Terms & Conditions
1. YOUR AGREEMENT
1.1 These are the terms and conditions on which mobile services (the “Services”) are provided to you by Boshhh Ltd, referred to in these terms and conditions as the “SUPPLIER” or “we”, “us” or “our”. When we say “you”, “your” or “Customer” we mean you, our customer. Your Agreement with us is also made up of the charges and other tariff details available and periodically updated on our website (boshhh.com) (Calls, Data & Roaming Charges), our Privacy Policy and Cookie Policy and any other supplemental (including promotional) terms and conditions that may be relevant from time-to-time for the Services you are using and which are published on our website, such as any fair use policy. Further information on the Services can also be found in our Help sections on our website boshhh.com.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our Services to you, how you and we may change or end the Services, what to do if there is a problem and other important information. By creating an account, purchasing a bundle or inserting or using a SUPPLIER SIM card to access the services you will be deemed to have accepted the terms of the Agreement.
1.3. We will connect you to the network as soon as possible so you can access the Services.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Boshhh Ltd and our company registration number is 13188665, our VAT number is 363 4457 87 and our registered office address is Cardinal House, 20 St Mary's Parsonage, Manchester M3 2LY
2.2 You can contact us by telephoning our customer service team on 500 from the SUPPLIER mobile network, or 03333 4444 15 from a landline or non-SUPPLIER mobile network. You can also contact us in the ways set out in our Help pages on our website.
2.3 If we contact you we will do so by telephone call, text, email, via our mobile App, by publishing on our website, including by changing the charges or this Agreement as set out in clause 1.1, by notifying you by recorded message or other means.
3. PROVISION OF THE SERVICES
3.1 We are providing you with mobile Services using approved Equipment, SIM Cards and network resources.
3.2 These Conditions are the terms on which you may use the Services, Equipment and Software.
3.3 Services will be provided within our network area in the UK and by roaming on to other networks.
4. BASIS OF CONTRACT
4.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
4.2 The Order shall only be deemed to be accepted when the Supplier either:
(a) issues written acceptance of the Order; or
(b) provides written confirmation that the Services have been made live;
at which point and on which date the Contract shall come into existence. All start dates for the Services are estimates only and should not be relied upon by the Customer.
4.3 The Contract shall run from the Commencement Date for a minimum period of 12 months
4.4 If a Customer does not serve notice to renew on or before the expiry of the contract period, then the Contract will continue until terminated by either party providing the other with not less than 90 calendar days’ written notice.
4.5 The Contract shall be renewed automatically at the end of the contract period, unless the Customer gives the Supplier not less than 90 calendar days’ written notice of the Customer’s intention to terminate the Contract, no more than 90 calendar days and no less than 30 calendar days before the last day of the contract period.
4.6 If the Contract renews under the clauses above, the Contract shall continue to run for a further minimum period of 12 months
4.7 The Customer has the right to change / amend their service at anytime during the 12 months without any charges
What's a credit agreement?
5. SUPPLY OF SERVICES
5.1 The Supplier shall supply the Services to the Customer in accordance with the Order in all material respects.
5.2 The Supplier reserves the right to amend the Order if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
5.3 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.
5.4 Any start dates specified within the Order are estimated start dates only. The Supplier cannot guarantee the date on which the Services will start and cannot be held liable for any loss or damage arising from any change to the estimated start date.
6. YOUR BUNDLE ALLOWANCE
6.1 Unless specified otherwise, a bundle lasts for a period of 30 days, from the day it is added to your account until 23.59 GMT or BST, whichever is in force, on day 30 (the “Bundle Period”). Your next bundle will automatically renew on the following day.
6.2 If you exhaust your data allowance before the end of the 30 day Bundle Period, you may contact us and request a renewal of your next 30 day bundle, provided you have enough credit. We may also offer other payment methods to renew your bundle, as set out on our website, or else your service will be provided on a standard Pay As You Go Rates.
6.3 Each time you use your Services your bundle allowance will be reduced according to the duration and type of call or message or the amount of data used. Out-of-bundle charges apply for usage not included in your bundle and you must have sufficient credit available. If you use all your data allowance you will no longer be able to use data until your next bundle allowance is renewed. If you have any remaining bundle allowance at the end of a Bundle Period it will expire and will not be rolled-over into the next period, unless we notify you otherwise.
6.4 The pricing information detailed in our Calls, Data & Roaming Charges sets out all current charges including details of the calls and other traffic types included within the bundle allowance; out of bundle charges for usage not included in the bundle; and standard pay as you go rates if you do not renew your bundle. All charges include VAT where applicable.
