O2

These terms and conditions, the Fair and Acceptable Usage Policy, any applicable Charges, the O2 Privacy Policy, the O2 Consumer Code of Conduct and any other terms specified by us, as amended from time to time (together the "Terms") set out the basis on which we will provide the Services to you.

Explanation of certain words

In these terms: the expression:

"Additional Services" means optional extra services which you may choose to take from us;

"Business" means a small business with no more than five employees;

"Charges" means all charges associated with the Services;

"Contract Date" means the day we dispatch the Equipment to you and on which your contract for the Services begins;

"Equipment" means the O2 Broadband Pack, including an O2 Wireless Box, cables and filter(s) and the set up CD;

"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;

"Minimum Term" means the minimum term for the Service selected by you in your application and on which the price of your tariff is based, from the Services Connection Date or from the date on which you make any agreed change of broadband package under clause 9 and which may be either 12, 18 or 24 months;

"Services" includes our home broadband Internet connection and access, Equipment lease services, IP address services, maintenance and support services, and such other services as are agreed in your order or as we may agree to provide you from time to time;

"Services Connection Date" means the date that you have both received the Equipment and BT confirms that your Services are connected to your local BT exchange. This is the date that your Minimum Term begins;

"We", "us", "our" or "O2" means Telefónica O2 UK Limited (Company no. 07143099) of 260 Bath Road, Slough, Berkshire SL1 4DX;

"You" means the customer with whom we make this Agreement and includes a person who we reasonably believe is acting with your authority.

 

1. What is the effect of the terms and conditions?

   1. You agree to be bound by the terms by ticking the box next to 'I accept the Terms and Conditions' on our website; signing an order (when it is not possible for you to place or confirm an order online) or by your use of the Services or by allowing others to use the Services. You must ensure that any others using the Services via your account also comply with the Terms.
   2. Our mobile phone services, promotions and offers are subject to separate terms and conditions and these can be viewed at www.o2.co.uk/terms. Please check our site regularly as these terms are updated from time to time.

 

2. How do you order our Services?

   1. To order our Services you must:
      1. be over 18;
      2. be a resident of the UK;
      3. pay the Charges by direct debit. Accordingly, you must be the account holder of a UK bank account (with a UK account address) with sufficient funds and the requisite authority to pay the Charges using direct debit;
      4. provide the following information:
         1. a valid UK mobile phone number;
         2. a current email address;
         3. a clear and operational landline number (except if provided by Talktalk, Bulldog, Kingston Communications or the landline is a cable landline);
         4. the Migration Authorisation Code ("MAC") key if another Internet Service Provider is already providing you with a broadband service and you are switching to us;
         5. a delivery address for the delivery of the Equipment;
         6. the installation address for the connection of the Services;
         7. your direct debit details to pay the Charges, with the account name and a UK billing address; and
         8. your credit or debit card details in order that we may complete a security check.
   2. The Services account holder must also be the direct debit account holder. You therefore warrant that you are a resident at the installation address and the owner of the account used for the direct debit. If you are not the landline account holder, you also warrant that you have the permission of the landline account holder to contract for the Services. You are responsible for any use of the Services via your account and the payment of all Charges. In the case of Business customers taking any package made available to Businesses, You warrant that your business is operated from the installation address. You also warrant that you are the landline account holder, or have the permission of the landline account holder to contract for the Services. You are responsible for any use of the Services via your account and the payment of all Charges
   3. You agree that we, or third parties acting on our behalf, may carry out credit checks using the information that you provide.
   4. By placing your order you are making an offer to enter into a contract with us for the purchase of the relevant Service from us under the Terms. We will contact you if we accept your offer. We may exercise our discretion, acting reasonably, to refuse to provide any part of the Services to you.
   5. You need to sign up for an O2 online account on www.o2.co.uk with a user name and password at the time of placing your order. If you have an existing www.o2.co.uk account, you may also be required to sign up to and maintain a new account in order to place an order for the Services. You will need to accept the terms and conditions of use of the O2 online account when you sign up for the account. If you are an existing O2 customer you may not be able to use your existing O2 online account. You will be advised of this at the time of signing up for the Services.
   6. We or our agents may record or monitor some telephone calls, emails and any other communications between you and us (or our agents) for training and quality control and our lawful business purposes.

 

3. What equipment do we provide?

   1. After accepting your order, we will send you the Equipment to your delivery address. The Equipment remains our property and you must take good care of the Equipment while it is leased to you for as long as you continue to receive the Services.
   2. If your O2 Wireless Box is faulty, you must notify us immediately and we will repair or replace it at no cost, providing the fault is not caused by your abuse or negligence. If the fault is caused by your abuse or negligence:
      1. we may charge you the reasonable costs of any repair or replacement; and
      2. you will not be credited for Charges incurred during the period in which the O2 Wireless Box is not operational.
   3. You are only permitted to use the Equipment to connect to our network, or a network approved by us. We cannot support any other equipment used to connect to the Services.
   4. In order to connect to the Services, we may require you install certain software on your computer. If you do not install this software, we may not be able to resolve any installation or connection problems you may experience and we are not responsible to you in relation to any matter that arises as a result of your failure to do so.
   5. Certain elements of the Services are dependent on you having suitable infrastructure available and/or using the correct Software and/or Equipment. In the event that you are unable to provide suitable infrastructure, or fail to use the correct Software and Equipment, then some of the Services may not function correctly, or be able to be supplied to you ("the Affected Services") and O2 shall have no liability for your inability to receive the Affected Services.
   6. Upon termination of your contract, you must return the Equipment in the prepaid returns envelope provided to you and take it to the post office. We must receive the Equipment within 30 days of the termination date. If we do not receive the Equipment within that timeframe your payment card will be charged or your bank account will be debited a fee of £50. If you keep any Equipment after we stop providing Services, it is supplied to you 'as is', without warranty and we are not able to support it.
   7. All Equipment, content, software or other copyright material we supply to you is for your own personal use, and you must not copy, change or publish the material or supply it to any other person for any business purposes. Similarly the Services are for your personal use and you shall not resell the Services.

 

4. Will you get a static IP address?

   You will receive a dynamic IP address unless you choose to pay monthly in advance for the static IP option. If you have a static IP address, it will be re-assigned to us or to another customer if your Services are disconnected or terminated for any reason.

 

5. How do you get connected?

   1. You must have a computer with a minimum specification (Windows XP or Windows Vista). You can view these in online help at Broadband help.
   2. You agree to provide any reasonable cooperation and assistance that may be required to get you connected.
   3. When connecting your landline to the Services, there may be a temporary loss of telephone services or other telecommunications services. We will try to keep this disruption to a minimum but will not be responsible for any resulting damage, loss or costs caused, unless caused by our negligence.
   4. The actual speed of your broadband connection under your package will depend on your telephone line. The actual throughput speed that you receive is likely to be lower than the estimated access line speed given to you before your purchase and the headline 'up to' speeds featured in our advertising. Your actual speeds will be influenced by a large number of factors including for example, the distance of your premises from the BT exchange, the quality of your copper line and environmental line noise will all impact your actual speeds, so we cannot guarantee that your connection will reach any specific speeds.
   5. Your actual connection speed may also be influenced by any traffic shaping or management policies which we may have in place from time to time. If such a policy is in place, details of it will be available on our website at o2.co.uk/broadband.
   6. While you're connected to our network, you'll need to remain with the landline provider with which you originally took up the Services. If you change your landline provider, or your landline is disconnected or suspended for any reason you may not be able to continue receiving our Services, and the termination provisions in clause 7 will apply.

 

6. Termination before Services connection

   1. On the Contract Date, we will charge you a one-off connection fee of £15 (if relevant), a pro-rated amount of the recurring Charges until the end of the month (if relevant) and the next month's recurring Charges in advance.
   2. We may terminate your contract after the Contract Date but before the Services are connected if we're not able to provide the Services to your premises for any reason (other than as a result of your own act or omission). Any Charges you have paid will be refunded to you as a credit to the payment card or your bank account.
   3. In the unlikely event that we send you an email confirming a connection date, but do not actually connect your Service for more than one (1) month after this confirmed connection date (other than as a result of your own act or omission), you are entitled to terminate your contract with us by sending a cancellation notice in writing, notwithstanding clause 7.4. Any Charges you have paid will be refunded to you as a credit to the payment card or your bank account.

