Glossary 3 three network

3 Customer Services: our service team who are available to help you with your queries. Phone customers can call 333 (free) on a 3 phone or 0843 373 3333 from a landline (calls charged at 5p per minute). Mobile Broadband customers can call 500 (free) one a 3 phone or 0843 373 0500 from a landline (calls charged at 5p per minute). Alternatively you can email customer. services@3mail.com 3 Services (or Services): the services offered by 3, including call services Messaging Services, Storage Services, Age Restricted Services and Premium Services, which we have agreed to provide for you. Accessory/Accessories: any battery, battery charger, stylus, phone case, portable handsfree, SIM or consumable item (items which are regularly replaced) or any other item authorised by us that may facilitate the use of your Phone. Active Pay As You Go Voucher: means a Pay As You Go Voucher for which the specified validity period or credit/allowance has not expired. Additional Services: additional or supplemental services for which a charge is made in addition to the fixed periodic charges for your Price Plan or Add-on(s) (if applicable). Add-on: For Pay Monthly Customers means: an additional credit which may be bought for specific supplemental services (as detailed in the Price Guide and other customer documentation). For Pay As You Go Customers means: a voucher or any other payment mechanism or receipt used to buy specific 3 Services and which requires an Active Pay As You Go Voucher on your account for use (as detailed in the Price Guide and other customer documentation). Age Restricted Services: any 3 Services which are specified in the List of Services for use only by customers 18 or over. Boxed Accessories: all Accessories that you receive as part of the original packaging of your Phone. Cancellation Fee: means, for Pay Monthly Customers, a fee charged if we end the agreement due to your conduct or if you end your agreement within the Minimum Term. The fee is set out in the Price Guide and is calculated as a lump sum equivalent to the total of the monthly charges remaining during the Minimum Term of your agreement less a discount of: (i) 3% for new connecting customers who are in the first Minimum Term of their agreement with us; or (ii) 10% for existing customers that have upgraded or renewed their existing contract with us for a further, subsequent Minimum Term. 14 Charges: charges for access to, and use of, 3 Services laid out in the Price Plan. These charges may cover (without limitation) fixed periodic charges, usage charges, account administration fees, fees for Connection and re-Connection and any costs incurred in collecting outstanding payments from you. Communications Data: Information about the routing of services, calls and messages you make and receive, the date, time, duration and cost of these, and information about the identity of your Phone and SIM. Connection: the procedure by which we give you access to 3 Services. ‘Connect’, ‘Connecting’, and ‘re-Connection’ have corresponding meanings. Damage: any accidental, sudden and unforeseen damage to the Phone caused by external means which affects the operational functioning of the Phone. DataCard: means a data card which is authorised by us for Connection to the 3 network. Disconnection: the procedure by which we stop your access to 3 Services. ‘Disconnected’ and ‘Disconnecting’ have corresponding meanings. Dongle: the USB Modem that is authorised by us for Connection to the 3 network which is used to access 3 Services, excluding all Accessories. Laptop: a laptop (including an iPodtouch) which is used in conjunction with a Dongle and/or SIM to access 3 Services. List of Services: our descriptions of current 3 Services. These may be amended from time to time, and can be viewed on our website or requested from 3 Customer Services. Location Data: data indicating the geographical location of your Phone when using 3 Services or when your Phone is switched on. Messaging Services: any email, fax and voicemail Services, SMS and multimedia messaging Services, personal information management and other message or communication facilities which let you communicate with others and which are specified in the List of Services. Minimum Term: the minimum fixed term for the supply of 3 Services as laid out in your Price Plan. Pay As You Go Customer: a customer who pays for their access to and use of 3 Services in advance via a Pay As You Go Voucher. Pay As You Go Voucher: a voucher or any other payment mechanism or receipt or receipt used to top-up your account to gain access to 3 Services. Pay Monthly Customer: a customer who receives periodic bills for their use of 3 Services. Phone Unlock Fee: the sum equivalent to the total of all the monthly charges still remaining during the initial 12 months of the Minimum Term of your agreement. 