Mobile Terms and Conditions.
The agreement between you and Fibrely Limited for the Fibrely Mobile SIM-only service.
These Terms and Conditions (“Terms”) set out the agreement between you (“you”, “your”) and Fibrely Limited (Company Number 08027502), whose registered address is 3 Railway Court, Doncaster, South Yorkshire, England, DN4 5FB, a subsidiary of JLO Group Ltd (Company Number 13739777) (“we”, “us”, “our”), for the Fibrely Mobile SIM‑only service (the “Mobile Service”).
These Terms are a complete, standalone agreement for the Mobile Service. Please read them in full. The following also form part of your agreement with us for the Mobile Service: your Order Confirmation, our Acceptable Use Policy, our Privacy Policy, our Pricing Guide and our Complaints Code of Practice, each as updated from time to time and available at fibrely.co.uk.
1. DEFINITIONS
In these Terms:
Acceptable Use Policy means our Acceptable Use Policy published at fibrely.co.uk, as updated from time to time, together with any acceptable use requirements of a Host Network that we are required to pass on to you.
AIT means Artificial Inflation of Traffic, being any use of the Mobile Service (whether by automated means, dialling or messaging patterns, or otherwise) that generates, or is intended to generate, calls, messages or data traffic to a disproportionate or artificial extent, or that is disproportionate to the traffic that would reasonably be expected from good‑faith personal use, including where the purpose or effect is to obtain a financial or other benefit for any person, or to cause us or a Host Network to incur charges, make payments, or make revenue‑share or termination payments.
Allowance means the inclusive minutes, texts and/or data included in your chosen tariff for each billing month, as set out in your Order Confirmation and Pricing Guide.
Competent Authority means any government, regulatory, statutory or other authority (including Ofcom), court or body having jurisdiction over us, a Host Network or the Mobile Service.
Cooling Off Period means the 14‑day period during which you may cancel under clause 15.
Credit Check means a search of your credit record and verification of your identity carried out by us or a credit reference agency.
Direct Debit means a Direct Debit instruction set up on your UK bank or building society account.
Early Termination Charge means a charge for ending the Mobile Service before the end of your Minimum Period, calculated as set out in the Pricing Guide.
eSIM means an embedded or downloadable SIM profile that provides the same function as a physical SIM Card.
Host Network means the mobile network operator whose network we use to provide the Mobile Service to you as a mobile virtual network operator (MVNO).
Intellectual Property Rights means patents, trade marks, copyright, database rights, design rights and all other intellectual property rights, whether registered or unregistered, anywhere in the world.
Minimum Period means the minimum term of your agreement for the Mobile Service, as set out in your Order Confirmation.
Order Confirmation means the confirmation we give you after you order, setting out your tariff, Allowance, charges, Minimum Period and other key details.
Out‑of‑Allowance Charges means charges for use of the Mobile Service that is not included in, or that exceeds, your Allowance, as set out in the Pricing Guide.
PAC means a Porting Authorisation Code used to transfer (“port”) your mobile number to another provider while keeping the number.
Pricing Guide means our guide to charges published at fibrely.co.uk, as updated from time to time.
SIM Card means the physical subscriber identity module card we supply (or the eSIM we make available) that enables your device to connect to the Mobile Service.
Spend Cap means a limit you may set on the Out‑of‑Allowance Charges you can incur in a billing month, as described in clause 11.8.
STAC means a Service Termination Authorisation Code used to leave your current provider without keeping your mobile number.
your end users means any person you allow to use the Mobile Service, the SIM Card or the eSIM.
2. YOUR AGREEMENT WITH US
Your agreement for the Mobile Service starts when you place your order. The date is confirmed in your Order Confirmation. These Terms apply for as long as we provide the Mobile Service to you, and some provisions (for example those on charges owed, our liability and dispute resolution) continue to apply afterwards.
Independent agreement. These Terms are a complete and standalone agreement for the Mobile Service. If you also take other services from us (for example Fibrely Broadband), those services are provided under their own separate terms and conditions. Each agreement stands on its own: these Terms govern the Mobile Service and do not depend on any other agreement, and taking, changing or ending another service does not by itself take, change or end the Mobile Service (and the reverse is also true).
Compatibility. We intend these Terms to operate consistently and compatibly with the terms of any other Fibrely service you hold. If there is any conflict, these Terms govern the Mobile Service, and the terms of your other service govern that other service.
