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Terms and Conditions for using Eternal Communications

All the things that you need to know now that you are using our service

 

If you want a copy of these terms in an alternative format such as Braille or large print, contact our Customer Service team

Activating your SIM or using a physical Mobile Broadband product with any SIM (including one that was not purchased via Eternal Communications) means that you accept these terms.

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1 Who’s who and what’s what

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1.1 When we say:

(a) ‘we’, ‘us’ or ‘our’, we mean Eternal Communications Ltd

(b) ‘you’ or ‘your’, we mean you, the customer

(c) ‘agreement’, we mean your agreement with us.

1.2 The glossary, found at the end of these terms, lists some useful definitions we use in these terms.

 

2 About your agreement

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2.1 Your agreement is made up of these Terms and Conditions. Additional terms may apply to any promotional or special offers from time to time.

2.2 Your agreement is personal to you. You’re obliged to do what you’ve contracted to do, unless we write and say you can do something outside this agreement. Unless we give you permission (acting reasonably), you can’t pass your rights or responsibilities to anyone else – even if we give you more than one SIM or you give your device to others. It’s your responsibility to make sure the SIMs are only used to access our service, as permitted in this agreement.

2.3 This agreement doesn’t cover:

(a) Products or services you buy while using our service; or

(b) The supply of your device (Eternal Communications does not supply devices and manufacturers aren’t related to us).

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3 Variations to your agreement or prices

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3.1 We may vary any of the terms of your agreement, including our Plans, or prices, on the following basis:

(a) Any updated Plans and new terms will be available on our website, on our Amazon/Ebay stores. or by request to our Customer Service team;

(b) We’ll let you know at least one month in advance if we decide to:

(i) discontinue your Plan; or

(ii) make any variations to your agreement which are (in our reasonable opinion) likely to be of material detriment to you.

3.2 You’re free to stop using our service if we make such variations, but if you carry on using our service after any variation or change, you’ll be deemed to have accepted the variation.

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4 What we’ll provide for you – a phone number and SIM

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4.1 We’ll create an account for you and provide you with a SIM and a phone number.

4.2 Each SIM remains our property at all times. You’re being allowed to use the SIM by us on a limited licence to enable you to access our service, in accordance with the terms of this agreement. We may recall the SIM(s) at any time for upgrades, modifications, misuse or when your agreement ends. You can only use the SIM to obtain service from us.

4.3 Each SIM may only be used in devices which are enabled for our service and are authorised by us for connection to our partner networks. Any attempt to use the SIM in other devices may result in serious damage to the device and may prevent you from being able to use it, including the making of emergency calls. In these instances, we are not responsible for any such damage or usage problems.

4.4 If you’re a phone customer, you can move your existing number to us with a Porting Authorisation Code (PAC). Once we’ve verified these details, we’ll tell you the date when your number will be moved. If the move is delayed and is our fault, you may be entitled to compensation in the form of a one-off reimbursement of a portion of your charges. Contact our Customer Service team to find out more.

The service

4.5 Once you’re connected to Eternal Communications:

(a) We’ll provide you with access to our partner services.

(b) Premium Services (including but not limited to premium SMS, premium voice, short codes, carrier billing (also known as charge to bill or pay for it) are not available with Eternal Communications.

(c) You can make free calls to emergency services from your phone by calling 999 or 112.

(i) when you’re outside of our coverage area in the UK, your phone will try to locate another mobile network so that you can try to contact the emergency service (however, neither your mobile telephone number or your location data will be transmitted in these circumstances).

(ii) emergency service calls cannot be made using Skype (or certain other voice over IP services) on your phone – if you do wish to call the emergency services, you’ll need to make a normal voice call from your phone.

(iii) if you have difficulties hearing or are speech impaired and you need emergency assistance, you can send a text message with details of your location to 999 or 112 – the text will be converted and passed to the appropriate emergency service but you’ll need to register your phone before you can use this service – details on how to do this are available at emergencysms.org.uk

(d) If you have a device, other than a phone, capable of making telephone calls, you may be able to use this to make free calls to Emergency Service in the UK by calling 999 or 112, however your Location Data may not be transmitted to the emergency service in these circumstances.

4.6 You may also be able to upload and send your own content using our service. You grant us an irrevocable, royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any content you upload. All content will be dealt with in line with our privacy policy.

4.7 We may:

(a) Change or withdraw some, or part, of our services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content. Depending upon the changes that are made, you may have a right to end this agreement, as explained in Sections 4 and 10.