 

7. What is the contract period and how does it end?

   1. Your contract starts on the Contract Date, and the Services start on the Services Connection Date.. The Services Connection Date will be notified to you via your nominated email address and mobile phone number.
   2. After the Minimum Term you will continue to receive the Services until either you or we end your contract in accordance with this clause 7.
   3. You may terminate your contract within the first 14 days after the Services Connection Date (the "Cooling Off Period") by giving us written notice, to be received by us no later than the 14th day after the Services Connection Date. You will receive a refund of all connection and subscription Charges incurred by you during the Cooling Off Period. If you terminate your contract during the Cooling Off Period, you may not be able to request the Services at the same installation address for 6 months after the end of the Cooling Off Period.
   4. After the Cooling Off Period, you may terminate your contract:
      1. by sending us 30 days notice in writing via the O2 Broadband customer service email address given on the Contact Us page of www.o2.co.uk/help/broadband or to the postal address: O2 Broadband Customer Service, Skypark 4, 8 Elliott Place, Glasgow, G3 8EP. You must pay all Charges incurred during the 30 days. If termination is effective within any Minimum Term, you must pay us the monthly subscription charges up to the end of that Minimum Term. This does not apply if you end the Agreement for the reasons in paragraph 7.4 (c); or
      2. by paying an express cancellation fee of £15 and all Charges that would have been incurred during the usual 30 day notice period. If termination is effective within any Minimum Term, you must pay us the monthly subscription charges up to the end of that Minimum Term. This does not apply if you end the Agreement for the reasons in paragraph 7.4 (c). Service will be terminated usually within four (4) days after receipt of your express cancellation notice in writing; or
      3. if we increase the Charges or change the Terms to your significant disadvantage (other than where such increases in Charges or change to the Terms arise as a consequence of a change in prices, tariffs, terms or otherwise made or requested by third party manufacturers or suppliers, or a regulatory body), by giving us 30 days' written notice within 30 days of us informing you of the changes. You must pay all Charges incurred during the 30 days notice period. However, if termination is effective within the Minimum Term, you will not be charged the monthly subscription charges up to the end of that Minimum Term. This clause 7.4 (c) 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.
   5. We may terminate your contract or suspend all or part of the Services if:
      1. we have not been able to take payment, by the due date, any money you owe us;
      2. we reasonably believe that you or others (whether under your control or not) are misusing the Services (see our 'Fair and Acceptable Usage Policy');
      3. you otherwise breach the Terms;
      4. you are persistently abusive or make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or our property or that of our agents;
      5. you allow to be done anything which in O2's reasonable opinion may have the effect of jeopardising the operation of the Services, or the Services are being used in a manner prejudicial to the interest of the Customer, other customers and/or O2; or
      6. we are no longer able to provide you with the Services.
   6. Either you or we may terminate your contract by giving thirty (30) days' written notice to the other if:
      1. there has been a material breach of the Terms or any other agreement between us by the other party (and this isn't corrected within thirty (30) days of a written notice notifying the breach);
      2. an event, outside O2's reasonable control, prevents us from providing the Services for more than thirty (30) days; or
      3. we go into liquidation or a Receiver is appointed over our assets
   7. Your request for a MAC key is not deemed to be your notice of termination. However, if the MAC key is used by another broadband provider and if you do not provide notice under clause 7.4, the date that the MAC key was used will be taken to be the date that we received your notice of termination under clause 7.4(a).
   8. If we suspend your Services pursuant to clauses 7.5(a), 7.5(b), 7.5(c) 7.5(d) or 7.5(e), then you will be liable for the Charges during such suspension. If we suspend your Services for any other reason, you will not be liable for the Charges during such suspension.
   9. If we terminate your Services pursuant to clauses 7.5(a), 7.5(b), 7.5(c), 7.5(d) or 7.6(a), then we will be entitled to charge you for the Charges which would have been payable to us as if you had terminated in accordance with clause 7.4(a).
   10. If you terminate the Services pursuant to clause 7.6(b), all recurring Charges for the period of downtime will be refunded as a credit to the payment card or your bank account.
   11. If your landline is disconnected for any reason or we agree to provide you with the Services again after terminating your Services, we may charge you a reconnection fee of £15.

 

8. What are our payment terms and charges?

   1. You are responsible for paying the fees as laid out on the website www.o2.co.uk (which are subject to change), VAT and any other tax liability that apply to the Services, costs incurred in collecting late payments from you. You are responsible for the Charges whether incurred by you or anyone else using your account (with or without your knowledge). If your Charges include a discount (for example, for O2 mobile customers) then this is limited to one discount per person and one discount per broadband connection.
   2. The Charges are payable from the Services Connection Date. Recurring Charges will be collected in advance (calculated pro rata if incurred for periods of less than a month), while one-off fees will be collected in arrears.
   3. We do not charge you for calling customer service if you call from a landline or an O2 mobile in the UK (call charges may be incurred from other networks).
   4. If you are paying by Direct Debit you will be required to provide your Direct Debit details (bank account number, sort code, name of bank, name of account holder). You authorize your bank to disclose to us, and under strict obligations of confidentiality, to our subcontractors and agents, details about your bank account in so far as is necessary in connection with your agreement with us and to inform us if your Direct Debit Authority is terminated at any time. If a direct debit payment fails, you must immediately arrange for the Charges to be paid by other means and we may also contact you to take payment. You may also be liable to pay interest under clause 8.5. If we cannot contact you after a failed direct debit payment, we may suspend or terminate the Services and this Agreement under clause 7.5(a) without further notice.
   5. All invoices will be issued and stored in your O2 online account and will specify the date on which each payment is due. We will notify you at your nominated email address or mobile phone number when:
      1. a new invoice has been issued. You are responsible for viewing and taking copies of these invoices; and
      2. a payment has been taken from your nominated direct debit account.
   6. Interest may be charged by us if you do not pay us in full by the due date. We may charge you interest on any overdue payments from the date you should have paid until we receive full payment of the amount you owe, including full interest (whether before or after judgment) at the rate of 2.5 percent per annum above the base rate of HSBC plc as set from time to time.
   7. All amounts due to us shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
   8. The Charges are inclusive of Value Added Tax which will be charged at the prevailing rate, where applicable.

 

9. Switching your broadband package

   1. We will advise you if it is possible to switch to another O2 Home Broadband package or tariff. Please contact us via your O2 online account or through customer service. If we allow you to switch your package, the actual speed may differ. If we allow you to switch, please note, you may not be able to move back to your old broadband package and you will only be able to move to a package supported by your landline. Switching broadband package or tariff may be subject to you accepting a new Minimum Term.
   2. Any change to your package may take up to 5 working days before it is activated and you will be charged at your new package price from the date of activation in the next billing cycle.

 

10. Service speed and interruptions

    1. We do not warrant that the Services will be available at all times and fault-free. You will be entitled to the quality of service generally provided by a competent broadband service provider exercising reasonable care and skill.We may need to make changes to our network or the technical specification of a Service or may need to suspend provision of the Services for operational or technical reasons. We will use all reasonable endeavours to notify you in advance of such changes or suspension if it materially affects your Services.
    2. If you experience a total loss of Service directly caused by us (except where you have requested that the Services are moved to a new premises in accordance with clause 11) for more than five (5) consecutive days, you'll be compensated for each day's disruption (including the first five (5) days) by a credit towards your recurring charges for those days. In order to receive this credit, you will need to notify us as soon as the Service failure occurs and request the appropriate credit by contacting customer service when your Service is restored. The credit will be shown on your next, or subsequent invoice depending upon where within the billing cycle the credit is requested.

 

11. What happens if you move?

    1. If your new address is in an area that's covered by the Services, the Services can be moved to your new address, provided you give us written notice, to be received by us at least 7 days before the expected moving date. There will be some downtime between disconnection from your old address and reconnection at your new address and you will not be refunded any Charges for that period of downtime unless you terminate your the Services pursuant to clause 7.6(b).
    2. We will only move the Services to another address for free once in any 12 month period. Additional moves will incur a charge of £50 per move.
    3. If your broadband package is not available at the new address you will be automatically moved to another available package which is provided at the nearest available price.
    4. If we are unable to provide Services to your new address, then the cancellation terms in clause 7 will apply.

