Common use of Mobile Services Clause in Contracts

Mobile Services. 3.1 Three agrees to provide the Mobile Services during the Mobile Services Period. 3.2 Three reserves the right to add to, substitute or discontinue any Ancillary Mobile Services at any time. Three does not guarantee the continuing availability of any particular Ancillary Mobile Services. 3.3 The Customer acknowledges and agrees that Three is acting as a mobile service provider for the purposes of conveying SMS and other communications has no knowledge of, involvement with or liability for the content of any SMS or other communications sent to/from the Customer’s Equipment/SIM Cards. 3.4 Certain elements of the Mobile Services are dependent on the Customer having suitable infrastructure available and/or using appropriate Equipment and some of the Mobile Services may not function correctly in the event that the Customer is unable to provide suitable infrastructure or fails to use appropriate Equipment. 3.5 The Customer will be liable for all Charges incurred in connection with the Customer’s use of the Mobile Services. 3.6 Three may monitor the Customer’s usage of the Mobile Services for the purpose of controlling Three’s credit risk and the Customer’s exposure to fraudulent usage. 3.7 Mobile internet speeds vary due to a number of factors including (a) the location of the user, (b) Device capability (handset/modem), (c) distance of user from the serving Network site, (d) number of users active on the Network site at any given time, (e) location of the handset/modem if using indoors and (f) geographical obstructions. 3.8 Three reserves the right to issue the Customer with reasonable instructions concerning the use of the Mobile Services (including the right to restrict certain components of the Mobile Services) in the interests of safety, quality of service, other Three customers or for any other technical or operational reason Three thinks is necessary. Three may also publish policies including: (i) acceptable use and fair use policies (including a Data Modem Usage policy for Data Modem customers) which provides more detail about the rules for use of certain Mobile Services, and the actions that might be taken and any network management tools or measures which we may take in order to ensure that use of certain Mobile Services is not excessive, to combat fraud and to ensure that Mobile Services can be enjoyed by all Three our customers; (ii) policies relating to Network management tools or measures that Three may undertake to measure and shape traffic so as to avoid filling or overfilling a network link or node or any IT system; and (iii) policies regarding steps that Three may take to prevent and in reaction to security and integrity threats and vulnerabilities (including threats or vulnerabilities to our Network, IT and other systems). The Customer is able to view these policies on Three’s website or request a copy by calling 1913. The Customer agrees to comply with any policy (including any amended policy) published by Three from time to time that applies to use of the Mobile Services and agrees that Three may implement these policies. (Please note that these policies will set out how these measures may impact on service quality.)

Mobile Services. 3.1 Three agrees to provide the Mobile Services during the Mobile Services Period. 3.2 Three reserves the right to add to, substitute or discontinue any Ancillary Mobile Services at any time. Three does not guarantee the continuing availability of any particular Ancillary Mobile Services. 3.3 The Customer acknowledges and agrees that Three is acting as a mobile service provider for the purposes of conveying SMS and other communications has no knowledge of, involvement with or liability for the content of any SMS or other communications sent to/from the Customer’s Equipment/SIM Cards. 3.4 Certain elements of the Mobile Services are dependent on the Customer having suitable infrastructure available and/or using appropriate Equipment and some of the Mobile Services may not function correctly in the event that the Customer is unable to provide suitable infrastructure or fails to use appropriate Equipment. 3.5 The Customer will be liable for all Charges incurred in connection with the Customer’s use of the Mobile Services. 3.6 Three may monitor the Customer’s usage of the Mobile Services for the purpose of controlling Three’s credit risk and the Customer’s exposure to fraudulent usage. 3.7 Mobile internet speeds vary due to a number of factors including (a) the location of the user, (b) Device capability (handset/modem), (c) distance of user from the serving Network site, (d) number of users active on the Network site at any given time, (e) location of the handset/modem if using indoors and (f) geographical obstructions. 3.8 Three reserves the right to issue the Customer with reasonable instructions concerning the use of the Mobile Services (including the right to restrict certain components of the Mobile Services) in the interests of safety, quality of service, other Three customers or for any other technical or operational reason Three thinks is necessary. Three may also publish policies including: (i) acceptable use and fair use policies (including a Data Modem Usage policy for Data Modem customers) which provides more detail about the rules for use of certain Mobile Services, and the actions that might be taken and any network management tools or measures which we may take in order to ensure that use of certain Mobile Services is not excessive, to combat fraud and to ensure that Mobile Services can be enjoyed by all Three our customers; (ii) policies relating to Network management tools or measures that Three may undertake to measure and shape traffic so as to avoid filling or overfilling a network link or node or any IT system; and (iii) policies regarding steps that Three may take to prevent and in reaction to security and integrity threats and vulnerabilities (including threats or vulnerabilities to our Network, IT and other systems). The Customer is able to view these policies on Three’s website or request a copy by calling 1913. The Customer agrees to comply with any policy (including any amended policy) published by Three from time to time that applies to use of the Mobile Agreement for Mobile Services and agrees that Three may implement these policies. (Please note that these policies will set out how these measures may impact on service quality.)