Legal & Compliance

This page provides to legal documents for our range of PE products.

If you are looking for product related advice please visit our help & support Page.

ENERGY

Gas:

  • If you can smell gas or need to report an incident where you think gas may have been involved, call the National Gas Emergency Help Line immediately on: 0800 111 999. If you are at home and can smell gas, please open all doors and windows and do not use any kind of electricityal device including light switches.

Power:

  • If you have experienced a power cut please dial 105 and this will put you through to your local Distribution Network Operator (DNO) It is the DNO’s responsibility to ensure that your premises is receiving power.
Our Privacy Policy can be found here
Guaranteed Standards of Performance – How we’re doing Introduction We are required to provide you with services in accordance with certain performance standards. These standards are set out in the Electricity and Gas (Standards of Performance) (Suppliers) Regulations 2015 (as amended). Below we explain the performance standards we are required to meet in relation to appointments and faulty meters, and how we perform against these standards. Please note that in certain circumstances we will be exempted from meeting the standards. For example if you request an appointment that is not during working hours, we will be unable to accommodate it. We log such cases as exempted breaches and no compensation will be due to you. Appointment standards They apply to domestic and microbusiness customers.
  1. If you contact us or we contact you to book an appointment, we will offer you a 4-hour window during working hours. We will try our best to accommodate the closest possible date for the appointment.
  2. We will try our best to accommodate your request for a particular date and time for the appointment. (Please note that we are unable to accommodate requests for periods that are less than 2 hours long or not during working hours.)
  3. We will give you at least a working day’s notice if we need to rearrange your appointment, unless we have your written consent that we can rearrange it with less than a working day’s notice.
  4. We will keep to the appointment time window and date, unless it has been cancelled or rearranged by you, or rearranged by us with a working day’s prior cancellation notice.
  5. We will ensure that our representative possesses the necessary skills, experience and resources to complete the appointment.
If we fail to meet any of the standards, we will pay you £30 within 10 days of failing to achieve this. If we fail to compensate you within this timeframe, we will pay you a further £30. Faulty credit meter standards They apply to domestic customers.
  1. If you contact us about a credit meter which you believe is not recording your consumption correctly (or if we ourselves have evidence to suspect that it is), we complete an initial assessment to determine if your meter is faulty within 5 working days of you contacting us.
  2. If following the initial assessment, we determine that the meter is faulty, we will take appropriate action within 5 working days of you contacting us. This action may consist of us replacing the meter, or remotely fixing it.
  3. Following the initial assessment, we will offer to confirm in writing, the result of our initial assessment within 5 working days of you contacting us.
(If you contact us outside working hours, the time within which the performance standard must be completed, starts at the commencement of the following working day.) If we fail to meet any of the standards, we will pay you £30 within 10 days of failing to achieve this. If we fail to compensate you within this timeframe, we will pay you a further £30. Faulty prepayment meter standards They apply to domestic customers.
    1. If you contact us about a faulty prepayment meter (or suspect that it is) and have lost supply, we will do the following:
  • Arrive to your property, or fix the issue remotely within 3 hours if we have been contacted on a working day, or
  • Arrive to your property or fix the issue remotely within 4 hours from when we have been contacted on the weekend or bank holiday.
    2. If you contact us about a faulty prepayment meter, and you are still on supply, we will do the following:
  • Confirm if the meter is faulty, restore the meter to be a working meter or replace the meter within 3 hours if we have been contacted on a working day
  • Confirm if the meter is faulty, restore the meter to be a working meter or replace the meter within 4 hours from when we have been contacted on the weekend or bank holiday.
(If you contact us outside working hours, the time within which the performance standard must be completed, starts at the commencement of the following working day.) If we fail to meet any of the standards, we will pay you £30 within 10 days of failing to achieve this. If we fail to compensate you within this timeframe, we will pay you a further £30. Commentary In 2023, our performance against the appointments and faulty meter standards is as follows. No breaches have been recorded. Gas
Cases Number of breaches Number of exempt breaches Number of net breaches Net breaches as a proportion of cases Percentage increase/decrease in net breaches from previous quarter
Q1 2023 434 0 0 0 0.00% N/A
Q2 2023 290 0 0 0 0.00% 0.00%
Q3 2023 2,470 0 0 0 0.00% 0.00%
 Q4 2023 2,502 0 0 0 0.00% 0.00%
Electricity
Cases Number of breaches Number of exempt breaches Number of net breaches Net breaches as a proportion of cases Percentage increase/decrease in net breaches from previous quarter
Q1 2023 1,370 0 0 0 0.00% N/A
Q2 2023 1,645 0 0 0 0.00% 0.00%
Q3 2023 2,540 0 0 0 0.00% 0.00%
Q4 2023 4,680 0 0 0 0.00% 0.00%
We are committed to offering the very best in customer service. However, we know that things do sometimes go wrong. Step 1
  • If your complaint is related to a service you received from Pozitive Energy, please call our Customer Care Team on 0333 370 9900, send an email to customercare@pe.solutions or raise a complaint via Enalytics.
  •   If your complaint is related to a service you received from a Third Party Intermediary (TPI), please contact them to resolve your complaint or refer to Your rights section on how to escalate your complaint. 
Step 2
  • If your complaint about our service has not been resolved to your satisfaction, then you can raise the matter with our Complaints Team, who will undertake an independent internal review. 
  • Please be aware that our Complaints Team can only assist with matters that our Customer Care Team have dealt with first. You can contact our Complaints Team by emailing complaints@pe.solutions.
Your rights  If you are a domestic or microbusiness customer, and have not received a satisfactory response from us and reached a ‘deadlock’ or eight weeks have passed since you first registered your complaint, you can contact Energy Ombudsman at www.energyombudsman.org for their impartial review of your complaint. Any decision they make will be binding on us, but not on you, so you can seek further advice if you wish to.   If you are a microbusiness customer, and have signed up with Pozitive Energy following a recommendation from a Third Party Intermediary (TPI) and you’re unable to resolve your complaint with them, you can contact Energy Ombudsman at www.energyombudsman.org for their impartial review of your complaint. Independent support  Independent advice is available to domestic and microbusiness customers at any stage from Citizens Advice. Contact Citizens Advice if you need help with an energy problem – for example with your bills or meters, or if you’re struggling to pay for the energy you use.   Go to https://www.citizensadvice.org.uk/consumer/energy/energy-supply/ if you are based in England & Wales or https://www.citizensadvice.org.uk/scotland/consumer/energy/energy-supply/ if you are based in Scotland.   Or call their consumer service free on 0808 223 1133.  
Making a request for consumption data access If you’re supplied by Pozitive Energy
  1. Log in to your customer portal at www.enalytics.co.uk using your username and password.
  2. On the portal, raise a query asking us to give you access to your consumption data.
  3.  If it isn’t already, your portal will be configured to enable you to access your consumption data
Partner 1. Log in to your partner portal www.ensar.cimpaas.com using your username and password. 2. Raise a query asking us to grant you access to a customer’s consumption data, and confirm the following details in respect of the customer whose consumption data you wish to access:
  • Business name
  • Business address
  • Confirmation that you have relevant authorisations from the customer to access their consumption data
3. We’ll review your request and verify if you have been authorised by the customer. 4. Your request will be either allowed or denied, and we will confirm the outcome in writing. 5. If you request is allowed, your portal will be configured to enable you to access the customer’s consumption data. Third party
  1. Complete the Consumption Data Access Request form click here and submit it.
  2. We will need your details and well as the details of the customer whose consumption data you wish to access.
  3. We’ll review your request and verify if you have been authorised by the customer.
  4. Your request will be either allowed or denied, and we will confirm the outcome in writing.
  5. If you request is allowed, we will give you access to our Enalytics portal to access the customer’s consumption data. Log in details will be confirmed to you in writing.
Our timeframe for processing consumption data access requests
  • We will process all consumption data access requests within 10 working days.
  • If your access is allowed, consumption data will be made available within this timeframe.
  • If your access is denied, we’ll explain why your access has been denied and the steps that can be taken to allow such access.

If you can’t pay your bill, call us on 0333 370 9900 and we can try and help by setting up a payment plan. We’re open Monday to Friday 9am till 5:00pm.  

If we don’t hear from you or receive a payment, we’ll try to contact you and send you a reminder. 

After this, if we still don’t hear from you, we’ll try to contact you again. Please note that unless we hear from you, you’ll start accruing payment and interest changes. In some cases, we might try to visit your premises to assess your circumstances, and we’ll add the cost of this visit to your account. 

As a last resort when we have exhausted all other options, we may disconnect your supply. In some cases, we may attempt to do this remotely, or take a case to court to obtain a warrant to enter your premises to disconnect supply. Any costs will be added to your account. We’ll never knowingly disconnect a supply to a vulnerable person. 

Please contact us as soon as possible so that we can help you.  

We can look at the wide range of different payment options available to you. It’s important that we understand your individual circumstances so that we can agree the most suitable payment terms. We’ll look to spread any debt repayments over a period of time that suits your individual circumstances.  

If you need independent advice, these are organisations you can contact: 

  • Citizens Advice (England & Wales) – provide information on what to do if a domestic or microbusiness customer based in England or Wales cannot afford its energy bills. Freephone 0808 223 1133 or use their online webchat from 9am-5pm. For textphone, dial 18001 followed by the helpline number. To contact a Welsh-speaking adviser freephone 0808 223 1144. For more information visit Debt and money – Citizens Advice 
  • Advice Direct Scotland (Scotland) – for domestic and microbusiness customers based in Scotland struggling to pay, Scotland’s national energy advice service run by Advice Direct Scotland, can provide free, practical advice and information on energy-related matters to the citizens Scotland www.energyadvice.scot. Freephone 0808 196 8660 or use their online webchat Monday to Friday, 9am-5pm. 
  • Moneyhelper – provide debt advice to domestic customer. For more information, please see Use our debt advice locator (moneyhelper.org.uk). 
  • Business Debtline – a charity giving free and independent business debt advice over the phone and online https://www.businessdebtline.org/Call on 0800 197 6026 or webchat with an adviser. Monday to Friday: 9am – 8pm, webchat closes at 6:30pm. 
  • Energy Saving Trust – provide advice on reducing bills through energy efficiency. For more information on tools and products https://energysavingtrust.org.uk/business/energy-efficiency/. 
  • Further energy efficiency advice can be found at https://www.simpleenergyadvice.org.uk/. 

Benefits 

A smart meter is the next generation of gas and electricity meter. A smart meter can automatically send us accurate and regular updates on how much gas and electricity you use, giving you better control over your energy use. Wave goodbye to estimated billing. 

The smart meter shows a digital meter reading and uses a secure smart data network (managed by the DCC) to automatically and wirelessly send the readings to us at least once a month, so you receive accurate, not estimated bills. The DCC, which is endorsed by the National Cyber Security Centre, is a secure national infrastructure, that underpins the roll-out of smart meters across GB. 

The more accurate consumption is recorded, the better the energy industry as a whole will become. In-turn, pave the way for a smarter grid and provide a cost-effective, secure and sustainable energy future for all in GB. For more information, please refer to Smart meters | Join the energy revolution (smartenergygb.org) 

Our legally binding targets 

Until the end of 2021 we had a target to offer a smart meter to as many homes and businesses as possible. From 2022, we are required to meet annual smart meter installation targets and provide progress updates at the end of each year.  

 Smart meter installation targetSmart meter installationsSmart meter installation targetSmart meters installations
ElectricityGas
1 January 2022 – 31 December 2022Domestic and non-domestic premises4922593738071027
1 January 2023 – 31 December 2023Domestic and non-domestic premises874310,98653923,298
1 January 2024 – 31 December 2024Domestic premises0 107 
Non-domestic premises9204 3490 

Installation 

To book your smart meter installation, please contact our Customer Care Team on 0333 370 9900. 

Installations normally take about two hours (one hour for the gas meter, and one hour for the electricity meter) and are arranged in advance so that you can make any necessary arrangements beforehand to ensure minimal disruption to your normal business operations. 

To safely exchange your meter, there will be no power to your home or business for approx. 1 to 2 hours. We recommend that before the power is turned off, you check any personal or business equipment that might be disrupted and ensure that it is safely powered off before we commence the installation. When the main power is restored, you can then switch back on any devices or equipment. 

Please visit here for more details

WATER

You can report an emergency, disruption to your water supply, water quality and/or wastewater service Monday – Friday, between 9am-5pm, to PE by calling 0800 849 1342.

Outside of PE’s office hours, in an emergency or if you experience unplanned changes or disruption to your water supply, water quality and/or wastewater service, please call your wholesaler directly. The emergency nunmbers are listed here

Full Terms & Conditions can be found here.

