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Treating Customers Fairly Policy
Sunshine Mobile aims to put all customers at very heart of all that we do, and as such are fully committed to providing the highest standards of client service and advice.
Our Treating Customers Fairly (TCF) policy is centered around consistently delivering fair outcomes to our customers and take responsibility for the business and staff (at all levels) providing an enhanced service to all customers based on a culture of openness and transparency.
1. What is TCF?
Treating customers fairly (‘TCF’) is vital to the operation of our service and, as part of best practice, compliance with regulatory requirements.
The following six consumer outcomes help us to understand what TCF means for our customers
Outcome 1: Consumers can be confident that they are dealing with firms where the fair treatment of customers is central to the corporate culture.
Outcome 2: Products and services marketed and sold in the retail market are designed to meet the needs of identified consumer groups and are targeted accordingly.
Outcome 3: Consumers are provided with clear information and are kept appropriately informed before, during and after the point of sale.
Outcome 4: Where consumers receive advice, the advice is suitable and takes account of their circumstances.
Outcome 5: Consumers are provided with products that perform as firms have led them to expect, and the associated service is of an acceptable standard and as they have been led to expect.
Outcome 6: Consumers do not face unreasonable post-sale barriers imposed by firms to change product, switch provider, submit a claim or make a complaint.
Our business is committed to treating all customers fairly and to providing a transparent, flexible and customer centric service. We have shaped our business by actively listening to our customers’ needs, understanding what is important to them, and delivering high quality service which meets their expectations throughout their relationship with us.
Transparency in dealings with our customers throughout our relationship is vital. We must ensure that information and documentation given to customers is compliant with relevant legislation and is not misleading. This includes everything from advertising, marketing materials and our websites, to pre- and post-contract information. This applies to both potential future customers and existing or past customers.
Customers should not be targeted with products that are clearly unsuitable for them or their needs and should not be subjected to high-pressure selling or aggressive behavior. All marketing materials should be clear and should not contain any information, which is misleading.
Throughout the course of their subscription agreement with us, the customer should be kept informed of the status of their account. Customers will be promptly notified of any missed payments. We will always encourage customers to contact us if they foresee or are experiencing any difficulties with payment. If, as a last resort, we believe it is necessary to take enforcement action, the customer will be given clear and proper notice of our intentions to do so.
3. Policy Drafting and Maintenance
The company will at all times ensure that its policies and procedures reflect its commitment to treating customers fairly. Specifically, clear and up-to-date policies and/or procedures will be maintained and enforced in respect of:
Procedures and guidelines must be in place to clearly set out the process by which affordability is assessed for both new and returning customers. The processes must ensure that the customer can afford the repayments over the term of the product.
Customers who experience payment difficulties should be treated with respect and care. Wherever possible, we will work with the customer to find an affordable and sustainable way for the customer to repay arrears. A diagnostic approach will be taken when dealing with customers in arrears, with an emphasis on identifying the cause of the arrears and exercising forbearance appropriate and proportionate to that cause.
Procedures must be followed which assist staff in identifying vulnerable customers and instruct them on how to ensure those customers are treated with care. This should include policies regarding customers with physical or mental disabilities or illness and customers who are experiencing financial difficulties.
Staff must, on request, provide a copy of the procedure for customers to understand the process. Procedures must be in place to ensure that complaints are properly identified and are handled promptly, impartially, and fairly. Clear and up-to-date records must be maintained of complaints received and root cause analysis regularly conducted to identify patterns or areas of improvement.
4. Staff Monitoring and Incentives
Staff shall be properly informed and trained on all company policies and procedures and a TCF culture of will be nurtured at all staff levels. We will encourage, remunerate, and incentivise our employees accordingly, so that the highest standards of customer service are achieved. Compliance with the company’s expected standards will be regularly monitored, recorded, and reported to senior management. Any breaches of policy or gaps in knowledge or training will be dealt with promptly and supervisors and managers will be held accountable for the performance of their staff against TCF policies.
Sunshine Mobile Terms & Conditions
SUMMARY OF KEY AIRTIME SUBSCRIPTION TERMS AND CONDITIONS
This document includes the terms on which we will loan you our loaned equipment for the supply and use of your Sunshine Mobile Digital Airtime Services.
FULL TERMS AND CONDITIONS
1. DEFINED TERMS
We have used certain defined terms throughout these Terms to make them easier to read and understand. The words and phrases set out in this clause 1 and used in the Terms have the following meanings:
1.1 Agreement means the agreement between You and Us.
1.2 Agreement Start Date has the meaning given in clause 4.2.
1.3 Airtime means the airtime digital network services and other ancillary services which We supply to You under the subscription Agreement.
1.4 Business Day means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
1.5 Charges means the charges You are required to pay under the Agreement for the subscription.
1.6 CPA has the meaning given in clause 15.
1.7 Handset means the mobile telephone handset which is loaned equipment and our property and is loaned to you at no cost under the Agreement.
1.8 Order means Your order for the Airtime and Handset via the Website.
1.9 Terms means the terms and conditions set out in this document.
1.10 SIM means the SIM (Subscriber Identity Module) card which is loaned equipment and our property and is loaned to you at no cost under the Agreement.
1.11 We, Us, and Our means Sunshine Mobile Ltd
1.12 Website means Our website at www.sunshinemobile.co.uk
1.13 You, and Your means the individual who enters into the Agreement with Us.
2. INTRODUCTION AND INFORMATION ABOUT US
2.1 The Terms apply whenever You enter into an Agreement with Us. It is very important that You read and understand the Terms before entering into an Agreement with Us. By placing an Order for Airtime and a Handset from Us, You agree that You have read and accept the Terms and that they apply to the Agreement between You and Us.
2.2 You must be aged 18 years or older and be resident in the United Kingdom in order to enter into the Agreement with Us. By placing an Order for Airtime and a Handset from Us, You agree that You fulfil this criteria.
2.3 We are Sunshine Mobile Ltd. We are a private limited company incorporated in England and Wales under registration number 11681600 and Our registered office address is at Second Floor, Jordan House, Hall Court, Hall Park Way, Telford, Shropshire TF3 4NF. Our VAT Number is 3094582682
2.4 You can contact Our customer services team in the following ways:
2.4.1 by post to PO BOX 790, Hall Court, Hall Park Way, Telford, Shropshire TF3 4NF;
2.4.2 by telephone on 0370 9988777;
2.4.3 by email at email@example.com; or
2.4.4 by using Our smart contact form on the Website at here: https://sunshinemobileltd.co.uk/contact.php
2.5 We may contact You using the postal address, telephone numbers and/or email address that You have provided to Us when placing Your Order or such other contact details You provide to Us from time to time .
3.1 You can view the Airtime subscription packages We offer on our Website. If You have any questions regarding Our Airtime subscription packages please contact a member of Our customer services team who will be happy to assist You.
3.2 Please note that:
3.2.1 the images of the Handsets on the We8bsite are for illustrative purposes only. Although We have made every effort to display colours accurately, We cannot guarantee that the device's display of the colours accurately reflects the colour of the Handsets. Handsets may vary slightly from those images;
3.2.2 products, prices, offers, tariffs and promotions are valid for the period they are displayed on the Website, and all of which are subject to availability. If any of these should change to Your detriment or become unavailable in the period after You have placed an Order with Us, We will contact You before proceeding with the Order and You will have the option to cancel the Order without payment;
3.2.3 We make every effort to ensure that the Website is kept up to date and that the information on it is accurate. However, We make no representations, warranties or guarantees, whether express or implied, that the content on Our site is completely accurate, complete or up to date; and
3.2.4 Our Website is solely for the promotion of products and services within the United Kingdom. Unfortunately, We do not accept orders from or deliver to addresses outside the United Kingdom.
4.1 You can place an Order for Your preferred subscription package using the Website. On receipt of Your Order We will send You an email setting out the subscription package that You have selected. You should check this email to ensure it accurately reflects Your Order and chosen subscription package. This email is an acknowledgement of the Order only and does not amount to an acceptance which creates the legally binding Agreement with You. You can withdraw the Order at any time before We email You Our formal acceptance of it.
