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Bill Pay Terms & Conditions

until 17 October 2018

Our Agreement

These terms and conditions apply to Bill Pay Services only. They should be read together with the Tesco Mobile General Terms and Conditions available on our Website which apply to all our Services.

Capitalised terms used in these terms and conditions have the same meaning as in the General Terms and Conditions.

Definitions
In these terms and conditions the following terms have the following meanings:

Bill Pay Services means any of the Services which are made available on the basis that they are paid for periodically rather than in advance;

Minimum Term means any minimum term that applies to the use of any Tariff;

Tariff means any defined set of Bill Pay Services made available from time to time.

  1. Preconditions
    Before we can provide you with Bill Pay Services, you will need to:
    • 1.1 Complete our application process and provide us with any information which we reasonably ask for.
    • 1.2 Have a credit score and provide us with inancial security which is satisfactory to us.
    • 1.3 Provide us with valid proof of identity and evidence that you are permanently living in the Republic of Ireland.
    • 1.4 Provide us with valid proof that you are aged over 18 years.
  2. Tariff Limits
    • Tariffs may include a limit on the volume of Services, including minutes, texts and/or internet access, which can be used without extra charge. Charges for all Services in excess of any Tariff limits will be charged at the rates set out in the charges.
    • You can now use your off net voice, text and / or data bundle allowances while roaming in the EU in the same way as you would use at home i.e. Roam Like At Home (‘RLAH’), however usage may be subject to a Fair Usage Policy (‘FUP’) and proof of stable links. Tesco Mobile reserves the right to request proof of residency in order to enable you to RLAH i.e. use your Plan / Service while roaming periodically in the EU. Proof of residency may be established through registration with the mytesco portal or Tesco Clubcard or by providing a valid document confirmng your place of residence (see tescomobile.ie/eu-roaming-regulation for a complete list of acceptable proofs).
    • Fair Use Policy: the Data FUP allowance will be calculated in accordance with the Commission’s Implementing Regulation (EU) 2016/2286 and you will be informed of this once you start to roam. Once connected to the Tesco Mobile Service you will receive a ‘Welcome’ message which will detail important information to help get you started including providing you with a direct link to where comprehensive information is clearly published on our website regarding roaming services, including information about Tesco Mobiles RLAH service, the FUP and alerts and the Roaming Data cap - see tescomobile.ie/roaming-and-international. Please refer to the General Terms and Conditions which detail the Roaming Services terms including RLAH terms.
  3. Call Charges covered by Tariff limits
    • 3.1 Tariff limits cover calls made in Ireland to:
      • 3.1.1 standard Irish landlines; and
      • 3.1.2 08 numbers allocated to Irish mobile network operators.
      • 3.1.3 to make or receive intra-union calls while roaming. For the avoidance of doubt this includes EU to EU communications while roaming in the EU.
    • 3.2 Tariff limits do not cover calls made in Ireland or while roaming in the EU to:
      • 3.2.1 non-geographic numbers and free phone numbers;
      • 3.2.2 any number ranges which Tesco Mobile reasonably believes are being used for call forwarding services, onward calling services or numbers that pay a revenue share;
      • 3.2.3 premium rate and directory enquiries numbers where special charges apply;
      • 3.2.3 international calls from Ireland (to EU or non EU countries) or while roaming in the EU to non EU countries.
      • 3.2.4 some specific numbers or ranges of numbers which we designate from time to time and which are listed on our Website.
    • 3.5 3.5 Once you have reached the limit of your Tariff, any calls made in Ireland and or while roaming in the EU will be charged in accordance with our standard Charges (see Other Call Charges section of the website).
    • 3.6 Any calls made while roaming in non EU countries will be charged at standard international call rates.
    • 3.7 Minimum call charges may apply under some Tariff limits.
  4. Tariffs and Text Charges
    • 4.1 Tariff limits cover :
      • 4.1.1 To send or receive intra-Union text messages (i.e. from Ireland to Irish mobiles and or while roaming in the EU). For the avoidance of doubt this includes EU to EU communications while roaming in the EU.
    • 4.2 Tariff limits do not cover:
