General terms and conditions of Postfone Prepay Mobile Telecommunications Service
1. Introduction
1.1 The parties: The Services covered by this Agreement are provided to you by An Post trading as Postfone. An Post´s registered office is at GPO, O´Connell Street, Dublin 1. In this Agreement, when We say Postfone, We, Our or Us we mean An Post trading as Postfone. When We say Customer, You or Your we mean you, Our customer
2. Definition
Roaming, access to Services charged at premium rates or Content) which
details in Our Tariff Table that apply to Your account. Additional terms may apply to Additional Services or any promotional or special offers but We will notify You of these before they apply;
"Call" means a transmission made over a telecommunications network for the purpose of communicating a voice or data message (which includes, without limitation, short text messages, multi-media messages and calls to WAP services);
"Call Content" means the content of any voice or data Call received or made by a You over the Network;
"Charges"means the charges for the Service as published in Postfone´s Tariff Table including, but not limited to, service options, tariff charges, Call charges (which may vary depending on the type of Call made), GPRS Connection charges and administrative charges and charges for certain Third Party Services which the Customer may choose to receive;
"Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service and/or a Third Party Service;
"Credit" means credit paid to Your Account, either by voucher, Electronic Top Up, credit or debit card, or other means provided by Us;
"Mobile Phone" means the Customer´s type approved mobile terminal and the SIM which is connected by Postfone to the Network pursuant to this Agreement;
"GPRS" means the General Packet Radio Service used by GSM mobile phones for transmitting Internet Protocol packets;
"Messaging Services" means the voicemail storage and retrieval service and/or any other type of message storage and retrieval service that We may offer from time to time;
"Mobile Phone Number" means the ten digit Mobile Station Integrated Services Digital Network Number programmed into Your SIM (e.g. 087 123 4567);
"Postfone Prepay " means paying the Charges in advance by purchasing Credit before using Our Services;
move Your Mobile Phone Number from Your Donor Operator (as defined in clause 16.3) to another operator without altering the Mobile Phone Number. Words such as Porting, Ported, etc shall be construed accordingly;
a network belonging to another operator, usually in a foreign country;
"Service" means the prepaid mobile telephony service provided by Us, which enables You to make or receive Calls over the Network and any Additional Services provided by Us over the Network from time to time;
"SIM" means the SIM card which contains Your Mobile Phone Number and enables You (together with a handset or other equipment) to access Our Services;
"Tariff Table" means Postfone´s current list of Charges and prices which is updated from time to time and available on Our Website, in Our latest catalogue, or from Us upon request;
"Third Party Service" means any service promoted or provided by third parties to You over the Network;
"Top Up" means a voucher, receipt or other pre-payment mechanism that allows You to add Credit to Your account by one of the means We offer so that You can access Our Services;
3. General
3.1 These Terms and Conditions and the terms and conditions of any applicable Service options or promotions constitute a legally binding contract between Us and You.
3.3 Please note that various related Postfone products and services and Third Party services may be subject to additional terms and conditions which You are advised to read.
3.4 A person who is not a party to Your Agreement with Us has no right to enforce any part of this Agreement but this does not affect any right or remedy of a third party which exists.
4. Changes to this Agreement, the charges or Our services
4.1 Making changes: We may change this Agreement for any commercial, technical or operational reason. We may also change this Agreement at any time for Network security reasons, legal or regulatory reasons, or if We wish to have all of Our customers on the same terms and conditions for Services. We may also need to change or withdraw all or part of Our Services or any Additional Services if they are uneconomical, technically impractical, not fulfilling their purpose for You or Us, or as a result of changes in technology or changes made by Our Network supplier. We may also change Our Charges or introduce new Charges.
4.2 Details of any changes: Any changes We make will be available on Our Website or be available from the Postfone Customer Care Team on request. Changes to the Charges will be reflected in the Tariff Table. Please check Our Website regularly for any changes.