 

12. What are your obligations?

    1. You agree that you and other people using the Services via your account will comply with the Terms, including that you will:
       1. comply with the terms set out in O2's 'Fair and acceptable usage policy' (as published on O2's website from time to time) and ensure that any others using the Services via your account comply with the 'Fair and acceptable usage policy' too;
       2. keep your security information confidential and secure, and not make them available to unauthorised people. You must tell us immediately if you become aware of any improper disclosure of your security information or unauthorised use of the Services through your account;
       3. provide the required information to us (especially during the ordering process) and ensure that this information is always valid, up to date and accurate;
       4. ensure that your equipment and software complies with all applicable laws and standards and that you have any necessary licences before you use it to connect to our network and ensure that your equipment and software is compatible with our Equipment;
       5. indemnify us against all losses, liabilities, costs (including legal costs) and expenses which we may incur as a result of any third party claims against us arising from, or in connection with your misuse of the Services or breach of the Terms;
       6. take whatever steps you consider necessary to backup and protect any data on your IT systems, including taking additional measures over and above any measures included within the Equipment to protect your IT systems from viruses, trojans, malware and other threats to your infrastructure;
       7. provide sufficient socket-outlets as required in a safe condition without damage, at convenient and easily accessible points. Where the use of an extension lead is unavoidable the extension plug will have a correctly-rated fuse for the equipment to be used, have capacity to prevent overloading and the lead should be positioned carefully to prevent any risk of damage to the cable or present a tripping hazard. A multi-way adapter should not be used; and
       8. ensure that all Equipment is used in accordance with any instructions issued by O2 or the manufacturer including ensuring that the Equipment is used only in situations where appropriate environmental conditions exist.

 

13. Limitations and exclusions of liability

    1. Nothing in the Terms shall restrict or exclude either party's liability for fraud or for death or personal injury caused by it or its employees' or agents' negligence, nor for any other liability which cannot by law be excluded or limited.
    2. Except as expressly set out in the Terms, we are not liable to pay damages for use of the Services or any losses caused by failures, errors, delays or interruptions relating to the Services, including as a result of any failure to supply the Services because we are prevented by events outside our reasonable control.
    3. We are not liable to pay damages if anyone else, other than you or us with your permission:
       1. gains access to your connection to the Services, your computer and other related equipment; or
       2. gains access to, destroys or distorts any data or information held by you or about you by us.
    4. We are not responsible for any goods or services supplied in a separate agreement with another supplier, even if access to these goods or services is through our network.
    5. Except as set out in clause 12 and this clause 13 and except for the requirements for you to pay all Charges owing to us under this contract, and subject to Clause 13.7, each party's total liability to the other party with respect to this contract for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall not exceed 100% of the Charges due in that calendar year.
    6. In the case of Business customers, except as set out in clause 12 and this clause 13 and except for the requirements for you to pay all Charges owing to us under this contract, and subject to Clause 13.7, each party's aggregate liability to the other party with respect to this contract for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall not exceed the greater of: (i) £50,000; or (ii) 100% of the Charges due in that calendar year.'
    7. We have no liability other than the duty to exercise the reasonable skill and care of a competent broadband service provider. 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.
    8. You shall at all times be under a duty to mitigate any losses suffered by you.
    9. You recognise that the Services may be dependent upon End-User Licensed Software and if you do not accept the licence terms relating to any End-User Licensed Software, O2 shall have no liability whatsoever for any failure to provide the Services to you where the Services depend on the use of End-User Licensed Software.
    10. Where you accept the terms of a licence in respect of any End-User Licensed Software, then those licence terms shall take precedence over any terms within this Agreement relating to End-User Licensed Software and shall exclusively comprise your sole rights and remedies in respect of such End-User Licensed Software.
    11. 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.
    12. Each provision of this paragraph 13 operates separately. If any part if found by a Court to be unreasonable or inapplicable the other parts will continue to apply.

 

14. How do we use your Data?

    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.
    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 Services 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.
    3. You authorise us to use and disclose, in the UK and abroad, information about you and your use of the Services including, but not limited to, how you conduct your account for the purposes of operating your account and providing you with the Services, for credit control purposes, for 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 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 O2's Privacy Policy and from our public registration held by the Information Commissioner. If you wish to have details of 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.
    4. You also agree to information about you and your use of the Services including, but not limited to, how you conduct your account being used, analysed and assessed by us and the other parties identified in paragraph 14.3 and selected third parties for marketing purposes including amongst other things to identify and offer you by phone, post, O2's mobile 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 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. You can obtain further details from O2's Privacy Policy.
    5. From time to time, we may (without notice to you) review, record or check your use of the Services where we are required to do so to ensure compliance with any laws or regulations or where ordered to do so by any court or other body or authority with the power to require such monitoring and for our own internal purposes to ensure compliance with the Terms

 

15. Is there anything else?

    1. 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, PO Box 116, Leeds, LS11 5DS. Please include your Mobile Phone number and Broadband account reference in any correspondence. If do not resolve your complaint you may contact the Telecommunications Ombudsman. You can find their details at www.otelo.org.uk. However Otelo will only deal with your complaint if it remains unresolved after 12 weeks or a deadlock situation has been reached.
    2. We may assign your contract or any Service we provide to you on the same terms to any third party. You may not assign this contract or the benefit of any Service we provide to you unless we agree in writing.
    3. Any failure or delay by us in exercising or enforcing any rights or benefits granted by the Terms will not be deemed to be a waiver of any such right or benefit nor will it prevent us from exercising or enforcing any such right or benefit or any other right or benefit on any other occasion.
    4. Each provision of the Terms is to be construed as a separate provision applying and surviving even if one or more of the other provisions of this clause is held inapplicable or unreasonable.
    5. The Terms do not create any rights for, or enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
    6. The Terms shall be governed and construed in accordance with English law and you and we submit to the non-exclusive jurisdiction of the English courts.
    7. The Terms set out the entire agreement between you and us relating to the provision of the Services to you including all intended rights and obligations and supersede any and all previous agreements and understandings between you and us with respect to such provision.
    8. We may change the Terms, including the Charges, at any time. If we increase the Charges for elements of the Services you are using or change the Terms to your significant disadvantage, we will give you 30 days' notice in writing before the change takes place. For changes that we need to make to meet legal and regulatory requirements we may not be able to give you 30 days' notice, in which case we will notify you as soon as we can. Changes will be posted on www.o2.co.uk or we may give you notice in writing, by text (SMS) to your nominated mobile phone number and/or by email where you have supplied your email address to us for this purpose.
    9. Notices. Any notice or other communication required or permitted under this Agreement shall be given in writing to the following address:
       1. in the case of notices served on O2 to O2 Broadband Customer Service, at Skypark 4, 8 Elliott Place, Glasgow, G3 8EP, or such other address as is specified elsewhere in this Agreement; and
       2. in the case of notices served on the Customer, to the Customer at either the address at which you specified the Service is to be provided, or your Billing Address, or such other address as is specified elsewhere in this Agreement; or
       3. such other address as either party shall give notice to the other party from time to time.
       Notices will be deemed to have been given or made: when delivered personally; or, if properly addressed and posted by first class mail in the United Kingdom within two business days of posting; or, if sent by facsimile upon being sent; or, if sent by e-mail or other electronic means upon such communication being acknowledged as having been received.

December 2008
o2.co.uk
Telefónica O2 UK Limited, 260 Bath Road, Slough, Berkshire SL1 4DX
Registered in England and Wales No.1743099. Registered Office as above.
^© Telefónica O2 UK Limited 2008. Correct at time of going to press (December 2008)

These promotional terms and conditions relating to the O2 Broadband No Connection Charge (“Promotional Terms”) set out the basis on which Telefónica O2 UK Limited (Company no. 1743099) of 260 Bath Road, Slough, Berkshire SL1 4DX (“O2, we, us, our”) will provide goods and services to the customer with whom we make this agreement or a person who we reasonably believe is acting with the customer’s authority (“You, your”).

These Promotional Terms are in addition to O2’s standard broadband terms and conditions for Business and/or Consumer customers (the “Terms”) for the Services, and terms which are not defined in the Promotional Terms will have the meaning set out in the Terms. If there is any inconsistency between the Promotional Terms and the Terms, the Promotional Terms will prevail.

1.1  1 New and eligible customers who sign up and accept the Services will not be charged a connection fee for O2 Home Broadband.

1.2 The Promotion is not available to customers who connect with the Services, disconnect the Services, and wish to reconnect the Services using the same telephone line. We reserve the right to withhold the promotion from any customer for any reason.

1.3 We reserve the right to change the Promotional Terms, including cancelling the Promotion, at any time, by notifying you on our website we have posted the changes on our website.

1.4 These promotional terms apply exclusively to customers procuring the O2 Home Broadband service from O2.

July 2008

The following terms (the “Core Terms”) apply to both Consumer Customers and Business Customers, except to the extent that these terms are varied for Business Customers as detailed in Annex 1 – Business Customer Terms, which Annex shall take precedence over the Core Terms.

