BRUIN COMMUNICATIONS: Business Terms and Conditions for SaverSIM and SaverSIM REACH^®

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE SERVICES AND RETAIN A COPY OF THEM FOR FUTURE REFERENCE.

1 Definitions
1.1 'AUTOMATED TOP-UP' - a provision enabling the airtime on your phone to be automatically increased once an agreed level is reached;
1.2 'END USER' - any person who uses the Goods and Services with your permission.
1.3 'SERVICES' - tariffable outbound international calls, internal UK calls, free calls and inbound roaming calls.
1.4 'SUPPLIER' - Bruin Communications, company registration number 04339511.
1.5 'You' or the 'Customer' the account holder listed overleaf.

2 Commencement and duration
2.1 No agreement exists between You and the Supplier for the supply of the Services until You access the Services. Once You do so, there is a binding legal contract between us.
2.2 For the avoidance of doubt, accessing the Services shall mean:
(a) If any of your SaverSIM^® cards have been provided with airtime on them, You access the Services by making a phone call on one of the cards;
(b) If none of your SaverSIM^® cards have been provided with airtime on them, You access the Services by registering a card and purchasing airtime.
2.3 The Services supplied under this agreement shall continue to be supplied to each End User for 3 months following their last use of the Services provided there is sufficient airtime prepaid on the account unless this agreement is terminated in accordance with clause 7. At the end of such 3 month period the Services will cease to be available regardless as to how much, if any, unused airtime may remain on the account.

3 Provision of the Services
3.1 You acknowledge that this agreement is subject to network service levels and roaming agreements that currently exist between the mobile phone networks and that they are outside of the Supplier-s control.
3.2 Subject to 4.1 the Supplier shall endeavour to provide the Services at all times and warrants to You that the Services will be provided using reasonable care and skill.
3.3 The warranty under condition 3.2 shall not apply to any third party services that the End User may access through the Services.
3.4 If the provision of the Services is prevented or delayed by any act or omission caused by You or the End User, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by You or the End User arising directly or indirectly from such prevention or delay.
3.5 The Supplier may, from time to time and without notice, change the Services in order to comply, for example and without limitation, with any applicable safety, regulatory or statutory requirements, provided that such changes do not materially adversely affect the nature, scope of, or the charges for the Services.

4 Your obligations
4.1 You will co-operate and ensure that all End Users co-operate with the Supplier in all matters relating to the provision of the Services.
4.2 You will be solely responsible for providing the hardware necessary to access the Services, including but not limited to mobile handsets.
4.3 Under no circumstances shall You or the End User use the Services for purposes that are illegal, immoral or improper.

5 Price and Payment
5.1 The price of the Services shall be displayed on the Supplier-s website at all times and shall be inclusive of VAT unless clearly stated - such as with tariffs.
5.2 The Supplier may change the price of the Services from time to time - including, though not exclusively, calling rates ( inbound and outbound), cost of initial call credit etc. Such notice shall be communicated by way of text or flash message to you or to the End User-s mobile phone or set out on the Supplier's website.
5.3. There will be a monthly charge of $1.65 to keep the SIM active and this will be charged each month following the first use of the SIM. 5.4 In order to pay for the Services You must purchase airtime in advance. You can purchase airtime using your credit/debit card via the Supplier-s website or by PayPal. This airtime credit will be placed on each End User-s account and must be maintained in credit at all times including for the deduction of the monthly charge to keep the card active unless otherwise agreed with the Supplier.

6 Liability
6.1 This condition sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to You and each End User in respect of:
(a) any breach of this agreement;
(b) any use made by the You and the End User of the Services; and
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
6.2 Nothing in these conditions limits or excludes the liability of the Supplier:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by You as a result of fraud or fraudulent misrepresentation by the Supplier; or
(c) for any liability incurred by You as a result of any breach by the Supplier of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
6.3 Subject to condition 6.2, the Supplier shall not be liable for any loss of profit or any indirect, special or consequential loss (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by You or the End User.
6.4 The Supplier shall not be liable to You or the End User or be deemed to be in breach of this agreement by reason of any delay in providing, or any failure to provide, any of the Supplier-s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Supplier-s reasonable control. For the avoidance of any doubt this includes but is not limited to any failure in the network service levels or roaming agreements referred to in condition 3.1.
6.5 The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the provision of the Services shall be limited to the price paid for the Services.

7 Termination
7.1 If the End User does not use the Services for a period of 3 months or goes into a negative balance through non use or through insufficient balcne after deduction of the monthly charge of $1.65 this agreement will terminate automatically in respect of that End User and shall be deemed to be terminated by You. Should you wish to reactivate the service a charge will apply.
7.2 The Supplier shall be entitled to terminate this agreement immediately if:
(a) there is a breach of condition 4.3; or
(b) any of the information You have provided to the Supplier is found to be false; or
(c) an order is made or a resolution is passed for your winding up, or circumstances arise which entitle a court of competent jurisdiction to make an order for your winding-up; or
(d) an order is made for the appointment of an administrator to manage your affairs, business and property, or documents are filed with a court of competent jurisdiction for the appointment of an administrator, or notice of intention to appoint an administrator is given by You or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986); or
(e) a receiver is appointed of any of your assets or undertaking, or circumstances arise which entitle
a court of competent jurisdiction or a creditor to appoint a receiver or manager, or if any other person takes possession of or sells your assets; or
(f) You make any arrangement or composition with your creditors, or make an application to a court of competent jurisdiction for the protection of your creditors in any way.
7.3 The Supplier shall be entitled to terminate the Services by giving You not less than 14 days notice, for reasons including but not limited to any breach of your obligations under this agreement (which if capable of remedy are not remedied within 7 days of the Supplier informing you of the breach); or the Supplier being unable to provide the Services.
7.4 You shall be entitled to terminate this agreement at any time by informing the Supplier.
7.5 On termination of this agreement:
(a) the Supplier is under no obligation to refund the prepaid airtime that is on the End User-s phone account at the date of termination; and
(b) the Supplier shall disconnect your SaverSIM^® card from the Services.

8 Third Party Rights
This agreement is made for the benefit of the parties to it and is not intended to be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

9 Applicable law
These terms and the supply of the Services will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract. Nothing in these Terms and Conditions affects your Statutory Rights.

10 Delivery
The SaverSIM^® will be delivered by normal post or within 5 days service depending on which choice you made when you ordered.