      • 4.2.1 premium rate texts where special charges apply;
      • 4.2.2 texts sent from Ireland to international numbers;
      • 4.2.3 texts sent from non EU countries;
      • 4.2.4 any chargeable texts you receive.
    • 4.3 Once you have reached the limit of your Tariff, any texts sent in Ireland to other Irish mobile numbers and or while roaming in the EU will be charged in accordance with our standard Charges (see Other Call Charges section of the website).
    • 4.4 Any texts sent while roaming in non EU countries will be charged at standard international call rates.
    • 4.5 Minimum call charges may apply under some Tariff limits.  
  5. Tariff limits and Internet Access
    • 5.1 Tariff limits cover only personal internet use via your mobile phone in Ireland and or while roaming in the EU.
    • 5.2 Once you have reached the limit of your Tariff, any internet access will be charged in accordance with our standard Charges.
    • 5.3 If we reasonably suspect you are not acting in accordance with our Agreement, we may impose standard Charges, impose network protection controls which may reduce your speed of transmission or restrict your access.
    • 5.4 To access the Internet your Mobile Phone must be data compatible and enabled. Access to data services is subject to network coverage.
  6. Fair Use
    • 6.1 Bill Pay Services are subject to our Fair Use Policy which prevents the use of the Services for following:
      • 6.1.1 for auto delivery, continuing or extensive call forwarding, telemarketing solicitation, polling, fax or voicemail broadcasting;
      • 6.1.2 for commercial purposes;
      • 6.1.3 in a way which we reasonably believe will impact the Service or the Network;
      • 6.1.4 where any upper limits set out in the relevant Tariff are exceeded.
    • 6.2 We reserve the right to monitor your usage of the Service and, if we reasonably determine that your use is abusive or in breach of our fair usage policy, we may do all or any of the following:
      • 6.2.1 request you to moderate your use;
      • 6.2.2 impose standard Charges in respect of your use; or
      • 6.2.3 transfer you to a Tariff that does not include usage limits.
    • 6.3 Where breach of our Fair Use Policy is suspected, we will endeavour to contact you before taking action in accordance with paragraph 6.3. In the case of severe abuse, as reasonably determined by us, we reserve the right to suspend your use of the Bill Pay Services or end our Agreement, having attempted to contact you first.
    • 6.4 6.4 You can now use your Plan allowances while roaming in the EU in the same way as you would use at home i.e. Roam Like At Home (‘RLAH’), however usage may be subject to a Fair Usage Policy (‘FUP’) and proof of stable links. Tesco Mobile reserves the right to request proof of residency in order to enable you to RLAH i.e. use your Plan / Service while roaming periodically in the EU. Proof of residency may be established through registration with the mytesco portal or Tesco Clubcard or by providing a valid document confirmng your place of residence (see tescomobile.ie/eu-roaming-regulation for a complete list of acceptable proofs). Fair Use Policy: the Data FUP allowance will be calculated in accordance with the Commission’s Implementing Regulation (EU) 2016/2286 and you will be informed of the applicable allowance once you start roaming. In line with domestic use and charging including charging intervals, standard out of bundle rates will apply to usage beyond the FUP – see the ‘Other Charges’ section on our website for all applicable rates. The Roaming Data cap of €61.50 including VAT outside of your monthly spend remains applicable to all roaming usage i.e. EU and non EU countries. See tescomobile.ie/roaming-and-international for further information on the Roaming Data cap. See the General Terms and tescomobile.ie/eu-roaming-regulation for comprehensive information about Tesco Mobiles RLAH service and the FUP.
  7. Picture and Video Messaging
    • 7.1 A compatible handset is required to send picture and video messages
    • 7.2 If you acquire a picture messaging handset from a non Tesco Mobile source you must inform your service provider in order for picture messaging to be set up on the Tesco Mobile network.
  8. Tariffs requiring Top-up – Capped Proposition
    • 8.1 Where we offer a Tariff that requires you to pay Credit onto your Account ('Top-Up') in addition to your monthly subscription, the terms and conditions in this Paragraph will also apply.
    • 8.2 You will need to Top-Up in order to make calls, sent texts and access data that are:
      • 8.2.1 not included in your Tariff; and
      • 8.2.2 made after you have reached the limits of your Tariff; (together “Chargeable Use”).