In these terms: the expression:

“Business Customer“ means a customer who connects to the Service for business use; and “Consumer Customer“ means a customer who connects to the Service for their own personal private use and not for business use; and “Customer” shall mean a Business Customer or a Consumer Customer as applicable.

These terms and conditions, the Fair and Acceptable Usage Policy, any applicable Charges, the O2 Privacy Policy, the O2 Consumer Code of Conduct and any other terms specified by us, as amended from time to time (together the “Terms”) set out the basis on which Telefónica O2 UK Limited (Company no. 1743099) of 260 Bath Road, Slough, Berkshire SL1 4DX (“O2, we, us, our”) will provide goods and services to the customer with whom we make this agreement or a person who we reasonably believe is acting with the customer’s authority (“You, your”).

“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.

“Services” includes our broadband internet connection and access, Equipment lease services, IP address services, maintenance and support services, and such other services as are agreed in your order or as we may agree to provide you from time to time.

1 What is the effect of the terms and conditions?

1.1. You agree to be bound by the terms by ticking the box next to ‘I accept the Terms and Conditions’ on our website; by your use of the Services or by allowing others to use the Services. You must ensure that any others using the Services via your account also comply with the Terms.

1.2. If you are a consumer customer, the Terms set out the express terms on which we agree to provide the Services but nothing in the Terms will affect your statutory rights.

2 How do you order our Services?

2.1. To order our Services you must:

2.1.1 be over 18;

2.1.2 be a resident of the UK;

2.1.3 if your Contract Date is before 5 March 2008, be the account holder or have the permission of the account holder of a UK credit or debit card (with a UK billing address) with sufficient credit or funds to pay the Charges. We do not accept American Express of Diners Club;

2.1.4 if your Contract Date is on or after 5 March 2008, pay the Charges by Direct Debit. Accordingly, you must be the account holder of a UK bank account (with a UK account address) with sufficient funds and the requisite authority to pay the Charges using Direct Debit;

2.1.5 provide the following information:

(a) a valid UK mobile phone number;

(b) a current email address;

(c) a clear and operational landline number (except if provided by Talk Talk, Bulldog, Kingston Communications or the landline is a cable landline);

(d) the Migration Authorisation Code (“MAC”) key if another Internet Service Provider is already providing you with a broadband service and you are switching to us;

(e) a delivery address for the delivery of the Equipment;

(f) the installation address for the connection of the Services;

(g) your Direct Debit details to pay the Charges, with the account name and a UK billing address. If your Contract Date is before 5 March 2008 you may continue to pay by alternate means of credit or debit card or may transfer to Direct Debit; and

(h) your credit or debit card details in order that we may complete a security check. Please note that, as set out above, these cannot be used for payment for the Services if your Contract Date is on or after 5 March 2008.

2.2. The Services account holder must also be the Direct Debit account holder. You therefore warrant that you are a resident at the installation address and the owner of the account used for the Direct Debit. If you are not the landline account holder, you also warrant that you have the permission of the landline account holder to contract for the Services. You are responsible for any use of the Services via your account and the payment of all Charges.

2.3. You agree that we, or third parties acting on our behalf, may carry out credit checks using the information that you provide.

2.4. By placing your order you are making an offer to enter into a contract with us for the purchase of the relevant Service from us under the Terms. We will contact you if we accept your offer. We may exercise our discretion to refuse to provide any part of the Services to you.

2.5. You need to sign up for an O2 online account on o2.co.uk with a user name and password at the time of placing your order. If you have an existing o2.co.uk account, you may also be required to sign up to and maintain a new account in order to place an order for the Services. You will need to accept the terms and conditions of use of the O2 online account when you sign up for the account. If you are an existing O2 customer you may not be able to use your existing O2 online account. You will be advised of this at the time of signing up for the Services.

3 What equipment do we provide?

3.1. After accepting your order, we will send you the O2 Broadband Pack, including a wireless modem, cables and filter(s) and the set up CD (together the “Equipment”) to your delivery address. The Equipment remains our property and you must take good care of the Equipment while it is leased to you for as long as you continue to receive the Services.

3.2. If your modem is faulty, you must notify us immediately and we will repair or replace it at no cost, providing the fault is not caused by your abuse or negligence. If the fault is caused by your abuse or negligence:

(a) we may charge you the reasonable costs of any repair or replacement; and

(b) you will not be credited for Charges incurred during the period in which the modem is not operational.

3.3. You are only permitted to use the Equipment to connect to our network, or a network approved by us. We cannot support any other equipment used to connect to the Services.

3.4. In order to connect to the Services, we may require you to install certain software on your computer. If you do not install this software, we may not be able to resolve any installation or connection problems you may experience and we are not responsible to you in relation to any matter that arises as a result of your failure to do so.

3.5. Certain elements of the Services are dependent on you having suitable infrastructure available and/or using the correct Software and/or Equipment. In the event that you are unable to provide suitable infrastructure, or fail to use the correct Software and Equipment, then some of the Services may not function correctly, or be able to be supplied to you (“the Affected Services”) and O2 shall have no liability for your inability to receive the Affected Services.

3.6. Upon termination of your contract, you must return the Equipment in the prepaid returns envelope provided to you and take it to the post office. We must receive the Equipment within thirty (30) days of the termination date. If we do not receive the Equipment within that timeframe your payment card will be charged or your bank account will debited a fee of £50. If you keep any Equipment after we stop providing Services, it is supplied to you ‘as is’, without warranty and we are not able to support it.

3.7. All Equipment, content, software or other copyright material we supply to you is for your own use, and you must not copy, change or publish the material or supply it to any other person for any business purposes. Similarly the Service is for the Customer’s use and the Customer shall not resell the Service.

4 Will you get a static IP address?

You will receive a dynamic IP address unless you choose to pay monthly in advance for the static IP option. If you have a static IP address, the IP address will be re-assigned to us or to another customer if your Services are disconnected or terminated for any reason.

5 How do you get connected?

5.1. You must have a computer with a minimum specification (Windows XP or Windows Vista). You can view these in online help at o2.co.uk/help/broadband

5.2. You agree to provide any reasonable co-operation and assistance that may be required to get you connected.

5.3. When connecting your landline to the Services, there may be a temporary loss of telephone services or other telecommunications services. We will try to keep this disruption to a minimum but will not be responsible for any resulting damage, loss or costs caused.

5.4. The actual speed of your broadband connection under your package will depend on your line (for example, the distance of your premises from the BT exchange, the quality of your copper line, and environmental line noise will all impact your actual speeds), so we cannot guarantee that your connection will reach any specific speeds.

5.5. While you’re connected to our network, you’ll need to remain with the landline provider with which you originally took up the Services. If you change your landline provider, or your landline is disconnected or suspended for any reason you may not be able to continue receiving our Services, and the termination provisions in clause 7 will apply.

6 Termination before Services connection

6.1. Your contract for the purchase of the Services begins on the day we dispatch the Equipment to you (“Contract Date”). On the Contract Date, we will charge you a one-off connection fee of £15, a pro-rated amount of the Recurring Charges until the end of the month (if relevant) and the next month’s Recurring Charges in advance.

6.2. We may terminate your contract after the Contract Date but before the Services are connected if we’re not able to provide the Services to your premises for any reason (other than as a result of your own act or omission). Any Charges you have paid will be refunded to you as a credit to the payment card or your bank account.

6.3. In the unlikely event that we send you an email confirming a connection date, but do not actually connect your Service for more than one (1) month after this confirmed connection date (other than as a result of your own act or omission), you are entitled to terminate your contract with us by sending a cancellation notice in writing, notwithstanding clause 7.4. Any Charges you have paid will be refunded to you as a credit to the payment card or your bank account.

7 What is the contract period and how does it end?

7.1. Your contract starts on the Contract Date, and the Services start on the date that you have both received the Equipment and BT confirms that your Services are connected to your local BT exchange. The Services connection date (the “Services Connection Date”) will be notified to you via your nominated email address and mobile phone number.

7.2. The minimum term of your contract is twelve (12) months from the Services Connection Date (the “Minimum Term”). After this Minimum Term you will continue to receive the Services until either you or we end your contract in accordance with this clause 7.

7.3. You may terminate your contract within the first fourteen (14) days after the Services Connection Date (the “Cooling Off Period”) by giving us written notice, to be received by us no later than the 14th day after the Services Connection Date. You will receive a refund of all connection and subscription Charges incurred by you during the Cooling Off Period. If you terminate your contract during the Cooling Off Period, you may not be able to request the Services at the same installation address for six (6) months after the end of the Cooling Off Period.