15 Phone: the device or phone that is authorised by us for Connection to the 3 network which is used to access 3 Services, excluding all Accessories. Phone Box: the package delivered to you containing the Phone, SIM, Terms for 3 Services, the terms for Care3 and anything else required to be delivered to you with your Phone. Premium Services: any 3 Services in the List of Services which are charged at premium rates. You can only access these 3 Services – such as international calling and international roaming – with our approval. Price Guide: the document that sets out the Price Plans, our current Charges and related details (including, if you are a Pay Monthly Customer, any Minimum Term and payment commitments). This document can be viewed at three.co.uk Price Plan: our current price plans set out in the Price Guide as well as any other price plans we may introduce in the future. There may be more than one price plan offered to you and if so, you will be required to select one before you are Connected to 3. The price plans may be amended or withdrawn from time to time, and can be viewed at three.co.uk or requested from 3 Customer Services. Ready-to-go Pack: a Mobile Broadband Pay As You Go combination package consisting of a Dongle which is pre-loaded with a Pay As You Go Voucher data allowance. Returns Policy: the Phone returns policy as prescribed by 3 from time to time, the current version of which is available on three.co.uk/returnspolicy SIM: a card which contains your 3 phone number and enables you to access 3 Services. Storage Services: any 3 Services in the List of Services which offer you storage capacity on the 3 network for storage of content which you access from 3 Services. Suspension: the procedure by which we temporarily Disconnect your access to the 3 Services. ‘Suspend’ has a corresponding meaning. Terms for 3 Services: Terms and Conditions for using the 3 network and its services. UK Resident: an individual who lives lawfully within the UK, Channel Islands and Isle of Man for at least 40 weeks in any 52 week period. User Guide: our guide which provides an outline of how to use 3 Services. The guide may be amended from time to time, and can be viewed at three.co.uk or requested from 3 Customer Services. There may be more than one User Guide to suit use of 3 Services on different Phones. Warranty Period: the manufacturer’s warranty period of 12 months. Further details of the manufacturer’s warranty can be found in the materials in your Phone Box. 13 16 We call our Returns Policy Care3. And as well as returns, it also covers your manufacturer’s warranty and how to use our repair service, if you need to. Returns Policy The three main areas covered by Care3 are: Returns – online and telesales customers This Returns Policy doesn’t apply: n to customers who did not purchase their Phone via 3’s own telesales team or via three.co.uk, or n to customers who bought their Phone via 3’s telesales team or via three.co.uk who have used their Phone (this means that you may not personalise your phone in any way, or use any of the 3 Services, or take photos or videos or load any data onto the Phone). If you are a customer who bought your Phone via 3’s own telesales team or via three.co.uk or if you’re renewing your contract, in order to get your full refund under this Returns Policy, you must return your unused Phone along with the original boxed accessories and documentation ‘as new’ to 3 within 14 days of delivery. You’ll also need to provide your receipt or delivery note as proof of purchase. If you are unsure what to do call 333 (free) from your 3 Phone or 0843 373 3333 from a landline (calls charged at 5p per minute). We will advise you how to return your Phone and original boxed accessories if you are eligible under this Returns Policy. Retain copies of your receipt or delivery note and proof of postage. Your refund will be in the same form as your original payment. Returns – Mobile Broadband customers – Dongles Non 3 stores, telesales & online: n Bought your Dongle from a store other than a 3Store? If you bought your Dongle on a Pay Monthly Price Plan from a store other than one of our own 3Stores and for some reason you change your mind, you can return the Dongle within 3 days of purchase to the retailer you bought it from, used or not (although, if you have used your Dongle, we may charge you for any of our 3 Services you’ve used at our standard rates set out in our Price Guide. The only thing we ask is that the Dongle and SIM pack is returned to the retailer you bought it from in an ‘as new’ or ‘as sold’ condition. n Bought your Dongle at a distance (i.e, via telesales or online) other than through 3’s own telesales team or via three.co.uk? If you bought your Dongle on