    • 8.3 Each time you use your Mobile Phone for Chargeable Use, the Top-Up associated with your Account will be reduced by the amount of the Chargeable Use. It is up to you to decide how much Top-Up to load onto your Account. If your Account has no Top-Up you will still be able to receive incoming calls, and use any Tariff limits that are available to you, but you will not be able to make any Chargeable Use of your Mobile Phone.
    • 8.4 You will be billed and required to pay your bill in accordance with the Bill Pay Services Terms and Conditions. Chargeable Use will be shown on your call history log only. It will not be included on your bill as a charge that requires payment. Any Top-up not used before your next Billing Date will be shown on your bill and rolled over for use the following month.
    • 8.5 Top-Up does not qualify for tariff limits or other Tariff limits which may be available on our Prepay Tariff(s).
  9. General Tariff Provisions
    • 9.1 Unused Tariff limits cannot be carried forward from one month to the next on any Tariff, except for your first Minimum Term. Existing customers transferring from one Tariff to another will lose any accrued rollover allowance.
    • 9.2 We will impose a maximum limit on your Account. The maximum limit does not apply to you if you are on a Tariff that requires you to top-up in addition to your monthly subscription.
    • 9.3 You may have up to five SIM Cards registered to each Account.
  10. When your Service Agreement begins
    • 10.2 If the Minimum Term of your tariff has been completed we will continue to provide you with the Services until either of us decides to end our Agreement in the ways outlined in the Tesco Mobile General Terms and Conditions found on our Website.
    • 10.3 Your order or request for a SIM Card and, where applicable, a mobile handset is an offer to receive the Bill Pay Services from us. Nothing that we do or say will amount to any acceptance of your offer until we dispatch (in the case of sales via phone or online at our Website) 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 Bill Pay Services to you. If we decline to supply the Service and you have already paid for it, we will give you a full refund of any amount paid.
    • 10.4 Monthly charges for your tariff will start when the SIM Card is activated. If purchasing the Service in a Tesco Phone Shop, your SIM Card will be activated automatically once placed in your phone. For all other sales, activation instructions will be provided to you with your SIM Card.
    • 10.5 For orders placed via phone or online, your mobile handset, and where applicable your SIM card, will be dispatched by courier post to your billing address.
    • 10.6 Whilst we make every effort to deliver your mobile handset, and where applicable your SIM card (where your order has been placed before 1pm) on the next working day after your online or phone order, we will not be held liable if we fail to do so in part or in full due to circumstances beyond our control. A signature will be required at delivery for orders that include a mobile handset. If this is required it will be explained to you before you place your order.
    • 10.7 When the SIM card and where applicable, the mobile handset is delivered to you, risk of damage to or loss of them passes to you.
    • 10.8 For tariffs that include a mobile handset, up to two handsets and five Bill Pay accounts may be registered to each Tesco Mobile Bill Pay customer account. However, to ensure availability of our SIM Cards, customers are limited to ordering or purchasing a maximum of five SIM Cards per transaction.
    • 10.9 Where SIM Cards and, where applicable, mobile handsets are dispatched separately, our acceptance of the order in respect of each item takes place when each SIM Card is dispatched.
    • 10.10 If we are unable to supply the SIM Card and, where applicable, a mobile handset for any reason beyond our reasonable control, we will not be liable to you.
  11. Minimum Term, billing dates and changing tariff
    • 11.1 Where the Minimum Term is one month, a new Minimum Term will start on the first day of the following 30 day period and each subsequent 30 day period unless you cancel our Agreement
    • 11.2 Where the Minimum Term is one month, our Agreement will continue on a monthly basis until you cancel our Agreement.
    • 11.3 Where the Minimum Term is greater than one month, our Agreement will continue on a monthly basis until you cancel our Agreement.
    • 11.4 If the Minimum Term of your tariff has ended, we will continue to provide you with the Services until either of us decides to end our Agreement in the ways allowed in the Tesco Mobile General Terms and Conditions.
