not put it right within 7 days of us asking you to;
(c) you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account(s);
(d) you give us information about yourself which we reasonably believe to be false or misleading;
(e) you are the subject of bankruptcy or insolvency proceedings, or if you do not make a payment under a judgement of a Court or fine, or you make an arrangement with your creditors or a receiver or administrator is appointed over any of your assets, or you go into liquidation or
(f) we are no longer able to provide the Tesco Mobile Pay monthly Service to you despite making all reasonable efforts to do so.
5.5 Both of us must continue complying with this Service Agreement until we stop providing the Tesco Mobile Pay monthly Service to you. You will be charged for all monthly subscription charges incurred and calls made prior to your cancellation. The end of this Service Agreement, for whatever reason, shall not affect either of our rights or liabilities.
5.6 If at any time we do not require you to comply with this Service Agreement, this does not prevent us from asking you to at a later time.
6. Changes to this Service Agreement
6.1 We can change this Service Agreement (including our charges) at any time. We will notify you of any significant changes either by email to the email address you gave us when you registered for Tesco Mobile Pay monthly Service or via your bill. If you continue to use the Tesco Mobile Pay monthly Service after the date on which the change comes into effect, your use of the Tesco Mobile Pay monthly Service indicates you agree to the changed Service Agreement and will be bound by it.
7. Suspending your use of Tesco Mobile Pay monthly Service
7.1 We may suspend your use of the Tesco Mobile Pay monthly Service (other than calls to emergency services) immediately:
(a) if we need to carry out repairs, maintenance or the introduction of new aspects to the Tesco Mobile Pay monthly Service (and we will try to restore the Tesco Mobile Pay monthly Service as soon as we can);
(b) if we are told to by the Government, the emergency services or any other competent or lawful authority;
(c) to protect you under paragraph 11.3, or
(d) if you are persistently abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or property, or that of our agents; or
(e) if you do anything or permit anyone else to do anything which we reasonably think adversely impacts the service to other customers or may adversely affect the Network; or
(f) for any of the reasons set out in paragraph 5.4.
7.2 Sometimes, it may appear to us that there is an unusual use of the Tesco Mobile Pay monthly Service (for example, the volume or destination of calls increases significantly). If this does happen we may suspend the Tesco Mobile Pay monthly Service to protect you. We will only ever suspend Tesco Mobile Pay monthly Service like this in exceptional circumstances and will try to contact you beforehand (but this may not be possible)
7.3 Where more than one user is set up under an account, we may suspend use by any or all of those users if we reasonably suspect fraud or money laundering in relation to any person using the account.
7.4 If we suspend your service because you break this Service Agreement, the Service Agreement will still continue until it is ended under paragraph 5.4. You must pay all charges during that time.
8. Use of personal information - including fraud prevention
8.1 To learn how we collect and use your personal information, please visit tescomobile.com to see the Privacy Policy.
9. The Tesco Mobile Pay monthly Service
9.1 The Tesco Mobile Pay monthly Service is not available in all parts of the United Kingdom nor in all other countries and may be restricted to certain areas within those countries where access to the Tesco Mobile Pay monthly Service is possible. Not all mobile phones will be able to receive the Tesco Mobile Pay monthly Service.
We only agree to provide the Tesco Mobile Pay monthly Service to mobile phones of a make and type approved by us.
9.2 When we provide you with the Tesco Mobile Pay monthly Service, we will use the reasonable skill and care of a competent service provider, but the service may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control and we therefore cannot guarantee that the Tesco Mobile Pay monthly Service will always be available or fault-free.
9.3 We will do our best to provide Tesco Mobile Pay monthly Service to you and any additional services requested by you (such as roaming) or if you instruct us to change your Tesco Mobile Pay monthly Service (e.g. to bar calls) by any date we have agreed with you but our ability to do so may be affected by circumstances beyond our control.
9.4 We will allocate a number for use of your mobile phone on the Network. The number does not belong to you and may only be transferred to another service provider in certain circumstances (including payment of our costs) details of which are available on request from Customer Services. We may also charge you for porting your existing number in accordance with our charges.
