Three Evolve Price Plan Rules

General

These tariff terms apply in addition to the Three Evolve General Terms and Conditions (the "General Terms") applicable to you and any terms appearing on your Customer agreement form. This is an 18/24 month minimum term contract. If you terminate this Agreement before the expiration of 18/ 24months termination fees may apply as calculated in accordance with the General Terms.

Handset Locking: Smart phones that are exclusively offered by Three are restricted to use on the Three network unless you are roaming. If you do not enter into and remain in an applicable agreement with Three on one of our Three Evolve tariffs, you will not be able to use the full phone functionality. If you attempt to unlock your smartphone and use it on another network, it may become permanently unusable. Making unauthorised modifications to the software on your smartphone violates the smart phone software license agreement, and the inability to use your smartphone due to unauthorised software modifications is not covered under your phone's warranty.

Billing: All charges are inclusive of VAT at the applicable rate. All charges are shown per minute and billed per minute unless otherwise stated. Tariffs are rounded to two decimal places for informational purposes.

Roaming: As charges vary it is important that you check up to date roaming rates for voice and data which are available on http://www.three.ie/legal/older-pricing/

Changing Plans: Within the first six months of your contract you can migrate to an equivalent or higher Three Evolve price plan without incurring termination fees. Where you have served a minimum of six months on your contract but are still within your minimum contract term you can move to any Three Evolve price plan that is then available, without incurring termination fees. Please note that Smartphone customers must connect to a Three Evolve price plans and may only move to alternative Three Evolve price plans. If you wish to avail of a price plan with unlimited data for mobile internet browsing included then you must agree to a further minimum term commitment of 18 months.

Eligibility: Connection to a Three Evolve price plan is subject to status, credit-scoring, payment by direct debit and an 18/ 24 month minimum term Three contract. Three reserves the right to withdraw the Three Evolve price plans generally or from any particular Customer at any time and to vary or amend any element of the price plans in accordance with the notification procedures as set out in the General Terms. These terms and conditions may be varied or amended by Three for any valid commercial, technical, legal or operational reason. It is a requirement that you pay your monthly bill by Bank Direct Debit or Credit Card Direct Debit. Any customers transferring to a Three Evolve price plan will lose any accrued allowances.

Three Evolve 150, 250, 350 and 550 Price Plan information
Minutes: The Evolve price plan voice minutes can be used for calls made in Ireland to Irish mobile or landline numbers, calls to non-geographic numbers (1800, 1850, 1890, 0818 and 076) and calls made in the EU to Irish or EU landline or mobile numbers and voicemail whilst in the Republic of Ireland or the EU.

Additional call rates apply once inclusive minutes have been used. Voice minutes are decremented from the plan on a per minute basis. All calls to international numbers, premium rate numbers, directory enquiries and all other call types are excluded from your voice minutes and will be charged as per the standard other call charge rates as published on http://www.three.ie/legal/older-pricing/ Unlimited Three to Three minutes on the Three Evolve 150 and Three Evolve 250 price plans are subject to fair use and can be used only when both you as caller and the recipient are in the Republic of Ireland

Texts: Anytime texts can be used for texts sent in Ireland to Irish mobile numbers and to texts sent in the EU to Irish or EU mobile numbers. Additional text rates apply. Once all inclusive texts have been used. All texts sent to premium rate numbers, international numbers and directory enquiries numbers are excluded and are charged as per the rates for Pay monthly customers available on http://www.three.ie/legal/older-pricing/ Unlimited Three to Three texts on the Three Evolve 150 and Three Evolve 250 price plans are subject to fair use and can only be used when both you as sender and the recipient are in the Republic of Ireland.

MMS: MMS functionality is device dependent and price plan allowances, where applicable, can be used for MMS to any mobile network within the Republic of Ireland. Excludes roaming and use in excess of monthly allowance is charged at standard price plan rates.

Data: Your Price Plan comes with the All you Can Eat Data service in the Republic of Ireland. The EU fair use policy is applied in respect of the All you Can Eat Data service and the EU Roaming Allowance above is calculated in accordance with the EU fair use policy at http://www.three.ie/web/legal/consumer/

The Service may only be used within Three's coverage area within the Republic of Ireland.