    • 11.5 Your first billing period may be shorter than one month in which case you will be charged pro-rata for the Services until the next billing date.
    • 11.6 Subject to paragraph 12.7, where you have notified us that you wish to move to another Tariff, your new tariff will commence on your next billing date.
    • 11.7 If you change Tariffs for any reason e.g. moving to a promotional offer, any unused minutes, texts or data allowances will not be carried forward and your new plan will include pro-rata minutes, texts and data allowances until your next billing date.
    • 11.8 You may request a Tariff transfer by notifying Customer Care. However, within any Minimum Term, you cannot move onto a Tariff with a lower monthly payment unless the charges for the new Tariff exceed the total tariff charges for the remainder of the existing Service Agreement. This does not affect your right to cancel your contract under paragraph 3 (Cooling-off Period) or paragraph 5 (Ending this Service Agree you can also change to a higher plan if you wish by entering into a new Service Agreement.
  12. Call Charges
    • 12.1 Where tariffs include allowances for calls, texts or data up to a monthly limit, unused 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 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.
    • 12.2 You must pay your bill by the date stated on the bill.
    • 12.3 You will be liable for all charges incurred by use of the Bill Pay Services 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.
    • 12.4 The value of your usage outside your tariff is limited by TMI. The value at which this limit is set to is dependent on your billing payment history. You will be notified by text when you have reached 80% of this limit, and again at 100% of this limit. Upon reaching 100% of your limit your account will be restricted from making chargeable calls. When this happens you will need to call Customer Care and make a payment for the value of your usage to have the restriction lifted. Please note this can take up to 12 hours for normal service to be fully restored.TMI reserve the right to decrease a customer’s credit limit without notice.
    • 12.5 We will also monitor usage of the Bill Pay Services 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 Bill Pay Services on your mobile phone and/or we will have to suspend your Bill Pay Services. You will need to contact us before you can use any of the chargeable aspects of the Bill Pay Services.
    • 12.6 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 (outside of the EU) you will be charged for incoming and outgoing calls.
  13. Paying your bill
    • 13.1 You can pay your bill by any MastercardMasterCard or Visa credit card, Laser debit card or Visa debit card. Your credit/debit cards will be encrypted to minimise the possibility of unauthorised access or disclosure. All payments will be taken in Euros. If the amount to be paid or the payment dates change, we will notify you 14 days in advance of your account being debited.
    • 13.2 You can also pay by direct debit, which can be set up when you apply for Bill Pay Services. 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 a direct debit payment fails, you must contact Customer Care and pay your bill by credit card or debit card. If direct debit payments continue to fail on a regular basis, we may suspend your use of the Bill Pay Services.
    • 13.4 We may require you to pay your charges by direct debit. If you are paying by debit/credit card you authorise the card company to disclose to us and, under strict obligations of confidentiality, to our sub-contractors and/or agents, details about your debit/credit 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 on Our Website. Notification of when your bill is available will be sent to you by text message. 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 consist of 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 it.
    • 13.8 We may also use and share your details for the collection of any debts owed on your account. This may include the use of debt collection agencies to collect debts on our behalf or may include the assignment of debts to a third party company. The assignment of debts will involve the sale of your account information and your personal data to a third party company.
  14. A prepayment may be required for the device or price plan that is purchased.
    • The prepayment will be held until the next bill cycle after the expiry of the prepayment period, after which time the prepayment is applied as credit on your account.
  15. General
    • 15.1 You must let us know if you change your name, address, telephone number or payment details or there are any changes to your bank account or payment card arrangements

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