4.3 Significant changes: We will notify You at least one month in advance of any change coming into effect if We make any changes to Your Agreement, the Services or any Additional Services You are using, or to the Charges for any Services or Additional Services You are using, which are likely to be of material detriment to You.
4.4 Non acceptance of changes: If You do not accept any changes notified to You in accordance with clause 4.3 You can cancel this Agreement or are free to stop using Our Services. If Your account is in Credit We will refund You the amount of any Credit You have paid for To claim Your refund You must write Us at Postfone, GPO, O´Connell Street, Dublin 1 within 90 days of the date of the change coming into effect. For the avoidance of doubt, You have no right to a refund of any initial airtime or other Credit We may have credited to You as a gift or bonus or as part of a promotion or which You have not paid for.
4.5 Acceptance of changes: Any continued use of Our Services or Additional Services after the date of the change will be deemed to be acceptance by You of the relevant change.
4.6 Communicating with You: If We do need to notify You of a change in accordance with clause 4.3, or otherwise need to communicate with You in respect of Our Services or this Agreement, then We will do this by sending You an email or a text message. However, We may also choose to communicate with You by any of the following means as well: by mail, phone, electronic messaging, by placing a recorded message on the phone number 1747 or such other number as We may specify, by the means set out in clause 5.3, or by some other means. We will use the most recent contact details that You have given Us (if any).
5. Governing Law, notices and other legal provisions
5.1 This Agreement is personal to You, the Customer. You may not assign or otherwise transfer the Agreement in whole or in part.
5.2 Any waiver, concession or extra time permitted by Us is limited to the specific circumstances in which it is given and does not affect Our rights under this Agreement or at law or equity in any other way. This Agreement is governed and construed in accordance with the laws of Ireland and the parties submit to the non-exclusive jurisdiction of the Courts of Ireland. Any reference to any legislative act or provision shall, unless the context otherwise requires, be considered as a reference to such act or provision as amended, re-enacted or replaced.
5.3 Any notice which may be given by Us shall, without limiting the manner in which We may give such notice, be deemed to have been duly given if the notice is sent to You by ordinary post at Your last notified address on the second postal day after the date of posting or, if the notice is addressed to some or all Customers by advertisement, on the close of business on the day the advertisement appears in the national press or if sent to the Customer by text message to the Mobile Phone, four hours after sending. Notices may be incorporated in or associated with any other communication from Us.
5.4 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision(s) in question shall not be affected thereby.
5.5 A copy of Postfone´s Customer Care Code of Practice shall be available on the Website or from Us upon request at 1850 789 789 or such other number as We may specify.
5.6 Disputes between You and Us relating to the Agreement will be dealt with in accordance with the dispute resolution procedure set out in Our Customer Care Code of Practice which is available on Our Website.
6. Service
6.1 We do not represent or warrant that the operation of the Service or related Postfone products and services will be uninterrupted, timely, secure or error-free or that it will meet any of Your specific requirements. In particular We do not represent or warrant that Calls will not be dropped, GPRS connections will not be lost, transmission of data calls shall occur at any particular speed or that all traffic can or will be transmitted by the Network. We do not accept responsibility for the security of GPRS connections. You use any GPRS connection at Your own risk and are solely responsible for adopting such appropriate security measures against unauthorised access to and interference with the Mobile Phone (or associated software/hardware and data) as may be necessary.
6.2 We will try to make Our Services available to You at all times but quality and availability could be affected by factors outside of Our control, such as the weather, physical factors, or faults in the Network or any other networks used to provide the Services to You. The Network We use for the provision of Our Services may from time to time need upgrading, maintenance or other work which may result in interruptions or unavailability. Where this is the case and Our Network provider has informed Us, We will detail any interruptions or unavailability on Our Website and details will also be available from Our Team. We will do all We can to keep such unavailability to a minimum.
6.3 We may modify or suspend the Service wholly or partially, with or without notice, if such action is deemed necessary by Us (e.g. for maintenance, security or other valid reasons) or if We are requested by an authorised authority to do so. All reasonable efforts shall be made to minimise such Service disruptions.
