Our ‘Terms & Conditions’ is frequently updated and is available at www.breeze-mobile.com This Agreement ("Agreement") is between you and Breeze Telecommunications Ltd, trading under the BreezeMobile brand name, (or as the case may be, BreezeMobile, the company set out in a sales order form) (referred to as "BreezeMobile"), consisting of these terms & conditions and a sales order form which has been accepted in writing by us (the "Order"). Any supply of communications equipment, technology and services (including numbers) ("the Services") supplied by BreezeMobile to you is governed by this Agreement. In this document, "you" and "your" means you, the customer of the Services, and "BreezeMobile," "we," "our," and "us" means BreezeMobile, and any BreezeMobile companies authorised to provide you with the Services.

Once you submit an order form to us, register, enrol in, activate, use, or pay for the Services, you agree to these terms and to the prices, charges, licence or other supplementary terms provided to you with respect to the Services. These will include those product or service specific terms or licences defined on the Order, or as available on www.Breeze-Mobile.com(or otherwise provided to you) all of which are incorporated into this Agreement by reference.

The terms of our rental agreement (set out at www.Breeze-mobile.com) must be signed by you and is incorporated into and supplement to this Agreement, where equipment to be comprised in the Services is to be rented or leased to you.

The terms of our On Site Maintenance agreement (set out at www.Breeze-mobile.com) must be signed by you and is incorporated into and supplement to this Agreement, where equipment to be comprised in the Services is to be subject to On Site maintenance. Hosted Services – Supplemental Terms (set out at www.Breeze-Mobile.com) shall be incorporated into and supplement to this Agreement, where Services to be provided include hosted applications or other IP services.

The Initial Term (as defined at clause 2.1 below) is a minimum of 36 months, unless otherwise agreed by us in the Order, where Services consist of communications services or calls and line rental.

A. Acceptance of Orders

Orders received will be processed within 24 hours and if order includes wireless handsets, and or SIM cards, this is dispatched within 24 hours of receipt of order. We reserve the right to withdraw and alter without notice all quotations made, and price or product lists supplied by us and do not constitute an offer to supply the Services.

Until we have confirmed it in writing no Order submitted by you shall be deemed accepted. You agree that once an Order has been accepted by us, you will not cancel it without our written agreement. We reserve the right to accept or refuse sales order forms.

You agree to be responsible for ensuring the accuracy of the terms of any Order (including the detail of the order form) and for giving us all necessary information within a sufficient time to enable us to perform the Services.

B. Services

B.1 Initial Term

The Services are to be provided for the period set out in the Order with an exception made for the purchase of equipment. If no such period is specified then for a minimum term of 24 months in which the period begins on the date that we first supply the Services ("the Initial Term"). Subsequent terms of this Agreement will automatically be renewed on a 3 monthly basis without further action by you unless you give us notice of non-renewal.

You agree that you will be responsible for charges to the date of termination if you terminate Services prior to the end of the Initial Term. This includes without limitation unbilled charges, plus any disconnection fees or early termination fees (as applicable), all of which shall immediately become due and payable. Details of applicable disconnection fees or early termination fees are set out in the Order or at www.Breeze-mobile.com. We may put aside disconnection fees or early termination fees if we enter into a new agreement with you for a comparable service.

You are accountable to pay all unpaid and accrued charges due, even after expiration of the term or termination of the Services. Your rights of use of the Services ceases upon termination of this Agreement.

B.2 Installation

We will only supply work or fit materials according to an Order. We shall not be responsible for any damage to the premises at which the Services are to be installed ("the Premises") and we do not undertake to determine if the Premises are suitable for installation of the Services. In order to complete the installation of the Services in accordance with the Order, access to the Premises at all reasonable times must be given to us and our workmen by you.

For the purpose of carrying out the installation the free use of any services supplied to the Premises must be allowed by you.

