Acceptable Use Policy – Mobile Service

Our full Terms and Conditions can be here https://pozitivetelecom.com/terms-conditions/

This Acceptable Use Policy ("Policy"), forms part of your Agreement with Pozitive Telecom, as defined in clause 2 of the Terms and Conditions. The Policy covers the usage obligations for you in respect of the Pozitive Telecom Services and all equipment provided by Pozitive Telecom to you in connection with the Pozitive Telecom Services.

The Policy also has a section covering the behaviour that Pozitive Telecom expects of you, whether interacting with Pozitive Telecom employees and agents (in person or over the phone).

You must notify Pozitive Telecom as soon as reasonably practicable of any breach of this Policy and must cooperate with Pozitive Telecom promptly and follow its reasonable instructions in order to stop or remedy such breach.

Capitalised terms (that aren’t proper nouns) used within this Policy shall be as defined in the Terms and Conditions.

Pozitive Telecom shall at all times act reasonably and in good faith in connection with the application and enforcement of this Policy.

Updates to the Policy

Pozitive Telecom may update or amend this Policy at any time, and any such policy will be available on the Pozitive Telecom website https://pozitivetelecom.com/policies/ Your continued use of the Pozitive Telecom Services after any change to the Policy constitutes acknowledgement and acceptance of the updated Policy.

Prohibited Activities using Pozitive Telecom Telecom’s Services

You must only use the Pozitive Telecom Services: as set out in this Policy and the Terms and Conditions; for legitimate and reasonable purposes, and such use should not exceed that reasonably expected of a reasonable person using them for these purposes.

As an example, without limitation, Pozitive Telecom consider that if you regularly use multiple devices with one SIM or multiple SIMs with one device, that this is unlikely to be legitimate use as intended under the Terms and Conditions; and for your own direct use. This means you must not resell or commercially exploit any of Pozitive Telecom Services or Pozitive Telecom’s content.

You shall be responsible for your authorised or unauthorised use of the Services and shall be responsible for using appropriately strong passwords and keeping them secure and for any use made of those passwords.

You must not directly or indirectly use Pozitive Telecom Services, the SIM or Pozitive Telecom phone number, or allow anyone else to use Pozitive Telecom Services, the SIM or Pozitive Telecom phone number for unlawful or improper uses, including without limitation: for fraudulent, criminal or other unlawful activity which includes (without limitation) making nuisance calls, unlawful file-sharing or downloads, or viewing unlawful content; in any way which breaches another person’s rights including copyright or other intellectual property rights; generating content or otherwise using the Service that in any way may be, or may be perceived as harmful to others, or Pozitive Telecom’s Services or reputation, is offensive, threatening, abusive, indecent, defamatory, obscene or an annoyance, or is otherwise contrary to Applicable Law; to copy, store, modify, publish or distribute Pozitive Telecom Services, equipment or their content, except where Pozitive Telecom gives you permission. This includes, without limitation, any attempt by you or a User to interrogate a SIM Card or reverse engineer the code on a SIM Card; to download, send or upload content of an excessive size, quantity or frequency or to make an unusually high volume of calls, (judged in each case in relation to your typical use of such services), such that your use is having, for example, a material adverse impact on Pozitive Telecom’s network, systems and/or other customers. Pozitive Telecom will contact you if you or a User’s use is deemed excessive and discuss steps to remedy the issue (discussed further in section 6 below); usage that is contrary to good faith commercial practice; threatening the integrity or security of any device, network or system including the transmission of viruses, harmful components or malware; to send or publish bulk messages (including but not limited to marketing messages, notifications or automated content), make bulk phone calls or to generate artificially inflated traffic or act in any way which breaches any security or other safeguards or in any other way which harms or interferes with the Pozitive Telecom network, the networks or systems of others or Pozitive Telecom Services; or to use or provide to others any unauthorised directory or details about Pozitive Telecom customers each a “Prohibited Activity.”

You must:

When using the Services, not show or send content from any age-restricted services to anyone under 18; and ensure that access to any age-restricted services is deactivated if anyone under 18 uses the equipment through which Services are accessed.

Responsible Use of Services

You must, only use the Services as set out within this Policy, and clause 6 of the applicable Terms and Conditions. If you or a User is in breach of this Policy and/or clause 6 of the Terms and Conditions, Pozitive Telecom shall have the right to: take appropriate action, including suspension and/or termination of the Pozitive Telecom Services wholly or partially, in accordance with this Policy and/or the relevant Terms; or take recourse as set out in clause 6 of this Policy and/or the Terms and Conditions.

Abusive or Harassing Behaviour by you

You acknowledge and agree that Pozitive Telecom has a zero-tolerance approach towards bullying and harassment in any form. As part of this, Pozitive Telecom believes that everyone has the right to be treated with dignity and respect and Pozitive Telecom does not condone any types of unacceptable behaviour or abuse including harassment, intimidation or bullying of Pozitive Telecom’s customers or employees. If Pozitive Telecom determines in Pozitive Telecom’s sole opinion (acting reasonably) that you have acted in a manner that is inconsistent with reasonable customer behaviour and in breach of this Section, Pozitive Telecom reserves the right to respond in the following ways: If you abuse or harass Pozitive Telecom’s contact centre advisors, Pozitive Telecom follow a “One Strike” policy to cease the conduct immediately or the interaction will be terminated. If the abuse or harassment continues, the advisors will end the call and make a record of the incident on your account.

