Commission Reclaims - Contract Connections

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Please find below the various terms and conditions relating to commission reclaims across the five UK networks with whom we currently operate.

All Networks

ATUK reserves the right to raise a commission reclaim within the following clauses of our full terms & conditions

￿Where there is evidence of non compliance with the Service Provider’s operational procedures as notified from time to time.

￿In respect of any Airtime Agreement where the end customer’s call spend is lower than that reasonably expected. The determination of ‘reasonable call spend’ to be entirely at the discretion of the relevant Service Provider.

￿In respect of any connection where minimal call activity takes place within a six calendar months’ billing period from the relevant Service Provider from the date of connection. The determination of ‘minimal call activity’ to be entirely at the discretion of the relevant Service Provider.

￿In respect of any Airtime Agreement where the Buyer does not supply new units to the End Customer

￿In respect of any Airtime Agreement procured via unauthorised marketing activity on the part of the buyer.

￿The Seller will clawback all and any amounts as may be reclaimed by the Service Provider from the Seller from time to time for any reason whatsoever.

￿The relevant network and ATUK must approve all “gateway” connections before any commission payments will be made. Failure to disclose at point of credit check a “gateway” application will invalidate the connection resulting in the commission payment being withheld or reclaimed without notice.

￿Where the connection is deemed to be for commercial gain.

￿If a phone is disconnected within the first 14 days.

￿If a request is made for proofs and these are not supplied within 14 days of the request being made.

￿Where the connection has been identified by Orange as fraudulent.

￿Where value added services are sold and subsequently disconnected within three months.

￿Due to an amendment to the terms and conditions from the Orange network concerning provisions for clawbacks, as of

Talking Shop 09/07

the 1st February 2003, ATUK reserves the right to clawback any commission following any connection or price plan change when, in the sole belief of Orange, the connection or disconnection has been made for the commercial gain of either the customer or connecting dealer.

￿Any errors in commission payments can be reclaimed up to 12 months from date of connection.

￿If a phone is disconnected for whatever reason within 180 days from date of activation.*

￿If a customer fails to pay the first 6 months bills in full.

￿If a price plan is downgraded within 6 months on Vodafone the additional commission will be reclaimed.

￿If a price plan is downgraded within 7 months (consumer) or 12 months (business) on O2, the additional commission will be reclaimed.

￿Where the connection has been identified by Vodafone/O2 as fraudulent.

￿Where value added services are sold and subsequently disconnected within 180 days (Vodafone) and 6 months (O2) a commission reclaim will be applied.

￿Any errors in commission payments can be reclaimed up to 12 months from date of connection.

￿If a request is made for proofs for SOHO customers only and these are not supplied within 10 days of the request being made.

￿Where the connection has been identified by T Mobile as fraudulent.

￿Commitment VAS Pack disconnection clawback - If a customer disconnects a commitment VAS pack after 31 days but before the end of the 5th month following the month of connection (approx. 6 months) then the VAS pack commission is clawed back.

￿Non-Commitment VAS packs including business SOC - If the VAS pack SOC is not active at the end of the 2nd month following the month of connection (approx. 3 months) then the VAS pack commission is clawed back.

￿Non-Commitment VAS pack migration - review at end of the

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Sony Ericsson W880i manual Commission Reclaims Contract Connections, All Networks