1. Introduction First Business Water Limited (“First Business Water”, “us”, “we”, “our”) are committed to protecting and respecting your privacy whilst complying fully with the Data Protection Act 1998 and the General Data Protection Regulation (GDPR) 2016. This privacy policy sets out how we use and protects any personal data that we collect from you, or that you provide to us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.firstbusinesswater.co.uk you are accepting to the practices described in this policy. First Business Water is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website or by corresponding with us by phone, e-mail or otherwise, then you can be assured that it will only be used in accordance with this privacy statement. First Business Water may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 25th May 2018. This policy only relates to the personal data we collect and process and we are not responsible for external organisations that may link to our web pages. For more information concerning external agencies and stakeholders please visit the relevant privacy statement on their own web pages. 2. Data Controller and owner First Business Water Limited, Floor 10 (North West), One Canada Square, Canary Wharf, London, E14 5AB Should you have any questions, comments and request regarding this privacy policy or your personal information you can contact our Data Controller by emailing contactus@firstbusinesswater.co.uk. 3. What we collect We may collect and process the following information: Information you give us You may give us information about you by filling in forFms on our website or by corresponding with us by phone, e-mail, paper and/or other methods. This includes information you provide when you request quotations, sign contract paperwork, complete offline forms, register to use our site and/or customer portal, establish an online invoicing or billing account with us, search or access for a product or services, and when you report a problem with our site or our services. The information you give us may include: name and job title company or organisation name contact information including address, postcode, email address and phone number, date of birth and number of employees demographic information such as preferences and interests records, copies or documents relevant to our services other information relevant to our services job applicants and our current and former employees Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information: technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), and methods used to browse away from the page and any phone number used to call our customer service number. Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them. 4. What we do with the information we gather We will use the information you provide in a manner that conforms to the General Data Protection Regulations (GDPR). We will endeavor to keep your information accurate and up to date. We require this information to understand your needs and provide you with a better service and in particular for the following reasons: to provide you with our products and services, and to improve and develop our products and services; to contact you regarding to any processes relevant to services you required from us; to ensure that the information we hold is up-to-date and correct; to protect, manage and administer your account and provide you with bills and statements; to allow you to participate in interactive features of our website, when you choose to do so including our portal services; to monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance reasons; to inform you changes to our service; to contact you about new products and services, special offers or other information which we think you may find interesting using the information which you have provided; to contact you to ask you for feedback about your experiences with us; to customise the website according to your interests; To prevent, detect and prosecute fraud and other crime; for statistical analysis for internal record keeping; or any other purpose for which you give us your personal data; we may contact you in any way including mail, email, telephone, text or multimedia messages. to ensure that we meet our legal and/or statutory obligations where necessary for any law enforcement functions for the prevention and detection of fraud and/or crime 5. How we share your personal data We may share your personal information; with authorities for the purposes of processing services you required from us; with any member of our group, which means our subsidiaries and affiliates; with business partners, suppliers, contractors, service providers for the supply of services to you, and who provide services to us which require the processing of personal data; with our employees, agents, consultants and/or professional advisors; with third party payment providers who process payments; with credit reference agencies (CRA) that we has chosen to work with; where we are under a legal obligation to do so, for example where we are required to share information under statute or because of a Court Order; to relevant authorities in order to prevent fraud and other criminal offences; with external agencies like the police, fire service, or local councils in the event of an emergency, such as under the Civil Contingencies Act 2004; with selected third party, to introduce you to water related news, products and services, special offers or other information which we think you may find interesting. 6. Where we store your personal data All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using Secure Socket Layer (SSL) technology. The personal information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the processing of your personal information, the processing of your payment details and the provision of support services. Countries where your personal information may be transferred to or processed in include the United Kingdom, United States of America, Russia and India. By submitting your personal data, you agree to this transfer, storing or processing. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site and portal, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our site; any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorised access. 7. How long we retain your personal information We will hold your personal information for as long as we are providing our services to you and afterwards for as long as may be necessary for establishing, exercising or defending legal rights. The need to hold information is regularly reviewed and information/data will be disposed of when no longer required. 8. Security We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. 9. Links to other websites Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. 10. Your right to control and access your personal information Subject Access Requests GDPR gives you the right to access or amend information held about you. Your right of access can be exercised in accordance with the GDPR. A request for personal information is free unless the request is deemed to be manifestly unfounded or excessive. We will endeavor to respond quickly to any such requests, which legally require us to respond within one month of receiving the request and necessary information. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you would like to access, amend or to request copy of the information held on you please write to the Data Protection Officer, First Business Water Limited, Floor 10 (North West), One Canada Square, Canary Wharf, London, E14 5AB. or by emailing us at contactus@firstbusinesswater.co.uk Right to Rectification Data subjects have the right to request that we amend or change personal information that we hold about you, that is inaccurate or incorrect. Right to erasure Data subjects have the right to ask us to delete personal information from our systems without giving any reason and at any time. We will act on any request without delay. Right to restrict processing Data subjects have the right to rectification or erasure of personal data in the following circumstances: Personal data is not accurate; The processing of data is unlawful. Data subjects may request that processing is restricted; Data is required to exercise legal rights or defend legal claims; Data is unlawful but there may be lawful grounds for processing, which override this right. Right to data portability Data subjects have the right to obtain and transfer their data to different service providers. Right to object Data subjects have the right to object to the processing of data at any time based on their particular situation. This includes objecting to profiling unless it is in the ‘public interest’ or exercised lawfully by an official authority. We will only process data where we can demonstrate lawful grounds for doing so. Right not to be subject to decisions based on automated processing. We do not use any automated processing that results in any automated decision based on a data subject’s personal information. Complaints If you have a complaint about the use of your data, you can contact us by email to contactus@firstbusinesswater.co.uk Alternatively, you can formally report an issue of concern to the Information Commissioner’s Office (ICO), the UK body that governs Data Protection. See https://ico.org.uk MOSL Summary Of Arrangements https://mosl.co.uk/documents-publications/1427-summary-of-arrangements/file

TELECOMS

Pozitive Telecom Ltd

Floor 10 (North West),
One Canada Square,
Canary Wharf,
London
E14 5AB

Tel: 0333 370 9900

 
Email:

telecomcontactus@pe.solutions

Open Hours:

Monday – Friday | 9:00am – 5:30pm (excluding public holidays)

Last Updated: 27 November 2023

 

1.Introduction

Pozitive Telecom Ltd (we, our, us) is a company registered in England & Wales (registration number 07764492) with our registered office at Floor 10 (North West), One Canada Square, Canary Wharf, London, E14 5AB.

We are the data controller for your personal data. We are responsible for deciding how we process personal information about you and this Privacy Notice sets out we process this information. We are registered with the Information Commissioner’s Office (“ICO”), registration number ZB537181.

We, together with our associated companies, provide services including energy, telecommunication, water, payment and Electric Vehicle charging (and any others that may be added from time to time and updated here) to our customers. The personal data we process is used to manage your relationship with us or an associated company (whether as a consumer or commercial relationship), comply with legal obligations and pursue our legitimate business interests.

Any changes we may make to this Privacy Notice will be updated on our websites and, where appropriate, notified to you in writing. Should you have any queries relating to this notice please contact our Data Protection Manager using the address at the start of this privacy policy, so that they can do their very best to sort out the problem or email us at: datacontroller@pe.solutions.

 

2.Data we collect

We will only ask for information that we need. We collect personal data to be able to provide our products and services to you. Where necessary, we may also collect personal data from others associated with you, for example if they are a beneficiary of the service e.g. including but not limited to your employees, contractors, agent or relatives. By giving us information about someone else for the purpose of arranging the service, you confirm that you have their permission to do so and that you have shared this Privacy Notice with them.

We collect, use, store and transfer different kinds of personal data about you, depending on the service(s) we provide to you. We have grouped the data together as follows:

  • Identity Data includes first name, last name, title, gender, date of birth, identification numbers including copies of your passport, visa, driving licence, home address, personal telephone number, personal e-mail address, device identifiers.
  • Health Data includes type of vulnerability or impairment that may affect how services are accessed.
  • Contact Data includes billing address, business e-mail address and business telephone numbers.
  • Financial Data includes bank account, payment card details.
  • Transaction Data includes details about payments to and from you, other details of services you have purchased from us and usage data including who you make contact with and who contacts you.
  •  Technical Data includes Internet Protocol (IP) address, your login data, browser type and version. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy [ADD LINK – Cookie Policy] for further details. The technical data we collect also includes your mobile device time zone setting and location, location history, mobile device telemetry data, mobile device data.
  •  Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
  •  Usage Data includes information about how you use our website, products and services, for example communications you made and received, websites you visited, performance metrics for example duration, time and cost of the communications, frequency of website access, service quality data.
  •  Marketing and Communications Data includes your preferences in receiving marketing from us.
  •  Other Personal Data includes personal data you otherwise voluntarily provide, for example when corresponding in writing (including via email or other electronic means), in meetings or during phone conversations or entered into any of our websites.

The personal data collected will depend on whether you are a sole trader or corporate entity.

The majority of the personal data provided by you is mandatory in order for us to administer the client relationship and perform our obligations under our contract(s) with you and/or comply with statutory requirements relating to the services we provide to you. Failure to provide mandatory personal data may affect our ability to perform the service and potentially affect your ongoing client relationship with us.

We take the security of personal data very seriously. We have administrative, physical and technical safeguards in place to protect personal data against unlawful or unauthorised processing, or accidental loss or damage. We will ensure, where personal data are processed that:

  • The processing is recorded, and the record sets out, where possible, a suitable time period for the safe and permanent erasure of the different categories of data in accordance with our Data Retention Policy.
  • Where we no longer require Personal Data for the purpose for which it was collected, we will delete it or render it permanently anonymous as soon as possible.
  • Where records are destroyed, we will ensure that they are safely and permanently disposed of. The list set out above is not exhaustive, and there may be other personal data which we may collect, store and use in the context of the client relationship.

3.How we use your data and the lawful basis

Your data will be anonymised when we use it to test, develop and improve our services. By law we are required to explain what information we collect from you and how and why we use your personal information (the “processing activity”). We are also required to have a “lawful basis” on which to process your personal information. This is summarised in the table below.

Where we use your data to test, develop and improve our services the data will be anonymised.

Purpose/ActivityType of dataLawful basis for processing including basis of legitimate interestWhere is the information collected from?How long do we keep the information for?
To register you as a new customer or renew your contract(a) Identity
(b) Contact
(c) Financial
Performance of a contract with youFrom you when you contact us directly by phone or email, or when you use our website, including our customer portal.

3 years with exception of call recordings.

3 months for call recordings.

To process and deliver your order including: (a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
From you when you contact us directly by phone or email, or when you use our website, including our customer portal.

3 years with exception of call recordings.

3 months for call recordings.

To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(c) Monitor service levels
(e) Run coverage checker
(a) Identity
(b) Contact
(c) Profile
(d) Technical
(e) Marketing and Communications
(f) Health
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated, give you access to services for Vulnerable Customers, and to study how customers use our services)
(e) Necessary for our legitimate interest to ensure we provide you with accurate results of our network
From you when you contact us directly by phone or email, or when you use our website, including our customer portal.

3 years with exception of call recordings and cookies.

3 months for call recordings.

Please refer to the cookie policy cookie policy for the retention periods.

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)(a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or restructuring exercise)
(b) Necessary to comply with a legal obligation
From third parties – including third parties who provide services to you and us, credit reference, fraud prevention or government agencies and financial institutions (where permitted by law).

3 years with exception of call recordings and cookies.

3 months for call recordings.

Please refer to the cookie policy cookie policy for the retention periods.

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)From the technology which you use to access our services (for example an IP address or telephone number) and how you use it;3 years.
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences(a) Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)From the techology which you use to access our services (for example an IP address or telephone number) and how you use it;

3 years with exception of cookies.

Please refer to the cookie policy cookie policy for the retention periods.

To make suggestions and recommendations to you about goods or services that may be of interest to you(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications
Necessary for our legitimate interests (to develop our products/services and grow our business)From you when you contact us directly by phone or email, or when you use our website, including our customer portal

3 years with exception of call recordings and cookies.

3 months for call recordings.

Please refer to the cookie policy cookie policy for the retention periods.

To market our products and services (including promotional offers) and those of our associated companies(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications
(a) Consent
(b) Necessary for our legitimate interests (to develop our products/services and grow our business)
From you when you contact us directly by phone or email, or when you use our website, including our customer portal

3 years with exception of call recordings and cookies.

3 months for call recordings.

Please refer to the cookie policy cookie policy for the retention periods.

To undertake checks for the purposes of preventing fraud and money laundering and to verify your identity(a) Identity
(b) Contact
(c) Financial
(d) Employment
(e) Technical
Necessary for our legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect our business and to comply with laws and meet the regulatory requirements that apply to us.From you and third parties e.g. credit reference agencies.

3 years with exception of cookies.

Please refer to the cookie policy cookie policy for the retention periods.

3.1 Credit reference and fraud prevention considerations

Before we provide services to you, we undertake checks for the purposes of preventing fraud and money laundering and to verify your identity. These checks require us to process personal data about you.

We also continue to exchange information about you with Credit Reference Agencies (CRAs) on an ongoing basis, including about your settled accounts and any debts not fully repaid on time. CRAs will share your information with other organisations. The identities of the CRAs, and the ways in which they use and share personal information, are explained in more detail at http://www.experian.co.uk/crain/index.html.

3.2 Automated Decisions

As part of the processing of your personal data, decisions may be made by automated means. This means we may use automated processing methods to assess if you pose a fraud or money laundering risk if our processing reveals your behaviour to be consistent with money laundering or known fraudulent conduct, or is inconsistent with your previous submissions, or you appear to have deliberately hidden your true identity. You have rights in relation to automated decision-making, so if you want to know more please contact us on the details below .

3.3 Consequences of Processing

If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services you have requested or we may stop providing existing services to you.

A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us on the details below.

 

4.Who we share your personal data with

Your personal data may be shared with third parties to fulfil part of the contract between us and them to enable us or them to provide the services to you and to comply with legal obligations:

  •  Associated companies including Pozitive Payments Ltd, Pozitive Energy Ltd, First Business Water Limited to market their products or services that may be of interest to you. (Your consent may be required for us to do this.)
  •  Organisations who provide us with IT and system administration services.
  •  CRAs, law enforcement agencies, fraud prevention agencies, judicial bodies or tax authorities;
  •  Government entities, authorities, regulatory and industry bodies.
  •  Organisations who provide us with administration and processing services in order to provide a service to you, manage your account, maintain our relationships with you and for ongoing customer service, spam detectors.
  •  Other communications companies where you switch providers.
  •  Financial institutions if you enter into a handset and airtime agreement and organisations providing payment services which manage payments and direct debit instructions on our behalf in order to collect payments from you.
  •  Accountants, lawyers, notaries and other professional advisers when considering, structuring, documenting, concluding, terminating, varying, amending or renewing a particular transaction already in place with you.
  •  Companies that provide you with benefits or services associated with your good or service.
  •  Revenue protection and debt collection services in order to enable debt recovery.
  • Organisations that help you with complaints management in order to respond to a complaint you made about us.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

 

5.Data security

We have policies, rules and technical and organisational measures in place to protect your personal data from unauthorised or unlawful processing and against accidental loss, destruction or damage.

We also have procedures in place to deal with any data security breach. We will notify you and any applicable regulator of a data security breach where we are legally required to do so.

Communications between you and us may route through a number of countries before being delivered, may be intercepted by third parties and may not always reach the intended recipient – this is the nature of the World Wide Web/Internet. We cannot accept responsibility for any such unauthorised access or loss of personal information that is beyond our control.

You are responsible for protecting your username and password and must not share it with, or disclose it, to anyone.