7.4. After the Cooling Off Period, you may terminate your contract:

(a) by sending us thirty (30) days’ notice in writing via the O2 Broadband customer service email address given on the Contact Us page of o2.co.uk/help/broadband or to the postal address: O2 Broadband Customer Service, Skypark 4, 8 Elliott Place, Glasgow, G3 8EP.

You must pay all Charges incurred during the thirty (30) days. If termination is effective within the Minimum Term, you will also pay a £50 early cancellation charge; or 3

(b) by paying an express cancellation fee of £15 and all Charges that would have been incurred during the usual thirty (30) day notice period. If termination is effective within the Minimum Term, you will also have to pay a £50 early cancellation charge. Service will be terminated usually within four (4) days after receipt of your express cancellation notice in writing; or

(c) if we increase the Charges or change the Terms to your significant disadvantage, (other than where such increases in Charges or change to the Terms arise as a consequence of a change in prices, tariffs, terms or otherwise made or requested by third party manufacturers or suppliers, or a regulatory body), by giving us thirty (30) days’ written notice within thirty (30) days of us informing you of the changes.

You must pay all Charges incurred during the thirty (30) days’ notice period. However, if termination is effective within the Minimum Term, you will not be charged a £50 early cancellation charge.

7.5. We may terminate your contract or suspend all or part of the Services if:

(a) we have not been able to take payment, by the due date, of any money you owe us;

(b) we reasonably believe that you or others (whether under your control or not) are misusing the Services (see our ‘Fair and Acceptable Usage Policy’);

(c) you otherwise breach the Terms;

(d) you are persistently abusive or make threats or otherwise act illegally towards our staff or our property;

(e) you allow anything to be done which in O2’s reasonable opinion may have the effect of jeopardising the operation of the Services, or the Services are being used in a manner prejudicial to the interest of the Customer, other customers and/or O2; or

(f) we are no longer able to provide you with the Services.

7.6. Either you or we may terminate your contract by giving thirty (30) days’ written notice to the other if:

(a) there has been a material breach of the Terms or any other agreement between us by the other party (and this isn’t remedied within thirty (30) days of a written notice notifying the breach);

(b) an event, outside O2’s reasonable control, prevents us from providing the   Services for more than thirty (30) days; or

(c) the other is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986); or becomes insolvent or bankrupt; or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); or makes an application to a court of competent jurisdiction for protection from its creditors generally; or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; or enters into or proposes any composition or arrangement with its creditors generally; or is subject to any analogous event or proceeding in any applicable jurisdiction.

7.7. Your request for a MAC key is not deemed to be your notice of termination. However, if the MAC key is used by another broadband provider and if you do not provide notice under clause 7.4, the date that the MAC key was used will be taken to be the date that we received your notice of termination under clause 7.4(a).

7.8. If we suspend your Services pursuant to clauses 7.5(a), 7.5(b), 7.5(c) or 7.5(d), then you will be liable for the Charges during such suspension. If we suspend your Services for any other reason, you will not be liable for the Charges during such suspension.

7.9. If we terminate your Services pursuant to clauses 7.5(a), 7.5(b), 7.5(c), 7.5(d) or 7.6(a), then we will be entitled to charge you for the Charges which would have been payable to us as if you had terminated in accordance with clause 7.4(a).

7.10. If you terminate the Services pursuant to clause 7.6(b), all recurring Charges for the period of downtime will be refunded as a credit to the payment card or your bank account.

7.11. If your landline is disconnected for any reason or we agree to provide you with the Services again after terminating your Services, we may charge you a reconnection fee of £15.

8 What are our payment terms and charges?

8.1. You are responsible for paying the fees as laid out on the website o2.co.uk (which are subject to change), VAT, and any other tax liabilities that apply to the Services, and costs incurred in collecting late payments from you (the “Charges”). You are responsible for the Charges whether incurred by you or anyone else using your account (with or without your knowledge). If your Charges include a discount (for example, for O2 mobile customers) then this is limited to one discount per person and one discount per broadband connection.

8.2. The Charges are payable from the Services Connection Date. Recurring Charges will be collected in advance (calculated pro rata if incurred for periods of less than a month), while one-off fees will be collected in arrears.

8.3. We do not charge you for calling customer service if you call from a landline or an O2 mobile (call charges may be incurred from other networks).

8.4. If you are paying by a payment card (applicable to customers who signed up before 5 March 2008 and are paying by payment card), then you authorise the payment card company to disclose to us and, under strict obligations of confidentiality, to our subcontractors and 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.

8.5. If you are paying by Direct Debit you will be required to provide your Direct Debit details (bank account number, sort code, name of bank, name of account holder). You authorise your bank to disclose to us, and under strict obligations of confidentiality, to our subcontractors and agents, details about your bank account in so far as is necessary in connection with your agreement with us and to inform us if your Direct Debit Authority is terminated at any time. If a Direct Debit payment fails, you must immediately arrange for the Charges to be paid by other means and we may also contact you to take payment. You may also be liable to pay interest under clause 8.7. If we cannot contact you after a failed Direct Debit payment, we may suspend or terminate the Services and this Agreement under clause 7.5(a) without further notice.

8.6. All invoices will be issued and stored in your O2 online account and will specify the date on which each payment is due. We will notify you at your nominated email address or mobile phone number when:

(a) a new invoice has been issued. You are responsible for viewing and taking copies of these invoices; and

(b) a payment has been taken from your nominated Direct Debit account, or (as applicable to customers who signed up before 5 March 2008) credit or debit card.

8.7. Interest may be charged by us if you do not pay us in full by the due date. We may charge you interest on any overdue payments from the date you should have paid until we receive full payment of the amount you owe, including full interest (whether before or after judgement) at the rate of 2.5 per cent per annum above the base rate of HSBC plc as set from time to time.

8.8. All amounts due to us shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.

8.9. The Charges are exclusive of Value Added Tax which will be charged at the prevailing rate.

9 Switching your broadband package

9.1. You may switch your broadband package to another O2 broadband package no more than once a month by notifying us via your O2 online account or contacting customer service. You can only switch to a package supported by your landline. If you switch your package the actual speed may differ.

9.2. Any change to your package may take up to five (5) working days before it is activated and you will be charged at your new package price from the date of activation in the next billing cycle.

10 Service speed and interruptions

10.1. The actual speed of your broadband connection under your package will depend on your line (for example, the distance of your premises from the BT exchange, the quality of your copper line, the quality of the wiring within the premises, and environmental line noise will all impact your actual speeds), so we cannot guarantee that your connection will reach any specific speeds.

10.2. We do not warrant that the Services will be available at all times and fault-free. We may need to make changes to our network or the technical specification of a Service or may need to suspend provision of the Services for operational or technical reasons. We will use all reasonable endeavours to notify you in advance of such changes or suspension if it materially affects your Services.

10.3. If you experience a total loss of Service directly caused by us (except where you have requested that the Services are moved to a new premises in accordance with clause 11) for more than five (5) consecutive days, you’ll be compensated for each day’s disruption (including the first five (5) days) by a credit towards your recurring charges for those days. In order to receive this credit, you will need to notify us as soon as the Service failure occurs and request the appropriate credit by contacting customer service when your Service is restored. The credit will be shown on your next, or subsequent invoice depending upon where within the billing cycle the credit is requested.

11 What happens if you move?

11.1. If your new premises are in an area that’s covered by the Services, the Services can be moved to your new premises, provided you give us written notice, to be received by us at least seven (7) days before the expected moving date. There will be some downtime between disconnection from your old premises and reconnection at your new premises and you will not be refunded any Charges for that period of downtime unless you terminate your the Services pursuant to clause 7.6(b).

11.2. We will only move the Services to another premises for free once in any 12-month period. Additional moves will incur a charge of £50 per move.

11.3. If your broadband package is not available at the new address you will be automatically moved to another available package which is provided at the same price or the next lowest price.