6.5 If you don’t want your bundle to automatically renew, or you want to change your bundle allowance at the next renewal date, you can use the settings on our App or contact us in any of the ways set out in clause 2.2.
6.6 If we need to terminate or change your bundle allowance, the bundle charge applicable to your bundle (the “Bundle Charge”) or any bundle terms to your disadvantage we will give you notice and the terms of clause 7 (Our Rights to Make Changes) shall apply.
7. PAYMENT
7.1 At the end of each Bundle Period you will be charged the relevant Bundle Charge for the following Bundle Period. When you order our SIM card we will take payment for the first Bundle Charge by debit card or other payment methods we permit.
7.2 The Charges for the Services shall be calculated by the application of the appropriate rate per unit of time, taking into account destinations and categories of call:
(a) the Charges shall be calculated in accordance with the Tariff, as set out in the current price list at the date of the Contract;
(b) the Supplier shall be entitled to charge connection fees, disconnection fees, re-connection fees and/or annual or monthly service charges;
(c) in the event that the Customer fails to comply with clause 12.1(b), the Supplier shall be entitled to charge a non-return of hardware charge in accordance with the Tariff
7.3 If you do not agree with your payment amount, you must notify us with reasons as soon as possible – and at least within one month. This will not suspend your payment obligations.
7.4 The Supplier may vary the Charges or Out Payment for any Service from time to time by giving the Customer not less than 30 days’ prior written notice.
7.5 Where an amendment to the Charges under clause 1 will have a material adverse effect on the Customer’s business, the Customer may terminate this agreement by providing the Supplier with not less than 90 days’ prior written notice.
7.6 The Customer shall pay each invoice submitted by the Supplier:
(a) within 14 days of the date of the invoice or in accordance with any credit terms agreed by the Supplier and confirmed in writing to the Customer; and
(b) in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract.
7.7 All amounts payable by the Customer are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
7.8 All amounts due to the Supplier from the Customer under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). The Supplier shall be entitled to deduct any sum owing to the Customer from any sums owed by the Customer to the Supplier.
7.9 Rebates due to the Customer shall be notified to the Customer within 15 Business Days of the relevant billing period and, subject to clause 7.11, will be paid within 35 Business Days of such notification.
7.10 You are responsible to pay your charges in full even if incurred by someone else using your Services and even if you dispute the charges.
7.11 Credits due to the Customer and not paid in accordance with this Agreement will be retained for a period of 12 months from the date they were notified to the Customer. If either of the circumstances detailed in the clause above has not been rectified before that date, then the credits will be lost.
7.12 Customers will be required to pay the Charges via direct debit or a payment plan agreed with the Supplier. In the event that the Customer pays the Charges via an alternative non-agreed method a payment processing charge will be applied as detail in the Customer’s invoice(s).
7.13 Charges for all mobile usage may be invoiced up to 12 months in arrears and standard payment terms shall apply to these Charges.
7.15 We will report all successful payments made by you under your Agreement to credit referencing agencies. This may help to improve your credit rating and credit score although we cannot guarantee this.
7.16 We do not accept any liability if your credit rating or credit score do not improve or if your credit rating or credit score is negatively affected if for example you choose to make a payment to us under your Agreement instead of discharging your other financial commitments.
8. PROVISION OF THE SERVICES
8.1 We will aim to provide you with a continuous service with the quality expected from a competent provider using reasonable care and skill, but we cannot guarantee that the Services will be fault-free, meet your exact requirements or be available continuously or everywhere in the UK. Please check the coverage checker at boshhh.com.
8.2 There may be factors outside of our control that impact availability or quality, including environmental factors such as weather or type of building, the number of people using the network and faults or maintenance or repair work in the network(s) we use to provide the Services. Please contact us if you experience a Service issue and we’ll try to fix it.
8.3 We will provide you with a SIM and a number. We own the SIM and number at all times and you must return either if we request for example, the number is required by a regulatory body. You are responsible for other people who use your Services complying with this Agreement. You must call us immediately if your SIM is lost, stolen or damaged. Refunds for any Services you have paid for in advance will be made in our sole discretion. You will remain responsible for all charges incurred as a result of unauthorised use of your SIM until you notify us and we can suspend your Services. We may charge you for a replacement SIM card.
8.4 Devices which you bring to the network used by us to provide the Services are your responsibility, including their compatibility and functionality. We are not responsible if data is lost or the device damaged during any unlocking process and you should back-up or store separately such data.
