(A) FONEFUNSHOP LTD. has developed a service front-end facility that enables the creation of Unlock Codes.
(B) FONEFUNSHOP LTD. has entered into agreements with payment service providers to accept financial transactional payments in exchange for the service (the "Service")
(C) You (the "Customer") wish FONEFUNSHOP LTD. to provide you with the Service.
(D) The price for the service ("the Price") shall be the quoted price of the Seller, and payment of the Price shall be made by the Customer before delivery of the service.
Service --
2.1 In consideration of the Customer agreeing to the
following terms and conditions, FONEFUNSHOP LTD. agrees
to provide the Customer with Services in accordance with
this Agreement.
2.2 FONEFUNSHOP LTD. reserves the right to amend, with
reasonable notice, the cost, Unlock Code and any other
aspect of the service issued to The Customer.
2.3 FONEFUNSHOP LTD. shall deliver the Service to the
Customer via electronic mail (e-mail) to the address of
the Customer provided at the point of order and in a
reasonable and timely manner. The definition of
reasonable and times shall be at the full discretion of
FONEFUNSHOP LTD. Approximations of code waiting times
are given prior to point of sale, these approximations
are calculated on previously delivered code wait time
averages and are subject to change without notice.
If a code is still processing after the approximated
time FONEFUNSHOP LTD will endeavour to pursue delivery
of the service, however due to the bespoke nature of the
service a cancellation will not be permitted until
service is completed.
2.4 This Agreement shall come into force immediately and
shall cease on delivery of the Service to the Customer.
Costs --
3.1 The price is determined by and quoted by FONEFUNSHOP
LTD., and payment of the Price shall be made by the
Customer before delivery of the Service.
3.2The Customer shall be liable to pay all and any
additional charges in connection with the use of the
Services.
Warranties --
4.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT
FONEFUNSHOP LTD. HEREBY DISCLAIMS, TO THE FULLEST EXTENT
PERMITTED BY LAW, ANY AND ALL OTHER STATEMENTS,
CONDITIONS OR WARRANTIES, EXPRESS AND/OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING AS TO, WITHOUT
LIMITATION, QUALITY, MERCHANTABILITY, OR SUITABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND
TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF
DEALING, USAGE, OR TRADE PRACTICE RELATING TO THE
SERVICES.
4.2 FONEFUNSHOP LTD. DOES NOT AND CANNOT CONTROL THE
FLOW OF DATA TO OR FROM TELECOM NETWORKS. SUCH FLOW
DEPENDS IN LARGE PART ON THE PERFORMANCE OF SERVICES
PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES,
ACTIONS OR INACTIONS OF SUCH THIRD PARTIES OR OTHERS CAN
IMPAIR OR DISRUPT THE FLOW OF DATA. FONEFUNSHOP LTD.
CANNOT PROVIDE ANY ASSURANCE THAT SUCH EVENTS WILL NOT
OCCUR. ACCORDINGLY, FONEFUNSHOP LTD. DISCLAIMS ANY
LIABILITY WHATSOEVER RESULTING FROM OR RELATED TO SUCH
EVENTS.
Limitation of
Liability --
5.1 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN
NO EVENT SHALL FONEFUNSHOP LTD. BE LIABLE TO THE
CUSTOMER IN CONNECTION WITH THE PROVISION OR USE OF THE
SERVICES OR ANY OTHER OBLIGATION OF FONEFUNSHOP LTD.
UNDER THIS AGREEMENT FOR ANY LOSS OR DAMAGES WHICH MAY
BE SUFFERED BY THE CUSTOMER (OR ANY PERSON CLAIMING
THROUGH OR UNDER THE CUSTOMER), WHETHER SUCH LOSSES OR
DAMAGES ARE SUFFERED DIRECTLY OR INDIRECTLY OR ARE
IMMEDIATE, INCIDENTAL OR CONSEQUENTIAL, WHICH FALL
WITHIN THE FOLLOWING CATEGORIES:
A) LOSS OF OR DAMAGE TO TANGIBLE OR INTANGIBLE PROPERTY
B) LOSS OF REVENUE OR PROFITS OR ANTICIPATED PROFITS
C) LOSS OF ANTICIPATED SAVINGS
D) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL
E) LOSS OF DATA
F) LOSS OF BARGAIN
G) BUSINESS INTERRUPTION
H) ECONOMIC OR CONSEQUENTIAL LOSS OF ANY NATURE
I) EXEMPLARY OR PUNITIVE DAMAGES; OR
J) SPECIAL DAMAGE,
THIS CLAUSE SHALL APPLY REGARDLESS OF THE FORM OF
ACTION, WHETHER BASED UPON PRINCIPLES OF CONTRACT,
WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT,
BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR
CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY, IN
CONNECTION WITH THIS AGREEMENT AND EVEN IF FONEFUNSHOP
LTD. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL
FONEFUNSHOP LTD.'S CUMULATIVE LIABILITY UNDER THIS
AGREEMENT EXCEED £50.