4.2 Our formal acceptance of Your Order will take place when We email You to accept it. This formal acceptance will confirm the date which You have selected during the Order process for the Agreement to take effect from. The legally binding Agreement between You and Us will come into existence on that date selected by You as part of the Order (Agreement Start Date).
4.3 We will email You if We are unable to accept Your Order. We may be unable to accept the Order for many reasons including, by way of example, because:
4.3.1 the loaned equipment is out of stock;
4.3.2 the Airtime is unavailable;
4.3.3 there are unexpected limits on Our resources which We could not reasonably plan for;
4.3.4 We have identified an error in the price or description of the subscription;
4.3.5 We are unable to meet a delivery deadline that You have specified; or
4.3.6 You have already breached another agreement with Us in the past.
4.4 All orders from customers are reviewed and processed by Our orders team who may contact You for additional information where necessary. If You fail to provide this additional information We may be unable to accept the Order.
4.5 If We are unable to accept Your Order pursuant to these Terms, We will endeavour to offer You an alternative subscription package if possible.
4.6 Please note that We will only accept an Order through the Website from a web browser that permits communication through Secure Socket Layer (SSL) technology. This is to protect You and means that You cannot make an Order through an unsecured connection.
4.7 If we are unable to debit your payment on the requested date on the selected subscription plan, we will attempt to debit a payment to provide our base £20 subscription plan to ensure that we can provide you with a mobile subscription service as you have requested.
4.8 Should clause 4.7 be relevant to your initial subscription with us then you will be offered an option to upgrade your subscription plan to a higher subscription plan at a future date prior to receiving your free handset.
4.9 Additional costs will be applicable to any upgrade subscription plan if this option is chosen by you. Any additional costs due are required be paid by you prior to receiving your upgraded subscription plan and free handset.
5.1 You acknowledge and agree that the SIM card and handset is loaned equipment which is loaned to you at no cost and will remain Our property at all times under this subscription agreement.
6. DISPATCH OF SIM
6.1 We will dispatch the loaned equipment (SIM) to You to the address provided in Your Order as soon as possible after Your Order has been formally accepted by Us. It will usually take up to five Business Days for the SIM to be delivered to You. You should contact Us as soon as possible if the SIM does not arrive by the Agreement Start Date. You will be required to activate the SIM before You are able to access the Airtime. Please note that You will be unable to activate the SIM before the Agreement Start Date.
6.2 Please note that You will need to provide Your express consent to Us to provide the Airtime within the first 14 days of the Agreement Start Date. This obligation is discussed in more detail in clause 22.3 below.
7. AIRTIME USAGE
7.1 To protect You from any additional Airtime usage charges or ‘bill shock’ We will impose a maximum Airtime usage limit on Your account, this Airtime usage limit will be set at the exact limit of the tariff which you have subscribed to, and further usage will not be permitted (excluding incoming activity such as calls and texts) unless you chose to upgrade your tariff for the following 30 days plus, please see 7.4 for more information on upgrading your tariff.
7.2 Your tariff allowance is reset periodically on a monthly basis, specifically every 30 days.
7.3 Your tariff includes Unlimited UK and EU Minutes and Text allowance, and the UK and EU Data allowance is capped at the specific data limit set within your chosen tariff subscription.
7.4 Should you reach your Airtime usage limit cap, you will be able to upgrade your tariff to our Unlimited Data tariff including Unlimited Minutes and Texts for the next 30 day period, and an additional charge of £20 for this tariff upgrade will apply. Following this 30 day period, You will be automatically downgraded back to your chosen tariff level of which you originally subscribed to. You can request to upgrade your tariff by contacting Our customer services team or by logging into Your account on our Website.
8.1 The minimum duration of the subscription Agreement is 36 months from the Agreement Start Date. This means that You are legally bound to pay the subscription charges for a minimum period of either 36 months from the Agreement Start Date. Once this initial minimum period ends, We will continue to supply services to You until either You or Us ends the Agreement in accordance with our cancellation policy.
9.1 As part of the supply of the SIM and Airtime to You, We will:
9.1.1 subject to You complying with Your obligations under the Agreement, allow You access to Our network which will enable You to make or receive calls and SMS messages, and to send and receive data as well as access information via the internet;
9.1.2 open an account for You and provide You with a mobile phone number. Please note that this mobile phone number does not belong to You and may only be transferred to a third party network service provider with Our prior written permission and when You have made full and final payment for all of the charges due to Us under the Agreement. You will usually be able to move Your existing mobile phone number to Us. To do this You will to ask Your previous third party network service provider for a porting authorisation code (called a PAC), and then You will need to give this PAC to Us. Once We have verified the details of Your PAC request, We will inform You of the date on which Your existing mobile telephone number will be moved to Us;
9.1.3 use Our reasonable endeavours to ensure that Our network is available and free from defaults. However, You acknowledge and agree that We cannot guarantee Our network will be permanently available without interruption. Usual issues which affect Our network include, for example, geographic and atmospheric variations and the actions, omissions and negligence of third parties. If Our network is unavailable for any significant period of time We may, at Our discretion, credit Your Account for the subscription Charges You have paid on account of such loss of service and unavailability on a pro rata basis;
9.1.4 occasionally be required:
(a) to temporarily suspend Your access to Our network. This is usually due to reasons outside of Our control including, for example, maintenance of the network or in case of emergencies, but may also include occasions where We have reasonable belief that You are in breach of Your obligations under the Agreement;
(b) to migrate Your account from one platform to another. We will notify You if Your access to Our network will be affected by any migration; and
(c) to change the mobile telephone number We have given You. This will only ever be done for reasons beyond Our control.
9.2 Please note that the SIM and Airtime package does not include any premium rate services including, for example, directory inquiries, 087 business information lines, mobile games; competitions and quizzes; charity donations; adult entertainment, chat services, voice and video services. We will only allow access to such premium rate services if We have agreed this with You in advance. We may withdraw Your use of these premium rate services by notifying You at any time if We reasonably believe You are incurring charges You cannot afford to pay. Please note that We are not always able to restrict premium rate services and You will be liable for all premium rate service charges that are incurred on Your account. We may suspend the SIM and Airtime or terminate the Agreement if We are unable to contact You and these costs continue to be incurred.
9.3 If You report Your SIM to Us as lost or stolen We reserve the right to:
9.3.1 prevent it from being used on Our network; and
9.3.2 inform any third party network service providers of the SIM details to ensure that it cannot be used on their own networks.
9.4 We shall charge You £10 if Your SIM is lost or stolen to replace it. This charge includes all taxes and postage and packaging.
9.5 You acknowledge and agree that We cannot take responsibility for evaluating the accuracy and validity of any transactions concluded on Our network, including the purchase of any goods, services or digital content from a third party.
9.6 If a governmental body or other lawful authority orders the reallocation or change of mobile telephone numbers We may have to change Your number and in such circumstances We shall have no liability to You for the change of mobile telephone number.
9.7 We reserve the right to perform a full credit search and require you to consent to open banking access for identity verification purposes and fraud prevention.
10. SUSPENSION OF SIM AND AIRTIME
10.1 The SIM and Airtime, and Your access to Our network, may be suspended immediately if:
10.1.1 repairs, maintenance or introduction of new aspects of Our network are required;
10.1.2 We are instructed by any governmental body, emergency services or any other competent or lawful authority to do so;
10.1.3 We have reasonable grounds to believe that You have or someone on Your behalf has committed a serious breach of Your obligations under the Agreement;
10.1.4 You do anything or permit anyone else to do anything which We reasonably believe will adversely affect Our network and its availability to, or use by, other customers;
10.1.5 You fail to pay any subscription Charges by the due date for payment;
10.1.6 We have reasonable grounds to believe that You cannot or will not pay the subscription Charges by the due date;
10.1.7 You do not or no longer have a valid active debit or credit or Direct Debit set up on Your account;
10.1.8 You have exceeded the maximum credit limit on Your account;
10.1.9 We have reasonable grounds to believe that there is unusual use of the SIM or Airtime by You including, for example, the volume or destination of Your calls increases significantly or Your data usage increases significantly; and/or
10.1.10 We reasonably suspect fraudulent activity or money laundering in relation to any user of the account.
10.1.11 Where more than one user is set up on Your account the actions or suspected actions of one sole user may affect the suspension of the entire account.