(b) Also change how our services are presented and delivered to your device or are otherwise made available to you. We can change the way they’re presented, delivered or otherwise made available to you at any time.

Limitation of Eternal Communications service

4.8 We’ll always try to make our partner services available to you. However, services are only available within operator coverage area in the UK. Within this, there may be areas where you don’t have access to all of operator services, or where coverage is otherwise limited or unavailable. For more information about coverage, take a look at our FAQ’s for operator specific coverage checking

Disruption to Eternal Communications Services

4.9 There may be situations when our services are not continuously available or the quality is affected, so we can’t guarantee continuous fault-free service. For instance:

(a) When the networks perform upgrades, maintenance or other work

(b) When you move outside of the networks 4G service area while you’re on a call (in this case calls may not be maintained);

(c) When you’re in areas not covered by our network and;

(d) Because of factors outside our control, such as the features or functionality of your device, regulatory requirements, lack of capacity, interruptions to service from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.

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5 What you’ll do in return Personal Security

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5.1 As we own the SIM and it remains our property, you must ensure that you keep the SIM safe and secure while it’s in your possession and you must ensure that you’re able to return it to us, if required.

5.2 You must keep all PINs and passwords secure and confidential.

5.3 You should immediately change your PIN or password if you become aware that someone is accessing service on your account without your permission.

Responsible use – How you use our service

5.4 You may only use Eternal Communications:

(a) As laid out in this agreement; and

(b) For your own personal use. This means you must not resell or commercially exploit any of our services or content.

5.5 You must not use Eternal Communications Services, the SIM or Eternal Communications phone number or allow anyone else to use our services, the SIM or Eternal Communications phone number for illegal or improper uses. For example:

(a) For fraudulent, criminal or other illegal activity

(b) In any way which breaches another person’s rights, including copyright or other intellectual property rights

(c) To copy, store, modify, publish or distribute our services or their content, except where we give you permission

(d) To download, send or upload content of an excessive size, quantity or frequency. We’ll contact you if your use is excessive.

(e) In any way which breaches any security or other safeguards or in any other way which harms or interferes with our network, the networks or systems of others or our services; or (f) To use or provide to others any directory or details about our customers.

5.6 You must co-operate with us and follow our reasonable instructions to ensure the proper use and security of your account. This includes (but is not limited to) any instructions from us to update the settings on your device in which you’re using our SIM.

5.7 If anyone makes, or threatens to make, any claim or issue legal proceedings against you relating to your use of our services, you’ll notify us of this immediately and, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) inwriting.

5.8 We may publish an acceptable use policy and a traffic management policy which will provide more details about the rules for use of certain our Service in order to ensure that:

(a) The use of our service is not excessive;

(b) To combat fraud; and

(c) Where the service we offer, or may introduce, require certain rules to ensure they can be enjoyed by our customers. If we publish a policy, we’ll let you know. Such a policy may be amended from time to time, for instance, if we discover that our service is being used for fraudulent purposes, or excessive use of our service is causing problems for us, our systems, or for other users, or if we introduce new services which require certain rules to ensure that such new services can be enjoyed by our customers. Again, we’ll let you know if this happens.

Responsible use – How you use the Messaging Service

5.9 While using the Messaging Service, you must not send or upload:

(a) Anything that is copyright protected, unless you have permission

(b) Bulk or commercial communications or other unauthorised communications, or knowingly send any viruses; or

(c) Anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.

5.10 We may put limits on the use of certain services, such as Messaging Services. For example, we may limit the size of messages or storage space.

5.11 While we have no obligation to monitor the Messaging Service, if you use the service in a manner that we deem contrary to normal consumer activities, we reserve the right to stop your service without notice. You may still be charged for any content which is blocked or removed.

Responsible use – How you use Age Restricted Service

5.12 If you’re under 18, you’re not permitted to access our Age Restricted Service. If you’re 18 or over and you access the Age Restricted Service, you must not show or send content from the Age Restricted Service to anyone under 18. You must also ensure that you have deactivated any access to Age Restricted Service if you let anyone under 18 use your device.

5.13 You accept that we cannot control access to Age Restricted Services obtained over WiFi.

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6 Your Rights – Complaints

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6.1 If you’re unhappy about any aspect of our service, you should contact Customer Services.

