Payments

All payments will be invoiced in advance as agreed by the parties. One-off charges and first rental period payment as detailed above to be paid at the time of signing this Service Contract (SC) or subject to Clause 4 within 14 days. If a contract is not accepted by Anvil Mobile Ltd., the payment will be returned to the customer in full. All prices are presented exclusive of VAT.

Site changes are to be notified to Anvil Mobile Ltd. as early as possible. If any charges have accrued, it is the responsibility of the customer to pay these charges. Anvil Mobile Ltd will endeavour to keep any charges (where site changes have occurred) to a minimum. The service and contract start date (determining minimum period) will be deemed to be the date the SIM is activated.

If Anvil Mobile Ltd finds that it cannot provide the service for any reason after contract signature (but before the service goes live), Anvil Mobile Ltd reserves the right to terminate the agreement and repay any money already paid to Anvil Mobile Ltd in full.

Definitions

Words appearing in bold type in these terms and conditions have special meanings as set out below:

The agreement is these terms and conditions, the airtime application and the connection schedule in accordance with which we permit you to use the SIM card(s) and agree to provide services to you.

The dealer is a person who may have sold equipment to you.

The airtime application and connection schedule is the signed order form for the network and services specified and includes company contact and delivery details.

The equipment is the mobile phone(s), GPRS, HSDPA & LTE routers and modems or other related items provided by us or by any dealer for use with the services.

The minimum period is the period for which you have agreed to receive the services as set out in the airtime agreement and starting on the date we connect you to the services and any extensions to it made pursuant to this agreement.

The network is the mobile telecommunications network to which each SIM card supplied under this agreement is connected.

The services are mobile telecommunication services obtained from our telecommunications network provider as specified in the connection schedule and provided to you. These services as related to Data (M2M) SIMs are for internet connectivity.

The coverage is the 3G or 4G cellular network coverage that enables internet connectivity at a given location.

The Subscriber Identity Module or SIM card is supplied by us or the dealer and allows you to use the services. Each SIM card supplied by us remains our property or the property of our telecommunications network provider.

The tariff is the charge plan you have chosen specified in the connection schedule and airtime application which determines the service charges you pay us. Details of the tariff are found in the connection schedule and airtime application (the order) associated with this agreement.

Your right to cancel

You have the right to cancel this agreement at any time from the date you sign the customer agreement until we commence provision of the services by writing to us. You consent to us commencing provision of the services as soon as reasonably possible. The provisioning of services usually commences within one business day of receiving your order.

The services

(a) We shall do our best to provide the services to you, but our ability to do so may be affected by circumstances beyond our control. These include but are not limited to: the capability of the equipment; the number of people using the network; geographic or atmospheric conditions; maintenance requirements or equipment failures. Any signal coverage maps are a best estimate, but not a guarantee of coverage.

(b) We may at any time set a limit on an amount of service charges you incur during each billing period or place a bar on the SIM card being used on overseas networks. If you want to vary any such limit or release any such bar you should contact us. You acknowledge that we may undertake credit checks to determine your creditworthiness and that we may refuse to vary any such limit or release any such bar.

(c) We may at any time require the payment of a non-interest bearing deposit: (i) as a condition of delivering the services to you; or (ii) to release any bar on the SIM card being used on overseas networks or (iii) as a condition of increasing any limit we impose on the amount of service charges you incur. The deposit will not exceed more than 4 months service charges calculated by reference to your actual usage of the services or, if you have not used the services for at least 4 months, on the basis of the information you gave to us when purchasing the equipment or in the existing airtime agreement. Any deposit paid by you will be repaid when this agreement ends or earlier if we agree (but we may in these circumstances reinstate any bar or limit).

(d) The service is delivered to the customer using network services provided by some or a combination of Everything Everywhere Ltd, Vodafone Ltd, Three UK Ltd, O2 Ltd. Acceptance of this contract includes acceptance of the terms and conditions of Everything Everywhere Ltd, Vodafone Ltd, Three UK Ltd, O2 and as applicable in addition to those outlined in this agreement.

Paying for the service

(a) You shall pay the service charges for the tariff you have chosen by direct debit. If you cancel the direct debit set up for payment of service charges we may impose an administration charge of £25. In these circumstances, we may also impose a surcharge of £2.50 per month to reflect our additional costs in processing non-direct debit payments. All non-direct debit payments shall be paid within 14 days f the date of our invoice. We may impose a surcharge of £15 for late payment of any invoice or if a direct debit is returned unpaid.

(b) By prior agreement we may accept payment by electronic bank transfer or BACS. For this facility you will need to contact us in order for a credit account to be set up.

We reserve the right to charge interest on late payments at the rate of 2% above the base lending rate of National Westminster bank from the date the amount becomes due to the date of payment by you in full.

(c) You shall notify us of any billing queries within one month of the date of the invoice upon which the query arises and shall not withhold payment of any service charges set out in the queried invoice, or any invoice, by reason of your billing query until it has been resolved by us.

(d) All figures in this agreement are expressed exclusive of value added tax.

Your responsibilities

(a) You must (i) keep to any conditions we set regarding the use of the SIM card(s) or equipment (ii) tell us immediately if your name, address, bank account or credit card details change; (iii) tell us immediately if your SIM card(s) or equipment is lost or stolen and write to confirm the details. You acknowledge that if your SIM card(s) or equipment is lost or stolen, you will not be responsible for any call charges incurred after you have notified us of that fact but will be responsible for any call charges incurred beforehand.