 

6.International transfers of Personal Data

Your personal data may be shared with organisations based outside of the UK. These countries may not have the same data protection laws as the country in which you initially provided the information and may not provide the same level of protection.

If we transfer personal data outside of the UK, we may rely on a decision from the Secretary of State determining that the recipient country provides an adequate level of protection. Alternatively, we may rely on appropriate safeguards in respect of transfers of personal data to a country outside of the UK, for example, by agreeing standard contractual clauses adopted by the ICO.

 

7.Your rights

Data protection laws provide you, as an individual, rights to:

  •  access – you can request access to your personal information (a data subject access request), so you can check what data we hold about you and are using it in accordance with the law.
  •  rectification – you can ask us to correct personal information that we hold about you.
  •  erasure – you can ask us to delete your personal data where there is no good reason for us to hold this data. You can also ask us to delete or remove your personal information where you have exercised your right to object to processing.
  •  restriction of processing – you can ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  •  data portability – you can ask for a copy of the data we hold about you, in an accessible format and the right to transfer it, or to require us to transfer it directly, to another controller.
  •  object to processing – you can object to the processing of your personal information and there is something about your particular situation which makes you want to object to processing on this ground.
  •  not to be subject to automated decisions – You have the right to object to any automated decision making, including profiling, where the decision has a legal or significant impact on you.
  •  withdraw consent – you have the right to withdraw your consent where we are relying on it to use your personal data; and
  •  objection to marketing. – you have the right to withdraw your consent to receive digital marketing material.

No fee is required to claim any of these rights. However, we may charge a reasonable fee or refuse to comply if your request for access is considered to be unfounded or excessive. If you wish to exercise any of your rights, please contact us using the details set out below.

 

8.Complaints, requests exercise your rights and our contact details

If you have any queries or concerns regarding our processing of your personal data, would like to exercise any of your rights or would otherwise like to make a complaint, please contact our Data Protection Manager in the first instance at datacontoller@pe.solutions.
You have the right to make a complaint at any time to the Information Commissioner’s Office. Their contact details are:
Telephone: 0303 123 1113
Email: casework@ico.org.uk
Post: Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Website: www.ico.org.uk
However, please contact us in the first instance if you have any issue that you wish to discuss.

Our full Terms and Conditions can be here: Terms & Conditions | Pozitive Telecom
1 General
1.1. This Acceptable Use Policy (“Policy”), forms part of your Agreement with Pozitive Telecom, as defined in clause 2 of the Terms and Conditions. The Policy covers the usage obligations for you and your Users in respect of the Pozitive Telecom Services and all equipment provided by Pozitive Telecom to you in connection with the Pozitive Telecom Services.
1.2. The Policy also has a section covering the behaviour that Pozitive Telecom expects of you and your Users, whether interacting with Pozitive Telecom employees and agents (in person or over the phone).
1.3. You must notify Pozitive Telecom as soon as reasonably practicable of any breach of this Policy and must cooperate with Pozitive Telecom promptly and follow its reasonable instructions in order to stop or remedy such breach.
1.4. Capitalised terms (that aren’t proper nouns) used within this Policy shall be as defined in the Terms and Conditions.
1.5. Pozitive Telecom shall at all times act reasonably and in good faith in connection with the application and enforcement of this Policy.
2 Updates to the Policy
2.1. Pozitive Telecom may update or amend this Policy at any time, and any such policy will be available on the Pozitive Telecom website Terms & Conditions | Pozitive Telecom . Your continued use of the Pozitive Telecom Services after any change to the Policy constitutes acknowledgement and acceptance of the updated Policy.
3 Prohibited Activities using Pozitive Telecom Telecom’s Services
3.1. You must, and shall procure that your Users must, only use the Pozitive Telecom Services:
  • as set out in this Policy and the Terms and Conditions;
  • for legitimate and reasonable business purposes, and such use should not exceed that reasonably expected of a reasonable person using them for these purposes. As an example, without limitation, Pozitive Telecom consider that if you/your Users regularly use multiple devices with one SIM or multiple SIMs with one device, that this is unlikely to be legitimate use as intended under the Terms and Conditions; and
  • for your and your Users’ own direct use. This means you and your Users must not resell or commercially exploit any of Pozitive Telecom Services or Pozitive Telecom’s content.
3.2. You shall be responsible for your Users’ authorised or unauthorised use of the Services and shall be responsible for using appropriately strong passwords and keeping them secure and for any use made of those passwords.
3.3. You and/or your Users must not directly or indirectly use Pozitive Telecom Services, the SIM or Pozitive Telecom phone number, or allow anyone else to use Pozitive Telecom Services, the SIM or Pozitive Telecom phone number for unlawful or improper uses, including without limitation:
  • for fraudulent, criminal or other unlawful activity which includes (without limitation) making nuisance calls, unlawful file-sharing or downloads, or viewing unlawful content;
  • in any way which breaches another person’s rights including copyright or other intellectual property rights;
  • generating content or otherwise using the Service that in any way may be, or may be perceived as harmful to others, or Pozitive Telecom’s Services or reputation, is offensive, threatening, abusive, indecent, defamatory, obscene or an annoyance, or is otherwise contrary to Applicable Law;
  • to copy, store, modify, publish or distribute Pozitive Telecom Services, equipment or their content, except where Pozitive Telecom gives you permission. This includes, without limitation, any attempt by you or a User to interrogate a SIM Card or reverse engineer the code on a SIM Card;
  • to download, send or upload content of an excessive size, quantity or frequency or to make an unusually high volume of calls, (judged in each case in relation to your typical use of such services), such that your use is having, for example, a material adverse impact on Pozitive Telecom’s network, systems and/or other customers. Pozitive Telecom will contact you if you or a User’s use is deemed excessive and discuss steps to remedy the issue (discussed further in section 6 below);
  • usage that is contrary to good faith commercial practice;
  • threatening the integrity or security of any device, network or system including the transmission of viruses, harmful components or malware;
  • to send or publish bulk messages (including but not limited to marketing messages, notifications or automated content), make bulk phone calls or to generate artificially inflated traffic or act in any way which breaches any security or other safeguards or in any other way which harms or interferes with the Pozitive Telecom network, the networks or systems of others or Pozitive Telecom Services; or
  • to use or provide to others any unauthorised directory or details about Pozitive Telecom customers each a “Prohibited Activity.”
3.4. You and/or your Users must:
  • When using the Services, not show or send content from any age-restricted services to anyone under 18; and
  • ensure that access to any age-restricted services is deactivated if anyone under 18 uses the equipment through which Services are accessed.
4 Responsible Use of Services
4.1. You must, and shall procure that your Users must, only use the Services as set out within this Policy, and clause 6 of the applicable Terms and Conditions. If you or a User is in breach of this Policy and/or clause 6 of the Terms and Conditions, Pozitive Telecom shall have the right to:
4.2. take appropriate action, including suspension and/or termination of the Pozitive Telecom Services wholly or partially, in accordance with this Policy and/or the relevant Terms; or
4.3. take recourse as set out in clause 6 of this Policy and/or the Terms and Conditions.
5 Abusive or Harassing Behaviour by you or your Users
5.1. You acknowledge and agree that Pozitive Telecom has a zero-tolerance approach towards bullying and harassment in any form. As part of this, Pozitive Telecom believes that everyone has the right to be treated with dignity and respect and Pozitive Telecom does not condone any types of unacceptable behaviour or abuse including harassment, intimidation or bullying of Pozitive Telecom’s customers or employees. If Pozitive Telecom determines in Pozitive Telecom’s sole opinion (acting reasonably) that you or your Users have acted in a manner that is inconsistent with reasonable customer behaviour and in breach of this Section, Pozitive Telecom reserves the right to respond in the following ways:
  • If you or your Users abuse or harass Pozitive Telecom’s contact centre advisors, Pozitive Telecom follow a “One Strike” policy to cease the conduct immediately or the interaction will be terminated. If the abuse or harassment continues, the advisors will end the call and make a record of the incident on your account.
  • Depending on the severity and frequency of the abuse, Pozitive Telecom may decide to suspend or disconnect your account and/or the Pozitive Telecom Service(s) wholly or partially, as well as take additional measures to prevent contact with Pozitive Telecom’s advisors in the future, for example by blocking your IP address(es) and/or number(s).
  • Any threatening conduct will be reported to the police immediately, and a record will be placed on your account.
5.2. If your and/or your User’s conduct results in disconnection of your account and/or the Pozitive Telecom Service(s) wholly or partially, an Administration Fee as set out in our Price List Terms & Conditions | Pozitive Telecom may be payable in addition to all outstanding sums payable under Agreement falling immediately due. Please see clauses 6.3, 6.4, 6.7, 13 and 14 of the Terms and Conditions for further details as to when we may suspend or terminate your account and/or the Pozitive Telecom Services as a result of your conduct.
6 Monitoring and Breaches of the Policy
6.1. Pozitive Telecom may, in its sole discretion (acting reasonably), run manual or automatic systems and monitoring of the volume and type of use of the Pozitive Telecom Services by you or your Users in order to ensure that such use is compliant with the relevant terms of this Policy and the Terms and Conditions at all times. Pozitive Telecom may also carry out such monitoring activity where required or permitted by Applicable Law.
6.2. If Pozitive Telecom believes that you or your Users have breached this Policy or clause 6 of the Terms and Conditions, or you have engaged in a Prohibited Activity, the actions Pozitive Telecom may take may include but are not restricted to:
  • investigating the possible breach;
  • notifying you of the breach;
  • contacting you to gather further information, request you or your Users moderate your usage, or to discuss Pozitive Telecom’s concerns;
  • issuing a formal warning to you;
  • blocking electronic communications which Pozitive Telecom reasonably believes have breached this Policy or the Terms and Conditions;
  • restriction of your or your User’s access to all or any part of the Pozitive Telecom Services with immediate effect;
  • introduce traffic management measures;
  • whole or partial suspension of your account and access to the Pozitive Telecom Services with immediate effect; and/or
  • whole or partial termination of your account(s) and access to the Pozitive Telecom Services with or without notice;
6.3. Additional action may apply if Pozitive Telecom believes that you or your Users have engaged in conduct that could be viewed as abusive or harassing towards Pozitive Telecom’s employees, contractors or agents. These are detailed above in clause 5.
6.4. Pozitive Telecom reserves the right to charge you any costs and expenses (properly and reasonably incurred), whether direct or indirect, associated with preventing or responding to your breach of this Policy and/or responding to associated third party complaints.
6.5. Nothing in this Section limits Pozitive Telecom’s rights and remedies (available at law or in equity) in any way with respect to a breach of this Policy, a Prohibited Activity or the Terms and Conditions.
7 Data Protection
7.1. Pozitive Telecom reserves the right to use your account information and Users’ Personal Data (as defined in the Terms and Conditions) in connection with any investigation carried out by Pozitive Telecom in accordance with this Policy, the Terms and Conditions Terms & Conditions | Pozitive Telecom and Pozitive Telecom’s Privacy Policy, available at Terms & Conditions | Pozitive Telecom . For example, Pozitive Telecom may disclose relevant data and account information to any third-parties that Pozitive Telecom considers have a legitimate interest in any such investigation or its outcome, including without limitation, the police.

Having Difficulty Paying, billing and bad debt

This Bad Debt Policy (“Policy”), forms part of your Agreement with Pozitive Telecom, as defined in Section 2 of the Terms and Conditions Terms & Conditions | Pozitive Telecom . The Policy covers your obligations in respect of the Pozitive Services.

Invoicing

You will receive your monthly invoice on the 3rd of each month. This will include charges in advance for your mobile, voice and broadband services, where applicable, and any call charges for the previous month. All invoices will be sent via email, accessible on the portal and payable by Direct Debit. Paper invoices are available upon request; however, there may be a charge for this service. If required, there are a number of formats which we can provide your bill in, please get in touch if a different format is required or see Terms & Conditions | Pozitive Telecom for further information.

Difficulty paying

We understand circumstances can change; please let us know as soon as possible if you are having payment difficulties at any time. If you are having payment difficulties, contact our Customer Services in any of the following ways and they will work through your options:
  • Phone: 0333 370 9900
  • Email at: telecomhelp@pe.solutions
  •  Write to us at the following address: Pozitive Telecom, Floor 10 (North West), One Canada Square, Canary Wharf, London, E14 5AB
There are a range of options our Customer Services can discuss which may help you. This may include downgrading your package or suspending outgoing calls for an agreed period. Other options may include:
  • Setting up a payment plan
  • Reviewing your contract options

What happens if I don’t pay my bill: Missed or Late Payments

We know it can be hard to talk about money issues, but the best thing to do if you’re struggling to pay is to speak to us. We’re here to listen and do everything we can to support you through difficult times. If you don’t pay for your services on time in accordance with the Terms and Conditions Terms & Conditions | Pozitive Telecom , we will attempt to contact you to advise there is a problem or send a reminder primarily by email or text. If you require us to contact you by another method, please let us know. It is important that you know that if we don’t hear from you your service may be affected. If payment on your account is not brought up to date, we may take action to restrict or suspend your services, including disconnection of these services. We will take action to disconnect your service(s) as a last resort and you will be provided with an email warning prior to us placing any restrictions on your account. We will notify you if action is to be taken following attempted collection of the Direct Debts. You can bring your account up to date at any time in order to stop action being taken. In the event we have to chase you for payment or take action on your account to restrict or suspend services, we may charge an administration fee and/or late payment charge(s). These charges can be found on our price list Terms & Conditions | Pozitive Telecom . If you do not pay us any sum due under the Agreement on the due date we shall be entitled to charge you interest on the overdue sum from the due date until payment of the overdue sum, which shall accrue interest each day at the interest rate payable pursuant to the Late Payments of Commercial Debts (Interest) Act 1998, to run from the due date of payment until receipt by us of the full amount (including any accrued interest) in cleared funds. We shall invoice you for the reasonable costs incurred by us of collecting any undisputed overdue amount. Additionally, we can pass information relating to you (including, where relevant, personal data) to a credit reference agency. Your debt could then be passed to a third-party debt collection agency to be recovered on our behalf. You will also be responsible for all reasonable debt recovery fees we incur in recovering any money that you owe us. This may also affect your credit rating which may have an impact on your credit score and your ability to obtain credit in future. We may terminate the Agreement(s) in respect of some or all services with immediate effect by giving written notice to you, if you fail to pay any amount due under this Agreement on the due date and remain in default not less than 7 days after being notified in writing to make such payment. You can find any late payment charges which may apply on our price which can be found Terms & Conditions | Pozitive Telecom If we do have to take action on the account, reduce or suspend services, it may take some time for your service to be restored once payment on your account is brought up-to-date. If we do apply restrictions to your account this may affect you making calls or having the services you are used to.

