Terms & Conditions Consumer Customers
Terms & Conditions
1. Introduction
1.1. When you enter into an Airtime and Loan Agreement ("Agreement") with us, you are bound by the following Terms and Conditions ("Terms") under which Smile Network makes its mobile handsets ("Handsets"), SIM cards, (any of which shall be referred to as "Smile Network Products") network services and other ancillary services ("Smile Network Services") available to you. It is very important that you read and understand these Terms before entering into an Agreement with us. By ordering from us, you agree you have read and accepted these Terms.
2. Information about us
2.1. We are Smile Network Group Limited a company incorporated and registered in England and Wales with registered number 12366604, whose registered address is at Smile Network UK, 379 Southchurch Road Southend on Sea Essex SS1 2PQ
3. The Smile Network Pay Monthly Service contract with you
3.1. References in this Agreement to "you" or "your" are to the customer.
3.2. The customer must be an individual who is at least 18 years old and resident in the UK in order to purchase any products or services from us, and by entering into an Agreement with us you are confirming that you fulfil this criteria.
3.3. On receipt of your order we will send you an email describing the Smile Network Products and Services you have ordered and confirming the Loan you have requested. These communications confirm we have received your order, but do not represent any acceptance of your offer. We are not legally obliged to supply Smile Network Products or Services or advance the Loan until we confirm to you by email that we have accepted your order or request as the case may be. The electronic acceptance creates a legally binding agreement between you and us (the "Agreement"). You should only electronically place an order with us if you fully understand the Terms, the legal commitment you are entering into and are willing to be fully bound
3.4. If for any reason we are unable to accept your order, we will inform you of this in writing and will not charge you for the product or services but we will have no further liability to you. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified or because we have reasonable grounds to believe that you cannot or will not make payments when due or will not abide by these Terms.
3.5. All orders will be reviewed by our security team who may contact you for additional Information before authorising your order. We reserve the right to refuse access to the Smile Network Services to anyone for any reason at any time.
3.6. As we process your order we will inform you if any Smile Network Products or Services on your order are unavailable or delayed for any reason and we may offer you an alternative or you may cancel the order if this happens.
3.7. All orders will be dispatched to the address you have provided when making your application with us, therefore if you have not received your SIM for any reason it is your responsibility to inform us of this. If you have not notified us within the first 14 days then no cancellation or refund will be offered to you, and a replacement SIM will be sent free of charge.
3.8. Subscription charges ("Charges") for your tariff are paid monthly in advance, unless we agree in writing with you that you can pay weekly in advance, and in accordance with condition 5.
3.9. Upon completion of the application you authorise us to take payment from your bank account for balances properly due to us from time to time (including without limitation for Charges, Loan instalments and any additional charges implemented pursuant to these Terms or the Agreement) and to continue to do so throughout the duration of the Agreement ("CPA").
3.10. Your tariff allocation of minutes, texts, and data starts upon receipt by us of your first payment of Charges in full is renewed on the same day each week thereafter subject to these Terms.
3.11. We will use reasonable endeavours to dispatch your SIM card within one working day following receipt of your first advance payment of Charges. This is not guaranteed and may be delayed by circumstances out of our control. If your SIM has not arrived within five working days it is your responsibility to inform us. We are only able to deliver your SIM card to the name and residential address that is registered as the account holder at the point of ordering
3.12. It is the responsibility of the customer to activate your SIM card promptly. Smile Network will not under any circumstance refund the customer for any unused tariff period following dispatch of the SIM card.
3.13. The minimum term of the Agreement will be 24 months from the date of first payment ("Minimum Term"). You agree to purchase Smile Network Services for the Minimum Term and to take out the Loan and repay it by the Loan Repayment Date (as these terms are defined in condition 6
3.14. When your Minimum Term has expired, we will continue to supply you with Smile Network Services until either of us chooses to end the Agreement in any of the permitted ways set out in our Terms.
3.15. Where SIM cards and Handsets are ordered initially only your SIM card will be dispatched. Handsets are subject to an additional approval process as outlined in conditions 7.6 and 7.9.
3.16. We reserve the right to embed security mechanisms within our Smile Network Products and Smile Network Services for the duration of the Agreement for the purpose of detecting and preventing fraud and diagnostic purposes. All data is processed in accordance with our privacy policy available at: http://www.smilemobiles.co.uk/privacy
3.17. If there are any changes to your personal information including your name, address, card, or bank details you must inform us. We reserve the right to request proof of identity and address at any time during the application or during the term of the Agreement.
3.18. As part of this Agreement you agree to:
3.18.1. Provide us with factual information that we reasonably request in connection with this service agreement;
3.18.2. Take adequate precautions to prevent damage to your SIM card and Handset, including reasonable precautions against theft;
3.18.3. Comply with detail as described in user guides or instructions as issued by us or a manufacturer from time to time;
3.18.4. Inform us as soon as possible if your SIM card is lost, stolen, damaged, destroyed, or likely to be used in an unauthorised manner; and
3.18.5. Co-operate with us in our reasonable security and other checks.
3.19. You may not, nor allow anyone else to, use the Smile Network Service or Smile Network Products:
3.19.1. for any fraudulent or unlawful purpose or not in accordance with fair use;
3.19.2. to make a call which is, or is intended to be, malicious, fraudulent or hoax (including to the emergency services);
3.19.3. to breach the rights of any third party (for example, copyright); or
3.19.4. in any way which may damage or affect the operation or quality of Smile Network Services, the Internet or any other telecommunications system (in particular you will not upload or distribute computer viruses, worms or spam across the Smile Network Service from or through any software or hardware you have connected to the Smile Network Service).
