General terms and conditions for mobile communication services of Vectone Distribution GmbH as the reseller of Vectone Mobile (Austria) Limited

1. General Application
   1. The following Terms and Conditions shall apply to all services provided by Vectone Distribution GmbH ('Vectone') in the field of mobile telecommunications. Written individual agreements may be concluded only with Vectone, but not with their vicarious agents, e.g. sales partners
   2. The application of the general Terms and Conditions of the customer is excluded.
   3. Supplementary service descriptions and tariff definitions are part of the applicable Terms and Conditions and will be posted on Vectone website www.vectonemobile.at.
   4. The contract between you and us for the sale and purchase of services incorporates these terms and conditions, the respective specifications, the applicable fee terms and/ or any written individual agreement.
2. Contract Conclusion
   1. The contractual relationship between the customer and Vectone shall commence at the first top up of the SIM card by the customer, subject to the customer registering the Vectone SIM card in accordance to Clause 2.2 and 2.3 below (“Activation”).
   2. A registration of the customer by Vectone is mandatory, under the changes made to the Austrian Telecommunications Act (§ 97 Para. 1a TKG 2003). Since 01.01.2019, the legal obligation to register prepaid SIM cards before Activation applies. Activation of the SIM card without registration is no longer possible from this date. Registration of your prepaid SIM card can be done easily, at the following places:
      • In call and mobile shops
      • In selected retailers
      • Right here online
      Please take an official photo ID (passport, identity card or driver’s license with you).
   3. All Vectone prepaid customers who have completed Activation of their SIM card before 31.12.2018, must register their SIM card before the first recharge of their SIM card after 01.09.2019.
3. Proprietary Rights of Vectone SIM card
   1. Products sold to the customer remain the property of Vectone until they are paid for in full.
   2. The SIM card handed over to the customer does not become his property. The customer is obliged to carefully safeguard the SIM card until completion of the contract with Vectone.
   3. The Vectone services are activated immediately after the completion of first top-up of the SIM card and necessary registration by the customer in accordance to Clause 2 above.
   4. The customer shall immediately report any loss or theft of the SIM card. Such loss or theft must be reported to Vectone Customer Services at the following number - 0688 911 68 88. Vectone shall check the identity of the customer and then, at his request, lock the SIM card.
   5. Credit balances or charges for the communication to Vectone Customer Services shall be borne by the customer, in case of fault. This also applies to cases of other culpably, permitted or favoured misuse by third parties.
   6. Insofar as Vectone sends to the customer certain items (SIM cards, credit vouchers etc.) upon request, the latter bears the risk and costs of shipping.
4. Term and Automatic Termination of the Contract
   1. The contractual relationship is formed from the date of Activation (see Clause 2), for a minimum period of 12 months. The contract is automatically renewed for 12 month by recharging the credit through the customer account.
   2. In the event the customer does not recharge his account, the customer will receive a reminder SMS after 11 months, to recharge his account. Vectone services are still available for one month for passive connections within Austria. During this month, the customer still has the opportunity to extend the contract by recharging his account. Otherwise, the contractual relationship ends with the expiration of the contract.
   3. If the customer doesn’t recharge his account after the 12th month, then the contract shall expire automatically and the services will be terminated. Thereafter, the customer has a period of 6 months within which to claim any remaining and unused credit.
   4. Proper termination is excluded.
   5. After 90 days there is a minimum consumption of 1 € for every 30 days. For more information, please contact our Customer Service.
5. Payment
   1. The customer may purchase a credit from Vectone sales partners. The credit may be redeemed by entering the charging code into the device at any time up to the respective maximum amount. The credit allows the customer to use Vectone services. Once the credit has been used up, only passive connection will be available until a new top up takes place.
   2. Fees for Vectone services will be taken from the credit in whole cents, according to the valid rates and business rounding rules. We will charge your credit automatically with any incidental costs or processing fees.
   3. Separate accounting does not apply, except in cases provided for by law.
   4. The remaining purchased credit can be queried at any time by Vectone.
   5. When used abroad (where available), the roaming charges are also charged in this way.
   6. Credit and debit card payments are processed by Vectone Mobile, through the company Chillitalk Limited (registered in the United Kingdom, with company number 5506630, registered address being Level 18, 40 Bank Street, Canary Wharf, London, E14 5NR, United Kingdom) ) AND/OR Vectone Mobile Belgium SPRL (registered in Belgium under number 0846.489.504, whose registered office is at Silversquare Business Centre, Avenue Louise 523, 1050 Bruxelles, Belgium ("Merchant") on behalf of Vectone Distribution GmbH (registered in Austria, under company number FN426648z, Wienerbergstraße 11/12 A, 1100 Wien, Austria).
   7. PayPal payments are processed by Vectone Mobile, through its group company Vectone Network Limited (“Merchant”) (registered in the United Kingdom, under company number 8693390, registered office at Level 18, 40 Bank Street, Canary Wharf, London, E14 5NR, United Kingdom) on behalf of Vectone Distribution GmbH (registered in Austria, under company number 426648z, registered office Wienerbergstr. 11/12A, 1100 Wien, Austria).
   8. Customers who top up their account using PayPal cannot use the Call Credit Transfer service. This restriction is not applicable to other means of payment. “Call Credit Transfer” (CCT) means the service used to transfer any service call credit, which is described in more detail on our website.