For convenience, we may show charges for the Mobile Service on the same bill as your other Fibrely services. Doing so does not merge your agreements or change the independence described above.
3. ELIGIBILITY AND GETTING STARTED
To take the Mobile Service you must:
be at least 18 years old;
be a UK resident with a UK bank or building society account;
pass any Credit Check we carry out; and
hold and pay by an active Direct Debit, unless we have agreed another payment method in writing.
Depending on the result of a Credit Check, we may offer you different terms (for example a different tariff or an upfront payment). We will explain this to you, and any pricing you saw previously may not apply.
The Mobile Service is a SIM‑only service. We supply a SIM Card or make an eSIM available; we do not supply a handset or other device. You must provide a compatible, unlocked device that supports the Mobile Service (for an eSIM, one that supports eSIM provisioning).
Your Order Confirmation sets out your tariff, Allowance, monthly charge, any upfront charges and your Minimum Period.
The Mobile Service starts when we activate your SIM Card or eSIM on the Host Network, or when your mobile number is ported in, whichever happens first.
4. HOW LONG THE AGREEMENT LASTS
Your agreement lasts for the Minimum Period set out in your Order Confirmation, starting from the date the Mobile Service is activated.
If you end the Mobile Service before the end of the Minimum Period (other than as permitted in these Terms, for example during the Cooling Off Period or where you have a right to end without penalty), an Early Termination Charge may apply.
At the end of the Minimum Period, the Mobile Service continues on a monthly rolling basis at our then‑current tariff unless we agree otherwise with you. We will give you advance notice before the Minimum Period ends and before any change to your tariff at that point.
Before your Minimum Period ends, we will send you an end‑of‑contract notification setting out when the Minimum Period ends, the services and charges, and how you can end or change the Mobile Service. We will also give you information about the best tariffs we offer at that time, and at least once a year afterwards.
5. YOUR SIM CARD AND eSIM
The SIM Card and any eSIM profile remain our property at all times. We licence their use to you only for the Mobile Service and only for the duration of your agreement.
You must keep your SIM Card, eSIM, PIN, PUK and account security details secure and must not sell, transfer or allow anyone else to use them except as permitted by these Terms.
If your SIM Card is lost, stolen, damaged or faulty, or you need to move an eSIM to a new device, we can supply a replacement. A charge may apply as set out in the Pricing Guide, except where the SIM Card is faulty through no fault of yours.
We may update, re‑provision or remotely manage the SIM Card or eSIM to maintain the security, integrity or performance of the Mobile Service.
6. THE MOBILE SERVICE AND COVERAGE
We provide the Mobile Service as a mobile virtual network operator using the Host Network. The availability, coverage, speed and quality of the Mobile Service depend on the Host Network and on factors outside our reasonable control.
Mobile coverage and data speeds vary by location and cannot be guaranteed. Coverage may be affected by, among other things, your location and device, the terrain, buildings and other structures, weather, network capacity, congestion, planned or emergency maintenance, and interference. Indoor coverage may differ from outdoor coverage.
The Mobile Service is provided for your personal use in the UK. Occasional use for business purposes is permitted only if it is in accordance with our Acceptable Use Policy.
7. USING THE MOBILE SERVICE — WHAT IS AND IS NOT ALLOWED
You shall:
not use the SIM Card, eSIM or Mobile Service for machine‑to‑machine transmission, internet‑of‑things based services, or in a router or other aggregation device (except tethering, such that you may use your personal mobile device to tether your personal tablet or laptop);
not use the Mobile Service for any immoral, improper, obscene, defamatory, harmful, offensive or otherwise unlawful purpose;
not use the Mobile Service knowingly in any way that may infringe any Intellectual Property Rights;
not use the Mobile Service in any way which constitutes AIT; and
only use the Mobile Service in accordance with the Acceptable Use Policy.
You shall ensure that your end users comply with clause 7.1.
You are responsible for all use of the Mobile Service on your SIM Card or eSIM, and for all charges arising from that use, whether by you or your end users, until you tell us the SIM Card or eSIM is lost or stolen in accordance with clause 13.
If you break, or we reasonably suspect you have broken, clause 7.1 or the Acceptable Use Policy, we may restrict, suspend or end the Mobile Service in accordance with clause 16, and you may be liable for charges (including any charges a Host Network passes on to us as a result of AIT or other misuse).