3.20. We may terminate the Agreement immediately and condition 19 will apply if you are in breach of any of conditions 3.17 to 3.19 or if we have reasonable grounds to believe that you intend to or will be in breach of any of them.
4. What we will provide you with ("Services")
4.1. The Smile Network service allows you to make or receive calls, SMS messages and send and receive data as well as access information via the internet by means of the network service delivered to you by Smile Network
4.2. We will open an account for you and provide you with a SIM and a phone number (and we may agree to provide you with additional SIMs and phone numbers upon your request). This number does not belong to you and may only be transferred to another service provider with our permission and when you have made payment in full for all our Charges and any other sums due pursuant to these Terms. Dependent upon your payment profile Smile Network may provide you with a mobile Handset also.
4.3. You can move your existing mobile number to Smile Network. First, you need to ask your previous mobile network operator for your porting authorisation code (PAC), and then you will need to give your PAC to us. Once we have verified the details of your porting request, we will tell you the date when your phone number will be moved to Sunshine Mobile.
4.4. Once you are connected to Smile Network, we will provide you with access to our Smile Network Services.
4.5. Smile Network Services will not include any Premium Rate Services. However, provided you ask for them and we approve, we may also include Age Restricted Services, provided you are 18 or over and you do not show or send any content from the Age Restricted Services to anyone under 18. Access to such services will be terminated if you are in breach of this condition 4.5.
4.6. The SIMs we provide may only be used in handsets that are authorised by us for connection to Smile Network. Any attempt to use the SIM in another handset may result in serious damage to the handset and may prevent you from being able to use it. In these instances Smile Network are not responsible for any such damage or usage problems. For more information on this please visit http://www.smilemobiles.co.uk
4.7. As your Network provider we will use reasonable endeavours to ensure that the Smile Network Services are available or free of material faults within our coverage area (the UK). We cannot guarantee that this will be the case and your service may be affected by geographic, atmospheric or other conditions beyond our control. For more information on this please visit wwwsmilemobiles.co.uk. We will not refund any Charges if Smile Network Services are not available for these reasons.
4.8. From time to time we may have to:
4.8.1. Migrate your account from one billing platform to another. Should this be the case we will notify you only if your network service may be affected in any way.;
4.8.2. add, substitute or discontinue any of the Smile Network Services at any time Alter the number of your mobile phone, or any other name, code or number associated with the Smile Network Service for reasons beyond our control;
4.8.3. Temporarily suspend the Smile Network Service (or any part of it) for operational reasons or in an emergency or for reasons of security;
4.8.4. Bar certain numbers from the Smile Network Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss;
In the case of occurrences under conditions 4.8.2 to 4.8.4 we will notify you as soon as reasonably possible.
4.9. If you report your SIM card to us as lost or stolen we reserve the right to prevent it from being used on the network. We may also exchange the identity of any stolen items with other network operators to prevent it from being used on other networks.
4.10. Replacement SIM cards are charged at a cost of £10 per SIM card, which includes postage and packaging.
4.11. Only you are responsible for evaluating the accuracy and integrity of content goods and services offered by any third party. Smile Network will not be responsible for any transaction concerning third party content goods or services.
4.12. You will be responsible for any Charges Loan Payments or account usage incurred for lost, stolen, damaged or destroyed SIM cards until you have informed us
4.13. You are responsible for the security of your PINs, passwords and any Handsets provided as part of the Agreement. Please refer to your Handset manufacturer’s user guide for details of how to keep your Handset secure. All PINs and passwords on your Handset or your account must be kept confidential by you and may not be disclosed to any other person.
4.14. If you become aware that someone is accessing services on your behalf without your permission you should notify us and change your PINs and passwords immediately
5 Payment
5.1. We will provide you with access to your online bill periodically through our customer portal and this will usually happen monthly and via email only. However, we reserve the right to change the frequency of the billing period, and would give you at least 14 days’ notice of this in writing.
5.2. Your bill will comprise of your Charges for the coming period as well as any calls, data or messages outside of your inclusive bundle from the last period. It may also contain a charge for any Handset Loan Payment, depending on the scheme that you have chosen. Customers taking advantage of our Free Line Rental Offers will still pay full price for the full Agreement period and will receive their free months at the end of the Minimum Term.
5.3. On your bill you will find a call history log detailing all calls that have been made on your account and the relevant and applicable charges for these (shown including VAT). Should you require a VAT invoice we are more than happy to provide one however there may be a charge for this. If this is the case we will inform you of the charge in advance and it will be included on your next bill
5.4. We provide all bills monthly via electronic form to the email address you have supplied to us. There may be a charge for paper billing and any such charges will be notified on your bill. You must provide us with a valid email or postal address and notify us of any changes to these details so we can continue to ensure you receive your bills.
