Please read these Service Terms and Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which Tesco Mobile makes the Service available to you. If you connect a mobile device on a Tesco Mobile Pay monthly tariff, these Service Terms and Conditions will apply to your use of the service.
If you have purchased your mobile device using a credit agreement, some of these terms and conditions may not apply to you and others apply. Where this is the case, we have highlighted this below.
PLEASE NOTE: that the following features are not available on the Tesco Mobile network; visual voicemail, conference calling, call forwarding.
1. What is Tesco Mobile Pay monthly Service?
1.1 The Tesco Mobile Pay Monthly Service is an airtime service that enables you to make or receive calls, to send and receive data and to access information via the Internet (as the case may be according to your tariff and device type) by means of the mobile phone network provided by Telefonica UK and used by us (‘Network’) and any additional services we agree to provide to you (‘Tesco Mobile Pay Monthly Service’).
1.2 The Tesco Mobile Pay Monthly Service is provided for a Minimum Contract Period as set out in Paragraph 4 and at a tariff or tariff(s) applicable to that Minimum Contract Period. The price payable for the Tesco Mobile Pay Monthly Service and what each tariff provides are set out on www.tescomobile.com or in the relevant marketing materials. As guaranteed by the Tesco Mobile Tariff Promise, we will not increase the monthly subscription price of your Tesco Mobile Pay Monthly Service tariff during your Minimum Contract Period. Charges for any usage outside of your Inclusive Allowance of minutes, texts or data will apply, and the rate of such charges may be subject to change and published at www.tescomobile.com or the relevant promotional marketing materials. Price changes outside of our control, such as national changes in VAT, may be passed on. If you have purchased your mobile device using a credit agreement your minimum period will only relate to your Tesco Mobile Pay Monthly tariff.
1.3 The only equipment that we provide to you is the card needed to access the Tesco Mobile Pay Monthly Service (‘SIM Card’) and, depending on the tariff you purchased your mobile device using a credit agreement your device will be provided under that credit agreement.
1.4 The Tesco Mobile Pay Monthly Service is only available to customers aged 18 years or over on the date you offer to receive the Tesco Mobile Pay Monthly Service.
2. When your Service Agreement begins
2.1 Your Service Agreement is contained in these Terms & Conditions and the current chargeable usage rates, updated and published from time to time are available on our website.
2.2 Your order or request for a SIM Card and, where applicable, a mobile device is an offer to receive the Tesco Mobile Pay Monthly Service from us. Nothing that we do or say will amount to any acceptance of your offer until we despatch (in the case of sales via phone or tescomobile.com) or provide (in the case of in-store sales) the SIM Card and, where applicable, the mobile device, to you, at which point a contract will be made between us. At any point up until then you may cancel your order or we may decline to supply the Tesco Mobile Pay Monthly Service to you. If we decline to supply an item and you have already paid for it, we will give you a full refund of any amount already paid for that item. If you have purchased your mobile device using a credit agreement, the contract to supply you with a SIM Card and a mobile device is made when your credit agreement is completed.
2.3 Acceptance of your offer is subject to the successful completion of a credit check.
2.4 Monthly subscription charges for your tariff (if any) will start when the SIM Card is activated, which is at the point of purchase.
2.5 For orders placed via phone or www.tescomobile.com, your SIM Card and, where applicable, your mobile device will be despatched by first class post to your billing address.
2.6 Whilst we make every effort to despatch your SIM Card and, where applicable, your mobile device within seven working days of the date of your online or phone order, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control. A signature may be required at delivery for orders that include a mobile device. If this is required, this will be explained to you before you place your order.
2.7 Rightful possession of the SIM Card and, where applicable, mobile devices will not pass to you until we have delivered the item to you. Risk of damage or loss of an item passes to you when an item is delivered.
2.8 You may have up to five subscriptions registered to each Tesco Mobile Pay Monthly Service account. To ensure availability of our SIM Cards, customers are limited to ordering or purchasing a maximum of five SIM Cards per transaction.
2.9 Where SIM Cards and, where applicable and subject to Paragraph 2.2 in respect of mobile devices purchased using a credit agreement, mobile devices are despatched separately, our acceptance of the order in respect of each item takes place when each SIM Card is despatched.
2.10 If for any reason beyond our reasonable control, we are unable to supply the SIM Card and, where applicable, a mobile device, we will not be liable to you, and you may choose to cancel part or all of your order.