6.2 We’ll investigate any complaint in accordance with our customer complaints code, after which we’ll contact you with the results. A copy of our customer complaints code can be viewed on our website at Eternal Communications.co.uk/complaints or you can request a copy by contacting Eternal Communications. If we are unable to resolve your complaint, you may, depending on the nature of your complaint, be entitled to ask Ombudsman Service: Communications to consider your complaint for you. Their website address is: ombudsman-services.org Alternatively, if your complaint is about a purchase you made online and we have been unable to resolve your concerns through our complaints process, you can submit your complaint through the European Commission’s online dispute resolution platform, which can be found at the following website address: ec.europa.eu/consumers/odr/

6.3 See Section 12 for information about data protection and privacy complaints.

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7 Our Rights – Intellectual Property

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7.1 All rights, including copyright in our service and their content, belong to us, or our licensed source, such as a content provider. We reserve all our rights.

7.2 The ‘Eternal Communications’ branding including all related images, logos and names on our service are proprietary marks of our group of companies. We reserve all our rights.

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8 Suspension of your service

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8.1 We may Suspend any or all of our services you use without notice if:

(a) We reasonably believe you have provided us with false or misleading details about yourself as set out in Section 12;

(b) We advise you that your excessive use of our services (as may be defined in accordance with Section 5.8 above) is causing problems for other users, and you’re continuing to use our services excessively;

(c) We believe your SIM has been lost, stolen or is being used in a way not permitted by this agreement;

(d) We reasonably believe that you have used our services, the SIM(s) or a Eternal Communications phone number for illegal or improper purposes in contravention of our responsible use requirements in Section 5 above;

(e) We receive a serious complaint against you which we believe to be genuine (for example, if we receive a complaint that you’re using our services in any of the ways prohibited in Sections 5.5, 5.9 and 5.12). If this happens, we’ll deal with the complaint in the manner set out in Section 6; or

(f) We’re required to suspend your service by the emergency services or other government authorities.

8.2 If we suspend any or all of your services, you’ll still be able to make emergency calls (unless they’ve been suspended at the request of the emergency services).

8.3 If your service is suspended, we may agree to re-connect you if you ask us to do so and there may be a re-connection charge for this.

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9 Ending this agreement and Disconnection of your service

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9.1 You may end this agreement by stopping your use of service at any time.

9.2 We may end this agreement in the following ways:

(a) 30 days post activation of your sim your agreement will expire, unless you have contacted Eternal Communications to state otherwise

(b) Recurring Billing. We can end this agreement by giving you at least 30 days’ notice. Your agreement will finish at the expiry of the 30 day notice period or a later date which we specify.

(c) Because of your conduct. In the following cases, we may end your agreement immediately:

(i) if we have the right to Suspend your service on any of the grounds in Section 9 and we believe that the grounds are serious and have not been, or are unlikely to be, rectified;

(ii) if we believe that your communications or actions with regard to our Customer Support or any of our retailers or agents, or your use of our service, are jeopardising the operation of the networks, or are of an unacceptable nature; or

(iii) in the event of your death.

(iv) where you have used the service in a way not consistent with the ordinary use of a consumer.

9.3 No network access for our service. We may end your agreement if we are no longer able to provide our service due to factors beyond our control or because we cease business. If reasonably possible under these circumstances, we’ll endeavour to provide you with such notice as is practical.

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10 Effect of this agreement ending

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10.1 If this agreement ends, we’ll close your account and Disconnect you and you’ll not be able to use our service. In addition, you’ll lose your phone number unless you have made a request for your number to be ported prior to Disconnection.

10.2 If we end the agreement due to your conduct, then any unused allowances will be forfeited.

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11 Liability – Limits on our liability

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11.1 All of our obligations to you relating to our service are set out in this agreement. If you wish to make any variations to this agreement or rely on any other term, you must obtain our agreement to the variation or term in writing.

11.2 Except as set out in 11.3:

(a) All other terms, conditions and warranties relating to our service are excluded;

(b) Our entire liability to you for something we do or don’t do will be limited to £3,000 for one claim or a series of related claims; and

(c) We are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of our service. We are not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement.

11.3 Nothing in this agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which can’t be limited or excluded by applicable law. If you’re a consumer, the terms of this agreement will not affect any statutory rights which you have, which cannot be excluded by this agreement. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

Our service – areas where we have no responsibility

11.4 We’ll try to ensure the accuracy, quality and timely delivery of our service. However:

(a) We accept no responsibility for any use of, or reliance on, our services or their content, or for any disruptions to, or any failures or delays in, our service. This includes, without limitation, any alert service or virus detection service; and

(b) Subject to Section 11.3 we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error free nature, compatibility, security or fitness for purpose of our service or their content. They’re provided to you on an ‘as is’ basis; and

11.5 We’ll not be liable:

(a) For any loss you may incur as a result of someone using your PINs or passwords, with, or without, your knowledge; or

(b) If we cannot carry out our duties, or provide our service, because of something beyond our control.

