Overview

This page (together with the documents referred to on it) sets out the terms and conditions on which we supply any of the products ("Products") listed on our website www.talkhome.co.uk (the "site") to you.

Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

We also encourage you to look at our Acceptable Use Policy which also makes up your “Agreement” with us.

You should also look at our Privacy Policy on how we use personal information and Cookie Policy.

Information about us

The site is operated by Broadsword Group Management Limited ("we", "us" or “our”). We are registered in England and Wales under company number 08130415, and we have our registered office and main trading address at Anchor Brewhouse 2nd Floor, 50 Shad Thames, London SE1 2LY. Our VAT number is 178 2195 80.

Services and coverage

You agree to act in accordance with this Agreement when you activate your SIM card. When you become a Talk Home customer, you can use our services via standard rates or purchase a plan.

Your Plan is the 30-day package of services you have chosen to receive, which can be updated from time to time. You can change or opt out of this Plan at any time, and this change will take place at the end of that 30-day Plan. In the case of a long-term plan, cancellation charges may apply.

If you opt out of your Plan and do not choose another Plan, you can still use your SIM card for phone calls and texts by paying our standard charges using your top up credit.

We aim to provide you with the services at all times. We will provide our services with reasonable skill and care. However, due to the nature of mobile technology, our services are not fault-free and are not available everywhere in the UK. Please check the predicted coverage in your area on our Network Coverage Checker.

There are several reasons why you may find problems with the services, including moving home or work, weather conditions, damage to our network, the number of people using the network and so on. During busy periods on our network, we may need to manage traffic to ensure everyone has access to our services. Please contact us if you experience a service issue and we will attempt to fix it.

Problems with our services

If we must interrupt our services for maintenance or because of a technical fault with our network, you may be entitled to a partial refund based on the number of days you are without our services. This does not affect your entitlement to a refund when your agreement with us ends, as set out in the Refunds section below.

If you are experiencing a materially degraded service for an unreasonable period, you can cancel the service at any time.

We will not be responsible for any loss of service due to something outside our reasonable control. To receive a partial refund or end the Agreement, you must report to us a severe disruption which we will assess against your typical usage history.

We will use reasonable efforts to give you access to networks in other countries. We call this ‘roaming’. Overseas networks may be limited in quality and coverage. Any access to overseas networks will depend on the arrangements between us and the foreign operators.

Using the services

You are responsible for anyone who uses your mobile services, which are only for your personal non-commercial use.

You must not use your mobile services for any purpose we believe is abusive, illegal, fraudulent, a nuisance or for criminal activities. For more information on using our services and restrictions please review our Acceptable Use Policy.

We reserve the right to suspend the service if we have reason to believe that the SIM card is being used for commercial purposes fraudulently or is having an adverse impact / damaging our network in any way. The longest single call you can make is 3 hours.

We will choose a number for you to use with your mobile device on the network. If you have an existing number, we will provide the opportunity for you to move it over to Talk Home. However, we reserve the right to change your phone number if needed - if you have registered with us, we will let you know if this is the case.

The phone number, SIM card and software in it do not belong to you and we are licensing it to you to use with the services only. We may change your SIM card or tell you to return it at the end of this Agreement.

How the contract is formed between you and us

After placing an order and making the associated payment, you will receive an e-mail from us acknowledging that we have received your order and payment (subject to our receiving that payment and you providing a valid and active email address).

Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product.

All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail dispatching the Product (the "Delivery Email"). The contract between us and you ("Contract") will only be formed when we send you the Delivery Email.

The Contract will relate only to those Products delivered to you in the Delivery Email. We will not be obliged to supply any other Products which may have been part of your order until they are delivered to you in a separate Delivery Email.

The Products enable you to access telecommunications services provided by a third party (“Services”). The supply of such Services, and your use of them, will be governed by the terms and conditions applicable to the provider of such services (copies of the most recent versions supplied to us by that third party are available on the site and although we make all efforts to ensure that they are up to date we do not control those terms and conditions and accordingly we make no representation as to their currency or validity as at the time you view them and disclaim all liability in respect of any errors or omissions in the versions posted on our site).

Availability and delivery

Your order, where accepted, will be fulfilled within a reasonable time (which in any event will not be more than 30 days from the date of your order), unless there are exceptional circumstances.

Risk and title

The Products will be at your risk from the time of delivery.

Ownership of the Products will pass to you on the later of (i) delivery; or (ii) when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Delivery Email.

Price and payment

The price of any Products will be as quoted on our site from time to time, except in cases of obvious err

These prices include VAT but exclude delivery costs (if any) which will be added to the total amount due.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Delivery Email.

Our site contains a number of Products, and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Delivery Email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.

