Mobile Terms of Use Policy UK

End-User Service Agreement  

1. United Kingdom 

a. In Section 2, the term “Spacetalk” means Spacetalk UK Ltd, Mobile Support, C/O Bkl Llp, 35 Ballards Lane, London, United Kingdom, N3 1XW 

b. The following provision shall replace Section 3(b) "Changes to Services:" 

Changes to Services. Spacetalk reserves the right to modify or update this Agreement, its Services, available Service Plans, or any part thereof, at any time and in its sole discretion but in any event will provide thirty (30) days advance notice. The current version of this Agreement is noted above. When we revise this Agreement, we will change the “Last Updated” date at the top of this page accordingly. Modified and/or updated versions of this Agreement will be effective upon posting. Using Services after the changes become effective means you agree to the new terms. You should visit this page often to see if there have been any changes to this Agreement. 

Notwithstanding anything else in this Agreement, if Spacetalk makes a change to this Agreement, including the Charges applicable to your Services, which is not to your exclusive benefit, is not of a purely administrative nature with no negative effect on you, or is not directly imposed by law, you may terminate your Service Plan within thirty (30) days from being notified of the change by managing your account preferences in your End User Account. Unless you agree otherwise, termination will take effect from the day before the proposed modification comes into effect, or as soon as reasonably possible after the date. You will be required to pay the Charges for the period ending on the day of termination. 

Spacetalk reserves the right to modify or cancel our Services or your End User Account or take other corrective action at any time and for any reason, including, but not limited to, your breach of this Agreement. 

c. The following shall replace Section 3(m)(iii) “Number Porting:” 

Number Porting. In the event you are transferring an existing Mobile Number to your Services with Spacetalk, you hereby authorize Spacetalk to process your order for Spacetalk’s Services and to notify your existing provider of your decision to switch your services to Spacetalk’s Service, and you represent that you are authorized to take this action. Notwithstanding the foregoing, if you are porting a Mobile Number to Spacetalk, it is your responsibility to make certain that all information forwarded from the port-out carrier is accurate and complete. Not all Mobile Numbers are eligible for porting to Spacetalk’s Service. If you choose to port your Mobile Number for the Spacetalk Services to another carrier, your Service will be terminated and deactivated immediately automatically on the Mobile Number being successfully ported, and you will be charged for your Service up to the date of termination. 

d. In respect of Section 4(a) "Limitation, suspension & Termination of Services", for the avoidance of doubt, you may be entitled to a refund on termination where you choose to exercise your right to terminate pursuant to section 3(b). 

Additionally, you have the right to cancel your Agreement within fourteen (14) days from the Agreement start date (the “Cooling-Off Period”) without giving any reason. This cancellation period will expire fourteen (14) days from the Agreement start date. 

e. In respect of Section 4(b) "Limitation, suspension & Termination of Services", for the avoidance of doubt, any change to your Service, Service Plan or Agreement under section 4(b)(f) shall be subject to your rights in section 3(b) "Changes to Services." 

f. In respect of Section 5(f) "Subscription Auto-Renewal Disclosure:" 

i. Notwithstanding anything in section 5(f), where your subscription automatically renews, you shall have the right to terminate the Service on providing thirty (30) days notice from the date of automatic renewal. You will be billed for the Service provided during the notice period. 

ii. Where you cancel before the end of the subscription term set forth in your Service Plan, and where termination is pursuant to your rights under section 3(b), any charges payable on termination will be calculated pursuant to section 3(b). 

g. In respect of section 5(g) "No Refunds", where you choose to switch providers from Spacetalk to a third party provider and you are receiving a prepaid service, you will receive a refund of any remaining credit in relation to prepaid services as at the date of termination of your Service with Spacetalk. This refund will have switching fees deducted. 

Additionally, where you cancel your Agreement pursuant to the Cooling-Off Period, you are entitled to a refund of all payments received from you. Where we have started to provide the Services to you before the date you cancel, you must pay for any Service you have already received. 

h. In respect of section 5(i)(iii) "Other Fees", no charge will apply for any calls made in the UK to emergency services to 112 and 999 numbers. 

i. In respect of section 10 "No warranties", the words "or non-infringement" shall be deleted. Any exclusion or disclaimer of warranties under section 10 shall be to the maximum extent permitted by the laws of England and Wales. 

j. In respect of section 6(j) "Disputed Charges" and 11 "Limitation of liability", any timeframes applicable for the bringing of claims is subject to your rights under our Code of Complaints and your right to bring an unresolved complaint to the ADR scheme we work with. 

k. In respect of section 8 "Privacy; CPNI", you have a right to determine if your details are included in directory listings. If you do not want your details included, please contact us. 

l. The following provision(s) shall replace Section 13 “Dispute Resolution” (a) through (c): 

Governing Law; Jurisdiction. This Agreement and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the laws of England and Wales, including its statute of limitations, exclusive of its rules governing choice of law and conflict of laws. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The Parties irrevocably agree that the courts of England located in London shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with this Agreement and agree to submit to the jurisdiction of such courts. 

Notwithstanding the foregoing, End Users may alternatively pursue a complaint with Spacetalk subject to the terms of the Code of Complaints (see link below for details). 

m. The following additional disclosures and policies are required in your jurisdiction and shall also apply to your use of our Services: 

i. Contract Summary - Your contract summary was provided to you in your Service Plan details upon checkout. You may review your contract summary by logging into your service account. Your contract summary forms part of your Agreement with Spacetalk. 

ii. Code of Complaints - Please see Spacetalk’s Code of Complaints for additional terms applicable to your use of the Services.