6.3 We reserve the right, without prejudice to any other provisions of this Agreement, to issue such reasonable instructions concerning the use of the Service as may be necessary in the interests of safety, quality of service, other customers or telecommunications services as a whole, or for any other valid reason We deem sufficient.
6.4 You may not make certain types of Calls using the Mobile Phone. Please refer to Postfone´s Customer Guide for details.
6.5 All incoming voice calls which are not answered or which are received when the Mobile Phone is busy, switched off or out of coverage will be automatically diverted to the Postfone voicemail service and this function may not be altered.
6.6 We make no representation and give no warranty as to the quality, availability, suitability or timeliness of any Third Party Service. We reserve the right to suspend or withdraw access to all or any such Third Party Services on a temporary or permanent basis at any time. Your use of such Third Party Services is at Your sole risk and We shall not be responsible or liable for any loss or damage suffered by You arising from the use of such Third Party Services. We may be required to charge You for such Third Party Services.
6.8 Acceptable use: We may publish a Fair Use Policy in respect of some of Our Services or any Additional Services. The Fair Use Policy will provide rules and further details around how such Services or Additional Services can be used. We will do this to help Us prevent fraud and to ensure that excessive use of such Services or Additional Services does not prevent Our customers from enjoying such Services or Additional Services. We will notify You in advance if We do publish such a policy and such policy will also be available on Our Website or from Our Team on request.
7. Charges
- We will normally offer a range of tariff plans with different rates and methods of charging. Charging rates and methods may vary depending on the type of Call sent or received. We may from time to time vary the Charges, the tariff plans (and tariff rules applicable thereto), rates or methods of payment and the terms of these. We reserve the right to cease offering and/or replace Our tariff plans from time to time. Existing tariff plans may not always be available. You are advised to read the Postfone Tariff Table which is available on Our Website or by contacting Us. You may change from one tariff plan to certain other tariff plans subject to the tariff rules applicable to the plans.
- You shall be liable for all Charges incurred through the use of the Mobile Phone calculated according to the relevant charging option (whether or not incurred by You personally). Each time the Services are used on the Mobile Phone, Charges are incurred and the Credit on Your Account will be reduced by the amount of the Charges incurred.
- Each 160 characters (or part thereof) of each non-MMS text message is charged as a separate text message. Please note that text messages sent over MMS are charged by reference to the volume of data sent. Whilst We will make every effort to ensure that all text messages are delivered, You shall be liable for all Charges in respect of all text messages, whether delivered or not.
- Please note that Calls over GPRS are charged on the basis of the volume of data/pages sent and/or received by Your Mobile Phone over the Network. Our determination of the volume of data/pages sent and/or received shall be conclusive. For reasons beyond Our control, volumes may vary depending on the type of Mobile Phone used by You. Volume indications given on Mobile Phone screens may not be accurate. There will be a minimum charge for each GPRS Session conducted using Your Mobile Phone during which You access non-Postfone Call Content (except in the case of multi-media messaging Calls). If such a GPRS Session is terminated for any reason, the minimum charge shall apply again if it is re-established.
- You may apply Credit to Your Account by means of any of the methods made available by Postfone from time to time and may thereafter make Calls for a certain fixed period as advised by Us from time to time (please refer to Postfone´s Customer Guide for details). The amount of the Credit will reduce as a result of Calls being made. No Calls may be made once all Credit has been used (with the exception of Calls to the emergency services and to the number 1747 or such other number as We may specify). You may continue to receive Calls for a period of 180 days (or such other period as We may advise from time to time) following the date on which Credit is last applied to the Account. It is up to You to decide how much Credit to load onto Your Account. If Your Account has no Credit You will still be able to receive incoming Calls, but You will not be able to make outgoing Calls or access any Content.
