Pay Monthly Terms and Conditions
- The Lebara Pay Monthly Service is provided by Lebara Mobile Limited. These terms and conditions apply to all Lebara Pay Monthly Services as offered by Lebara. They are in addition to, and should be read jointly with, the General Terms and Conditions, which can be found on our website, and your welcome letter, and together these shall be referred to as the "Agreement”.
- The currently valid and binding version of this Agreement can be found on our website at http://www.lebara.co.uk. Should there be a difference between these terms and the General Terms and Conditions, then this document shall take precedence for Pay Monthly customers.
- While all the terms of the Agreement are important, we would like to bring the following key restrictions to your attention:
- If you do not adhere to the terms of this Agreement, we may impose additional charges on you. These are detailed at paragraphs 30-33.
- Unless you have opted for a SIM-only, no minimum-term plan, your welcome letter will detail the Minimum Term for which your contract will be valid. Upon expiry of the Minimum Term, this Agreement will continue until terminated by either party.
- Unless you have a SIM-only, no minimum-term plan, which you may terminate on one working day’s notice, you may terminate this Agreement at any time on 30 days’ notice, but if you do so for no reason before the end of the Minimum Term, you will be required to pay us the Charges for the remainder of the Minimum Term. This does not affect your right to cancel the Agreement as detailed in paragraph 4
- You may view your itemised bill online and you will be notified of your online bill via the e mail address that you must provide to Lebara: we will charge you if you request a printed bill (see paragraph 21).
- You may cancel this Agreement and return your Lebara Pay Monthly SIM Card, and any Lebara supplied Pay Monthly Handset, to us within 14 days of purchase.
- If you cancel the Agreement within 14 days of purchase, you must return any Lebara Pay Monthly Handset provided to you. The Handset must be returned to us unused, within its original packaging and include all accessories. If the Handset has been used and/or any accessories not returned, we reserve the right to charge you in full or in part for the Handset and/or the accessories, at the manufacturer’s published list price. If you do not return the Handset, we reserve the right to charge you for our costs incurred in recovering the Handset, which may be considerable.
- For a validly returned and unused Lebara SIM Card, any Charges previously levied by us for opening the Account are refunded to you. For a Lebara SIM Card that has been issued to you and an Account created so that Services may be used, you are responsible for paying for any such use including for all calls, SMS, MMS and/or data services, including all premium rate and International Roaming and/or other usage at the rates specified in our price list as the standard (out of plan) prices until your Lebara phone number has been disconnected, and the items purchased have been received by us in good unused condition, within their original packaging and include all accessories.
- Any and all returns of Lebara Handsets (purchased directly from Lebara, not 3rd party retailer-provided products) should be sent at your own expense in a padded protective envelope. Please contact Customer Services for the return address. Please note that proof of sending does not mean proof of receipt by us. You should send such items by recorded delivery for confirmation of receipt by us. All returned handsets will take up to 10 working days to be assessed for the eligibility of a refund (either full or partial) with refunds paid only on the original card used in the transaction with Lebara. If you did not purchase your Handset from Lebara, please contact the retailer from which you purchased the Handset for their returns policy.
- Where a Minimum Term applies to this Agreement as specified in your Price Plan, and confirmed in your welcome letter:
- It is a condition to our provision of the Products and Pay Monthly Services to you that you use the Services and are liable for the Charges for the duration of the Minimum Term. If you cancel your Agreement before the expiry of the Minimum Term, we will collect the Charges for the remainder of the Minimum Term from you within 30 days of cancellation, except where Lebara has been in breach or as provided for in paragraph 39.
- You may request and we may permit a move to a higher value price plan during the Minimum Term of your Agreement, but you may not move to Pre-Pay Services or a Pay Monthly Price Plan of lesser value until the expiry of the Minimum Term.
- If no Minimum Term applies, or after the Minimum Term, you may cancel this Agreement at any time on one working day’s notice.
- Our provision of the Pay Monthly Service is subject to status and the availability of the Products, Services and Price Plan you have selected, as well as you:
- being a UK resident;
- being over the age of 18;
- holding a valid UK bank account and a Credit or Debit Card which you are willing and able to register with us;
- supplying valid contact and personal information including your full name, address, time at that address, date of birth and email address; and
- giving consent to Lebara carrying out a credit check against the information you provide and to the result of the check.