3. Cancellation during Cooling off period
3.1 If you change your mind after you have purchased a SIM Card and, where applicable, a mobile handset, you can tell us that you would like to cancel anytime within 14 days from the date of receipt or collection of the SIM Card and, where applicable, the mobile device (‘Cooling-off Period’).
3.2 If you purchased a SIM Card and, where applicable, a mobile device through the Tesco Mobile website or through Telesales and you would like to cancel during the Cooling-off Period, please notify Tesco Mobile Customer Care on 0345 301 4455 or contact Customer Care team. Cancellation will occur on the date you notify us.
3.3 If you purchased a SIM Card and, where applicable, a mobile device in a store, please return to the store where you entered into your Service Agreement to cancel your Service Agreement. Cancellation will occur on the date you cancel your Service Agreement in store subject to the return of your device in accordance with Paragraph 3.6, where applicable.
3.4 If you use the Tesco Mobile Pay Monthly Service and you subsequently cancel your Service Agreement in accordance with this Section 3, you will incur charges for any usage you have made on the Tesco Mobile Pay Monthly Service. The charges you will incur will be the total sum of (1) the current standard rate charges for calls, text and data within the Inclusive Allowance categories capped at the fixed monthly subscription tariff and any bundles you selected when you made your purchase, plus (2) the current standard rate charges for any calls, text and data outside of the Inclusive Allowance categories. Please see our current rates and Tesco Mobile Pay Monthly tariff terms and conditions for a full explanation of the calls, text and data for which Inclusive Allowance can and can’t be used.
3.5 Once we have heard from you that you wish to cancel your Service Agreement we will credit any sum debited by us from your credit or debit card when you made your purchase. We will do this within 30 days of the cancellation date provided that you comply with the requirements of this Section 3. If you have made any use of the Tesco Mobile Pay Monthly Service you will incur charges for that use as set out in Paragraph 3.4. We will send you a final bill setting out these charges. The final bill will be payable by your regular monthly payment date you chose when you purchased the Pay Monthly Service.
3.6 You are required to take reasonable care of any mobile device we provide. If you change your mind and cancel your Service Agreement in accordance with this Section 3, you must return the mobile device in its original packaging with all of its components within 14 days of the date on which you notify us of cancellation. If you purchased in a store, please return the device to the store where you purchased the device. If you purchased your device via the Tesco Mobile website or telesales, you must return your mobile device in accordance with the instructions we give you at the time you notify us that you wish to cancel. If you do not return the item as instructed, we may make a charge in respect of the cost of recovering (or attempting to recover) the mobile device.
3.7 If you have a SIM only contract and you cancel during the Cooling off Period, you do not need to return the SIM to us and, following disconnection from the Tesco Mobile Pay Monthly Service, you may use your SIM card to connect to the Tesco Mobile Pay as you go network.
3.8 If you have purchased your mobile device using a credit agreement, your Cooling-off Period will be as set out in your credit agreement. Paragraphs 3.4 to 3.6 will still apply to you.
3.9 This Section 3 does not affect your statutory rights.
4. Minimum Term, billing dates and changing tariff
4.1 This Service Agreement is subject to a Minimum Contract Period, the duration of which will be clearly explained to you before you offer to receive the Tesco Pay Monthly Service (‘Minimum Contract Period)’. Your Minimum Contract Period will commence on activation of your SIM Card and, where applicable, your mobile device. This will also be your Billing Date unless you request a different Billing Date in accordance with Paragraph 4.4.
4.2 Where your Minimum Contract Period is one month, a new Minimum Contract Period of one month will start on the anniversary of your Billing Date each subsequent month unless you cancel your contract under Section 3 or Section 5.
4.3 Where your Minimum Contract Period is greater than one month, this Service Agreement will continue after your Minimum Contract Period on a monthly basis until you cancel your contract under Section 3 or Section 5.
4.4 When you sign up to the Tesco Mobile Pay Monthly Service you will be given an option to select a date for paying your bill, which will also determine the date we generate your bill (‘Billing Date’). If you have purchased your mobile device using a credit agreement, your Billing Date will be as set out in your credit agreement. Your next monthly subscription payment will be charged on the Billing Date associated with your chosen payment date, even if this is before your first month has run out. This may result in your first bill period being shorter than one month. In these circumstances, you will be permitted to roll over any Inclusive Allowance minutes, texts or data from the first month until the end of your second month. The third and subsequent months will operate as usual without rollover. Any minutes, text or data monthly allowances included in your tariff will be refreshed on your Billing Date. Your Minimum Contract Period will be revised so that it will end on the relevant anniversary of your new Billing Date, but this will not have the effect of extending your Minimum Contract Period.