   9. Security of your personal data is guaranteed. Vectone uses advanced security technologies and procedures to protect your personal data from unauthorized access. Your data, credit card numbers, and PINs are protected with Secure Socket Layer (SSL) encryption when they are transmitted over the internet.
   10. Payment with Paysafecard: For cross-border charging fees, we recommend that you consult the Paysafecard terms and conditions to learn more about exchange rates. All information can be found here: https://www.paysafecard.com/currency-calculator.
6. Service Description and Service Quality of Vectone
   1. Vectone, in cooperation with other network operators, offers mobile telephone services including Short Messaging Services (SMS) and GPRS services.
   2. A voice mailbox is available to the customer. The applicable fees for the retrieval of messages can be found in the current remuneration rules.
   3. The availability of roaming abroad, including the applicable tariffs, can be found on www.vectonemobile.at.
   4. Vectone operates the offered services with care, reliability and therefore ensures availability. Vectone cannot guarantee that these services are accessible without interruption or that the desired connections can always be established. Temporary failures in the communication network of Vectone as well as other disturbances cannot be completely ruled out. However, Vectone will make all reasonable efforts to keep any failure to a minimum and to fix any failures as quickly as possible. The customer must report faults, defects or other problems to Vectone immediately and allow Vectone or third parties commissioned by Vectone to rectify the faults. The report must be made to Vectone Customer Services (0688 911 68 88). If the customer is responsible for the solved problem, Vectone is entitled to charge for the services and expenses incurred during the fix.
   5. The advertised bandwidth of a tariff and the estimated maximum bandwidth can be found on our website www.vectonemobile.at under "rates". Depending on the circumstances (location of the current usage, device, network utilization) the actual speed may reach the (advertised) maximum speed assigned to the respective tariff. In the event of continuous or regular recurring deviation in speed or other service quality parameters between the actual performance of the internet service and the performance indicated, the customer is entitled to warranty (by improvement, exchange or, should this not be possible or reasonable, price reduction or repurchase of the contract in case the deviation is not temporary). Vectone services also depend on a variety of circumstances, which are beyond the control of Vectone (e.g. terrain, environment, wall thicknesses, obstacles, temporary unavailable power outages etc.); therefore, an assurance of certain reception conditions is not possible. Services offered abroad depend on network expansion and network availability of the respective roaming partners of Vectone.
   6. Vectone is an MVNO (mobile virtual network operator) and provides its services through the Network of the MNO (mobile network operator) T-Mobile Austria GmbH. For quality assurance and network planning, T-Mobile regularly carries out measurements of data traffic. The information obtained is used for capacity planning, increase resilience, stability and quality of the network and the services based on it. The data obtained from the systems show the call termination rate, success rate, data throughput rate, bundle period as well as alarm system diagnostics (failures of individual systems, fire alarms, intrusion alarms). These procedures have no impact on the quality of the services. Further information can be found at the T-Mobile homepage.
   7. Information on the impact of any volume restrictions, speed and other service parameters on our internet services can be found on our website www.vectonemobile.at under "rates".
   8. Vectone does not use content-based network management measures pursuant to Art. 3 (3) Regulation (EU)2015/2120.
7. Liability and Warranty
   1. Vectone is only liable for damages due to wilful intent or gross negligence. Liability for minor negligence, the replacement of consequential and pecuniary damage, loss of profit and third party claims against the customer are excluded. For consumers within the meaning of the KSchG, the liability for slight negligence is excluded, except for any damages caused by personal injury, the misuse of passwords and access data, and from any violations of the main contractual obligations. The liability of Vectone, for damages of entrepreneurs, is furthermore limited to € 730, - per claim. Vectone is not liable for damage caused by acts of non-attributable third parties, force majeure, power failure or effects from connected devices of the customer, theft, loss or unauthorized usage of the SIM card by a third party.
   2. Vectone primarily guarantees warranty by improving or replacing the defective item. Reimbursement of the purchase price is only valid for unused, undamaged, complete and original packaged products. Exceptions can be made in cases where improvement or exchange is not possible or reasonable. Warranty claims do not exist if the defect arises after the customer or a third party changes the product without the written permission of Vectone. In addition, the warranty obligation of Vectone is limited to the fact that Vectone knew about the defect or did not know grossly negligently. For consumers, iSd. KSchG, the statutory guarantee provisions apply.
   3. In the event of problems with the quality of the services, the customer is entitled to credit an amount to their account, (Google translation: relative to the use prevented by the disruption) related to the disturbance of the services. Therefore, the customer must contact Vectone Customer Services.
8. Contracts and Services provided by Third Parties
   1. All content that is accessed via Vectone's service numbers are offers of third parties, unless expressly marked as content of Vectone.
   2. Contracts or legal relationships with third parties, which are concluded or established via Vectone’s service numbers, exist only between the customer and the third party. Vectone is not liable for products, services or service damages resulting from these contracts.
   3. With the consent of the third party, Vectone may, on its behalf, accept collection from the customer.
9. Individual Proof of Payment and Remuneration
