Mobile Services Terms

Mobile services – key points

A simple guide to the main things you should know before signing up. This is a summary only — the full Mobile General Terms and Conditions contain the detailed contractual terms.

Please read the full Mobile General Terms and Conditions before accepting an Order. If anything is unclear, ask us — we would rather explain it than leave you guessing.

Plum networksmobile general terms and conditions

These Mobile General Terms and Conditions apply to mobile telecommunications services, SIM Cards, Connections, Equipment and related services supplied by Plum Networks to the Customer. They should be read with the relevant Order and any applicable Service Schedule, Policies and Documentation.

1. Services and Coverage

1.1 Plum Networks shall use reasonable endeavours to provide and maintain the Services and Network availability. Plum Networks does not warrant uninterrupted or error-free availability.

1.2 Plum Networks may suspend Services where reasonably necessary for maintenance or testing, technical failure, Network security or fraud prevention, suspected fraud or unauthorised GSM Gateway use, Emergency Planning Measures, instruction by a regulator or Network Operator, non-payment, or otherwise as permitted by these Terms. Notice will be given where reasonably practicable.

1.3 Where roaming is included, Plum Networks shall use reasonable endeavours to provide access to Overseas Networks. Plum Networks is not responsible for the performance, coverage, availability or quality of Overseas Networks outside its control.

1.4 The Services depend on the continuing ability of the relevant Network Operator and/or Reseller to provide the underlying mobile service. If that right or arrangement is withdrawn or terminated and is not replaced, affected Services may terminate without liability for losses arising solely from that event, subject to liabilities that cannot lawfully be excluded.

1.5 Where required by applicable communications regulations, Plum Networks will provide a Contract Summary and other required pre-contract information before the Customer becomes bound by the relevant Services.

2. Customer Use of Equipment and Services

2.1 The Customer may provide Services and Equipment to its End Users but not to third parties except as expressly permitted by the Order. The Customer is responsible for End User use and compliance with these Terms, applicable law and Codes of Practice.

2.2 The Customer shall only use Equipment authorised for the Network.

2.3 The Customer shall not, and shall ensure End Users do not, use the Services for unlawful, fraudulent, abusive or nuisance purposes; materially impair the Network; modify supplied Equipment or Services except as permitted by law, manufacturer specifications or Plum Networks; or generate Artificially Inflated Traffic.

2.4 Where a particular End User or Connection causes a breach, Plum Networks may suspend that Connection. Where reasonably practicable it will notify the Customer and allow an opportunity to remedy the breach. Reconnection may be subject to a reasonable Charge.

2.5 Charges remain payable during suspension unless the Order or applicable law provides otherwise.

2.6 Plum Networks is not responsible for third-party internet services or other services accessed using the Services.

2.7 The Customer is responsible for all voice, data, roaming, international, premium-rate and out-of-bundle usage, subject to liability that cannot lawfully be excluded.

3. Regulatory Obligations and Number Porting

3.1 Plum Networks will assist with number porting requests in accordance with applicable regulatory requirements and porting procedures.

3.2 Where applicable and reasonably requested, Plum Networks will arrange directory and directory enquiry services. Additional charges may apply to paid or enhanced listings.

3.3 Plum Networks will comply with applicable accessibility requirements relating to directory information.

3.4 Plum Networks will maintain any Alternative Dispute Resolution arrangements required by applicable OFCOM rules. Eligible Customers may use the applicable ADR process in accordance with regulatory requirements and the Complaints Procedure.

3.5 Plum Networks will comply with applicable requirements concerning access to emergency services using 112 and 999. Emergency calling may be unavailable where there is no Network coverage or during certain outages.

4. GSM Gateways

4.1 The Customer must not connect or permit an End User to connect a GSM Gateway to the Network without Plum Networks' prior written consent. Consent may be withheld where reasonably necessary to protect the Network, comply with law or Network Operator requirements, prevent fraud or enforce its GSM Gateway Commercial Policy.

5. Charges and Payment

5.1 Charges are exclusive of VAT unless expressly stated otherwise.

5.2 Charges not specified in an Order will be charged at the applicable Standard List Price.

5.3 Access Fees will normally be invoiced monthly in advance and usage and other Charges monthly in arrears. Invoices are payable within 14 calendar days by direct debit or another agreed payment method.