11.4. If we are unable to provide Services to your new premises, then the cancellation terms in clause 7 will apply.

12 What are your obligations?

You agree that you and other people using the Services via your account will comply with the Terms, including that you will:

(a) keep your security information confidential and secure, and not make them available to unauthorised people. You must tell us immediately if you become aware of any improper disclosure of your security information or unauthorised use of the Services through your account;

(b) provide the required information to us (especially during the ordering process) and ensure that this information is always valid, up to date and accurate;

(c) ensure that your equipment and software complies with all applicable laws and standards and that you have any necessary licences before you use it to connect to our network and ensure that your equipment and software is compatible with our Equipment;

(d) indemnify us against all losses, liabilities, costs (including legal costs) and expenses which we may incur as a result of any third-party claims against us arising from, or in connection with your misuse of the Services or breach of the Terms;

(e) take whatever steps you consider necessary to back up and protect any data on your IT systems, including taking additional measures over and above any measures included within the Equipment to protect your IT systems from viruses, trojans, malware and other threats to your infrastructure;

(f) provide sufficient socket outlets as required in a safe condition without damage, at convenient and easily accessible points. Where the use of an extension lead is unavoidable the extension plug will have a correctly-rated fuse for the equipment to be used, have capacity to prevent overloading and the lead should be positioned carefully to prevent any risk of damage to the cable or present a tripping hazard. A multi-way adaptor should not be used; and

(g) ensure that all Equipment is used in accordance with any instructions issued by O2 or the manufacturer including ensuring that the Equipment is used only in situations where appropriate environmental conditions exist.

13 Limitations and exclusions of liability

13.1. Nothing in the Terms shall restrict or exclude either party’s liability for fraud or for death or personal injury caused by it or its employees’ or agents’ negligence, nor for any other liability which cannot by law be excluded or limited.

13.2. Except as expressly set out in the Terms, we are not liable to pay damages for use of the Services or any losses caused by failures, errors, delays or interruptions relating to the Services, including as a result of any failure to supply the Services because we are prevented by events outside our reasonable control.

13.3. We are not liable to pay damages if anyone else, other than you or us with your permission:

(a) gains access to your connection to the Services, your computer and other related equipment; or

(b) gains access to, destroys or distorts any data or information held by you or about you by us.

13.4. We are not responsible for any goods or services supplied in a separate agreement with another supplier, even if access to these goods or services is through our network.

13.5. Except as set out in clause 12 and this clause 13 and except for the requirements for you to pay all Charges owing to us under this contract, and subject to Clause 13.6, each party’s aggregate liability to the other party with respect to this contract for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall not exceed 100% of the Charges due in that calendar year.

13.6. Neither of us will be liable to the other for any economic loss including, without limitation, any loss of profits, anticipated savings, business, contracts, revenue, time or goodwill or loss of data whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise or the cost of procuring substitute goods or services, provided that doesn’t include:

(a) Charges payable; or

(b) claims for any damage to your tangible property, caused by the negligence or otherwise by any act or omission of ours, our employees, agents or subcontractors, whilst on your premises

13.7. You shall at all times be under a duty to mitigate any losses suffered by you.

13.8. The Customer recognises that the Services may be dependent upon End-User Licensed Software and if the Customer does not accept the licence terms relating to any End-User Licensed Software, O2 shall have no liability whatsoever for any failure to provide the Services to the Customer where the Services depend on the use of End-User Licensed Software.

13.9. Where the Customer accepts the terms of a licence in respect of any End-User Licensed Software, then those licence terms shall take precedence over any terms within this Agreement relating to End-User Licensed Software and shall exclusively comprise the Customer’s sole rights and remedies in respect of such End-User Licensed Software.

14 Is there anything else?

14.1. We will use your mobile phone number and email address to contact you for all purposes under the Terms, including to provide any marketing material related to the Services. You may, at any time, change your mind about receiving information from us or other companies in the future by notifying us in accordance with the O2 Privacy Policy

14.2. 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, PO Box 116, Leeds, LS11 5DS. Please include your Mobile Phone number and Broadband account reference in any correspondence. If you are a Consumer Customer, or a Business Customer with ten (10) or fewer employees, and we do not resolve your complaint you may contact the Telecommunications Ombudsman. You can find their details at www.otelo.org.uk. However Otelo will only deal with your complaint if it remains unresolved after twelve (12) weeks or a deadlock situation has been reached.

14.3. From time to time, we may (without notice to you) review, record or check your use of the Services where we are required to do so to ensure compliance with any laws or regulations or where ordered to do so by any court or other body or authority with the power to require such monitoring and for our own internal purposes to ensure compliance with the Terms.

14.4. We may assign your contract or any Service we provide to you to a third party. You may not assign this contract or the benefit of any Service we provide to you.

14.5. Any failure or delay by us in exercising or enforcing any rights or benefits granted by the Terms will not be deemed to be a waiver of any such right or benefit nor will it prevent us from exercising or enforcing any such right or benefit or any other right or benefit on any other occasion.

14.6. Each provision of the Terms is to be construed as a separate provision applying and surviving even if one or more of the other provisions of this clause is held inapplicable or unreasonable.

14.7. The Terms do not create any rights for, or enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.

14.8. The Terms shall be governed and construed in accordance with English law and you and we submit to the non-exclusive jurisdiction of the English courts.

14.9. The Terms set out the entire agreement between you and us relating to the provision of the Services to you including all intended rights and obligations and supersede any and all previous agreements and understandings between you and us with respect to such provision. If you are a business customer, you further agree that neither you or we:

(a) relied on any statement you or we made to each other before entering into this contract; and

(b) waive any remedy which would otherwise be available in respect of any untrue statement (unless made fraudulently) before this contract was in force.

14.10. We may change the Terms, including the Charges, at any time. If we increase the Charges for elements of the Services you are using or change the Terms to your significant disadvantage, we will give you thirty (30) days’ notice in writing before the change takes place. For changes that we need to make to meet legal and regulatory requirements we may not be able to give you thirty (30) days’ notice, in which case we will notify you as soon as we can. Changes will be posted on o2.co.uk or we may give you notice in writing, by text (SMS) to your nominated mobile phone number

and/orby email where you have supplied your email address to us for this purpose.

14.11. Notices. Any notice or other communication required or permitted under this Agreement shall be given in writing to the following address:

(a) in the case of notices served on O2 to O2 Broadband Customer Service, to Skypark 4, 8 Elliott Place, Glasgow, G3 8EP, or such other address as is specified elsewhere in this Agreement; and 6

(b) in the case of notices served on the Customer, to the Customer at either the address at which you specified the Service is to be provided, or your Billing Address, or such other address as is specified elsewhere in this Agreement; or

(c) such other address as either party shall give notice to the other party from time to time.

Notices will be deemed to have been given or made: when delivered personally; or, if properly addressed and posted by first class mail in the United Kingdom within two (2) business days of posting; or, if sent by facsimile upon being sent; or, if sent by email or other electronic means upon such communication being acknowledged as having been received.

Annex 1 - Business Customer Terms applicable to Business Customers only

The definition of “Terms” shall not include the O2 Consumer Code of Conduct.

Clause 1.2 of the Core Terms shall not apply and shall be replaced with the following clause: “The Terms set out the express terms on which we agree to provide the Services.”

Clause 2.2 of the Core Terms shall not apply and shall be replaced with the following clause: “You warrant that your business is operated from the installation address. You also warrant that you are the landline account holder, or have the permission of the landline account holder to contract for the Services. You are responsible for any use of the Services via your account and the payment of all Charges.”

Clause 3.1 of the Core Terms shall not apply and shall be replaced with the following clause: “After accepting your order, we will send you the O2 Business Broadband Pack, including a wireless modem, cables and filter(s) and the set up CD (together the “Equipment”) to your delivery address. The Equipment remains our property and you must take good care of the Equipment while it is leased to you for as long as you continue to receive the Services.”

Clause 4 of the Core Terms shall not apply and shall be replaced with the following clause: “You will receive a dynamic IP address unless you choose the static IP option. If you have a static IP address, that IP address will be re-assigned to us or to another customer if your Services are disconnected or terminated for any reason.”

Clause 8.4 of the Core Terms shall not apply and shall be deleted.

Add a new Clause 10.4 to the Core Terms as follows: “As a Business Customer, you agree that any credit to which you are entitled under clause 10.3 is an equitable remedy in respect of all loss or damage which you may suffer as a result of such loss of Service, and that it shall be your sole and exclusive remedy in respect of such loss of Service.”

Clause 13.5 of the Core Terms shall not apply and shall be replaced with the following clause: ”Except as set out in clause 12 and this clause 13 and except for the requirements for you to pay all Charges owing to us under this contract, and subject to Clause 13.6, each party’s aggregate liability to the other party with respect to this contract for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall not exceed the greater of: (i) £50,000; or (ii) 100% of the Charges due in that calendar year.”

Add a new Clause 13.10 to the Core Terms as follows: “Subject to clause 13.1, 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.”

