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NETWORK TERMS & CONDITIONS

DEALER RETURNS POLICY AND PROCEDURE

A completed Avenir Telecom returns authorisation form must accompany all returns. There will be a delay in processing or the goods will be sent back should his not be adhered to. In addition, a carriage charge will be invoiced to any customer of Avenir Telecom for not conforming to the policies and procedures as detailed below.

SIM-Free GSM Phones

SIM-Free & O2 phones are sold by Avenir Telecom on a non-return basis. SIM-Free & O2 phones may only be returned for credit if found to be faulty within 14 days of purchase and provided that the following conditions are met:

  • Phones returned must be fully boxed and in new condition. Avenir Telecom reserves the right not to credit any customer if the original box is missing, damaged, had any labels/stickers/writing applied or if any of the original contents are missing.
  • Phones returned after 14 days of purchase from Avenir Telecom will only be repaired and sent back to the customer. SIMFree & O2 phones which are found to not be faulty will be returned to the customer along with an invoice for a carriage and handling charge.
  • Phones sent into us for repair must have all passwords and locks removed. Any device that is found to still be locked will be returned unrepaired along with an invoice for a carriage and handling charge.
  • All data that customers wish to save must be backed up before the phone is sent to us. Avenir Telecom is not responsible for any information lost during the repair process.

Orange Phones

Orange phones are sold on a non-return basis. Avenir Telecom accepts Orange devices back providing the following criteria is met:

  • Avenir Telecom will reverse any credit given to any of its customers should any returned phones be subsequently refused credit by the network. Avenir Telecom would like to remind you of the importance for all its customers to ensure that stock is rotated and connected.
  • All Orange phones being returned to Avenir Telecom must be accompanied with the original SIM card issued with the phone from the original date.
  • Previously connected Orange phones may be returned to Avenir Telecom and a subsequent credit will be issued. However you must request a returns authorisation number from Orange prior to doing this. Credit will only be issued if the handset has a valid Orange return authorisation number as well as an Avenir Telecom returns authorisation number.
  • The Orange returns authorisation number must be requested within 14 days from the date of connection. One obtained any phone with an Orange authorisation number must be returned to Avenir Telecom within 5 days.
  • Dead on arrival/out of box failures can only be returned to Avenir Telecom for credit provided an Orange returns authorisation number has been obtained from Orange.
  • Please contact Orange on 07973 100 272 to obtain Orange returns authorisation numbers. For faulty devices a fault code will first be issued which is required before an Orange returns authorisation number will be issued. Avenir Telecom cannot accept faulty phones with only a fault code; an Orange returns authorisation is required.
  • Phones returned will be credited either at the current selling price or the invoiced price at the time of sale, which ever is the lowest.
  • If Orange returns authorisations in a given month exceed 5% of the net new connections in the preceding month, Avenir Telecom reserve the right to implement the following charges to its customers account:
    • 5-6.25% £10 per unit
    • 6.25-7.5% £15 per unit
    • 7.5%+ £20 per unit
  • Please note that all Orange phones are shipped with SIM cards and these may not be exchanged i.e. each phone has a matching SIM and vice versa and these may not be swapped over with other phones or SIM cards.
  • Orange reserves the right to levy the following charges if in any calendar month the number of handset re-signs which are cancelled as a percentage of the number of handset re-signs in the same calendar month exceed the thresholds set below:
    • 5% or more but less than 10% = £20
    • 10% or more = £50
  • This charge will be levied for each handset re-sign that is subsequently cancelled. The percentage will be calculated in respect of mobile devices supplied by Orange Only.

