1. ABOUT US
Company details. Billmobile Ltd (company number 10083521) (we and us) is a company registered in England and Wales with a registered office at The Stables, St. Georges Terrace, Jesmond, Newcastle Upon Tyne, Tyne And Wear, England, NE2 2SU. Our VAT number is GB241165535. We operate the website hosted at www.mobilerefunds.com, through which we provide our mobile refund services (Services).
Contacting us.To contact us, please telephone us at 0333 444 3733 or e-mail firstname.lastname@example.org. How to give us formal notice of any matter under the Contract is set out in clause 13.
2. OUR CONTRACT WITH YOU
Our contact.These terms and conditions (Terms) apply to the supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
Language. These Terms and the Contract are made only in the English language.
Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
Website and Service availability. We will use our reasonable efforts to ensure that the website (and our Services) are available 24 hours a day, 365 days of the year. However, from time to time we may need to suspend access to the website to undertake maintenance or resolve any issues or errors. We will try to provide you with notice of any suspension, but may be unable to do so where the work required is urgent. If you believe that there may be an issue or error with our website, we would be grateful if you could let us know using the details set out in clause 1.
3. CREATING AN ACCOUNT
Creating and amending an Account. Before we are able to supply Services to you, you will need to create an online account with us (Account). Please follow the onscreen prompts to create this Account. You agree to keep your Account details up to date and accurate. You are able to edit your details as required by logging into your Account and following the onscreen prompts. If you require any assistance, please contact us using the details set out in clause 1.
Closing your account. You can decide at any time to close your Account and terminate our Contract, by contacting us using the details set out in clause 1. It may take us up to 7 days to close your Account. Clause 11 will then apply in regards to our respective post-termination rights and obligations (including our right to retain any remaining Balance). We may also close your Account and terminate our Contract in accordance with clause 11.
Account Details. You agree to keep your Account details (such as your username and password) confidential at all times. If you have reason to believe that your Account has been, or could be, accessed by an unauthorised third party, please contact us as soon as possible using the details set out in clause 1. For your security, we recommend that two-factor authentication is enabled on your Account at all times.
4. MOBILE REFUNDS
Mobile Refunds. As part of our Services, you may use your Account to send an online mobile refund relating to charge to mobile, Payforit, Premium SMS, Voice shortcodes, premium rate voice, non-geographic and/or DQ services (Mobile Refund) to a third party recipient (Recipient) as a credit to their mobile telephone bill. Please note that Mobile Refunds is only available on selected mobile networks, as set out on the website (Accepted Networks). If you try to send a Mobile Refund to a Recipient who is not on an Accepted Network, we will reject this and the Mobile Refund will not be sent.
Multiple Mobile Refunds. Should you wish to send multiple Mobile Refunds to different Recipients, we advise you to use the “bulk refund” option on your Account. This will allow you to enter multiple Mobile Refunds and then submit these simultaneously, which may save you considerable time to submitting them individually. Each Mobile Refund will still incur our Transaction Fee and be subject to the transaction limits set out below.
Adding Funds. To submit a Mobile Refund, you are required to add funds to your Account by credit card, debit card or BACS transfer, as further detailed on the website (Funds). Once added, Funds cannot be amended, reversed or returned to you (save for as set out in these Terms). You further agree that, once submitted, Mobile Refunds are final and cannot be amended or reversed. If you have submitted an incorrect Mobile Refund, please see the clause entitled ‘Incorrect Mobile Refunds’ below.
Balance. The balance in your Account represents the amount of Funds available for paying out as Mobile Refunds, subject to these Terms (Balance). You will not receive interest or any other earnings on your Balance. You are not required to keep a Balance at all times, but if you use the Services to make a Mobile Refund you need to have a sufficient Balance in your Account to cover the Mobile Refund amount and our Transaction Fees, as described below. You agree that your Balance will not at any time exceed £100,000.00. If you try to make a payment of Funds that will place your Balance in excess of this sum, we have the right at our sole discretion not to accept that payment.
Using Funds. Your Balance will be stored by us in your Account until:
Incorrect Mobile Refunds. Our website allows you to check and amend any errors before submitting a Mobile Refund to a Recipient. You are responsible for ensuring that your Mobile Refund is accurate. In the event that you have submitted an inaccurate Mobile Refund (for example, due to an incorrect Recipient mobile telephone number) we will be unable to cancel or amend this Mobile Refund and will be entitled to the Transaction Fee.
