Consumer and
Business Customer Pay Monthly terms and conditions
(July 2008)
These terms and
conditions contain two separate agreements, a Services Agreement which covers
our supply of airtime and other services, and an Equipment Agreement which
covers our supply of phones and other equipment. The general terms and
conditions are part of both agreements and, where required for the sake of
clarity are referred to as the General Terms. The agreement that applies to you
will depend on what you have purchased from us, but if you have purchased an
airtime tariff and a handset both the Service and Equipment Agreements will
apply.
1. Services
Agreement
1.1 The following paragraphs set out the
terms and conditions for the supply of Services by us (if you have purchased
Equipment please see the separate Equipment terms and conditions below). In
addition, the General Terms supplement this Agreement and are incorporated into
this Agreement. Words used in this Agreement may be defined in the General
Terms. Please refer to the end of this document for a full explanation of the
defined terms used in it. Services, offers and promotions may be subject to
additional terms and conditions advertised on our website
www.o2.co.uk and/or in our marketing literature.
Please check our site regularly as these terms are updated from time to time.
1.2 Use of our WAP Services and O2 Web
Services are subject to the Web, WAP and i-mode® terms and conditions,
available to view on our website www.o2.co.uk. Please check our website
regularly as these terms are updated from time to time.
1.3 If you connect to a BlackBerry® from O2
tariff, separate terms and conditions and charging information will apply and
can be viewed on our website
www.o2.co.uk.
1.4 Use of the Broadband Service is subject
to terms and conditions available to view on our website www.o2.co.uk.
Please check our website regularly as these terms are updated from time to
time.
2. Provision of
and Use of the Service
2.1 The Service is not available in all
parts of the
2.2 If you wish to make international calls
or use our international roaming service we may ask you to demonstrate a
satisfactory billing history or to pay a deposit which may be used to offset
the cost of those calls. Unless otherwise stated, if you use your Mobile Phone
abroad you will be charged for incoming calls and may be charged significant
amounts for data usage provided by a foreign network operator. Roaming calls
and data usage may also take longer to be billed.
2.3 We may, using reasonable skill and
care, exercise our discretion to refuse to provide any part of the Service to
you (other than the making or receiving of calls). Service is not fault-free
and it may be impaired by geographic, atmospheric or other conditions or circumstances
beyond our control and you will be entitled to the quality of service generally
provided by a competent mobile telecommunications service provider exercising
reasonable skill and care.
2.4 We will do our best to provide service
to you and any Additional Services requested by you (such as roaming) or if you
instruct us to change your Service (e.g. to bar calls) by any date we have
agreed with you but our ability to do so
May be affected by
circumstances beyond our control.
2.5 We will allocate a number for use of
your Mobile Phone on the Network. The number does not belong to you and may
only be transferred to another service provider in certain circumstances
(including payment of our costs) details
Of which are
available on request from Customer Services.
2.6 We or our agents may record or monitor
telephone calls, emails and any other communications between you and us (or our
agents) for training and quality control and our lawful business purposes.
2.7 We will use reasonable endeavours to
maintain Content but it may be incomplete, out of date or inaccurate and is
provided on an “as is” basis. It is a condition of us allowing you access to
Content that you accept that we will not be liable for any action you take in
reliance on Content.
2.8 We may vary Content or the technical
specification of the Service from time to time.
2.9 The Service enables access to Content.
You may only use Content in a way that does not infringe the Rights of others
(“Approved Use”) and you must comply with all other instructions issued by us
regarding use of Content. You shall not store, modify, transmit, distribute,
broadcast, or publish any part of any Content other than for an Approved Use.
The re-selling, copying or incorporation into any other work of part or all of
the Content in any form is prohibited save that you may print or download
extracts of Content for your personal use only.
2.10 You are solely responsible for
evaluating the accuracy and completeness of Content and the value and integrity
of goods and services offered by third parties over the Service. We will not be
a party to or in any way responsible for
Any transaction
concerning third-party goods and services except in the case of negligence on
our part.
2.11 If you use our eCare service via o2.co.uk,
it is a condition of this Agreement that you provide us with a current
email address for billing purposes and that you maintain this address and
advise us promptly of any changes to it.
It is your
responsibility to verify that your mailbox is in proper working order and you
must assume the risk of all consequences for errors in sending and receiving
email, unless caused by our negligence.
2.12 In some instances, online billing may
be compulsory and you may not be given the option of being sent a paper bill.
In such instances, it is a condition of this Agreement that you provide us with
a current email address for billing purposes and that you maintain this address
and advise us promptly of any changes to it. It is your responsibility to
verify that your mailbox is in proper working order and you must assume the
risk of all consequences for errors in sending and receiving email, unless
caused by our negligence.
2.12 We reserve the right to add to,
substitute, or to discontinue any Additional Services at any time. We do not
guarantee the continuing availability of any particular Additional Services.
2.13 You may ask us to include your Mobile
Phone number in a telephone directory and/or a directory enquiry service.
However, you should be aware that, if you request this service (for which we
may charge a fee), your number will be made accessible to companies that
compile information for marketing purposes. If you are worried about this, you
can prevent it from happening by registering your Mobile Phone number with the
Telephone Preference Service on www.tpsonline.org.uk. If you want your
mobile phone number to be included in a directory and or a directory enquiry
service, please contact Customer Services.
3. Length of
Agreement
3.1 This Agreement commences, following
acceptance of your application by us, on the day on which you receive your SIM
Card or, if you do not receive your SIM Card at the time of purchase, for
example if you connect to an online tariff, on the day your SIM Card is
dispatched.
