Terms and Conditions content 3 - Pay monthly

1.1 In these Terms and Conditions, some of the words are capitalised and those words have the following meaning:

"Account": The mobile telephone account registered by the Customer that we use to provide the products and Services to the Customer and to administer the Customer’s Personal Data;

"AIT" Artificially Inflated Traffic, which occurs where the flow of calls, texts, or data, which could be in connection with a revenue share service, is disproportionate to the flow of calls, texts or data that would be expected from good faith consumer use of the Network;

"Allowance": The amount of the Services which the Customer is entitled to use under the subscription charges of their Monthly Plan, in accordance with the rates specified in the Contract Summary;

"Charges": The tariffs and rates applicable from time to time for the use of the Services, including any monthly subscription, connection fees and special offers and any Optional Add-On Services. The current applicable tariffs are available at https://www.lycamobile.ch/en/rates/national-abo/

"Content": The textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including all information supplied by third party content providers from time to time. Content may be chargeable;

"Contract Summary": The Contract Summary document provided or made available to the Customer before the Customer offered to receive the Service;

"Cooling-Off Period": 14-day period during which the Customer can cancel immediately after the date of purchase of their Monthly Plan;

"Customer", "you" or "their": The customer as a personal consumer who this Services Agreement is made with and includes any person that we reasonably believe is acting with the Customer’s authority (including using the Customer’s Account);

"Customer Service": The customer service department, which the Customer can contact for all questions relating to the Services, accessed by calling +41 77 900 01 22 using their Lycamobile SIM or +41 77 900 01 22 from another network phone or from abroad, through the Website at www.lycamobile.ch/en/contact-us-abo/ or by sending an email to [email protected]

Fair Use Policy: The policy that we present to the Customer that details what is the acceptable use of the Services. More details on the Fair Use Policy can be found here: https://www.lycamobile.ch/en/abo/

“EU and other selected destinations”: The countries and territories of the European Union and other selected countries or territories where Lycamobile Services may be available as listed on our Website;

"GSM Gateway": Any software or device (not designed or adapted to be capable of being used whilst in motion) designed or adapted to be connected by wireless telegraphy to the Network or the cellular telecommunications system of another Network operator and used solely for the purpose of sending or receiving messages conveyed by means of the Network or the cellular telecommunications system of another Network operator;

"IP Rights": copyright, trademark and other relevant proprietary and intellectual property rights relating to Content;

“Minimum Period”: The minimum duration for the Services as selected by the Customer for their Monthly Plan and on which their Charges are based starting from the day on which the Customer entered into their Services Agreement;

Monthly Plan: A bundle containing a fixed number of Services, including for domestic and international voice calls, SMS and data and Internet access services chargeable against a “Pay Monthly tariff”;

“Monthly Rollover Contract”: A Services Agreement that the Customer has consented to automatically recur each time the Customer’s Minimum Period expires;

Network: The mobile communications network as provided or made available by Lycamobile and used by the Customer;

“Notice”: notice given in accordance with clause 5;

“Optional Add-On Service”: any additional Service(s) as offered by Lycamobile that the Customer chooses to purchase on top of their Monthly Plan which rely on the Customer continuing to have a subscription to the Services;

“Personal Data”: The personal information that the Customer provides to Lycamobile or that Lycamobile generates, collects, uses, processes and stores about the Customer while providing the Services, including the Customer’s name, address, date of birth, mobile telephone number, call data records including traffic and location data, direct debit, or payment card details, billing records, voice mail recordings, copies of e-mails including the Customer’s e-mail address, and records of Customer Services of enquiries made by the Customer;

“Privacy Policy”: The Lycamobile Privacy Policy available at Privacy Policy;

“International Roaming Services”: the mobile communication services giving the Customer access to the Services while outside of Switzerland that are provided using telecommunications systems of a third-party foreign network and subject to the availability, coverage and capabilities of that network;

“Service” or “Services”: The mobile communications airtime service that enables the Customer to make and/or receive all or some of the following: domestic and international calls, sending and receiving SMS, sending and receiving data, and access the Internet, all by means of the Network, along with any Optional Add-On Services we agree to provide;

