NEWCASTLE HQ

Building 7, Queens Park, Queensway North, Team Valley, Gateshead, NE11 0QD

LONDON OFFICE

Kemp House, 152 - 160 City Road, London

EC1V 2NX

Tel: 0330 333 9293

TERMS AND CONDITIONS

Terms

Definitions  

Agreement – means these terms and conditions together with any other terms and conditions which Red Sky telecom may introduce and notify to the customer for time to time. 

Airtime Contract – refers to a contract for the supply and payment of airtime between the Customer and a Third Party Supplier of airtime services introduced to the customer by Red Sky Telecom. 

Buyout – means a financial incentive agreed to be made by Red Sky telecom to the Customer in applying to offset the fixed costs, which apply at the latter of the date of the Completion Requirements being met or of termination an existing mobile phone agreement. As completing the Completion Requirements or termination an existing agreement occurs after the date of this agreement, the agreed Buyout figure will therefore reduce from the agreed amount to a directly pro-rated. All buyout payments must be supported by an invoice from the customers existing supplier. Red Sky Telecom will pay the lesser of the agreed buyout or the customers existing supplier invoice. 

Cash –back – means a financial incentive agrees to be made by Red Sky Telecom to the Customer to offset costs assessed by Red Sky Telecom on prices, which apply at the date of this Agreement of future calls and line rental in relation to a mobile phone contract connected solely for the purpose of entering into this Agreement.

 

Claw – back – relates to the reclaiming or non-payment by Red Sky Telecom to the Customer of Buyout and Cash-back payments, previously paid or due to the Customer by Red Sky Telecom, due to any breach of the Terms and Conditions outlines below. 

Completion Requirements – where the recommended Third Party Supplier has been allowed by the Customer’s existing supplier and the Customer to complete the necessary connections and/or upgrades as required under the terms of the Agreement with the Customer Completion requirements are only met once all agreed connections are fully completed by Red Sky Telecom and their recommended Third Party Supplier. 

Contract Term – means the period for which the services are to be provided by Red Sky Telecom as set out overleaf. 

Customer – means the company/ individual, which is agreeing to purchase their connections and handsets from Red Sky Telecom and sign an airtime contract with one of Red Sky Telecom’s airtime suppliers their respective successors and assigns. 

Red Sky Telecom whose registered office is situated Building 7, Queens Park, Queensway North, Team Valley Trading Estate, Gateshead, Tyne & Wear, NE11 0QD their respective successors and assigns. 

Technology – Fund – means a financial incentive that the Customer can order goods or services through Red Sky Telecom to a value up to and including the agreed Technology-fund amount as per the commercial Agreement which does not include VAT. 

Third Party supplier – refers to a supplier of Red Sky Telecom’s choice introduced to the Customer by Red Sky Telecom to provide services to the Customer. 

Terms and Conditions

  1. The heading in these Terms and Conditions are for convenience only and shall not affect their                  

interpretation.

    2.Financial Incentive

In consideration of the Customer entering into this Agreement Red Sky Telecom may have  agreed to offer to the Customer a financial incentive by way of Cash-back/Buyout/Technology  Fund, which is only payable within the Contract Term upon receipt of a VAT invoice.

    3.Claw-back

       Red Sky Telecom will claw-back from the Customer any financial incentive payments already made or agreed to be made to           the Customer if within the Contract Term.

  1. The Customer terminate their Airtime Contract and or this Agreement.

  2. For the evidence of doubt where the Customer obtains/completes an upgrade from any party other than Red Sky Telecom this will be deemed to be a termination by the Customer of this Agreement and shall entitle Red Sky Telecom to claim for all losses suffered by Red Sky Telecom as a result.

  3. The Customer is disconnected by the supplier for any reason of default by the Customer on their employees or agents.

  4. the Customer is disconnected before their 7 day cooling off period where payment to the Third Party Supplier is required by Direct Debit and such Direct Debit is altered or canceled without the written agreement of the Third Party Supplier within twelve calendar months of the Customer entering into the Airtime Contract;

  5. the Customer cancels any additional services to which the Customer has agreed to   subscribe a non-exhaustive examples of which are itemised billing and insurance;

  6. The Customer’s obligations under this agreement are bought out, assigned or transferred in any way to another provider with an intension that that provider then provides and alternative service to the Customer.

  7. Red Sky receives any commission clawback from a third party for any reason

       whatsoever, this could include inactivity or the customer porting a number to another network.

   8.In all instances, Red Sky Telecom reserves the right to clawback any revenues paid     whether that be in the form of        equipment, buy outs or cashback elements due or paid in advance against any clawback from the network whatsoever and for     whatever reason, irrespective of all of the above, Red Sky Telecom reserves the right to pass on any clawback received from the network. Should such a situation arise Red Sky will provide documentary evidence of the clawback from the network.

