Mobile Terms and Conditions
These Terms and Condi.ons of Business are between Trinity Business Group (from now on
referred to as “TBG”) and
you (from now on referred to as ‘the customer’) and are deemed to be accepted by virtue of
a signed purchase order and/or
Customer Agreement Form for the purchase of mobile phones from TBG
1. Warranties
1.1 Handset refers to any new mobile phone. All handsets will arrive boxed and contain a
battery charger. In most cases
The SIM card (if applicable) will be provided in a separate envelope.
1.2 The customer acknowledges that TBG is not the manufacturer of the equipment and is
not bound by the
manufacturer’s warranty. TBG gives no warranty. This does not affect the customer’s
statutory rights.
1.3 If a fault is alleged and the equipment is returned to the offices of TBG within 14 days of
receipt by the customer then
TBG may at its discre.on
1.3.1 Repair the equipment;
1.3.2 Replace the equipment;
1.3.3 Subs.tute the equipment or credit the customer for the equipment. The original
equipment must not
however:
1.3.3.1 Have been altered in any way;
1.3.3.2 Been improperly stored or connected to a network service;
1.3.3.4 Have any physical marks or scratches;
1.3.3.5 Have damaged packaging.
1.4 All new handsets supplied by TBG will be supplied with a full 12 month manufacturer’s
warranty and in some cases
24 months; the customer should check the warranty booklet provided by the manufacturer
for confirma.on of warranty
length and the terms of the warranty.
1.5 A temporary replacement may be supplied to business customers at the discre.on of
TBG. These handsets will be in
good working order and TBG requires the handsets to be returned promptly and again in
good working order when
original or permanent replacement handsets are returned or issued to the customer. Any
temporary replacement handsets
returned damaged will result in repair or replacement costs being charged to the customer.
1.6 Failure to return a loan handset when a new/repaired handset has been returned to the
customer will result in an
administra.on charge of £50 per handset in addi.on to the cost of the unreturned handset.
2. Dispatch
2.1 Whenever possible TBG will endeavour to send all hardware and sim cards 48 hours
prior to connec.on to the agreed
business address.
2.2 Upon delivery, all items will require a signature confirming receipt of the goods in the
correct condi.on. If any goods do
not arrive in the correct condi.on, TBG must be informed on the same day. Any
undeliverable goods will be returned to
the trading offices of TBG no less than 7 working days a`er the first delivery aIempt, unless
otherwise agreed by the
customer and/or carrier.
2.3 Once no.fied of delivery by our couriers TBG accepts no responsibility for loss or
damage to goods.
3. Accessories /Handsets
3.1 All agreed accessories will be included with new handsets wherever possible. Any
accessories that are not available
immediately will be sent within 28 days unless agreed otherwise.
3.2 Charges for accessories/handsets may be applicable. Payments due will be seIled in full
in advance of hardware
dispatch and will be invoiced by TBG.
3.3 Once accessories/handsets have been ordered they cannot be exchanged, subject to the
customer’s statutory rights
3.4 If purchased, all accessories/handsets will remain the property of TBG un.l payment is
received in full.
4. New Connec%ons /Upgrades
4.1 TBG is not a network/service provider. To order a new connec.on or upgrades, the
customer must enter into an
agreement with the relevant network/service provider and agree to be bound by the
network terms and condi.ons for the
minimum contractual period.
5. Subsidies
5.1 Subject to the remaining provisions of clause 5, TBG may, ac.ng at its sole discre.on,
agree to provide the customer
with a subsidy as a result of the customer entering into the air.me agreement with the
air.me provider.
5.2 In the event that TBG does provide the customer with a subsidy this may be provided to
the customer at the sole
discre.on of TBG, using any of the following methods set out below or any combina.on
thereof:
5.2.1 deduc.ng this from the cost of the equipment or the services which the customer
orders from TBG; or
5.2.2 by payment represen.ng the amount of the subsidy to the customer a`er the expiry of
3 months from the
connec.on date where the applicable minimum term is 24 months;
5.2.3 using such amount to discharge or par.ally discharge on the customer’s behalf any
termina.on charges
levied upon the customer by the relevant network/service provider for termina.ng their
previous air.me
agreement, subject to TBG being provided with a copy of the relevant invoice from such
network/air.me
provider.
5.3 Any subsidy agreed to be paid by TBG will be paid within 30 days from the date that the
customer presents an invoice
to TBG (no invoice shall be necessary where the subsidy is being deducted from the price of
the equipment/services),
subject to:5.3.1 the connec.on con.nuing to be ac.ve on the date that the subsidy is due;
5.3.2 any agreement for the invoice to be paid in instalments;
5.3.3 Where the subsidy is for the termina.on charges pursuant to clause 5.2.3, the
network/service provider’s
invoice being provided to TBG within 3 months from the date of termina.on of the air.me
agreement;
5.3.4 where the invoice is for the payment of monies pursuant to clause 5.2.2, the customer
invoicing TBG
within 3 months of the connec.on date and subject to clause 5.2.2.