- A minimum level of Credit (as specified by Us from time to time) must be applied to Your Account at such intervals as We may specify from time to time, failing which no Calls may be made by You (please refer to Postfone's Customer Guide for details). All unused Credit will be carried forward at the time Credit is applied to Your Account provided the minimum required level of Credit has been applied to Your Account at least once during the specified interval. If Your Mobile Phone is lost, stolen, damaged or destroyed, or used in an unauthorised manner, We are not able to provide You with a refund of Credit used
- You need to use Our Service at least once within the 180 day period beginning at the time of Your latest use of the Services either by making a chargeable call or sending a text message. If You do not use Our Service We may suspend Your access to the Service and disconnect Your Mobile Phone from the Network. If You do not use Your Mobile Phone for 6 months We will disconnect Your Mobile Phone and You will lose Your Credit and Mobile Phone Number. If Your Mobile Phone is disconnected from the Network and You would like to reconnect Your Mobile Phone, You must call customer care. If We agree to reconnect You, We may charge a reconnection fee. Details of the current reconnection fee are available by calling customer care.
- Certain network termination charges may apply in the event that You wish to use the Mobile Phone on another mobile network and the amount of Credit applied to Your Account up to the date of termination is less than the amount specified by Us for this purpose at the time.
- Please note that delays may occur in charging for certain text messaging services. This may result in an immediate reduction in the Your Credit when Credit is next applied to Your Account.
8. Customer Obligations
8.1 You are responsible for ensuring the Mobile Phone can connect to the Network. You are responsible for the acts and omissions of all persons using Your Mobile Phone and Your Account(s). You agree:
- not to use or permit or encourage the use of the SIM, Network, Service or the Mobile Phone for any improper, indecent, obscene, unlawful, harmful, unauthorised, defamatory or fraudulent purpose or to harass or cause any injury, offence or annoyance to any person or to send unsolicited commercial messages to any person;
- not to use or permit the use of the Network, Service or the Mobile Phone, so as to cause the operation of the Network or the quality of Service to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system or to interfere with or inhibit other users of the Network or third party rights;
- to only use type-approved Mobile Phones with the Network, to comply with all laws, regulations and user guides governing its use and to remain solely responsible for the manner in which the Mobile Phone is used;
- to only use the Mobile Phone for the Services;
- to comply with all Our reasonable instructions or requests or an authorised authority, in particular as to the manner of using the Service and in relation to the investigation of any offences;
- not to incite, encourage or induce members of the public to call a particular number simultaneously where this may adversely affect the Service nor to commit any criminal offence;
- to keep the Mobile Phone safe against loss, theft or damage and inform Us immediately by telephone and (if We so require) confirm in writing, if Your Mobile Phone is lost, stolen or damaged.
- to keep any passwords and security codes provided in connection with the Mobile Phone secret and inform Us if the secrecy of them is compromised.
- that the SIM will be used only for purchasing the Services.
8.2 Neither We nor the Network provider monitor Call Content and neither shall be responsible or liable for any Call Content sent or received by You (including content which contains a virus or other harmful or unlawful material). You shall be responsible for the security and integrity of the Your Call Content. We make no representation and give no warranty as to the quality, accuracy, correctness, completeness or suitability of any Call Content. Your reliance on or use of Call Content is at Your sole risk. Call Content must not be exploited commercially to Our detriment or the detriment of any third party and must not be used to provide any other on-line or information service. Recipients of certain Call Content (in particular, MMS messages) from You may only be able to fully access it if the receiving equipment has the necessary functionality.
8.3 Call Content may be protected by copyright, trademark or other intellectual property rights. You accept and agree that Your Call Content may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction on wireless networks and the internet and We shall not be responsible or liable for such acts. You agree not to manipulate, distort, adapt or modify any other Call Content without the prior consent of the holder of the rights in such content. You waive any right to be identified as the author of Call Content and any right not to have Call Content subject to derogatory treatment by others. You may retrieve and display Content on Your Mobile Phone, print individual pages on paper ( but not photocopy them) and store such pages in electronic form on Your Mobile Phone ( but not on any server or other storage device connected to a network) for Your personal, non commercial use. You may not (a) store, modify, distribute, broadcast or publish any Content unless permitted to do so, nor, (b) re-sell, copy or incorporate Content into any other network. The Service is a consumer service. If You use the Service for business or commercial purposes You will indemnify Us for all claims in respect of liabilities, damages, losses and costs (including legal costs) made by any other third party against Us , arising from Your use of the Services for business or commercial purposes.
