Three Ireland (Hutchison) Limited Prepay Service

Prepay Price Plan terms and conditions after 3rd May 2022

The following terms and conditions of the Prepay service (“the Service”) are in addition to and form part of the terms and conditions of the Three Ireland (Hutchison) Limited ("Three") terms of service available in the Small print Guide which is available on three.ie. In the event of any conflict the terms and conditions below shall prevail.
You may apply Top-up credit (“credit”) to your prepay account by means of any of the methods made available by Three from time to time and may thereafter use the Service for a certain fixed period as advised by Three from time to time. Additional, free or incremental credit may also be applied from time to time. The amount of the credit will reduce as a result of the Service being used according to charges as set out at https://www.three.ie/legal/pricing.html. No Services may be made once all credit has been used (with the exception of calls to the emergency services). Prepay Top-up vouchers must be activated within 90 days of purchase.
A minimum level of credit (as specified by Three from time to time) must be applied to the prepay account at such other intervals as Three may specify from time to time, failing which no Service may be used. All unused credit will be carried forward at the time credit is applied to your account provided the minimum required level of credit has been applied to your account at least once during the specified interval.
Top Up expiry rules are as follows

(a) Top Up Expiry for credit applied before 3rd May 2022

Any credit purchased, via a top up terminal or through our online top up facility, shall expire after a 180 day period following activation of that voucher (“eligible cash voucher period”). This expiry period applies to each individual voucher applied to an account.

Example – A prepay account has €30 credit on it on 1 January which was applied by you that day. If you purchase and activate a voucher for €20 later that same day, assuming you do not top up again before 1st July that year, you need to have used more than €30 of your prepay credit prior to 1 July that year so that the €20 credit activated on 1 January does not expire.

(b) Top Up Expiry for credit applied on or after 3rd May 2022

Any top up credit on your account applied on or after 3rd May 2022 will expire after 180 days.

Any free voucher credit (including but not limited to initial top-up credit, mobile number portability credit, My3 registration credit and any phased draw down credit) shall expire after 30 days. Any registration credit or initial top up credit preloaded on your Three SIM card will be applied immediately. Any porting credit will be applied to your account in accordance with the terms of particular porting offers we may run from time to time. Where you are eligible to avail of any phased draw down credit, this will be applied to your account in 30 days after the purchase of your credit, registration or activation on the Three network, as appropriate.
Free voucher credit can only be used for Services in Republic of Ireland. Roaming services and Add-ons are excluded.
No credit shall be applied should you disconnect from the Three network before application of same and no right or entitlement to either credit or monetary value shall apply. From time to time Three may make specific promotional offers available to you. At any particular time, only one promotional offer may be availed of and you are not eligible to simultaneously avail of more than one promotional offer or discount made available by Three. Three reserves the right to vary or amend these terms and conditions or withdraw any promotional offer in whole or in part at any time, for any deemed valid commercial, technical or operational reason.
Each text / photo /video message can accommodate 160 characters. Some handsets allow for more, these will be divided and sent in numerous messages (depending upon length). Each message will be deducted from your monthly allowance (if any) or charged at standard rates.
International messaging functions are subject to services arrangements with respective networks abroad. Calls and messages to these numbers are excluded from any inclusive allowance in all price plans.

€20 Top Up: All You Can Eat Data Service in ROI only – 14GB data allowance in ROI and EU - Free Text – Free Three-to-Three Talk

The following terms and conditions of the All You Can Eat Data Service, free text and free Three-to-Three call Offer (the “Offer”) are in addition to the terms and conditions of Three Ireland‘s mobile telecommunications service which are available on www.three.ie. In the event of any conflict the terms and conditions below shall prevail.
This Offer is only available to Three Ireland (Hutchison) Limited prepay customers topping up by a minimum of €20 in one go.
Eligible Customers must then top-up by €20 or more, in one go, every 28 days and maintain a positive credit balance to continue to receive the talk/text/All you can eat Data Service under the Offer.
This Offer comes with the All you Can eat Data Service. The terms of the ROI only All You Can Eat Data Service are available at https://www.three.ie/legal/terms.html.
Three continuously monitors network performance to ensure that the service received by customers is not impacted through a minority of users placing high demand on network resources (e.g. large bandwidths over long periods).
The 14GB data allowance you receive with €20 top up may be used in the European Union and Republic of Ireland (ROI).
Text messages to landlines must be to normal landline numbers capable of receiving text messages, text messages to premium rate or non-standard numbers do not apply.
A fair usage policy limit of 3,000 any-time ROI to ROI Three to Three minutes applies to the 28 day period succeeding your top up. You will be contacted by Three if your usage exceeds our fair usage policy. Three reserves the right to charge customers who persist in using the Service where such usage has been deemed excessive or to suspend, at its absolute discretion, modify or restrict your use of the Service or to disconnect you from the Three network.
A fair usage policy limit of 3,000 texts for use with ROI and the EU for the 28 day period succeeding your top up applies to the free text element of the Offer. You will be contacted by Three if your usage exceeds our fair usage policy. Three reserves the right to charge customers who persist in using the service where such usage has been deemed excessive or to suspend, at its absolute discretion, modify or restrict your use of the service or to disconnect you from the Three network.
The All you Can Eat Data Service and free Three to Three minutes elements do not apply if you are roaming outside the Republic of Ireland or for international calls. Multimedia Message Service (MMS) messages are expressly excluded from the free text element of the Offer. Text messages to landlines must be to normal landline numbers capable of receiving text messages, text messages to premium rate or non-standard numbers do not apply.