3.2 At the end of any Minimum Period or
following commencement of the Agreement if you have selected a SIM Only tariff,
this Agreement will continue until it is terminated in accordance with
paragraph 8 below.
3.3 If you upgrade your Handset with us you
agree that a new Minimum Period will apply. This will commence on the date that
you upgrade.
4. Things we may
have to do
4.1 Occasionally we may have to:
(a) alter the number of your Mobile Phone,
or any other name, code or number associated with the Service for reasons beyond
our control such as where requested to do so by a government or regulatory body
or where we reasonably believe that the alteration will enhance your use of the
Service. If this is the case we will give you reasonable notice;
(b) Temporarily suspend the Service (or any
part of it) for operational reasons or in an emergency or for reasons of
security; or
(c) Bar certain numbers from the Service on
a temporary or permanent basis in order to prevent fraud or in circumstances
where we would suffer a direct loss.
4.2 From time to time we may have to
migrate your Account from one billing platform to another. In these
circumstances we will notify you if migration of your Account will affect the
Service in any way.
5. Charges for
Services
5.1 Charges for using the Service will be
calculated using the details we have recorded. More detailed charging
information can be found in the O2 Price List.
5.2 Unless you have itemised billing the
total amount for all Charges will be included as a single item on your bill.
5.3 You must pay your monthly bill by the
date stated on the bill. For any overdue payments we may charge interest at 2%
above the base lending rate of HSBC Bank Plc. Interest is charged on a per
annum basis, calculated daily. We reserve the right to make a charge for our
reasonable administration costs which we incur in the case of late payment or
non-payment of Charges.
5.4 We cannot set usage limits on your
account and you will be liable for all Charges incurred by use of the Service
under this Agreement whether incurred by you or anyone else using your Mobile
Phone (with or without your knowledge). You must pay the Charges to us or as we
direct.
5.5 We will monitor usage of the Service
via your account for the purpose of controlling our credit risk and your
exposure to fraudulent usage. If usage on your account gives us cause for
concern we will attempt to contact you by text message, by calling your Mobile
Phone or by email. If we are unable to contact you we may have to restrict use
of the Service on your Mobile Phone and/or we will have the right to bar your
Mobile Phone from using the Services. You will need to contact us before you
can use any of the chargeable aspects of the Service. You may be required to
make an interim payment before the Service can be reinstated.
5.6 You are liable for all Charges arising
under this Agreement whether incurred by you or anyone else using your Mobile
Phone (with or without your knowledge).
5.7 We may require you to pay your charges
by Direct Debit. An additional charge may apply if you pay by another method
and you will be advised if this is the case. If you are paying by payment card
you authorise the payment card company to disclose to us and, under strict
obligations of confidentiality, to our sub-contractors and/or agents, details
about your payment card account in so far as is necessary in connection with
your agreement with us and to inform us if your payment account is terminated
or suspended at any time.
5.8 Where a Handset is restricted to use on
the Network we reserve the right to apply a charge for releasing or unblocking
the Handset (if we are able to provide this service). Details of the charge are
available by calling Customer Services.
5.9 Where tariffs include inclusive
allowances which apply to certain calls, texts, data or messages up to a
monthly limit, unused inclusive allowances cannot be carried forward from one
month to the next unless expressly stated by us. In this context “monthly“ or
“month“ means calls recorded by us within your monthly billing period, which
may not equate to a calendar month. Generally, calls, data and messaging will
be set against applicable inclusive allowances in the order in which they are
recorded by us. Certain types of calls, such as roaming calls may take longer
to be billed.
5.10 Unless otherwise stated, monthly
charges incurred for periods of less than a month will be calculated on a pro
rata basis.
5.11 Call charging rates which vary
according to the time of day are billed according to the time of call
initiation.
5.12 Unless otherwise stated, call prices
are quoted by the minute and are charged in one second increments. Each call is
charged excluding VAT and then rounded up to the nearest penny. VAT is then
added where applicable to the total of all charges on your bill. Minimum call
charges apply; see www.o2.co.uk for details of this and other charges.
Prices are correct at time of going to print but are subject to change.
5.13 You may be charged to receive certain
premium-rated text messaging services and multimedia messaging services. We
will not notify you of call charges for premium rate services operated by third
parties. Details of these charges and any changes will be available on our
website (www.o2.co.uk/premiumnumberpricing). Please check these before
calling Premium Rate numbers.
5.14 We may require you to provide us with a
deposit as a condition of providing the Service to you or continuing to provide
the Service to you. We may hold this deposit until you have paid all sums due
to us from you under this Agreement. If you owe us money, we may set off the
deposit against any amount due to us. We will refund any deposit we are still
holding, on request, on termination of this Agreement or, at our discretion,
after three months of continuous on-time bill payments. No interest is payable
on any deposit held by us.
5.15 If you are a Consumer Customer who has
selected a tariff with a Minimum Period, you may not move to a tariff which
offers a lower rate monthly subscription for the first nine months of your
Minimum Period. After nine months, you may only move down one tariff per month,
to the next lower-priced tariff unless you pay us the difference between the
monthly subscription on your original tariff and the lower rate tariff we agree
that you may move to. Where you have notified us you wish to move to the next
lower tariff, unless we advise you otherwise, your new tariff will commence at
the start of your next billing cycle.
5.16 If you change tariffs for any reason
e.g. when upgrading or moving to a promotional offer, any unused allowances
will be lost. You may not be able to move back to your old tariff after you
have upgraded.