- The Pay Monthly Services are as described in this Agreement, the General Terms and Conditions and your welcome letter. The Pay Monthly Services are also subject to the limitations stated in the General Terms and Conditions. The Pay Monthly Services include the following:
- the ability to make and receive domestic and international voice calls;
- the ability to send and receive domestic and international SMS and MMS and to use Mobile Internet data services;
- access to the Lebara web portal.
- Availability of Premium Rate Services and the ability to use the Services while abroad using International Roaming may also be part of this Pay Monthly Service where this is agreed between us.
- Please see clauses 75-77 of the General Terms and Conditions for returns of faulty Handsets or SIM Cards.
- The Price Plans, the Price Lists and Charges for Lebara’s Pay Monthly Services are as published and updated from time to time on Lebara website at: http://www.lebara.co.uk.
- Lebara may include international voice minutes, SMS and/or other Services as part of your Price Plan. It is your responsibility to track and to determine the extent of your usage in relation to any such inclusive services. If you do not use such inclusive minutes or other aspects of your Price Plan within the allocated month or other specified period, they will not be carried over to the next month or any subsequent period.
- Lebara’s Price Plans and Price Lists are subject to change due to circumstances beyond our control, including but not limited to regulatory, legal and tax changes in the United Kingdom and elsewhere, as well as currency fluctuations and price changes imposed by other mobile or fixed line telecommunications companies. Lebara shall try to provide as much notice as is feasible where such circumstances require us to make pricing changes in our Pay Monthly Price Plan.
- Unless otherwise stated, the call prices published include VAT at the prevailing UK rate, are quoted and charged by the minute, except for EU Roaming Services, which are charged by the second for incoming calls, and per second after the first the thirty seconds for outgoing calls in accordance with EU Regulations.
- Calls to certain types of numbers e.g. freephone; non-geographic; and/or Premium Rate Service numbers may be call barred or charged at different rates to those of fixed line or other mobile service providers.
- The Price Plans and Price Lists for all Services are correct as of 21st July 2011 but are subject to change.
- Once Lebara has accepted your application for the Pay Monthly Services, we will charge you for the first Month’s subscription to the Services in advance, and any Handset charges, by taking a payment from your Credit or Debit Card. We will subsequently bill you monthly in advance for your Pay Monthly subscription Charge. Your usage of any Services outside the Price Plan is charged monthly in arrears.
- You will be billed electronically and these bills will be notified to you by email to the e mail address that you must provide Lebara. The electronic bills and their itemised content will be accessible through MyLebara at no extra charge online at http://www.lebara.co.uk . We may provide paper copies on request, if available. The charge is £1.50 for each bill requested.
- Unless specified otherwise, you must pay all the billed Charges for your use of the Services every month on or before the due date as stated on your bill. We require that you pay your bills monthly by Direct Debit. For the avoidance of any doubt, we do not accept payment by cash or cheque.
- We reserve the right, on notice to you, to amend the invoicing period and submit interim bills to you. Charges in respect of certain Services, e.g. International Roaming, may be billed later than the month during which they were incurred, but will be charged as soon as it is reasonably possible to do so.
- If you do not have a Minimum Term to your Agreement, your subscription Charge will be pro-rated across the billing month. When you terminate the Agreement, you will be refunded the unused portion of your subscription Charge AFTER deduction of any calls (i) above your pro-rated share; and (ii) any usage outside your Price Plan. If you terminate your Agreement close to your billing date, we may not have sufficient time to cancel the next Pay Monthly subscription Charge. We will refund any outstanding sums to your bank account within 30 days of all outstanding Charges being settled.
- Your Account will have a credit limit. Should your account exceed this limit, we may suspend your use of the Services in whole or in part. Such a suspension will remain until such time as you pay an amount to us that places your Account in credit, or until payment is received for your next bill. We may also require you to make a deposit in advance until we are satisfied with the usage on your account: if you do not pay the Charges due on your account, we may recover these from the deposit. When this Agreement comes to an end, we will repay any deposit you have given us less any money you owe us. We will not pay any interest on this deposit.
- Please note it is your responsibility to track and to determine the extent of your usage in relation to any Services. You should not use or rely on any credit limit set by us for budgeting purposes as the amount you owe is not capped or limited by any credit limit we set.
- Where issues arise in relation to a payment by Direct Debit from you, and we have exhausted other reasonable means of alternative payment such as by electronic bank transfer or by Credit or Debit Card, we reserve the right to notify you, and subsequently levy a monthly Administration Fee, for non-electronic bank transfers and Credit or Debit Card payments to cover our additional costs in addition to any other Charges owed.