Clause 14.2 of the Core Terms shall not apply and shall be replaced with the following clause: “In the event of any queries or problems relating to your use of the Service, please contact the O2 customer service team via the contacts set out on our website at broadband.o2.co.uk/”

June 2008

o2.co.uk

Telefónica O2 UK Limited, 260 Bath Road, Slough, Berkshire SL1 4DX.

Registered in England and Wales No.1743099. Registered Office as above.

© Telefónica O2 UK Limited 2008.

These promotional terms and conditions relating to the 30 day money back guarantee ("Promotional Terms") set out the basis on which O2 (UK) Limited (Company no. 07143099) of 260 Bath Road, Slough, Berkshire SL1 4DX ("O2, we, us, our") will provide goods and services to the customer with whom we make this agreement or a person who we reasonably believe is acting with the customer’s authority ("You, your").

"Services" includes our broadband Internet connection and access, Equipment lease services, IP address services, maintenance and support services, and such other services as are agreed in your order or as we may agree to provide you from time to time.

The Promotional Terms are in addition to O2’s Standard Broadband Terms and conditions (the "Terms") for the Services, and terms which are not defined in the Promotional Terms will have the meaning set out in the Terms. If there is any inconsistency between the Promotional Terms and the Terms, the Promotional Terms will prevail.

1.1 The Promotional Terms will apply to new and eligible customers who sign up and accept the Services. We reserve the right to withhold the promotion from any customer for any reason.

1.2 You may terminate your contract within the first 30 days after the Services connection date ("Cooling Off Period") by giving us written notice no later than the 30th day after the Services connection date. You will receive a refund of any Charges incurred by you during the Cooling Off Period, including all connection, subscription and administrative charges. If you terminate your contract during the Cooling Off Period, you may not be able to request the Services at the same installation address for 6 months after the end of the Cooling Off Period.

1.3 Upon termination of your contract, you must return the Equipment in the prepaid returns envelope provided to you and take it to the post office. We must receive the Equipment within 30 days of the termination date. Any Equipment not received by us within that timeframe will be subject to a fee of £50. If you keep any Equipment after we stop providing Services, it is supplied to you ‘as is’, without warranty and we are not able to support it.

1.4 We reserve the right to change the Promotional Terms, including withdrawing the Promotion, at any time, by notifying you on our website we have posted the changes on our website.

January 2009

These promotional terms and conditions relating to the 50 day money back guarantee (“Promotional Terms”) set out the basis on which Telefónica O2 UK Limited (Company no. 1743099) of 260 Bath Road, Slough, Berkshire SL1 4DX (“O2, we, us, our”) will provide goods and services to the customer with whom we make this agreement or a person who we reasonably believe is acting with the customer’s authority (“You, your”).

The Promotional Terms are in addition to O2’s standard broadband terms and conditions for Business and/or Consumer customers (the “Terms”) for the Services, and terms which are not defined in the Promotional Terms will have the meaning set out in the Terms. If there is any inconsistency between the Promotional Terms and the Terms, the Promotional Terms will prevail.

1.1  The Promotional Terms will apply to new and eligible customers who sign up and accept the Services from 1 September to 31 October(“Promotional Period”). We reserve the right to withhold the promotion from any customer for any reason.

1.2  You may terminate your contract within the first 50 days after the Services connection date (“Cooling Off Period”) by giving us written notice no later than the 50^th day after the Services connection date. You will receive a refund of any Charges incurred by you during the Cooling Off Period, including all connection, subscription and administrative charges. If you terminate your contract during the Cooling Off Period, you may not be able to request the Services at the same installation address for 6 months after the end of the Cooling Off Period.

1.3  Upon termination of your contract, you must return the Equipment in the prepaid returns envelope provided to you and take it to the post office. We must receive the Equipment within 30 days of the termination date. Any Equipment not received by us within that timeframe will be subject to a fee of £50. If you keep any Equipment after we stop providing Services, it is supplied to you ‘as is’, without warranty and we are not able to support it.

1.4  We reserve the right to change the Promotional Terms, including the end date of the Promotional Period, at any time, by notifying you on our website we have posted the changes on our website.

1.5  These promotional terms apply exclusively to customers procuring the O2 Home Broadband service from O2.

September 2008

Read this agreement carefully before opening or installing this software

This end user licence is for the following software:

1. O2 Broadband installer, which gets O2 Broadband up and running and on request installs McAfee Security for O2 Broadband on your computer.
2. O2 Broadband assistant, which checks for and fixes problems with your internet connection and O2 email; and
3. O2 Broadband remote help, which (if you give permission) enables an O2 Customer Service Advisor to take over your computer remotely to try and fix any problems

The Software includes all copies of the Software you are accessing, installing, using, downloading, copying, or otherwise benefiting from, and any updates, modified versions, upgrades, Updates (as defined below), additions, and copies of the Software, or documentation accessed, installed, used, downloaded, copied or benefited from by you in any format, including but not limited to, in the format of a temporary plug-in, and all technical documentation provided to you related to the Software (the "Documentation").

The Software contains certain computer programs, documentation, or other proprietary material that belong to Telefónica O2 UK Limited ("O2")or its suppliers and your use of the Software is subject to this legally binding software licence agreement between you the user and O2 ("Agreement").

If you do not agree to the terms and conditions of this Agreement, click the "Decline" button, and do not install or use the Software.

When you click on the "Accept" button or when you otherwise install or use any part of the Software, you are consenting to being bound by, and becoming a party to, this agreement which includes limitations on use; transferability, warranty, and liability.

If you do not accept the terms and conditions in this agreement, O2 does not authorise you to use or have any licence to any part of the Software. In addition, by installing, copying or otherwise using any updates to the Software that you receive ('Updates'), you agree to be bound by any additional licence terms that accompany such Updates. If you do not agree to the additional licence terms that accompany such Updates, you may not install, copy or use such Updates.

In the event you, or someone on your behalf, have executed a written agreement with O2 regarding the use of the Software, then your use of the Software is subject to such written agreement to the extent such written agreement differs from this agreement.

1 OWNERSHIP

The Software is licensed (not sold) to you; O2 or its suppliers own all copyright, trade secret, trademark, patent and other proprietary rights in the Software. Your licence confers no title to, or ownership in, the Software.

2 AUTHORISED USE

Unless otherwise specifically provided in writing by O2 (in which case such specified usage rights will apply), and subject to the terms of this Agreement, O2 grants to you a nonexclusive, non-transferable, non-sublicensable, limited licence to use the Software for your own personal use only.

3 RESTRICTIONS

Except as may be permitted by applicable law, you shall not (and shall not allow any third party to)

(a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Software by any means whatsoever;

(b) remove any product identification, copyright or other notices;

(c) provide, lease, lend, use for timesharing, service bureau or hosting purposes or otherwise use or allow others to use the Software to or for the benefit of third parties

(d) modify or incorporate into or with other software or create a derivative work of any part of the Software;

(e) disseminate information or analysis (including, without limitation, benchmarks) regarding the quality or performance of the Software;

(f) use the output or other information generated by the Software (including, without limitation, output describing the structure of a software program) for any purpose other than use by the Software in accordance with this Agreement; or

(g) resell, sublicense, distribute, or transfer the Software or any component thereof to any third party. Notwithstanding anything else, O2 or its suppliers retain all title to, and, except as expressly licensed herein, all rights to the Software, all copies and derivatives thereof and all related documentation and materials. You must reproduce and include the copyright notice and other proprietary notices that appear on the original Software on any copies and any media thereof made in accordance with the terms of this Agreement. 

The O2 Broadband remote help software contains GNU-code that has been modified by O2's supplier, SupportSoft Inc., and is provided to you in object code form "as is", without any warranty whatsoever (to the maximum extent possible in relation to mandatory provisions of the applicable law).

The GNU General Public License Terms give you the right to receive a complete machine-readable copy of the source code for the GNU-code upon written request to the SupportSoft Inc no later than three (3) years after you have initially received the GNU-code in the Software and at no charge (other than the cost of physically performing the source code distribution). You have further the right to general use of the GNU-code, that is the right to copy, distribute and modify the GNU-code, on the terms and conditions stated in the GNU General Public License (please refer to http://www.gnu.org for more information).