6. Your
Responsibilities
6.1 You must use your Mobile Phone, SIM
Card and the Service in the way described in any User Guides, or other instructions
issued by us.
6.2 You agree:
(a) To provide us with such information as
we reasonably request in connection with this Agreement and that all factual
information you provide to us is correct;
(b) To take adequate precautions to prevent
damage to your SIM Card or unauthorised use or theft of the SIM Card; and
(c) That the SIM Card shall at all times
remain our property; and
(d) to inform Customer Services as soon as
possible by telephone (or if you have eCare at mycare@o2mail.co.uk) if
the SIM Card or your Mobile Phone is lost, stolen, damaged or destroyed or
likely to be used in an unauthorised manner and to co-operate with us in our
reasonable security and other checks.
6.3 You must not use or permit any other
person to use, and if you are a Business Customer ensure that your employees do
not use, the Service:
(a) Fraudulently, in connection with a
criminal offence, in breach of any law or statutory duty;
(b) to make a call or send messages or to
take pictures or video or send, upload, download, use or re-use any material
which is offensive, abusive, indecent, defamatory, obscene or menacing, a
nuisance (including our staff) or a hoax in breach of any Rights or privacy or
otherwise unlawful;
(c) To cause annoyance, inconvenience or
needless anxiety, as set out in the Communications Act 2003;
(d) To generate Artificially Inflated
Traffic; or
(e) To persistently send automated
unsolicited communications.
6.4 You must not, and if you are a Business
Customer ensure that your employees do not, establish, install or use a GSM
Gateway without our prior written consent, which may be withheld at our
absolute discretion.
6.5 You must tell us immediately by
advising The Data Controller at Telephonic O2 UK Limited, 260 Bath Road,
Slough, SL1 4DX or, if you have eCare, at mycare@o2mail.co.uk, if anyone
makes or threatens to make any claim or
Issues legal
proceedings against you relating to your use of the Service or the Content and
you will, at our request, immediately stop the act or acts complained of. If we
ask you to, you must confirm the details of the claim(s) in writing.
6.6 You agree that you are procuring the
SIM Card and the Service solely for your own use and that you will not re-sell
or otherwise act as any form of distributor in respect of the SIM Card or the
Services.
7. Our Rights to
Bar or Disconnect Your SIM Card
7.1 We can at our discretion and without
notice bar your SIM Card from making calls (other than to the emergency
services) and disconnect it fro the Network:
(a) If any of the circumstances in
paragraphs 6.3, 6.4, 6.6 or 8.1 apply to you;
(b) In the event of loss or theft or if we
have reasonable cause to suspect fraudulent use of a payment card or your SIM
Card;
(c) If you are persistently abusive, make
threats, repeatedly cause a nuisance or annoyance or otherwise act illegally
towards our staff or property, or that of our agents; or
(d) If you do anything or permit anyone
else to do anything which we reasonably think adversely impacts the Service to
other O2 customers or may adversely affect the Network.
7.2 You must pay an unbarring charge and,
if applicable, a re-connection charge if the Service is temporarily barred
and/or your SIM Card is disconnected from the Network for the reasons stated in
paragraph 7.1. As a condition of unbarring or reconnecting your Service we may
require you to authorise a Direct Debit authority for the payment of Charges.
7.3 If we bar your Service because you
break this Agreement, the Agreement will still continue. You must pay all
Charges until the Agreement is ended by notice under paragraph 8.2.
8. Ending the
Agreement
8.1 In addition to anything else we can do,
we can end the Agreement at any time if:
(a) You fail to pay Charges when they are
due, including any deposit we have asked for or break this Agreement in any
other material way and you do not correct the situation within seven days of
our request;
(b) we have reasonable cause to believe
that the Service is being used in a way forbidden by paragraphs 6.3, 6.4 or
6.6, even if you do not know that the Service is being used in such a way and
you do not correct the situation within seven days of our request; or
(c) you are the subject of a bankruptcy
order, or become insolvent, or make any arrangement with or for the benefit of
creditors or if being a company you go into either voluntary or compulsory
liquidation or a receiver is appointed over your assets.
8.2 This Agreement may be ended either by
you or us giving at least 30 days’ written notice, in accordance with paragraph
7 of the General Terms. You must pay all Charges incurred during the Agreement.
8.3 If this Agreement is ended during any
Minimum Period, you must pay us the monthly subscription charges up to the end
of that Minimum Period. This does not apply if you end the Agreement for the
reasons in paragraph 8.4.
8.4 You may end this Agreement by giving us
written notice if:
(a) We break this Agreement in any material
way and we do not correct the situation within seven days of receipt of your
written request;
(b) We go into liquidation or a Receiver is
appointed over our assets; or
(c) you are a Consumer Customer and we
increase charges for calls, messages or data that form part of your inclusive
allowance or your Line Rental Charges or change this Agreement to your
significant disadvantage in accordance with paragraph 9.2 of the General Terms,
provided you give us a minimum of 30 days’ written notice (and provided you
notify us within one month of our telling you about the changes). This does not
apply where the increase or change relates solely to Additional Services in
which case you may cancel, or stop using, that Additional Service.
9. Service Terms
for Business Customers
9.1 If you are a Business Customer
paragraph 9 applies to you, but it does not apply to Consumer Customers. In the
event of any inconsistency between the provisions of this paragraph 9 and the
remaining terms and conditions of this Agreement, paragraph 9 shall take
precedence for Business Customers.