   1. If the customer is registered by name, they may request itemized bills. These bills shall contain at least the information of the start, duration, passive subscriber number and charge for individual connections. The passive participant numbers are shown in a condensed form.
   2. Vectone provides individual itemized bills electronically or in paper form at the end of every month. If the customer requests multiple copies of such itemized bills or modifications of the form of the individual itemized bills, Vectone is entitled to charge a fee for this. Upon request, the Customer can be provided with the itemized bill in paper form even if he receives the electronic version usually, with no extra costs.
   3. Possible objections to individual itemized billings or parts of it by the customer must be raised within 4 weeks after the receipt of the invoice in written form. After this period, the data and prices contained have been accepted. This does not exclude a judicial challenge. Vectone will inform the customer about the period and the effects of its expiry. In case the customer does not receive any itemized billings, this period begins to run with the financial settlement of the affected connection.
   4. Objections to individual itemized bills or parts thereof must be made in writing by the customer within three months of receipt of the invoice. After expiry of this period, the data and prices contained therein shall be deemed accepted. This does not exclude a legal challenge. Vectone will advise the customer of this time limit and the effect of its expiry. If the customer does not receive any itemized billings, this deadline begins to run with the relevant connection being charged.
   5. In the event of objections, Vectone shall check all the factors used in the calculation and confirm in writing the correctness of the individual itemized bill or amend accordingly and Vectone shall thereafter replace the excessively calculated credit (if any) within a reasonable period of time. In case there is a mistake in the billing which could have acted to the detriment of the customer and the correct charge is no longer ascertainable, then, without prejudice to a judicial decision, a lump sum will be calculated based on the average extent of the customer’s call charges of the communication services used during the previous month, if Vectone can demonstrate it convincingly (Section 71 (4) TKG), and the overpaid balance must be replaced.
10. Dispute Resolution Proceedings pursuant to § 122 TKG 2003
    1. Customers and representations of interests have the opportunity to participate in disputes or complaints, without prejudice to the jurisdiction of the ordinary courts, within the legal deadline of one year from the first logged complaint of the customer to the customer regulatory authority (Rundfunk und Telekom Regulierungs GmbH, 1060 Vienna, Mariahilfer 77-79), particularly in the case of alleged qualitative deficiencies in services, payment disputes and alleged violations of the TKG (§§ 71, 122 TKG 2003). This will endeavour to find an appropriate solution. Procedures and necessary documents are available on the website of the regulatory authority at www.rtr.at.
    2. The jurisdiction of the ordinary courts shall remain unaffected by the above dispute settlement procedure. In these cases, objections can be made within six months from the debiting of the corresponding amount from the customer's credit, otherwise the corresponding claim is deemed to be accepted. The dispute settlement procedures shall limit the expiry of this period.
11. Transfer of Rights and Obligations
    1. The customer is entitled to transfer his SIM card, and his rights and obligations under this agreement.
    2. Vectone may transfer its obligations or the entire agreement to third parties, without the prior consent of the customer, provided this does not have a debt-free (or debt-discharging) effect.
12. Caller ID Display
    1. The telephone number of the customer is visible for third parties when making calls to correspondingly suitable third party devices ("caller ID display"). The customer has the option to suppress such an advertisement, except in the case of emergency calls, for each of his calls as a permanent or individual, independently and free of charge.
    2. Additionally, he can suppress the display of the number of incoming calls independently and free of charge.
    3. If the number is already displayed before the connection is established, the customer has the possibility of declining incoming calls, for which the call number display has been suppressed independently and free of charge.
    4. When displaying the customer's number as the called party, the customer has the option of independently suppressing the display of his call number by the caller.
13. Service Interruption or Disconnection
    1. Vectone is entitled to interrupt or shut down a service(s) if:
       The customer does not comply with the terms and conditions or other agreements, or is suspicious to act criminal or offensive (spamming, hacking, etc.) with Vectone services, or if the customer, despite the request to omit the usage of network interfering or unauthorized devices.
    2. If the interruption or disconnection of services is represented by the customer, a processing fee as well as a reactivation fee will be charged.
    3. If the Vectone services are not used at least once every 120 days, the Vectone Mobile SIM card is disconnected from the network, the agreement terminates, credits that have already been activated on the card but not yet expired will be forfeited and you will lose the number.
    4. Vectone is entitled to interrupt or shut down one of the services if the customer does not comply with the essential obligations contained in the terms and conditions or in other agreements, or suspects that the customer with the help of Vectone Services criminal or unlawful Acts (e.g. spamming, hacking, etc.) realized or the customer despite the request to omit the network uses interfering or unauthorized terminals.
14. Extraordinary termination
    1. For important reasons, both parties can terminate the agreement extraordinarily at any time and without prior notice. The termination must be sent in written form or by fax.
    2. Important reasons for Vectone are particularly, but not exclusively, those listed in point 13.
15. Refund and Expiration of Unused Amounts
    1. Unused amounts may be reclaimed by the customer, provided that they are based on actual prepayment made with respect to the respective subscriber connection.