5.5. We will attempt to collect your Charges and any Loan Payment’s due monthly (or weekly, in instalments if agreed in writing by us) by CPA on the same numbered day of each month as the date of this Agreement (or the same day of each week, if applicable) (each a "Payment Date"). We will notify you via SMS and Email 3 days before your Payment Date. i.e. if your Agreement starts on Wednesday, 2nd September then the first Payment Date will be 2nd October and each subsequent Payment Date will be the 2nd of each subsequent month for 24 months (or if we are collecting weekly the first Payment Date would be Wednesday 9th September and each subsequent Payment Date will be on Wednesday of each week for 52 weeks). Loan Payment s cease after the Loan Repayment Date provided you have repaid the Loan in full (see condition 6).
5.6. Your monthly bill (or the relevant instalment where agreed) must be paid by the Payment Date by your Debit Card or your account will be suspended and ultimately terminated by Smile Network.
5.7. Payment must be made on time, in full, and without any deduction, set off or counterclaim
5.8. If the Payment Date falls on a day which is not a Business Day, we will use the CPA to attempt to collect the Charges on the working day immediately before the Payment Date.
5.9. If your circumstances change and you will have insufficient funds in your account on the Payment Date to make the payment, or if you are experiencing financial difficulties, please get in touch with us as soon as possible so we can discuss the options available to you.
5.10. If you fail to make a payment on the agreed Payment Date, you will incur a 50p per day late payment fee for your airtime and 50p per day late payment fee for your Loan Payment , if applicable, ("Late Fees") until your account is up to date.
5.11. If we fail to collect any Charges or Loan Payment s as specified in condition 5.5, we will attempt to contact you via (email/sms/call centre) to set up a debt repayment programme ("Promise to Pay");
5.12. If we are unable to collect payments pursuant to the Promise to Pay, we will contact you to find out why and at our discretion discuss alternative repayment arrangements where reasonably possible. If you are in financial difficulties we may at our discretion attempt to agree a suitable alternative payment arrangement.
5.13. We will continue to attempt further contact and collection of any overdue balance (including the fees implemented under condition 5.10) for a period of up to 30 days.
5.14. Your account is deemed in default on the latest to occur of any of the following:
5.14.1. any balance remains outstanding for over 30 days after the Payment Date; or
5.14.2. if we have agreed with you a Promise to Pay and you fail to pay when due any payment within the Promise to Pay; or
5.14.3. if we have agreed with you alternative repayment arrangements under condition 5.12 and you fail to pay when due any such repayment.
5.15. Once in default, we will automatically assign your account to our external Collection Specialists. We reserve the right to charge you for the costs of debt collection.
5.16. If your account is deemed in default under condition 5.14 the following shall become immediately due and owing:
5.16.1. the total Charges which would have been payable but which have not yet been paid for the whole of the Minimum Term;
5.16.2. the outstanding balance of any Loan; and
5.16.3. any other amounts owed in accordance with the Agreement including any Late Fees, Clawback Charges, costs of debt collection and enforcement and legal costs, and the Collection Specialists will be collecting all of these amounts
5.17. If you apply to your bank or credit card to claw back any payment previously made to us, we reserve the right to charge you an amount equal to the bank's or credit card company's fee to us for operating the claw back ("Clawback Charge").
5.18. Once your account is in default, we are entitled to do any or all of the following:
5.18.1. Disable your SIM card and suspend provision of Services as set out in condition 16;
5.18.2. Terminate this Agreement;
5.18.3. Bring court proceedings against you for any amounts outstanding pursuant to condition 5.16 and if we are granted Judgment to enforce that judgment against you; and
5.18.4. Charge for costs of obtaining judgment and enforcement and any other reasonable legal costs.
6. Credit Agreement (Handsets only)
6.1. If you choose a Handset and fund the Price by borrowing from us ("Loan"), this Section will apply to the Loan.
6.2. The Loan is provided to you interest free on the date specified by us in our written acceptance of your Loan application as your "Loan Start Date". You are only obliged to pay the amount lent to you without any interest or other charges, save for those set out in conditions 5.10 and 5.17.
6.3. The term of the Loan is twelve months, which means it must be repaid in accordance with condition 6.4 and in full by the anniversary of the Loan Start Date ("Loan Repayment Date").
6.4. The Loan is repayable by you in twelve equal monthly instalments, which may be collected by us weekly at your request if we agree, (each a "Loan Payment") payable by you by CPA on each Payment Date, as defined in condition 5.5.
7. General Terms relating to the supply of Handsets
7.1. Prices are inclusive of VAT unless we state otherwise.
7.2. We will try to provide you with availability information for products and services on this website. Delivery dates are estimates only and we are not contractually bound by them.
7.3. Ownership of the Handset will pass to you on the Loan Repayment Date provided that you have made all payments in full and complied with these Terms. Until this point, we continue to own the Handset.
7.4. Risk in the Handset will pass to you when we deliver it to you. This means that if the Handset gets damaged before you receive it from us, we are responsible. After you receive the Handset you are responsible for any damage.