Acknowledging your Mobile Refund. After you have submitted a valid Mobile Refund (taking into account the restrictions set out in these Terms), your Account will confirm that it has been processed. You agree that we may hold the Mobile Refund amount as pending until it is accepted by the Accepted Network.
Set off. You agree that we may set-off against the Balance any fees, charges or other amounts you owe us (including, for example, Transaction Fees). This means that we may deduct such fees, charges or other amounts from your Balance.
5. YOUR OBLIGATIONS
Your obligations. It is your responsibility to ensure that:
Your Default. If you fail to fulfil any obligation listed above (as determined at our sole discretion) (Your Default), we reserve the right to either:
Costs and losses. We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services. It will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
6. SERVICES IN UK ONLY
You may use our Services from an address outside the UK, but each Mobile Refund must relate to a Recipient whose Accepted Network is in the UK.
We take all complaints seriously. If a problem arises or you are dissatisfied with the Services, please do not hesitate to contact us using the details set out in clause 1.
8. HOW WE MAY USE YOUR PERSONAL INFORMATION
Your personal information. We will use any personal information you provide to us to:
Recipient personal inforamtion. You will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Recipient’s personal information to us for the duration and purposes of the provision by us of the Services. This shall relate to the Recipient’s mobile telephone number and any other personal information that you may provide to us.
Disclosure of personal information. We may use information to produce reports about our Services and the Mobile Refunds submitted by our customers. We may sell or otherwise provide such reports to regulators, the Approved Networks and other network operators for market intelligence/awareness purposes, but will not provide any of your personally identifiable information without your prior express consent.
Indemnity. You shall indemnify us against all claims and proceedings and all liability, loss, costs and expenses incurred by us as a result of any claim made or brought by a data subject or other legal person in respect of any loss, damage or distress caused to them as a result of any breach by you, your employees or agents of this clause 8.
9. LIMITATION OF LIABILITY
What we cannot exclude or limit. Nothing in the Contract limits or excludes our liability for:
What we can exclude and limit. Subject to the above, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
The limit of our liability. Subject to the above, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the Transaction Fees paid by you to us in the six month period prior to such liability being incurred.
Protecting our liability. We may suspend, terminate or limit your access to your Account or our Services, and/or limit access to the Balance to the extent and for so long as reasonably needed to protect against the risk of liability if you breach these Terms or any other agreement you enter into with us.
Representations, warranties and undertakings. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
Survival. This clause 9 will survive termination of the Contract.
Duty of confidentiality. We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers (as we may disclose to each other as part of the Services), except as permitted by this clause 10.
Permitted disclosure. We each may disclose the other's confidential information:
Permitted use. Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
Termination for convenience. We may close your Account and terminate our Contract at our convenience by providing you with 30 days’ prior written notice.
Termination for cause. We may also close your Account and terminate our Contract at any time where:
Notice of closure. Where we decide to terminate for cause, we are under no obligation to provide you with notice of, or the reasons for, such termination.
Consequences of termination. When your Account is closed and our Contract is terminated:
Survival. Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will also remain in full force and effect.
12. EVENTS OUTSIDE OUR CONTROL
Liability. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
Actions to be taken. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
Termination. You may close your Account and terminate our Contract if you are affected by an Event Outside Our Control, in accordance with clause 3 and clause 11.
13. COMMUNICATIONS BETWEEN US
Email. When we refer to "in writing" in these Terms, this includes email.
Providing notice. Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
Deemed a receipt. A notice or other communication is deemed to have been received:
Formal notice. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
Assignment and transfer.
Variation. From time to time we may vary these Terms. In the event that we do so, we shall notify you (usually by email) and upload our new Terms to our website.
Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Severance. Each clause of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
What are your charges per refund?
A charge of 99p (plus VAT) per refund will be debited from your total account balance.
Do you work with all Mobile Network Operators?
At present, we are connected with EE, Three UK and O2, and are currently working on enabling Vodafone.
Can I use MobileRefunds if I’m based outside the UK?
Yes. If you’re a merchant based outside of the UK, you are still able to use our service to provide instant refunds to a recipient's mobile phone bill. Please note any network provider restrictions.
How do I add funds to my account?
You can add funds to your account balance via credit/debit payment or BACS transfer.
Is MobileRefunds secure?
Absolutely. We provide two-factor authentication, which account holders can enable or disable at any time.
Will I pay VAT?
VAT for UK-based companies is charged at the regular 20%. This is the same for companies based outside of the EU. For EU-based companies, no VAT will be added to the charge per refund.