Tariff Upgrade Terms
These Tariff Upgrade Terms ("Upgrade Terms") are issued by Plan Communications Limited (trading as plan.com) and apply to Eligible Customers in connection with a Tariff Upgrade Offer. These Upgrade Terms are non-contractual and shall be construed and take effect separately from the Customer Agreement (as defined below). Nothing in these Upgrade Terms shall be construed as varying, amending or superseding the Customer Agreement. To the extent of any conflict or inconsistency between these Upgrade Terms and the Customer Agreement, the Customer Agreement shall prevail.
1. Definitions
In these Upgrade Terms, the following words have the meanings given below. Capitalised terms not defined here have the meanings given to them in the Customer Agreement.
2. Eligibility and Tariff Upgrade Offers
2.1. Plan.com may, at its sole discretion, make a Tariff Upgrade Offer to an Eligible Customer from time to time. The making of a Tariff Upgrade Offer does not constitute or create any obligation on plan.com to make equivalent or similar offers to any other customer, nor to make such offers on a recurring or continuing basis.
2.2. A Tariff Upgrade Offer will set out:
(a) the relevant Connection(s) to which the offer applies;
(b) the Upgraded Tariff (including its key features, inclusive allowances and monthly charges); and
(c) the deadline by which the Eligible Customer must accept the offer ("Offer Deadline"), if applicable.
2.3. Tariff Upgrade Offers are personal to the Eligible Customer and cannot be transferred or applied to any other customer or account.
3. Acceptance
3.1. To accept a Tariff Upgrade Offer, the Eligible Customer must confirm their acceptance before the Offer Deadline (if applicable) by one of the following methods:
(a) clicking the acceptance link or button provided in the Tariff Upgrade Offer communication;
(b) confirming acceptance via my.plan; or
(c) such other method as plan.com specifies in the Tariff Upgrade Offer.
3.2. Acceptance is irrevocable once submitted. By completing Upgrade Acceptance, the Eligible Customer agrees to be bound by these Upgrade Terms.
3.3. If the Eligible Customer does not accept the Tariff Upgrade Offer before the Offer Deadline, the offer will lapse automatically and the Existing Tariff will continue to apply.
4. Effect of the Tariff Upgrade
4.1. Following Upgrade Acceptance, the Tariff Upgrade will take effect on the Upgrade Effective Date. From that date, the Upgraded Tariff will apply to the relevant Connection(s) in place of the Existing Tariff.
4.2. From the Upgrade Effective Date, the monthly charges applicable to the relevant Connection(s) will be as set out in the Upgraded Tariff. No charges will be pro-rated or adjusted for the month in which acceptance is given; the Upgraded Tariff charges will apply in full from the Upgrade Effective Date.
4.3. Save as expressly modified by the Tariff Upgrade, all terms of the Customer Agreement (including the applicable Minimum Term, payment obligations, acceptable use policies and all other rights and obligations of the parties) shall remain in full force and effect and are unaffected by these Upgrade Terms unless expressly stated otherwise in the Tariff Upgrade Offer.
5. Permanent Change
5.1. The Tariff Upgrade is a permanent change to the applicable tariff for the relevant Connection(s). Following the Upgrade Effective Date, the Customer may not request a downgrade from the Upgraded Tariff back to the Existing Tariff or to any lower-value tariff during the current Minimum Term.
5.2. For the avoidance of doubt:
(a) the Customer may request a further upgrade to a higher tariff at any time, subject to plan.com's prevailing terms and availability;
(b) any right to downgrade or change tariff shall only arise on renewal of the applicable Minimum Term under the Customer Agreement; and
(c) nothing in this clause 5 limits or restricts the Customer's rights to terminate the Customer Agreement (or any individual Service) in accordance with its terms.
5.3. Where the applicable Minimum Term expires and is renewed, the Customer's tariff options at renewal (including any right to downgrade) shall be governed by the terms applicable at the time of such renewal.
6. Construction and General
6.1. These Upgrade Terms are non-contractual in nature. They do not constitute, and shall not be construed as constituting, a variation, amendment or supplement to the Customer Agreement. No term of these Upgrade Terms shall be incorporated into, or have the effect of modifying, any Order or other document forming part of the Customer Agreement.
6.2. Interaction with the Customer Agreement. The Customer Agreement continues in full force and effect in accordance with its terms. For the purposes of clause 8.1(a) of the General Terms and Conditions (changes exclusively to the Customer's benefit), a Tariff Upgrade effected pursuant to these Upgrade Terms constitutes a change that is exclusively to the Customer's benefit. Accordingly, no minimum notice period under clause 8.3 of the General Terms and Conditions shall be required in respect of a Tariff Upgrade.
6.3. Capitalised terms used but not defined in these Upgrade Terms shall have the meanings ascribed to them in the Customer Agreement. Following the Upgrade Effective Date, all references in the Customer Agreement to "Tariff" or "Charges" in relation to the affected Connection(s) shall be read as references to the Upgraded Tariff and the charges applicable thereunder.
6.4. Nothing in these Upgrade Terms confers or is intended to confer any benefit or right on any person other than the Eligible Customer and plan.com