(b) You must not: (i) use the SIM card or equipment (or allow it to be used) for any illegal purpose. We may report the incidents to the police or any other relevant official organisation; or (ii) use any equipment that has not been approved for use on the network. If you are not sure whether the equipment is approved, you may contact us.

(c) You are responsible for ensuring that the location the SIM is to be used has adequate coverage to achieve a connection sufficient for your needs.

(d) You are responsible for ensuring that the equipment used is suitable for the SIM supplied.

(e) You are responsible for ensuring that the equipment/devices used are adequately locked down and secured to prevent unauthorised access to the service. The Fixed IP SIMs have a public IP address and are therefore accessible via the public internet. Any over allowance usage is subject to overuse charges for which you are liable.

How you can end this agreement

You can end this agreement in its entirety or part only insofar as it relates to the services delivered in respect of a particular SIM card in the following circumstances:

(a) immediately if we break this agreement and cannot correct the situation within 14 days of you telling us about the break; or

(b) by giving us 30 days’ written notice given to us by email to operations@anvilmobile.com or in writing to the trading address of Anvil Mobile Ltd.

What you have to pay to end your agreement

(a) If you end all or part of this agreement under 6(a) above, you will only have to pay the service charges to the date this agreement ends.

(b) If you end all or part of this agreement under 6(b) and the minimum period has ended we will (i) charge you £20 for the cost of disconnecting the relevant SIM cards from the network and (ii) charge you service charges to the end of the month that the 30 day period ends.

(c) If you end all or part of this agreement under 6(b) and the minimum period has not ended you shall pay to us an amount being the sum of the remaining outstanding months’ rental to the end of the minimum period and notice period.

Changes to the services

(a) If the law changes or VAT or any other tax is increased, we can change the terms of this agreement accordingly by giving you notice.

(b) We can change the service charges at any time. If charges are increased during the minimum term for a SIM you will not be liable for any additional rentals during the minimum contract period. Once the minimum term has completed we can change the monthly rentals to reflect our current pricing schedule. Pricing is reviewed annually in March and any new charges applied from 1st June of the same year. Any increases that would apply to your contract will be notified to you in writing, by email, to the contact information we have for you giving a minimum of 30 days’ notice.

How we can end this agreement

(a) We can end this agreement immediately if you become bankrupt, insolvent or go into liquidation or if you enter into a voluntary arrangement or have a receiver or an administrator appointed over any or all of your assets. We do not have to give you notice in these circumstances.

(b) We can also end this agreement: (i) if you break this agreement and do not correct the situation within 14 days of us telling you about the break; (ii) if the network closes down for any reason; (iii) if you give us false information.

What you have to pay when we end this agreement

If we end this agreement under 9 (b) (ii), you will only have to pay the service charges you already owe. If we end this agreement for any other reason, you will pay all the charges as if you had ended the agreement under 6(b).

When we may suspend the service

We may suspend the service if:

(a) the network fails or if modification or maintenance work is being carried out, or if the network is unavailable for any reason;

(b) if we do not receive full payment on time;

(c) if we think or know your equipment or SIM card(s) is being used fraudulently or illegally or if they have been lost or stolen.

If the service is suspended under 11(a) for more than 3 (three) consecutive days, you will not have to pay line rental for that period.

If the service is suspended under 11(b) and if you wish to be reconnected, we may require you to pay an administration charge of £30.00 in addition to all arrears.

If the service is suspended under 11(c), you will still have to pay the service charges.

Liabilities

(a) We shall be liable for death or personal injury resulting from our negligence.

(b) We shall not be liable to you in connection with this contract, whether in contract, tort (including negligence) or otherwise for direct or indirect loss of profit, business, anticipated savings or wasted expenditure or for any indirect or consequential loss, corruption or destruction of data whether or not we were advised or aware of the possibility of such damages, losses or expenses.

(c) Neither we nor you shall be liable to the other for any loss or damage which may be suffered by the other due to any cause beyond its reasonable control including without limitation any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire strike, lock-out, trade dispute or labour disturbance, any act or omission of Government, highways authorities, other public telecommunication operators or other competent authority, production or supply of services by third parties.

(d) Our aggregate liability (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed a sum equal to one month’s billing for the Services by us to you based on the average billing for the Services by us to you over the previous 3 months or since the commencement of the Contract if the contract commenced within 3 months of the date of the claim concerned.

(e) We shall only be liable to you for claims made in writing within three months of the date on which you become aware or ought reasonably to have become aware of the grounds of such claims.

12.1 You indemnify Anvil Mobile Limited against any claims or legal proceedings (including damages, costs and expenses) arising solely from your use of the services which are brought or threatened against Anvil Mobile Limited by any third party.

Transferring this agreement

(a) You may not transfer all or any part of this agreement to anyone else without our consent this agreement is personal to you but please contact us if you want to transfer your SIM card(s) or equipment to someone else (subject to a satisfactory credit check).

(b) We can transfer all or any part of this agreement to someone else.

Roaming charges

Please note that Networks vary their Roaming charges dependent on location of SIM and whether roaming is on preferred or non-preferred networks. The below is for information only as all SIMs are barred for International Roaming as standard. Please contact us if you would like roaming re-instated and refer to 3(c) for conditions.

Disputes and the Law

(a) This agreement is governed by English law. Please contact us should you have any complaint to make regarding the service. If you are not happy with the way we deal with any complaint and you want to take court proceedings, you must do this in England.