4.5 If you are migrating between tariffs, your Billing Date will remain the same as it was on your previous tariff unless you request otherwise. Your change of tariff will take place on your next Billing Date.
4.6 Subject to Paragraph 4.7, where you have notified us you wish to move to another Tesco Mobile Pay Monthly tariff, unless we advise otherwise, your new tariff will commence on your next Billing Date.
4.7 If you change tariffs for any reason, e.g. when upgrading or moving to a promotional offer, any unused Inclusive Allowance minutes, texts or data provided as part of your previous tariff will not be carried forward. If you move from a Tesco Mobile Pay Monthly or Tesco Mobile Pay as you go tariff which is not currently available you will not be able to change back to your previous tariff.
4.8 You may request a tariff transfer by notifying Tesco Mobile Customer Care. However, within your Minimum Contract Period you can only move onto a tariff with a higher monthly tariff subscription price. If you request to move to a tariff of the same or less monthly tariff subscription price, Early Termination Charges may apply. This does not affect your right to cancel your contract under Section 3 or Section 5.
5. Ending this Service Agreement
5.1 After the Cooling-off Period, you may cancel your Service Agreement at any time by contacting Tesco Mobile Customer Care.
5.2 If you have committed to a Minimum Contract Period of one month, your cancellation will take effect on your next Billing Date. However, it takes up to 48 hours for us to process your cancellation, meaning you need to cancel at least 48 hours before your next Billing Date to ensure a further month of Minimum Contract Period does not start. If a new Minimum Contract Period does start, your cancellation will automatically take effect on the following Billing Date.
5.3. If your contract has a Minimum Contract Period of more than one month, you may cancel your Service Agreement at any time. If you cancel after the Cooling-off Period but before the end of your Minimum Contract Period, you may incur an Early Termination Charge. This charge will never be more than your monthly subscription price multiplied by the number of months remaining on your contract and we will not receive any benefit over and above the contracted obligation. The amount of the charge will be notified to you before you cancel. If you’ve purchased your mobile device under a credit agreement, there are separate terms in your credit agreement about your right to repay early and ending your credit agreement.
5.4 We may end your Service Agreement at any time by emailing you and giving you 30 days’ notice. We may also end our Service Agreement with you immediately if:
(a) You breach an important term of this Service Agreement (for example, you do not comply with Paragraph 11.3 and we determine, at our sole discretion, that your use of the Tesco Mobile Pay Monthly Service is, or at any time was, inconsistent with normal residential use patterns);
(b) You breach any other term of this Service Agreement and do not put it right within seven days of us asking you to (and, if you breach a term of your credit agreement and do not put it right within the terms of the credit agreement);
(c) You fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account(s);
(d) You give us information about yourself which we reasonably believe to be false or misleading;
(e) You are the subject of bankruptcy or insolvency proceedings, or if you do not make a payment under a judgment of a Court or fine, or you make an arrangement with your creditors or a receiver or administrator is appointed over any of your assets, or you go into liquidation; or
(f) We are no longer able to provide the Tesco Mobile Pay Monthly Service to you despite making all reasonable efforts to do so.
5.5 Both of us must continue complying with this Service Agreement until we stop providing the Tesco Mobile Pay Monthly Service to you. You will be charged for all monthly subscription charges incurred and calls made prior to cancellation. The end of this Service Agreement, for whatever reason, shall not affect either of our rights or liabilities.
5.6 If at any time we do not require you to comply with this Service Agreement, this does not prevent us from asking you to at a later time.
6. Changes to this Service Agreement
6.1 As stated in Paragraph 1.2, under the Tesco Mobile Tariff Promise, we guarantee we will not increase your Tesco Mobile Pay Monthly tariff subscription price during your Minimum Contract Period (such as 12, 18 or 24 months). Your actual bill may vary if you exceed your usage limits or you use services not included in your Inclusive Allowance.
6.2 Subject to clause 6.1, we can change this Service Agreement at any time. We will notify you of any significant changes either by email to the email address you gave us when you registered for Tesco Mobile Pay Monthly Service or via your bill. If you continue to use the Tesco Mobile Pay Monthly Service after the date on which the change comes into effect, your use of the Tesco Mobile Pay Monthly Service indicates you agree to the changed Service Agreement and will be bound by it.