My Direct Debit has failed, what can I do?

We understand things can go wrong, try not to worry. If the failure has occurred because your bank details have changed, you should contact us to provide us with the new details. Otherwise, if your Direct Debt fails, we will make a second attempt to collect the payment 5 days later. If this second attempt fails, we will contact you, by email or text to notify you of the non-payment and suspension of your services. If the second attempt to collect payment fails, a “Failed Direct Debit charge” may be applied to your account. You can find details of these charges on our prices list here Terms & Conditions | Pozitive Telecom If payment is not made 30 days from the date of the last invoice, we will notify you that your service(s) will be terminated. To avoid disruption to your service you’ll need to pay your outstanding balance or have arranged a support plan with us. Notification of disconnection will be provided in the format you have notified us of, for example, large print.

Financial Advice and Help

If you need independent and impartial advice, please see the list below of organisations you can contact: Citizens Advice main website – https://www.citizensadvice.org.uk/ Citizens Advice (England & Wales) – they can provide free information for a customer based in England or Wales who cannot afford to pay their bills.
  • Freephone 0808 223 1133
  • Online webchat from 9am-5pm.
  • For textphone dial 18001 followed by the helpline number.
  • To contact a Welsh-speaking adviser freephone 0808 223 1144. For more information visit Debt and money – Citizens Advice
Advice Direct Scotland – can provide free, practical advice and information to the customers in Scotland: Business Debtline – a charity giving free and independent business debt advice. National Debtline – Telephone 0808 808 4000 or www.nationaldebtline.org StepChange Debt Charity – Telephone 0800 138 111 or www.stepchange.org

We are always working to complete your port on the agreed port date. Some disruption can take place to your service on the day of the port and this is not unusual.  There are occasions when you may briefly lose service as the number is transferred. You may be eligible for compensation if your transfer is delayed beyond the port date we have agreed. If there is a delay to your port and you believe you are eligible to receive compensation or if any of the information we gave you when you joined us relating to your switch from another provider was incorrect, you may be eligible for compensation, please contact Customer Care Team:

Telephone: 0333 370 9900

Email: telecomhelp@pe.solutions.

Any compensation will be made in the form of credits and applied to your next bill.

We are committed to offering the very best in customer service. However, we know that things do sometimes go wrong and we are committed to resolving any complaints in a timely manner. Pozitive Telecom will endeavour to resolve any complaint to your satisfaction. Where this is not possible you have the option of referring your complaint to an alternative dispute resolution service. We are members of the Ombudsman Service. In the event you wish to take your complaint further the details of this service can be found at the end of this document. Step 1 If your complaint is related to a service you received from Pozitive Telecom, please call our Customer Care Team on 0333 370 9900 or
  • send an email to telecomhelp@pe.solutions, please include all the information specified above.
  • Write to us at the following address: Floor 10 (North West), One Canada Square, Canary Wharf, London, E14 5AB
When sending an email or writing to us please include the following information as this will enable us to handle your complaint more efficiently:
  • Your name and any relevant account details;
  • The date the problem occurred and details of the problem;
  • Your telephone number;
Our team will discuss with you your complaint and try to resolve your complaint with you as quickly as possible. This will normally be carried out over the phone; however, if a call is not suitable, please advise how we best get in touch with you. If it is not possible to resolve your complaint in the immediate term, we will advise of the steps which will be taken and the timescales. Where a complaint needs further information and cannot be resolved immediately, we aim to update you in 10 days; however, this may not always be possible depending on the nature of the complaint. Step 2 If you are not satisfied with the way your complaint is being handled or the response we have provided, you can ask for your complaint to be escalated by being passed to our Complaints Team who will undertake an independent internal review. Please be aware that our Complaints Team can only assist with matters that our Customer Care Team have dealt with first. You can contact our Complaints Team by emailing complaints@pe.solutions. Once we have proposed a resolution for the complaint, we require you to confirm you are happy with the outcome within 28 days. After this time the complaint will be deemed closed. If you are unhappy with our conclusion of your complaint after it has been through the process under step 2, you may refer the issue to the Ombudsman Service for free, details can be found below. Your right to have the matter referred to ADR If you have not received a satisfactory response from us and we have reached ‘deadlock’ or eight weeks have passed since you first registered your complaint, it can be referred to Ombudsman Services (https://www.ombudsman-services.org/sectors/communications) for their impartial review. This service is free of charge to you. Any decision they make will be binding on us, but not on you, so you can seek further advice if you wish to. To take your complaint to the Ombudsman Service, we will send you an Alternative Dispute Resolution (ADR) letter, which you will need to share with them. We are required to send an ADR letter to you:
  • where your complaint has been through every stage of our internal complaints process and we have informed you of the outcome of that investigation, you have confirmed that you do not consider the proposed outcome to be satisfactory and we have confirmed that we do not intend to take any further action with regard to the dispute; or
  • automatically, if after 8 (eight) weeks of lodging your complaint and us confirming receipt, it remains unresolved.
Contact details for the Ombudsman Service are as follows: Post: Ombudsman Services: Communications, P.O. Box 730, Warrington, WA4 6WU Phone: 0330 440 1614 Email: enquiry@ombudsman-services.org Independent support Independent advice is available to domestic and microbusiness customers at any stage from Citizens Advice. You may wish to contact Citizens Advice if you need help in relation to your rights concerning a communications service – for example, if you’re struggling to pay for the communications services you use. Go to https://www.citizensadvice.org.uk/consumer/ scroll down to the Phone, TV or internet section. You can contact an adviser through the national phone service: Adviceline free (England): 0800 144 8848 Advicelink free (Wales): 0800 702 2020 Advice Helpline free (Scotland): 0800 028 1456 Relay UK – this service maybe easier if you trouble using the phone or can’t hear or speak easily, you can type what you want to say: 18001 then the Adviceline or Advicelink number. You can use Relay UK with an app or a textphone. There’s no extra charge to use it. Find out how to use Relay UK on the Relay UK website. Adviceline is available 9am to 5pm, Monday to Friday. It’s usually busiest at the beginning and end of the day. It’s not available on public holidays.

Introduction

Telephone numbers in the UK are set out in two sections: geographic (01 and 02) and non-geographic (03, 084, 087, 09, 118). As you would expect, geographic numbers are generally linked to a location. Non-geographic numbers, unlike geographic telephone numbers and the cost of calling non-geographic numbers, is not linked to a specific UK location i.e. a town.

The costs of calling any non-geographic number can vary and you should always check the rates associated with these calls Terms & Conditions | Pozitive Telecom .

What are Non-geographic numbers

Non-geographic numbers include numbers beginning with ’03’, ‘084’, ‘087’, ’09’ or 118 .

Sometimes, these numbers are called ‘Service’ or ‘Premium Rate Service’ numbers and have a two-part charge for calling them.

Calls to 03 numbers

03 numbers are increasingly used by businesses as their main customer contact numbers and for business to business communication. Calls to 03 numbers have to cost the same as calls to 01 and 02 geographic numbers. So, we’ve included calls to these numbers as part of your package.

What are Premium Rate Services (PRS)?

Premium Rate Services (PRS) are regulated by the Phone-Paid Services Authority and are sometimes known as Phone-Paid Services. These non-geographic numbers (those beginning 087, 09 & 118) can be used to make purchases and the charge is made to your phone bill.
Numbers which support Premium Rate Services are often used to call services such as: recorded information, competitions, voting, directory enquiry information, advice or chat lines.
Those companies providing these services, as mentioned above, are called Service Providers.
It is important to note that calls to these services vary considerably and it is important to check the cost of calling to avoid large bills. Please see our price list Terms & Conditions | Pozitive Telecom . The Service Provider should make it clear in their adverts the cost of making calls to their service.
Sometimes, non-geographic Premium Rate Services are called Number Translation Services and the terms NTS and PRS are used interchangeably.

Other non-geographic numbers begin:

  • 0800 and 0808 numbers or ‘Freephone’ numbers are free to the caller from landlines and mobiles. These calls will not be shown on your bill.
  •  Texts or Short code numbers which can be 4, 5 or 6 digits in length are called SMS (Short Message Service) short codes. These are often used by businesses to allow customers to opt-in to SMS campaigns, alert services, or to enter SMS competitions. Like Premium Rate numbers, these may cost more to call/text than standard numbers. See our price list Terms & Conditions | Pozitive Telecom .
  •  070 referred to as ‘Personal Numbers’. These are often used as a ‘follow me’ service where calls are diverted from one number to another. Therefore, the person being called keeps their number private. 070 numbers differ from mobile numbers which usually begin with 071 to 075 or 077 to 079. See our price list Terms & Conditions | Pozitive Telecom .

Cost of calling non-geographic and Premium Rate Service (PRS) Numbers

Calls to non-geographic numbers (calls beginning 084, 087, 09 and 118) are charged in two parts – the Access Charge and the Service Charge.
The Access Charge is charged by us for originating and passing the call over our network. This charge is made at a pence per minute rate. See our price list Terms & Conditions | Pozitive Telecom .
The Service Charge is set and charged by the network operator who terminates the call and enables you to access the service (Service Provider) once your call is connected. This charge should be made clear and advertised by the Service Provider alongside their number. This charge is not set by Pozitive Telecom.
Your cost for making a call to a non-geographic number is the cost of the Access Charge and the Service Charge together. Your invoice will show the charge for both elements. We will pass on the Service Charge to the Service Provider.
You will be able to find all the relevant charges in our price list Terms & Conditions | Pozitive Telecom .

Further detail regarding the cost of calling non-geographic numbers

084* – these calls will be charged at no more than 7 pence per minute (inc. VAT) or 7 pence per call (inc. VAT) where the Service Charge is set exclusively at a pence per call rate, plus our Access Charge.

087*- these calls will be charged at no more than 13 pence per minute (inc. VAT) or 13 pence per call (inc. VAT) where the Service Charge is set exclusively at a pence per call rate, plus our Access Charge

09* – these calls will be charged at no more than £3.60 pence per minute (inc. VAT) or £6.00 per call (inc. VAT) where the Service Charge is set exclusively at a pence per call rate, plus our Access Charge.

118* – Directory Enquiry numbers these should not be charged at more than £3.65 (inc. VAT) per 90 seconds or £3.65 (inc. VAT) where the Service Charge is set exclusively at a pence per call rate, plus our Access Charge.

Text Messages & SMS short codes. Usually beginning with 2, 6, 7 or 8 and can be 4, 5, or 6 digits long. Sending texts to certain short codes from your landline can be considerable expensive. Call to the following should always be checked:

  • 087 business information lines;
  • Mobile games;
  • Competitions and quizzes;
  • Charity donations;
  • Adult entertainment; and
  • Chat services.

Please check with the Service Provider the cost of these texts before you send any messages. Alternatively, you can block making calls to these expensive numbers.

*Calls to these numbers may be set at a pence per minute, a pence per call rate, or a rate which combines a pence per minute rate and a pence per call rate. The Access Charge will also be added to any of these variations. You can check the cost of calling Premium Rate Services on the PSA website, found here https://psauthority.org.uk/

Blocking Numbers calls

As the cost of calling numbers can be extremely expensive you may decide to block the ability to dial them. If anyone then tries to dial these numbers the call will not succeed and the cost will therefore be avoided. It does mean you will be unable to access the types of services highlighted above. To activate contact blocking please call Customer Services by:

  • Phone: 0333 370 6900
  • Email: telecomhelp@pe.solutions
  • Post: Pozitive Telecom, Floor 10 (North West), One Canada Square, Canary Wharf, London, E14 5AB

Phone-paid Services Authority (PSA)

The PSA is the industry regulator for all Premium Rate charged services and it publishes a Code of Practice for Service Providers and network operators using these PRS numbers. The Code also covers how these numbers should be advertised and how providers are responsible for complying with the Code.
The PSA investigates complaints about the promotion and operation of services that involve the use of a telephone-based connection to access a Premium Rate number. These include connections from landline telephone, Voice-over-IP telephones, fax, Internet, mobile phone (voice and SMS) and interactive TV.
The PSA’s service is free to consumers and is fully independent.

How to complain to the PSA

The first step with respect to any complaint is to contact our Customer Service team, see the ways to contact the team above, to see if they are able to help. Alternatively, you can get in touch with the Service Provide and they should be able to discuss the charges with you.

If you don’t recognise the number there is a service checker available from the PSA which can be found https://psauthority.org.uk/

Alternatively, you can submit a complaint to them:

When making a complaint it is useful to provide an information you may have with respect to the service. For example, the promotion or advertisement.

At Pozitive Telecom, we appreciate that everyone is different and circumstances change, be it long term or temporarily. We want the end-users of our services to receive the best possible service and we believe everyone should have quality access to connectivity in this digital age. To achieve this, we provide a number of services to support our customers and their employees or authorised users with diverse needs. This includes the needs of persons with disabilities, or those who, as a result of their circumstances, may be vulnerable in some other way. In this policy document, we refer to these persons as “Vulnerable Customers” or “you”.
This policy document states the services we offer to help make life better for everyone, including our Vulnerable Customers.

Identifying Needs

In order to offer a consistent service, it helps if we can record limited information on Vulnerable Customers with respect to the nature of their vulnerabilities and how we can help them better. We may need to ask permission to keep a record of this information, which will be recorded on our system for internal use.