8.4 You may be advised of certain restrictions relating to the storage, manipulation and forwarding of certain Call Content that is downloaded and You shall be liable for any failure to comply with such restrictions.
9. Suspension / Termination
9.1 We may end Our Agreement with You at any time by giving You 30 days notice. We may also end Our Agreement with You immediately if: (a) You do not pay the Charges, (b) You break an important part of Your Agreement with Us ( for example You do not comply with paragraph 8), (c) You break any other term of Your Agreement with Us and do not put it right within 7 days of Us asking you to do so, (d) We reasonably suspect fraud or money laundering by You or someone using Your Account(s) (e) You give Us information about Yourself which We reasonably believe to be false or misleading, (f) We are no longer able to provide the Services to You despite trying to do so.
9.2 We may suspend the Service immediately: (a) if We need to carry out repairs, maintenance or the introduction of new aspects to the Service ( and We will try to restore the Services as soon as We can), (b) if We are told to do so by the Government, the emergency services or any other competent or lawful authority, (c) to protect You under paragraph 9.3, (d) if any of the circumstances in paragraph 9.1 occurs, (e) You break an important part of Your Agreement with Us,
9.3 Sometimes it appears to Us that there is unusual use of the Services (for example, the volume or destination of Calls increases significantly and We reasonably suspect fraudulent use). If this does happen We may suspend Your use of the Services to prevent You incurring excessive or unwanted Charges.
9.4 You may end the Agreement with Us by no longer using the Services or by calling customer care and requesting a disconnection. If You end the Agreement any Credit on Your Account will not be refunded and You may lose Your Mobile Phone Number.
9.5 If You end the Agreement by requesting a disconnection the Services will end within 14 days of Us receiving the request. Both You and We must continue to comply with the Agreement until We stop providing the Services.
10. Exclusion of Liability
10.1 Insofar as it is permissible by law, We shall not be liable for any injury, loss or damage, whether foreseen or unforeseen, directly resulting from:
- any failure, interruption, delay, suspension or restriction in providing the Service to You which is due to any act of God, government control restrictions or prohibitions, any other act or omission of any public or regulatory authority (whether local, national, international or supranational), an act of default of any supplier, agent or other person, strikes, work stoppages or labour disputes or any other cause whatsoever which is beyond Our reasonable control;
- any unlawful or unauthorised use of or access to the Network, Service or Mobile Phone by You or third parties;
- any claim arising out of any act or omission by You, Your servants or agents or arising out of any reliance placed by You, Your servants or agents on Call Content;
- any valid suspension of the Service or termination of the Agreement;
- any loss, theft or malfunction of Your SIM or Mobile Phone;
- any claim arising in relation to the provision (or non-provision), maintenance or use of telecommunications lines, channels, equipment, networks or services or arising out of calls being dropped for any reason;
- any claim arising out of or resulting from the quality or fitness for the purpose of, compliance with description of, or compliance with sample of any goods supplied to You unless You "deal as a consumer" within the meaning of the Sale of Goods and Supply of Services Act 1980.
10.2 We will not be liable for any indirect or consequential loss or damage whatsoever, whether it is foreseen or unforeseen, including but not limited to loss of profits, data, revenue, business, anticipated savings or goodwill. Nothing herein shall have the effect of excluding or limiting Our liability for death or personal injury resulting solely from Our acts or omissions. Otherwise, Our liability to You pursuant to this Agreement shall not exceed € 1,500 per claim.
10.3 We shall exercise such reasonable skill and care in the provision of the Service as may be expected of a reasonably competent mobile telecommunications operator. Except as expressly provided in the Agreement, all conditions, terms, warranties and representations whether express or implied by law in relation to the provision of the Service are excluded to the fullest extent permitted by the applicable law.