7. Suspending your use of Tesco Mobile Pay monthly Service
7.1 We may suspend your use of the Tesco Mobile Pay Monthly Service (other than calls to emergency services) immediately:
(a) If we need to carry out repairs, maintenance or the introduction of new aspects to the Tesco Mobile Pay Monthly Service. We will try to restore the Tesco Mobile Pay Monthly Service as soon as we can.
(b) If we are directed to by the Government, the emergency services or any other competent or lawful authority.
(c) to protect you under Paragraph 11.3.
(d) If you are persistently abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or property, or that of our agents.
(e) If you do anything or permit anyone else to do anything which we reasonably think adversely impacts the service to other customers or may adversely affect the Network.
(f) For any of the reasons set out in Paragraph 5.4.
7.2 As an added security feature to protect you, we may suspend your account’s access to the Tesco Mobile Pay Monthly Service where we suspect unusual use of the Tesco Mobile Pay Monthly Service, for example, the volume or destination of calls increases significantly. We will only ever suspend Tesco Mobile Pay Monthly Service like this in exceptional circumstances and will try to contact you beforehand, but this may not be possible.
7.3 Where more than one user is set up under an account, we may suspend use by any or all of those users if we reasonably suspect fraud or money laundering in relation to any person using the account.
7.4 If we suspend your service because you break this Service Agreement, the Service Agreement will still continue until it is ended under Paragraph 5.4. You must pay all charges during that time
8. Use of personal information - including fraud prevention
9. The Tesco Mobile Pay monthly Service
9.1 The Tesco Mobile Pay Monthly Service is not available in all parts of the United Kingdom nor is it available in all other countries. It may be restricted to certain areas within areas where access to the Tesco Mobile Pay Monthly Service is possible. Not all mobile devices will be able to receive the Tesco Mobile Pay Monthly Service in all countries due to a number of reasons, including the technology the country’s mobile networks operate on, or the mobile device may be locked to another network. We only agree to provide the Tesco Mobile Pay Monthly Service to mobile devices of a make and type approved by us.
9.2 When we provide you with the Tesco Mobile Pay Monthly Service, we will use the reasonable skill and care of a competent service provider, but the service may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control and we therefore cannot guarantee that the Tesco Mobile Pay Monthly Service will always be available or fault-free.
9.3 We will do our best to provide Tesco Mobile Pay Monthly Service to you and any additional services requested by you (for example, using your device abroad) or if you instruct us to change your Tesco Mobile Pay Monthly Service (for example, to bar calls) by any date we have agreed with you, but our ability to do so may be affected by circumstances beyond our control.
9.4 We will allocate a number for use with your SIM on the Network. The number does not belong to you and may only be transferred to another service provider in certain circumstances (including payment of our costs), details of which are available on request from Tesco Mobile Customer Care. We may also charge you for porting your existing number in accordance with our charges.
9.5 You may ask us to include your mobile phone number in a telephone directory and/or a directory enquiry service. However, you should be aware that, if you request this service, there may be a charge and your number will be made accessible to companies that compile information for marketing purposes. If you are worried about this, you can prevent it from happening by registering your mobile phone number with the Telephone Preference Service on www.tpsonline.org.uk. If you want your mobile phone number to be included in a directory and or a directory enquiry service, please contact us on 0345 301 4455 or 4455 from your Tesco Mobile phone.
9.6 Occasionally we may have to:
(a) Alter the number of your mobile phone, or any other name, code or number associated with the Tesco Mobile Pay Monthly Service for reasons beyond our control, for example where requested to do so by a governmental or regulatory body; if we become unable to supply it to you, such as in the event that we lease the number from a third party company which stops supplying it to us; or where we reasonably believe that the alteration will enhance your use of the Tesco Mobile Pay Monthly Service. If this is the case we will give you reasonable notice.
(b) Temporarily suspend the Tesco Mobile Pay Monthly Service (or any part of it) for operational reasons or in an emergency or for reasons of security.
(c) Bar certain numbers from the Tesco Mobile Pay Monthly Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.
9.7 From time to time we may have to migrate your account from one billing platform to another. In these circumstances we will notify you if migration of your account will affect the Tesco Mobile Pay Monthly Service in any way.
9.8 We reserve the right to add to, substitute, or to discontinue any of the Tesco Pay Monthly Services at any time.
9.9 If you report your mobile device and/or SIM to us as lost or stolen, we have the right to prevent it from being used on the Network. We may also exchange the mobile device identity with other network operators who may choose to prevent the mobile device from being used on their networks.