If we are to deliver fixed line to a premises, the Premises must be cleared and made ready for the installation of the Services on the due date. Our proper charges for this work will be incurred if the Premises is not cleared and made ready for the installation. We are not obliged to carry out any structural alteration or building work. We are not responsible for and will not undertake any wiring, electrical, plumbing or heating work except to the extent that any such work is necessary for the proper installation of the Services.

We will not undertake any decorating work unless and except to the extent expressly agreed otherwise. We will not be responsible for any damage caused to plastering, tiling or decorations.

You are responsible for the safety of all materials left on site and part completed installation. Any theft, accidental, malicious or negligent damage shall be your responsibility and you will ensure the provision of adequate insurance to cover any loss thereby caused.

B.3 Standard of Services

We shall perform our obligations under this Agreement at all times by exercising the reasonable skill and care of a competent provider of communications equipment, technology and services.

We shall ensure the Services conform to any service description or service levels we provide in respect of such Services by using reasonable endeavours.

All warranties, representations or agreements with respect to the Services, whether written or oral and whether express or implied either by law or by custom and practice are excluded to the extent permissible at law, except as expressly set out in this Agreement.

B.4 Use of the Services

Our Services must only be used for lawful purposes. By using our services, you agree that you will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that (i) interferes with our ability to provide service to you or our other customers; or (ii) avoids your obligation to pay for communication services.

By using our Services, you agree not to use the Services for transmitting or receiving any communication or material of any kind when in our sole judgment the transmission, receipt or possession of such communication or material (1) would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable law or offend public sensibility; or (2) encourage conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable law or offend public sensibility.

Violation of any of the restrictions in this clause would enforce us to forward the objectionable material and any personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

You are responsible for any and all such use of the Services by you or any person making use of the Services and you agree to indemnify us against any and all liability for any use of the Services.

If we in our sole discretion believe that you or someone else making use of the Services has violated any of the restrictions set out in this clause, we are authorised to terminate the Services immediately and without advance notice. We may also in such circumstances immediately suspend or restrict the Services without advance notice.

With as much notice as reasonably practicable in the circumstances, we may from time to time suspend the Services for the purposes of upgrading, modifying or maintenance of the Services or due to overriding emergency procedures or due to legal requirements or if we reasonably believe that you are acting in default of or intend to act in default of your obligations under this Agreement.

B.5 Theft or Fraudulent Use of Services

We reserve the right to immediately be notified by you if the Services (or any equipment forming part of the Services) are stolen or if you become aware at any time that the Services are being stolen or fraudulently used. Failure to do so in a timely manner will result in the termination of your Services and additional charges to you. Until such time as we receive notice of the theft or fraudulent use, you will be liable for all use of the Services stolen from you and any and all stolen Services or fraudulent use of the Services. We enforce by default configuration a set of security policies and recommendations and it is your responsibility to ensure these are complied with. We may, where we suspect theft of the Services or fraudulent use of the Services, immediately suspend or restrict the Services without advance notice.

C. Ownership and Risk of Loss

You agree that title to any equipment included in the Services shall remain with us until all charges due to us from you have been paid in full. This is unless the equipment is the subject of a rental agreement with us, to which the provisions of our rental agreement will additionally apply (as such terms are available from us in writing or as set out at www.Breeze-mobile.com), then notwithstanding delivery or installation of the Services, Until such time as title to any equipment comprised in the Services passes to you, you shall permit us (or our agents) at any time to enter onto your premises to recover any such equipment and agree to indemnify us in respect of all loss damage or claims arising in respect of such equipment.

D. Intellectual Property Rights

In this clause the term "Intellectual Property Rights" means all copyright, trademarks, design rights, patents, domain names and other intellectual property rights arising in respect of the Services, and in whatever media, whether or not registered or capable of registration or applications or extensions of such rights anywhere in the world"

The Services including any equipment, any firmware or software provided to you in conjunction with the Services and all information, documents and materials provided by us are protected Intellectual Property Rights. All Intellectual Property Rights of BreezeMobile (or our third party suppliers) are and shall remain the exclusive property of BreezeMobile (or our third party suppliers) and save as permitted in this Agreement you shall have no right or license to use or sub licence any such Intellectual Property Rights.