10.1.12 You are liable for all charges incurred throughout the term of any suspension outside of Your SIM and Airtime, but We will suspend the subscription charges.
10.1.13 If any of the grounds for suspension set out in this agreement occur or We consider, in Our sole discretion (acting reasonably) that You are failing to comply to the Agreement, We will have the right to:
10.1.14 immediately suspend or cancel Your SIM;
10.1.15 give You written notice that You have lost the right for Us to supply You with the loaned equipment; and/or
10.1.16 terminate the Agreement.
11.1 You acknowledge and agree that handset is loaned equipment loaned to you at no cost and will remain Our property at all times.
11.2 You are responsible for keeping loaned equipment in good condition and using it properly. Whilst Sunshine Mobile Ltd remain the owner, you agree to:
11.2.1 not misuse, neglect or damage the loaned equipment;
11.2.2 not tamper with or disassemble the loaned equipment or remove or obscure any labels or markings on the loaned equipment;
11.2.3 follow our reasonable instructions regarding the loaned equipment
11.2.4 keep the loaned equipment in your home and under your control (for example you may not sell or lend it to anyone, or use it as security for a loan);
11.2.5 not dispose of the loaned equipment
11.2.6 take proper care at all times to prevent the loss or theft of the loaned equipment (we recommend you insure the loaned equipment against loss, theft or damage for the full replacement value);
11.2.7 you must not tamper with the software in the loaned equipment
11.3 We will repair or replace the loaned equipment in accordance with the manufacturers warranty at no cost to you if it becomes faulty unless:
11.3.1 you are responsible for the fault in which case charges may apply
11.3.2 we have requested that you return the loaned equipment to us and you have not done so in time
11.4 You will be responsible for faults to loaned equipment caused by:
11.4.1 misuse or neglect of, or accidental or deliberate damage to the loaned equipment
11.4.2 your failure to follow reasonable instructions regarding the loaned equipment
11.4.3 equipment which you own which has not been supplied by us
11.4.4 tampering or disassembling the loaned equipment
11.4.5 you doing anything else which is likely to cause damage to the loaned equipment, unless this is done at our request
11.6 You with Your selected loaned equipment including, for example, where the selected loaned equipment is discontinued by the manufacturer without notice to Us. In such circumstances We will contact You to discuss this and will endeavour to offer You suitable replacement loaned equipment. If You agree to receive replacement loaned equipment the subscription Charges under the Agreement may increase or decrease. We will discuss and agree any changes in the subscription Charges with You when We offer You the replacement loaned equipment.
11.7 You must contact Us as soon as possible and, in any event, no later than 48 hours after any problems with the loaned equipment become apparent.
11.8 We will deal with all replacement requests with a high priority.
11.9 We will not be responsible to exchange any loaned equipment which is faulty or malfunctions as a result of Your breach of the terms of the this Agreement.
11.10 You are responsible for returning the loaned equipment to Us.
Any replacement loaned equipment will only be dispatched once the original loaned equipment has been returned to Us. You should return the loaned equipment within 7 Days by way of recorded delivery, with the original packaging full contents included, along with original documentation. Any loaned equipment returned as faulty or malfunctioning which is found to have been subjected to wilful damage, misuse or use other than in accordance with Our or the manufacturers' instructions, neglected, overloaded, or modified adapted or repaired other than by Us, will not be exchanged and will be returned to You. It is Your responsibility to ensure the safe return of the loaned equipment
11.11 You are required to return the loaned equipment to us when we request you to do so. If you fail to return the loaned equipment within the specified time you will have breached these terms. In this case we will charge you a sum equivalent to the value of the loaned equipment at the date it should have been returned assuming the loaned equipment was kept in good condition and used properly as required under this agreement. Payment of The non-return charge does not transfer ownership of loaned equipment to you an you must still return the loaned equipment to us. If you return the loaned equipment to us within 90 days of being required to do so we will refund the non-return charge to you, less a reasonable deduction if the equipment was not kept in good condition and used properly as required under this agreement
11.12 Should you be upgrading your subscription with us after your initial subscription has ended, you are still required to return the initial loaned equipment to us, and we will not dispatch any further loaned equipment to you until we have received this loaned equipment from you.
12. INTRODUCTION PERIOD
12.1 We will retain the loaned equipment for the first 12 weeks of the Agreement from the Agreement Start Date whilst We get to know You as a Customer. Provided that:
12.1.1 You pay all subscription Charges (and any other amounts due to Us under the Agreement) during this introduction period; and
12.1.2 the SIM is used by You as Your primary mobile telephone number and shows regular and typical account activity,
12.2 If You fail to pay all Charges (and any other amounts due to Us under the Agreement) during the introduction period:
12.2.1 The introduction period We re-initiate and You will have to pay all Charges (and other amounts due to Us under the Agreement) for a continuous period of three months or 12 weeks (as applicable); or
12.2.2 We may, at Our discretion, agree to provide You with similar loaned equipment with lower subscription Charges, to be agreed with You. In such circumstances We may need to agree a new introduction period with You and, if so, You will need to comply with this new introduction period before We dispatch the loaned equipment.
12.3 We reserve the right to terminate the Agreement at the end of three months or 12 weeks (as applicable) of the Agreement Start Date if We reasonably believe that:
12.3.1 the SIM has been subjected by You to abnormal use during the first three months or 12 weeks (as applicable) of the Agreement;
12.3.2 the Agreement has been entered into by You for the purposes of defrauding Us; and/or
12.3.3 You are not able to pay, or will be unlikely to pay, the subscription Charges when due.
12.4 If We terminate the Agreement pursuant to clause 21, then:
12.4.1 No refunds shall be due for our Charges incurred for our provision of the SIM and Airtime to you under the Agreement, if 25% or less of your first monthly subscription payments are not made by you. You acknowledge and agree that this clause is reasonable given that We have supplied the SIM and Airtime package to You for the initial full month, without You passing our minimum requirements after a credit check or making 4 weekly payments to complete your first month’s subscription.
13. DISPATCH OF HANDSET & UPGRADES
13.1 We will email You when the loaned equipment (handset) is ready to be dispatched and when You should expect to receive it. Please note that any quoted delivery dates for the Handset are estimates only and We do not guarantee delivery to You by a specified date. You should contact Us as soon as possible if the Handset does not arrive by the estimated delivery date. Please note that You will need to provide Us with documentation to prove Your identity in before we dispatch the loaned equipment to You.
13.2 Within the last 6 months of your 36-months Agreement, We will contact You to confirm whether You wish to upgrade Your subscription with us.
13.3 If You confirm to Us that You wish to upgrade Your subscription;
13.3.1 We will arrange for new loaned equipment, SIM and Handset which You have selected to be dispatched to You;
13.3.2 We will request You to return the current loaned equipment, SIM and Handset to Us; and
13.3.3 these Terms will apply to the subscription of Your new loaned equipment, SIM and Handset and a new Agreement will be formed following the end of the existing Agreement save that clause 6.1 shall not apply to the new Agreement.
13.4 If You confirm to Us that You wish to end the subscription at the end of your 36 months agreement, We will arrange for the subscription agreement to end, and We will request You to return the loaned equipment, SIM and Handset to Us.
14.1 Although You are not required to, We strongly recommend that You take out and maintain appropriate insurance over the loaned equipment, Handset for its full replacement value in case it is accidently damaged, lost or otherwise stolen.