“Services Agreement”: The contract between Lycamobile and the Customer comprising of these Terms, and Pay Monthly tariff, the current chargeable usage rates updated and published on the Website, the Privacy Policy, the Fair Use Policy, and any other relevant term specified on our Website;

“SIM Card”: A SIM card containing a microprocessor that facilitates access to the Services provided by us;

“Terms”: these Lycamobile Pay Monthly (Sim Only) General Terms and Conditions;

“Spending Cap”: The maximum amount as set as a default or as specified by the Customer corresponding to the Services used which the Customer is allowed to spend per month, on top of the Services included in the Allowance;

“We”, “us”, “our” or “Lycamobile”: Lycamobile AG (company number CHE-113.944.201) with its registered office located at Hermetschloostrasse 73, 8048 Zurich, Switzerland;

“Website”: The website of Lycamobile at https://www.lycamobile.ch/en/abo/.

1.2 A reference to legislation or legislative provision is a reference to it as amended, extended or re-enacted from time to time. A reference to legislation or legislative provision shall include all subordinate legislation made from time to time under that legislation or legislative provision.

1.3 Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular and a reference to one gender shall include a reference to the other genders.

1.4 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

1.5 A reference to "this Services Agreement" or to any other agreement or document is a reference to this Services Agreement or such other document, in each case as varied from time to time.

1.6 References to clauses are to the clauses of this Services Agreement.

1.7 Each of the clauses in the Terms, and the Services Agreement operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

2.1 Lycamobile will begin providing Services to the Customer from the date this Services Agreement is made between us and the Customer and on the basis that the Customer passes a credit check. Lycamobile will then open an Account in the Customers name and apply Charges to it. 

2.2 Lycamobile will provide the Services to the Customer, and the Customer will be entitled to the quality of Service generally provided by a competent telecommunications service provider exercising reasonable skill and care. However, the Service is not fault free and we will not be liable to the Customer if it is impaired by geographic, atmospheric, Network traffic or other conditions or circumstances beyond our control, including the following: 

2.2.1 The Service is subject to Network coverage limits and is not available in all parts of Switzerland, the EU and other selected destinations which are subject to Lycamobile’s Fair Use Policy. See clause 3 for more information about our 5G network coverage and services; and 

2.2.2 The Network may from time to time require upgrading, modification, maintenance or other work in whole or in part which may result in partial or complete non-availability of the Service to the Customer. 

2.3 The quality of our Services depends on the quality of the mobile device that the Customer uses. 

2.4 Occasionally the Network and Services may not be available due to works for improvement, modification, maintenance or other activities to improve or otherwise develop the Network or Services. At such times, Services may be temporarily unavailable and Lycamobile shall use reasonable endeavours to keep any period where the Services are unavailable to a minimum. 

2.5 Lycamobile offers International Roaming Services but as they are reliant on a third-party network not under our control, we cannot guarantee their uninterrupted availability or the quality offered at any given time. Use of such Services is subject to our Fair Use Policy on International Roaming. 

2.6 Lycamobile will use reasonable endeavours to provide Services that are of satisfactory quality. If the Services are temporarily interrupted, the provisions in clause 12.3 would apply. We are not liable to the Customer for any loss or inconvenience not attributable to Lycamobile that is not caused by us but is caused by the Customer, or by any action of a third party, including fraud, deception and/or non-payment, unless we instructed the third party to do so. In such cases, the Customer shall contact the retailer from whom the SIM card was purchased and request a refund. 

2.7 It is Lycamobile’s policy not to intentionally disconnect any call, however, calls may be disconnected for reasons beyond our control, including force majeure, carrier failure, technology failure or human error. 

2.8 Mobile devices may cause interference to certain types of sensitive equipment, such as medical devices, aircraft, etc. It is essential that any instructions of the persons responsible for such equipment relating to mobile device use are strictly followed. We cannot be held responsible for any form of damage caused by failure to follow these instructions. 

2.9 The Customer can ask us to include the Customer’s mobile phone number in a telephone directory and/or a directory enquiry service. However, the Customer should know that if the Customer requests this service, the Customer’s number will be visible to companies that use such information for marketing purposes. You may request to have a notation included in the directory indicating that you do not wish to receive telemarketing calls or messages, and that your personal data may not be transferred for commercial purposes. We will not be responsible if, notwithstanding such notation, a third party sends you any telemarketing calls or messages. If the Customer wants their mobile phone number to be included in a directory and/or a directory enquiry service, please tell Customer Services. 