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 All you can Eat data service is available for use with your SIM Card in your handset only. Tethering or use of your handset as, or the SIM in conjunction with, a modem is not allowed. In the event that we identify that you have breached this condition, Three reserves the right to suspend, modify or restrict your use of the All you can Eat data service or to withdraw your access to the All you can eat Data service at its absolute discretion.

Under no circumstances will Three be liable for any losses, damages, costs or expenses arising from or in any way connected with any errors, defects, interruptions, malfunctions or delays in the data service or the provision of the service.

You must not use the All you can eat data service for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing of any information which is of an offensive, abusive, indecent, obscene or menacing nature.

You are responsible for any misuse of the All you can eat Data service even if it is by another person using your access to the All you can eat Data service.

The All you can Eat data service is supplied to you on an “as is” basis and we make no representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the All you can Eat data service or their content.

We may suspend the operation of the All you can Eat data service for repair or maintenance work or in order to update or upgrade the contents or functionality of the All you can Eat data service from time to time. We may terminate your access to and use of all or any part of the service without cause or notice if we terminate the service or it ceases for any reason. All usage while roaming outside of the EU will be charged at standard data roaming rates which can be viewed on www.three.ie.

Note: Unused inclusive minutes, texts, MMS and data cannot be carried over to the following month. Tethering and Visual voicemail features are not currently supported on Three Evolve price plans

Three Evolve Fair Use Policies

Data Fair Use applies to unlimited data plans:

For plan allowances and the surcharge which applies if you exceed your roaming fair usage limit, please see the Price Guide at http://www.three.ie/legal/older-pricing/. Your Price Plan comes with the All you Can Eat Data service in the Republic of Ireland. The EU fair use policy is applied in respect of the All you Can Eat Data service and the EU Roaming Allowance above is calculated in accordance with the EU fair use policy at http://www.three.ie/web/legal/consumer/.

Three has developed the fair use policy to ensure that all customers have a good mobile internet experience. It is important that customer use of unlimited data for mobile internet browsing is fair. Three has developed this threshold by reference to average high data usage for browsing on the mobile handset. In addition all usage must be for private, personal and non-commercial purposes. You may only use the feature for Internet Browsing on your Smartphone device. The service is restricted for use on the ‘Internet’ APN and you will be charged if you use a different APN. You may not use the unlimited data for mobile internet browsing if you are using your device as a modem or with your SIM card in or connected to any other device including modems. You may not use your unlimited data feature to allow the continuous streaming of any audio / video content, to enable Peer to Peer or file sharing, or in any way that adversely impacts the service to other Three customers.

If Three reasonably suspects you are not acting in accordance with the fair usage requirements, and having attempted to contact you first, Three reserves the right to switch you to an alternate inclusive data option with standard browsing charges, to impose network protection controls which may reduce your speed of transmission, to remove the Unlimited Data feature from your account or to terminate your price plan or your account. Three reserves the right to withdraw or amend this offer at any time on reasonable notice.

Unlimited Calls and Text Fair Use: This is applicable to Unlimited Three to Three calls and texts on Three Evolve 150 and Three Evolve 250 plans. It is important to Three that all eligible Customers are able to access our services and usage of unlimited calls or texts must be reasonable and fair. If, having considered the average high usage of calls and texts by customers, Three is of the opinion that your usage of the Service is excessive, then Three may contact you to advise you that your usage breaches the fair use policy. If the excessive usage continues to exceed the threshold after receipt of a request to desist from or alter the nature of such usage, Three reserves the right at its absolute discretion to: (i) impose further charges, or (ii) transfer you to a tariff which does not include unlimited texts or calls, or (iii) suspend, modify or restrict use of the Service or (iv) terminate your access to the Three network.

The Service must not be used under any circumstances (i) in conjunction with any SIM gateways, GSM gateways or any similar device that is use to route (or re-route) voice, text or other service on, from or to the Three network, or which diverts / transfers calls to multiple mobile numbers or (ii) in conjunction with any device for the purpose of sending or receiving large volumes of text messages, or (iii) to sell attempt to sell or otherwise provide commercial services to any third party or, (iv) to provide any telecommunications services to any third party whether by way of trade or otherwise, or (v) other than for private, personal purposes, or (vi) in any other manner that adversely impacts the Three network for other Three customers. Three reserves the right to terminate your access to the Three network without notice where it appears to Three that any customer is using, or has used, the Service in this or in any related manner.