15. CHARGES AND PAYMENT
15.1 The subscription charges will be set out in Our email formally accepting Your Order and must be paid by way of debit or credit card or Direct Debit. These subscription charges shall be paid by You weekly in advance. The first payment of these subscription charges shall be paid to Us on the Agreement Start Date. By placing the Order, You authorise Us to take payment of these subscription charges (in addition to all other amounts due to Us under the Agreement) from the debit or credit card or Direct Debit details You provided during Your Order by way of continuing payment authority (CPA).
15.2 If any payment date falls on a day which is not a Business day, We will use the CPA or Direct Debit to attempt to the collect the relevant subscription Charges from You on the following Business Day.
15.3 If Your circumstances change and You have insufficient funds to make any payment of the subscription Charges when due, or if You are experiencing financial difficulties, please get in touch with Us as soon as possible so that We can discuss the options available to You.
15.4 If You fail to make a subscription payment on the relevant due date for payment, We may charge You £0.50 per day for Your subscription charges until the overdue amounts are paid and Your account is up to date. We make these fixed daily charges instead of charging You a fixed rate of interest on the overdue amounts as the fixed charges better represent what We believe are Our genuine estimated losses (including, for example, Our own bank charges and extra staff and management time incurred) in respect of Your late payment.
15.5 If You instruct Your bank or credit card company to claw back any payments made to Us, We reserve the right to charge You an amount equal to the fee charged to Us by Your bank or credit card company for initiating the claw back.
15.6 If We fail to collect any subscription Charges from You when due, We will attempt to contact You to set up a good faith debt repayment programme. If We are unable to collect overdue subscription payments pursuant to this debt repayment programme, We will contact You again to discuss Your financial circumstances and how We might be able to accommodate the difficulties You are experiencing. We will continue to attempt to contact You and collect any overdue amounts (which are not paid when due) for a period of up to 30 days.
15.7 Your account with Us will be deemed to be in default on the latest of:
15.7.1 any Charges due to Us outstanding for 30 days after the original payment date;
15.7.2 You fail to pay any Charges due to Us in accordance with any good faith debt repayment programme; or
15.7.3 if We have agreed any alternative payment structures with You, You fail to pay any Charges due to Us in accordance with that alternative payment structure.
15.8 Once Your account is in default:
15.8.1 the following amounts shall become automatically due and payable:
the total Charges for Your subscription which would have been payable had the Agreement continued for its full initial duration; and
any other amounts to be paid by You under the Agreement including, for example, fixed late payment charges, costs We incur in instructing debt collection specialists (together with any associated legal costs), claw back charges, SIM replacement charges;
15.8.2 We will instruct external debt collection specialists to see repayment of these Charges and amounts from You. We reserve the right to charge You for any costs We incur in instructing external debt collection specialists (together with any associated legal costs);
15.8.3 We may:
15.8.4 disable the loaned equipment and suspend the provision of the Airtime to You;
15.8.5 terminate the Agreement; and/or
15.8.6 issue court proceedings against You for any Charges or other amounts outstanding to Us.
15.9 We reserve the right to charge You for any costs We incur in issuing court proceedings against You (including, for example, legal costs, court charges and other associated expenses).
15.10 We reserve the right to vary the subscription Charges on an annual basis with effect from each anniversary of the Agreement Start Date including, for example, to take account of any of the following circumstances:
15.10.1 the cost of Us providing the loaned equipment and Airtime to You changes due to circumstances outside of Our control (including, for example, when third parties change the charges for their own goods and services to Us or the Government changes taxes and other charges applicable to Us);
15.10.2 We are changing the way We structure our business to ensure that We remain competitive within the marketplace; and/or
15.10.3 other costs associated with running Our business change.
If We intend to vary the Charges under this clause, We will notify You of such change not less than 30 days in advance.
15.11 You will be required to pay the subscription charges for the duration of the Agreement including, for example, during any periods:
15.15.1 You have lost or damaged Your SIM and before a replacement has arrived; and
15.15.2 Our network is temporarily unavailable. Please see clause 9.1.3 below for details of Your rights under the Agreement in the event there are serious issues with Our network.
15.16 You will be liable for all charges incurred by the use of the SIM and Airtime under this Agreement whether these charges were incurred by You or someone else with or without Your knowledge or permission.
15.17 Please note that, when using file sharing software or streaming video services, You can incur significant data usage. The SIM and Airtime packages are designed for personal, non-commercial use only and should not be used in conjunction with any fraudulent, unlawful, prohibited and/or commercial activities.
15.18 We will monitor Your usage of the SIM and Airtime package at regular intervals for the purposes of reviewing and potentially imposing maximum limits on Your account, controlling Our credit risk and Your exposure to fraudulent usage. If usage on Your account approaches the maximum limit or otherwise gives Us cause for concern, We will attempt to contact You to discuss this.
15.19 You may request to change Your SIM and Airtime package by contacting Our customer services team. Please note that You cannot lower Your weekly subscription charges within the first 36 months of the Agreement. Any other promotional tariffs may be offered and agreed to at Our discretion. If We agree to change Your subscription package, such change will take place on Your next payment date (unless We agree otherwise).
15.20 We will provide You with access to Your online account through the customer portal on the Website. We will usually only need to alter Your billing frequency where We believe You are having difficulty meeting payment deadlines or it improves Our business efficiency in doing so.
16. YOUR OBLIGATIONS
16.1 For the duration of the Agreement You agree:
16.1.1 to promptly update Us of any changes to Your personal data including, for example, Your name, address, telephone number, email address and debit or credit card details;
16.1.2 to promptly provide Us with any information or documentation (including, for example, proof of identity or address) that We may request for purposes related to the Agreement;
16.1.3 to fully comply with all guidance, instructions and directions (in each case, whether provided in writing or orally) issued by Us or a manufacturer in relation to the loaned equipment or Airtime;
16.1.4 to inform Us as soon as possible if the loaned equipment is damaged, lost or stolen;
16.1.5 to keep all passwords, passcodes, key codes and similar security PINs applicable to the Website, this Agreement, the loaned equipment or Airtime confidential at all times;
16.1.6 not to, and not allow any third party to, use the loaned equipment or Airtime for any illegal, immoral or fraudulent purposes (including, for example, making calls or texts which are threatening, malicious, discriminatory in nature or distributing viruses, worms or spam to third parties) or otherwise without Your authority;
16.1.7 to notify as soon as possible if You suspect or become aware that a third party has used or is using the loaned equipment or Airtime in an unauthorised manner. In such circumstances You should also attempt to immediately change Your passwords, passcodes, key codes and similar security PINs on Your SIM and Handset to prevent further unauthorised use by a third party;
16.1.8 not to breach or infringe the rights of any third parties which relate to this Agreement, including, for example, the intellectual property rights of the owners of software on the Handset;
16.1.9 not to do anything which might detriment Our business and reputation without having a good reason to do so;
16.1.10 to cooperate with Us in all other matters relating to this Agreement;
16.1.11 to only use the SIM We provide with the Handset. You acknowledge and agree that You may cause damage to either the SIM or Handset by using the third party;
16.1.12 not to use the loaned equipment SIM, Airtime or Handset for commercial activities; and
16.1.13 not to use or allow anyone else to use the loaned equipment SIM, Airtime and Handset for auto delivery, continuing or extensive call forwarding, telemarketing, solicitation, polling, fax or voicemail broadcasting;
16.1.14 to take precautions to keep the loaned equipment safe including, for example, to prevent any damage being caused to it or it being lost or stolen;
16.1.15 not to misuse, wilfully damage, or tamper with the loaned equipment;
16.1.16 to allow Us access to the loaned equipment if necessary so that We can comply with Our own obligations under the Agreement, including, for example, to ensure that You have access to the Airtime; and full enjoyment out of the loaned equipment
16.1.17 not to part with possession of, or otherwise sell, transfer or dispose of, the loaned equipment without Our prior written consent;
17. MONITORING AND FRAUD PREVENTION
17.1 We will monitor Your performance under this Agreement from time to time as part of Our normal practices including, for example, any issues You have in paying on time.