9.5 You may ask us to include your mobile phone number in a telephone directory and/or a directory enquiry service. However, you should be aware that, if you request this service (for which we may charge a fee), your number will be made accessible to companies that compile information for marketing purposes. If you are worried about this, you can prevent it from happening by registering your mobile phone number with the Telephone Preference Service on http://www.tpsonline.org.uk/. If you want your mobile phone number to be included in a directory and or a directory enquiry service, please contact us on 4444 from your Tesco Mobile.
9.6 Occasionally we may have to:
(a) alter the number of your mobile phone, or any other name, code or number associated with the Tesco Mobile Pay monthly Service for reasons beyond our control such as where requested to do so by a governmental or regulatory body, if we become unable to supply it to you, for example, in the event that we lease the number from a third party company which stops supplying it to us or where we reasonably believe that the alteration will enhance your use of the Tesco Mobile Pay monthly Service. If this is the case we will give you reasonable notice;
(b) temporarily suspend the Tesco Mobile Pay monthly Service (or any part of it) for operational reasons or in an emergency or for reasons of security; or
(c) bar certain numbers from the Tesco Mobile Pay monthly Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.
9.7 From time to time we may have to migrate your account from one billing platform to another. In these circumstances we will notify you if migration of your account will affect the Tesco Mobile Pay monthly Service in any way.
9.8 We reserve the right to add to, substitute, or to discontinue any of the Tesco Pay monthly Services at any time.
9.9 If you report your Mobile Phone and/or SIM to us as lost or stolen we have the right to prevent it from being used on the Network. We may also exchange the mobile phone identity with other network operators who may choose to prevent the mobile phone from being used on their networks.
10. Tesco Mobile Pay monthly Content
10.1 We may provide textual, visual or other information, software, photos, video, graphics, music, sound and other material available through the Tesco Mobile Pay monthly Service including information supplied by content providers (‘Content). If we provide Content, we will use reasonable endeavours to maintain the Content but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. It is a condition of us allowing you access to Content that you accept that we will not be liable for any action you take in reliance on Content.
10.2 We may vary Content or the technical specification of the Tesco Mobile Pay monthly Service from time to time.
10.3 You may only use Content in a way that does not infringe the rights of others (‘Approved Use’) and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited save that you may print or download extracts of Content for your personal use only.
10.4 You are solely responsible for evaluating the accuracy and completeness of Content and the value and integrity of goods and services offered by third parties over the Tesco Mobile Pay monthly Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services except in the case of negligence on our part.
11. Your use of Tesco Mobile Pay monthly Service
11.1 You must keep confidential all passwords you have nominated in connection with your Tesco Mobile Pay monthly Service account. We cannot disclose information about your account to anyone until we are satisfied as to their identity, and they have correctly quoted any passwords to us.
11.2 You agree:
(a) to provide us with such information as we reasonably request in connection with this Service Agreement and that all factual information you provide to us is correct;
(b) to take adequate precautions to prevent damage to your SIM Card and mobile handset or unauthorised use or theft of the SIM Card and mobile handset;
(c) use your SIM Card, handset and the Tesco Mobile Pay monthly Service in the way described in any User Guides, or other instructions issued by us;
(d) that the SIM Card shall at all times remain our property; and
(e) to inform us as soon as possible by telephone if the SIM Card or mobile handset is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner and to co-operate with us in our reasonable security and other checks.
(f) tell us immediately by calling Customer Service if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Tesco Mobile Pay monthly Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
11.3 You may not, nor allow anyone else to, use the Tesco Mobile Pay monthly Service:
(a) for any unlawful purpose or not in accordance with fair use;
(b) to make a call which is, or is intended to be, malicious, fraudulent or hoax (including to the emergency services);
(c) to breach the rights of any third party (for example, copyright); or
(d) in any way which may damage or affect the operation or quality of Tesco Mobile Pay monthly Service, the Internet or any other telecommunications system (in particular computer viruses, worms and spam should not be distributed across the Tesco Mobile Pay monthly Service from or through any software or hardware you have connected to the Tesco Mobile Pay monthly Service).