    2. The recovery of unused amounts shall not be earlier than twelve months since the last charge. The customer must prove his legitimacy.
    3. A processing fee is payable in advance for the refund. The amount is determined by the applicable rates. The agreement ends with the reimbursement.
    4. If the customer does not assert his claim for reimbursement of the remaining recharge amount until the expiry of the 19th month after the last loading process which extends the contractual relationship, this shall be understood as a waiver of the unused amounts and these expire. If, until the end of the 19th month after the last charging period, the customer has not claimed the aspiration for restitution of the remaining charges, the customer will be deemed to waive the unused amounts and forfeit them. At the beginning of the deadline, the customer shall be notified separately and in an appropriate form to assert his entitlement of the period as well as the consequences of their unsuccessful passing.
16. Number forwarding
    1. Each customer has the right to keep his number while moving to another operator. The porting of the telephone number is carried out exclusively by a request of the applicant at the new operator, whereby the required data transmission information (NÜV-I) is issued by the old operator, and will be carried out by a request at the issuing or the potential accepting operator.
    2. Vectone calculates the charges for the number porting according to the valid remuneration fees.
    3. The porting can be refused if the customer’s current credit does not cover the porting costs, except in the cases provided by law, but also then.
17. Changes of the Terms and Conditions
    1. Vectone is entitled to change the terms and conditions. Changes to the terms and conditions, the services offered in the mobile telephone area and fees are published on the Vectone website at www.vectonemobile.at.
    2. Amendments of the terms and conditions or fees, which are not beneficial for the customer will be published at www.vectonemobile.at two month before they become effective. Furthermore, the customer shall be notified about the changes at least one month before they become effective. This information can be printed on a monthly bill. In addition, such amendments of the terms and conditions or the fees the customer is allowed to terminate the contract until the changes become effective. This extraordinary right of termination shall not apply expressly if the changes act only in favour of the customer or the charges are increased according to an agreed index.
    3. Vectone reserves the right to choose the networks of its services. Such change does not count as an amendment of the terms and conditions as mentioned in paragraph 17.
18. Changes of Customer Details:
    1. After the customer registers his / her details, he / she must inform Vectone about any changes to those details immediately.
    2. If the customer does not disclose such changes and therefore does not accept legally significant declarations from Vectone, the declarations shall still be regarded as received when they are sent to the last known address.
19. Privacy Policy
    1. Vectone collects, processes, and stores personal information of the customer, including first and last name, academic grade, residential address, subscriber number, e-mail address and other contact information for messages, information of the agreement and credit rating until the end of the contract, which is necessary for the provision and allocation of the agreed services or for compliance with legal requirements by Vectone.
    2. Master data are last- and first name / company, academic degree, residential address, participant number and other contact details for messages, bank or credit card details, the type and content of the contract and the creditworthiness.
    3. Traffic data is data used for the purpose of forwarding a message to a communication network or for the purpose of billing this operation.
    4. Master data will be deleted 7 years after the end of the contract with the customer.
    5. Traffic data are stored for 63 months after the payment of the charges. A longer storage is allowed due to accounting reasons or legal obligations.
    6. For accounting reasons, data will be saved if the invoice is not paid until the expiry of the period up to which the claim of the payment has been asserted or if a time-bargain objection has been lodged up to the expiry of that period, within which the settlement can be legally challenged. In the case of a dispute the data will be kept until a final decision is made. In all other cases the traffic data is deleted after the three-month deadline.
    7. Vectone uses advanced security technologies to protect your data. However, absolute safety cannot be guaranteed.
20. Customer's Consent
    1. The customer agrees that his personal data can be used for marketing activities exclusively by Vectone to continue the offered services and to provide optimal customer care, in accordance to the Privacy Policy.
    2. The customer agrees that Vectone can contact him by e-mail, SMS or fax for advertising purposes. The sending of information about similar products and services provided by Vectone by SMS or e-mail can be rejected at any time and free of charge.
    3. The customer agrees that Vectone will change the network operator and authorizes Vectone to arrange all necessary steps and explanations on his behalf. The contractual obligations between Vectone and the customer remain.
    4. In addition, the customer agrees to the mailing of notices about an imminent deactivation of the SIM card by mailings or SMS messages.
    5. All of these approvals may be revoked by the customer at any time.
21. European Emergency Number
    1. The consistent European emergency number is 112. The local emergency services (police, rescue, fire brigade) can be reached in all member states of the European Union, free of charge.
22. Applicable Law and Court Agreement
    1. If this contract is not a consumer business within the meaning of the KSchG, this Agreement shall be governed by the laws of England and Wales and the jurisdiction of the competent English court.
    2. For consumers within the meaning of the KSchG, the court of jurisdiction is the place of permanent residence or habitual residence or place of employment at the time of the conclusion of the contract.