5.4 The Customer shall maintain a valid direct debit where this is the agreed payment method. Reasonable administration charges may apply to failed payments or cancellation of a direct debit without an alternative arrangement.

5.5 A good-faith invoice dispute must be notified within 14 days of receipt with reasonable details. Undisputed amounts remain payable by the Due Date.

5.6 For overdue undisputed Charges, Plum Networks may seek payment, charge interest at the maximum lawful rate, recover reasonable bank or collection costs and, subject to law, suspend or terminate affected Services.

5.7 The Customer may not set off amounts it claims against Charges due unless Plum Networks agrees in writing.

5.8 Plum Networks may carry out reasonable credit assessments and set or amend credit limits. It may require a deposit or payment on account where reasonably necessary to manage credit, fraud or usage risk.

5.9 Unless the Order permits otherwise, the Customer may not move to a lower fixed-charge tariff during a Minimum Period.

5.10 An upgrade, renewal or tariff change during a Minimum Period may create a new or extended Minimum Period where stated in the Order.

5.11 Roaming, international, premium-rate, excess data and other out-of-bundle usage will be charged at the applicable rates in force when used.

5.12 Where the Order specifies an annual RPI-linked increase, Plum Networks may apply the stated formula subject to applicable law and regulatory requirements. The current commercial formula must be confirmed before execution.

6. SIM Cards and Mobile Numbers

6.1 SIM Cards supplied by Plum Networks remain its property unless the Order states otherwise. The Customer receives a limited right to use them for the relevant Services.

6.2 The Customer shall take reasonable steps to prevent unauthorised SIM use and notify Plum Networks promptly of loss, theft or compromise. Subject to applicable law, the Customer remains responsible for Charges incurred before effective notification.

6.3 Plum Networks may allocate, change or withdraw numbers where required by law, a Regulatory Authority or Network Operator, or because of Customer breach, using reasonable endeavours to minimise disruption.

6.4 Plum Networks will process porting-away requests in accordance with applicable porting rules.

6.5 Plum Networks will submit porting-in requests as soon as reasonably practicable after receiving the information required.

7. Software Licences

7.1 Software supplied with Equipment or Services may be owned by Plum Networks, a Network Operator, manufacturer or other licensor. Applicable licence terms govern use. Where no separate licence applies, Plum Networks grants a non-exclusive, non-transferable licence to use the Software solely as necessary to receive the Services during the relevant Service Period.

7.2 The Customer shall comply with applicable licence restrictions and shall not reverse engineer or misuse Software except where permitted by law.

8. Orders and Equipment

8.1 Services and Equipment may be ordered through Plum Networks' electronic, email, telephone or other notified ordering process. The Customer is responsible for accurate Order information.

8.2 An Order becomes binding when accepted by Plum Networks. Acceptance may occur expressly or through dispatch/provisioning of SIMs or Equipment, allocation of a Connection or number, activation/configuration, submission of a porting request or activation of the Service.

8.3 Plum Networks is not responsible for delay caused by inaccurate Customer information, failure to provide required information, porting delays, Customer configuration or other Customer dependency.

9. Equipment

9.1 Where Plum Networks supplies Equipment directly, risk passes to the Customer on delivery, subject to applicable law.

9.2 The Customer should notify Plum Networks promptly of shortage, visible damage or apparent defect and, where reasonably practicable, within 3 working days. This does not remove statutory rights that cannot lawfully be excluded.

9.3 Unless the Order states otherwise, title to Equipment supplied on loan, rental or similar basis remains with Plum Networks. On expiry or termination the Customer shall return it in Good Working Order within 10 working days, subject to fair wear and tear. Plum Networks may charge the reasonable replacement cost for Equipment not returned.

9.4 For Equipment faulty within the manufacturer's warranty period through no Customer fault, Plum Networks will use reasonable endeavours to arrange repair or replacement under the applicable recovery or manufacturer policy. Out-of-warranty work may be chargeable.

9.5 Plum Networks does not manufacture Equipment and, except for rights expressly given in these Terms or the Order, passes through applicable manufacturer warranties to the extent it can.

9.6 The Customer shall not remove markings from Equipment it does not own and shall not tamper with or permit unauthorised repair.