8.5 You are able to use the Services to call the emergency services. Your number will be shown to the emergency operator. When making an emergency call, your location information will be provided to the emergency operator to the extent technically feasible.
8.6 If you use the Services in the European Economic Area we will provide Services utilising our roaming partners from time-to-time and in line with applicable legislation and any fair use policy published on our website. Please see the Roaming section of our Help pages on our website for further information.
9. YOUR / OUR RIGHTS TO END THE CONTRACT OR SUSPEND SERVICES
9.1 We may terminate this Agreement at any time as set out in clause 2.2. You will not be able to claim back any unused airtime credit on your account or any sums in relation to any unused part of the Bundle Period.
9.2 We may terminate this Agreement at any time by giving notice to you, without any liability, if you: a. fail to pay the charges in full or on time;; b. breach this Agreement in a material way and do not put it right (where it is possible to do so) within a period of 15 working days after a request to do so; c. all of the Services are no longer available for use for a period longer than seven days or, any agreement giving us access to the network we use to provide the Services or our right to provide the Services is suspended or terminated; or d. if there is no chargeable activity on your SIM card for 90 days or more. After 60 days of no chargeable activity, we will first contact you requesting you to make a chargeable outbound call, send a text or use data (calls to 500 - customer services or 999 - emergency services, are free and are not classed as a chargeable event). If you then fail to do so within 30 days from the date of that contact we will contact you again to confirm that you have not used the Services for 90 consecutive days and your mobile services will be disconnected and you will lose any credit held on your account.
9.3 If this Agreement is ended: a. your access to the Services will be disconnected and you will lose any remaining bundle allowance; b. any unused airtime credit will be lost; and c. you will no longer be entitled to use any number associated with your SIM card and we will recycle it unless you have ported the number to another network.
9.4 We may need to suspend the provision of the Services: a. for reasons outside of our control where this is strictly necessary; b. for operational or emergency reasons where we have to interrupt the Services, for example, due to maintenance of the network we use to provide the Services, or bar certain numbers to prevent fraud; or c. if asked to do so by government or competent authorities or if required by law.
9.5 If the Services are suspended, this Agreement will still continue.
9.6 We may choose to suspend the Services in the situations where we have the right to terminate this Agreement, as an alternative or additional right. We reserve the right not to lift the suspension until you confirm that you will use the Services only in accordance with the terms of this Agreement. We will continue to provide access to emergency services.
10. OUR RIGHTS TO MAKE CHANGES
10.1 We may need to change our Services or these terms and conditions at any time, for legal or regulatory reasons, due to network or technology changes or for other good technical or commercial reasons, for example, changes to or withdrawal of Services if they become technically impractical or are not fulfilling their economic purpose for us or for you. We may need to change our charges at any time.
10.2 We will publish such changes on our website, including by changing our Pricing Information or these terms available at boshhh.com. We may also choose to notify you by phone, text, email or the other methods stated in clause 2.3.
10.3 If any change is likely to cause material detriment to you in our reasonable opinion, we will give you at least one month’s notice by email or text or via our mobile App. If you do not accept such change, you may cancel this Agreement by notifying us at any time before any such materially detrimental change comes into force.
10.4 Your continued use of the Services after the date of any change will be deemed to be your acceptance of the change.
11. RETURNS (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
11.1 You may notify us you want to cancel this Agreement at no cost (other than a pro rata amount of the Bundle Charge, plus any other charges already incurred, to the date you let us know you want to cancel) and without giving any reason within 14 days from the date after this Agreement started or you received your SIM card (the “Cooling Off Period”). You will not receive a refund of any free airtime credit which you received from us (if any). To cancel this Agreement within the Cooling Off Period please email us at hello@boshhh.com. You will need to return the SIM card to us at your cost.
11.2 If your SIM is defective at any time and you obtained it from us please get in touch with us.
11.3 This clause 8 does not affect your legal rights as a consumer which cannot be limited under English law (please contact your local trading standards or citizens advice bureau for more information on your rights).
11.4 Our Refund Policy applies to your Agreement.
12. RESOLVING DISPUTES
12.1 Please contact us if you have a complaint or query. You can contact us in the ways set out in clause 2.2. We will work closely with you to resolve any disputes that may arise. However if we cannot reach a mutually satisfactory resolution, you may refer the dispute to an independent dispute resolution body that we are a member of. Further details can be found in our Code of Practice available at boshhh.com. Alternatively, if you’re not happy with a product or service bought online, you can submit a complaint through the European Online Dispute Resolution (ODR) website, which can be accessed here www.ec.europa.eu/consumers/odr/main.