7.5. It is your responsibility to decide whether to insure the Handset against loss, theft or damage. We can offer you competitive rates for insurance but you can insure through an independent insurer.
7.6. To qualify for a Handset the following criteria must be achieved;
7.6.1. You must have made 12 successive weekly (or 3 successive monthly) payments of Charges and Loan Payments in full on time. Failure to do so will require you to restart the 12 weeks (or 3 months) certification process over again. If after 12 weekly (or 3 monthly) payments being made, where some have been made to us late, you may at our discretion be offered the option to receive an alternative lower specification handset at this point as an alternative, and your future payments will be recalculated based on this device. (This may be offered as an alternative to restarting the 12 week certification process again). It is your responsibility to ensure your payments are made to Smile Network on time, so that you receive your chosen Handset as soon as possible; and
7.6.2. The SIM must be your primary number and show regular and typical activity on the account.
7.7 If Smile Network , acting reasonably, believes:
7.7.1. that the SIM has been subject to abnormal use by the customer during the first 3 months or 12 weeks, as applicable; or
7.7.2. the offer of the Handset Loan has been taken out to defraud Smile Network of goods; or
7.7.3. that you cannot or will not continue to pay the Charges or Loan Payments or any other sums due, in accordance with these Terms, then we reserve the right to cancel the SIM subscription and/or NOT provide a Handset to you
7.8 If pursuant to condition 7.7 Smile Network does not issue a Handset, then:
7.8.1. no refunds will be offered for any previous amounts paid under the Agreement and you agree that this is reasonable in light of the Smile Network Services that have been provided or made available up to that point and the risk that we have taken in entering into the Agreement without carrying out a credit check against you.
7.8.2. no further Loan Payments will be charged after we notify you that no Handset will be provided, UNLESS we decided not to issue a Handset.
7.8.2.1. because of condition 7.7.2; or
7.8.2.2. we decided not to issue a Handset because, acting reasonably, we believe that your actions described in condition 7.7.1 or 7.7.3 were intentional in which case the Loan will become repayable in full with immediate effect.
7.9. Smile Network may require additional paperwork to be completed in order to provide you with a Handset contracted or leased, including without limitation provision by you of two additional forms of identification as specified by us, and a 24 month contract subscription, which you will need to agree to prior to receiving your Handset and 24 month contract subscription
7.10. When your Minimum Term has expired, we will supply you with Smile Network Services until either of us chooses to end the Agreement in any of the permitted ways set out in conditions 17 or 18.
8. Handset exchanges & replacements
8.1. If a Handset is deemed faulty or malfunctions within the first 28 days of connection Smile Network will exchange the Handset for you, subject to conditions 8.2, 8.4 and 8.5. If a Handset is deemed faulty or malfunctions after the initial 28 days of connection then your Handset manufacturer may handle any repair that may need to be carried out and you must contact them direct.
8.2. If for any reason you require a replacement Handset within 28 days of connection due to fault or malfunction please contact customer services on 08443150514 . You must contact us within 24 hours if any problem becomes apparent, or you may void the right to any replacement claim.
8.3. We will deal with all replacements with a high priority.
8.4. Replacements will only be issued when the original item is returned and subject to condition 8.5.
8.5. Where goods become faulty within the first 28 days of the date of us dispatching these goods to you and qualify for an exchange, the faulty items must be returned to us within 5 working days via recorded delivery, with the original packaging full contents included, along with original documentation and proof of purchase. Items returned as faulty and subsequently found to be subject to wilful damage, misuse, use other than in accordance with the manufacturer's instructions, neglected, overloaded, or modified adapted or repaired other than by us, will not be exchanged and will be returned to the customer.
8.6. If returned goods cannot be exchanged pursuant to condition 8.5 a charge of £25 will be made to cover postage and processing which will be added to your account and will appear on your next bill.
8.7. It is the customers responsibility to ensure the safe return of all goods.
9. Handset warranty
9.1. All our Handsets are new and are shipped with the standard manufacturer's warranty.
9.2. Each manufacturer has a warranty period where they will repair your handset outside of the 28 day exchange period (typically 12 months but please refer to manufacturer's specification for details); this is for manufacturer faults only. Please see the manufacturer terms and conditions to check if your fault is covered.
9.3. Smile Network accepts no liability for any Handset that is lost or damaged except where we are demonstrably at fault.
10. Call charges
10.1. Your airtime credit can be used for any mixture of minutes, texts and data. Incremental charges for this are as follows: 5p per minute, 5p per text and 5p per mb data. Please visit www.smilemobiles.co.uk or contact customer services for more specific detail.
10.2. Call charges are quoted by the minute and are charged in one second increments and rounded up to the nearest penny unless otherwise stated. Our charges for Smile Network Services are calculated using the details we have recorded and are charged excluding VAT before being rounded up to the nearest penny, VAT is added to all applicable parts of your bill.
10.3. You will be notified on your bill of any call charges for premium rate services operated by third parties.
10.4. Some of our bundles include inclusive or unlimited allowances which apply to certain calls, texts or data on a weekly or monthly basis.