9.7 Equipment and accessories are subject to availability. Where necessary, Plum Networks may offer an equivalent alternative, subject to the Order.

9.8 Security codes supplied by Plum Networks must be kept confidential and compromised codes must be reported promptly.

9.9 Plum Networks is not obliged to provide upgrades during or after a Minimum Period unless agreed. An upgrade may be subject to a new Minimum Period.

10. Usage Controls, Deposits and Alerts

10.1 Plum Networks may set reasonable call, spend, data, roaming, international or Connection limits having regard to credit, fraud and Network risk.

10.2 Plum Networks may require a deposit or payment on account when activating a Connection, increasing limits, materially increasing usage or enabling international, roaming or premium-rate services.

10.3 Following expiry or termination, refundable deposits will be repaid after deducting amounts properly due. No interest is payable unless required by law.

10.4 Where usage materially or unusually increases, Plum Networks may require payment of outstanding usage Charges before continued use.

10.5 Usage alerts are best endeavours only and are not a cap, bar or guarantee. The Customer remains responsible for Charges whether or not an alert operates.

10.6 Alerts, limits and monitoring tools do not constitute an indemnity, guarantee or insurance against Charges.

10.7 Subject to liability that cannot lawfully be excluded, Plum Networks is not responsible for the amount of usage Charges incurred by the Customer or End Users.

11. Term and Termination

11.1 The Customer may terminate the Agreement or an affected Service on at least one month's written notice, subject to the applicable Service Period, Minimum Period and early termination Charges.

11.2 Either Party may terminate immediately for insolvency or a material breach that is capable of remedy and remains unremedied 30 days after written notice.

11.3 Plum Networks may terminate all or part of the Services where the Customer fails to pay undisputed Charges within the applicable period following the Due Date, or where repeated suspension rights have been exercised because of breach, fraud, misuse or non-payment.

11.4 The receiving Party shall acknowledge termination notices as soon as reasonably practicable.

12. Consequences of Termination and Early Termination Charges

12.1 On termination the Customer shall cease using the terminated Service and any Software licence that ends with it, except Software embedded in Equipment owned by the Customer.

12.2 Where reasonably requested, the Customer shall return or securely delete relevant Documentation or Software, subject to legal retention requirements.

12.3 Termination does not affect accrued rights or sums already due.

12.4 Unless an Order states otherwise, a Service may continue after its initial Service Period until terminated on 30 days' notice.

12.5 Cancellation of an accepted Order before its Service or Connection term ends is subject to applicable early termination Charges.

12.6 Where a Customer terminates or cancels before the applicable term ends, it shall pay the early termination amount stated in the Order or calculated under clause 12.7, subject to applicable law.

12.7 Unless the Order states a different lawful calculation, the early termination payment will comprise: (a) the applicable recurring Access Fee for each affected Connection multiplied by the remaining months; (b) unrecovered cost of Equipment supplied free or at a discount; and (c) any fixed early termination fee expressly stated in the Order or applicable price list.

12.8 If the Customer systematically or materially reduces Connections during a committed term in a way that defeats the commercial basis of the Order, Plum Networks may terminate the affected Service and apply the applicable early termination provisions, subject to the Order and law.

13. Intellectual Property

13.1 Intellectual Property Rights in Services, Software, Documentation and Equipment owned by Plum Networks or its licensors remain with their respective owners.

13.2 The Customer receives only rights expressly granted by these Terms, the Order or applicable licence terms and shall not knowingly jeopardise those rights.

14. Changes to Terms and Charges

14.1 Plum Networks may amend these Terms where reasonably necessary to comply with law, regulation, a Regulatory Authority, Network Operator requirement or material underlying service change. Advance notice will be given where reasonably practicable and required.

14.2 Any RPI-linked or other recurring price increase will apply only where expressly provided and in accordance with applicable law and regulatory requirements.

14.3 Other material changes shall be made by written agreement or under a lawful contractual variation mechanism.

15. Confidentiality and Customer Information

15.1 Each Party shall keep the other's confidential information confidential and use it only for the Agreement, except for lawful disclosures to advisers, insurers, auditors, suppliers, group companies, regulators or courts.

15.2 Plum Networks may retain and use Customer Information reasonably required to provide, administer, bill, secure and support the Services, prevent fraud and comply with legal obligations.