a Pay Monthly Price Plan at a distance (via telesales or online) other than from 3’s own telesales team or from three. co.uk and for some reason you change your mind, you can return it within 14 days of purchase to the retailer you bought it from, used or not. But if you have used your Dongle to try it out, please make sure that you have not used it for more than 3 consecutive days otherwise you won’t be able to return it under this Returns Policy and, if you have used it, we may charge you for any of our 3 2 Services that you’ve used at our standard rates set out in our Price Guide. The only other thing we ask is that the Dongle and SIM pack is returned in an ‘as new’ or ‘as sold’ condition to the retailer you bought it from. 3Stores, three.co.uk & 3 telesales: n Bought your Pay Monthly Dongle from 3? If you bought your Dongle with a Pay Monthly Price Plan from one of our own 3Stores, via three.co.uk or from 3’s own telesales, and for some reason you change your mind, you can return it to us within 14 days of purchase or delivery, used or not (although, if you have used your Pay Monthly Dongle, we may charge you for any of our 3 Services you’ve used at our standard rates set out in our Price Guide). The only thing we ask is that the Dongle and SIM pack is returned to us in an ‘as new’ or ‘as sold’ condition. Returns – Mobile Broadband customers – Laptops n Bought your Mobile Broadband Laptop offer direct from 3? If you are a Mobile Broadband customer who bought your Dongle with a Laptop, as part of a special deal from a 3Store, via three.co.uk or from 3’s telesales team and for some reason you change your mind, you can return the Dongle and Laptop to us within 14 days of purchase or delivery, used or not (although, if you have used your Laptop or Dongle to access our Services, we may charge you for any of our 3 Services you’ve used at our standard rates set out in our Price Guide). The only other thing we ask is that the Dongle, Laptop and SIM pack are returned in an ‘as new’ or ‘as sold’ condition. Otherwise, we may not allow you to return your Laptop and Dongle and cancel your agreement with us or we may charge you for any items or components that are missing or have been damaged. Your Care3 warranty The manufacturer of your Phone or Dongle has given you a warranty against defects in materials and workmanship for a period of at least 12 months from the time you bought it. If you need any more information on your Care3 warranty call 3 Customer Services on 333 (free) from your Phone or 0843 373 3333 from a landline (calls charged at 5p per minute). Repair Service With our repair service we can help you get back to normal as quickly as possible. If you bought your Phone or Dongle from a 3Store, just take your Phone or Dongle to the nearest 3Store and complete the repair form. We’ll do our best to make sure that your Phone or Dongle is returned to the 3Store as quickly as possible. Other customers should call 3 Customer Services on 333 (free) from your Phone or 0843 373 3333 from a landline (calls charged at 5p per minute). 3 To qualify for a free of charge repair under the warranty provided by the manufacturer, you’ll need to show your proof of purchase (till receipt or delivery note). Make sure that your claim meets the conditions of the manufacturer’s warranty (details of which can be found in your Phone box). If your Phone or Dongle isn’t covered under the warranty, you won’t be eligible for a free repair. However, we can give you a quote for the repairs before any work is carried out. Free phone loan during repair while your phone is being repaired – 3 might be able to loan you a phone for free, subject to availability. Terms and Conditions apply – ask in store for details. One final point to note If you are a consumer, the policies set out in this Care3 section will not affect any of your statutory rights which you have which cannot be excluded. For more information on your statutory rights, please contact your local authority Trading Standards Department or Citizens Advice Bureau. 1. Who’s who 1.1 When we say: (a) ‘we’, ‘us’, ‘our’ or ‘3’, we mean Hutchison 3G UK Limited, trading as ‘3’; (b) ‘you’ or ‘your’, we mean you, our customer (whether you are a Pay Monthly Customer or a Pay As You Go Customer) who is party to the agreement; (c) ‘agreement’, we mean your agreement with us for the supply of 3 Services. 1.2 We have also set out at the end of this booklet (Glossary) some useful definitions of words we use within this section. 2. About these Terms 2.1 These terms set out purchase terms for your Phone or Dongle, as well as the terms on which we will provide you with our Care3 Services for your Phone or Dongle. 