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All capitalised terms, if not defined here, have the meaning given in your Now Mobile Terms & Conditions
As a Now Mobile customer, you have certain usage obligations. These obligations require your use of our services to be for private, personal, and legitimate consumer purposes.
The Acceptable Usage Policy explains your usage obligations, how to avoid breaching these obligations and what will happen if your usage breaches these obligations and fall outside or the Acceptable Usage Policy.
We clearly define acceptable usage limit against each product on our website and dashboard. However, wherever a product mentions an “Unlimited” limit associated with it, note that this acceptable use policy also applies to it.
The following are the limits in place for all “Unlimited” products available on the Now Mobile website:
All our plans offer free EU roaming to the following countries:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Slovakia, Spain, Sweden, Switzerland, United Kingdom.
Note: If your UK monthly data allowance is over 25GB, you'll have a Roaming Limit of 25GB when roaming in our Europe Zone.
This means you can use up to 25GB of your allowance at no extra cost – we'll text you if you're getting close to the limit, and again if you reach it.
You can still use data if you reach our Roaming Limit, but you'll be charged at £3.50/GB.
You must:
If we reasonably suspect you falling outside of this policy, Now Mobile, or the Network Operator directly, may:
This can be due to any of the following circumstances:
If your SIM Card is deactivated, your specific telephone number will be reallocated to another customer, you will not be able to access the services, and you will not be entitled to a refund of any credit balance in your account.
You are not permitted to access age restricted services (if any) if you are below the age specified to access them.
If you are allowed to access the age restricted services by you are the specified age or older you must not show or send content from the age restricted services to anyone below the specified age.
If you let anyone under the specified age, use your handset or SIM Card, you must ensure you deactivate access to the age restricted services.
The Products will be at your risk from the time of delivery.
Ownership of the Products will pass to you on the later of (i) delivery; or (ii) when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs (if any) which will be added to the total amount due.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Delivery Email.
Our site contains a number of Products, and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Delivery Email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
Payment for all Products must be by credit or debit card. We accept payments using those methods as are set out on our site from time to time. Please note that some products are pay as you go and some monthly, and that if you set your orders to auto renew or auto top up then they will automatically update until otherwise updated. The same will apply to monthly recurring plan orders.
When you return a Product to us because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 4.1 above), we will process the refund due to you, if applicable, as soon as possible.
Refunds are only applicable for our monthly plans and are only accepted in the first 14 days of subscription. VAT, admin charges, and any usage will be deductible at the time of the refund.
We will refund any money received from you using the same method originally used by you to pay for your purchase.
We exclude all liability to you in relation to your use of, the Services and their supply by a third party.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
This does not include or limit in any way our liability: for death or personal injury caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data, or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable۔
Where you buy any Product from a third-party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions
We are not liable to you for any delay or failure in sending you a Delivery Email where such delay or failure is caused by you not having provided us with your valid email address.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be sent to hello@nowmobile.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; impossibility of the use of public or private telecommunications networks; or the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default. 14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
We each acknowledge that, in entering a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
Nothing in this clause shall limit or exclude any liability for fraud.
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Delivery Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.