You agree that you are not given any license to use the Intellectual Property Rights of BreezeMobile (or our third party suppliers ) other than a non-transferable, revocable license to use such Intellectual Property Rights (without making any modification thereto) strictly in accordance with this Agreement and solely for the purposes of this Agreement.

You agree to indemnify BreezeMobile (or our third party suppliers) against any and all liability arising out of your unauthorised use of the Intellectual Property Rights.

E. Numbers

Any telephone numbers provided by us to you for the purpose of using the Services ("Numbers") shall be leased and not sold. You shall not obtain any rights, title or interest in the Numbers. You are not to use the Numbers with any other equipment, other than equipment comprised in the Services without our prior express written permission.

F. Termination

By you:

If you terminate the Services before completing the Initial Term, you will be charged disconnection fees or early termination fees. Termination may take up to thirty days to become effective. You will be charged for any remaining periodic or usage charges after contacting us to terminate the Services.

By us:

We reserve the right to discontinue Services without incurring any liability, immediately and without notice if we determine that such action is necessary to prevent or to protect against fraud or to otherwise protect our personnel, agents, facilities, or services to other customers. Without limitation, we may take such actions if:

1. You refuse to furnish information or furnish false information that (i) is essential for billing; or (ii) pertains to your creditworthiness, your past or current use of communications services, or your planned use of the Services; 2. You indicate that you will not comply with a request for security for the payment for Services; 3. Your Services usage charges exceed established parameters based on your history of usage, which may indicate a likelihood of non-payment or possible misuse of the Services or fraud; 4. You use, or attempt to use, Services with the intent to avoid the payment, either in whole or in part, of the charges for the Services by (i) using or attempting to use Services by rearranging, tampering with, or making connections to Services in an unauthorised manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or equipment; 5. You act, or fail to act, in a manner that hinders or frustrates any investigation by us or others having legal authority to investigate your legal obligations; 6. You were previously provided with notice of breach of contract, took corrective action, but thereafter engage in the same breach activity; or 7. You act in a manner that is threatening, obscene, harassing, or abusive to our personnel or third parties. We reserve the right to discontinue the Services, without incurring any liability, immediately upon written notice to you if: Any invoice charges remain outstanding or you fail to comply with our requests for security for the payment for Services. The discontinuance of Services by us pursuant to these provisions does not relieve you of any obligation to pay us for charges due and owing for Services supplied up to the time of termination or in respect of any disconnection fees or early termination fees. G. Billing and Payment Except as otherwise agreed in writing by us (including in respect of any rental of equipment), the price for any equipment comprised in the Services shall be paid in full upon receipt by you of notice that the equipment is ready for delivery or installation, unless you are an account customer, in which case payment is required within fourteen days of the date of our invoice, or as agreed on the Order. We may charge you for services subscriptions, SIM cards, line rental, fixed and mobile broadband, voice services, wifi services monthly in advance and for call and data charges in arrears. You will be invoiced from the point of Service activation. You will be provided with a Service activation date which will be no more than 6 weeks from Order acceptance and signing. You agree to pay for our Services within 14 days of the date of our invoices issued to you, except as otherwise agreed in writing by us. Payment shall be deemed to be made only when cleared funds have been received by us and our bank account credited. In addition to any other remedies available under law, if any charges are due but unpaid for any reason we may suspend or terminate any or all of the Services and we may charge you interest (both before and after any judgment) on the amount unpaid, on a daily basis and on the basis of a year of 365 days at the rate of 4 %per annum above National Westminster Bank plc base rate from time to time until payment in full is made). No termination of the Services or of this Agreement shall relieve you from paying any amounts due hereunder. All charges shall be exclusive of Value Added Tax and any other taxes from time to time in force. We may apply a credit limit to the provision of the Services and require you to provide security for payment of the Services. H. Modifications The prices and charges for the Services may be changed by us from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services are effective no sooner than 14 days after we post them on www.Breeze-Mobile.comor otherwise provide written notice to you of such changes. If we increase any periodic or usage charges for which you are liable for under this Agreement or we modify a material term of this Agreement and the