10. Tesco Mobile Pay monthly Content
10.1 We may provide textual, visual or other information, software, photos, video, graphics, music, sound and other material available through the Tesco Mobile Pay Monthly Service, including information supplied by content providers (‘content’). If we provide content, we will use reasonable endeavours to maintain the content but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. It is a condition of us allowing you access to content that you accept that we will not be liable for any action you take in reliance on content.
10.2 We may vary content or the technical specification of the Tesco Mobile Pay Monthly Service from time to time.
10.3 You may only use content in a way that does not infringe the rights of others (‘Approved Use’) and you must comply with all other instructions issued by us regarding use of content. You shall not store, modify, transmit, distribute, re-sell, copy or incorporate into any other work, part or all of the content in any form, save that you may print or download extracts of content for your personal use only.
10.4 You are solely responsible for evaluating the accuracy and completeness of content and the value and integrity of goods and services offered by third parties over the Tesco Mobile Pay Monthly Service. We will not be a party to, or in any way responsible for any transaction concerning third party goods and services except in the case of negligence on our part.
11. Your use of Tesco Mobile Pay monthly Service
11.1 You must keep confidential all passwords you have nominated in connection with your Tesco Mobile Pay Monthly Service account. We cannot disclose information about your account to anyone until we are satisfied as to their identity, and they have correctly quoted any passwords to us.
11.2 You agree:
(a) To provide us with such information as we reasonably request in connection with this Service Agreement and that all factual information you provide to us is correct.
(b) To take adequate precautions to prevent damage to your SIM Card and mobile device or unauthorised use or theft of the SIM Card and mobile handset.
(c) Use your SIM Card, mobile device and the Tesco Mobile Pay Monthly Service in the way described in any User Guides, or other instructions issued by us.
(d) That the SIM Card shall at all times remain our property.
(e) To inform us as soon as possible by telephone if the SIM Card or mobile device is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner and to co-operate with us in our reasonable security and other checks.
(f) Tell us immediately by calling Tesco Mobile Customer Care if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Tesco Mobile Pay Monthly Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
11.3 You may not, nor allow anyone else to, use the Tesco Mobile Pay Monthly Service:
(a) For any unlawful purpose or not in accordance with fair use.
(b) To make a call which is, or is intended to be, malicious, fraudulent or hoax (including to the emergency services).
(c) To breach the rights of any third party (for example, copyright).
(d) In any way which may damage or affect the operation or quality of Tesco Mobile Pay Monthly Service, the Internet or any other telecommunications system (in particular computer viruses, worms and spam should not be distributed across the Tesco Mobile Pay Monthly Service from or through any software or hardware you have connected to the Tesco Mobile Pay Monthly Service).
11.4 The Tesco Mobile Pay Monthly Service is a retail service that is made available to you only for personal, residential use and not for commercial or business purposes. All commercial or business use is considered by us to be not in accordance with fair use. You may not, nor allow anyone else to use the Tesco Mobile Pay Monthly Service for auto delivery, continuing or extensive call forwarding, telemarketing, solicitation, polling, fax or voicemail broadcasting. If you do use the Tesco Mobile Pay Monthly Service for business or commercial purposes in breach of this Service Agreement, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the Tesco Mobile Pay Monthly Service is faulty or cannot be used by them.
11.5 You agree that you are procuring the SIM card, mobile device (if applicable) and the Tesco Mobile Pay Monthly Service solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card, mobile handset or the Tesco Mobile Pay Monthly Service.
11.6 You must use Tesco Mobile Pay Monthly Service in accordance with this Service Agreement and any other reasonable instructions we give you. Whilst we provide the Tesco Mobile Pay Monthly Service to you, you authorise us to act on your behalf in all dealings with any provider (as applicable) with whom we consider it necessary or useful to deal with in connection with Tesco Mobile Pay Monthly Service.
11.7 If the SIM card or your mobile device is lost, stolen, damaged or destroyed you will be responsible for any charges incurred until you have informed us.
11.8 If you do not comply with any provision of this Paragraph, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) that we suffer as a result.
12. Call Charges
12.1 Charges for the Tesco Mobile Pay Monthly Service, including details for call plans, can be found at www.tescomobile.com.