11.4 The Tesco Mobile Pay monthly Service is a retail service that is made available to you only for personal, residential use and not for commercial or business purposes. All commercial or business use is considered by us to be not in accordance with fair use. You may not, nor allow anyone else to use the Tesco Mobile Pay monthly Service for auto delivery, continuing or extensive call forwarding, telemarketing, solicitation, polling, fax or voicemail broadcasting. If you do use the Tesco Mobile Pay monthly Service for business or commercial purposes in breach of this Service Agreement, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the Tesco Mobile Pay monthly Service is faulty or cannot be used by them.
11.5 You agree that you are procuring the SIM card, mobile handset and the Tesco Mobile Pay monthly Service solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card, mobile handset or the Tesco Mobile Pay monthly Service.
11.6 You must use Tesco Mobile Pay monthly Service in accordance with this Service Agreement and any other reasonable instructions we give you. Whilst we provide the Tesco Mobile Pay monthly Service to you, you authorise us to act on your behalf in all dealings with any provider (as applicable) with whom we consider it necessary or useful to deal with in connection with Tesco Mobile Pay monthly Service.
11.7 If the SIM card or your mobile handset is lost, stolen, damaged or destroyed you will be responsible for any charges incurred until you have informed us.
11.8 If you do not comply with any provision of this paragraph, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) that we suffer as a result.
12. Call Charges
12.1 Charges for the Tesco Mobile Pay monthly Service, including details for call plans, can be found at tescomobile.com
12.2 Unless otherwise stated, call prices are quoted by the minute and are charged in one second increments rounded up to the nearest penny. Charges for using the Tesco Mobile Pay monthly Service will be calculated using the details we have recorded. Each call is charged excluding VAT and then rounded up to the nearest penny. VAT is then added where applicable to the total of all charges on your bill. Minimum call charges apply, visit tescomobile.com for call charges. Prices are correct at time of going to print but are subject to change.
12.3 If we increase the charges for the elements of the Tesco Mobile Pay monthly Service you are using or change the terms and conditions of this Service Agreement to your significant disadvantage (in our reasonable opinion) we will give you 30 days’ notice in writing before the changes take place. We will notify you either in writing or by text message to your mobile phone number and/or by email where you have supplied your email address to us for this purpose.
12.4 You may be charged to receive certain premium rated text messaging services and multi media messaging services. We will not notify you of call charges for premium rate services operated by third parties. Visit tescomobile.com for a list of call charges. Please check these before calling premium rate numbers.
12.5 Where tariffs include inclusive or unlimited allowances which apply to certain calls, texts or data up to a monthly limit, unused inclusive or unlimited allowances cannot be carried forward from one month to the next unless expressly stated by us. In this context “monthly” or “month” means calls recorded by us within your monthly billing period, which may not equate to a calendar month. Generally, calls, data and texts will be set against applicable inclusive or unlimited allowances in the order in which they are recorded by us. Certain types of calls, such as roaming calls may take longer to be billed.
12.6 Call charging rates which vary according to the time of day and are billed according to the time of call initiation.
12.7 You must pay your monthly bill by the date stated on the bill.
12.8 You will be liable for all charges incurred by use of the Tesco Mobile Pay monthly Service under this agreement whether incurred by you or anyone else using your mobile phone (with or without your knowledge). You must pay the charges to us or as we direct.
12.9 We will impose a maximum limit on your account which will be reached if your chargeable calls are equal to or exceed:
a) £300 for £45 per month iPhone contract
b) £250 for £35 and £40 per month iPhone contract
c) £200 for £20 and £25 per month iPhone contract
d) £40 for a standard tariff that is £10 or less
e) 4 times your monthly subscription in any one month for tariffs that are more than £10 but less than £17.50. For example, if your monthly subscription is £15, your maximum limit is £60.
f) £70 for a tariff that is between £17.50 and £25.