12. Numbers and SIM card
12.1 You shall not have any proprietary rights whatsoever in the Mobile Phone Number or any mobile phone number allocated to You by Us from time to time. We reserve the right at any time to alter or replace the Mobile Phone Number allocated to You or any other name, code or number whatsoever associated with the Service.
12.2 We shall issue You with and license You to use the SIM on the condition that the SIM shall remain Our property and shall be returned to Us upon request. We may charge You for the cost of checking, repairing or replacing a SIM.
13.1 We will use Your details, the information relating to the provision of the Service, and other information available to Us including Your name, Your address, Your Mobile Phone Number and the amount of the Charges incurred by You ("Your Information") to identify You, conduct research on Your use of the Services, to help Us make informed business decisions and inform You of Our offers and services ( (if You would prefer Us not to inform You of offers and services, please let Us know by contacting customer care). If You change any of Your details please let Us know.
13.2 Personal information will be retained for a reasonable period of time in a secure environment. Please note that Your calls to Postfone Customer Care may be recorded for training and quality control purposes.
13.3 We must disclose some of Your Information to other licensed telecommunications operators and Our agents for the purposes of providing the Service and also to third parties (including other telecommunications operators) for the purposes of fraud prevention and insurance claims processing. Personal data is not otherwise disclosed to third parties, save where required or permitted by law.
13.4 We or Our agents may from time to time contact You by post, telephone, e-mail or text message regarding details of specific promotions or information on Our various products or services if You consent to such contact. If You do not wish to receive details of such promotions, You should contact Postfone Customer Care.
13.5 If You are under 16 years of age, Your parent or guardian may Register with Us as an authorised person on Your Account. We may provide certain information about Your Account, including Your usage, to the authorised person and will allow the authorised person to make certain changes to the Account or Services. When You are over 18 years of age, You may instruct Us to cancel the authorised person´s access to Your Account.
13.6 We shall not provide You with any statements in relation to Your Account or records of Calls made or received in the normal course of the Service.
13.7 If You use a credit or debit card for the Service, We may request additional information regarding Your credit or debit card details, for security purposes.
13.8 You have the right to access the Your personal information held by Us. To obtain a copy of the personal information, please write to: Data Compliance Manager, Postfone, P.O. Box 12345, Freepost, Dublin enclosing Your name and postal details and a cheque for € 6.35 made payable to "Postfone".
14.1 Our Services may be available to You in countries outside the Territory if We or the partner who provides Us with Our Network have roaming arrangements in place. Access to local networks shall depend upon the arrangements between local operators and Us and the ability of local operators to support USSD technology. You may need to activate Roaming on Your handset by contacting Postfone Customer Care on 1850 789 789, or such other number as We may specify, before You leave the Territory. The Charges for Roaming are set out in Our Tariff Tables on Our Website or are available from the Postfone Customer Care Team on request. Please be aware that when You use Your phone abroad incoming calls also incur a charge.
15.1 Your Mobile Phone is locked to the Network. You must not insert another operator´s SIM card into the mobile phone without an unlocking code ( which is not Your PIN code). We will on request provide an unlocking code after a qualifying period and/or for a fee. Failure to enter the correct unlocking code may result in Your Mobile Phone becoming permanently blocked. We can accept no responsibility for Mobile Phone so blocked. Contact customer care for further information on the qualifying period, applicable conditions and charges or check the Website. This clause 15.1 does not apply if You have purchased a SIM only and, at the time of purchase of the SIM You are connected to a network other than the Network.
16.1 If You are Porting to the Network from another mobile network the terms and conditions in this clause 16 apply in addition to the remainder of this Agreement and the terms and conditions of the Postfone service that You subscribe to (e.g. the Postfone Prepay service). If a deferred Porting date has been requested, the Service and Your obligations pursuant to this Agreement shall not commence until the selected Porting date. If You wish to Port to Postfone You must fully complete the Customer Authorisation Form ("CAF") or the online Porting process. Ports may be requested up to thirty days in advance of the required porting date. Customers wishing to Port from the Network must contact the mobile operator to which they wish to Port and will be responsible for complying with the Porting requirements of that operator.