Depending on the severity and frequency of the abuse, Pozitive Telecom may decide to suspend or disconnect your account and/or the Pozitive Telecom Service(s) wholly or partially, as well as take additional measures to prevent contact with Pozitive Telecom’s advisors in the future, for example by blocking your IP address(es) and/or number(s).

Any threatening conduct will be reported to the police immediately, and a record will be placed on your account.

If your and/or your User’s conduct results in disconnection of your account and/or the Pozitive Telecom Service(s) wholly or partially, an Administration Fee as set out in our Price List Terms & Conditions | Pozitive Telecom may be payable in addition to all outstanding sums payable under Agreement falling immediately due. Please see clauses 6.3, 6.4, 6.7, 13 and 14 of the Terms and Conditions for further details as to when we may suspend or terminate your account and/or the Pozitive Telecom Services as a result of your conduct.

Monitoring and Breaches of the Policy

Pozitive Telecom may, in its sole discretion (acting reasonably), run manual or automatic systems and monitoring of the volume and type of use of the Pozitive Telecom Services by you in order to ensure that such use is compliant with the relevant terms of this Policy and the Terms and Conditions at all times. Pozitive Telecom may also carry out such monitoring activity where required or permitted by Applicable Law.

If Pozitive Telecom believes that you have breached this Policy or clause 6 of the Terms and Conditions, or you have engaged in a Prohibited Activity, the actions Pozitive Telecom may take may include but are not restricted to: investigating the possible breach; notifying you of the breach; contacting you to gather further information, request you moderate your usage, or to discuss Pozitive Telecom’s concerns; issuing a formal warning to you; blocking electronic communications which Pozitive Telecom reasonably believes have breached this Policy or the Terms and Conditions; restriction of your or your User’s access to all or any part of the Pozitive Telecom Services with immediate effect; introduce traffic management measures; whole or partial suspension of your account and access to the Pozitive Telecom Services with immediate effect; and/or whole or partial termination of your account(s) and access to the Pozitive Telecom Services with or without notice; additional action may apply if Pozitive Telecom believes that you have engaged in conduct that could be viewed as abusive or harassing towards Pozitive Telecom’s employees, contractors or agents. These are detailed above in clause 5.

Pozitive Telecom reserves the right to charge you any costs and expenses (properly and reasonably incurred), whether direct or indirect, associated with preventing or responding to your breach of this Policy and/or responding to associated third party complaints.

Nothing in this Section limits Pozitive Telecom’s rights and remedies (available at law or in equity) in any way with respect to a breach of this Policy, a Prohibited Activity or the Terms and Conditions.

Data Protection

Pozitive Telecom reserves the right to use your account information and Users’ Personal Data (as defined in the Terms and Conditions) in connection with any investigation carried out by Pozitive Telecom in accordance with this Policy, the Terms and Conditions Terms & Conditions | Pozitive Telecom and Pozitive Telecom’s Privacy Policy, available at Terms & Conditions | Pozitive Telecom For example, Pozitive Telecom may disclose relevant data and account information to any third-parties that Pozitive Telecom considers have a legitimate interest in any such investigation or its outcome, including without limitation, the police.

Roaming Fair Use

25% of the allowance of each national data bundle is available to use in Zone 1 (excluding roaming bundles). Upon reaching the limit, the user will be charged standard roaming tariffs (see Charges Policy) or will be capped (if they have an agreed spending cap in place). Pozitive Telecom reserves the right to modify this fair-usage policy or the zone plan at its sole discretion.

Fair Usage of Unlimited Voice and SMS Airtime Bundles

Fair Usage Policy (UK bundles):

In cases where abnormal usage is detected, Pozitive Telecom reserves the right to take necessary actions, which may include suspending the availability of the bundle and/or increasing the price of the bundle. Abusive, fraudulent, unreasonable, or abnormal usage includes but is not limited to the following:

1. Permanent Roaming: Use of bundles predominantly in roaming scenarios compared to national usage, especially when roaming usage is abnormally high.

2. Excessive Usage: Usage significantly exceeding industry standards or deemed excessive in comparison to typical consumer patterns.

3. Unauthorized Equipment Usage: Use of the service with unauthorized equipment such as SIM boxes, modems, or Wi-Fi routers.

4. Other Excessive Usage: Any other forms of usage deemed unreasonable, excessive, or abusive by Pozitive Telecom.

Pozitive Telecom reserves the right to modify this fair usage policy as necessary to ensure compliance with regulatory requirements and to maintain service quality for all users.

If you have any questions or require further clarification about this policy, please contact PE customer support.