Payment for all Products must be by credit or debit card. We accept payments using those methods as set out on our site from time to time. Please note that some products are pay as you go and some monthly, and that if you set your orders to auto renew or auto top up then they will automatically update until otherwise updated.

The same will apply to auto renewal orders.

Refunds

Up to 14 days after your agreement with us is in effect, you may request a refund of any unused credit or wholly unused, unexpired plans purchased by cancelling your subscription.

You can do so by clicking Unsubscribe inside your web dashboard or the My THM App or by submitting a customer service ticket here or email us directly at cs-mobile@talkhome.co.uk.

We will not provide refunds for any partially used bundles or any expired bundles. This does not affect your statutory right to change your mind about your purchase within the 14-day cooling off period.

Your right to a refund may be subject to you passing appropriate checks in place to combat financial crime.

Suspension, Disconnection and Ending the Agreement

1. If you want to leave us

If you want to end the Agreement, because you simply want to leave us or change your plan, you can cancel by contacting us. If you wish to port your number to another provider or switch to another provider without a port, it will be valid for 30 days from when it is issued to you.

Your service will switch to the new provider within one working day of you providing your PAC or STAC to them. When you use your PAC or STAC your Agreement will terminate at the same time your number is ported or your service is switched.

If you do not use a PAC or STAC within the 30-day period, your Agreement with Talk Home will continue. Please note that if you end the Agreement or use a PAC or STAC you may lose the value of any remaining credits or allowances.

This does not affect your entitlement to a refund when your agreement with us ends, as set out in the Refunds section below.

This also does not affect our entitlement to any early termination charges applicable if your agreement with us ends, as set out in the plan terms and conditions.

2. If we want to suspend our services or end the Agreement

We may suspend our services (in whole or in part, including the provision of equipment if applicable) or end the Agreement if:

  1. You use the services in a detrimental way.
  2. You choose not to use the service for 180 consecutive days. Using the service means purchasing a Plan, topping up or making any chargeable outbound activity
  3. You breach a fundamental obligation under the Agreement.
  4. You use any of our services in a way that may damage or affect the operation of our network.
  5. You tell us that your mobile device containing your SIM card has been lost or stolen.
  6. You become bankrupt or arrange with creditors. We may need to suspend our services if asked to do so by regulators or if required by law.
  7. We consider it necessary to safeguard the security and integrity of our network or to reduce the incidence of fraud. We may end the Agreement if we are permanently unable to provide our services to you.

If we suspend the mobile services because you have chosen not to use them for 180 consecutive days, we will send you a text notifying you that you should purchase a Plan or top up your account or make a chargeable outbound call, send a chargeable text or use your data within the next 90 days.

If you then fail to do so within 90 days from the date of the text because you have not kept to this Agreement or not used the services for 270 consecutive days, we will disconnect your mobile services and you will lose any credit held on your account.

This does not affect your entitlement to a refund when your agreement with us ends, as set out in the section below.

We will try to tell you when we suspend, restrict, or end your use, but we do not have to.

PAYG and Monthly Plans

The following terms apply to all PAYG plans, Monthly plans, International plans, and Data bolt-on offered by Talk Home:

Your Plan

Your SIM Only plan entitles you to an inclusive allowance of data, minutes, and texts. The service is for personal non-commercial use only. See here for full plan details.

SIM Replacements

SIM replacements will normally take up to 24 hours to register correctly. In some cases, this could take longer for reasons beyond our control such as third-party delays. If affected, please contact us. We will do all we can to ensure that this is resolved in a timely matter and keep you updated accordingly.

Our liability

Data

We provide 2G, 3G, 4G and 5G coverage. You will need to be within range of a Network base station with a compatible device to make use of the data services we provide and have a device that is compatible and correctly set up.

Your data allowance will depend on the specific SIM Only plan you have chosen. If you have chosen a plan with a capped data allowance, we will send you reminders before it is fully consumed, or you can check your usage within the My THM app.

If your allowance is used up, you can purchase a data bolt on, top-up credit or your existing account balance to continue using our services.

Our Obligations

We provide a SIM card that allows you to access your inclusive allowance of data, minutes and texts which can be used in the United Kingdom.

We rely on other networks to enable you to use your phone abroad (this is known as international roaming).

Your Obligations

You must pay the agreed monthly charge each month in advance by credit or debit card, or via PayPal.

You must give us an accurate and up to date address and contact information so we can bill and contact you.

Ending the Agreement

This Agreement can be ended for convenience by Talk Home giving you at least 30 days’ Notice. If Talk Home is required to terminate the Agreement for reasons beyond its control, Talk Home may terminate this Agreement with immediate effect. You will be required to pay any outstanding Charges; this includes Charges incurred during the notice period.