9.2 We agree, subject to acceptance by us
of an Order, to supply you with the Services requested in your Order subject to
the terms and conditions of this Agreement, and payment of the Charges. Any
alternative terms appearing on or referred to in any other communication,
(whether oral, in writing or by electronic means) by you for the purpose of
placing Orders shall be ineffective.
9.3 You agree to pay the Charges in full
without any deduction or set off to us within 30 days from the date of invoice
for such Charges.
9.4 Certain elements of the Service are
dependent on you having suitable infrastructure available and/or using an
appropriate device. If you are unable to provide suitable infrastructure, or
fail to use an appropriate device, then: (a) some of the Services may not
function correctly (“the Affected Services“); and (b) we reserve the right not
to provide you with the Affected Services and shall have no liability for your
inability to receive the Affected Services.
9.5 Any Minimum Period applies in respect
of each SIM Card connected to your chosen business tariff. During the Minimum
Period, unless otherwise agreed in writing by us you may not change tariffs
from the tariff that you originally connected to under this Agreement.
9.6 You agree that the Services may be
dependent upon End-User Licensed Software. Those licence terms shall
exclusively comprise your sole rights and remedies in respect of such End-User
Licensed Software. If you do not accept the licence terms relating to any
End-User Licensed Software, we shall have no liability whatsoever for any
failure to provide the Services to you.
9.7 A Disconnection Notice may be given by
you in respect of a SIM Card at any time. We will disconnect the relevant SIM
Card(s) from the Service within 30 days from receipt of a Disconnection Notice.
If you give a Disconnection Notice to take effect prior to the expiry of any
Minimum Period, you will pay to us the standard O2 Price List Line Rental
Charges (as stated in the O2 Price List at the date of disconnection which are
applicable to the tariff to which the SIM Card was connected prior to
disconnection) for the period from the date of disconnection of the SIM Card to
the end of the Minimum Period in respect of that SIM Card.
9.8 If we increase the Charges to your
material disadvantage or we substantially vary these terms to your material
disadvantage (other than where such increases in Charges are due to a change in
prices, tariffs, terms or otherwise made or requested by third-party
manufacturers or suppliers, or a regulatory body) and provided you notify us
within one month of our telling you about the changes, you may terminate this
Agreement provided you give us a minimum of 30 days’ written notice.
10. General
10.1 You must tell us promptly in writing,
or email us if you have eCare, if you change your name or address or there are
any changes to your bank account or payment card arrangements which may affect
your payment of the Charges.
10.2 If you buy a SIM Only tariff from us,
your current mobile phone may be latched to another network and you may need to
obtain an unlatching code from your current network operator and/or service
provider. The unlatching code is not the same as your PIN code. Failure to
enter the correct unlatching code may result in your mobile phone becoming
permanently blocked. We accept no responsibility for mobile phones blocked in
this way or for any costs incurred in the provision of an unlatching code.
11. Important –
Consumer Customers: your right to change your mind
11.1 If you are a Consumer Customer new to
O2 and purchased your Service directly from us (rather than one of our
distributors), in addition to any other rights you have, you may cancel this
Agreement up to 14 days after the date on which you receive your SIM Card (the
“Trial Period“) as long as you give us notice within this 14-day period either
by returning to any O2 retail store or by calling Customer Services. You must
also return any Handset that was supplied to you on the basis that you agreed
to enter into this Agreement, undamaged, with proof of purchase, in the
original packaging and complete with all the original parts, within the Trial
Period either to any O2 retail store, or via our returns procedure if you did
not purchase in an O2 retail store (call Customer Services for details of our
returns procedure). You may use your SIM Card in your Mobile Phone to connect
to the Network during this period, but you will be required to pay for the cost
of any usage you make such as calls, texts or data, including roaming or other
usage that may take longer to be billed.
11.2 This right to change your mind about
your Service Agreement does not apply if you are an existing customer, unless
you have purchased via distance means in accordance with paragraph 11.3 below.
11.3 If you are a new or existing Consumer
Customer who has purchased your Service via distance means such as via the O2
online shop or over the telephone, you may cancel this Agreement up to 14 days
after the date that you receive your SIM Card (the “Distance Sales Trial
Period“) as long as you notify us in writing within this 14-day period. Once
you have notified us of the cancellation, then any sums paid by you will be
reimbursed within 30 days. You agree that if you use your SIM Card to connect
to the Network during the Distance Sales Trial Period then you will lose your
right to cancel within the Distance Sales Trial Period and you will be
responsible for any Charges incurred.
11.4 If you cancel this Service Agreement
under paragraph 11.3, any Equipment Agreement that we entered into with you at
the same time for the supply of a Handset which was agreed on the basis of you
entering into this Agreement, will also be cancelled. We will bear the cost of
returning the Handset with all original parts and the original packaging as
long as you follow our returns procedure (call Customer Services for more
details). If you do not return the Handset, we may charge you the costs that we
incur in collecting it, which may be substantial. You must make the Handset
available for collection on our request. If you paid any money for the Handset,
we will refund that money to you when we receive the Handset back from you
(other than our costs if we have to recover the handset from you).
11.5 This paragraph 11 does not apply to
Business Customers.
11.6 Nothing in paragraph 11 affects your
statutory rights.
1. Equipment
Agreement
1.1 The following paragraphs set out the
terms and conditions for the supply of Equipment directly by us (rather than by
one of our distributors). In addition the General Terms supplement the terms
and conditions of this Agreement and are incorporated into this Agreement.
