To ensure all our customers can enjoy the best possible Truphone Service, the usage of the Truphone Service is subject to our fair usage policy. In essence, the usage of the Truphone Service is solely permitted for reasonable use with an approved mobile handset. Details of our Fair Usage Policy are stated below:
1. Use for commercial gain is forbidden:
1.1 Without Truphone's agreement, the re-selling of data; and
1.2 With the exception of Shared Plans, strictly for personal or legitimate day-to-day business use only.
2. Fair use details:
2.1 You must not use the Truphone data service for any of the following:
(a) Continuous streaming of content; and
(b) In any way that causes adverse impacts on other Truphone customers or the Truphone network.
2.2 Your permitted data usage is for web browsing, messaging, and similar activities on your handset.
2.3 You accept all liabilities arising out of or in connection thereto for tethering your device to a personal computer or other hardware device in particular you agree not to hold us liable for using your SIM in this manner. For the avoidance of doubt, you acknowledge that you may not be able to tether your devices to a personal computer or other hardware device and should this be available, significant data charges may incur. You also hereby accept that you will be held liable for the data charges that may incur as a result of tethering the devices to a personal computer or other hardware device.
2.4 All data usage is subject to periodic volume reviews by Truphone and Truphone reserves the right to limit or regulate the volume of data usage where there is evidence of continuing excessive data usage. Unless otherwise agreed, over 5 Gigabytes per month data usage is considered excessive data usage. Our actions in this regard may include taking measures such as temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. Truphone may also suspend, terminate, or restrict your data session, service plan, or service if you use your data usage in a manner that interferes with our other customers' service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for our other customers.
2.5 If Truphone has reason to believe that any of this policy is not being observed Truphone reserves the right to:
(a) Apply additional charges; and/or
(b) Regulate speed of Service; and/or
(c) Terminate access to the Service.
Truphone reserves the right to change the terms and conditions of this Policy from time to time. Please refer to our website for the latest version. Nothing in this Policy overrides nor prejudices our rights under the terms and conditions of the Mobile Service Agreement.