8. ALLOWANCES, DATA AND FAIR USE
Your Allowance and the charges for use outside your Allowance are set out in your Order Confirmation and the Pricing Guide. Unless your tariff states otherwise, unused Allowance does not roll over between billing months.
Use of the Mobile Service that is not included in, or that exceeds, your Allowance is charged at the rates in the Pricing Guide as Out‑of‑Allowance Charges.
Where a tariff is described as “unlimited” or includes a fair use policy, a fair use limit applies as set out in the Pricing Guide or Acceptable Use Policy. We may take proportionate action (such as traffic management, or contacting you) where use materially exceeds fair use, is inconsistent with personal use, or falls within any use prohibited by clause 7.1.
Personal tethering is permitted as described in clause 7.1(a). Using the Mobile Service in a way prohibited by clause 7.1(a) — for example in a router or aggregation device, or for internet‑of‑things or machine‑to‑machine services — is not permitted, whether or not it is within your Allowance.
9. USING YOUR MOBILE ABROAD (ROAMING)
Roaming allows you to use the Mobile Service outside the UK where the Host Network has roaming arrangements in place. Roaming availability, the countries covered, any inclusive roaming and the charges that apply are set out in the Pricing Guide and may change.
Any inclusive roaming is subject to a fair use policy and to a reasonable‑use limit. We will tell you about roaming charges and, where required, alert you as you approach applicable data‑roaming limits. Charges for use outside any inclusive roaming allowance are set out in the Pricing Guide.
Roaming depends on networks operated by third parties abroad and cannot be guaranteed.
We will provide the roaming information and spending alerts required by applicable rules, and we take steps to protect you from charges caused by inadvertent roaming (for example where your device connects to a network in another country when you are near a border, or travelling on a ferry or boat).
10. EMERGENCY CALLS
You can call the emergency services on 999 or 112 using the Mobile Service where there is coverage. Emergency calls depend on the availability of a mobile signal and, like all mobile services, cannot be guaranteed to be available at all times or in all locations.
Where you make an emergency call, information about your location may be provided to the emergency services in accordance with applicable rules. Some features (such as calls made over Wi‑Fi or certain data‑only configurations) may affect how emergency calls or location information work; we will tell you where this applies.
If you cannot make voice calls to the emergency services (for example because you are deaf, hard of hearing or have a speech impairment), you can contact the emergency services by SMS once you have registered for the emergency SMS service. Information about registering is available on our website.
11. CHARGES, BILLING AND PAYMENT
You are responsible for paying all charges incurred on your SIM Card or eSIM, whether by you or your end users, subject to clause 13 (lost or stolen SIM).
All charges include VAT unless stated otherwise.
Once the Mobile Service is live, we bill you monthly and electronically. Each bill covers your subscription charge for the coming month, together with any usage charges (including Out‑of‑Allowance Charges and roaming charges) billed in arrears. It is your responsibility to keep the email address on your account accurate and monitored. You can ask us for an itemised bill showing your chargeable usage, which we provide on request in accordance with applicable rules.
You must hold and pay by an active Direct Debit unless we have agreed another payment method in writing. Where we agree another method, we may charge a reasonable fee to cover our costs, as set out in the Pricing Guide.
We collect payment on the due date shown on your bill. If you do not pay by the due date, we may:
charge a reasonable administration fee or interest, as set out in the Pricing Guide; and
notify credit reference agencies of your non‑payment.
If you think a charge is wrong, tell us promptly. While we investigate you must keep paying all charges, and we will not suspend or end the Mobile Service because of a genuinely disputed charge. We will refund any amount we find was incorrectly billed. Failing to dispute promptly does not affect your statutory rights.
If we cannot collect your charges within 30 days of the due date of your oldest bill, we may (in addition to our rights in clause 16):
add reasonable recovery costs, including third‑party debt collection costs;
pass or sell the debt to a third‑party collection agency;
notify credit reference agencies; and/or
take legal action to recover the amount.
You may ask us to set a Spend Cap that limits the Out‑of‑Allowance Charges you can incur in a billing month. Where a Spend Cap applies, we will not charge you above it for the capped services, except for amounts that fall outside the cap by their nature (for example certain third‑party or premium‑rate charges). You can ask us to set, change or remove a Spend Cap at any time; changes take effect within a reasonable period.
When the Mobile Service ends, any outstanding charges, Early Termination Charge and other sums become immediately due. If you have pre‑paid for services you have not used, we will deduct anything you owe us before refunding the balance.