13. LIMITATION OF LIABILITY
13.1 We are only legally responsible to you: a. as set out in this Agreement or in accordance with your legal rights; and b. for your loss or damage which we directly cause.
13.2 You must tell us of any claim against us promptly while we still retain relevant records.
13.3 Our total liability to you is limited to a maximum of £250.
13.4 We exclude all liability to you for: a. loss or damage of a type that could not reasonably have been expected by both of us when we entered this Agreement; b. loss of income, profit, business, savings, lost opportunity or wasted expense; c. loss or damage to your equipment, software, data or content unless due to our negligence; d. loss or damage related to third party sites or other internet usage accessed through our service, including their content, any goods and services you obtain from them or viruses; e. your failure to follow any reasonable instruction from us in relation to the Services, for example in relation to installing your SIM.
13.5 Nothing in this agreement limits or removes our liability for our fraud, for death or injury caused by our negligence, or relating to consumer rights that cannot be limited under English law.
13.6 Any part of these terms that is not legally effective will not affect the remainder of these terms, which will remain effective. This clause 10 will continue to apply even after the end of this Agreement.
13.7 If we are unable to meet our obligations to you due to events that are out of our reasonable control (including environmental factors such as lightning, flood and exceptionally severe weather and acts or omissions of persons for whom we are not responsible (including other telecommunication service providers or roaming partners), we will not be liable for our failure under such circumstances.
13.8 Please note that we shall not be liable to you for any loss or damage in the event that our Services cannot be provided due to a failure or collapse of the main network.
14. DATA PROTECTION
14.1 We will only use personal data about you as set out in clauses 4.5 to 4.6 and our Privacy Policy which is available on our website at boshhh.com.
15. OTHER IMPORTANT TERMS
15.1 This Agreement is personal to you. You may not transfer your rights or responsibilities to someone else without our consent. We may transfer our rights and responsibilities without your consent and we’ll ensure that your rights under this Agreement are not affected.
15.2 This Agreement does not confer any benefit on any third party under the Contracts (Rights of Third Parties) Act 1999.
15.3 This Agreement shall be interpreted under English law and any court proceedings related to a dispute will be heard in the English courts.
15.4 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.5 We will monitor and record some calls or webchat communications to customer services for training and quality control purposes or operational or compliance reasons. We may also record all calls to the emergency services. Any action taken by us under this clause 12.5 shall be subject to our Call Recording Policy.
16. Recurring
This recurring policy applies to users who have subscribed to one of the following Boshhh services:
- 1. 10 GB Ultra Fast Sim Plan (£19.99)
- 2. 30 GB Ultra Fast Sim Plan (£24.99)
- 3. 100 GB Ultra Fast Sim Plan (£29.99)
By subscribing to any of these services, you agree to the terms and conditions set forth in this policy.
1. Services and Automatic Charges
When you subscribe to one of the services listed above, your credit card will be automatically charged on a recurring basis according to the pricing plan you have selected. The specific service and associated charge are as follows:
- 1. 10 GB Ultra Fast Sim Plan (£19.99)
- 2. 30 GB Ultra Fast Sim Plan (£24.99)
- 3. 100 GB Ultra Fast Sim Plan (£29.99)
2. Recurring Dates
Your card will be charged one month after the activation date of your Sim plan or the sign-up date for the Boshhh Credit File. The charge will continue to recur on the same date every month, unless the service is cancelled as outlined in Section 4 of this policy.
4. Automatic Charge Amounts
The amounts charged to your card will be as follows:
- 1. 10 GB Ultra Fast Sim Plan (£19.99)
- 2. 30 GB Ultra Fast Sim Plan (£24.99)
- 3. 100 GB Ultra Fast Sim Plan (£29.99)
These amounts will remain consistent throughout the duration of your subscription, unless otherwise modified in accordance with the terms and conditions of the service.
5. Cancellation Policy
To cancel your recurring service, you must email hello@boshhh.com. If you are outside of the terms of your contract, no additional charges will apply. However, if you are still within the terms of your contract, you will be required to pay the remaining outstanding balance to exit the contract.
Please ensure that you include your full name, account number, and the specific service you wish to cancel in your cancellation email. This will ensure that your request is processed promptly and accurately.
By subscribing to any of the above-listed services, you agree to the terms and conditions set forth in this recurring policy.
The handset is loaned to you on a 12 month credit agreement and will remain the property of Boshhh LTD until the final payment is made