The Services under the Agreement are provided to you by, Vectone Distribution GmbH a company registered in Austria,Wienerbergstraße 11/12 A, 1100 Wien, Austria under company number  FN426648z  trading as Vectone Mobile (hereinafter “Vectone Mobile”, “we”, “our” and “us”)

1. Definitions
These words have the following meanings:
Account means the airtime account that we use to record your Charges;

Additional Services are services that we offer to supply which are added to the Services when you request them, or where we do not require you to request them when you use them. The Charges and terms and conditions for Additional Services are available online and from our customer services team;

Agreement means the contract between you and us for the sale and purchase of Services incorporating these terms and conditions, the terms of any Additional Services, the terms of your
Allowance and/or the Charges for the Basic Services we have agreed to supply to you;

Allowance means the allowance of Services that we provide to you for an agreed recurring monthly Charge;

Basic Services means the services we have agreed to supply to you other than Additional Services including but not limited to call and messaging services that we provide using the Network;
Billing Date means the first day of the relevant calendar month;

Charges are the charges applicable for the Service including, but not limited to, usage charges, Allowance charges and the charges applicable for any Additional Services that you order from us or use;

Equipment is any equipment you use to access the Services where that equipment is approved for use on the Network by us;

Minimum Term means the minimum period for which you have agreed to receive your Allowance;

Network means the mobile communications network we use to provide you with the Services;

Number means the mobile telephone number we assign to you or which you port to us which is associated with your Account;

Personal Information means information we hold about you that you provide to us or which we collect whilst providing the Service to you and includes but is not limited to personal data and traffic data;

Roaming means an Additional Service which allows you to use networks in foreign countries so the Services can be used whilst abroad. Additional Charges apply to roaming.

SIM card means a subscriber identity module (SIM) which stores data for GSM mobile users such as numbers, personal security keys and stored messages.

Services mean the Basic Services and any Additional Services that we provide to you which you access using a Vectone Mobile SIM.

Vectone Mobile SIM means a SIM card provided to you by us that remains our property and which when used with the Equipment grants you access to the Services;

Virus is a computer program that can corrupt, damage or destroy a computer system of its data without the permission and/or knowledge of the user of the system it infects.

Website means https://www.vectonemobile.at/
 
2. Agreement and Minimum Term
(a) This Agreement is formed once we accept a request for Services from you.
(b) Once the Agreement is formed, we will open an Account for you and provide you with a Number.
(c) Where we provide you with a Vectone Mobile SIM we will activate your Allowance when the Agreement is formed. This is however subject to validation checks.
(d) You understand that by using our Services you agree to be subject to the Terms and Conditions and to pay the Charges associated with the Services.
(e) A Minimum Term applies to the Agreement and is as set out in your Allowance. The Agreement will continue for the Minimum Term and you are liable for the Charges for the Minimum
Term.
(f) The Agreement may be cancelled prior to the expiry of the Minimum Term in accordance with clause 9.
(g) When the Minimum Term expires, the Agreement will renew automatically for further periods of one (1) month term unless and until terminated in accordance with clause 9.