If you choose to end this Agreement within the first 14 days of usage, you will be entitled to a refund equal to any unused allowances in your plan. Any consumption will be charged. No refunds are applicable after the first 14 days of usage.

Roaming

Our Monthly and PAYG plans include unlimited standard calls, unlimited standard texts & an allowance of data for use in the UK. SIMs must be activated in the UK or roaming will not be enabled.

Data roaming is capped and will be deducted from your national plan. Your roaming cap is reflected inside your plan’s terms and conditions.

Any additional data usage will be subject to standard roaming charges

Please note that unless mentioned in the plan T&Cs, your plan is not inclusive of free roaming. Free roaming is applicable to selected EU countries only. The list of countries is provided within each plan’s description.

Our Liability

We exclude all liability to you in relation to your use of the Services and their supply by a third party.

Our liability for losses you suffer because of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

This does not include or limit in any way our liability: for death or personal injury caused by our negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

  • loss of income or revenue
  • loss of income or revenue
  • loss of profits or contracts
  • loss of anticipated savings
  • loss of data
  • or waste of management or office time however arising and
  • whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Where you buy any Product from a third-party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

We are not liable to you for any delay or failure in sending you a Delivery Email where such delay or failure is caused by you not having provided us with your valid email address or any other potential fault outside of our control.

We will not be legally responsible to you for any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into the Agreement with you, for example, loss of income, business, profit, savings and missed opportunities claims.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.

For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be sent to cs-mobile@talkhome.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above.

Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; impossibility of the use of public or private telecommunications networks; or the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you.

Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

We each acknowledge that, in entering a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.

Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

Nothing in this clause shall limit or exclude any liability for fraud.

Changing terms of agreement

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Delivery Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Changing charges or services

We may change your Agreement, our services, or charges at any time to do one or more of the following:

  • Change the way in which we provide services to you (for example, allowing you to call a new category of number with your phone plan)
  • Change the structure of our services, charges, or equipment (where applicable)
  • Change the amount payable for part of the services, including without limitation additional services (for example, we may change the amount payable for certain types of calls if our international partners increase their costs)
  • Remove and/or replace some or all the equipment where applicable.
  • Place limits on the way you use our services (for example, if we suspect that you have committed an illegal act while using our services)
  • Stop providing all or part of the service to you.
  • Additional services. We may increase the charges for an optional additional service that does not form part of the main service. Charges for additional services may change from time to time and may be outside of our control. We will notify you of these changes unless the services are offered by a third party.
  • Out of bundle services (for example roaming, international calls). We may increase charges for out of bundle services at any time.

We are also entitled to make the following changes to the Agreement, our services, or charges (together, the “Permitted Changes”):

  • We may make administrative or technical changes.
  • We may make changes that have no negative effect on your use of the service.
  • We may make changes that are to your benefit.
  • We may provide new features of the service to you.
  • We may maintain or improve the services we provide.
  • We may clarify the Agreement, so it is easier to understand.
  • We may make changes required by:
    • applicable laws
    • regulations
    • codes of practice
    • a regulator, or
    • a court of competent jurisdiction
  • We may reflect a change in the way we organise and/or operate our business.
  • We may reorganise where certain terms of the Agreement are set out.

We do not know what will happen in the future, so we may need to change your Agreement, our services, or charges for a reason other than those specified above in part a) and b).

If we make a change to the Agreement, the services, or the charges which:

  • has a negative impact on your use of the service (in our reasonable opinion) and
  • is not a Permitted Change, as set out above, you will have the right to leave your Agreement.

To exercise your right to leave, you will need to tell us within that 30-day period or sign into your account anytime, go to ‘plans’ and stop your plan. If you take no action within 30 days of us telling you about the changes, you will be considered to have accepted those changes.

Managing debt

We understand your circumstances can change. Here is how to let us know about any significant changes to your circumstances such as ill health, bereavement, changing your name or if you are having financial difficulties

If you cannot pay your bill, please tell us about it and we will try to help.

We will also have to suspend your service and you will not be able to use our network until you clear any outstanding balance.

If this happens, we may also:

  1. Add a termination fee to your account in line with your plan’s terms and conditions.
  2. Pass on your details to a debt collection agency who may add their own charges and fees to recover the debt; and
  3. Notify credit reference agencies that you have missed payments. This information can be used by other lenders and will affect your credit rating and ability to gain future credit.

Failed or overdue payments

If your bank does not allow Direct Debit payment, we will make a second attempt. You can also retry payment from within the dashboard and/or your My THM App.

When retrying payments manually, you may change your mode of payment in case your existing credit card has expired.

If your auto-payment fails again, and you have not made a payment by any other method, we might recruit and pass your information to a debt collection agency.

Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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