2.2 These terms do not cover: (a) any products or services you buy while using your Phone or Dongle; or (b) the supply of our 3 Services. The Terms for 3 Services cover this and are provided to you when you register on and connect to the 3 network and they are also available on our website. 3. Phone Purchase Terms Purchases from 3 3.1 If you purchase a Phone, Dongle or Laptop from us (whether from three.co.uk, 3’s own telesales team, 3 Customer Services or 3Stores), you enter into an agreement with us for the purchase of the Phone, Dongle or Laptop. 3.2 You will be responsible for the Phone, Dongle or Laptop as soon as they are delivered to you. If you damage or lose the Phone, Dongle or Laptop before you have 4 paid for it in full, you will still be required to pay us the full price of the Phone, Dongle or Laptop. 3.3 If we decide to offer you the option to pay us the purchase price for the Phone, Dongle or Laptop in instalments over time: (a) we retain title to the Phone, Dongle or Laptop until you have paid us all instalments owing on the Phone, Dongle or Laptop; and (b) if you fail to pay your instalments by the due dates, you will be breaking your agreement and we may require you to return the Phone, Dongle or Laptop to us or we may take legal or other collection action against you for non payment. This could mean you have to pay our costs and expenses, including legal costs, with interest added daily. Purchases from other retailers 3.4 If you purchase a Phone, Dongle or Laptop from another retailer, you enter into an agreement with that other retailer for the purchase of the Phone, Dongle or Laptop. In this case, we are not part of your purchase agreement with the other retailer. 3.5 If you arrange with the other retailer to pay the purchase price for the Phone, Dongle or Laptop in instalments over time: (a) we retain title to the Phone, Dongle or Laptop until you have paid us all instalments owing on the Phone, Dongle or Laptop; and (b) if you fail to pay your instalments by the due dates, you will be breaking your agreement and we may require you to return the Phone, Dongle or Laptop to us or we may take legal or other collection action against you for non payment. This could mean you have to pay our costs and expenses, including legal costs, with interest added daily. All purchases 3.6 Phones or Dongles which can be used to access 3 Services are locked to our network. The software in the Phones and Dongles and all intellectual property rights in that software is owned by the manufacturer and you are being allowed to use the software on a limited licence from the manufacturer. During the term of your Agreement for the supply of 3 Services, you must not permit your Phone or Dongle to be unlocked via any unauthorised manner (i.e. by anyone other than us or the manufacturer). You must contact us if you want your Phone or Dongle to be unlocked from our network. If you contact us to request that your Phone or Dongle be unlocked from our network, we will arrange for your Phone or Dongle to be unlocked in an authorised manner (which may include replacing your Phone or Dongle with an unlocked Phone or Dongle, which is the same or similar specification to our Phone or Dongle) and you must pay an unlocking administration charge (which will 5 be shown in the Price Guide for 3 Services). In addition, if you have had your Phone or Dongle for less than 12 months, you will also have to pay the Unlock Fee (this is also shown in the Price Guide for 3 Services). In addition, you must ensure that there are no outstanding amounts owing on your 3 account. Prior to us arranging for your Phone or Dongle to be unlocked, you must ensure that you back-up or otherwise store separately any of your information or other data on the Phone or Dongle which you may require, as this may be lost during the Phone or Dongle unlocking process. We are not responsible for any information or any other data which may be lost during the Phone or Dongle unlocking process. 4. Warranty 4.1 The manufacturer of your Phone or Dongle has provided you with a warranty against defects in materials and workmanship for a period of at least 12 months from purchase. Further details of the manufacturer’s warranty can be found in your Dongle or Phone Box. This warranty is in addition to your legal rights. 4.2 3 only acts as the manufacturer’s agent for the purposes of processing any warranty claims. 3 is not the manufacturer of the Phone or Dongle and the manufacturer is the company referred to in the manufacturer’s warranty documentation. 4.3 You must notify 3 Customer Services if you wish to make a warranty claim. 4.4 For details of any manufacturer’s warranty given in respect of a Laptop, you will need to refer to the details of the manufacturer’s warranty which may be included in the Laptop box. You should also refer to the information in the manufacturer’s warranty or materials for details of how to make a claim under the manufacturer’s warranty in respect of a Laptop. 