17.2 We undertake this monitoring primarily to detect and prevent fraud, but also to ensure that You are not getting into financial difficulties by making the payments under the Agreement. If We have any concerns We will contact You as soon as possible and may seek to exercise any of Our available rights under the Agreement.
17.3 We are permitted to embed security mechanisms within the loaned equipment for the duration of the Agreement for the purposes of detecting and preventing fraud.
17.4 You acknowledge and agree that We may temporarily suspend Your use of the loaned equipment if We have a reasonable belief that You or a third party are committing or assisting in fraudulent activities and that following Our investigations, if Our belief is founded We may terminate the Agreement.
18. INTELLECTUAL PROPERTY
18.1 The software in the Handset and all intellectual property rights in the same (Software) are owned by the manufacturer of the Handset, Us or a third party and You are being allowed to use the Software on a limited license (Licence) from the manufacturer of the Handset or Us. You agree to comply with the terms of any such Licence and to not do anything which would or may make the manufacturer of the Handset or Us be in breach of any licence of those intellectual property rights to either the manufacturer of the Handset or Us.
18.2 You acknowledge that You have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of the Licence.
18.3 During the term of Your Agreement, You must not permit Your Handset to be unlocked by any person other than Us or the Handset manufacturer. You must contact Us if You want the Handset to be unlocked from Our network.
18.4 Except as expressly set out in the Licence or as permitted by law, You agree not to:
18.4.1 copy the Software, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
18.4.2 rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs; and
18.4.3 disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent expressly permitted by law and provided that the information obtained by You during such activities expressly permitted by law:
is not disclosed or communicated without the relevant licensor's prior written consent to any third party; and
is not used to create any software that is substantially similar in its expression to the Software.
19. DATA PROTECTION
19.1 We take data protection very serious and all of Your personal data is collected, stored and used in accordance with Our customer privacy notice which can be here. Please refer to Our customer privacy notice for more details as to how We collect, store, use and transfer Your personal data.
20. LIMITATION AND EXCLUSION OF LIABILITY
20.1 We are responsible for loss or damage You suffer that is a foreseeable result of Us breaching the Agreement, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is only foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both We and You knew it might happen including, for example, if You discussed it with Us during the Order process.
20.2 Because We are dealing with You as an individual consumer and not a business customer and providing the SIM, Airtime and Handset only for domestic and private use, We shall not liable or responsible to You for any of the following types of loss or damage:
20.2.1 business loss;
20.2.2 lost business;
20.2.3 business interruption
20.2.4 missed opportunities; and
20.2.5 loss of profits or income, or otherwise for any loss or damage which is caused by something outside of Our reasonable control.
20.3 We will not be responsible for the loss, deletion or corruption of any content transmitted or maintained by Us unless this is as a direct result of Our negligence.
20.4 As Your network provider We may provide textual, visual or other information including, for example, software, photos, graphics and sounds (Content). If We provide any Content We will use reasonable endeavours to ensure that this information is correct but cannot be held liable for this as it is provided on an "as is" basis. By accepting access to the Content You accept that We cannot be held liable for any actions You take as a result of the Content.
20.5 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 the negligence of Our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for breach of Your legal rights in relation to Our supply of the SIM, Airtime and Handset to You including, for example, the right to receive the SIM and Handset which are as described and matches information We provided to You and any sample or model seen or examined by You, is of satisfactory quality, is fit for any particular purpose made known to Us, and the right to receive the Airtime with reasonable skill and care, and otherwise for defective products under the Consumer Protection Act 1987.
20.6 You agree that We are not responsible for any delay or failure to provide any of the SIM, Airtime and/or Handset at any time for reasons beyond Our reasonable control provided that We have taken reasonable steps to minimise or prevent the delay or failure. We will notify You if there is likely to be a substantial delay, being a delay in excess of 60 days, and in such circumstances You have shall have the right to terminate the Agreement provided that You notify Us of the same and have paid all outstanding Charges and other amounts owing up to termination of the Agreement.
20.7 Nothing in these Terms limits or excludes any liability which cannot legally be excluded or limited by law. Subject to the foregoing, Our total liability to You shall not exceed the Charges You have paid to Us under the Agreement. Our total liability includes but is not limited to liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement.
21. TERMINATION OF AGREEMENT
21.1 We may terminate the Agreement:
21.1.1 if any of the following clauses apply: clause 15.18, clause 9.12, clause 10.1 to 10.1.16, clause 12.1 to 12.41, clause 17.4, or clause 26.1 to 26.4;
21.1.2 if You commit a material breach of any term of this agreement which breach is irremediable or (if such breach is remediable) You fail to remedy that breach within a period of 30 days after being notified in writing to do so;
21.1.3 if You repeatedly breach any of the terms of the Agreement in such a manner as to reasonably justify Our opinion that Your conduct is inconsistent with You having the intention or ability to give effect to the terms of the Agreement;
21.1.4 if You are the subject of bankruptcy or insolvency proceedings or if You do not make payment under a court judgment or a fine or You make an arrangement with Your creditors or a receiver or administrator is appointed over any of Your assets or You go into liquidation or if You are unable to pay or We reasonably believe that You are unable to pay Your debts as they fall due; or
21.1.5 on 30 days' written notice, with such notice to expire at any time on or after the end of the initial minimum period.
21.2 You may terminate the subscription Agreement:
21.2.1 within the cooling-off period if You change Your mind in accordance with clause 22.1;
21.2.2 if We have notified You about an upcoming change to or these Terms which You do not agree to in accordance with clause 24.1;
21.2.3 if We have notified You of the likelihood of a significant delay or failure by Us to comply with Our obligations under the subscription Agreement which is caused by circumstances outside of Our reasonable control in accordance with these terms;
21.2.4 if We have otherwise materially breached the terms of the Agreement; or
21.2.5 on 30 days' written notice, with such notice to expire at any time on or after the end of the initial minimum period specified.
21.3 Without affecting Your rights under clause 22, and subject to clause 23, You may terminate the subscription Agreement at any time on 30 days' written notice to Us provided that, if this notice expires within the minimum period specified in these terms, You pay an amount equal to the total subscription Charges would You have paid had the subscription Agreement continued for the duration of the minimum period. This clause effectively gives You the option to buy Your way out of the subscription Agreement.
21.4 Should You wish to terminate the subscription Agreement in accordance with these Terms You can do so by contacting Our customer services team in any of the ways set out in clause 2.4. We will accept Your valid termination of the subscription Agreement over the telephone provided that this is followed up in writing by either You or Us.
22. COOLING-OFF PERIOD
22.1 You are entitled to cancel this subscription Agreement pursuant to Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 at any time within the first 14 days of the subscription Agreement Start Date. Should You wish to terminate the subscription Agreement in accordance with this clause, You can do so by contacting Our customer services team in any of the ways set out in these terms. We will accept Your valid termination of the subscription Agreement over the telephone provided that this is followed up in writing by either You or Us confirming the details of the cancellation. Alternatively, You can use the model cancelation form set out at the end of these Terms.
22.3 When You make Your Order, You are deemed to have expressly requested Us to begin the supply of the loaned equipment (SIM and Airtime) during the cooling off period set out in clause 22 in accordance with Regulation 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Therefore, if You wish to terminate the subscription Agreement during the cooling off period in accordance with clause 22, You will be responsible to pay Us for any subscription Charges incurred between the subscription Agreement Start Date and the date on which the subscription Agreement is terminated.
22.5 If You exercise Your right to cancel the subscription Agreement in the cooling off period after We have begun the supply of the Airtime and loaned equipment during the cooling off period in response to a request from You, then You shall be responsible to pay Us an amount for the supply of the Airtime and loaned equipment for the period during which they were supplied (ending at the time We receive notice of Your cancellation) which is equal to 25% of the amount due under your first months subscription with us and in proportion to what has been supplied to you in comparison with the full coverage of the Agreement, including the incurred subscription Charges for the SIM and Airtime. We will refund any balance owing to You as soon as reasonably practicable and, in any event, within 7 days of the date on which We receive notice of Your cancellation of the Agreement.