5.3 NOTHING HEREIN SHALL EXCLUDE OR LIMIT THE LIABILITY
OF FONEFUNSHOP LTD. FOR DEATH OR INJURY RESULTING FROM
ITS ACT OR OMISSION HEREUNDER
Acknowledgement --
THE CUSTOMER UNDERSTANDS AND AGREES THAT THE REMEDIES,
EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT REFLECT A
REASONABLE ALLOCATION OF THE RISKS OF PRODUCT AND
SERVICE NONCONFORMITY BETWEEN THE PARTIES TAKING INTO
CONSIDERATION, AMONGST OTHER THINGS, THE RESPECTIVE
BARGAINING POSITIONS OF THE PARTIES, THE LEVEL OF FEES
CHARGED AND THE AMOUNT OF INSURANCE INDEMNITY AVAILABLE
TO FONEFUNSHOP LTD. AND THE CUSTOMER IN THIS RESPECT.
THE CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT THE
FEES CHARGED IN RESPECT OF THE SERVICES HEREIN REFLECT,
AND ARE SET IN RELIANCE UPON, THIS ALLOCATION OF RISK
AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AND
LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT.
Warranties and
Indemnities --
7.1 The Customer warrants and undertakes that:
(a) it shall not knowingly use the Service for unlawful
purposes;
(b) it shall not knowingly use (or authorise or permit
any other party to) the Services to receive or transmit
material which is in violation of any law, regulation,
or which is obscene, threatening, menacing, offensive,
defamatory, in breach of confidence, in breach of any
intellectual property right (including copyright), or is
otherwise unlawful;
(c) it shall not knowingly use (or authorise or permit
any other party to) the Services in any way that
contravenes or violates any law, regulation or code of
practice regulating the provision of such Services, or
which would result in FONEFUNSHOP LTD. contravening or
violating any law, regulation or code of practice
regulating the provision of such Services;
(d) it shall not knowingly or recklessly transmit any
electronic material (including viruses) through the
Services which shall cause or is likely to cause
detriment or harm, in any degree, to computer systems
owned by FONEFUNSHOP LTD., other customers of the
Service, or any other Service users;
7.2 Any breach of these obligations shall entitle
FONEFUNSHOP LTD. immediately to terminate this Agreement
and the provision of Services to the Customer without
prior notice.
7.3 The Customer hereby agrees to fully indemnify and to
hold FONEFUNSHOP LTD. harmless from and against any
claim brought by a third party resulting from the use of
the Services by the Customer and in respect of all
claims, losses, damages, liabilities, obligations, costs
and expenses, including reasonable legal fees and
expenses, whatsoever ("Claims") suffered or incurred by
FONEFUNSHOP LTD. in consequence of the Customer's breach
or non-observance of these terms and conditions.
Force Majeure
--
Neither party shall be liable to the other for any loss
of data or if the performance of its obligations under
this Agreement is prevented or hindered or delayed, in
whole or in part, as a result of acts or omissions,
events, causes, or conditions that could not be avoided
by the exercise of due care by such party which include,
acts of God; omissions of the other party or third party
non-performance; failure of or defect and errors in
third party software and hardware; acts of government;
civil disobedience or insurrection; lock-outs;
earthquakes; freight embargoes; acts of civil or
military authority; national emergencies; fire, flood or
catastrophe; war or riots.
General --
9.1 FONEFUNSHOP LTD. reserves the right to vary these
terms and conditions from time to time. Such changes
shall be notified to the Customer in writing and by
posting on the FONEFUNSHOP LTD. Website (www.fonefunshop.co.uk).
Changes in this manner shall be deemed to have been
accepted if the Customer continues to use the Services
after a period of two weeks from the date that the
Customer receives notice in writing.
9.2 Except as expressly provided in this Agreement,
nothing in this Agreement will create or confer any
rights or other benefits on or in favour of any person
who is not a party hereto whether pursuant to the
Contracts (Rights of Third Parties) Act 1999 or
otherwise.
9.3 This Agreement contains the whole agreement between
the parties in respect of the Services and supersedes
any prior written or oral agreement between them
relating to it and the parties confirm that they have
not entered into this Agreement on the basis of any
representations that are not expressly incorporated in
this agreement.