The Service and its constituent provisions are restricted to personal use only. Three reserves the right to withdraw or terminate the Service without notice, in the event that Three believes that same is being used, or has been used, for commercial purposes, for example the use of a gateway.
Promotional Top Up credits, including porting credits will only be applied once for each phone number.
Except as expressly provided in these terms and conditions, all conditions, terms, warranties and representations whether express or implied by law in relation to the provision of the Offer are excluded to the fullest extent permitted by the applicable law.
Three reserves the right to withdraw the Offer generally or from any particular customer at any time and to vary or amend any element of this service at any time without further notice. These terms and conditions may be varied or amended by Three for any valid commercial, technical or operational reason.

Prepay Broadband.

The 3 Prepay Broadband SIM card can also be used in a Three mobile to make calls
Prepay Broadband can be used where Three has coverage.
If you have enabled the "out of bundle usage" on your account and you exceed the relevant daily, weekly or 28 day allowance, your excess usage will be charged out of any available top-up credit.

Call Me service terms and conditions.

The following Call Me service terms and conditions (“Callme”) apply to Three’s Prepay customers and are in addition to that are contained in the Small Print (provided with your SIM card and also available at www.three.ie) and the applicable Price Plan set out in the Price Guide (see www.three.ie/priceplans). In the event of any conflict, these Terms shall prevail. Capitalised terms in these Terms have the same meaning as used in the Glossary of Terms contained in the Small Print, unless specifically defined in these Terms.
Prepay customers are permitted to send the message “Callme” to the mobile number they wish to be contacted by, to 50100 at no charge.
Callme is capped at 5 messages per calendar month.
In the event that you exceed this limit of 5 messages per month, you will receive a message advising that you have exceeded your limit.
Your Callme text can only be sent to Republic of Ireland mobile customers and can be received by such customers in the Republic of Ireland or the U.K.

Prepay Add-ons.

Prepay Add-ons must be used within twenty-eight (28) days of purchase.

EU Fair Use Policy

The ‘EU Roaming Regulation’ (Regulation (EU) 2015/2120) permits operators to apply a fair use policy in accordance with the European Commission’s Fair Use Regulation (Commission Implementing Regulation of 15.12.2016).

The following definitions shall apply for the purposes of this fair use policy:

The following terms have the same definition as provided for in Regulation (EU) No. 531/2012, as amended: (i) regulated roaming call; (ii) regulated roaming SMS message; (iii) regulated data roaming service; and (iv) domestic retail price.
‘Open data bundle’ has the same definition as provided for in in Article 2 of the European Commission’s Fair Use Regulation.
‘Regulated retail roaming service’ means a regulated roaming call, regulated roaming SMS message or regulated data roaming service.
These terms and conditions may be amended from time to time in line with the EU Roaming Regulation.

Normal residence or stable links

Three may reasonably request customers to provide proof of normal residence in the Republic of Ireland or proof of stable links entailing a frequent and substantial presence in the Republic of Ireland.
In the case of pre-paid tariff plans (as defined in the European Commission’s Fair Use Regulation (Commission Implementing Regulation of 15.12.2016), as an alternative to section 1.1 above, Three may limit the consumption of data roaming retail services within the EU at the domestic retail price to the volumes equivalent to at least the volume obtained by dividing the overall amount, excluding VAT, of the remaining credit available and already paid by a customer to Three, at the moment of commencing roaming, by the prevailing regulated wholesale roaming charge referred to in Article 12 of Regulation (EU) No. 531/2012.