5.4 In the event that the customer fails to invoice/claim the subsidy within the .mescales set
out above then the
customer’s right to the subsidy shall cease.
5.5 The customer acknowledges that the payment of the subsidy is condi.onal upon:
5.5.1. the customer maintaining each connec.on for the minimum term; and
5.5.2 the customer not downward migra.ng the tariff or any connec.on for the minimum
term unless with the
formal wriIen consent of TBG; and
5.5.3 the relevant network/service provider not (for whatever reason) reclaiming or
withholding in full or in part
from TBG any of the connec.ons commission or connec.on advance in respect of that
connec.on; and
5.5.4 any such further condi.ons as are no.fied by TBG from .me to .me.
5.6 TBG shall be en.tled to reclaim from the customer the subsidy already paid to the
customer (or withhold any unpaid
amount from any subsidy or instalment of a subsidy to be paid to the customer) in the event
that:
5.6.1 a connec.on is for whatever reason disconnected prior to the expiry of the minimum
term; or
5.6.2 a connec.on is for whatever reason downward migrated during the minimum term; or
5.6.3 the relevant network/service provider (for whatever reason) reclaims or withholds in
full or in part from
TBG any of connec.ons commission or connec.on advance by the network/service provider
in respect of that
connec.on; and the amount of the subsidy that TBG shall be en.tled to reclaim from the
customer shall be
equal to the amount reclaimed or withheld from TBG by the relevant network/service
provider but shall not be
greater than the total amount of the subsidy paid to the customer.
5.7 Any sum reclaimed pursuant to clause 5.6 shall be invoiced to the customer and paid
within 5 working days of the
date of TBG invoice.
6 Early Termina%on and Charges
6.1 In the event that a customer pursuant to its statutory rights cancels an order prior to
connec.on following a purchase
order being sent, or disconnects a connec.on prior to the expiry of the minimum term
(without wriIen consent from TBG)
or downward migrates a connec.on during the minimum term (without wriIen consent
from TBG), then TBG shall be
en.tled to charge the customer an administra.on charge of £225.00 per connec.on. A
charge of £225.00 will also be
applied to each connec.on if the customer upgrades with another supplier but on the same
mobile network within the
minimum contractual term agreed. For the avoidance of doubt, if you are a business
customer there is no 14 day cooling
off period.
6.2 The customer will use its best endeavours to assist TBG in obtaining PAC codes if
necessary from their exis.ng
supplier/network. Should TBG not receive the PAC codes to complete the por.ng process for
whatever reason, including
change of mind, the customer agrees to pay TBG the sum of £225.00 per connec.on not
completed.
7. Privacy Policy
7.1 The informa.on the customer provides may be used for credit checking by the networks
to assess the customer’s
credit worthiness. By placing an order, the customer has stated its acceptance of and
agreement with this. TBG will collect
personal details to pass on to mobile phone networks and service providers only for
connec.on and upgrade purposes.
TBG also reserves the right to refuse the fulfilment of any order in the event of
unsa.sfactory verifica.on of the customer’s
details and order. The customer can check the details TBG holds by wri.ng to TBG at its
registered address and if the
customer finds any inaccuracy TBG will delete and/or amend the details. Customer data
which TBG holds will be held
securely in accordance with TBG’s security policy and the law. TBG does however reserve the
right to pass on any
informa.on to any relevant authority such as the police or credit agencies in the interest of
fraud and crime preven.on
and to other companies linked to TBG. If the customer has any ques.ons concerning TBG’s
privacy policy please write to
TBG at its registered address.
8 Responsibili%es
8.1 TBG will not accept any responsibility for network service, network failure or network
performance. TBG will act on the
customer’s behalf whilst ac.ng within the terms and condi.ons of the networks at all .mes.
9. Contract Returns
9.1 The customer must sign and return the original network contract for new connec.ons
and re-sign within 2 weeks in
order to receive any cash back or network buy out payments agreed with TBG. All handsets
and accessories provided will
remain the sole property of TBG un.l the original network contract is signed and returned.
10. General
10.1 TBG reserves the right to record some calls for network verifica.on, training and query
resolu.on purposes. These
calls are retained for a minimum of 3 months.
11. GDPR
11.1 By agreeing to the TBG terms and condi.ons and the signed purchase order the
customer has given TBG permission
to hold all provided informa.on and all data concerning the various agreed telecoms
agreements with TBG.