If you are experiencing financial difficulty or are unable to pay, please contact us so we can agree a way forward.
12. PRICES AND PRICE CHANGES
Your monthly and any upfront charges are set out in your Order Confirmation. Except as set out in these Terms, your monthly charge will not change during your Minimum Period unless you agree to add or change a tariff or service.
Annual price increase. Your recurring monthly charge for the Mobile Service will increase by £1.50 per month each year unless otherwise stated in your package terms. This increase takes effect on 1 April each year. It is a fixed amount and is not linked to inflation or any index. We will give you advance notice before the increase takes effect.
If you add or change a tariff or service, you will be charged for the new tariff or service from the date we agree it begins. One‑off and recurring event‑based charges are set out in the Pricing Guide.
We may also change your charges to reflect any change in the rate of VAT or any other tax, levy or charge imposed by government or a regulator.
13. LOST, STOLEN OR MISUSED SIM CARD OR eSIM
If your SIM Card, eSIM or device is lost or stolen, or you think it is being used without your permission, you must tell us as soon as possible so we can bar the SIM Card or eSIM.
You are responsible for all charges incurred until you report the loss, theft or unauthorised use to us. After you have reported it, you will not be responsible for further charges arising from unauthorised use, except to the extent the charges result from your own act, omission or breach of these Terms.
We may bar, suspend or replace a SIM Card or eSIM where we reasonably believe it is being used fraudulently or in breach of clause 7.1.
14. KEEPING YOUR NUMBER AND SWITCHING PROVIDER
If you are joining us and want to keep your existing mobile number, you can ask your current provider for a PAC and give it to us. We will port your number to the Mobile Service, normally within one working day of receiving a valid PAC, at no charge for the porting itself.
If you are leaving us, you can obtain a code from us free of charge: a PAC if you want to keep your number and take it to your new provider, or a STAC if you want to leave without keeping your number. You can request these by the methods we publish (including by text message), and we will provide the code promptly in line with our regulatory obligations.
When you port your number away, or use a STAC to leave, this ends the Mobile Service on that number. Any outstanding charges and, where applicable, any Early Termination Charge remain payable.
A PAC and a STAC each have a limited validity period. If you do not use it within that period you will need to request a new code.
If we delay porting your number by more than one business day, or if there is an abuse of the porting process by us or on our behalf, you may be entitled to reasonable compensation. We will tell you, in plain terms, how to claim any such compensation and how it will be paid; details are available from us and on our website.
15. COOLING OFF AND CANCELLING
If you bought the Mobile Service at a distance (for example online or by phone) or away from our premises, you have a legal right to cancel within 14 days. This Cooling Off Period runs from the day after the day you receive your SIM Card, or, for an eSIM, from the day after the day your agreement is concluded.
If you ask us to start the Mobile Service during the Cooling Off Period — for example by activating the SIM Card or eSIM, or by porting your number in — and you then cancel within that period, we may charge you for the service you have used up to the point you cancel.
If you are switching to another mobile provider, you do this through the switching process in clause 14 (using a PAC or STAC). Your switch will normally complete within one business day of a valid request, and we will not charge you for any notice period that runs beyond the day your switch takes effect.
If you are ending the Mobile Service for a reason other than switching, you can do so by giving us 30 days’ notice. This notice requirement does not apply where you are switching under clause 14.
If you are still within your Minimum Period (other than during the Cooling Off Period, or where you have a right to end without penalty under these Terms), an Early Termination Charge may apply as set out in the Pricing Guide.
To cancel, contact us using the details on our website. You may use the cancellation form we make available, but you do not have to. If any equipment was supplied with your SIM Card, you must return it in reasonable condition (fair wear and tear excepted); if you do not, we may charge the replacement or reasonable recovery cost.
16. RESTRICTING, SUSPENDING OR ENDING THE MOBILE SERVICE
We may restrict, temporarily suspend or end the Mobile Service if:
we need to carry out local or national network maintenance;
you break, or we reasonably suspect you have broken, these Terms (including clause 7.1) or the Acceptable Use Policy;
you do not pay a bill or invoiced charge within 14 days of a reminder;
we believe the Mobile Service, or a method you have used to pay us, has been used fraudulently or for AIT;
we are required to for legal or regulatory reasons, or by a Competent Authority;
we are unable to continue to provide the Mobile Service; or
we need to protect our network, the Host Network or other users.