There is no strict definition of a Vulnerable Customer that is required to use our additional services. There may be a number of factors that could influence the cause of a vulnerability. Each one could be temporary or permanent, vary widely, and may not always be obvious. For example, a person may be vulnerable due to factors such as:

  • Age
  • Physical or learning disability
  • Physical or mental illness
  • Low literacy skills
  • Communication difficulties
  •  Changes in circumstances, such as bereavement or financial difficulties. Whilst not everyone with a disability is vulnerable and each person is different, we are ready to provide support services where needed. We would encourage Vulnerable Customers to inform our Customer Service team of their needs to ensure we can offer the appropriate services as soon as possible. Similarly, should a Vulnerable Customer feel the need to flag a change in circumstances, or otherwise update their records, they may contact Customers Services.
  • Customer Services can be contacted in any of the following ways:
  • Phone: 0333 370 6900
  • Email at: telecomhelp@pe.solutions
  •  Post: Pozitive Telecom, Floor 10 (North West), One Canada Square, Canary Wharf, London, E14 5AB

If you are hard of hearing, for example, we can help you access different ways to communicating remotely with others and with us.

Please see the list of services we have available to support you below.

Our Services

It is important to note that access to landline or broadband services may not work if there is a power-cut or other power failure. If you rely on these services, in particular for access to emergency services (for example police, fire, ambulance or coastguard services), you should ensure that you have made alternative arrangements.
If you have services, such as medical devices, which rely on your landline or broadband service, it is important you check with the service provider or manufacturer that this service is compatible with our services.
Pozitive Telecom offers a variety of support services. Please get in touch with Customer Services should you wish to request access to a service or discuss any of these services in more detail. Our services include:

  1. Alternative Formats: there are various ways we are able to provide documents and information on request. This includes large print, electronic copies, Braille and coloured paper. Nearly all our documents are available in these alternative formats.
  2. Directory Enquiry Information: there are various ways we are able to provide access to directory enquiry services and directory information,
    You can also apply for free directory assistance and information by calling BT Directory Assistance on 195.
  3. Relay Service: this service is available for both fixed and mobile phones and allows for a conversation to be typed into a phone keypad and then connected with the person being contacted. A relay assistant will help connect you to the person you wish to call and they will assist the conversation.
    For further information on how the services work please follow the link: https://www.relayuk.bt.com/
    Or https://www.ofcom.org.uk/phones-telecoms-and-internet/advice-for-consumers/accessibility/text-relay-guide
  4. Priority Fault Repair: if you are relying on your fixed telephone service or your broadband service, you can register for Priority Fault Repair. This service is available to those who depend on these services due to a vulnerability and the loss of this service would pose an imminent risk to your health and safety. Repairs are carried out as soon as feasibly practicable given the nature of the fault, which is often outside of our control and which may prevent an immediate response. Examples would be where adverse weather such as storms or floods prevent repairs from being undertaken.
  5. Registering your mobile to send Emergency SMS messages: you can contact the Emergency Services (Police / Fire / Ambulance / Coastguard) by SMS (i.e., “text message”) rather than dialing 999 or 112 – but you need to be registered first. To register, please follow the below process:
  6. Contact the Emergency Services using British Sign Language (BSL): if you are deaf, hard of hearing or have a speech impediment, you may wish to access video relay services for contacting emergency services.
    999 BSL, is available either via the app or the website and connects you to British Sign Language (BSL) interpreters remotely. The interpreter will relay the conversation with the call handler and emergency authorities.
    You don’t have to register for the service. You can download the app or use a web browser for free. You can make a 999 call via this web address https://999bsl.co.uk/
    You can download the app from https://999bsl.co.uk/download/
    For more detail, please click on this link for a short video about the service https://999bsl.co.uk/wp-content/uploads/2022/04/What-is-999-BSL_-.mp4
  7. Third party bill management: this service enables you to nominate a third party or Power of Attorney to help manage your account. This person will be able to make changes to your account, discuss your account with Customer Services and make payments. This should be a trusted person as you will still be responsible for any actions taken on your account. They will not be liable as they are acting on your behalf and you will still be responsible for the bill.
  8. We continually monitor the service we provide and value your feedback.
Last updated 27 th November 2023 Please read these terms and conditions carefully so that you are fully aware and understand our mutual obligations and responsibilities. Pozitive Energy is a trading name of Pozitive Energy Ltd, but the Services are provided by Pozitive Telecom Ltd and the contract for these Services is between you and Pozitive Telecom Ltd.
1 GENERAL TERMS
1.1. These terms and conditions (‘Terms and Conditions’) are for business customers ordering Services for business purposes only. Any Services ordered under this Agreement are not to be used for domestic or residential purposes and you will not have the benefit of any rights that apply only to consumers under Applicable Law. These terms should be read alongside the other documents that comprise the Agreement.
1.2. The terms of the Agreement apply to all Orders you place for Services and supersede any previously issued terms and conditions of purchase or supply.
1.3. You shall ensure that your Order is complete and accurate and you shall be fully responsible and liable for all information set out on Orders you place with us.
2 DEFINITIONS
The following definitions and rules of interpretation apply to this Agreement.
“Acceptable Use Policy” means our acceptable use policy applicable to the Services which is available at the Website updated by us from time to time.
“Agreement” means the clauses of these Terms and Conditions, the applicable Service Terms, the Contract Information, the Contract Summary, each Order and any other documents referred to in such documents.
“Applicable Law” means all a) laws, statutes and regulations, and b) all instructions, guidelines, guidance, determinations, designations or codes of conduct having force of law of any regulatory authority or agency of competent jurisdiction, which relate to the provision or use of the Services which are applicable from time to time.
“Applicable Data Protection Laws” means the UK GDPR and the Data Protection Act 2018 and any other laws of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.
“Business Day” means a day, other than a Saturday, Sunday, public or bank holiday in England.
“Business Hours” means the period from 9.00 am to 5.30 pm on any Business Day.
“Charges” means all and any charges payable by you pursuant to this Agreement, or as set out in the Price List.
“Code of Practice” means our code of the same name as detailed on our Website.
“Commencement Date” means the date on which the Order becomes binding on us and you or you otherwise indicate acceptance of the Order and/or this Agreement.
“Contract Information” means the document entitled Contract Information we issue to you in accordance with Applicable Law prior to your entering into this Agreement.
“Contract Summary” means the document entitled Contract Summary we issue to you in accordance with Applicable Law prior to your entering into this Agreement.
“Deliverables” means any documents, products and materials provided by us to you in relation to the Services.
“Early Termination Charge” means the charge payable by you in the event that a Service is terminated after the Service Commencement Date but prior to the end of any applicable Minimum Service Period and which is calculated as set out in clause 14.2 below.
“Equipment” means any equipment that we agree to supply to you as part of any Order for use in connection with the Services.
“Index Rate” means the Consumer Prices Index rate published by the Office of National Statistics in respect of December in the year prior to which any notice of increase of charges is given.
“Intellectual Property Rights or IPRs” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Losses” means all losses, liabilities (including provision for contingent liabilities), fines, damages, costs and expenses including without limitation legal fees on a solicitor/client basis and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties.
“Minimum Service Period” means the minimum contractual term applicable to a Service, starting on the Service Commencement Date (as detailed in the Order) for that Service, as set out in the Contract Information and Contract Summary.
“Monthly Charge(s)” means the charge as detailed in the Contract Information.
“Order” means the document entitled “Order Form” we issue to you setting out the Services and Equipment we provide to you under this Agreement.
“Portal” means any web hosted portal as we may make available to you from time to time (at our sole discretion) for the purposes of providing you with information in relation to the Services and such other purposes as we may from time to time decide.
“Price List” means the prices, charges and/or tariffs in relation to any Services or Equipment set out on the Website from time to time. The Price List can be found at Terms & Conditions | Pozitive Telecom
“Representatives” means each party’s directors, officers, employees, agents or consultants of our group companies together with any professional advisors to the same.
“Service Commencement Date” means the date on which the Services are first provided or made available to you and they are capable of being used as contemplated by this Agreement, which is also set out in the Order.
“Services” means the services to be supplied to you by us as detailed or referenced in the applicable Service Terms and Order.
“Service Terms” means the specific service terms which relate to the Service and/or the Equipment which is being supplied to you and which are sent to you with the Order or otherwise referenced in the Order.
“Software” means any software provided by us to you that forms part of, or allows you to make use of, the Services and/or Equipment.
“UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.
“We, Us and Our” means Pozitive Telecom Limited incorporated and registered in England and Wales with company number 07764492 whose registered office is, Floor 10 (North West), One Canada Square, Canary Wharf, London, E14 5AB.
“Website” means the website located at https://pozitivetelecom.com or any URL that replaces the same from time to time and/or the Portal.
“Year” means each successive period of 12 months, the first such period commencing on the Commencement Date.
“You and Your” means the person or entity identified as the customer in the Order.
“Your Materials” means all documents, information, items and materials in any form, whether owned by you or a third party, which are provided by you to us in connection with the Services.
2.1 References to clauses are to the clauses of this Agreement. Clause and paragraph headings shall not affect the interpretation of this Agreement.
2.2 A person includes a natural person or a corporate or unincorporated body (in each case whether or not having separate legal personality). A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular and a reference to one gender shall include a reference to the other genders.
2.3 This Agreement shall be binding on, and be for the benefit of, the parties to this Agreement and their respective successors and permitted assigns, and references to any party shall include that party’s successors and permitted assigns.
2.4 Unless provided otherwise in this Agreement, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time and includes all subordinate legislation made from time to time under that legislation or legislative provision.
2.5 A reference to writing or written excludes fax but includes email.
2.6 A reference to this Agreement or to any document referred to in this Agreement is a reference to this Agreement or such other document referred to in this Agreement, in each case as varied from time to time.
2.7 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms
2.8 In the case of conflict between any of the documents that comprise this Agreement, the following descending order of precedence shall apply: (i) the Contract Summary, (ii) the Contract Information, (iii) the relevant Service Terms; (iv) the Terms and Conditions; (v) the Order; (vi) any other documents referred to in such documents.
3. COMMENCEMENT AND DURATION
3.1. This Agreement shall commence on the Commencement Date and shall continue, unless terminated earlier in accordance with its terms, until the expiry or termination of all of the Services provided pursuant to this Agreement, when it shall terminate automatically without notice.
4. ORDERS
4.1 Once you have confirmed the services that you require us to provide during your order journey, we will send you a Contract Information and Contract Summary, and an Order for you to sign and submit back to us. The Order shall become binding on us and you once (i) you have signed and submitted the Order to us in accordance with the instructions we provide you and (ii) this has been received by us.
4.2 Once you have confirmed the services that you require us to provide during your order journey, we will send You agree that once the Order becomes binding in accordance with clause 4.1 above, you will be bound by the terms of the Agreement, including in respect of using the Services and paying the Charges. You may not cancel a binding Order without incurring an Early Termination Charge.
5. OUR RESPONSIBILITIES
5.1 We shall use reasonable endeavours to supply the Services to you from the applicable Service Commencement Date in accordance with this Agreement in all material respects and subject to technical feasibility. We shall also provide the Services using reasonable skill and care as could be expected from a competent communications provider.
5.2 We shall use reasonable endeavours to meet any performance or delivery dates specified in the relevant Service Terms but any such dates shall be estimates only. Time shall not be of the essence in relation to the performance by us of any obligation under the Agreement and any lead times for the installation, commencement and/or recommencement of any Services or the delivery of any Equipment are indicative only and not guaranteed. This clause is without prejudice to your rights and our obligations under Applicable Law.
5.3 Without prejudice to any service levels set out in the Service Terms, we do not guarantee that the Services will be continuously available or fault-free or provide any minimum levels of service and you acknowledge that faults and issues may occur from time to time.
5.4 You acknowledge and agree that any non-mobile Services will not work in the event of a power cut and it is your responsibility to ensure you have a back up plan in place to make calls and/or access the internet in any such situation. Further details are set out in the relevant Service Terms and in our Vulnerable Policy.
5.5 If we do not comply with any of our obligations in clauses 5.1 and 5.2, we may (acting reasonably) at our sole discretion, and as our exclusive liability and your exclusive remedy, take such steps as we deem necessary to either: 5.5.1 remedy such failure; or 5.5.2 refund such part of the Charges as relates to the relevant part of the Services.
5.6 We provide a range of support for vulnerable customers. For information and assistance available to users with disabilities or who are otherwise vulnerable, please see our Vulnerable Policy.
6. YOUR RESPONSIBILITIES
6.1 You shall:
6.1.1 co-operate with us in connection with the Services and comply promptly with our reasonable instructions and/or those of our suppliers;
6.1.2 promptly provide us with such assistance, access to people, premises, facilities and complete and accurate information as we may require from time to time to comply with our obligations under this Agreement and to verify that you are complying with your obligations under this Agreement. This includes, without limitation, ensuring that we have up to date and correct contact information for you;
6.1.3 comply with all Applicable Laws and not cause us or any of our suppliers to breach any Applicable Laws;
6.1.4 ensure that any services and/or equipment that you use in connection with the Services is in good working order, properly licensed, and is suitable for use with the Services and conforms with all Applicable Laws. In particular you must check with the relevant manufacturer and/or service provider that that any systems and/or equipment that you intend to use with any of our Services including CCTV, alarms and/or telemetry equipment will operate correctly when used with such Services;
6.1.5 keep any Equipment that we provide to you in good working order and promptly apply any software releases, updates, patches or fixes as we or our suppliers may require from time to time;
6.1.6 obtain and maintain in force all necessary authorisations, licences, permits and/or consents necessary or required either by Applicable Laws for using any of the Services or permitting the Services to be installed;
6.1.7 comply with the Acceptable Use Policy and other policies that may be implemented from time to time in relation to the use of the Services and/or the Equipment, you acknowledge that updates to such policies will not be notified to you and it is your responsibility to check for any updates to such policies. You must keep safe at all times all passwords and security information you use for your Service and your account with us;
6.1.8 ensure that you have adequate provision in place to meet your needs to protect against any loss of data, service or connectivity including in the event of a power cut; and
6.1.9 only use the Services and Equipment for your own use business use and not re-sell or allow a third party to use the same. You are responsible for all use of the Services connected with your account with us.
6.2 You shall indemnify, keep indemnified and hold us harmless in respect of any and all Losses incurred or suffered by us to the extent they result directly or indirectly from any breach by you of clause 6.1.
6.3 If you use a Service in breach of clause 6.1, or we have a reasonable suspicion that you may have done so, then we may suspend the relevant Service on giving you written notice. If we suspend the Service in accordance with this clause, we shall reconnect the Service as soon as reasonably practicable once we are satisfied that the breach in question (if remediable) has been remedied by you. If the breach in question cannot be remedied, we may terminate this Agreement by giving you written notice and you may be liable for Early Termination Charges. All Charges shall remain payable during any period of suspension and we shall also be entitled to invoice you for charges associated with any such reconnection (as set out in the Price List list) and the same shall be payable by you in accordance with clause 8.
6.4 If the performance of any of our obligations under the Agreement is prevented or delayed by your act or omission or failure to perform any relevant obligation (Your Default):
6.4.1 we may suspend performance of the Services until you remedy Your Default, and we shall be relieved from the performance of any of our obligations in each case to the extent Your Default prevents or delays such performance;
6.4.2 we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of its obligations; and
6.4.3 you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising out of or in connection with Your Default.
6.5 We are not obliged to monitor the usage of the Services by you. In the event that we do carry out any such monitoring, we shall not be liable for detecting, preventing or failing to detect or prevent any unauthorised or fraudulent use of the Services.
6.6 You shall not use the Services for any illegal, fraudulent or unauthorised use and shall notify us immediately as soon as you become aware of any such use of the Services whether by you or by any third party including your employees, agents or contractors.
6.7 We can suspend or terminate the provision of the Services upon becoming aware of any illegal, fraudulent or unauthorised use of the Services or if we have a reasonable suspicion of the same. If we suspend any of the Services pursuant to this clause 6.7, then, subject to earlier termination in accordance with this clause, we will recommence provision of such Services as soon as reasonably practicable after you demonstrate to our reasonable satisfaction that appropriate technical, organisational, security or other measures have been put in place to prevent any further unauthorised or fraudulent use of the Services. Any such suspension shall be without prejudice to our right to terminate at any time during such period of suspension.
6.8 You shall remain liable for the payment of the Charges for the Services and for any illegal, fraudulent or unauthorised use of the Services by you, any person who uses and/or accesses any of the Services pursuant to this Agreement or otherwise as a result of your acts or omissions including for any suspension in respect of the same.
7. CHANGES
7.1 As well as our rights to change the Charges which are set out in clause 8 below, we are entitled to make other changes to this Agreement, the Charges and/or any of the Services from time to time. Unless such change is (i) exclusively for your benefit; (ii) purely administrative with no negative effect on you; or (iii) is directly imposed by a change in Applicable Law, we will give you at least one month’s notice in writing of such change. In such circumstances, you may terminate the Agreement by giving us notice within one month of the date of the notice given by us of any such proposed change.
7.2 If you terminate the Agreement in accordance with clause 7.1:
7.2.1 the Agreement will terminate on the date on which the change comes into effect or, where this is not feasible due to the timing of your notice of termination, as soon as reasonably possible after that date; and
7.2.2 no Early Termination Charges will apply; and
7.2.3 you may need to pay an outstanding balance to retain any Equipment.
8. CHARGES AND PAYMENT
8.1 Except for usage related charges which shall be invoiced in arrears, unless otherwise specified in the Order or otherwise agreed between the parties, we shall invoice you for the Charges in relation to a Service monthly in advance on the same date in each month as the date on which the Service Commencement Date for that Service falls or if that day is not a Business Day on the next Business Day.
8.2 From 1 April every year, an annual price increase will be applied to the Charges, including the price of your monthly plan, as well as any add-ons and/or out of bundle charges which may be applicable. This annual price increase will comprise i) the Index Rate, plus (ii) 3.9%. If the Index Rate figure is negative or nil, in the relevant year, the Charges will only increase by 3.9%. In each case any increase will be rounded up to the nearest whole pence. We will only increase the prices to call non-UK destinations from the UK and for roaming calls (calls made from a mobile while the user is in another country) by any increase in the costs we are charged by our third party providers. The rate you will be charged will always be the rate shown on the Website on the day you make the call, which may increase from time to time. For example, this means that if your price to call a landline in the United States of America was 50 pence per minute yesterday and our cost of supply increases by 5 pence per minute, the new price on the website will be 55 pence per minute, which is the cost you will pay for a call today. For any change made in accordance with this clause 8.3, clause 7.1 will not apply.
8.3 You shall pay each invoice submitted to you under this Agreement by us within ten (10) days of receipt to a bank account nominated in writing by us from time to time. Unless otherwise agreed, you shall make all payments by Direct Debit. If you cancel your Direct Debit or fail to pay by Direct Debit for any reason, we may charge (and if charged, you shall pay) an administration fee as set out in the Price List which can be found on the Website.
8.4 Any delay by us in invoicing you for the Charges shall not prevent us from raising an invoice at a later date in respect of the same, nor shall it relieve you of your liability to pay for the same. If you (acting reasonably and in good faith) wish to dispute an invoice, or any part of an invoice issued by us, you must do so within 10 days of the date of the invoice, providing full details of the dispute to allow us to investigate it and any other information and evidence which we reasonably require to verify the disputed sum. Where an invoice is disputed in part, payment of the undisputed part must be made in accordance with this Agreement. You shall deemed to have accepted any invoice not disputed in accordance with this clause 8.5. Within 7 days following resolution of the invoice dispute either, as the case may be, you shall pay us that part of the disputed sum which is resolved as payable by you or we shall reimburse you any part of the disputed sum already paid by you that it is resolved as not payable by you.
8.5 If you do not pay us any sum due under this Agreement on the due date, without prejudice to our other rights and remedies, we shall be entitled to:
8.5.1 charge you interest on the overdue sum from the due date until payment of the overdue sum, which shall accrue each day at the interest rate payable pursuant to the Late Payments of Commercial Debts (Interest) Act 1998, to run from the due date of payment until receipt by us of the full amount (including any accrued interest) in cleared funds whether before or after judgment in respect of the overdue amount.
8.5.2 invoice you for the reasonable costs incurred by us of collecting any undisputed overdue amount from you.
8.5.3 pass information relating to you (including, where relevant, personal data) on to a credit reference agency.
8.6 All sums payable to us under this Agreement are (i) stated exclusive of VAT, and you shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice; and (ii) must be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8.7 We may set off any liability which you have to us against any liability which we have to you, whether present or future, liquidated or unliquidated, and whether it arises under this Agreement and/or any other contract between you and us or out of any other cause of action.
9. INTELLECTUAL PROPERTY
9.1 Save as set out in this clause 9, nothing in this Agreement or any Order shall affect, grant any licence to, or transfer any IPRs of yours or ours which exist as at the Commencement Date.
9.2 You hereby grant us a non-exclusive licence to use any of your data to the extent necessary for us to fulfil our obligations pursuant to this Agreement.
9.3 Except as is permitted by, or required to be permitted by, law, you shall not copy, modify, adapt, develop, create any derivative work, reverse engineer, decompile, disassemble, sub-license or carry out any act otherwise restricted by copyright or other IPR in the Services, Software or Deliverables without our prior written consent and will not distribute or disclose any Software to any third party. We hereby grant you, or shall procure the grant to you of, a non-exclusive licence to use the Software to the extent necessary for you to use the Services pursuant to this Agreement, subject to the licence terms (if any) accompanying or contained in such software or otherwise notified by us to you, and you shall comply with and act in accordance with those terms. You acknowledge and agree that where any Software is subject to the terms of a third party that your rights in relation to that Software shall be against that third party and that we shall no liability to you arising out of or in connection with that Software or its use by you, whether in contract, tort (including negligence), breach of statutory duty or otherwise howsoever arising.
9.4 Neither we nor you shall use the other party’s IPRs except to the extent necessary and for the sole purpose of fulfilling its obligations and exercising its rights under this Agreement.
9.5 Subject to clause 9.6, we shall indemnify you against any amounts awarded by a court or paid in settlement in relation to a claim by a third party that the use of any Service provided by us pursuant to this Agreement infringes the IPR of any third party provided that you:
9.5.1 promptly notify us of such claim
9.5.2 make no admission in relation to such claim; and
9.5.3 give us sole control of such claim including any proceedings in relation to the same;
9.5.4 allow us to modify or replace the Service to make it non-infringing.
9.6 We shall not be liable under clause 9.5 to the extent that such liability arises out of or in connection with:
9.6.1 your breach of this Agreement or the use of the Services by anyone other than you;
9.6.2 a specific design, feature or modification provided by us at your request;
9.6.3 any failure by you to implement any software releases, updates, patches or fixes as we or our suppliers may require from time to time where the infringement would have been avoided or mitigated by such changes, replacements or new releases;
9.6.4 the combination or use of the Services with any other products, services or items not supplied by us;
9.6.5 the modification of the Services by anyone other than us or on our behalf;
9.6.6 any third party components or elements of the Services.
9.7 If any claim is made or is reasonably likely to be made against you, we may at our sole option and expense procure for you the right to continue using and possessing the relevant Services or modify or replace the infringing part of the Services to avoid the infringement or alleged infringement.
10. DATA PROTECTION
10.1 For the purposes of this clause 10, the terms controller, processor, data subject, personal data, personal data breach and processing shall have the meaning given to them in the UK GDPR.
10.2 We collect and use personal data when you express an interest in one of our services, register, buy or use our services so that we can set you and your users up and provide you and them with our products and Services.
10.3 The personal data we need may include contact details and other information about you and your users that we need in order to enter into a contract with you and to provide you and your users with the Services.
10.4 For further details on how we use personal data, please see our Privacy Policy available on the Website Terms & Conditions | Pozitive Telecom .
10.5 We and you shall comply with all applicable requirements of the Applicable Data Protection Laws.
11. CONFIDENTIALITY AND PUBLICITY
11.1 References in this Agreement to ‘confidential information’ mean information in whatever form belonging or relating to one party which is expressly marked as confidential or where it is clear by necessary implication that it is of a confidential nature. Neither we nor you shall disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other except as permitted by clause 11.2.
11.2 Each party may disclose the other party’s confidential information:
11.2.1 to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 11; and
11.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
11.3 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