15.3 Plum Networks may disclose information to Network Operators, Resellers, suppliers, subcontractors, advisers, regulators and other parties where reasonably necessary to provide the Services or comply with law.

16. Liability

16.1 Nothing excludes or limits liability to the extent prohibited by law, including death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

16.2 The Customer's obligation to pay Charges properly due is not limited by the liability cap.

16.3 Subject to clause 16.1, Plum Networks' aggregate liability arising from an Order, Equipment or Service shall not exceed 100% of Charges paid or payable under the relevant Order during the 12 months preceding the event giving rise to the claim.

16.4 Subject to clause 16.1, neither Party shall be liable for indirect, special or consequential loss or loss of profits, revenue, anticipated savings, business, contracts, goodwill, reputation or loss/corruption/destruction of data, except where such loss cannot lawfully be excluded.

16.5 Plum Networks shall not be liable for failure caused by a Network Operator, Overseas Network, Reseller, manufacturer, third-party service or other supplier outside its reasonable control, except to the extent caused by Plum Networks.

16.6 Plum Networks is not responsible for failure caused by unauthorised Customer changes, misuse, abnormal usage, unauthorised access, incompatible Equipment or third-party interference, except to the extent caused by Plum Networks.

16.7 Subject to applicable law, no contractual claim may be commenced more than two years after its cause of action arose.

17. Force Majeure

17.1 Neither Party shall be liable for failure or delay caused by an event beyond reasonable control, including telecommunications failures, fire, flood, severe weather, industrial action, war, civil disorder, government or regulatory action, power failure, supply-chain disruption or third-party communications failure. If it continues for more than 60 days, either Party may terminate affected Services on written notice, subject to accrued payment obligations.

18. Assignment and Subcontracting

18.1 Plum Networks may assign this Agreement to a group company, successor or purchaser of the relevant business and may use subcontractors and suppliers.

18.2 Plum Networks may assign rights to receive payment or other rights to a Reseller or supplier where reasonably required for the Services.

18.3 The Customer may not assign this Agreement without Plum Networks' prior written consent, which may be subject to reasonable conditions including credit assessment.

18.4 Unless expressly stated otherwise, a person who is not a party has no right to enforce this Agreement under the Contracts (Rights of Third Parties) Act 1999.

19. Data Protection

19.1 Each Party shall comply with applicable Data Protection Law.

19.2 The Customer will generally act as controller of Personal Data supplied by or on behalf of the Customer and Plum Networks may act as processor where processing is on the Customer's documented instructions. Plum Networks may also act as an independent controller for account, billing, fraud prevention, Network security, legal, regulatory and service administration purposes where permitted.

19.3 The Customer shall ensure it has a lawful basis and has provided required privacy information for Personal Data supplied to Plum Networks.

19.4 Where Plum Networks acts as processor it shall process Personal Data only on documented instructions unless law requires otherwise and will inform the Customer of instructions it reasonably believes infringe Data Protection Law.

19.5 Plum Networks shall implement appropriate technical and organisational security measures.

19.6 The Customer gives general authorisation for Plum Networks to use sub-processors reasonably necessary to provide the Services. Appropriate contractual protections shall be maintained.

19.7 Plum Networks shall provide reasonable assistance with data subject rights, security obligations, impact assessments, regulatory consultations and Personal Data Breaches, taking account of the nature of processing and information available.

19.8 Plum Networks shall make available information reasonably necessary to demonstrate compliance and permit appropriate audits, subject to reasonable notice, confidentiality, minimal disruption and reasonable cost recovery where permitted.

19.9 International transfers shall comply with applicable transfer requirements and use an appropriate lawful mechanism where required.

19.10 On termination, Plum Networks shall return or delete Personal Data processed on the Customer's behalf where required, subject to lawful retention and backup cycles.

20. General Provisions

20.1 Each Order forms a separate agreement incorporating these Mobile General Terms, applicable Service Schedules, Policies and Documentation. Unless the Order states otherwise, priority is: agreed written amendment, Order, Service Schedule, these General Terms, then Documentation and Policies.

20.2 Contractual notices shall be in writing and sent to the addresses or email addresses specified for notices. Electronic signature and contracting processes may be used.