Where we can, we will give you notice and the opportunity to put things right first. In some cases (such as suspected fraud, AIT, or a requirement of a Competent Authority) we may not be able to do so in advance.
During any restriction or suspension, you must continue to meet your obligations, including paying your charges.
You can end the Mobile Service as set out in clause 15. If you end within your Minimum Period other than as permitted, an Early Termination Charge may apply as set out in the Pricing Guide. When the Mobile Service ends, clause 11.9 applies to outstanding sums.
17. CHANGES TO THESE TERMS AND THE MOBILE SERVICE
Subject to clause 17.3 (your right to end the Mobile Service without penalty for a change of material detriment), you acknowledge and agree that the Mobile Service may be varied (including by way of decommissioning of any aspect of the Mobile Service) on one month’s written notice. Where a variation to the Mobile Service is required by a Competent Authority, we may vary the Mobile Service without notice, but will use reasonable endeavours to provide as much notice as is practicable in the circumstances.
We may change these Terms from time to time, for example to meet our legal or regulatory obligations or where relevant to our business operations. We will usually give you notice by email or letter, and information about any changes will be available on our website.
Where a change to these Terms or the Mobile Service is of material detriment to you, we will give you at least 30 days’ notice and you may end the affected service without paying an Early Termination Charge, by telling us within 30 days of our notice. The change will not take effect for you during that period.
The following are not treated as changes of material detriment giving a right to end without penalty:
the £2.50 annual price increase in clause 12.2;
a change to reflect a change in VAT or any other applicable tax, levy or charge imposed by government or a regulator; and
a change required by a Competent Authority.
18. COMPLAINTS AND INDEPENDENT DISPUTE RESOLUTION
If something goes wrong with the Mobile Service, please contact us so we can put it right, and keep paying your bills while we investigate. Our complaints process is set out in our Complaints Code of Practice, which explains how to complain, how to escalate, and how to claim any compensation you may be entitled to.
If your complaint is not resolved, you can refer it free of charge to our independent alternative dispute resolution (ADR) scheme, the Ombudsman Services ADR Scheme. You can reach them on 0330 440 1614 or at enquiry@ombudsman-services.org.
If you need extra help — for example because of a disability, or a health, personal or financial circumstance that makes you vulnerable — please tell us. We have measures in place to support customers in vulnerable circumstances, including accessible formats for bills and communications and priority support where appropriate, as set out in our accessibility and vulnerable‑customers policy. With your authority, we can also arrange for a third party to help manage your account or bills.
19. MATTERS BEYOND OUR CONTROL
We will not be liable for failing to do what these Terms require where this is caused by matters beyond our reasonable control, for example lightning, flood, severe weather, fire, or anything done by a government or other public authority. We will take reasonable steps to prevent or minimise the impact. If the Mobile Service is substantially interrupted for an extended period, you may contact us to end the Mobile Service and receive a refund for the period you have paid for but not received the affected service.
20. OUR LIABILITY
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of that failure or of our failing to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your statutory rights in relation to the Mobile Service.
Because the Mobile Service depends on the Host Network and on radio coverage, we are not responsible for interruptions, reduced coverage or reduced speeds that are outside our reasonable control.
The Mobile Service is provided for personal use. We are not liable for any loss of profit, loss of business, business interruption or loss of business opportunity.
We are not liable for:
losses caused by a third‑party service, goods, apps or viruses that you access through the Mobile Service;
any loss of information or data (unless this is due to digital content we provide);
problems or issues caused by other telecommunications providers; and
losses caused by your breach of these Terms.
21. OTHER IMPORTANT TERMS
This agreement is between you and us. No other person has any right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
You may not transfer your rights or obligations under these Terms without our written agreement. We may transfer our rights and obligations under these Terms to another organisation; we will always tell you in writing if this happens and we will ensure the transfer does not affect your rights.
If a court finds any part of these Terms illegal or unenforceable, the rest will continue in full force. Each clause operates separately.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do, or if we delay taking steps against you in respect of your breaking this agreement, that will not prevent us taking steps against you at a later date.
We will contact you using the details on your account (for example by email, letter or text message). Please keep your contact details up to date.
These Terms, and any dispute or claim arising out of or in connection with them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
Fibrely Limited (Company Number 08027502), 3 Railway Court, Doncaster, South Yorkshire, England, DN4 5FB — a subsidiary of JLO Group Ltd (Company Number 13739777).
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