12. LIMITATION OF LIABILITY
12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with this Agreement including but not limited to liability in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise.
12.2 Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:
12.2.1 death or personal injury caused by negligence;
12.2.2 fraud or fraudulent misrepresentation; and
12.2.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
12.3 Nothing in this Agreement shall limit your liability to pay all undisputed Charges in accordance with the Agreement, any indemnity given by you under this Agreement or any provision set out in clauses 10 to 12 (inclusive).
12.4 Subject to clause 12.2, our total aggregate liability arising out of or in connection with this Agreement in any Year shall not exceed the amount of any Charges paid or payable in that Year in respect of any relevant Service provided that where such liability relates to any Equipment then our liability shall be limited to the replacement cost of that Equipment.
12.5 Subject to clause 12.2, we shall not be liable for the loss of:
12.5.1 profits (whether actual or anticipated);
12.5.2 revenue
12.5.3 sales or business;
12.5.4 agreements or contracts;
12.5.5 anticipated savings;
12.5.6 operation time;
12.5.7 use or corruption of software, data or information or loss of equipment or any damage to the same;
12.5.8 reputation or damage to goodwill; in each case whether direct or indirect; or
12.5.9 any special, indirect or consequential loss or damage.
12.6 Where we choose to pay any service credits in relation to breach of a service level, such service credits shall be your sole and exclusive right and remedy for any failure by us to comply with such service levels. Any service credits paid or payable shall be taken into account when assessing the liability caps in clause 12.4.
12.7 Except as otherwise stated in this Agreement, all warranties and conditions whether express or implied by statute, common law or otherwise in relation to the provision of the Services are hereby excluded to the fullest extent permitted by law.
12.8 We shall not be in breach of this Agreement to the extent that such breach is due to the compliance by us with any Applicable Law.
12.9 You agree and acknowledge that your rights in relation to the provision of the Services and/or any breach of this Agreement are against us and you shall not take any action or make any claim against any third party in connection with this Agreement. You shall indemnify us against all Losses arising out of any breach of this clause.
13. SUSPENSION
13.1 We may upon giving notice in accordance with clause 13.2 restrict or suspend the provision of any Service (whether in whole or in part) without liability (subject to clause 13.5) if:
13.1.1 necessary for operational reasons such as upgrades to any of the Services or maintenance;
13.1.2 a Service has been affected by a force majeure event;
13.1.3 we or any of our suppliers is required to so do in order to comply with any Applicable Law or any court order, or request, order, direction, determination or consent by or of a governmental or regulatory body;
13.1.4 you are in breach of this Agreement or we are entitled to terminate the Agreement;
13.1.5 you fail to pay any invoice in accordance with clause 8;
13.1.6 any third party supplier restricts suspends or terminates the Service in whole or part.
13.2 Except in the case of clause 13.1.4 (where we may restrict or suspend Services on immediate notice to you), for any other restriction or suspension under clause 13.1, we will use reasonable endeavours to give you as much notice as reasonably practicable of such suspension and will restore the Service as soon as we are reasonably able to do so provided we are satisfied (acting reasonably) that the reason for the suspension has ceased and there is no immediate prospect of it reoccurring.
13.3 You shall continue to pay the Charges for the Services during any period of suspension other than suspension pursuant to 13.1.2.
13.4 Any exercise by us of our rights of suspension in accordance with this Agreement shall not exclude our right subsequently to terminate this Agreement (whether in whole or in respect of specific Services).
13.5 If there is any suspension under clauses 13.1.4 or 13.1.5 or (where such suspension is wholly or partly attributable to you) clause 13.1.6, you shall reimburse us for all costs and expenses incurred by us in the implementation of such suspension and/or the recommencement or the provision of the Services (as applicable).
14. TERMINATION
14.1 Subject to earlier termination of this Agreement in accordance with its terms, this Agreement shall remain in effect during the Minimum Service Period(s) of all relevant Services. Upon expiry of the Minimum Service Period, the Minimum Service Period will not automatically renew but this Agreement for the relevant Service shall continue unless and until terminated by us or you on giving at least 30 days’ notice to the other, such notice to expire at the end of the Minimum Service Period or at any time after that.
14.2 You may terminate this Agreement for some or all Services upon giving to us not less than 30 days’ notice provided that where you terminate this Agreement pursuant to this clause 14.2 during any Minimum Service Period, you must pay us the Charges incurred up to the date of termination and any outstanding or overdue charges and the Early Termination Charges in respect of the relevant Service(s). The Early Termination Charge shall be calculated as follows: 14.2.1 the sum of all outstanding Monthly Charges ordinarily payable until the end of the Minimum Service Period for the relevant Service(s), calculated at a daily rate (but excluding VAT) minus 3%, plus VAT.
14.3 Either we or you may terminate this Agreement in respect of some or all Services with immediate effect by giving written notice to the other party if:
14.3.1 the other party commits a material breach of any other term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
14.3.2 the other party takes or has taken against it (other than in relation to a solvent restructuring) any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this clause 14.3.
14.3.3 the other party ceases or threatens to cease to trade.
13.4 14.4 We may terminate this Agreement in respect of some or all Services with immediate effect by giving written notice to you if:
14.4.1 you fail to pay any amount due under this Agreement on the due date for payment and remain in default not less than 7 days after being notified in writing to make such payment;
14.4.2 you have committed fraud in relation to this Agreement, or we reasonably consider that an act, omission or default by you will result in (or has resulted in) a failure by you or us to comply with any Applicable Laws or constitutes fraud or other unlawful activity, or may place us in breach of any agreement with any third party supplier;
14.4.4 you or your respective officers or employees are prosecuted for a criminal offence relating to the Services or any similar services;
14.4.5 any third party supplier terminates the provision of any of the Services (in whole or part); or
14.4.6 any consent, licence or authorisation held by you is revoked or modified such that you are no longer able to comply with your obligations under the Agreement or receive any benefit to which you are entitled.
15. OBLIGATIONS ON TERMINATION AND SURVIVAL
15.1 On termination or expiry of this Agreement you shall:
15.1.1 immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of the Services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt;
15.1.2 pay to us, within 7 days of the effective date of termination any Early Termination Charge for which you are liable; and
15.1.3 cease use of and (if and to the extent required by us), subject to compliance with Applicable Laws, destroy or deliver up to us (at our option) all documentation containing our confidential information and erase from any computer under your control any documents or files containing or reflecting our confidential information in a manner that makes the erased data irrecoverable.Where the Agreement is terminated in respect of only some (and not all) Services, this clause 15.1 shall apply to the relevant extent and not in respect of any Services that are to continue.
15.2 Except where you terminate this Agreement pursuant to clauses 7.1 and/or 14.3, you will forfeit any Charges paid to us in advance in relation to any Services.
15.3 On termination or expiry of this Agreement, the following clauses shall continue in force: clause 8, 9, 10, 11 12, 15 , 17, 18, 20 and 21 and any provision containing an indemnity together with any other provisions of the Agreement which are impliedly or expressly stated to survive termination or expiry.
15.4 Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
16. ANTI-BRIBERY AND MODERN SLAVERY
16.1 Each party shall, and shall procure that its staff, employees, agents and any other persons who perform its obligations under the Agreement (or otherwise carries out activities in relation to it) for and on behalf of it in connection with the Agreement shall in relation to its activities pursuant to this Agreement comply with all Applicable Law which relates to the anti-bribery and/or anti-corruption, including the Bribery Act 2010 and the Modern Slavery Act 2015.
17. OTHER CONDITIONS
17.1 Notice: All notices or other communications to be given by either party in relation to this Agreement with us must be: (i) in writing and addressed and sent to the recipient’s registered address or (ii) by email. All notices or other communications sent will be deemed to have been received (i) when delivered, where delivered by hand or courier; (ii) on the third day following the date of posting, where done by prepaid first class post; (iii) when sent from the recipient’s email server if sent within normal business hours, where by email, otherwise at 9:00am hours on the next Business Day.
17.2 Assignability: We may assign or transfer all or any of our rights (including the right to demand that you pay any charges owed) and legal responsibilities under this Agreement without your permission. You shall be notified of such a change and will be deemed to have consented to such a transfer from the time of notification. We can also subcontract any of our obligations under this Agreement without your permission.
17.3 Transfer: Your rights and responsibilities under this Agreement are personal to the business and you are not entitled to transfer any part of the obligations or rights arising under this Agreement with us to any third party without our prior written permission.
17.4 Variation: Subject to any express provisions in this Agreement, no variation of this Agreement shall be effective unless it is in writing and signed by both us and you (or either party’s authorised representatives).
17.5 Severability: If a provision of your Agreement with us is declared invalid, illegal, or otherwise unenforceable, that provision shall be deemed severed and omitted from this Agreement and the remaining provisions of this Agreement shall continue to be in force and apply to the parties.
17.6 Force Majeure: If either party is unable to perform any of the obligations under this Agreement (other than payment obligations as per clause 8, because of some unforeseeable event or circumstance beyond the performing party’s reasonable control, then this Agreement will remain in full effect but the performing party will have no liability for such failure to perform. The affected party shall notify the other party of the force majeure event as soon as reasonably practicable. The affected party shall use all reasonable endeavours to mitigate the effect of the force majeure event on the performance of its obligations.
17.7 Waiver: Any delay or omission by us in asserting any right or remedy under this Agreement with us shall not be construed as a waiver of such right or remedy nor shall a partial assertion preclude an assertion of the same at a later date. A waiver of any right or remedy is only effective if it is given in writing and shall not be deemed a waiver of any subsequent right or remedy.
17.8 Third Party Rights: Unless it expressly states otherwise, no provision of this Agreement shall be enforceable by a third party, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.9 Entire Agreement: The terms and conditions of this Agreement along with the pricing information, the Contract and its annexes or schedules, and any other documents referred to in these terms and conditions constitutes the entire agreement between you and us. You hereby acknowledge that you have not relied on any representation, statement, promise, assurance, or guarantee outside this Agreement.
18. GOVERNING LAW: THIS AGREEMENT IS INTERPRETED AND GOVERNED BY ENGLISH LAW AND ANY DISPUTES ARISING UNDER IT SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND AND WALES. COMPLAINTS
18.1 If you have any issues with the Services, including coverage or speed, you should contact us. Our Customer Complaints Policy available on the Website Terms & Conditions | Pozitive Telecom sets out how you can contact us and how we’ll deal with any complaint or dispute. You may be able to refer an issue to an alternative dispute resolution service to get an independent opinion. Our Customer Complaints Policy provides further information about this.
Pozitive Energy is a trading name of Pozitive Energy Ltd, but the Services are provided by Pozitive Telecom Ltd and the contract for these Services is between you and Pozitive Telecom Ltd.
1 General
1.1 These Service Terms form part of the Agreement and apply to the provision of Mobile Services by us to you. They apply in addition (and not instead of) the other documents that comprise the Agreement.
1.2 In addition to the definitions set out in the Terms and Conditions, the following definitions shall apply in these Service Terms: Fraud: any fraudulent, corrupt, illegal or other unauthorised use (whether actual or attempted) of any Mobile Services, the Mobile Network, SIM Cards, vouchers, recharge codes, product or any Mobile Equipment in connection with the Mobile Services at any time and by any person. Liability: any liability whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise. MNO: our supplier who is the provider of the mobile network through which, or in relation to which, the Mobile Services are provided. MNO Rights: the rights and protections afforded to the MNO under clause 3.4 of these Service Terms. Mobile Equipment: electronic communications equipment, (including handsets) belonging to (or used by) you which are used, when installed with a SIM Card, to access the Mobile Network and use the Mobile Services. Mobile Network(s): the mobile electronic communications network(s) which is provided by the MNO and used in connection with the Mobile Services. Mobile Services: the mobile services (including the provision of SIM Cards) provided by us referred to on the Order, the Contract Information and the Contract Summary, and as set out in more detail on the website. Non-UK Network: any telecommunication system which is outside the UK and which is used in connection with the Services. Regulatory Condition(s): any regulation, condition, direction, decision, notification, guideline, code of practice or order made by any relevant regulatory body (including any enforcement action, direction or fine made or levied by any regulatory body), whether or not expressed to be legally binding, and any voluntary codes applied by any industry body or association, governing or affecting the activities of a party or of the MNO. SIM Card: a subscriber identity module which allows access to the Mobile Network and use of the Services when installed and used in Mobile Equipment.
2 Mobile Services
2.1 General
2.2 Phone number and SIM Cards
2.1.1 We shall provide you with the Mobile Services in accordance with these Service Terms. Mobile Services will be provided within the coverage area of the MNO in the UK (described in paragraph 2.1.3 below) and when roaming outside of the UK on to relevant Non-UK Networks.
2.1.2 We do not provide any guarantee that the Mobile Services will be continuously available or fault- free, any minimum levels of service or that issues may not occur from time to time.
2.1.3 You acknowledge that mobile speeds and coverage may be affected by a number of factors including buildings, environmental issues such as terrain and weather conditions and the number of people using the network at any time. Coverage and reception quality will also vary depending upon your Mobile Equipment. In some cases there may be no coverage in a particular area. See https://coverage.ee.co.uk/coverage/ee to see the coverage in your area.
2.1.4 If you are taking a SIM only plan from us then to access 4G or 5G you’ll need compatible Mobile Equipment.
2.1.5 If your speed is regularly slower than expected you should contact us. Our Customer Complaints Policy available at Terms & Conditions | Pozitive Telecom sets out how you can contact us and how we’ll deal with any complaint or dispute.
2.1.6 Where the Mobile Services involve the use of a Non-UK Network, you acknowledge and agree that such network may be limited in terms of quality, coverage, access and availability and that we are not responsible for the performance of such network. You must comply with any applicable terms of access which relate to such Non-UK Network. You may incur additional charges when roaming — please see paragraph 2.5.2 below for more details.
2.2 Phone number and SIM Cards
2.2.1 You shall ensure that each SIM Card is only used in Mobile Equipment which is (i) enabled for Mobile Services and (ii) is authorised by us for connection to the Mobile Network. You acknowledge that if you attempt to use the SIM Card in any other Mobile Equipment this may result in damage to that equipment and your use of the same may be prevented or restricted and that we shall have no Liability in relation to any such use or attempted use.
2.2.2 You shall ensure that each SIM Card is only used with your authorisation and you must inform us as soon as possible if you become aware that a SIM Card has been lost, stolen or damaged.
2.2.3 We shall be entitled to reallocate or change any numbers which have been allocated to you where this is necessary for legal or regulatory reasons.
2.2.4 Where you take a SIM only package from us which will be used on any of your existing Mobile Equipment, you are responsible for unlocking such Mobile Equipment and for any costs related to the same.
2.2.5 The MNO retains all rights (including ownership) in all SIM Cards provided to you in connection with the provision of the Mobile Services. You shall not grant, or attempt to grant, to any other party any right or interest which is inconsistent with the MNO’s ownership of, or of the rights in, such SIM Cards and you shall be entitled to use the SIM Cards (including any Software they contain) provided for use with the Mobile Services only.
2.2.6 The code on the SIM Card remains the property of the MNO. Should you try to interrogate a SIM Card or reverse engineer the code, we and/or the MNO reserve the right to disconnect you immediately. If you attempt to interrogate a SIM Card or reverse engineer the code, this shall be deemed a material irremediable breach of the Agreement by you and we shall be entitled to terminate the Agreement immediately pursuant to clause 15.3 of the Terms and Conditions.
2.2.7 We and/or the MNO and reserve the right to swap-out any SIM Cards should the integrity of any such SIM Cards be compromised.
2.3 Support We shall supply the technical support detailed on the Website. You shall comply with the conditions and procedures of use of that technical support as detailed on the Website or as set out in the Agreement. We reserve the right to invoice you the reasonable costs for any support we agree to provide which is not included in such technical support and/or results in significant additional costs for us.
2.4 Delivery of Services and Mobile Equipment
2.4.1 Once you have placed your Order and it has been accepted by us in accordance with the Terms and Conditions, will keep you updated as to the Service Commencement Date for your Service.
2.4.2 Where you order an item of Mobile Equipment from us then a SIM Card will be provided and both the SIM Card and the Mobile Equipment (or the SIM Card if you order a SIM only package) will be delivered within 2 to 5 Business Days of the Commencement Date.
2.5 Pricing
2.5.1 For information on usage outside your plan, please see our price plan available at Terms & Conditions | Pozitive Telecom and your Contract Information and Contract Summary. You should also see our separate policy on calling non-geographic numbers at Terms & Conditions | Pozitive Telecom .
2.5.2 Details of countries where you can roam using your Mobile Service are set out at Terms & Conditions | Pozitive Telecom . There is a worldwide data roaming limit of £45 applied to each Mobile Service package. More information in relation to this can be found on our price list see Terms & Conditions | Pozitive Telecom . You can choose to opt out of this £45 limitation by buying an international roaming bolt on from us. If you do this, you will be opted out of any automatic barring (including any EU regulatory barring) and you shall pay for all roaming usage which is outside of any allowance for such usage which is provided by your Mobile Service package. When roaming abroad, you will be responsible for all Charges associated with use of your Mobile Service that are outside of your inclusive allowance or bolt-on (as the case may be).
2.5.3 We will only increase the prices to call non-UK destinations from the UK and for roaming calls (calls made from a mobile while the user is in another country) by any increase in the costs we are charged by our third party providers. The rate you will be charged will always be the rate shown on the Website on the day you make the call, which may increase from time to time. For example, this means that if your price to call a landline in the United States of America was 50 pence per minute yesterday and our cost of supply increases by 5 pence per minute, the new price on the website will be 55 pence per minute, which is the cost you will pay for a call today. For any change made in accordance with this clause 8.3, clause 7.1 will not apply.
2.5.4 Your monthly charges (including the monthly price plan, and any add-ons and/or out of bundle charges) will increase on 1 April every year by an amount up to the Consumer Prices Index (CPI) rate in December of the prior year plus 3.9%. If the CPI is negative in the relevant year, your monthly charges will only increase by 3.9%. In each case any increase will be rounded up to the nearest whole pence. An example of how this will work is set out below on the basis that your monthly charge is £40 and CPI in December 2023 will be 5% and in December 2024 it will be 5%.
2.6 Switching
2.6.1 You can decide whether to retain your old mobile number or leave it with your previous supplier. Please see our support page Terms & Conditions | Pozitive Telecom for details on how to switch your services so you can use your existing number with our Mobile Service.
2.6.2 If you decide to switch then this will take place on the next available Business Day from the date the request is completed or you can choose any Business Day within the following 30 days.
2.6.3 You must be connected to a UK mobile network in order to switch and there may be a period of time during the switching process when you are not able to make or receive calls or text messages from that mobile number.
2.7 Security
2.7.1 In order to safeguard the security of customers we may need to change the Mobile Services and/or the terms and conditions that apply to it to upgrade the Mobile Service, for example, to fix bugs or manage security risks.
2.7.2 We may also need to take other action to implement changes in Applicable Law or Regulatory Conditions and/or in response to security incidents or vulnerabilities.
2.8 Third party content, goods and services
2.8.1 We are not responsible and shall have no Liability for any third party content, goods or services that you access, download, transmit, acquire or use as a result of the use of the Mobile Services.
2.9 Accessibility of Emergency Services
2.9.1 Where you are using a Wi-Fi calling service to call 999 in the UK then you should be aware that a call may be interrupted or end if you have a power cut or your internet connection fails. You should ensure that you have an alternative mobile or a fixed network connection to use in those circumstances, bearing in mind any constraints on mobile reception where you are – see above.
2.9.2 You should ensure that your account details are up to date including the address of the business premises where you plan to use any Wi-Fi calling service. You should be aware that you may still be asked to provide your location when making an emergency call.
2.9.3 If you would rather contact the UK Emergency Services by SMS, you will be able to do so and your message will be directed to the service that you need, provided that you register your phone number by texting “Register” to 999 before trying to use the service and receive a text confirming that you have successfully registered.
3 Third Party Rights
3.1 The MNO may rely upon and enforce against you any MNO Rights, as detailed in this clause 3. The MNO Rights may only be enforced subject to and in accordance with the provisions of the Contract (Rights of Third Parties) Act 1999 (“1999 Act”) and all other relevant terms of this Agreement. In enforcing any of the MNO Rights, the MNO shall not be subject to any dispute resolution requirement of this Agreement. Notwithstanding any other provision of this Agreement, we and you may not rescind or vary any of the MNO Rights so as to extinguish or alter the MNO’s rights of enforcement without the MNO’s prior written consent and accordingly sections 2(1) (a) to (c) of the 1999 Act shall not apply with respect to the MNO’s rights of enforcement.
3.2 Where, in reliance on section 1 of the 1999 Act, proceedings for enforcement of a term of this Agreement are brought by the MNO, you shall not have available to you, by way of defence, set-off or counter claim, those matters specified in sections 3(2) and (4) of the 1999 Act.
3.3 You acknowledge and agree that, in view of the potential consequences for the MNO and us of any breach by you of the MNO Rights, damages alone would not be an adequate remedy for such breach. Accordingly, the MNO and we shall be entitled, without proof of special damages, to seek the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of such terms, in addition to any damages or other remedy to which it may be entitled.
3.4 You shall in your use of the Services:
3.4.1 comply with the MNO’s acceptable use policy as notified from time to time;
3.4.2 comply with all Regulatory Conditions and other authorisations, laws, licenses, conditions, directions, codes or regulations relevant to the provision or use of the Services, as amended and from time to time in force; and
3.4.3 not knowingly do, and to use all reasonable endeavours to prevent the doing of, anything likely to impair, interfere with or damage or cause harm or distress to any persons, the Mobile Network, the operation of the MNO services and/or the operation of any Mobile Services.
3.5 You shall:
3.5.1 not connect any equipment other than Mobile Equipment which is compliant with all Regulatory Conditions;
3.5.2 not use SIM boxes for access of voice traffic to the Services or otherwise duplicating or allowing the duplication of SIM Cards or functionalities of SIM Cards or be involved in any similar activity and/or Fraud, without the explicit prior written approval of us and the MNO. Any breach of this clause shall be deemed a material irremediable breach of this Agreement by you and we shall be entitled to terminate the Agreement immediately pursuant to clause 15.3 of the Terms and Conditions.
4 LAWFUL INTERCEPTION
4.1 You shall support us, the MNO and our other relevant suppliers in fulfilling their legal obligations regarding the lawful interception activities in relation to your traffic associated with the Mobile Services and acknowledge that we, the MNO and our other relevant suppliers are obliged to respond to lawful requests for the disclosure of communications data and that such disclosure shall not constitute a breach of this Agreement.
5 QUALITY OF SERVICE
5.1 We shall not be responsible for any disruption to the Mobile Services, either expected or unexpected, caused by a third party, a Force Majeure Event, a climatic or electromagnetic disaster, any planned or unplanned maintenance of the Mobile Network, any operation to extend or modify the Mobile Network and/or any reason which is not attributable to us.
5.2 We, the MNO and/or our other relevant suppliers shall be permitted to (i) immediately suspend and/or deactivate your account; and (ii) to change the status of your account directly or require you to change the status of its account (including suspending and/or deactivating), immediately in the following circumstances:
5.2.1 Lost or stolen SIM or Mobile Equipment: where we believe your Mobile Equipment or SIM Card has been lost or stolen;
5.2.2 SIM Card abuse: where the integrity of the SIM Card is under threat;
5.2.3 SIM cards or Mobile Equipment causing network issues: where any of your SIM Cards or Mobile Equipment is interfering with the Mobile Network and/or the Mobile Services. The exercise of such right will be in accordance with the MNO’s policy in respect of its own customers;
5.2.4 SIM Card Gateway or SIM box abuse: when you are deemed to be using SIM Card gateways or SIM boxes;
5.2.5 Data Abuse: where the MNO or the Mobile Network detects denial of service or other forms of data abuse from your Mobile Equipment;
5.2.6 Network Fraud: where we or the MNO suspect you of Fraud, or Fraud arising from use of your Mobile Equipment;
5.2.7 Regulatory Suspension: where the emergency services or other government authority or regulator of competent jurisdiction requires that you are suspended; and/or
5.2.8 IP Address Abuse: where we or the MNO suspect IP abuse is occurring by you or through your Mobile Equipment.