16.2 You cannot withdraw Your instruction to Port once the Porting process has commenced on Our Porting systems. It may be possible to cancel a Port request prior to the commencement of the Porting process. Ports that can be cancelled may only be cancelled by requesting the cancellation in the same manner that the Port was originally requested (e.g. if You requested the Port in a Post Office You must return to the same Post Office to cancel it). The status of the Port at the time of cancellation will determine the interoperator processes that follows.
16.3 Subject to Clause 16.6 below, Your request to Port serves as formal notice on Your current mobile operator ("the Donor Operator") of Your termination of Your contract for mobile telephony services with them (if any).
16.4 You may only complete a CAF if You are the account holder (for post pay customers), the principal user of the account (for prepay) or the account authorised representative (for corporate or business accounts) as recorded in Your Donor Operator´s records. By completing a CAF You warrant, represent and confirm to Us that You are the account holder, principal user or authorised representative as appropriate.
- only Your Mobile Phone Number will be Ported;
- services offered by Your Donor Operator will not necessarily be transferred or available on Our Network, this will include the loss of Voicemail messages, SMS messages, data or facsimile services;
- You will lose all credit in Your account with the Donor Operator immediately on the Port being completed and We will not reimburse such lost credit;
- You may have outstanding contractual obligations including outstanding invoices and/or termination charges owed to Your Donor Operator, and You remain liable and responsible for these matters;
- You may need to get SIM security or network locking functions removed by Your Donor Operator or get a new handset;
- Your existing handset may not be type-approved on the Postfone network and performance or functionality may vary as a result of this. Certain settings (e.g. WAP) may require updating.
- the information You provide is incorrect, inaccurate, false, misleading or does not match the data held by Your Donor Operator;
- the Mobile Phone Number in Your possession has been reported lost or stolen;
- Your Mobile Phone Number has been returned to the pool of available Mobile Phone Numbers following cessation of use or termination as follows:
(i) for prepaid, no customer activity on account for a period of 6 (six) months; or
(ii) for postpaid, account terminated for over twelve (12) months.
- there are arrears outstanding to Your existing mobile operator.
If You supply fraudulent, false or misleading information You acknowledge that You will be personally liable and responsible for such information, You may, in appropriate cases, be referred to the lawful authorities for prosecution.
16.7 We do not warrant, represent or undertake that Your Mobile Phone Number will be Ported within any specified timeframe or at all. Please note that it may not be possible to Port Your Mobile Phone Number at Your preferred time.
16.8 During the Porting process there may be a period of outage of Your mobile service and/or any related or ancillary services, We will not be liable or responsible for any damage, loss, costs or expenses or other liability in contract, tort or otherwise direct or indirect incurred as a result thereof.
- Complaints
17.1 We take all customer complaints seriously. If You have a complaint concerning any aspect of the Service, please contact Us by the means set out in Our Customer Care Code of Practice and We will use Our reasonable endeavours to resolve it in accordance with the dispute resolution procedure in Our Customer Care Code of Practice.
17.2 If You wish to claim compensation or a refund for failure to meet service levels for failure to meet contracted service quality levels please contact Us by the means set out in Our Customer Care Code of Practice and We will deal with Your claim in accordance with the dispute resolution procedure in Our Customer Care Code of Practice.
17.3 If at the end of the dispute resolution procedure in Our Customer Care Code of Practice You feel Your complaint has not been addressed properly, You can contact Comreg, the Communications Regulator.
18. Assignment
We may, in Our absolute discretion, assign the benefit of, and novate Our rights and obligations under, the Agreement to a third party and You irrevocably appoint Postfone as Your lawful attorney to execute all documents and undertake all acts as are necessary to give effect to any such assignment or novation.