Repairs

Avenir Telecom will charge a handling fee and carriage on all repairs. Avenir Telecom is not an authorised repair centre for any make of phone, and all phones sent back for repair are outsourced to repair centres of our choice, which are the following:

  • Anovo – Nokia, Sony Ericsson, Samsung, LG & Motorola.
  • Unipart – Vodafone BlackBerrys.
  • SBE – O2 BlackBerrys.
  • HTC – All HTC devices.
  • All other handsets are sent to their respective suppliers.
  • Repair time will take between 9 to 14 working days on standard handsets and 4 to 6 weeks on BlackBerry, PDA, Smartphone and Pocket PC type devices.
  • To reduce the repair times and have up to date tracking of the repairs Avenir Telecom would like to offer all customers registration with Anovo by calling 08717 030 850 and following the registration process.
  • Phones sent in that are found to be out of warranty will have repair quotes raised for them. You will be contacted by phone or email to ask if you wish to accept the quote. If the quote is refused the device will be returned unrepaired along with an invoice for a rejection, carriage and handling charge.
  • Phones sent into us for repair must have all passwords and locks removed. Any device that is found to still be locked will be returned unrepaired along with an invoice for a carriage and handling charge.
  • All data that customers wish to save must be backed up before the phone is sent to us. Avenir Telecom is not responsible for any information lost during the repair process.
  • Avenir Telecom repair charges are as follows:
    • Carriage and handling: £5.75
    • B.E.R (beyond economical repair) units: £9.50
    • Rejected quotations: £9.50
  • The charges above are the current prices at the time of going to print and do not include V.A.T.

Accessories & SIM Cards

  • When obtaining an Avenir Telecom authorisation number for accessories or SIM cards a valid Avenir Telecom invoice or order number must be provided.
  • Avenir Telecom only offers an exchange on a like for like basis on any accessories authorised for return within 6 months of purchase.
  • SIM cards can only be returned if found to be faulty within 30 days of purchase.
  • Orange pay as you go connection packs require an Orange returns authorisation number obtainable as outlined previously in the Orange section.

Important Notice

  • Avenir Telecom can no longer accept any returns of phones, accessories or SIM cards which are not in our current stock or Talking Shop brochure due to policy changes from all networks.
  • No stock is sold on a sale or return basis and any authorisation for return of stock is at the discretion of Avenir Telecom UK Ltd.
  • All authorised returns must be sent back to us within 5 days of the Avenir Telecom returns authorisation number being issued. Goods received outside of this time will be returned and carriage may be charged.
  • Avenir Telecom will only pick up goods if the units are sent in error or found to be faulty within the first 48 hours.

Contact Details:

Avenir Telecom UK Ltd
Avenir House
Studio Way
Borehamwood
WD6 5NN
Telephone: 020 8731 4470
Email: returns@avenir-telecom.co.uk

 

COMMISSION CLAWBACKS CONTRACT CONNECTIONS

Please find below the various terms and conditions relating to commission clawbacks across the networks with
whom we currently operate.

ATUK reserves the right to raise a commission clawback within the following clauses of our full terms &
conditions:

All Networks

  • Where there is evidence of non compliance with the Service Provider’s operational procedures as notified from time to time
  • In respect of any Airtime Agreement where the end customer’s call spend is lower than that reasonably expected. The determination of ‘reasonable call spend’ to be entirely at the discretion of the relevant Service Provider
  • In respect of any connection where minimal call activity takes place within a six calendar months’ billing period from the relevant Service Provider from the date of connection. The determination of ‘minimal call activity’ to be entirely at the discretion of the relevant Service Provider
  • In respect of any Airtime Agreement where the Buyer does not supply new units to the End Customer
  • In respect of any Airtime Agreement procured via unauthorised marketing activity on the part of the buyer
  • The Seller will clawback all and any amounts as may be reclaimed by the Service Provider from the Seller from time to time for any reason whatsoever
  • The relevant network and ATUK must approve all “gateway” connections before any commission payments will be made. Failure to disclose at point of credit check a “gateway” application will invalidate the connection resulting in the commission payment being withheld or reclaimed without notice
  • Where the connection is deemed to be for commercial gain
  • The Seller may introduce from time to time additional commission arrangements, such as marketing support, ongoing revenue share and/or profit share arrangements. The payment to the Buyer of ongoing revenue share commission will not be made where the Buyer fails to maintain or increase purchases of the Goods. Volumes will be reviewed on a rolling average of the 6 month period which expires on the date one month prior to the review.