5. Stored data If you return your Phone, Dongle or Laptop, you will be responsible for removing all content, messages, information and any other data from the Dongle, Laptop, Phone or SIM (or any memory card included) prior to its return. 6. Returns policy Online and telesales customers – Phones 6.1 If you are a 3 Customer who bought your Phone via 3’s own telesales team or via three.co.uk, provided you have not used your Phone you may return your Phone and Boxed Accessories to us within 14 days of delivery. Please note the Returns Policy does not apply to customers who did not purchase their Phone via 3’s telesales team or via three.co.uk 6 6.2 You must ensure that: (a) your Phone and any Boxed Accessories are returned ‘as sold’ and ‘unused.’ This means that you must not have used the Phone. By using the Phone, we mean: (i) personalising it (for example, by setting the time or date, altering the menu views or ring tones or adding content of any kind (including any contacts)), or (ii) using it to access any of 3’s Services (for example, making or receiving voice or video calls, or text, photo or video messages, accessing or downloading any content or browsing the internet (including pressing the "Planet 3” button on the Phone)), or (iii) to take or store any videos, photos or loading data of any kind to the Phone (including ‘Contacts’ information); and (b) your Phone and any Boxed Accessories are returned to 3 within 14 days of delivery. You may be asked to provide proof of purchase (for example, a delivery note of the date your received the Phone if it was delivered to you). If you fail to return your Phone and Boxed Accessories within 14 days of delivery, but you still wish to end your agreement for the supply of 3 Services during the Minimum Term of your agreement, you must pay us all the Charges you owe, plus any Cancellation Fee for your Price Plan (as set out in the Price Guide) – see section 10 of the Terms for 3 Services for details; and (c) when you return the Phone and Boxed Accessories that they are in their original purchase condition with the original packaging and all other related material including any ‘free gifts’ that came with the Phone. If you do not do this, you will be charged for any items or components that are missing or which have been damaged since you received the Phone and Boxed Accessories. The applicable charges for these items are shown in the Price Guide; and (d) your Phone must not have been damaged since you received it. If it has, you will not be entitled to return your Phone under this Returns Policy. Mobile Broadband customers – Dongles bought from Retailers other than 3 6.3 Non 3Store Purchases – If you’re a Mobile Broadband customer and you bought your Dongle from a store other than one of our own 3Stores, you can return your Dongle to the retailer you bought it from within 3 days of purchase whether you’ve used the Dongle or not, subject to the conditions for return of your Dongle set out in section 6.5 below. 6.4 Non 3 Distance Purchases – If you’re a Mobile Broadband customer and you bought your Dongle at a distance (via 7 telesales or online) other than from 3’s own telesales team or from three.co.uk, you can return your Dongle to the retailer you bought it from within 14 days of purchase even if you’ve used it provided that if you did use it, it wasn’t for more than 3 consecutive days, subject to the conditions for return of your Dongle set out in section 6.5 below. 6.5 Conditions for Return of Dongles which were bought from retailers other than 3. If you do decide to return a Dongle that you’ve bought from a retailer other than 3 in accordance with either section 6.3 or 6.4 above, in order to be eligible for a refund under this Returns Policy you must comply with the following: (a) you must ensure your Dongle is returned to the retailer you bought it from ‘as sold’ or ‘as new’ within the time limits set out in sections 6.3 or 6.4 above depending upon how you bought your Dongle from them; and (b) you may be asked to provide proof of purchase (for example, a delivery note of the date you received the Dongle if it was delivered to you or a till receipt); and (c) if you’ve used your Dongle, we may charge you for any of our 3 Services you’ve used at our standard rates set out in our Price Guide; and (d) when you return the Dongle to the retailer you bought it from, it must be in its original purchase condition with the original packaging and all other related material including any ‘free gifts’ that came with the Dongle. If you do not do this, you will be charged for any items or components that are missing or which have been damaged since you received the Dongle. The applicable charges for these items are shown in the Price