Words used in this Agreement may be defined in those General Terms. Please
refer to the end of this document for a full explanation of the defined terms
used in it. Services, offers and promotions may be subject to additional terms
and conditions advertised on our website
www.o2.co.uk and/or in our marketing literature.
Please check our site regularly as these terms are updated from time to time.
2. Supply of
Equipment to Consumer Customers
2.1 If you are a Consumer Customer
paragraph 2 applies to you, but it does not apply to Business Customers.
2.2 Unless we have specifically agreed to
sell you a Handset on a Handset Only basis, we are supplying a Handset to you
because you have agreed to enter into a contract for the supply of the Services
for a Minimum Period and at a tariff applicable to that Minimum Period. In
consideration for you agreeing to purchase the Services, we shall normally
supply the Handset to you for no charge (subject to paragraph 2.3). Note that if
you cancel your Services Agreement under paragraph 11 this Agreement will also
be cancelled.
2.3 We may provide that for certain
Handsets supplied, an additional payment is due. If this is the case, the cost
of the Handset will be detailed in the applicable tariff in the O2 Price List
or in any marketing materials. Payment will also be required for any Handset
purchased on a Handset only basis or any additional Equipment purchased and the
cost will be detailed in the O2 Price List or in any marketing materials. The
cost will be payable at the time of purchase or added to your first bill (as
instructed by us).
2.4 The Equipment that we deliver to you or
which is collected by you becomes your responsibility once it is collected or
received by you at which time ownership will pass to you, subject to paragraph
2.5.
2.5 Within the
2.6 If you bought your Equipment or SIM
Card directly from us and it is defective, not in accordance with any
description given to you by us, not reasonably fit for purpose or it develops a
fault you will be able to return it for repair and, if appropriate, replacement
or refund. Please contact Customer Services for details. You should call us as
soon as possible if any of the circumstances above apply to you to ensure that
you are able to exercise any rights you have. Alternatively, if you experience
any difficulties with your Equipment within one year of purchasing it, you can
contact the manufacturer for replacement or repair under the manufacturer’s
warranty service detailed in the User Guide(s). This does not affect your
statutory rights.
2.7 The Equipment that you have bought may
need to be activated for use in conjunction with our Network. If this is the
case, it is a condition of this Agreement that you carry out the relevant
activation process following instructions given to you or available from us.
(e) Any SIM Card delivered to you shall at all times
remain our property.
(f) We reserve the right to add to,
substitute, or discontinue any item of Equipment at any time and cannot
guarantee the continuing availability of any particular item of Equipment.
4. Important –
Consumer Customers: your right to change your mind
4.1 If you are a Consumer Customer and
purchased your Equipment directly from us (rather than one of our
distributors), in addition to any other rights you may have you may cancel this
Agreement up to 14 days after the date on which you receive your Equipment (the
“Trial Period“) as long as you give us notice within this 14-day period either
by returning to any O2 retail store, or by calling Customer Services if you did
not purchase in an O2 retail store. You must return your Equipment undamaged,
with proof of purchase, in the original packaging and complete with all the
original parts within the Trial Period either to any O2 retail store or via our
returns procedure if you did not purchase in a retail store (call Customer
Services for details of our returns procedure).
4.2 If you are a new or existing Consumer
Customer who has purchased your Equipment via distance means such as via the O2
online shop or over the telephone, you may cancel this Agreement up to 14 days
after the date that you received the Equipment (the “Distance Sales Trial
Period“) as long as you notify us in writing within this 14-day period.
4.3 We will bear the cost of returning the
Equipment with original parts and the original packaging, as long as you follow
our Returns procedure (call Customer Services for more details), otherwise you
must bear the cost of returning the Equipment to us. If you do not return the
Equipment we may charge you the costs that we incur in collecting it which may
be substantial. You must make the Equipment available for collection at our
request.
4.4 Once you have notified us of the
cancellation, then any sums paid by you for your Equipment will be reimbursed
within 30 days (other than our costs if we have to recover the goods from you).
4.5 Cancellation of the purchase of the
Handset or other Equipment may mean
That you are still
liable to us under your Service Agreement for the duration of any Minimum
Period.
4.6 This paragraph 4 does not apply to
Business Customers.
4.7 Nothing in paragraph 4 affects your
statutory rights.
1. General Terms
and Conditions
1.1 These terms and conditions supplement
the terms and conditions of any Services Agreement or Equipment Agreement that
you have entered into.
2. Marketing and
Offers
2.1 The details on our websites or in our
advertisements or contained in our marketing material are not offers that you
can accept. Your order for the Services and/or any Equipment may be subject to
you passing any status, identity and credit checks required by us and
acceptance by us of your application for the Services pursuant to paragraph 3.1
of the Services Agreement.
3. Limitation of
Liability
3.1 We have no liability other than the
duty to exercise the reasonable skill and care of a competent mobile
telecommunications service provider and retailer. If you are a Consumer
Customer we do not accept liability for indirect or consequential loss, such as
loss of profits, business, costs, expenses (unless such losses were reasonably
foreseeable to both of us when this contract was entered into) or any other
form of economic loss.
3.2 You agree we have no responsibility for
the deletion, loss or corruption of any Content transmitted or maintained by
the Network, unless this is caused by our negligence.
3.3 Nothing in this Agreement shall exclude
or restrict the liability of either party for:
(a) Death or personal injury resulting from
that party’s negligence; or
(b) Fraud or fraudulent misrepresentation.