modification would be materially adverse to you, you may terminate the Services without paying an applicable disconnection fees or other early termination fees (which is your only remedy) by following the cancellation instructions in the notice we provide of the relevant modification. If you do not terminate the Services by following the instructions in the notice, then you agree to be bound by the increase or modification. Notwithstanding the above, we reserve the right to make any changes to the Services which are required to conform to any applicable safety or other statutory requirements or which do not materially affect their quality or performance. I. Indemnity You agree to defend, indemnify, and hold us and any other third party who supplies Services to you in connection with this Agreement, harmless from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable legal fees) by, or on behalf of, you or any third party or user of your Services, relating to or arising out of the Services or this Agreement. This paragraph shall survive termination of this Agreement. You agree that we should not be responsible for any third party claims against us that arise from your use of the Services. Further, you agree to reimburse us for all costs and expenses related to the defence of any such claims, including legal fees, unless such claims are based on our wilful misconduct or gross negligence. This provision will continue to apply after the Agreement ends. J. Claims and Liability You agree by activating, using or paying for the Services, that you have read this Agreement and understand the limitations described in this clause. We will use our reasonable endeavours to deliver the Services in accordance with the Order. We will, except as excluded by or in this Agreement, make good, free of charge, any defects which under proper use appear in the Services, within a period of 12 months of first use or after installation of the Services (whichever is the later) and which are due to faulty materials, provided there has been no maltreatment or misuse thereof and provided further that we are notified in writing immediately such defects appear. Under no circumstances shall this provision replace any maintenance services to be provided by us the (whether provided under this Agreement or a separate maintenance agreement). Notwithstanding the above, we shall have no liability at any time: in respect of (i) any defect arising from any drawing, design or specification supplied by you; or (ii) any defect appearing in the Services, or any component part of the Services, which is due, or partly due, to the material of which the same is made, its design or any method of manufacture or process of treatment applied by any person other than us, or as specifically requested by you, in which case you will be entitled to the benefit of such warranty or guarantee only as is given by the manufacturer to us (iii) any defect in the Services arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by us, maltreatment, misuse or alteration, or repair of the Services without our approval in writing; or (iv) any alleged defect in the Services following discovery of which you continue to use the Services without material interruption. Except as excluded above, where the Services are defective for any reason, including negligence, our liability (if any) shall be limited (subject to the final paragraph of this clause) at our sole discretion to: (i) replacing the Services; (ii) rectifying such defects at our own expense; or (iii)granting you a full or partial refund and/or credit note for the appropriate part of the charges in which case (subject to the final paragraph of this clause) we shall have no further liability to you. Subject to the final paragraph of this clause, we shall not be liable to you under the terms of this Agreement, or by reason of any breach of any of the foregoing, for: (i) any loss of profits or anticipated savings, or any loss of revenue, contracts or goodwill; nor (ii)any special,indirect or consequential loss, damage, costs or expenses or other claims for special, indirect or consequential compensation whatsoever (whether or not we had been advised of the possibility of any such loss, damage, costs, expenses or other claims occurring); nor (iii) any sum or sums to the extent that they exceed the value of the Services. Any suggestions or recommendations by us for any person to act as an installer of the Services is made in good faith but without any responsibility on our part. No such installer shall be regarded as our agent for any purposes whatsoever. We will have no liability whatsoever for any unauthorised access, damages or modifications to, or loss or destruction of, any of your software, files, data or peripherals or for copyright, trademark, patent, trade secret or other intellectual property infringement. We shall not be liable for any delay or failure to provide the Services, or any interruption or degradation of voice quality that is caused by any of the following: (i) act or omission of an underlying carrier, service provider, vendor or other third party; equipment, network or facility failure; equipment, network or facility upgrade or modification; (ii) act or omission of you or any person using the Services; or (iii) any other cause that is beyond our reasonable control, . Further, BreezeMobile shall not be liable to you or others for any damages arising from the content of any data transmission, communication or message transmitted to or received by you (whether read or unread, solicited