3. Vectone Mobile SIM
(a) You agree to take all reasonable steps to prevent damage to or loss or abuse of the Vectone Mobile SIM.
(b) If your Vectone Mobile SIM is lost, stolen or damaged such that it no longer allows you to access the Services you must report it to customer services as soon as possible. We may charge you for a replacement Vectone Mobile SIM.

4. Services
(a) We aim to enable you to always use the Services. Unfortunately these may be affected by matters beyond our control, including but not limited to the weather, other networks and faults, or by our maintenance of the Network.
(b) We will make all reasonable efforts to avoid periods of unavailability and to try and resolve any problems within our control as soon as possible.
(c) We use reasonable efforts to make commercial arrangements to enable Roaming but we cannot and do not guarantee the quality and coverage of foreign networks.
(d) Vectone mobile reserves the right to withdraw or suspend the services or to disconnect you if we suspect that offer is being used for commercial purposes, for conferencing, or if it is not being used in a handset (in a SIM box for example), or if it is being used for tethering.

5. Charges and Payment
(a) On your requesting Services by means of an Allowance, we will collect payment for the first month’s Allowance Charges by credit or debit card. Where you request Services on a date other than the Billing Date, any excess Allowance Charges paid for the first month’s Allowance Charges will be credited to the second month’s Allowance Charges. From the second month of your subscription onwards, your Allowance will be invoiced monthly in advance on the Billing date. The Allowance Charges will be taken by Direct Debit, Debit / Credit card associated with your Account on or on after the 10th of each month. Allowance Charges will be charged regardless of whether or not you have used all of your Allowance in the relevant month.
(b) All additional Charges will be invoiced on the Billing Date and charged monthly in arrears on or after the 10^th of each month. Unless you have elected to pay by credit or debit card prior to the relevant as set out in 5(a), Charges will be taken by Direct Debit and Charges will be collected by Chillitalk Limited (registered in the United Kingdom under number 5506630, registered office at 54 Marsh Wall, London E14 9TP, United Kingdom) on behalf of Vectone Distribution GmbH.
(c) The Charges are available online at https://www.vectonemobile.at/ and from our customer service department. Itemised bills are available by accessing your Account through our Website and these may be provided by a third party. You must pay all Charges before the due date as set out on your bill and such Charges must be paid by your credit or debit card. Where you fail to pay the Charges by the due date, we may charge you interest at the rate of 8% above the base rate of Central European Bank and you will be responsible for any administration and/or collection fees we incur in the recovery of the late Charges. We may also debit the Charges due from the credit/debit card supplied by you. Please note we may also elect to terminate the agreement pursuant to clause 9.
(d) A credit limit three times of your monthly Allowance will be applied to your Account for excess usage. Where your Account exceeds this credit limit, we may suspend your access to the Services. You are responsible for checking that your account does not exceed the credit limit. We may request that you make an interim payment prior to restoring your Account; this shall not exceed the Charges due in your Account.
(e) We wish to remind our customers that you will be subject to extra credit limits should you go beyond your monthly allowance. This limit will only affect calls and texts - but not your data usage.
(f) Where you elect to switch your subscription to another Allowance, you will remain on and be charged your current Allowance until the next Billing Date where your new Allowance will be activated.
(g) The Credit and Debit Card payments are processed by the Vectone Group company Chillitalk Limited (registered in the United Kingdom under number 5506630, registered office at 54 Marsh Wall, London E14 9TP, United Kingdom) (“Merchant”) on behalf of  Vectone Distribution GmbH (registered in Austria, number FN426648z, Wienerbergstraße 11/12 A, 1100 Wien, Austria).  Customer acknowledges and agrees that he/she shall revert any dispute concerning Debit / Credit Card payment exclusively to Vectone’s Customer Service. In the event that Customer will dispute the Debit/ Credit Card payments not in compliance with the above provisions, Vectone reserves the right to suspend the Services.
(h) Security of your personal information : Vectone Mobile uses advanced security technologies and procedures to protect your personal information from unauthorised access. Your details, credit card numbers and PINs are protected with Secure Socket Layer (SSL) encryption when transferred over the internet.

6. Use of Services and your obligations
(a) You agree NOT to use the Services and NOT to permit any third party to use the Services:
i. For anything unlawful, immoral or improper;
ii. To make offensive or nuisance communications in whatever form, or to make or receive reverse charge calls;
iii. With equipment that is not approved for use with the Network including, but not limited to, SIM-boxes and SIM-gateways;
iv. To supply goods or services to any third party;
v. To send, receive, upload, download or otherwise facilitate any material which is offensive, indecent, defamatory, of a menacing nature, a nuisance, a breach of privacy, an infringement of copyright or any other intellectual property right or otherwise unlawful;
vi. To gain access to the services of any third party voice over internet protocol calling provider unless expressly permitted by us;
vii. To transmit a Virus; and
viii. For the purposes of providing telephony and/or other services to third parties which rely on the Services.