10.5. If you have international roaming enabled, certain outgoing service types may take longer to be billed and you will be liable for all roaming charges which are incurred beyond your approved credit limit. We may suspend the Smile Network Services or terminate the Agreement if we are unable to contact you and these costs continue to be incurred.
10.6. We may ask you to demonstrate a satisfactory billing history, and pay a deposit, in order for us to unlock the international calling and roaming facility on your account. Please note if you use your phone abroad you will be charged for both incoming and outgoing calls.
10.7. You will be responsible for any out of bundle charges which will be detailed on your bill. For more details on these charges please visit www.smilemobiles.co.uk if you are unsure if charges will be applied please refer to Customer Services 08443150514
10.8. Call charging rates which vary dependent on the time of day are billed according to the time of your call initiation.
10.9. You will be liable for all charges incurred by the use of the Smile Network Service under this Agreement whether these charges were incurred by you yourself or someone else with or without your knowledge or permission.
10.10. Premium Rate Services are not widely enabled on the Network; however, it is not always possible to restrict some voice, SMS and Video premium rate service types. You will be liable for all out of bundle premium rate service charges that are incurred on your account.
10.11. Please be aware when using file sharing software or streaming video services that you can incur significant data usage. Services are for personal, non-commercial use only and should not be used in conjunction with any fraudulent, unlawful, prohibited and commercial activities. Moderate restrictions may be applied if the fair usage policy is being exceeded and we reserve the right to charge customers at the out of bundle rate for any illegitimate usage incurred. You may also be required to move your contract to a more appropriate tariff if you are regularly exceeding the limitations or abusing this policy.
10.12. As a protection factor from a bill shock we will impose a maximum limit on your account which can be confirmed by checking your account online or contacting our customer services team. If you reach your bill cap and have used your monthly inclusive allowance or minutes, texts or data, you will only be able to receive incoming calls and text messages. If you have reached your monthly account limit you can make a bundle payment on your account by contacting customer services team or logging into your account online. Conditions apply and you must be able to demonstrate a good payment history and regular account usage.
10.13. We will monitor usage of the Smile Network Services at regular intervals via your account for the purpose of imposing your maximum limit, controlling our credit risk and your exposure to fraudulent usage. If usage on your account approaches the maximum limit or gives us cause for concern we will attempt to contact you via SMS, email or telephone. If you are using services which are incurring significant out of bundle charges and you have exceed your credit limit within a short period of time, these alerts may not be possible and your outgoing services may be suspended immediately without warning and we reserve the right to terminate the Agreement in which case condition 19 will apply.
11. Changing your tariff and minimum term
11.1. The Smile Network Service is subject to a Minimum Term. This will be fully explained to you before you agree to uptake the service at point of sale.
11.12. You may request to change your tariff by contacting Smile Network Customer Care but please note you cannot lower your monthly tariff payment if you are within your Minimum Term. This does not affect your right to cancel your Agreement under conditions 17 or 18. Any additional or promotional tariffs are discretion and are not compulsory offerings.
11.13. Subject to condition 11.2, where you have notified us that you wish to move to another Smile Network Tariff this will take place on your next Payment Date unless we advise otherwise.
11.14. If you change your tariff for any reason i.e. upgrading or moving to a promotional offer any unused bundle minutes, messages or data will not be carried forward.
12. Intellectual Property
12.1. The software in the Handset ("Software") and all intellectual property rights in that software are owned by the handset manufacturer or us or a third party and you are being allowed to use the software on a limited license ("Licence") from the Handset manufacturer or us. You agree to comply with the terms of any such licence and to not do anything which would or may make the manufacturer or us be in breach of any licence of those intellectual property rights to either of us.
12.2. You acknowledge that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of the Licence.
12.3. During the term of your Agreement for the supply of Smile Network Services, you must not permit your Handset to be unlocked via any unauthorised manner (i.e. by anyone other than us or the Handset manufacturer). You must contact us if you want your Handset to be unlocked from our network.
12.4. Except as expressly set out in the Licence or as permitted by law, you undertake:
12.4.1. not to copy the Software, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
12.4.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
12.4.3. not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent expressly permitted by law and provided that the information obtained by you during such activities expressly permitted by law:
12.4.3.1. is not disclosed or communicated without the licensor's prior written consent to any third party; and
12.4.3.2. is not used to create any software that is substantially similar in its expression to the Software.
13. Data Protection
13.1. We take our responsibility to keep your personal data confidential very seriously. For information in this regard, please read our Privacy Policy located at: .
13.2. You agree that both Smile Network and our Network Provider are authorised to process your personal data that is collected or submitted during any sales or registration process. This processing can take the form of any of the following activities; opening and managing an account for services, for the delivery of products and services ordered by you, for fraud prevention, for product analysis and direct marketing activity (subject to your preferences) and otherwise as set out in our Privacy Policy.
13.3. We may disclose details of your agreement with us, the payments you make under it, account balances and information about any default, dispute, and debts to credit reference agencies. We may also disclose details of any change of address reported to us or of which we become aware. The information supplied by us and held by credit reference agencies is used by us and other organisations to help make decisions about other credit applications by you or other members of your household with whom you are linked financially to trace debtors, recover debts, to prevent and detect fraud and to manage your account.