2.10 We shall provide the Customer with free access to emergency services, as well as making information on the location of the person making the call available to the emergency services, depending on the capacity of the systems in the area the Customer is located, at the time of calling these services, and the capacity of the Network operator supplying the lines to us. 

2.11 The Service enables access to Content which may be chargeable. The Customer may use Content only in a way that doesn't infringe the intellectual property rights of others. Intellectual property rights include copyright, trademark and other relevant proprietary and non-proprietary intellectual property rights relating to Content. The Customer must not copy, store, modify, transmit, distribute, broadcast, or publish any part of any Content other than in a way that does not infringe the intellectual property rights of others. 

2.12 We may vary Content, access to Content or the technical specification of the Service in a way that might affect the Content from time to time (see clause 4.6 for rights the Customer may have if variations are likely to materially disadvantage the Customer). If, as part of the Customer’s Services Agreement, we enable the Customer to access Content that is supplied by a third party and is subject to their terms and conditions (“Third Party Content”), we are not responsible for any changes made by that third party to the Third Party Content, or for giving the Customer Notice of those changes as such changes are outside our control and we may not be aware of them. The Customer will not have a right to cancel the Services Agreement during the Customer’s Minimum Period because of changes to Third Party Content without paying an Early Termination Charge. 

2.13 The Customer is solely responsible for assessing the accuracy and completeness of Content and the value, age-appropriateness and integrity of goods and services offered by third parties over our Service including if the Customer pays for that Content, or those goods or services using our Services. Unless otherwise agreed by us in writing, we will not be responsible for any transaction for third party goods and services, unless we're negligent. 

2.14 At the end of any Minimum Period this Services Agreement will continue until it is ended by the Customer giving us not less than one month’s notice or is ended by us in line with clause 4 of these Terms. 

2.15 When the Customer accepts their Monthly Plan and these Terms, the first day of the Services Agreement shall be called the “Monthly Plan initial purchase date” and the Monthly Plan will continue until 23:59 the day before the corresponding day next month. The Customer shall choose their billing date from the options provided by Lycamobile. Where the initial purchase date is on a day not contained in the next month, the Customer’s Monthly Plan will continue until the closest possible day in that month and (if the Customer has a Monthly Rollover Contract) will start the next day. For example, it will run until 23:59 on 28 February and (if the Customer has a Monthly Rollover Contract) will start again on 1 March. 

2.16 We are not responsible for your (or any third party) content or data and we recommend that you back up any content and data used in connection with the Services, to protect yourself in case of problems.

3.1 Where available, the Customer will be able to access our 5G services in Switzerland subject to enabling 5G services via their Lycamobile Account settings, having a 5G-enabled device and as well the Customer may need to enable 5G within the settings on the Customer’s device and having the appropriate operating system and software to support 5G services. The Customer must follow any instructions we send the Customer about accessing our 5G Services. 

3.2 5G services may be affected by the number of people using the 5G service, maintenance and upgrades, faults from other networks, the weather or other technical and/or environmental factors. For more information about the 5G service, please visit our Website. 

3.3 The Customer should check the Lycamobile Network coverage checker at Coverage Checker before enabling our 5G services in the Customer’s account settings. This is an indication and prediction of outdoor coverage, but coverage may vary depending on time and location. Data reception and speeds may not be as good indoors or in a vehicle. Radio-based mobile technologies can also be affected by local factors including buildings, trees and even weather conditions. The coverage checker is a guide and does not guarantee signal coverage. 

3.4 Customers with a 5G subscription and a suitable device can access Lycamobile 5G services via our 5G network whenever they are in a 5G coverage area. The Customer will still be able to access 4G and 2G networks when outside of 5G coverage data over these networks as usual. 

3.5 When 5G services are available, the Customer can enable 5G on the Customer’s account by visiting the Customer’s Account settings and selecting to enable 5G. 

3.6 The Customer’s data Allowance will be used for all our different types of mobile data (for example 2G or 4G areas) and will not differentiate between the types of mobile data the Customer is using.