We will also monitor usage of the Tesco Mobile Pay monthly Service via your account for the purpose of imposing your maximum limit, controlling our credit risk and your exposure to fraudulent usage. Your account will be assessed automatically at four hourly intervals. Therefore, any significant spend within a four hour period will not be detected until the next automatic check and no call restrictions will be applied during that time. You will be responsible for any spend that you incur beyond your usage limit before any call restrictions are imposed. If usage on your account reaches the maximum limit or gives us cause for concern we will attempt to contact you by text message or by calling your mobile phone. If we are unable to contact you we may have to restrict use of the Tesco Mobile Pay monthly Service on your mobile phone and/or we will have to suspend your Tesco Mobile Pay monthly Service. You will need to contact us before you can use any of the chargeable aspects of the Tesco Mobile Pay monthly Service. You may be required to make an interim payment by purchasing additional credit by way of top-up before the Tesco Mobile Pay monthly Service can be reinstated. Following your top-up, it may take up to 12 hours to reinstate your Tesco Mobile Pay monthly Service.
12.10 Paragraph 12.9 does not apply to you if you are on a tariff that requires you to pay credit onto your account (‘Top-up’) in addition to your monthly subscription.
12.11 If you wish to make international calls or use our international roaming service we may ask you to demonstrate a satisfactory billing history. Unless otherwise stated, if you use your mobile phone abroad you will be charged for incoming and outgoing calls.
13. Paying your bill
13.1 You can pay by any Mastercard or Visa credit card or by Switch, Maestro (domestic only), Solo, Delta or Electron. Your credit/debit cards will be encrypted to minimise the possibility of unauthorised access or disclosure. All payments will be taken in Pounds Sterling. If the amount to be paid or the payment dates change, we will notify you 10 days in advance of your account being debited as otherwise agreed.
13.2 You can also pay by direct debit, which can be set up when you apply for Tesco Mobile Pay monthly Service. The direct debit guarantee is offered by all banks and building societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own bank or building amount paid. You can cancel a direct debit at any time by writing to your bank or building society. Please also send a copy of the letter to us.
13.3 If you do not maintain your direct debit payments, you must pay by another method. If a direct debit payment fails and we have your credit/debit card details we may take payment from your card. We will send you an email informing you that we have taken payment in this manner. If direct debit payments continue to fail on a regular basis, we may stop your use of the Tesco Mobile Pay monthly Service.
13.4 We may require you to pay your charges by direct debit. If you are paying by payment card you authorise the payment card company to disclose to us and, under strict obligations of confidentiality, to our sub-contractors and/or agents, details about your payment card account in so far as is necessary in connection with your agreement with us and to inform us if your payment account is terminated or suspended at any time.
13.5 Your call history log will show what calls have been made through your account and the applicable charges (which are shown including VAT). A VAT invoice can be supplied on request. We may charge for this and if a charge applies, we will let you know the charge in advance.
13.6 All bills will be available in electronic form only. Notification of when your bill is available will be sent to you via your selected notification method, either email or text message. To ensure that we can send your bill to you, you must supply us with a valid email address or mobile phone number. You are responsible for ensuring that you notify us in the event of changes to these details.
13.7 Bills will normally be available monthly, but we may bill you at any time. Your bill will comprise your monthly subscription charge and any calls, data or messages outside of your inclusive minutes, texts or data. You are responsible for the payment of all the charges that appear on your bill. Your bill will be itemised sufficiently so that you can check the accuracy of your bill.
14. Our responsibilities to you
14.1 We do not exclude or restrict our liability for: (a) death or personal injury caused by our negligence (or our agent’s negligence), (b) fraud, (c) any liability under Part I of the Consumer Protection Act 1987, or (d) any of our liabilities that cannot by law be restricted.
14.2 We are responsible for direct losses you suffer as a result of us breaking this Service Agreement with you if the losses are a foreseeable consequence to both of us at the time you enter into this Service Agreement. Our liability shall not in any event include losses which happen as a side effect of the main loss or damage or which are not foreseeable by you and us (such as business losses such as loss of profits, wasted expense or loss of opportunity). If you suffer any loss you must let us know as soon as possible by contacting us.
14.3 Subject to paragraph 14.2, we will also not be responsible for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless this is caused by our negligence.
14.4 If you do experience a problem with the Tesco Mobile Pay monthly Service you should first telephone our Customer Service team.