(b) You agree TO:
i. Give us any information we reasonably request;
ii. Follow our reasonable instructions;
iii. Comply with the instructions and demands of other networks where you are roaming;
iv. To inform us of any changes in your contact details where you have previously registered these with us. Where you fail to do so you agree that delivery of notice to the contact details we have is effective; and
v. Tell us of any claim as soon as possible
vi. Pay the Charges as they fall due.
(c) Fair use policies may apply to specific Services that we provide to you. Where they do we will post them on our website and you agree to abide by them.
(i) 3000 SMS per month has limit of 100 SMS per day.
(ii) Standard rate will be applied beyond 100 SMS.
(d) Any failure to comply with any of the terms of this clause 6 is a breach of this Agreement that entitles us to terminate this Agreement.
(e) Each minute will be deducted twice, when the customer call to Pakistan Mobilink operator. (For example if you spend an hour on the phone you will lose two hours worth of minutes.)

7. Cancellations
(a) Where you order Services from us and we have confirmed acceptance of your order the following terms apply:
(i) If the SIM is defective, you must inform us within 14 days. If you fail to do, you are deemed to have accepted the SIM.
(ii) Where a claim of defect or damage is made we shall deactivate the Services. If on inspection / investigation we find the goods to be defective, you shall be entitled to provision of replacement Services of the same type and denomination.
(iii) If the order has not been delivered to the address defined within 14 calendar days from the order date, you can claim for the refund of the SIM card price paid and at the same time Vectone will proceed legally to cancel the order. Customer acknowledges and agrees that the written notice of missed delivery should be received by Vectone within the 14^th day from the order.
(iv) Where you have the right to cancel and want to cancel the Agreement you must write to our customer service team at Wienerbergstraße 11/12 A, 1100 Wien, Austria ensuring that your letter reaches us before the expiry of your right to cancel.
(v) Where you have the right to cancel and give  notice to us that you want to cancel, we agree to return any payment made by you within 30 days of the date on which we receive your notice.

8. Suspension of the Services
(a) We may suspend or cease supplying the Services to you without warning where:
i. You are in breach of one or more terms of these terms and conditions or someone who uses your Vectone Mobile SIM or Equipment is in breach of them;
ii. the Network breaks down or needs maintenance. Vectone Mobile tries to minimise these cases;
iii. anyone who uses the Equipment or a Vectone Mobile SIM does not keep to the conditions of this Agreement; and
iv. your use of the Services damages the Network or puts the Network at risk.
(b) Where we suspend this does not affect your obligation to pay the Charges, save in the event of suspension or disconnection as a result of our maintenance of the Network which extends beyond three days and affects the entire Network in which case we will not charge any service Charges for the period in which you cannot use the Services.
(c) We may apply a fee to reconnect the Services where we have suspended them and/or disconnected any Vectone Mobile SIM from the Network under 8.(a)i., 8.(a)iii. or 8.(a)iv.
(d) Our right to suspend the Services under this clause 8 does not affect any other rights we have to suspend or terminate this Agreement.

9. Termination
(a) Either party may cancel the Agreement on giving at least thirty (30) days’ notice. Where you cancel the Agreement, you must pay the Charges due on your account including Allowance Charges due for the remaining Minimum Term, if any. These outstanding Charges will be collected by Direct Debit or Debit / Credit card. For the avoidance of doubt, porting your number to another communications provider has the effect of terminating the Agreement.
(b) You may also terminate the Agreement where Vectone Mobile is in breach of a material term of the Agreement which is not remedied within 14 days of you asking us to do so.
(c) We may terminate this Agreement IF:
i. You are in breach of any term of this Agreement which is incapable of remedy or where you are in breach and we have asked you to remedy that breach but you have not within 7 days of our asking you to do;
ii. We suspend it in accordance with clause 8;
iii. You become insolvent or are made bankrupt; or
iv. We are no longer allowed to operate the Network or provide you with the Services.
10. Notice
(a) All written notices to us have to be sent to:
Vectone Distribution GmbH
Wienerbergstraße 11/12 A,
1100 Wien,
Austria
 
notice@vectone.com
 
11. Liability
(a) Save for personal injury or death as a result of our negligence our liability to you under this contract is limited to €3,000 for an incident and all related incidents and a maximum of €6,000 in any 12 month period. Notwithstanding the foregoing, we are not liable to you in any way for any loss of income; business or profits; or for any loss or damage that was not reasonable foreseeable when you entered into this Agreement.
(b) We are not liable to you where we cannot fulfil our obligations under this Agreement as a result of something beyond our reasonable control and expectations.
(c) We are also not liable to you where we are unable to provide the Services as a result of the maintenance of our Network.
(d) Where you lose the Vectone Mobile SIM or it is stolen you remain liable for any Charges incurred whilst the Vectone Mobile SIM is not in your possession but before you tell us that is has been lost or stolen. This includes, but is not limited to cases where your Vectone Mobile SIM is cloned.
(e) If as part of the Services we enable you to access the internet you agree that we are not liable for any content that you access, upload or download whether knowingly or not except for content that we make available to you directly.
(f) This clause 11 survives the termination of this Agreement.