9.4 The Customer acknowledges that it has read and
accepts the terms and conditions of this Agreement. Use
of the Services by the Customer or execution of an order
form by the Customer shall be deemed as acceptance of
the terms and conditions of this Agreement.
9.5 Service performance can only be guaranteed if all
information provided at the point of order by the
Customer is correct and all instructions are followed
precisely, the mobile phone is not stolen, blacklisted
or already unlocked, and the IMEI number has never been
altered, changed or tampered with in any way. Also if
the phone has never undergone an attempted unlocking
with codes in the past
A refund shall not be warranted if all of these criteria
are not met. FONEFUNSHOP LTD. will endeavour to solve
any problem any customer may have while attempting to
use our service, however liability for the success of
the service lies solely with the consumer. Furthermore,
FONEFUNSHOP LTD. cannot guarantee that this service will
enable the target handset to operate on any specific
network. Certain handsets will only operate on certain
networks (ie none 3 network compatible phones will not
work on 3 network as they do not contain compatible 3
hardware.)
9.6 This Agreement shall be governed by and construed in
accordance with the laws of England and the Customer
hereby submits to the exclusive jurisdiction of the
courts of England.
9.7 The unlock code you are given is what you are
purchasing. FoneFunShop LTD. its affiliates and its
parent company cannot be held liable or responsible for
any failure to make that code unlock the phone, or for
any subsequent failure of the phone as a result of any
deviation from the strict instructions.
9.8 The customer agrees that once the order is
processing through our fully automated system, it is not
eligible to be cancelled under any circumstances. Due to
the service we provide being based on the specific
content of the order, the customer agrees to indemnify
FONEFUNSHOP LTD. free of any obligation in accordance
with the Distance Selling Regulations. Furthermore if
the customer should chargeback the cost of the service
after it has been received then the customer agrees
FONEFUNSHOP LTD. will charge a £50 administration fee to
recover monies owed as well as any further legal and
associated costs.
9.9 The customer agrees that it is the customers
responsibility to check local laws to confirm unlocking
the customers phone is legal in their country.
Also any customer receiving any unlocking equipment or
services are required to check local laws before
purchasing. FoneFunShop Ltd. are not responsible for any
law infringements made by its customers.
Refunds
10.1 Where an unlock code can not be found, FONEFUNSHOP
LTD. will attempt to refund the customer within 48
hours. This time starts from when FONEFUNSHOP LTD. is
notified that the unlock code is not available. It may
take longer for the customer to have access to the
refunded money depending on the payment processor and/or
the customer's credit/debit card provider.
10.2 Where a customer requests a refund due to the unlock code not working, they will need to provide the following video evidence via the support links before a refund can be offered. Before providing video evidence the customer should contact the support department for help and to see if alternative unlock methods are available.
- Video the back of the phone with the battery removed clearly showing the label under the battery. Then replace the battery and cover.
- Type *#06# (or any other way of displaying the IMEI on the phone’s LCD) on the phone then wait 5-10 seconds until we can clearly see and read the IMEI of the phone displayed. If present, the operator (on which the phone is currently locked) logo should be clearly visible.
- Insert, in the same phone, a SIM card which is not currently accepted by the phone.
- Wait 5 seconds until we can clearly see and read the message displayed by the phone
- Enter the code received by the server, VERY SLOWLY, and the keys being pressed (or touched) must be clearly seen in the video as the code is entered into the phone.
- If you get an error message, wait 5 seconds so we can clearly see this message
- Please make sure the video is correctly focused and the codes, messages, IMEI are all visible on the phone’s display.
Rights of Consumer -- Nothing in these Conditions shall affect the statutory rights of a consumer..
Network Unlock Specific Terms
AT&T iPhone Unlocking
If customer doesn't pay bill or they find out phone is /
was stolen or still under contract AT&T have the right
to RE-LOCK the phones. This has now happened to a number
of imeis which we unlocked. What this means is ANY ATT
(unless clean off contract fully finished code 52) that
it can be relocked any time by ATT. This is not in our
hands and therefore cannot be held liable for it.
Therefore if you submit AT&T iphone and you get it
marked "unlocked" once phone is UNLOCKED we are not
accountable or responsible if phone is relocked... at
ANY time. If you don't accept these terms and conditions
then DO NOT SUBMIT ..













































































