Schedule 2 - Mobile
The terms of this Schedule 2 shall apply to the provision of mobile airtime and must be read in conjunction with the CFA.
The Minimum Term shall be the period beginning on the Commencement Date and ending on the second anniversary of the Commencement Date, unless otherwise specified in the CFA.
The Contract may be terminated by either party giving to the other party not less than 30 days’ written notice, such notice to expire no earlier than the Minimum Term, subject to paragraph 3.
All sums due from the Customer to DuoCall under the Contract must be paid by way of direct debit, subject to paragraph 2.2.
Where DuoCall has already begun to provide the Customer with Deliverables and the Customer has not yet entered into direct debit arrangements, DuoCall reserve the right to:
charge to the Customer an administration fee of £5 per handset, per month (which may vary from time to time to reflect any increases in administration costs with or without notice);
bar access to any Sim Cards which are necessary for the performance of the Deliverables; or
charge to the Customer 3% of any outstanding sums due under the Contract if any payment is made to DuoCall by way of credit card;
until such time as direct debit arrangements have been entered into successfully by the Customer.
If any hardware or airtime is to form part of the Deliverables, they shall be subject to a minimum order charge of £5 and subject to any minimum average revenue threshold set out in the CFA (“Minimum Threshold”).
Without limiting any of its rights under the Conditions, DuoCall may vary at any time any prices and charges in respect of the Deliverables in order to reflect any increases in the cost of the Deliverables stipulated by any network provider.
The fees for the provision of mobile airtime is the fees set out in the CFA.
Subject to paragraph 3.3, if the Customer terminates the receipt of the provision of mobile airtime before it is entitled to do so under paragraph 1.3, the Customer will pay to DuoCall a termination charge, which will be the greater of:
the fees for the provision of mobile airtime payable in respect of the unexpired residue of the Minimum Term or (if applicable) the current Additional Term.
The Customer acknowledges that this termination charge is intended to place DuoCall financially in the position that it would have been in if the provision of mobile airtime had been provided for the full Minimum Term or Additional Term (as the case may be), and represents a genuine pre-estimate of the losses which DuoCall will incur as result of early termination of the provision of mobile airtime. It is not intended in any respect to be punitive in nature.
This termination charge is due immediately upon the effective date of termination of the provision of mobile airtime, and is payable in addition to any other monies payable under the Contract.
DuoCall may, in its absolute discretion, allow the Customer to terminate the Contract with effect from a date falling prior to the end of the Minimum Term. It will be a condition of any such early termination that the Customer:
pays to DuoCall the difference between DuoCall’s standard charge for the provision of mobile airtime over the duration of the Contract and any discounted charge for mobile airtime actually paid by the Customer; and
returns any mobile handsets previously supplied by DuoCall to the Customer.
4. OTHER OBLIGATIONS
If any device or telecommunications equipment is provided to the Customer by DuoCall in respect of airtime services, the Customer shall not interfere or permit any third party or End-User to interfere with such equipment and shall indemnify DuoCall for its full replacement value in the case of loss, damage or destruction, save for fair wear and tear.
DuoCall reserves the right to bar any device forming part of the Deliverables from making calls (save for to the Emergency Services) if DuoCall has any cause to suspect unlawful, immoral or improper use of any part of the device, including its SIM card, or if the device is identified as being stolen. In such circumstances, a re-connection charge may be payable in accordance with Clause 4.10.
The Customer must only use the SIM card provided to it or a SIM card which has been approved by DuoCall in respect of any device provided and must not use any GSM Gateway devices in conjunction with any SIM cards provided or approved by DuoCall. The Customer must not use any equipment provided by DuoCall for any purpose other than that for which it was designed or intended, or for the self-provision of any wireless telecommunications service, including the use of any gateway devices.
DuoCall will use reasonable endeavours to make available to the Customer any functionality made available by its network partners which allows the provision of airtime alerts and airtime bars. DuoCall gives no warranty or representation of any kind that this functionality will be available or that any availability will be uninterrupted, nor does it warrant or guarantee in any way the quality or reliability of it.
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