12.2 Unless otherwise stated, call prices are quoted by the minute and are charged in one second increments rounded up to the nearest penny. Charges for using the Tesco Mobile Pay Monthly Service will be calculated using the details we have recorded. Each call is charged excluding VAT and then rounded up to the nearest penny. VAT is then added where applicable to the total of all charges on your bill. Minimum call charges and durations apply, visit www.tescomobile.com for call charges. Prices are correct at time of going to print but are subject to change.
12.3 Subject to Paragraph 6.1, if we increase the charges for services outside your Tesco Mobile Pay Monthly tariff subscription fee or change the terms and conditions of this Service Agreement to your significant disadvantage (in our reasonable opinion) we will give you 30 days’ notice in writing before the changes take place. We will notify you either in writing or by text message to your mobile phone number and/or by email where you have supplied your email address to us for this purpose.
12.4 You may be charged to receive certain premium rated text messaging services and multi-media messaging services. We will not notify you of call charges for premium rate services operated by third parties. Visit tescomobile.com for a list of call charges. Please check these before calling premium rate numbers.
12.5 Where the Inclusive Allowance of a tariff includes inclusive or unlimited allowances which apply to certain calls, texts or data up to a monthly limit, unused inclusive or unlimited allowances cannot be carried forward from one month to the next unless expressly stated by us. In this context “monthly” or “month” means calls recorded by us from your Billing Date, which may not equate to a calendar month. Generally, calls, data and texts will be set against applicable inclusive or unlimited allowances in the order in which they are recorded by us. Certain types of calls, such as roaming calls may take longer to be billed.
12.6 Call charging rates which vary according to the time of day and are billed according to the time of call initiation.
12.7 You must pay your monthly bill under this Service Agreement and (if applicable) any credit agreement by the date stated on the bill.
12.8 You will be liable for all charges incurred by use of the Tesco Mobile Pay Monthly Service under this agreement whether incurred by you or anyone else using your mobile phone (with or without your knowledge). You must pay the charges to us or as we direct.
12.9 We will impose a maximum limit on your account which will be reached if your chargeable calls are equal to or exceed:
a) £300 for £45 per month iPhone contract.
b) £250 for £35 and £40 per month iPhone contract.
c) £200 for £20 and £25 per month iPhone contract.
d) £40 for a standard tariff that is £10 or less.
e) Four times your monthly subscription in any one month for tariffs that are more than £10, but less than £17.50. For example, if your monthly subscription is £15, your maximum limit is £60.
f) £70 for a tariff that is between £17.50 and £25.
We will also monitor usage of the Tesco Mobile Pay Monthly Service via your account for the purpose of imposing your maximum limit, controlling our credit risk and your exposure to fraudulent usage. Your account will be assessed automatically at four hourly intervals. Therefore, any significant spend within a four hour period will not be detected until the next automatic check and no call restrictions will be applied during that time. You will be responsible for any spend that you incur beyond your maximum limit before any call restrictions are imposed. If usage on your account reaches the maximum limit or gives us cause for concern we will attempt to contact you by text message or by calling your mobile phone. If we are unable to contact you, we may have to restrict use of the Tesco Mobile Pay Monthly Service on your mobile phone and/or we will have to suspend your Tesco Mobile Pay Monthly Service. You will need to contact us before you can use any of the chargeable aspects of the Tesco Mobile Pay Monthly Service. You may be required to make an interim payment by purchasing additional credit by way of top-up or payment before the Tesco Mobile Pay Monthly Service can be reinstated. Following your top-up or payment, it may take up to 12 hours to reinstate your Tesco Mobile Pay Monthly Service.
12.10 Paragraph 12.9 does not apply to you if you are on a tariff that requires you to pay credit onto your account (‘Top-up’) in addition to your monthly subscription.
12.11 If you wish to make international calls or use our international roaming service we may ask you to demonstrate a satisfactory billing history. Unless otherwise stated, if you use your mobile device abroad you will be charged for incoming and outgoing calls.
12.12 If you’ve chosen a tariff that allows you to cap your chargeable usage, we’ll cap your usage, over and above your Inclusive Allowance, at the level you have set or the default for your particular tariff (inside the guidelines set out below). If you chose not to cap your tariff, we’ll automatically impose a maximum cap on your account if your chargeable usage is equal to the values shown in this table.
|Tariff value||Maximum default cap|
|£12.50 and below||£50.00|
|Above £12.50 and up to £25.00||£50.00|
12.13 Your cap, whether imposed by you or us, will apply both in the UK and abroad. If you reach your bill cap and have used all of your monthly Inclusive Allowance minutes, texts or data, you will only be able to receive calls (in the UK, but not abroad) and texts (anywhere in the world), until you either increase your cap via your online account, or make a top-up or payment to adjust your spend to within your cap.