O2

  • If a phone is disconnected for whatever reason within 180 days from date of activation
  • If a customer fails to pay the first 6 months bills in full
  • If a price plan is downgraded within 12 months, the additional commission will be reclaimed
  • Where the connection has been identified as fraudulent
  • Where value added services are sold and subsequently disconnected within 6 months
  • Any errors in commission payments can be reclaimed up to 12 months from date of connection

Orange

  • Any upfront commission reclaimed due to suspected fraudulent activity will only be credited back 50% by Orange ( excluding revenue share advance ) providing they have approved the proofs provided
  • Where a connection is terminated for call reselling as identified by the Orange Fraud Team. For the avoidance of doubt, call reselling is defined as the fraudulent use of an Orange SIM card to route calls for Orange devices originated on other mobile and fixed networks through call reseller’s equipment. The aim being to gain financial benefit but the impact being reduced
  • Revenues for Orange and reduced quality of service for the Orange customer
  • If a request is made for proofs and these are not supplied within 14 days of the request being made
  • Where the connection has been identified by Orange as fraudulent
  • Where value added services are sold and subsequently disconnected within three months
  • Avenir Telecom reserves the right to clawback any commission following any connection or price plan change when, in the sole belief of Orange, the connection or disconnection has been made for the commercial gain of either the customer or connecting dealer
  • Any errors in commission payments can be reclaimed up to 12 months from date of connection

T-Mobile

Clawbacks         

Disconnection clawback -  (including additional services disconnections)    If a customer is disconnected for any reason (including fraud and non-payment) or de-activates any service within 120 days, T-Mobile will claw back all elements of commission.

Tariff migration clawback - If, within 120 days of connection, a customer migrates to a price plan with a lower commission rate than the price plan the customer originally connected to, T-Mobile will claw back the commission differential between the tariffs. This includes Post to Prepay migrations which have zero value commissions in this Postpay agreement.
Handset Returns Cap - The postpay/prepay handset returns cap is 4.5%/4.5%. The postpay/prepay handset returns rate (%) will be calculated at the end of each quarter. Each return in excess of the returns cap will result in a penalty of £80/£40.

Renewal Disconnection clawback - If a customer disconnected for any reason (including fraud and non payment) within 120 days of renewal, T-Mobile will claw back all elements of commissions.

Renewal Return Clawback - If a renewal is returned for any reason within 120 days, T-Mobile will claw back all elements of commissions

Data Priceplan Renewal Clawback - Handsets/cash value renewals will be clawed back if given to customers renewing on a data price plan

Commission Clawbacks - Payment Terms on Avenir Telecom Invoice

Notwithstanding any prior arrangements that you may have reached with Avenir Telecom in respect of a credit account, all invoices issued to you by Avenir Telecom in respect of commission clawbacks from the airtime providers are due immediately upon presentation. If you do not make an immediate payment of the full amount claimed (including VAT) Avenir Telecom reserves the right to make immediate offset against any amounts that may be due from Avenir Telecom to you.

Commission Payment Requirements

We have recently received a large number of requests for clarification on what documentation is required by Avenir Telecom for payment of commission. Please note that contracts and proofs should be retained against every single connection/re-sign. For connections/re-signs on O2 and 3, we do not require any documentation prior to releasing your commission payment. For Orange however, we require valid proofs and purchase order (emailed to edward@avenir-telecom.co.uk) for any connection/resign
where the commission exceeds £1,000.00.

Summary of Commission Reclaim Terms

 

Orange O2 T-Mobile
Disconnection (New and Upgrade) 120 days 120 days^ 120 days
Fraudulent connections At the discretion of the networks through the period of the contract
Disconnection of value added services Within 120 days Within 6 months 120 days
Tariff downgrade # Within 12 months 120 days
Failure to pay bills
 First 3 months First 3 months First 3 months
Although disconnection may take place outside of the 3 months period

Avenir Telecom may receive incorrect information from the networks and will obviously reclaim any commission that been paid in error. Never-pays may be deemed as fraudulent connections by the networks.

^The 120 days commences on the 1st day of the following month after connection or Re-sign.

# Price plan transfers will attract a commission reclaim if deemed for commercial gain.

Irrespective of stated Commission Reclaim terms Avenir Telecom reserves the right to reclaim any commission paid if any subsequent disconnection or price plan change has been made for the commercial gain of the Buyer or the end user.