    4.Eligibility

  1. Connection of the Third Party Supplier’s airtime system is subject to: 

    1. status and acceptance by the Third Party Supplier;

    2. the Customer having entered into an Airtime Contract for a minimum 12 months period.

  2. 6.1  To be eligible for any financial incentive the Customer must agree to these Terms and Conditions in full, have read and accepted the Terms and Conditions of the Airtime Contract of Red Sky Telecom’s Third Party Supplier to the Customer

  3. Customers registered in the United Kingdom for the purposes of VAT shall provide an official VAT invoice to Red Sky Telecom for the agreed value of any financial incentive 

  4. Upon approval and acceptance by Red Sky Telecom of the customer’s claim for any financial incentive, payment of this will be made in 4 instalments with the first instalment 70 days from the Completion Requirements being met with the agreed Third Party Supplier and where such Completion Requirements have not been met Red Sky Telecom shall have absolute discretion to make payments at such reduced rate as to fairly reflect the part fulfillment or other change of the Completion Requirements. Further payments will be due 7 months, 15 months and final payment 21 months into a 24 month contract term unless otherwise been agreed by a Director. 

  5. Red Sky reserves the right to change or amend these terms at any time without notice 

Warranties and Indemnities  

   5.Red Sky Telecom accepts no tax liability incurred by any individual or business in relation to this offer. 7.1   The Customer agree        that where they are approached within the Contract Term by an alternative provider with an offer for the provision of an                      alternative service which they are consideration accepting then the Customer shall provide Red Sky Telecom with details of            such offer and give Red Sky Telecom an opportunity to make to the Customer an alternative offer to that of the provider here            referred to.  7.2 Red Sky Telecom may advise the Customer on what Red Sky Telecom believe to be the cheapest  way to                  terminate their  existing agreement with the Third Party Supplier but it is the Customer’s responsibility to make enquires of                their suppliers as to the  actual cost of termination and Red Sky Telecom shall not be liable for any costs whatsoever                          arising from the giving of such advice. 

  1. Where Red Sky Telecom agree to make a Buyout payment, such payment shall not be based upon Red  Sky Telecom estimate of the cheapest option available and Red Sky Telecom shall not be liable for costs incurred by the Customer where the Customer’s existing supplier places on the Customer costs of financial penalties more onerous than those which Red Sky Telecom have agreed to make as Buyout payment. 

  2. No Agent of Red Sky Telecom has any authority to act on behalf of the Customer in relation to the termination of any existing contract and Red Sky Telecom accepts no liability should the Customer fail to do this. 

  3. Red Sky Telecom accept no responsibility for liability if the Third Party Supplier’s network does not meet the Customer’s expectations in any way. 

  4. Red Sky Telecom accept responsibility for equipment already owned by the Customer, even where Red Sky Telecom provide Third Party Supplier SIMs to enable the Customer to use their existing equipment. 

General 6

  1. These Terms and Conditions constitute the entire Agreement between Red Sky Telecom and the Customer, supersede any previous agreement or understanding and may not be varied except in writing by Red Sky Telecom. 

    1. Any equipment provided by Red Sky Telecom such as mobile phones and detailed under this Agreement will remain the property of Red Sky Telecom and must be returned, at the cost of the Customer to Red Sky Telecom within a period of 14 days from the termination of this Agreement. 

  2. Any notice required or permitted to be given by either party to the other under these Terms and  Conditions shall be in writing and addressed to the other party (by recorded delivery) at its registered office or principal place of business or such other address as may at the time have been notified in writing pursuant to this provision to the party giving notice. 

  3. No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be waiver of that right, and no waiver by either party of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of any of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. 

  4. If a Customer cancels this Agreement for any reason there will be a cancellation charge of £100 per mobile number after this Agreement has been signed. 

  5. Red Sky Telecom will connect the Customer to the appropriate tariffs as agreed in this Agreement. The Customer agrees that it is their responsibility to ensure that they have been connected to the agreed tariff and are being invoiced at the appropriate rate on receipt of the first invoice from the Third Party Supplier. Red Sky Telecom will not take responsibility for any discrepancies arising from connection to the wrong tariff unless Red Sky Telecom has been notified in writing within 14 days of receipt of the initial Third Party Supplier invoice. 

  6. Where a specific time and date for installation of a car kit or kits is arranged and you are unavailable for whatever reason and you do not notify us in writing 47 hours beforehand you agree to a cancellation charge of £65.00 plus VAT per arranged installation. 

  7. The Customer will use best endeavors in assisting Red Sky Telecom to obtain PAC codes from their existing supplier. Should Red Sky Telecom not receive the necessary PAC codes to complete the number port the Customer agrees to pay Red Sky Telecom £100 per mobile number not completed. 

  8. English law shall apply to this Agreement and the parties agree to submit to the non-exclusive jurisdiction of the English courts. 