Guide; and (e) your Dongle must not have been damaged since you received it. If it has, you will not be entitled to return it under this Returns Policy; and (f) if you fail to return your Dongle in accordance with this Returns policy (i.e. not within 3 or 14 days (as applicable) or, if you bought it at a distance and return it within 14 days of delivery but you have used it for more than 3 consecutive days, or if it is incomplete or damaged), you won’t be eligible to return the Dongle under this Returns Policy but, if you do still wish to end your agreement for the supply of 3 Services during the Minimum Term of your agreement, you must pay us all the Charges you owe, plus any Cancellation Fee for your Price Plan (as set out in the Price Guide) – see section 10 of the Terms for 3 Services for details. 8 Dongles and Laptops bought from 3 6.6 Pay Monthly Dongles bought from 3Stores, three.co.uk or 3’s own telesales team? If you bought your Dongle with a Pay Monthly Price Plan from one of our own 3Stores, via three.co.uk or from 3’s own telesales, and for some reason you change your mind, you can return it to us within 14 days of purchase or delivery, used or not, subject to the conditions for return set out in section 6.8 below. 6.7 Laptop offers bought Direct from 3? If you are a Mobile Broadband customer who bought your Dongle with a Laptop, as part of a special deal from a 3Store, via three.co.uk or from 3’s telesales team and for some reason you change your mind, you can return the Dongle and Laptop to us within 14 days of purchase or delivery, subject to the conditions for return set out in section 6.8 below 6.8 Conditions for return of Dongles and Laptops (where applicable) bought from 3. If you do decide to return a Dongle and Laptop (if applicable) that you’ve bought from 3 in accordance with either section 6.6 or 6.7 above, in order to be eligible for a refund under this Returns policy you must comply with the following: (a) you must ensure your Dongle and Laptop (if applicable) are returned to us ‘as sold’ or ‘as new’ within the time limits set out in sections 6.6 and 6.7 above depending upon how you bought your Dongle and Laptop from us; and (b) you may be asked to provide proof of purchase (for example, a delivery note of the date you received the Dongle and Laptop (if applicable) if it was delivered to you or a till receipt); and (c) If you’ve used your Dongle we may charge you for any of our 3 Services you’ve used at our standard rates set out in our Price Guide and, if you’re a Pay As You Go or Ready-to-go customer, we won’t offer a refund on Pay As You Go Vouchers or any remaining Pay As You Go credit; and (d) when you return the Dongle and Laptop (if applicable), they must be in their original purchase condition with the original packaging and all other related material including any ‘free gifts’ that came with the Dongle and Laptop (if applicable). If you do not do this, you will be charged for any items or components that are missing or which have been damaged since you received the Dongle and Laptop (if applicable). The applicable charges for these items are shown in the Price Guide; and (e) your Dongle and Laptop (if applicable) must not have been damaged since you 9 received them. If they have, you will not be entitled to return them under this Returns policy; and (f) if you fail to return your Dongle and Laptop in accordance with this Returns policy (i.e. not within 3 or 14 days (as applicable), you won’t be eligible to return the Dongle or Laptop under this Returns policy but, if you do still wish to end your agreement for the supply of 3 Services during the Minimum Term of your agreement, you must pay us all the Charges you owe, plus any Cancellation Fee for your Price Plan (as set out in the Price Guide) – see section 10 of the Terms for 3 Services for details; and (g) you must return both the Dongle and the Laptop. 10 11 12 1 Specific words and phrases that need further explanation. Terms and Conditions, including our Returns Policy 3 Customer Services Hutchison 3G UK Ltd PO Box 333 Glasgow G2 9AG three.co.uk Pay Monthly © 2009 Hutchison 3G UK Limited. A Hutchison Whampoa company. Registered office: Star House, 20 Grenfell Road, Maidenhead, Berkshire SL6 1EH. Published by Hutchison 3G UK Limited, trading as 3. The contents of this publication are believed to be correct at the time of going to press, but any information, products or services mentioned may be modified, supplemented or withdrawn. This publication is printed on fully recyclable paper. DD0969701 Nov09 Returns Policy 1 Glossary 13 Terms and Conditions for using the 3 network 17 Here are all the details on our Terms and Conditions and Returns Policy. We’d suggest you read them through and then keep them safe, just in case
you need them at any time.