3.4 If we are found liable to you our
liability will not exceed: (i) where you are a Consumer Customer £3,000; or
(ii) where you are a Business Customer the greater of £50,000 or your annual
Charges up to a maximum of £1million; except in either case under paragraph
3.3.
3.5 Nothing in this Agreement shall exclude
or restrict the liability of either party in respect of any liability which
cannot be excluded or restricted by law.
3.6 Each provision of this paragraph 3
operates separately. If any part is found by a Court to be unreasonable or
inapplicable the other parts will continue to apply.
4. Insurance
4.1 If the SIM Card or your Handset is
lost, stolen, damaged or destroyed you will be responsible for any Charges
incurred until you have informed us. If you have purchased the O2 Insure Gold,
Silver, Premier, Standard or any other applicable O2 Insure mobile insurance
after 14 January 2005 and you make a claim under the policy for theft of the
Handset which is
approved by the insurer or an agent of the insurer, (“the Insurer”) we will
reimburse you against the cost of unauthorised calls made on the Handset up to
the following limits: Gold policy – up to £2000; Silver policy – up to £1000;
Premier policy – up to £3,000; Standard policy – up to £1,000: other applicable
O2 Insure policy – up to the amount we notify you in connection with that
product. In each case these figures include any taxes and network or service
provider charges. In return:
(a you agree to provide the Insurer with
an itemised account from your network or service provider clearly showing the
unauthorised calls made and their value within two months of your discovery of
the theft of the Handset;
(b) you agree to notify the Insurer of the
theft of the Handset as required by the terms of the Gold, Silver, Premier,
Standard or any other applicable O2 Insure policy (as the case may be) in force
at the time of the theft and you agree to notify us of the theft of the Handset
when you notify the Insurer under the Gold, Silver or other applicable O2
Insure policy; and
(c) you agree that the same exclusions set
out in the Gold, Silver, Premier, Standard or any other applicable O2 Insure
policy (as the case may be) in force at the time of the theft apply, and where
they do we will not reimburse you for the cost of the unauthorised calls.
5. Matters beyond
our reasonable control
5.1 Except for the obligations under
paragraphs 5, 6, 7 and 8 of the Services Agreement and paragraphs 2.2, 2.3, 3.3
and 3.4 of the Equipment Agreement, if either of us cannot do what we have
promised because of something beyond our reasonable control such as lightning,
flood, exceptionally severe weather, fire, explosion, epidemics, war, civil
disorder, industrial disputes, acts of terrorism, acts or omissions of persons
for whom we are not responsible (including other telecommunication providers),
or acts of local or central Government or other competent authorities, we will
not be liable for this.
6. Assignment
6.1 You cannot transfer the Service to
anyone else unless we agree in writing.
6.2 We shall be entitled to assign or
transfer our rights and obligations under this Agreement or any part of it on
the same terms to any third party.
7. Notice
7.1 Notice to terminate your Agreement must
be in writing and delivered by hand or sent by pre-paid post to us at:
Telefónica O2 UK, PO Box 202, Houghton Regis, LU5 5WA. The notification must
include the mobile number and account holder signature. You are required to
give us 30 days’ notice as set out in paragraph 8.2 of the Services Agreement.
7.2 Any other notice under this Agreement
must be in writing and delivered by hand or sent by pre-paid post, to us at the
address given on your bill, or to you at the address stated in your application
as your address or any other
7.3 If you use the eCare service via
o2.co.uk references in this Agreement to “in writing“ include email and notices
to us must be delivered to mycare@o2mail.co.uk or to you at the address
stated in your application form as your email address or any other email
address you supply to us for this purpose.
8. General
8.1 If you break this Agreement, and we
choose to overlook it, we can still end it if you break this Agreement again
and vice versa.
8.2 If you do not want your number
displayed on receiving handsets call Key 141 before the number you wish to
call. Otherwise you agree that our Network may allow the display of your Mobile
Phone number on receiving handsets. Please note your number will be disclosed in
relation to calls you make to emergency services.
8.3 If you have a complaint about our
Service you may contact us by telephone by calling the Customer Services number
on your bill. If you are still unhappy you can write for an impartial review
to: Complaint Review Service,
8.4 If you report your Mobile Phone to us
as lost or stolen we have the right to prevent it from being used on the
Network. We may also exchange the Mobile Phone identity with other network
operators who may choose to prevent the Mobile Phone from being used on their
networks, if applicable.
9. Changes to the
Agreement
9.1 We may change this Agreement and the
Charges at any time. Changes will be posted on our website
www.o2.co.uk. Please check this regularly for
updates.
9.2 If we increase the Charges for the
elements of the Service you are using or change the terms and conditions of
this Agreement to your significant disadvantage (in our reasonable opinion) we
will give you 30 days’ notice in writing before the changes take place. We will
notify you as detailed in paragraph 7 above or we may notify you by text (SMS)
to your Mobile Phone number and/or by email where you have supplied your email
address to us for this purpose.
10. Third-Party
Rights
10.1 Third parties cannot benefit from this
Agreement under The Contracts (Rights of Third Parties) Act 1999.
11. Law
11.1 This Agreement is governed by English
law and is subject to the exclusive jurisdiction of the English courts to which
both parties submit.
12. Business
General Terms and Conditions
12.1 If you are a business customer
paragraph 12 applies to you, but it does not apply to consumer customers. In the
event of any inconsistency between the provisions of this paragraph 12, and the
remaining terms and conditions of this Agreement, paragraph 12 shall take
precedence for Business Customers.