Others’ content and service – areas where we have no responsibility.

11.6 You may be able to use our service:

(a) To upload, email or transmit content using our service; and (

b) To access content which is branded or provided by others and to acquire goods and service from others. Where we provide you with such access, all we do is transmit the content to you and we do not prepare or exercise control over the content, goods or service. We are not responsible or liable in any way for, and do not endorse, any of this content, goods or service.

11.7 This Section 11 will apply even after this agreement has ended.

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12 Privacy Notice and Your Information

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12.1 We’ll only use your personal information in accordance with this notice and applicable UK data protection and privacy legislation. Please read all of this notice and feel free to contact us at the address below with any questions.

12.2 Whenever you provide us with personal information about yourself you agree that it will be true, complete and accurate. You must tell us if this information changes.

12.3 If you provide us with information about another individual you must have their agreement to do so or be acting with legal authority.

12.4 If we reasonably believe that you have supplied us with false or inaccurate information, or if we suspect fraud, we may delay your connection or suspend your access to our service until an investigation has been completed to our satisfaction.

12.5 ‘Your Information’

(a) By ‘Your Information’ we mean information that you give us or that we obtain about you as a result of any application or registration for, and use of our service. It may include your name, telephone number, email address, marketing organisations and those who provide service to us, and may include information from other countries.

(b) While you’re a customer of ours, we’ll also acquire and process information about your use of our service, including Location Data, your Communications Data, your phone telephone number, the unique code identifying your phone and SIM, and your account information including contact history notes.

(c) Some of the information we collect about you may be classified as ‘sensitive’ (such as visual or hearing impairments) and we’ll ask your permission if we wish to use or share this information.

12.6 Use of ‘Your Information’

We may process ‘Your Information’ for a number of purposes including:

(a) Account and Service Management

(i) to process applications, registrations or orders made by you, to create and administer accounts, to calculate and charge for our service, to produce any necessary invoices or billing statements, and to provide customer service including the management of any complaints or queries. Our legal basis we rely on to process your information in this way is our legitimate interests in order for us to manage our relationship with you;

(ii) to supply any products, service or information requested by you and/or which we may provide. Our legal basis for doing this is our legitimate interests in order for us to manage our relationship with you;

(iii) Billing management which may involve the use of your information. We deploy a balance of technical, logical and security controls to protect the processing of your information on the Eternal Communications networks. Our legal basis we rely on to process your information in this way is our legitimate interests in order for us to manage our relationship with you;

(iv) to update your device remotely ‘over the air’ with software updates and to investigate and resolve any service related queries made by you. Our legal basis we rely on to process Your information in this way is our legitimate interests in order for us to manage our relationship with you;

(v) to process data revealing the geographic location of your device in order to provide location based service requested by you and which may be provided by us or by third parties on behalf of us, or where you request location based service directly from third parties. Your location data will be transmitted when calling the emergency services from your phone within our coverage area in the UK. However, if you call emergency services when you’re outside our coverage area in the UK, your telephone number and your location data will not be transmitted. If you call emergency services in the UK but using device other than a phone, such as a Tablet, with calling capability, your location data will not be transmitted. If you’re roaming abroad and need to make to call emergency services, you’ll need to dial 112 which is recognised by most mobile operators worldwide – this will connect you to the local emergency services. Our legal basis we rely on to process Your information in this way is for performance of contractual obligations between you and us;

(vi) we may monitor and record calls and messages from you and our Customer Support for training and quality purposes. Our legal basis we rely on to process Your information in this way is our legitimate interest and/or to enable us to improve and develop our business operations and services;

(vii) please be aware that when you call our Customer Support team, your phone number will automatically be presented to our Customer Support so that we are able to provide you with integrated customer service and for security purposes. Our legal basis we rely on to process Your information in this way is our legitimate interest and/or to enable us to improve and develop our business operations and services;

(b) Marketing and keeping you informed

(i) to carry out analysis of your information, in order to develop our relationship with you, to develop and personalise our services and to present and deliver these to your device. Our legal basis we rely on to process Your information in this way is our legitimate interest and/or to enable us to improve and develop our business operations and services;

(ii) to keep you informed about our services, developments, pricing, special offers, and any discounts or awards which we believe may be of personal interest to you, or which you may be entitled to. We may keep you up to date directly to your device, and by post, telephone and by electronic messaging such as phone text and picture message, email voice, audio and videomail subject to any preferences indicated by you. You can contact us at any time to ask us not to use your location or Communications Data’ for marketing purposes or if you would prefer not to receive direct marketing information. Our legal basis we rely on to process Your information in this way is our legitimate interests and/or your consent.