22.6 If You cancel the subscription Agreement pursuant to this clause 22 and We issued any loaned equipment during the cooling off period, then You must ensure that this is sent back to Us within 7 days of the date on which You notify Us of Your cancellation of the Agreement. The loaned equipment must be returned in its original packaging and full contents included, along with original documentation. We may charge You for the value of the loaned equipment up to the amount Your handling of them has diminished their value.
22.7 If You cancel the subscription Agreement pursuant to this clause 22 but do not return to Us any loaned equipment issued by Us during the cooling off period then all subscription charges for that loaned equipment shall remain payable by You as if the subscription Agreement and continued for a 36 month term.
23. EFFECTS OF TERMINATION
23.1 If the subscription Agreement comes to an end or is terminated:
23.1.1 You must immediately pay all subscription Charges incurred up to the date of termination;
23.1.2 We will immediately cease the supply of the Airtime and loaned equipment to you;
23.1.3 if the subscription Agreement is terminated within the minimum period specified You must immediately pay, in addition to any amounts payable under these terms, an amount equal to the total subscription Charges would You have paid had the subscription Agreement continued for the duration of the minimum period;
23.1.4 if the loaned equipment has not already been supplied to You, We will not dispatch it;
23.1.5 if the loaned equipment has already been supplied to You must return it to Us by way of recorded delivery as soon as reasonably practicable and, in any event, within 7 days of termination, in good condition with the original packaging full contents included, along with original documentation; and
23.1.7 if You fail to return it to Us, We will charge You an amount equal to the original value of the loaned equipment;
23.1.8 You must return any of Our other loaned equipment to Us by way of recorded delivery as soon as reasonably practicable and, in any event, within 7 days of termination, in good condition with the original packaging full contents included, along with original documentation;
23.1.9 You must immediately pay all other amounts due and owed to Us in accordance with the Agreement including, for example, fixed late payment charges, costs We incur in instructing debt collection specialists (together with any associated legal costs), claw back charges, SIM replacement charges;
23.1.10 We may take any legal steps necessary to recover the loaned equipment, which still remain Our property under these Terms at all times. Until the time of such recovery, We may disable the loaned equipment to prevent You from using them.
23.2 You authorise Us to collect all amounts due to Us under the subscription Agreement via the CPA or Direct Debit.
23.3 Following termination of the subscription Agreement, You must notify Us if You wish to port Your number to another third party network service provider as We will need to provide You with a PAC. You only have 30 days from when We issue You with Your PAC to complete the port with Your new third party network service provider or the number will expire.
23.4 Termination of this subscription Agreement shall not affect any rights, remedies, obligations or liabilities of You or Us that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination
24. CHANGES TO THE AGREEMENT
24.1 We may propose significant changes to the subscription Agreement at any time and will notify You in advance of the same in writing. You will have 30 days to decide whether or not to continue with the subscription Agreement, with the proposed significant changes, from the date on which We notify You of the same. If You do not agree with the changes You must confirm the same to Us in writing and the subscription Agreement will be terminated upon the substantial changes taking effect at the end of the 30 day period set out above. If You continue with the subscription Agreement, and We do not hear otherwise from You, then the significant changes We have proposed shall be deemed to have been accepted and shall become binding on You at the end of the 30 day period set out above and the subscription Agreement shall continue on that basis.
24.2 We may make minor changes to:
24.2.1 the subscription Agreement to reflect changes in the law, government regulation or license which affects the Our network and the SIM, Airtime and Handset;
24.2.2 ensure that all of Our customers are on the same contract;
24.2.3 to implement minor technical adjustments and improvements including, for example, to address a security threat; or
24.2.4 additional goods or services; and in such circumstances You will not be able to end the subscription Agreement because of these minor changes provided that they do not significantly impact the supply of the loaned equipment or Airtime to You to Your detriment.
25. STATUTORY RIGHTS
25.1 Nothing in these Terms is intended to or shall affect any statutory rights You have in respect of the subscription to the extent that it would be unlawful to do so, including those under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Consumer Rights Act 2015.
26. ZERO TOLERANCE OF UNACCEPTABLE BEHAVIOUR
26.1 Violence, aggression, threatening behaviour or abuse whether written (including email and text or other message communication) verbal physical psychological online on social media or in any other form and whether actual threatened or perceived towards Our employees, consultants, agents, representatives or property (Unacceptable Behaviour) will not be tolerated. To ensure that all employees, consultants, agents and representatives have the confidence that We will deal with all instances of violence, aggression, threatening behaviour and abuse in a robust manner, We have adopted a zero tolerance approach to protect them because their safety and security is of vital importance to Us.
26.2 Where We reasonably believe that Unacceptable Behaviour has been perpetrated, caused, allowed or enabled by You or by someone on Your behalf then, We have the right at Our sole discretion and with immediate effect to:
26.2.1 issue a written warning after which if any other incident of Unacceptable Behaviour is perpetrated, caused, allowed or enabled by You or by someone on Your behalf then We may take any other action set out in this clause; or
26.2.2 suspend the supply of the loaned equipment and Airtime; or
26.2.3 terminate the subscription Agreement.
26.3 For the avoidance of doubt, if We reasonably believe the Unacceptable Behaviour is sufficiently serious We reserve the right at Our sole discretion to take either of the actions specified in clause 26.2.2 or clause 26.2.3 without having issued You with a written warning.
26.4 Regardless of any other action taken by Us under this clause, We reserve the right to refer any incident of Unacceptable Behaviour to the police or any other appropriate law enforcement agency.
27.1 We aim to provide You with an unrivalled customer experience around the clock. We hope that You will never have a reason to be unhappy about any aspect of Our supply of the SIM, Airtime or Handset. However, Our customer services team is dedicated to helping You reach a resolution of any issue and so if You are not satisfied You should contact them straight away using one of the methods of communication set out in clause 2.
27.2 We will always work hard to resolve any complaint within one Business Day although there may be times where a more detailed investigation is required in which case We aim to resolve Your issue within five Business Days. In any situation where You feel Your complaint has not been resolved in full You can ask for it to be escalated to a supervisor or manager above the customer services team. If there is nobody available at the time Our customer services team will arrange a call back for You.
27.3 If You are still not happy, You should send Your complaint in writing directly to Our Head of Operations at the following address: Sunshine Mobile Ltd, PO BOX 790, Hall Court, Hall Park Way, Telford, Shropshire TF3 4NF. Please ensure that You include any reference numbers that You have been provided with, the full details of Your complaint and Your resolution requirements. We aim to resolve all written complaints within 10 Business Days and will contact You directly with the results of any internal investigations and conclusions
27.4 If We have been unable to reach an agreement with You within 12 weeks of You first complaining to Us You are entitled to take Your dispute to CISAS (Communications & Internet Services Adjudication Scheme) at the following address: Communication and Internet Services Adjudication Scheme, The Chartered Institute of Arbitrators, 24 Angel Gate, City Road, London EC1V 2PT. We may present You with a deadlock letter and refer You to the scheme earlier if We believe We have done everything We can to resolve Your complaint but have been unable to reach an agreement with You
27.5 You will also be able to get independent advice at any time by visiting Your local Citizens Advice Bureau or by calling them on 08454 040506.
27.6 Whilst We are more than happy to work with independent parties to help resolve any grievance that You may have, We would always request that You follow the process above and contact Us first so that We can resolve Your issue efficiently, with minimal disruption and inconvenience to Yourself.
28.1 This Agreement is personal to You and may not be assigned to a third party. The Agreement will be binding on Your successors or personal representatives and is not to be re-sold or otherwise distributed.