12.2 Nothing in this Agreement shall create,
or be deemed to create, a partnership between the parties.
12.3 The express terms of this Agreement are
in lieu of all warranties, conditions, terms, undertakings and obligations
implied by statute, common law, custom, trade usage, course of dealing or
otherwise, all of which are hereby excluded to the fullest extent permitted by
law.
12.4 This Agreement constitutes the entire
agreement between the parties and supersedes all prior negotiations,
representations, proposals, understandings and agreements whether written or
oral relating to the subject matter of this Agreement.
12.5 Each party acknowledges and agrees that
in entering into this Agreement, it does not rely on, and shall have no remedy
in respect of, any statement, representation, warranty or understanding
(whether negligently or innocently made) of any person (whether party to this
Agreement or not) other than as expressly set out in this Agreement. Nothing in
this paragraph shall, however, operate to limit or exclude any liability for
fraudulent misrepresentation.
12.6 If any of the provisions of this
Agreement (including any element of the Charges) is or becomes invalid, illegal
or unenforceable, the validity or enforceability of the remaining provisions
shall not in any way be affected or impaired. In any such circumstances the
parties shall negotiate in good faith in order to agree the terms of a mutual
satisfactory provision, achieving as nearly as possible the same commercial
effect, to be substituted for the provision which is found to be invalid,
illegal or unenforceable.
12.7 The parties will each keep confidential
any proprietary information and/or any information obtained from the other in
connection with this Agreement (which is reasonably identified by either party
as commercially confidential or which is obviously confidential in nature) and
neither will divulge the same to any third party except such of its employees’
contractors and agents as may need to know the same for the purposes of the
implementation of this Agreement and who agree to be bound by the provisions of
this paragraph without the consent in writing of the other.
12.8 The obligations set out in paragraph
12.7 shall not apply to any material or information which is in the public
domain (other than as a result of a breach of this Agreement); or already known
to the receiving party; or lawfully received from a third party and/or ordered
to be disclosed by any court or other tribunal or regulatory authority of
competent jurisdiction.
12.9 Neither party shall be liable to the
other in respect of any matter arising out of or in connection with this
Agreement in contract or tort or otherwise for any loss (whether direct or
indirect) of profit, business, revenue, anticipated savings, goodwill or any
loss or corruption of data, or any indirect or consequential loss or damage
whatsoever.
13. Use and
Disclosure of Information
13.1 You agree that we may search the files
of credit reference agencies which will keep a record of that search. We may
also carry out identity and anti-fraud checks with fraud prevention agencies.
We and other organisations may access and use from other countries the
information recorded by fraud prevention agencies. If you give us false or
inaccurate information and we identify or suspect fraud, we will record this.
Details of how you conduct your account may also be disclosed to those
agencies, law enforcement agencies and other telecommunications companies. The
information may be used by us and other parties in assessing applications for
and making decisions about credit, credit-related services or other facilities
and insurance (including motor, household credit, life and other insurances and
claims) from you and members of your household and for debt tracing, debt
recovery, credit management and crime, fraud and money laundering detection and
prevention. Information may be used by us and other parties for checking your
identity, checking details of job applicants and employees, statistical
analysis about credit, insurance, fraud and to manage your account and
insurance policies. We may also perform subsequent searches for the purpose of
risk assessment, debt collection and fraud prevention with one or more credit
reference agencies and/or fraud prevention agencies whilst you retain a
financial obligation to us.
13.2 Information held about you by credit
reference agencies may be linked to records relating to your financial
associate(s). For the purposes of this application you declare that you and
your financial associate(s) are financially independent and you request that
your application be assessed without reference to any “associated“ records,
although you recognise that this may adversely affect the outcome of your
application. You believe that there is no information relating to your
financial associates that is likely to affect our willingness to offer the
Service to you. You authorise us to check the validity of this declaration with
credit reference agencies and if we discover any associated records, which
would affect the accuracy of this declaration we may decide not to proceed with
the application on this basis. For the purpose of this paragraph a “financial
associate“ is someone with whom you have a financial link, for example, a
spouse, partner or family member.
13.3 You authorise us to use and disclose,
in the UK and abroad, information about you, your use of the Service including,
but not limited to, phone numbers and/or email addresses of calls, texts and
other communications (“Communications“) made and received by you and the date,
duration, time and cost of such Communications, how you conduct your account
and the location of your Mobile Phone for the purposes of operating your
Account and providing you with the Service, for credit control purposes, fraud
and crime detection and prevention and the investigation and prevention of
civil offences or as required for reasons of national security or under law to
our associated companies, partners or agents, any telecommunications company,
debt collection agency or credit reference agency and fraud prevention agency
or governmental agency and other users of these agencies who may use this
information for the same purpose as us. You can obtain further details from our
public registration held by the Information Commissioner. If you wish to have
details of the credit reference or the fraud prevention agencies from whom we
obtain and with whom we record information about you or receive a copy (we will
charge a fee) of the information we hold about you, please contact us by
writing to the Data Controller at Telefónica O2 UK Limited, 260 Bath Road,
Slough, SL1 4DX or, if you have eCare, at mycare@o2mail.co.uk, stating
your full name, address, account number and Mobile Phone number.