or unsolicited), or losses resulting from any goods or service purchased or messages received or transactions entered into through the Services. Nothing in this Agreement shall exclude our limit our liability for death or personal injury as a result of our negligence or our liability resulting from our fraud or any other liability which cannot be excluded by law. K. Manufacturer Warranties for Equipment If you received any equipment as part of the Services and such equipment includes a warranty from its manufacturer at the time of receipt, you must refer to this separate warranty document for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. L. General Dispute Resolution & Governing Law By using our Services, you agree that you will first negotiate with us in good faith to settle any claim or dispute between you and us in any way related to or concerning the agreement, or our provision to you of the Services ("claim"). A written description of your claim must be sent to us by you. This Agreement is subject to the laws of England and to the exclusive jurisdiction of the English Courts. No Third Party Beneficiaries Save as provided with respect to our third party suppliers in this Agreement, no provision of this Agreement provides any person or entitles any party not a party to this Agreement with any remedy, claim, liability, right of reimbursement, or cause of action or creates any other third party beneficiary rights. Matters Beyond Our Control We will not be responsible to you for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labour disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for the Services supplied. Assignment We may assign all or part of our rights or duties under this Agreement without notifying you, and without such assignment being considered a change to the Agreement. In such cases, BreezeMobile will have no further obligations to you. You may not assign this Agreement or the Services under any circumstances without our prior written consent. Subject to these restrictions, this Agreement will bind our successors, subcontractors, and assigns, who will receive its benefits. Notices We may send notices to you at the e-mail address provided to us by you in the Order or as subsequently notified by you to us ("mail address"). You are responsible for notifying us of any changes to your mail address. You agree that sending a message to the mail address is an agreed means of providing notification pursuant to this Agreement. The mail address will be used by us to communicate important information about the Services. Severability If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. Entire Agreement This Agreement, along with our rates and related terms concerning the Services as set out at our website constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals concerning the supply of the Services, including representations, whether written or oral. This Agreement can only be amended as provided herein. No written or oral statement, not expressly contained in or referred to in this Agreement will be allowed to contradict, explain, or supplement it. You represent that you may legally enter into this Agreement, have reviewed this Agreement and have read and clearly understand its terms. You are responsible for all charges incurred by any person you authorise to access or allow to use the Services. Confidentiality It is our responsibility and yours to keep all confidential information of each other, secret and confidential and only to use such confidential information in accordance with this Agreement and in particular not to use, copy, adapt, alter or part with possession of, or disclose to any other third party any confidential information provided that the party receiving confidential information shall not be prevented from using or disclosing the same to the extent that it is in or comes into the public domain (otherwise than through the default or negligence of the receiving party), or to the extent that its disclosure is required by law. Fair usage Policy / Terms and conditions: National Bundle ("the Bundle") inclusive allowances are for calls and SMS from the UK to standard UK landline (starting 01, 02 and 03) and other UK EE, H3G, Vodafone mobile numbers, and for mobile internet usage in the UK. Other usage will be charged at the standard rate. Unlimited usage is subject to the fair usage of 10000 mins, 5000 SMS and 10GB per month per SIM. Usage in excess of your allowance will be charged at standard rates. Allowances are valid for 30 days from the date of purchase. Calls are rounded up to the nearest minute for the purpose of calculating the remaining allowances. A customer may have only one Bundle on their account and may not buy another during the 30 day validity period. Any remaining allowance after 30 days will not be carried over into the next 30 day period should the customer repurchase a Bundle. We reserve the right to replace or amend the Bundle or these terms and conditions or to withdraw the Bundle at any time on reasonable notice. Privacy Policy By using our Services, you authorise us to use and disclose, in the UK and abroad, information about you and your use of the Services and how you conduct your account with us for the purposes of operating your account, the direct marketing to you of BreezeMobile Technology group company products or services or as required under law. Please write to us if you do not wish to receive direct marketing information, and we will amend our records accordingly. Please read our privacy policy.