(iii) to tell you about the products and special promotions of carefully selected partners (subject to your preferences) and allow you to receive advertising and marketing information from them but without passing control of your information to the third party concerned. You can update your preferences at any time as described above. Our legal basis we rely on to process Your information in this way is our legitimate interests and/or your consent.

(iv) to carry out market research;

(v) to carry out activities necessary to the running of our business, including system testing, network monitoring, staff training, quality control and any legal proceedings. Our legal basis we rely on to process Your information in this way is for our legitimate interests in order to conduct and manage our business, for the performance of our contract between you and us; or in connection with legal proceedings (i.e. the establishment, exercise or defence of any legal claims);

(vi) to carry out any activities or disclosures to comply with any regulatory, government or legal requirement;

(vii) we may share your information with other members of our group of companies, and with our, or their, partners, associates, agents and contractors who provide services to us, and for the purposes of pursuing our legitimate interests, including people who are interested in buying our business. These may include people and companies outside the European Economic Area (the ‘EEA’) which consists of the European Union Member States together with Iceland, Liechtenstein and Norway;

(viii) we may also use data processors – some of whom may be based outside the EEA– to process data on our behalf and who provide specific service to us and our group of companies. Certain services may be provided by our suppliers in India. If we do this, we’ll ensure that your information is processed to the same UK standards adopted by us;

(ix) we may retain your information for as long as is necessary for the purposes detailed in this notice and until charges for service cannot be lawfully challenged and legal proceedings may no longer be pursued. Generally, we’ll keep your communications data for up to one year. Your account information will be kept after your relationship with us ends to comply with legal and regulatory obligations.

12.7 When you make a call, the calling line identity (CLI) of your phone (your phone number) will be displayed on the phone of the person you call. If you do not wish your CLI to be displayed and/or transmitted, you should consult your phone user guide or contact Customer Service. Your CLI cannot be blocked when calling the emergency service, or when sending a text, picture, or video message.

12.8 You must keep any passwords and PIN numbers relating to your account and our service safe and secure. You must not share them with anyone else. If you find or suspect that anyone else knows your passwords or PIN numbers, or can guess them, you must contact us immediately via webchat ask us to change them. This is your responsibility.

12.9 You have the right to obtain a copy of the personal data which we may hold about you. Please write to the Data Protection and Privacy Officer, Eternal Communications Ltd., Teleport Station, Great North Road, Brookmans Park, Hertfordshire, AL9 6NE. Alternatively, email: admin@eternalcomms.co.uk. We may ask you to provide proof of your identity and residence and may charge £10 to cover our administrative costs.

12.10 If you have any questions about this notice or the way in which your information is processed, please contact the Data Protection and Privacy Officer, by writing or sending an email to the above addresses.

12.11 If we change this notice we’ll post the amended version on our website, so you always know how we’ll collect, use and disclose your information. See Eternal Communications.co.uk

Where will we transfer Your Information

12.12 Your Information will be processed both within and outside the European Economic Area (EEA).Where we transfer Your Information outside of the EEA, we will implement appropriate and suitable safeguards to ensure that such personal information will be protected as required by applicable data protection law. These measures generally include:

a) Commercial terms to safeguard the processing of Your Information.

b) Technical security standards commensurate the nature of data being processed. For further information as to the safeguards we implement please contact our Data Protection Team at the contact details set out in section 12.9.

Your Rights

12.13 You have certain rights with respect to Your Information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. You can exercise these rights using the contact details set out in section12.9.

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Summary of your rights

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Right of access to your personal information

You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions.

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Right to rectify your personal information

You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.

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Right to erasure of your personal information

You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation.

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Right to restrict the use of your personal information

You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.

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Right to data portability

You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e. electronic) means.

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Right to object to the use of your personal information

You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party) including for profiling; and (ii) if you object to the use of your personal information for direct marketing purposes, including profiling (to the extent it relates to direct marketing).

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Right to object to decision which is based solely on automated processing

You have the right in certain circumstances not to be subject to a decision which is based solely on automated processing without human intervention.