12. Third parties
(a) This Agreement shall not confer any benefit on a third party under the Contracts (Rights of Third Parties) Act 1999.
(b) Notwithstanding the foregoing you may be capable of contracting with one or more third party when you use the Services. Where you contract with a third party whilst using the Services you confirm and understand that we are not a party to that Agreement even where payments due to that third party are deducted from Multifunctional Top-up Vouchers recorded against your Account.

13. Amendments
(a) We may make reasonable amendments to the Agreement on giving you prior notice.
(b) We may also change your Number where we reasonably require. Where we do so, we will give you prior notice and explain why.
(c) Amendments will also be published on the website and you agree that the publishing of these notices has the same effect as our giving you written notice by post.

14. General
(a) You may not transfer any rights or responsibilities under this Agreement without our expressed written consent.
(b) We may assign this Agreement at any time without your prior consent provided that such assignment does not affect the Services.
(c) Failure by us to enforce any of the terms of this Agreement shall neither be construed as a waiver of any right or remedy nor shall in any way affect the validity of this Agreement, or any part thereof, and no waiver of a breach of this Agreement shall constitute a waiver of any other breach.
(d) Termination of this Agreement shall not operate as a waiver of any breach by you of any of the terms of this Agreement and shall be without prejudice to our rights or remedies which might arise as a consequence of such breach, or which may have accrued up to the date of such termination.
(e) A finding that a term of this Agreement is, or has become, invalid, illegal or unenforceable in any respect under governing law shall not affect or impair the validity, legality or enforceability of any other terms of this Agreement so long as the purpose of this Agreement is still capable of performance.
(f) This Agreement is governed by the Laws of Austria and any dispute arising out of this Agreement is subject to the jurisdiction of the Courts of Austria.
(g) Notwithstanding the above you may be able to refer a dispute arising out of this Agreement for alternative dispute resolution pursuant to our Customer Complaints Code (which can also be requested from our Customer Services Team).
(h)Switching from PAY AS YOU GO to PAY MONTHLY
Customers who decide to switch from PAY AS YOU GO to PAY MONTHLY will lose the benefit of any outstanding Credit, offer and/or bundle registered on their Account and will need to pay the full price of their PAY MONTHLY subscription, regardless of the amount of outstanding Credit on their Account at the time they decide to switch.

Allowance Specific Terms
i. All bundle minutes/texts/internet exclude roaming use, calls to international destinations and calls/texts to number translation services, premium rate numbers, 0870 numbers and personal numbers.
ii. Standard Pay monthly rates apply to any usage in excess of your bundle Allowance (or fair use policy limits) and for usage Charges for Additional Services or services not included in your Allowance.
iii. Fair usage policy: In order to avoid fraudulent and/or commercial misuse, SMS usage is subject to a fair use policy of 100 SMS per day. Once your usage reaches this amount, your SMS feature will get blocked and you will need to contact our Customer Service Team to justify your usage and get it unblocked.
iv. The offer is for non-commercial, private, personal use only - Vectone mobile reserves the right to withdraw or suspend the services or to disconnect you without prior notice and with immediate effect if we suspect that offer is being used for commercial purposes, for conferencing, or if it is not being used in a handset (in a SIM box for example), or if it is being used for tethering or any other reason Vectone reasonably suspects that you are not acting in accordance with this policy where we consider that the usage was illegitimate (for instance in case of abusive, unusual or fraudulent usage).
v. The Minimum Term of all bundles is thirty (30) days.

Using data while roaming
i. Customer will receive notification on your monthly data limit.
ii. Customer will be automatically limited for €50.
iii. Customers will be notified at 80% and 100% of their monthly data limit.
iv. Once customer reaches 100% of data limit, data usage will be blocked.
v. Data usage will also be notified at the next charging point when you are in UK and Europe and for rest of the world it’s when midnight in the Austria.

Unblocking and blocking the data usage.
To unblock
i. Text UNBLOCK to 3311 or call 2211 from Vectone for free.
To block
i. Text BLOCK to 3311 or call 2211 from Vectone for free.