- In certain circumstances we may require an advance payment into your Account. Once an advance payment has been made, use of the Services in excess of the amount of the advance payment may result in the suspension of access to some or all of the Services.
- You are responsible for paying any and all Charges listed on your bill, whether or not they have been incurred by you personally, and we have not acknowledged receipt of valid notice of any theft, loss or accepted assignment of the Agreement to a third party at our discretion. We reserve the right to recover any amounts credited to your account in error or by mistake.
- You will also be responsible for any extraordinary costs incurred in connection with the administration of your Account, including collecting any payments. If the Pay Monthly Service is disconnected, whether at your request or ours, you remain responsible for paying any outstanding Charges.
- The amount owed on your bill falls due 10 working days after the due date as shown on your bill. We take payment from you by Direct Debit within those 10 working days.
- If payment is not received within 14 days of the due date as shown on your bill, we may charge interest on all sums outstanding at the rate of 3% above the base rate of Barclays Bank. This interest is charged on a per annum basis calculated daily.
- If you do not pay the Charges on your bill, we reserve the right to disconnect your Pay Monthly Service, refer you to a credit agency, and charge you for the costs relating to us recovering the outstanding Charges from you, as explained in paragraph 29. We also reserve the right to assign any sums outstanding to us to our nominated debt collection agency or another Lebara company at our discretion.
- Lebara Mobile Limited has contracted with Mi-Pay Limited to collect Credit Card, Debit Card and Direct Debit payments. There are specific terms and conditions associated with this element of the service. These can be found at: https://payment.lebara-mobile.co.uk/UKPostPay/display.aspx?details=TermsAndCond
- Information about how your details are used for credit checking and for fraud prevention, are available by sending an email to [email protected] or at the time of purchase. When Credit Reference Agencies ("CRA”) receive search requests from us they will place a search record on your credit file that may be seen by other lenders. We may also make periodic searches using CRAs and Fraud Prevention Agencies ("FPA”) to manage your account with us. They supply us both public (including the electoral register) and shared credit and fraud prevention information. We will also disclose to credit reference agencies and fraud prevention agencies details of this Agreement with us, including any change of address, payments you make, account balances, payment defaults, disputes and queries. We and other organisations may use this information to help make decisions about other credit applications made by you or other members of your household with whom you are linked financially and to protect both our business and our customers from fraudulent activity. Any information we hold may also be used for debt tracing and claims assessments. In the event that you do not pay us in full and on time, we may tell credit reference agencies who will record the outstanding debt. Details of how to contact the UK's CRAs can be found at www.experian.co.uk, www.equifax.co.uk and www.callcredit.co.uk.
- To terminate this Agreement, if no Minimum Term applies, or after the Minimum Term, you may cancel this Agreement at any time on one working day’s notice.
- Should your Handset and/or SIM Card not be connected to the network and/or has not been used for a chargeable service within 270 days or more, we reserve the right to terminate this Agreement and to disconnect your SIM Card from the network.
- We may terminate your Agreement if we reasonably believe that the Pay Monthly Service is being used: in breach of these terms or the General Terms and Conditions; for or to facilitate fraud, AIT or SIM Gateway use; in connection with a criminal offence; or to cause any annoyance to us or third parties; or if you fail to pay any due Charges as notified by us to you and after their due date; or you become insolvent or go into liquidation or are the subject or a bankruptcy order or otherwise unable to meet your debts as payments fall due. We may also block your Handset from further use by barring the Handset’s International Mobile Equipment Identity (IMEI) number.
- If the Agreement is cancelled or terminated during the Minimum Term other than for our breach or as provided for in paragraph 40, you remain liable for the monthly Charges for the duration of the Minimum Term, which we will collect from you within 30 days of cancellation.
- We reserve the right to replace or amend the Lebara Pay Monthly Service or to make material changes to this Agreement or to withdraw all or part of the Pay Monthly Service at any time on providing 30 days’ notice. Such Notice will be given by sending an SMS or e-mail and by the publication of such changes on our Website. You may cancel the Agreement on 30 days’ notice to us if the amendment results in a significant disadvantage to you. The continued use of the Pay Monthly Service once such changes apply is deemed as your acceptance of those changes. Any and all minor amendments, replacements or changes to the advantage of the Customer will have immediate effect and be placed on our website at http://www.lebara.co.uk/ .
14-Day cancellation policy
Charges, billing and payment
Personal information and Credit Reference & Fraud Agencies