Charges

Out-of-plan charges – these are the charges when you’ve exceeded your monthly plan allowance when using the service in the UK or in Roam Like at Home destinations

If you:

It’ll cost:

Make calls to standard UK landlines (01, 02, 03 numbers) when in the UK

40 ppm (1)

Make calls to standard UK landlines (01, 02, 03 numbers) and standard Roam Like at Home destination landlines when in a Roam like at Home Band 1 destination

18.9 ppm (1)

Make calls to standard UK landlines (01, 02, 03 numbers) and standard Roam Like at Home destination landlines when in a Roam like at Home Band 9 destination

15.8 ppm (1)

Make calls to UK mobiles or 070 personal numbering services when in the UK

40 ppm (1)

Make calls to UK mobiles or Roam Like at Home mobiles or 070 personal numbering services when in a Roam Like at Home Band 1 destination

18.9 ppm (1)

Make calls to UK mobiles or Roam Like at Home mobiles or 070 personal numbering services when in a Roam Like at Home Band 9 destination

15.8 ppm (1)

Send standard texts to UK mobiles

£0.15 per text (2)

Send standard texts to UK mobiles and Roam Like at Home mobiles when in a Roam Like at Home Band 1 destination

£0.06 per text (2)

Use data when in the UK or in a Roam Like at Home Band 1 destination

10p per MB (3)

Use data when in a Roam Like at Home Band 9 destination

8.3p per MB (3)  (not subject to VAT)

Send standard texts to UK mobiles and Roam Like at Home mobiles when in a Roam Like at Home Band 9 destination

£0.05 per UK text (2)

Check your voicemail when in the UK or in a Roam Like at Home Band 1 destination

40 ppm (1)

Check your voicemail when in a Roam Like at Home Band 9 destination

33 ppm (1)

Additional charges – these are the charges for services that aren’t included in your plan

If you:

It’ll cost:

Use a call forwarding service – can only be used in the UK

40 ppm (1) (4) 

Send a media message (including picture messages) when in the UK or in a Roam Like at Home Band 1 destination

£0.40 per message (2)

Send a media message (including picture messages) when in a Roam Like at Home Band 9 destination

£0.33 per message (2) (not subject to VAT)

Send a text message to UK landlines – can only be used in the UK

£0.15 per UK text (2)

Make calls to service numbers beginning with 084, 087, 09 and 118 – can only be used in the UK

19 ppm access charge, plus a service charge set by the organisation you called (6)

Make calls to non-Geographic numbers starting 0500 – can only be used in the UK

20 ppm (1)

Use a radio-paging service starting 076 – can only be used in the UK

51.1 ppm (1)

Where your use of the service exceeds the limits we set out in our Mobile Fair Usage Policy (which we call ‘unfair use’), we may apply a surcharge to each service you continue to use unfairly. The surcharges for each service are set out below. For more details, see our Mobile Fair Usage Policy

Service

Surcharge

Calls – outbound

3.2p per minute

Calls – inbound

0.8p per minute

Texts

1p per text

Data

0.36p per MB

 
For details on Roam Like at Home Band 1 and Band 9 destinations, see Roaming and international calls page.

  • (1) Pence per minute. We’ll charge you a minimum of one minute, then for each minute you use after that.
  • (2) Price per message. Standard texts have a 160 character limit.
  • (3) Keep going over your data allowance? Why not choose a plan with more data, or buy a data bolt-on by giving us a call?
  • (4) Call forwarding services aren’t included in your minutes because we don’t count them as a standard UK landline call. 
  • (5) We charge for calls either per minute (and billed by the second) or per call as advised by the service provider.


Late payments

If you miss a payment, you might need to pay a £10 late payment charge.



Everything you need to know about switching

It’s really easy to move from your current network to Pozitive. There are just a few simple steps to take so we can get you up and running.

If you’ve chosen to keep your number, we’ll always try to get it transferred across to your new phone or SIM as quickly as possible. Sometimes, though, it can take up to 5 days – this is the same for all networks.

Just so you know, if you request a number transfer after 6pm on Friday, or over the weekend or on a bank holiday, the text to confirm your transfer date won’t come through until the next working day.

Keep my number

Get your PAC: Before you switch, text PAC to 65075 for free from your old phone. You’ll get your PAC code within 60 seconds, and it’ll be valid for 30 days.

Port your number: Once you’ve chosen your new phone or SIM, the easiest way to keep your number is to text PORT to 23424 for free from your new SIM, when it arrives.

Get a new number

Get your STAC: Before you switch, text STAC to 75075 for free from your old phone. You’ll get your STAC code within 60 seconds, and it’ll be valid for 30 days.

Move your connection: Give us your STAC code when you join to move your connection.

Roaming charges vary depending on where in the world you are and where you are calling. We break the calls down into nine zones so you see how much a call will cost from each zone to another.

Charges for roaming in the EU

Outside the UK or EU

If you are outside the UK or the EU you will be charged for all you call minutes, texts and data. Please the see [link] which details all the respective call charges you pay when making or receiving calls when outside of the UK and the EU. This will include sending texts message[2] and receiving calls.

Calls made using Teams, WhatsApp, Skype or other over the top data services will be charged [ taken from ] from your data allowance whether in the UK or roaming. Due to the way you charged outside of the UK or EU we strongly recommend, where possible, you connect to a local WiFi service for all your data services.

Any roaming charges you have incurred will be shown on your next monthly bill.

Other information

What happens if I have a Spend Cap?

If you have a spend cap in place to help control your bills you may need to check it and increase the cap when travelling abroad. Roaming charges count towards your spend cap, so if you reach your limit, we will automatically block usage to prevent unwanted charges. To check your usage please go to [ my account at [link]] and check your daily usage.

Regardless of any cap’s which may be in place we will send you an alert as you reach £50 spend to help you stay aware of your spend.

All calls

If any individual call lasts more than 120 minutes we will automatically cut you off. This applies to all calls whether you are roaming or not.

[1] Calls made using Teams, WhatsApp, Skype or other over the top data services will be charged from your data allowance whether in the UK or roaming.

[2] You will be charged for all text messages. If your text message is over 160 characters you will be charged for a further text message each time you are over the 160 characters.

As a regulated provider of mobile services Pozitive has an obligation to abide by the rules of The Communications Regulator Ofcom, specifically General Condition C8. Rule C8 was introduced to ensure mobile retailers offer services correctly, do not mis-sell mobile service nor create complaints about any sales.

How we should behave.
We must have processes and training in place to ensure our staff are aware of this rule and comply with its obligations. Any information we give you must be accurate and not misleading.

Where you speak with our sales staff, they must provide you with accurate information and they will also ask you whether you want information they give you over the phone sent to you by email as well. They must not be aggressive, dishonest, mislead or deceive you, or act inappropriately when discussing your requirements.

We will ensure that the services we sell to you are available for you to receive.

Where a sales incentive (cashback, a free gift etc) is offered during a sales call, we will send you a copy of the details of that incentive in good time after the call has finished.

Where your contract includes a mobile handset

Before we can agree the purchase with you, we must check your authority to enter into the purchase and that you want to commit to a contract. We will provide you with the Contract Information and Contract Summary before you agree to buy. This means giving you the details about the handset you’re buying, how long the contract will be, what your monthly charge will be, what’s included in your monthly charge and what will happen if you decide to cancel your contract. These documents will include our details as the provider and any sales incentive (cashback, free gift etc).

Where a sales incentive is included in your contract but is not immediately available to you, we will make it clear what it is you must do, if anything, to receive the benefits of that incentive and the name and contact details of the legal entity providing those benefits. We must keep a record of your sale for at least six months. The record will include the date of the sale, the place the sale was made or whether the sale was made online, by email or on the phone and details of any sales incentive included.

If there was a sales incentive that came with your purchase and the redemption period for the free gift is longer than six months, we must keep a record of this along with the record of your sale for the duration of the redemption period plus a further 90 days.

The record of the sale will enable us to show that you agreed to take out the contract as well as the details of the date and the type of contract you agreed to.

More Information

If you would like a copy of General Condition C8 you can download it [insert link] or we can send you a copy free of charge. Just call us [ number ] and we’ll be happy to send it to you.

We constantly monitor our sales activities and complaints to ensure we are complying with these rules and providing you with the best service possible.

At any time you can request information in a form which is more accessible for you, please see our Vulnerable Policy [insert link] for details or ask the sales team for further information.

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