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Right to withdraw consent

You have the right to withdraw your consent at any time where we rely on consent to use your personal information.

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Right to complain to the relevant data protection authority

You have the right to complain to the relevant data protection authority, which is, in the case of Eternal Communications, the Information Commissioner's Office, where you think we have not used your personal information in accordance with data protection law.

 

Notification of changes

12.14 If we change this notice we will post the amended version on our website so you always know how we will collect, use and disclose your information. See Eternal Communications.co.uk

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13 Notices

13.1 Our website is a source of information that you may find useful when using our service – it’s the most up to date source of information about us and our service. You may find it useful to refer to when using our Service.

13.2 If we need to send any notices under this agreement to you, we’ll do this by communicating them to you via phone, text message, electronic messaging, email, or mail.

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14 Other terms

14.1 This agreement is governed by English law unless you live in Scotland in which case, it will be governed by Scottish Law. Each of us agrees to only bring legal actions about this agreement in a UK court.

14.2 If you, or we, delay, or do not take action, to enforce our respective rights under this agreement, this does not stop you, or us, from taking action later.

14.3 If any of the terms in this agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any item that is not legally effective with a similar term that is.

14.4 We may assign or transfer some or all of our rights and obligations under your agreement to a party who agrees to continue complying with our obligations under this agreement (so far as such obligations are relevant to the assigned or transferred rights), provided that your rights under the agreement or any guarantees given by us to you’re not affected. No other person (other than our assignee(s), if any) may benefit from this agreement.

14.5 In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case we may have to change your phone number.

14.6 You confirm that you have full contractual capacity to agree to the agreement.

14.7 Our registered company number is 7464253 (England and Wales) and our registered office is at Arqiva Transmission Station Station, Great North Road, Brookmans Park, Hertfordshire, AL9 6NE, United Kingdom.

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Glossary.

Specific words and phrases that need further explanation.

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Additional Service: additional, optional or extra service which you choose to use which are not Service that are part of your Plan or Out of Bundle Service (for example, they may include (but they’re not limited to) add-ons, Premium Services, short codes international service, directory enquiry service, any other service listed in our Price Guide under the ‘special charges’ or ‘other service’ sections, calls to non-geographic numbers (such as calls to 084, 087), content or applications you may buy and/or any third party service).

Age Restricted Service: any service for use only by customers 18 or over.

Charges: charges for access to, and use of, our service as set out on our website. These charges may cover (without limitation) fixed periodic charges, including your Monthly Charge (if any.

Communications Data: information about the routing of service, calls and messages you make and receive, the date, time, duration and cost of these, and information about the identity of your device and SIM.

Connection: the procedure by which we give you access to our service. ‘Connect’, ‘Connecting’, and ‘re-Connection’ have corresponding meanings.

Device: The Device or phone that is authorised by us for Connection to our partners networks which is used to access our service, excluding all Accessories.

Disconnection: the procedure by which we stop your access to your service. ‘Disconnected’ and ‘Disconnecting’ have corresponding meanings.

Location Data: data indicating the geographical location of your device when using our service or when your device is switched on.

Messaging Service: any email, fax and voicemail Service, text (SMS) and multimedia messaging Service (MMS), personal information management and other message or communication facilities which let you communicate with others.

Plan: our current Plans available for you to select that are set out on our website as well as any other Plans we may introduce in the future. There may be more than one Plan available for you to choose from and if so, you’ll be required to select one before you’re Connected to us. Depending upon the Plan you choose, you may receive an allowance (made up of units) which entitles you to a specified number of voice minutes, text messages and/or internet data – details of these are set out on our website. The Plans we offer may be amended or withdrawn from time to time and can be viewed at Eternal Communications.co.uk or requested from our Customer team.

Prepaid Customer: a customer who pays for their access to and use of our service in advance.

Premium Service: any services which are charged at premium rates. These services are not available on Eternal Communications.

SIM: a card which contains your phone number and enables you to access our service.

Eternal Communications Customer Service: our service team who are available to help you with your queries.

Our service (or Service): the service offered by us, including call service Messaging Service, Storage Service, Age Restricted Service and Premium Service (if available), which we have agreed to provide for you.

Storage Service: any service which offers you storage capacity on the network for storage of content which you access from our service.

Suspension: the procedure by which we temporarily Disconnect your access to our service. ‘Suspend’ has a corresponding meaning.

Tablet: a tablet personal computer which is authorised for connection to our network and is used to access our service.

Terms for our service: Terms and Conditions for using our partner networks and our services.

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