28.2 We may assign or sub-contract performance of this Agreement to a third party.
28.3 Our failure or delay to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision or prevent Us from pursuing or enforcing it in future.
28.4 If for any reason any provision of the Agreement, or any portion thereof, is found to be unenforceable, the remaining provisions of the Agreement shall continue to be valid to the fullest extent permitted by law.
28.5 We may update these Terms from time to time, so please check the then-current version before You place Your Order.
28.6 These Terms are governed by the laws of England and Wales, and You (and We) agree to submit to the exclusive jurisdiction of the courts in England and Wales.
28.7 A person who is not party to Your Agreement has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any part of the Agreement but this does not affect any right or remedy of a party which exists or is available apart from that act.
28.8 You confirm that You have the full contractual capacity to enter into the Agreement.
29. ADHOC (NON Sunshine Prizes) FREE PROMOTIONAL ITEMS
29.1 The option to purchase additional goods from our online store is provided to you via an unregulated credit agreement within the meaning of Article 60F(2) and 60L(A) of the Financial Services and Markets Act, the credit agreement is therefore not regulated by the Financial Conduct Authority. Credit is offered over a maximum term of 12 instalments and is provided at Zero (0%) APR without any additional fees.
29.2 Please note that for the purposes of Regulation 30(3) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you identify and request us to take and retain possession of the goods from the date that your order is accepted (and you have paid the initial amount in accordance with clause 30), for an introduction period of eight weeks whilst we get to know you as a customer.
30. You must pay for the goods in 12 equal instalment amounts. The initial payment will be due on the start date you selected at the time you place your order. The remaining 11 amounts will be debited on a weekly or bi-weekly basis dependant on your choice from the debit or credit card that you made the initial payment with.
30.1 If You fail to make a payment on the relevant due date for payment, We may charge You a fixed £3.99 late payment fee, per overdue period, until the overdue amounts are paid in full and Your account is up to date. We make these fixed charges as they best represent what We believe are Our genuine estimated losses (including, for example, Our own bank charges and extra staff and management time incurred) in respect of Your late payments.
30.2 If We fail to collect any payments from You when due, We will attempt to contact You to set up a good faith debt repayment programme. If We are unable to collect overdue payments pursuant to this debt repayment programme, We will contact You again to discuss Your financial circumstances and how We might be able to accommodate the difficulties You are experiencing. We will continue to attempt to contact You and collect any overdue amounts which are not paid when due.
31. Exercising your right to change your mind (Consumer Contracts Regulations 2013). You are entitled to cancel the contract pursuant to Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 at any time within the first 14 days of the contract start date (being the date on which your initial payment is made and by Our acceptance of your express consent of this contract start date). Should you wish to terminate the contract in accordance with this clause, you can do so by contacting our customer services team in any of the ways set out below:
By Phone - Call customer services on 0370 9988777
By Email - email us at firstname.lastname@example.org.
Online – Using our Online cancellation form on our website located on our website - https://sunshinemobile.co.uk/contact.php
By Post - Write to us at – Sunshine Mobile, Jordan House, Hall Court, Hall Park Way, Telford, TF3 4NF
31.1 When you place your order You are deemed to have expressly requested Us to begin the supply of your contract and equipment during the cooling off period set out in clause 29.2 in accordance with Regulation 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Therefore, if You wish to terminate the Agreement during the cooling off period in accordance with clause 29.2 we will refund any balance owing to You as soon as reasonably practicable and, in any event, within 7 days of the date on which We receive notice of Your cancellation of the Agreement.
31.2 If any additional goods outside of your SIM and Handset have not already been delivered to you, but the goods have been allocated or reserved for you by us following you making 2 or more payments, then we will refund the payments already made excluding a £20 re-stocking charge.
31.3 If you have received your goods, then the goods must be returned to us in brand new condition and unused in order to be eligible for a refund as per clause. You must either arrange for delivery of the goods to us at Jordan House, Hall Court, Hall Park Way, Telford, TF3 4NF or allow us to arrange for them to be collected from you at your cost. Please call our customer service team on 0370 9988777 or email us at email@example.com to arrange collection at your cost.
32. If you are eligible for any refund then We will refund you by the method you have used for payment within 7 working days.
33. MANUFACTURER'S WARRANTY
33. Summary of your legal rights. The Consumer Rights Act 2015 says that any goods we supply to you must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
(a) up to 30 days: if your goods are faulty, then you can get an immediate refund;
(b) up to six months: if your goods can't be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
34. Once you have paid the first eight payments due to us under clause 29.2, we will contact you with an estimated delivery date at the end of the eight-week introduction period. Please note that any such quoted delivery date for the goods is an estimate only and we do not guarantee delivery to you by a specified date. You should contact us as soon as possible if the goods do not arrive by the estimated delivery date and;
34.1 if you fail to pay the first eight payments due to us under clause 29.2, we will contact you to discuss why you have not been able to make the necessary payments.
34.2 We will monitor Your payment profile at regular intervals for the purposes of reviewing Your account, and controlling Our credit risk. If Your account gives Us cause for concern based on your payment profile We may request to either extend your introduction period prior to receiving your equipment, or offer you alternative equipment or a refund in full after the initial eight-week introduction period, in either case will attempt to contact You to discuss this and agree with you. If We agree to change Your agreement equipment, such change will take place on Your next payment date (unless We agree otherwise).
34.3 If Your selected equipment including, for example, where the selected equipment is discontinued by the manufacturer without notice to Us. In such circumstances We will contact You to discuss this and will endeavour to offer You suitable replacement equipment or offer you a full refund. If You agree to receive replacement equipment the Charges under the Agreement may increase or decrease. We will discuss and agree any changes in the Charges with You when We offer You the replacement equipment.
34.4 If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
34.5 If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.
34.6 If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs.
34.7 The goods will be your responsibility from the time the goods are delivered to the address you gave to us for delivery purposes.
35. LINE RENTAL DISCOUNT
35. Line rental discount promotions are applied when you qualify for your chosen handset and this is dispatched.
36. Line rental discount promotions are applied to the final 12 months of your agreement
These Terms were last updated on 24th February 2023 and are the copyright of Sunshine Mobile Ltd.
Sunshine Prizes Membership Prize Draw Terms and Conditions
By registering as a Sunshine Prizes Member you are agreeing to these Prize Draw Terms and Conditions.
This Prize Draw is being run by Sunshine Prizes Ltd in partnership with Sunshine Mobile.
Eligibility to Enter
1. This monthly prize draw is open to entrants over 18 years of age. (Sunshine Prizes Ltd staff members are excluded from the draw).
2. By entering the prize draw, you confirm that you are eligible to do so and eligible to claim any prize you may win.
How to Enter
3. The prize draw will include all new and existing members who have successfully made their membership payment by 4pm on the day of the prize draw.
4. Entries after that time and date will not be included in that prize draw, and instead included in the following prize draws.
5. To enter the prize draw simply become a Sunshine Prizes Member via our website:
7. Submit 1 postal entry for free by post to: Sunshine Prizes Ltd, Jordan House, Hall Court, Hall Park Way, Telford, TF3 4NF.
8. Sunshine Prizes Ltd will not accept responsibility if contact details provided are incomplete or inaccurate.
9. Sunshine Prizes Membership is charged at £19.99 bi-weekly upon sign up, and your membership is renewed at £19.99 on a bi-weekly basis thereafter unless your membership is cancelled by you.
How to Cancel
10. Sunshine Prizes Membership can be cancelled by:
Calling us on: 0370 9988777
Emailing us at: firstname.lastname@example.org
Live chat on our website: www.sunshinemobile.co.uk
11. Membership entries that have been debited and entered into the current monthly prize draws are unable to be cancelled or refunded after that point.
12. Future entries prior to any debit are able to be cancelled, therefore you will not be debited or entered into the next prize draw and your membership will be cancelled immediately.
13. The prize draws will take place on the last working day of the month at 5pm.
14. The Sunshine Prizes Membership Prizes are as follows:
The ‘Cash Prize’ will be a Tax-Free Cash sum of £500.