24/24 Swap out  7.

  1. The 24 month warranty period will start from the date of purchase of the handset. (Please note this may be sooner that the date of connection). 

    1. The policy is effective from 1st May 2013. Any handsets purchased prior to this date are not included. 

    2. All swap requests received before noon will be processed that day. 

    3. All swap requests received after noon will be processed the following working day. 

    4. All swap requests Exclude Cosmetic/ Liquid Damage/ Customer Damage/ Fault Different to what has been detailed on the original request/ incorrect handset dispatched back against what was detailed on original request.   9.4.1                           In these instances the following charges will be applied in all cases: Value of the handset dispatched + £25 admin charge + £15 Delivery Charge. 

    5. All handsets within 14days of delivery will be swapped out with new stock. 

    6. All handsets > 14 days of delivery will be swapped with a refurbished handset. Where the handset has gone end of life, the replacement will be refurbished of a model with matching features. 

    7. No handset credits will be issued. – The policy only offers a replacement device. 

    8. At the point of swap out all chargers; cases, manuals and boxes etc. Should be retained by the customer. Only the actual handset unit will be exchanged. 

    9. It is the customer’s responsibility to ensure that the handset is ready for collection. SIM card and memory cards should both be removed. All data, content, downloads and personal information should be wiped from the device. 9.10                           It is the customer’s responsibility to ensure that the handset is suitably packaged and protected for transit. No responsibility will be accepted for damages incurred whilst in transit. 

    10. Any handset deemed to be invalid for the warranty swap out will be sent for recycling. No return of any handset will be made. 

    11. Please ensure all handsets that are returned are not password protected or pin locked. These will be rejected and returned and the replacement handset will be chargeable and incur an admin charge of £25. 

    12. If the returning handset if found to have no fault found, Red Sky Telecom Ltd reserve the right to invoice the customer for the replacement, plus £25 admin + £15 delivery charge, plus the following additional cost based on the handsets value – Under £100- £25 charge, £100 - £200 + - £75 charge applied. 

    13. Incorrect Address Information given, causing a failed delivery swap out = £15 per delivery attempt.

    14. Any changes or cancellation made to a request after 3.00pm on the day the request was submitted will result in a £15.00 charge.  

    15. Only SIM-free devices purchased from Red Sky Telecom Ltd are covered under the terms of this policy. Any other SIM-free stock will be rejected. Network variant devices are covered under the separate network warranty swap out policies. 

    16. The 24/24 Swap Out is for single devices only, it is not designed for batch swap outs 

    17. If the returning handset is found to have no fault, we reserve the right to charge partners for the replacement handset at the SIM free price, at the time of exchange being made, plus £25 admin and £15 delivery charge 9.19                          

    18. Red Sky Telecom reserves the right to amend or withdraw this service at any time

 

 

Data Protection & Marketing

10.1  Within this clause  "Act" means the General Data Protection Regulation and "Data Controller", "Data Processor" and "Personal Data" have the same meanings as in that Act.

10.2  The Service Provider may use any information supplied by You for its own administrative and customer service purposes or for any other purpose required by Law. Without limitation the Service Provider shall be entitled to disclose information provided by You to any member of its Group. To enable the Service Provider to provide the Service it shall also be entitled to disclose such information to other telecommunications companies where required for processing.

10.3. In order to maintain quality and for training purposes the Service Provider may monitor and record telephone conversations with You.

10.4. The Service Provider shall be entitled to make Your name, address and telephone number available to the emergency services.

10.5. Regarding the parties' rights and obligations under this Agreement, You are the Data Controller and the Service Provider is the Data Processor.  You shall meet Your obligations set out in the Act in relation to this Agreement.

10.6. The Service Provider shall only process Personal Data in accordance with instructions from You (which may be specific instructions or instructions of a general nature as set out in this Agreement during the term of this Agreement).

10.7.  The Service Provider shall implement appropriate technical and organisational measures to protect Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure.  These measures shall be appropriate to the harm which might result from unauthorised or unlawful processing or accidental loss, destruction or damage to Personal Data to the nature of the Personal Date which is to be protected.

10.8. You warrant that You have appropriate permission to provide the Service Provider with Personal Data for the purpose of data processing.

10.9. Where any of Red Sky’s subcontractors operating within the UK and/or the European Union wish to transfer personal data to any of the subcontractors outside the European Economic Area, the relevant subcontractor shall have the right, acting as agent for the Customer, to enter into and implement the EU model clauses for the transfer of data from a data controller to a data processor. Where the relevant subcontractors find it necessary or desirable to comply with regulatory requirements, the Customer will, at the request and cost of the relevant subcontractors, arrange for the Customer to enter into direct agreements with the relevant subcontractors for data processing. Those agreements will comprise the EU model clauses for the transfer of data from a data controller to a data processor.

 

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