20.3 Failure or delay in exercising a right is not a waiver. A waiver must be written.

20.4 Termination does not affect accrued rights or obligations and provisions intended to survive shall continue.

20.5 This Agreement is governed by the law of England and Wales and the courts of England and Wales shall have jurisdiction, subject to mandatory rights.

20.6 If a provision is unlawful or unenforceable, it shall be modified or deleted only to the extent necessary and the remainder continues.

20.7 Changes made by the Customer to systems, Equipment, configurations or processes that affect Services are at Customer risk. Plum Networks may charge for remedial work.

20.8 Equipment or Services supplied but not expressly covered by an Order are, unless otherwise agreed, supplied under these Terms at the applicable Standard List Price.

20.9 Complaints may be raised through Plum Networks' Complaints Procedure and, where applicable, escalated under regulatory ADR arrangements.

20.10 Each Party shall provide accurate information reasonably required to perform the Agreement and notify the other of material changes.

21. Definitions

Access Fee – The recurring fee payable for a Connection or Service as specified in an Order.

Alternative Dispute Resolution Scheme – An ADR scheme approved or recognised under applicable OFCOM requirements.

Amendment Notice – A notice recording a permitted change to these Terms.

Artificially Inflated Traffic – Traffic materially disproportionate to expected good-faith commercial use, inconsistent with the Customer's normal profile, generated by unauthorised automated means, or reasonably considered to present fraud, Network or credit risk.

Business Day – A day other than Saturday, Sunday or public holiday in England on which banks are generally open.

Charge – Any Access Fee, Connection Fee, Equipment charge, Software charge, usage charge or other amount payable under an Order or these Terms.

Codes of Practice – Applicable codes, rules, guidance and instructions issued by recognised industry bodies, Network Operators or Regulatory Authorities.

Complaints Procedure – Plum Networks' complaints procedure as updated from time to time.

Connection – A SIM Card or eSIM profile and/or mobile number provisioned for use under an Order.

Customer – The person or legal entity entering into an Agreement with Plum Networks.

Data Protection Law – Applicable UK and, where relevant, EU data protection and privacy laws, including the UK GDPR and Data Protection Act 2018, as amended or replaced.

Due Date – The date by which an invoice must be paid.

End User – An employee or contractor of the Customer authorised to use the Services.

Equipment – Tangible equipment supplied by or on behalf of Plum Networks for use with the Services, excluding a SIM Card unless stated otherwise.

Force Majeure – An event beyond a party's reasonable control that prevents or materially delays performance.

Good Working Order – Fully operational condition, free from material damage, subject to fair wear and tear.

GSM Gateway – Equipment containing or using a SIM Card to route calls between fixed and mobile networks.

Insolvency Event – An event including insolvency, administration, liquidation, cessation or threatened cessation of business, or inability to pay debts under applicable insolvency law.

Intellectual Property Rights – Patents, copyright, trademarks, design rights, database rights, domain names, know-how and other intellectual property rights.

Minimum Period – The minimum commitment period stated in an Order.

Network – The mobile telecommunications network used to provide the Services.

Network Operator – The relevant mobile network operator supplying the underlying Network.

OFCOM – The Office of Communications or its successor.

Order – The document or electronic order recording Services, Equipment, Charges, Service Periods and specific commercial terms.

Overseas Networks – Mobile networks outside the UK used for roaming and not controlled by Plum Networks.

Personal Data – Information relating to an identified or identifiable natural person.

Port – The transfer of a mobile number between mobile service providers.

Regulatory Authorities – OFCOM, the Information Commissioner's Office and other authorities with jurisdiction over the Services.

Reseller – A supplier or reseller through which Plum Networks obtains or provides relevant mobile services or Equipment.

Service – A mobile telecommunications, data, roaming, SIM, connectivity or related service supplied under an Order.

Service Period – The minimum period for which the Customer commits to receive a Service.

SIM Card – A physical SIM or eSIM profile used to authenticate and connect Equipment to the Network.

Software – Software supplied or made available with Equipment or Services.

Standard List Price – Plum Networks' standard price for the relevant Service or Equipment, as notified to the Customer.

Questions about these terms? Call 0208 905 9060 or email office@plumnetworks.co.uk.