14.5 We shall not be responsible for any delay or failure to provide the Tesco Mobile Pay monthly Service for reasons beyond our reasonable control, for example fire, explosion, lightning, storm, tempest, flood, earthquakes, riot and civil commotion, failure by a utility company, local authority or other such body, any failure or shortage of fuel or transport, war, civil war, armed conflict or terrorism, or nuclear, chemical or biological contamination, or any blockade or embargo, or any official or unofficial strike or other dispute.
14.6 If we are found liable to you our liability will not exceed £5,000 in any 12 month period.
15. Clubcard information
15.1 Don’t forget, if you have a Clubcard, you can earn Clubcard points from your monthly subscription. You only start to earn points after you have registered your Clubcard with Tesco Mobile Pay monthly Service. Points are awarded upon payment of your monthly bill. It may take up to seven weeks from when you make the call for your Clubcard points to reach your Clubcard account, when you will see the points on your next Clubcard statement. If you are on a tariff that requires Top-up in addition to your monthly subscription, you can also earn Clubcard points on your Top-up.
16. Complaints
16.1 We want to give you a great service. However, if you are unhappy with any aspect of our service then please contact Customer Care. If you are still not happy, please ask to speak to a manager. If you would like to write to us with your complaint, please write to Tesco Mobile Limited, Dumers Lane, Radcliffe, Bury BL9 9QL.
16.2 If you remain unhappy or you think that we haven’t dealt with your complaint satisfactorily within 8 weeks, you can refer your complaint to the following external regulatory body: Otelo (www.otelo.org.uk <http://www.otelo.org.uk/>), the Telecommunications Ombudsman on 01925 430049 or at Office of the Telecommunications Ombudsman, Wilderspool Park, Warrington WA4 6HL.
16.3 Before you contact Otelo, please make sure you have details of why you are still unhappy as well as the answer given by the Tesco Mobile Complaint Management Service.
16.4 Some, but not all, items are sold with 12 month warranties. For some items you can also choose to purchase an extended warranty when you place your order. Please see Extended Warranties for the terms and conditions relating to these. If you have any problems with your purchase we can offer help and assistance. Please contact the following helplines: for electrical items 0845 456 6767 ; for mobile phones please contact 0845 300 6660; for all other items please call Customer Services on 0845 600 4411†. If we arrange for an item to be repaired, please also have purchased the item from us may result in the repair becoming chargeable. (If a repair is chargeable, we will tell you in advance.) Repair turnaround time is dependent on the relevant manufacturer’s current workload. We will not accept any claims for losses you suffer during this time. If a fault is caused by accident, misuse or negligence, or it occurs outside the warranty period, it will not be covered by the manufacturer’s warranty. Service estimates for an item not covered by the manufacturer’s warranty will be chargeable. An estimate will be emailed (or sent to you by post if we do not have an email address for you) and confirmation of acceptance is required within 10 days. Where such acceptance is not received, the item will be returned not repaired and a charge may be payable. All warranty repairs will be returned to you at the cost of Tesco Direct.
17. General
17.1 If you change your name, address, telephone number or payment details or there are any changes to your bank account or payment card arrangements which may affect your payment of the charges you must let us know.
17.2 You may not transfer any of your rights or responsibilities under this Service Agreement to anyone else without obtaining our consent. We can transfer all or any part of our service with you at any time provided the service you receive is not significantly reduced.
17.3 We may change this Service Agreement and the charges at any time. Changes will be posted on our website tescomobile.com. Please check this regularly for updates.
17.4 Unless otherwise stated, any notice under this Service Agreement must be in writing and delivered by hand or sent by pre-paid post, to us at the address given on your bill, or to you at the address stated in your application as your address or any other UK address you supply to us for this purpose.
17.5 A person who is not a party to your Service Agreement with us has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any part of this Service Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
17.6 If any part of this Service Agreement is found to be invalid by any Court or other regulatory or competent body, the invalidity will not affect the rest of this Service Agreement, which shall remain in force.
17.7 This Service Agreement is subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.
17.8 We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology. This means you cannot inadvertently place an order through an unsecured connection.
The Tesco Mobile Pay monthly Service is operated by Tesco Mobile Limited, Tesco House, Delamare Road, Cheshunt, Hertfordshire, EN8 9SL. Company Registration No. 04780736, VAT No. 815-3845-24.
Last updated: 6th April 2011