Monitoring fair usage

Three may monitor a customer’s usage of Three’s voice, SMS and data services over a cumulative four month period to establish whether consumption of Three’s voice, SMS or data services in the Republic of Ireland constitutes more than 50% of the customer’s consumption of Three’s voice, SMS or data services over that cumulative four month period.
Three may monitor a customer’s presence while consuming Three’s voice, SMS or data services over a cumulative four month period to establish whether the customer was present in the Republic of Ireland for more than 50% of the time (measured in days) that the customer is consuming Three’s voice, SMS or data services over that cumulative four month period.
Three may decide not to provide regulated retail roaming services at the domestic retail price to a customer where that customer’s consumption of Three’s voice, SMS or data services in the Republic of Ireland constitutes 50% or less of the customer’s aggregate consumption of Three’s voice, SMS or data services over a cumulative four month period and if that customer’s presence in Ireland over the cumulative four month period constitutes 50% or less of the time (measured in days) that the customer consumes Three’s voice, SMS or data services over that cumulative four month period.
Three may decide not to provide regulated retail roaming services at the domestic retail price to customers using a specific SIM card where that SIM card has not been used or has virtually not been used over a four month period for making or receiving a call, sending an SMS or for data services in the Republic of Ireland in accordance with paragraph 37 of guidelines issued by BEREC (the Body of European Regulators for Electronic Communications) on 27 March 2017 (BEREC Guidelines on Regulation (EU) No 531/2012, as amended by Regulation (EU) 2015/2120 and Commission Implementing Regulation (EU) 2016/2286 (Retail Roaming Guidelines)).
Three may decide not to provide regulated retail roaming services at the domestic retail price to a customer that has subscribed to and sequentially used multiple SIM cards while roaming in accordance with Article 4 (4) sub-paragraph 7 of the European Commission’s Fair Use Regulation.
Where Three detects that a customer’s use of a SIM card allows Three not to provide regulated retail roaming services at the domestic retail price in line with sections 2.3 – 2.5 above, Three shall alert the customer about the detected behaviour indicating that the customer will be charged a surcharge pursuant to Article 6e of Regulation (EU) No 531/2012 for use of Three’s regulated retail roaming services after the date of such alert unless the customer demonstrates actual consumption of Three’s voice, data or text services in Ireland or actual domestic presence within two weeks of the alert.
For the purposes of sections 2.2 and 2.3 above, any day when a roaming customer has logged onto the Three network shall be counted as a day of domestic presence of that customer.

Organised resale

Three may immediately take any necessary measures at wholesale or retail level to ensure compliance with a relevant customer contract when it detects that a number of SIM cards have been the object of organised resale to persons not effectively residing or having stable links in the Republic of Ireland for purposes other than periodic travel.

Open Data Bundles - EU Roaming Data Allowance and Surcharge

Where applicable, your EU roaming data allowance is calculated in accordance with Regulation (EU) No 531/2012, as amended and prevailing data wholesale roaming caps from 15 June 2017. Article 4 (2) of the European Commission Fair Use Regulation provides: “Without prejudice to any applicable domestic volume limit, in the case of an open data bundle, a roaming customer is able to consume when periodically travelling in the EU a volume of data roaming retail services at the domestic retail price equivalent to at least twice the volume obtained by dividing the overall domestic retail price of that open data bundle, excluding VAT, corresponding to the entire billing period by the regulated maximum wholesale roaming charge referred to in Article 12 of Regulation (EU) No 531/2012. In the event of bundled sale of mobile retail services with other services or terminals, the overall domestic retail price of the data bundle is determined by taking into account the price applied to the separate sale of the mobile retail services component of the bundle, excluding VAT, if available, or the price for the sale of such services with the same characteristics on a stand-alone basis”. For details of your EU roaming data allowance, please see https://www.three.ie/price-guide/.
When you exceed the EU roaming data allowance that applies to your plan, a surcharge will apply. For details of the surcharge, please see https://www.three.ie/price-guide/.
Three will send a notification to you when your volume limit of data roaming service is fully consumed. This notification will indicate the surcharge that will be applied to any additional consumption of data roaming services by you. You have the right to require Three to stop sending such notifications and the right, at any time and free of charge, to require Three to provide the service again.

Advice of Charge

The Advice of Charge message that you receive when roaming in the EU will include information on this fair use policy and the surcharges which apply in excess of your volume limit.

Complaints

If you have a complaint in respect of this policy, please contact us on 1913. All complaints will be dealt with in line with our Code of Practice: https://www.three.ie/legal/policies/code-of-practice/.

These terms and conditions are in addition to and form part of the full Terms and Conditions of the Three Service.