13.4. If you use services from outside the country it may be required that your information is transferred to that country. If that country is outside the EEA the treatment of your information may be subject to local laws and regulations applying to that country and may not protect your information in the same was as in the UK and EEA.
13.5. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering. You may not be informed if this happens.
13.6. The assignment of debts will involve the sale of your debt and account information to a third party company – this information may include your name, address and contact data, year of birth, debts owed, payment history and other information necessary to help recover the debt.
14. Liability
14.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2. Because we are dealing with you as a consumer and not a business and providing products and services only for domestic and private use, we are not liable or responsible to you for any of the following:
14.2.1. Business loss, lost business or missed opportunities;
14.2.2. Loss of profits or income;
14.2.3. Loss of data;
14.2.4. Loss arising from delay or failure to deliver products or services;
14.2.5. loss arising because of something outside of our reasonable control.
14.3. Further and subject to condition 14.2 we will not be responsible for the loss, deletion or corruption of any content transmitted or maintained by the us unless this is as a direct result of our negligence.
14.4. As your network provider we may provide textual, visual or other information including but not limited to software, photos, graphics and sounds through the service. By accepting access to the content you accept that we cannot be held liable for any actions you take as a result of the content.
14.5. The Smile Network Service is made available to you for personal, residential use and not for commercial purposes. You may not, nor allow anyone else to use our services for auto delivery, continuing or extensive call forwarding, telemarketing, solicitation, polling, fax or voicemail broadcasting. If you breach this condition you agree to compensate us for all liabilities claims, damages, losses and costs which we may suffer.
14.6. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Smile Network Products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; or for defective products under the Consumer Protection Act.
14.7. We shall not be held responsible for any delay or failure to provide any of the Smile Network Services or Products for reasons beyond our reasonable control including without limitation any act of God, any failure or shortage of fuel or transport, Civil war, chemical or biological contamination, terrorism, armed conflict, local conflict of any kind, failure by a utility company, local authority or any such body, any blockade or embargo, any official or unofficial strike or other dispute, fire theft, flood, earthquake or landslide
15. Website accuracy
15.1. Our website design team work extremely hard to ensure our website is as accurate as possible and in order to achieve this, our site is updated every day. However, we cannot guarantee the accuracy of information supplied, especially such things as product specifications, network tariffs, call charges and special offers and promotions which may change without prior notice, before or after you have placed your order with us.
15.2. Products, prices, offers, tariffs and promotions are valid for the period they are displayed on our website (unless otherwise stated or information is inaccurate as per condition 15.1), all of which are subject to availability. If any of these should change to your detriment or become unavailable in the period after you have placed an order with us we will contact you before proceeding with the order and you will have the option to cancel your order without payment.
15.3. Pictures of products are representation only and should be used only as a guide. Specifications and/or colours of products may change without prior notice.
16. Suspending the service
16.1. The Smile Network Service may be suspended immediately if:
16.1.1. Repairs, maintenance or introduction of new aspects of the service are required;
16.1.2. We are instructed by government, emergency services or any other competent or lawful authority to do so;
16.1.3. We have reasonable grounds to believe that you have or someone on your behalf has perpetrated caused allowed or enabled Unacceptable Behaviour as further described in condition 21.;
16.1.4. You do anything or permit anyone else to do anything which we reasonably believe will adversely affect the service to other customers or adversely affects the Smile Network ;
16.1.5. You fail to pay your Charges or Loan Payment by the Payment Date;
16.1.6. We have reasonable grounds to believe that you cannot or will not pay the Charges and/or the Loan Payment by the Payment Date;
16.1.7. You do not have a valid active debit card set up on your account;
16.1.8. You have exceeded your credit limit;
16.1.9. There appears to be an unusual use of the service we provide to you i.e. the volume or destination of your calls increases significantly, we may suspend the service to protect you. We will only ever do this in exceptional circumstances and will attempt to contact you beforehand;
16.1.10. We reasonably suspect fraudulent activity or money laundering in relation to any user of the account.
16.2. Where more than one user is set up on the account the actions or suspected actions of one sole user may affect the suspension of the entire account.
16.3. You are liable for all charges incurred throughout the term of any suspension.
16.4. If any of the grounds for suspension set out in condition 16.1 occur or we consider, in our sole discretion (acting reasonably) that you are failing to comply with these Terms, we will have the right to:
16.4.1. Immediately suspend or cancel your SIM and condition 19 shall apply;
16.4.2. Give you written notice by email or text that you have lost the right for us to supply you with your chosen Handset; or
16.4.3. Terminate this Agreement and condition 19 shall apply.
16.5. In the event of SIM card being suspended, or the Agreement being terminated pursuant to condition 16, prior payments will not be refunded.
17. Ending this agreement and disconnection of Smile Network Services
17.1. You end the agreement
17.1.1. You can end the Agreement if:
17.1.1.1. You change your mind within 14 days in accordance with condition 18;
17.1.1.2. we have told you about an upcoming change to the product or these Terms which you do not agree to in accordance with condition 20.1;
17.1.1.3. we have told you about an error in the price or description of the Smile Network Product or Service you have ordered and you do not wish to proceed;
17.1.1.4. we have notified you that there is a risk that supply of the Smile Network Product or Service may be significantly delayed because of events outside our control;
17.1.1.5. we have suspended supply of the Smile Network Product or Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
17.1.1.6. you have a legal right to end the Agreement because of something we have done wrong.