13.4 You also agree to the information
described in paragraph 13.3 being used, analysed and assessed by us and the
other parties identified in paragraph 13.3 and selected third parties for
marketing purposes including amongst other things to identify and offer you by
phone, post, the Network, your Mobile Phone, email, text (SMS), media
messaging, automated dialling equipment or other means, any further products,
services and offers which we think might interest you. If you do not wish your
details to be used for marketing purposes, please write to us c/o The Data
Controller, Telefónica O2
13.5 Some Services or services provided by
third parties may require the disclosure of information about the location of
your Mobile Phone. If you do not wish this to be disclosed please contact 1300
from your Mobile Phone. Please note we may pass information about the location
of your Mobile Phone to emergency services.
13.6 Where you choose to take an insurance
policy through us, we will exchange information about you and your account in
relation to that policy with the underwriters of the policy and with the
administrators of the policy (the “Insurance Providers“). Your personal data
will be collected and processed by us, our agents and the Insurance Providers
to the extent necessary for providing you with the policy described (such as
when making a decision about your eligibility for cover, assessing claims, and
carrying out fraud prevention measures). We and the Insurance Providers may
also pass information to law enforcement authorities, regulators and the
Financial Services or the Telecommunications Ombudsman.
14. Explanation
of certain words
14.1 In the Services Agreement and the
Equipment Agreement including these General Terms:
“Additional
Services” means
optional services which you may choose to take from us, including but not
limited to, Bolt On packages, roaming and international services, premium rate
services, directory enquiry services, Content and third-party services and if
you are a Business Customer services such as installation and field services
details of which appear in the O2 Price List;
“Agreement” means either the Services Agreement or
the Equipment Agreement as applicable, incorporating your application details
which you have provided to us, the General Terms and the O2 Price List;
“Artificially
Inflated Traffic” means
any situation where the flow of calls to any particular revenue share service
is, as a result of any activity on or on behalf of the party operating that
revenue share service, disproportionate to the flow of calls which would be
expected from good faith commercial practice and usage of the network;
“Broadband
Service” means
any consumer or business broadband service from us;
“Business
Customer” means
a customer who connects to the Service for business use;
“Charges” means all the charges associated with
the Service described in the O2 Price List;
“Consumer
Customer” means
a customer who connects to the Service for their own personal private use and
not for business use;
“Content” means textual, visual or other
information, software, photos, video, graphics, music, sound and other material
appearing on or available through the Service including all information
accessed via the internet or supplied by content providers from time to time;
“Disconnection
Notice” means a
notice to disconnect one or more SIM Cards from the Services given pursuant to
paragraph 9.7 of the Services Agreement terms and conditions; 0308 T&C 5327
AIS
o2.co.uk
Telefónica O2 UK
Limited,
“End-User
Licensed Software” means any software, the licence terms for which are governed by a
separate agreement with the licensor of such software typically by means of a
“click-wrap“ or “shrink-wrap“ licence agreement;
“Equipment” means any equipment supplied to you
under this agreement by us, including for the avoidance of doubt any Handset;
“GSM Gateway” means a device (not designed or adapted
to be capable of being used whilst in motion) for wireless telegraphy designed
or adapted to be connected by wireless telegraphy to the O2 wireless
telecommunications network or the wireless telecommunications system of another
network operator and used solely for the purpose of sending and receiving
messages conveyed by means of the O2 wireless telecommunications;
“Handset” means the Mobile Phone supplied to you
by us under any Equipment Agreement;
“Line Rental
Charges” means
the monthly subscription charge for your tariff per SIM Card;
“Minimum Period” means, in relation to all tariffs
except SIM Only tariffs, the minimum period for the Service selected by you in
your application and on which the price of your tariff is based, from the day
on which the Service is first provided or from the day on which you take an
upgrade and which may be either 12, 18 or 24 months if you are a Consumer
Customer or 12, 24 or 36 months if you are a Business Customer;
“Mobile Phone” means a cellular telephone or other
device which incorporates a SIM Card used by you to receive the Services;
“Network” means the mobile telecommunication
system run by us;
“O2 Price List” means a list of current Charges, and
Mobile Phone and Equipment Prices containing explanations, notes, descriptions
of, and conditions for use of the Service which we publish and update from time
to time at www.o2.co.uk;
“O2 Web Services”
means services
provided from our website www.o2.co.uk and any additional websites
linked from our website;
“Order” means, for Business Customers only, a
request by you for Equipment and/or Service;
“Rights” means copyright, trademark and other
relevant proprietary and intellectual property rights relating to Content;
“Service(s)” means any or all (as the case may be)
of the following services: airtime service enabling you to make or receive
calls and to send and receive data by means of the Network, the ability to send
and receive email via the internet, the ability to access Content and
information from the internet and any Additional Services we agree to provide
to you;
“SIM Card” means the card which you need to use
the Service;
“SIM Only tariff”
means a tariff
which does not have a Minimum Period but which may be terminated at any time in
accordance with the provisions of paragraph 8.2 of the Services Agreement, and
in relation to which a Handset will not be supplied when you agree to purchase
the Service;
“Termination Notice”
means written
notice to terminate this Agreement;
“User Guides” means any guides or documentation
supplied with your Handset either by us or by the manufacturer of your Handset
which explains to you how the Service works and how to use your Handset;
“WAP Services” means services provided via Wireless
Application Protocol (a secure specification that allows users to access
Content via handheld devices such as a Mobile Phone);
“We”, “us”, “our” or “O2” means
Telefónica O2 UK Limited of
“You” means the customer with whom we make
this Agreement and includes a person who we reasonably believe is acting with
your authority.
o2.co.uk
Telefónica O2 UK
Limited,
Registered in
© Telefónica O2 UK
Limited 2008. Correct at time of going to press (July 2008)