12.14 Where you choose a Capped tariff, there are some specific circumstances where you may receive a bill which is above your normal cap. These are usually one-off anomalies due to the timing of specific usage, changes to your account or tariff changes around the time of our billing cycle. These are normal, and should be corrected in your next bill. Examples of these circumstances include: purchasing an additional bundle or bundles mid-month; phone unlocking, or making additional calls, texts or data usage beyond your allowances during the billing process. Alternatively, your account may have other subscriptions on it that are not Capped. If you have purchased a mobile handset on an Anytime Upgrade agreement, your monthly handset cost will not be included as part of your cap
13. Paying your bill
13.1 You can pay by any MasterCard or Visa credit card or by Switch, Maestro (domestic only), Solo, Delta or Electron. We do not accept payments by credit card under any credit agreement. Your credit/debit cards will be encrypted to minimise the possibility of unauthorised access or disclosure. All payments will be taken in pound sterling. If the amount to be paid or the payment dates change, we will notify you 10 days in advance of your account being debited as otherwise agreed.
13.2 You can also pay by Direct Debit, which can be set up when you apply for the Tesco Mobile Pay Monthly Service. The Direct Debit guarantee is offered by all banks and building societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own bank or building society. You can cancel a Direct Debit at any time by writing to your bank or building society. Please also send a copy of the letter to us.
13.3 If you do not maintain your Direct Debit payments, you must pay by another method. If a Direct Debit payment fails and we have your credit/debit card details we may take payment from your card. We will send you an email informing you that we have taken payment in this manner. If Direct Debit or credit card payments continue to fail on a regular basis, we may stop your use of the Tesco Mobile Pay Monthly Service.
13.4 We may require you to pay your charges by Direct Debit. If you are paying by payment card you authorise the payment card company to disclose to us and, under strict obligations of confidentiality, to our sub-contractors and/or agents, details about your payment card account, in so far as is necessary in connection with your agreement with us and to inform us if your payment account is terminated or suspended at any time.
13.5 Your call history log will show what calls have been made through your account and the applicable charges, which are shown including VAT. You can obtain a VAT invoice through your online account. If you ask for a VAT invoice by another method, we may charge for this. If a charge applies, we will let you know the charge in advance.
13.6 All bills will be available in electronic form only. Notification of when your bill is available will be sent to you via your selected notification method, either email or text message. To ensure that we can send your bill to you, you must supply us with a valid email address or mobile phone number. You are responsible for ensuring that you notify us in the event of changes to these details.
13.7 Bills will normally be available monthly, but we may bill you at any time. Your bill will comprise your monthly subscription charge and any calls, texts or data outside of your inclusive minutes, texts or data. If you have purchased your mobile handset using a credit agreement, your bill will also show your separate payment under that credit agreement. You are responsible for the payment of all the charges that appear on your bill. Your bill will be itemised sufficiently so that you can check the accuracy of your bill.
14. Our responsibilities to you
14.1 We do not exclude or restrict our liability for:
(a) Death or personal injury caused by our negligence (or our agent’s negligence).
(c) Any liability under Part I of the Consumer Protection Act 1987, or (d) any of our liabilities that cannot by law be restricted.
14.2 We are responsible for direct losses you suffer as a result of us breaking this Service Agreement with you if the losses are a foreseeable consequence to both of us at the time you enter into this Service Agreement. Our liability shall not in any event include losses, which happen as a side effect of the main loss or damage or which are not foreseeable by you and us, for example business losses such as loss of profits, wasted expense or loss of opportunity. If you suffer any loss, you must let us know as soon as possible by contacting us.
14.3 Subject to Paragraph 14.2, we will also not be responsible for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless this is caused by our negligence.
14.4 If you do experience a problem with the Tesco Mobile Pay Monthly Service, you should first telephone our Customer Care team.
14.5 We shall not be responsible for any delay or failure to provide the Tesco Mobile Pay Monthly Service for reasons beyond our reasonable control, for example fire, explosion, lightning, storm, tempest, flood, earthquakes, riot and civil commotion, failure by a utility company, local authority or other such body, any failure or shortage of fuel or transport, war, civil war, armed conflict or terrorism, or nuclear, chemical or biological contamination, or any blockade or embargo, or any official or unofficial strike or other dispute.