17.2. If your Minimum Term commitment is longer than one month, your cancellation request will take effect 30 days from the date of notifying us.
17.3. We end the agreement
17.3.1. We may end the Agreement at any time by emailing you with 30 days’ notice
17.3.2. We may also end our Service Agreement with you immediately if:
17.3.2.1. We have the right to suspend your Smile Network services on any of the grounds set out in condition 16 and we believe, acting reasonably, that the grounds have not been, or are unlikely to be, rectified;
17.3.2.2. Condition 7.7 or condition 10.5 applies;
17.3.2.3. You breach a significant term of this Agreement and that breach cannot be corrected;
17.3.2.4. You breach a significant term of this Agreement and that breach, if correctable, is not corrected by you within 30 days of being notified by us to correct it;
17.3.2.5. We have reasonable grounds to believe that you have or someone on your behalf has perpetrated caused allowed or enabled Unacceptable Behaviour as further described in condition 21.
17.3.2.6. We reasonably suspect fraud or money laundering by you or someone using your accounts or any of them or if you fail a credit or fraud prevention check;
17.3.2.7. You provide us with false or misleading information; or
17.3.2.8. You are the subject of bankruptcy or insolvency proceedings or if you do not make payment under a court judgment or a 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 if you are unable to pay or we reasonably believe that you are unable to pay your debts as they fall due.
17.4. If we end your agreement pursuant to condition 17.3.2 condition 19 shall apply.
17.5. We may also end the Agreement if we are no longer able to provide the Smile Network Service to you due to circumstances beyond our reasonable control.
18. Cancellations
18.1. You are entitled to cancel this Agreement pursuant to the Consumer Contracts Regulations 2013 at any time up 14 days from the day after we accept your order in writing, provided that you notify us in writing.
18.2. A cancellation and processing fee of £20 will apply if you’re SIM or any other goods have been dispatched to you prior to your cancellation notice being received by us. The cancellation and processing fee and any amounts claimed pursuant to condition 18.3 will be deducted from any amounts paid to us during this 14-day period, where by a refund will then be issued to you for the remaining amount within 7-10 working days.
18.3. You will still have to pay for any Smile Network Services provided during the cancellation notice period.
18.4. In order to cancel your agreement with us you are required to notify Smile Network Ltd by Email cancellations@smilemobiles.co.uk
18.5. If you cancel the Agreement pursuant to this condition 18 but do not return to us any Handset issued by us then all amounts outstanding under the full 12 month term of the Loan shall become immediately due and owing.
18.6. In respect of any goods dispatched to you, you must ensure that we have received your goods within 14 days of you sending your notification of cancellation to us.
18.7. Any activities on your SIM after you send us the notice but prior to or after the notice being received by us will mean that you waive your rights to any cancellation and your Minimum Term would be enforced.
18.8. All Handsets and SIMs must be returned Smile Network Ltd
18.9. It is the customer’s responsibility for the safe return of goods (a tracked or insured service is recommended when returning Handsets). All items must be returned in their original packaging and full contents included, along with original documentation and proof of purchase. Items returned in a less than pristine condition and /or damaged or missing packaging will incur charges to cover the cost of the damage or wear to the items. These charges will be pursued by Smile Network. Should items not be received then it cannot be accepted as a 14-day cancellation and you will be liable for the full duration of the Minimum Terms of your Agreement with us.
18.10. You will be required to pay for any out of tariff inclusive calls, texts, or data usage that you may have used during the cancellation period. This amount will be calculated on your final bill.
19. Effects of ending this agreement
19.1. If this Agreement comes to an end or is terminated other than pursuant to conditions 17.5 or 18.
19.1.1. we will close your account and Disconnect you and you will not be able to use the Smile Network Services or make emergency calls.
19.1.2. You must immediately pay all Charges you owe or incur up until the Agreement ends and
19.1.2.1. if the Agreement terminates within the Minimum Term, a lump sum equivalent to the total of the monthly Charges for the unexpired part of the Minimum Term of your Agreement; and
19.1.2.2. any amounts outstanding on the Loan whether the Agreement terminates before or after the Loan Repayment Date; and
19.1.2.3. any other amounts owed in accordance with the Agreement including any Late Fees, costs of debt collection and enforcement and legal costs
19.2. You authorise us to collect all amounts specified in condition 19.1 via the CPA.
19.3. You must notify us when cancelling if you wish to port your number to another network as we will need to provide you with a Port Authorisation Code (PAC). You only have 30 days from when we issue you your PAC code to complete the port with your new provider or the number will expire.
19.4. Any conditions which expressly or by their nature are required to take effect or continue during or after termination shall do so
20. Changes to the Agreement
20.1. We can change the detail of the Agreement including our Charges at any time and will notify you in advance of any significant changes via email to the address provided to us upon registration for our services or via your bill. If you continue to use the Smile Network Service after the date on which the change comes into effect then you agree to the changed Service Agreement and are bound by this. You can contact us to end the Agreement if you do not agree with the changes we are making.