The ‘Tech Prize’ will be a selection of complimentary tech compatible with your mobile device, such as, a Samsung Smartwatch and Headphones.
15. Whilst you are an active Sunshine Prizes Member, we will also provide the following inclusive benefits to you completely free of charge:
Access to our Early Upgrade product at any point, to upgrade your existing contract from the 50% tenure point on. 10% discount for a ‘refer a friend’ reward.
16. The prize winners will be drawn completely at random by Sunshine Prizes Ltd.
17. The prizes are non-exchangeable and non-transferable.
18. We reserve the right to substitute prizes with another prize of equal or higher value if circumstances beyond our control make it necessary to do so.
19. Sunshine Prizes Ltd reserves the right to postpone any prize draw to a nearby date (within 4 weeks). As a result of us doing so, we will notify you via email prior to that scheduled prize draw date, whereby your entry will be automatically included in the next prize draw, or offered a full refund for your entry.
20. The decision of Sunshine Prizes Ltd regarding any aspect of the prize draw is final and binding and no correspondence will be entered into about it.
21. The winner will be notified after the draw via the email to the email address provided during membership or postal registration.
22. Sunshine Prizes Ltd will attempt to contact the winner by email three times.
23. If the winner does not respond to the emails notifying them of their win within 14 days of the second email, they will lose their right to the prize, and Sunshine Prizes Ltd reserves the right to choose and notify a new winner.
Receipt of the Prizes
24. Please allow up to 14 days for delivery of the prize.
25. Sunshine Prizes Ltd will deliver your prize to your chosen address, or transfer the prize via BACS to your chosen bank account.
26. Sunshine Prizes Ltd accepts no responsibility if the bank details you provide to us are incorrect for any reason.
Data Protection and Publicity
27. You consent to any personal information you provide in entering the prize draw being used by Sunshine Prizes Ltd for the purposes of administering the prize draw, and for those purposes as defined within our privacy notice.
28. All entrants may apply for details of the winning participant by contacting us at email@example.com or firstname.lastname@example.org
29. The winner agrees to the release of their first name to any other prize draw participants if requested via Sunshine Prizes Ltd.
30. An announcement of the winners first name may be made via our Sunshine Prizes Ltd website.
31. Should you agree to a video call with us, a recording of this call may be posted on our website
32. All personal information shall be used in accordance with our Sunshine Prizes Privacy Notice.
33. Sunshine Prizes Ltd does not accept any liability for any damage, loss, injury or disappointment suffered by any entrants as a result of either participating in the prize draw or being selected for a prize.
34. Sunshine Prizes Ltd does not provide any form of practical or IT support for this prize. On receipt, all responsibilities relating to warranty and the product are that of the prize winner.
35. Sunshine Prizes Ltd reserves the right to cancel the prize draw or amend these terms and conditions at any time, without prior notice.
36. The prize draw and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
These Terms were last updated on 9th November 2023 and are the copyright of Sunshine Mobile Ltd.
means an account required to access and/or use certain areas and features of Our Site;
means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below
means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998 or after 25th May 2018 EU Regulation 2016/679 - the General Data Protection Regulation ("GDPR")
means Sunshine Mobile Ltd, a limited company registered in England and Wales under registration number 11681600 and located at Jordan House, Hall Court, Hall Park Way, Telford, TF3 4NF. Our VAT Number is 309458682.
2.1 Our Site is owned and operated by Sunshine Mobile Ltd, a limited company registered in England and Wales and whose registered address is located at Jordan House, Hall Court, Hall Park Way, Telford, TF3 4NF
2.2 Our Data Protection Officer can be contacted by email at email@example.com, or by post at the address above.
2.3 We are registered with the Information Commissioner's Office and our Data Protection Licence number is ZB305693.
4.1 As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
4.2 If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK's supervisory authority, the Information Commissioner's Office.
Information Commissioner's Office
Telephone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number.
4.3 For further information about your rights, please contact the Information Commissioner's Office or your local Citizens Advice Bureau.
5.3 business/company name (if applicable);
5.5 job title;
5.6 contact information such as email addresses and telephone numbers;
5.7 IP address;
5.8 web browser type and version;
5.9 operating system;
5.10 last 5 digits of payment card;
5.11 a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to;
6.1 Personal Data about our customers is an important part of our business and we shall only use your Personal Data for the following purposes and shall not keep such Personal Data longer than is necessary to fulfil these purposes:
6.3. We may allow other people and organisations to use Personal Data we hold about you in the following circumstances:
6.5. In connection with any transaction which we enter into with you:
6.3 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and/or telephone and/or post with information, news and offers on Our products and/or services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
6.4 Any Third parties content which may appear on Our Site from time to time may use third party Cookies, as detailed below in section 13. Please refer to section 13 for more information on controlling Cookies. Please note that We do not control the activities of such third parties, nor the data they collect and use and advise you to check the privacy policies of any such third parties.
6.5 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.
6.6 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
7.1 We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
7.2 Your data will only be stored in the UK.
7.3 Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
7.4 We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
8.1 Notwithstanding section 8.4 and 8.5, We will not share any of your data with any third parties for any purposes
8.2 We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In all of these cases however, the third parties will not have access to any of your data.
8.3 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
8.4 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
8.5 In order to process your application, we will perform credit and identity checks on you with one or more Credit Reference Agencies (CRAs). We may also carry out further periodic searches at CRA’s to allow us to manage your account with us.
To do this, we will supply your personal information to CRAs. This will include your name, date of birth and residential address. It may also include additional information such as your salary, previous residential addresses and other information you provide as part of your credit application.
The CRAs will match this information to the records they hold about you, and provide in return, both public information (including the electoral register) and shared credit information in relation to your financial situation and financial history.
CRA’s will supply to us both public (including the electoral register) and shared credit, financial situation and financial history information and fraud prevention information.
We will use this information to:
We will continue to exchange information about you with CRA’s while you have a relationship with us. We will also inform the CRA’s about your settled accounts. If you borrow and do not repay in full or on time, CRA’s will record the outstanding debt. This information may be supplied to other organisations by CRA’s
When CRA’s receive a search from us they will place a search footprint on your credit file that may be seen by other lenders.
If you are making a joint application, or tell us that you have a spouse of a financial associate, we will link your records together, so you should make sure you discuss this with them, and share with them this information, before lodging the application. CRA’s will also link your records together and these links will remain on your and their files until such time as your partner successfully files for a disassociation with the CRA’s to break the link.
The identities of the CRA’s, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRA’s are explained in more detail at www.equifax.co.uk/crain
9.2 In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will not, however, be given the choice to have your data deleted or withheld from the new owner or controller.
10.1 In addition to your rights under the GDPR, set out in section 4, when you submit personal data via Our Site, you may be given options to restrict Our use of your data. As we only use any personal data that you give us for the purpose of managing your account and as required by contract. We will not be using your data for marketing purposes
11.1 You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
You have the right to ask for a copy of any of your personal data held by Us (where such data is held. Under the GDPR, no fee is payable, and We will provide any and all information in response to your request free of charge. Please contact Us for more details at dataprotection@Sunshinemobile.co.uk, or by using the contact details below in section 14
13.2 All Cookies used by and on Our Site are used in accordance with current Cookie Law.
13.3 Before Cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.
13.4 Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be "strictly necessary". These Cookies are shown below in section 13.6. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser's settings as detailed below in section 13.10, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
13.5 The following first party Cookies may be placed on your computer or device:
|Name of Cookie
|Purpose & Type
|Tracking user navigation around site
13.6 Our Site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
13.7 The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
13.8 fIn addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your devics:
|Name of Cookie
|Purpose & Type
|Analytics - used to distinguish users
|Analytics - used to distinguish users
|Analytics - used to throttle request rate.
|Contains a token that can be used to retrieve a Client ID from AMP Client ID service
|30 seconds to 1 year
13.9 In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
13.10 You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
13.11 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.