14.6 If we are found liable to you, our liability will not exceed £5,000 in any 12 month period.
15. Clubcard information
15.1 If you have a Clubcard, you can earn Clubcard points from your monthly subscription. To start earning points, you need to register your Clubcard to your Pay Monthly account. Triple Clubcard points are awarded based on your total bill amount (your monthly subscription, plus any bundles you’ve bought, charges on your bill and payments due under your device credit agreement (if applicable). Top-ups made with Tesco will also earn triple Clubcard points, this applies to top-ups in Tesco stores, by calling 4444 or online at tescomobile.com. No Clubcard points are allocated for top-ups using other methods e.g. ATMs, non-Tesco stores or for refundable deposits. Payments made for mobile devices at point of sale will be awarded with one point for every £1 spent. Your points will be allocated to your Clubcard account after we’ve received payment for each bill. It can take up to 72 hours after your bill has been paid for your points to appear on your Clubcard account. If you cancel your contract during the Cooling-off Period, we will also deduct the Clubcard points from your Clubcard account for any amount reimbursed.
16.1 We want to give you a great service. However, if you are unhappy with any aspect of our service then please contact Customer Care. If you are still not happy, please ask to speak to a manager. If you would like to write to us with your complaint, please write to Tesco Mobile Limited, Dumers Lane, Radcliffe, Bury BL9 9QL.
16.2 If you remain unhappy or you think that we haven’t dealt with your complaint satisfactorily within eight weeks, you can refer your complaint to the following external regulatory body:
Ombudsman Services www.ombudsman-services.org, Ombudsman Services on 0330 440 1614 or Ombudsman Services: Communications, PO Box 730, Warrington, WA4 6WU.
16.3 Before you contact Ombudsman Services, please make sure you have details of why you are still unhappy, as well as the answer given by the Tesco Mobile Complaint Management Service.
16.4 Some, but not all, items are sold with 12 month warranties. For some items you can also choose to purchase an extended warranty when you place your order. Please see Extended Warranties for the terms and conditions relating to these. If you have any problems with your purchase we can offer help and assistance. Please contact the following helplines: for electrical items 0845 456 6767; for mobile phones please contact 0845 300 6660; for all other items please call Customer Services on 0845 600 4411. If we arrange for an item to be repaired and you have not purchased the item from us, it will result in a postage and handling fee and may result in the repair becoming chargeable. If a repair is chargeable, we will tell you in advance. Repair turnaround time is dependent on the relevant manufacturer’s current workload. We will not accept any claims for losses you suffer during this time. If a fault is caused by accident, misuse or negligence, or it occurs outside the warranty period, it will not be covered by the manufacturer’s warranty. Service estimates for an item not covered by the manufacturer’s warranty will be chargeable. An estimate will be emailed (or sent to you by post if we do not have an email address for you) and confirmation of acceptance is required within 10 days. Where such acceptance is not received, the item will be returned unrepaired and a charge may be payable. All warranty repairs will be returned to you at the cost of Tesco Direct.
17.1 If you change your name, address, telephone number or payment details or there are any changes to your bank account or payment card arrangements which may affect your payment of the charges you must let us know.
17.2 You may not transfer any of your rights or responsibilities under this Service Agreement to anyone else without obtaining our consent. We can transfer all or any part of our service with you at any time provided the service you receive is not significantly reduced.
17.3 We may change this Service Agreement and the charges at any time. Changes will be posted on our website tescomobile.com. Please check this regularly for updates.
17.4 Unless otherwise stated, any notice under this Service Agreement must be in writing and delivered by hand or sent by pre-paid post, to us at the address given on your bill, or to you at the address stated in your application as your address or any other UK address you supply to us for this purpose.
17.5 A person who is not a party to your Service Agreement with us has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any part of this Service Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
17.6 If any part of this Service Agreement is found to be invalid by any Court or other regulatory or competent body, the invalidity will not affect the rest of this Service Agreement, which shall remain in force.
17.7 This Service Agreement is subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.
17.8 We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology. This means you cannot inadvertently place an order through an unsecured connection.
Tesco Mobile Limited is authorised and regulated by the Financial Conduct Authority for its credit offering; No. 616583. Registered in England No. 4780736. Registered Office: Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, Hertfordshire, AL7 1GA. VAT No. 815384524.
Last updated: 27th March 2014