20.2. We may make changes to:
20.2.1. the Agreement to reflect changes in the law, government regulation or license which affects the Smile Network
20.2.2. to implement minor technical adjustments and improvements, for example to address a security threat, or
20.2.3. additional services only,
and you will not be able to end the Agreement because of these changes provided that they do not significantly impact the provision of the Smile Network Services to you to your detriment and you will be deemed to have accepted the variation if you continue to use the services after the variation has taken place.
21. Zero Tolerance of Unacceptable Behaviour
21.1. Violence, aggression, threatening behaviour or abuse whether written (including email and text or other message communication) verbal physical psychological online on social media or in any other form and whether actual threatened or perceived towards our employees consultants agents representatives or property ("Unacceptable Behaviour") will not be tolerated. To ensure that all employees’ consultants’ agents and representatives have the confidence that we will deal with all instances of violence, aggression, threatening behaviour and abuse in a robust manner, we have adopted a zero tolerance approach to protect them because their safety and security is of vital importance.
21.2. Where we reasonably believe that Unacceptable Behaviour has been perpetrated caused allowed or enabled by you or by someone on your behalf then, subject to condition 21.3, we have the right at our sole discretion and with immediate effect to
21.2.1. issue a written warning after which if any other incident of Unacceptable Behaviour is perpetrated caused allowed or enabled by you or by someone on your behalf then we may take any other action set out in this condition 21; or
21.2.2. suspend the provision of the Smile Network Services; or
21.2.3. terminate this Agreement.
21.3 For the avoidance of doubt, if we reasonably believe the Unacceptable Behaviour is sufficiently serious we reserve the right at our sole discretion to take either of the actions specified in conditions 21.2.2 or 21.2.3 without having issued you with a written warning.
21.4 Regardless of any other action taken by us under this condition 21, we reserve the right to refer any incident of Unacceptable Behaviour to the police or any other appropriate law enforcement agency.
22. Complaints
22.1. At the Smile Network we aim to provide you with an unrivalled customer experience around the clock. We hope that you will never have a reason to be unhappy about any aspect of our services; however, our Customer Care Team is dedicated to helping you reach a resolution of any issue and so if you are not satisfied you should contact them straight away by phone 08443150514 or by email at team@smilemobiles.co.uk.
22.2. We will always work hard to resolve any complaint within one business day although there may be times where a more detailed investigation is required in which case we aim to resolve your issue within five business days. In any situation where you feel your complaint has not been resolved in full you can ask for it to be escalated to a Supervisor or Manager. If there is nobody available at the time our Customer Services Team will arrange a call back for you.
22.3. If we have been unable to reach an agreement with you within 8 weeks of you first complaining to the company you are entitled to take your dispute to CISAS at the address below (Communications & Internet Services Adjudication Scheme). We may present you with a deadlock letter and refer you to the scheme earlier if we believe we have done everything we can to resolve your complaint but have been unable to reach an agreement with you. Communication and Internet Services Adjudication Scheme, The Chartered Institute of Arbitrators, 24 Angel Gate, City Road, London, EC1V 2PT. You will also be able to get independent advice by visiting your local Citizens Advice Bureau or by calling them on 08454 04 0506.
22.4. Whilst we are more than happy to work with independent companies to help resolve any grievance that you may have, we would always request that you follow the process above and contact us first so that we can resolve your issue efficiently, with minimal
23. General
23.1. This Agreement is personal to you and may not be assigned to a third party. The Agreement will be binding on your successors or personal representatives and is not to be re-sold or otherwise distributed.
23.2. We may assign or sub-contract performance of this Agreement to a third party. If we do so we will give notice to you.
23.3. Our failure or delay to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision or prevent us from pursuing or enforcing it in future.
23.4. If for any reason any provision of this Agreement, or any portion thereof, is found to be unenforceable, the remaining provisions of this Agreement shall continue to be valid to the fullest extent permitted by law.
23.5. We may send you a notice by email, post, text, voicemail or other form of electronic message.
23.6. Please tell us about any changes to your contact details so we can contact you in relation to your order or use of our services.
23.7. We may update these terms from time to time, so please check the then-current version before you place your order.
23.8. These terms are governed by the laws of England and Wales, and you (and we) agree to submit to the exclusive jurisdiction of the courts in England and Wales.
23.9. A person who is not party to your Agreement has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any part of the Agreement but this does not affect any right or remedy of a party which exists or is available apart from that act.
23.10. If a government authority orders the reallocation or change of phone numbers we may have to change your number for the receipt of Smile Network Services.
23.11. You confirm that you have the full contractual capacity to enter in to the Agreement.
23.12. We only accept online orders from web browsers that permit communication through Secure Socket Layer (SSL) technology. This is to protect you and therefore means that you cannot make an order through an unsecured connection.
The terms and conditions set out above are part of the Agreement. Please read them carefully. Only place an order with us if you want to be bound by it and these terms.
© Smile Communications Group Limited 2019
Trading as: Smile
Registered in England No 11739902