4 WARRANTY

You acknowledge that the Software and Documentation are provided "as is" with all faults and without warranty of any kind. You agree that all risks pertaining to the use of the Software and Documentation are assumed by you. O2 and its suppliers make no representation or warranty of any kind whether express or implied (either in fact or by operation of law) with respect to the Software or other materials provided by O2. O2 and its suppliers expressly disclaim all implied warranties including warranties of non-infringement, merchantability or fitness for a particular purpose. O2 does not warrant that the Software is error-free or that operation of the Software will be secure or uninterrupted. O2 and its suppliers make no representation or warranty and have no liability whatsoever with regard to the functioning or operation of the Software with other equipment or software of yours, or any third party software. No oral or written information or advice given by O2 or its supplier or their employees or agents will create a warranty or in any way increase the scope of any warranty provided herein.

5 TERMINATION

This Agreement shall immediately terminate if you breach the Agreement or if you are no longer an O2 Broadband member. All provisions except Section 2 shall survive termination. Upon termination, you shall immediately cease all use of the Software and return or destroy all copies of the Software and all portions thereof. O2 reserves the right to pursue all other remedies for any breach of this Agreement whether or not this Agreement is terminated.

6 LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, under no circumstances will O2 or its suppliers be liable to you, or any other person or entity, for any error, omission, defect, deficiency or non-conformity in the Software or for any loss of use, revenue or profit, lost or damaged data, loss of confidential information, business interruption, loss of privacy, for failure to meet any duty including good faith or reasonable care, or other commercial or economic loss or for any indirect, incidental, cover, special, statutory, punitive, exemplary or consequential damages whatsoever related to your use or reliance upon the Software and documentation, even if advised of the possibility of such damages or if such damages are foreseeable.

Further, and notwithstanding anything in this agreement to the contrary, neither O2, or its suppliers, shall be liable or obligated to you with respect to any subject matter of this Agreement or under contract, breach of warranty, tort (including negligence), strict liability or any other legal or equitable theory for any amounts in excess of the greater of the annual aggregate of the fees paid to O2 by you for the O2 Broadband service. This limitation shall apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement. Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

7 GENERAL PROVISIONS

7.1 Governing Law and Jurisdiction. This Agreement shall be governed in all respects by the laws of England and Wales. Any dispute regarding this Agreement involving O2 or its suppliers shall be subject to the exclusive jurisdiction of the courts of England and Wales.

7.2 No Export. You will not remove or export from the United Kingdom all or any part of the Software or any direct product thereof, except in full compliance with any and all applicable export laws and regulations.

7.3 Privacy. The Software may contain features which may allow O2 to collect data from, control and/or monitor computers running the Software in order to fix problems with your O2 Broadband service. O2 shall only perform such activities with your consent and shall only be liable to you for any loss or damage arising directly through any negligence of O2 in performing such activities.

7.4 Compliance with Laws. You shall comply with all laws and regulations applicable to this Agreement or the transactions contemplated hereby.

7.5 Assignment. You may not assign this Agreement without the prior written consent of O2.

June 2008

The following terms and conditions relate only to your use of the Services.

O2’s fair and acceptable usage policy is designed to make sure the Services provided to you are great value, fast and reliable. The following list details all the uses of the Services that we consider unfair or unacceptable (‘Policy’). You must ensure that any use of the Services, by yourself or others via your account, complies with this Policy. If you or others using the Services via your account contravene this Policy, we may:

(a) give you a notice to stop the unacceptable use(s); or

(b) terminate or suspend your Services, with or without notice as we consider appropriate, under the standard terms and conditions for customers.

This Policy is in addition to O2’s standard broadband terms and conditions for Business and/or Consumer customers (the ‘Terms’) for the Services, and terms which are not defined in the Policy will have the meaning set out in the Terms. If there is any inconsistency between the Policy and the Terms, the Policy will prevail.

Please advise us if you become aware of any violation or suspected violation of this Policy by sending an email to customer.service@o2broadband.co.uk

1 What you must not do

You must not use the Services for:

(a) unlawful, fraudulent, criminal or otherwise illegal activities;

(b) sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;

(c) commercial purposes, unless:

(i) you are working from home as a sole trader in business on your own account; or,

(ii) you are a Business Customer and you use the service only in the ordinary course of your business; and provided that in either case, any such use of the Services is always subject to paragraph (j) below:

(d) sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters, except if you are working from home as a sole trader in business on your own account or you are a Business Customer and in either case you are permitted to send marketing communications in accordance with the Privacy and Electronic Communications Regulations 2003;

(e) knowingly or negligently creating, transmitting, storing, publishing or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, Trojans or any other similar software or program) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by us or any other Internet user or person;

(f) activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person;

(g) activities that are in breach of any other third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;

(h) anything that may disrupt or interfere with our network or Services or cause a host or the network to crash;

(i) launching ‘denial of service’ attacks; ‘mailbombing’ attacks; or ‘flooding’ attacks against a host or network;

(j) granting access to the Services to others not located at the premises at which the Services are connected, or, in any way reselling or re-providing the Services to third parties;

(k) making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large email

attachments; or

(l) circumventing the user authentication or security process of a host or network.

2 What about security?

2.1 You are responsible for ensuring that security information remains confidential so that the network cannot be used by any unauthorised person.

2.2 The security information includes, but is not limited to, information controlling access to:

(a) any equipment, computer hardware systems or networks;

(b) any computer software or applications; or

(c) any other services accessed by you in the use of either of the above.

2.3 You shall not disclose any security information to any third party, or use the same for any purpose connected with the improper use of the network including

accessing or attempting to access other parts of the services for which you do not have access rights.

2.4 You are responsible for taking all reasonable steps necessary to prevent a third party obtaining access to the network.

3 What about usage by kids, employees and others without you knowing?

3.1 You are responsible for all uses made of the Services through your account and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. You agree that we are not responsible for any of your activities in using the network.

3.2 It is your responsibility to determine whether any of the content accessed via the Services is appropriate for children or others in your household or office to view or use.

4 What about excessive network usage?

There is no limit on the monthly network usage. However if we feel that your activities are so excessive that other customers are detrimentally affected, we may give you a written warning (by email or otherwise). In extreme circumstances, if the levels of activity do not immediately decrease after the warning, we may terminate or suspend your Services.

o2.co.uk
Telefónica O2 (UK) Limited, 260 Bath Road, Slough, Berkshire SL1 4DX
Registered in England and Wales No.1743099. Registered Office as above.
© Telefónica O2 (UK) Limited 2008

These promotional terms and conditions relating to the O2 Price Reduction ("Promotional Terms") set out the basis on which Telefónica O2 UK Limited (Company no. 1743099) of 260 Bath Road, Slough, Berkshire SL1 4DX ("O2, we, us, our") will provide goods and services to the customer with whom we make this agreement or a person who we reasonably believe is acting with the customer's authority ("You, your").

The Promotional Terms are in addition to the Terms for the Services, and terms which are not defined in the Promotional Terms will have the meaning set out in the Terms. If there is any inconsistency between the Promotional Terms and the Terms, the Promotional Terms will prevail.

1.1 New and eligible customers who sign up and accept the Services from 1 January 2008 to 30th April 2008 ("Promotional Period") will be charged the following prices for their selected O2 Broadband package:

• Standard £12.50 per month
• Premium £15 per month
• Ultimate £20 per month

1.2 Existing customers who have signed up to the Services prior to 1 January 2008 will be migrated by O2 from the previous price to the promotional price appropriate to their package. The migration will take place from 1 February 2008.

1.3 The Promotion is not available to customers who connect with the Services, disconnect the Services, and wish to reconnect the Services within the Promotional Period. We reserve the right to withhold the promotion from any customer for any reason.

1.4 These charges are in addition to any other charges payable by the customer to O2 for the Services, or any other service which O2 provide to the customer.

1.5 We reserve the right to change the Promotional Terms, including the end date of the Promotional Period, at any time, by notifying you on our website we have posted the changes on our website.

June 2008

End User License Agreement

NOTICE TO ALL USERS: PLEASE READ THIS CONTRACT CAREFULLY.  BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.  IF YOU DO NOT AGREE, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS CONTRACT AND DO NOT INSTALL THE SOFTWARE. IF YOU PURCHASED THE SOFTWARE ON TANGIBLE MEDIA (e.g., CD) WITHOUT THE OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS CONTRACT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE TO THE LOCATION FROM WHICH IT WAS OBTAINED. 

Definitions.

1. “Software” means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media (including electronic media) with which this Agreement is provided or such contents as are hosted by McAfee or its distributors, resellers, OEM/MSP partners, or other business partners (collectively “Authorized Partner(s)”), including but not limited to (i) McAfee or third party computer information or software; (ii) related explanatory materials in printed, electronic, or online form (“Documentation”); and (b) upgrades, modified or subsequent versions and updates (collectively “Updates”), and Software, if any, licensed to you by McAfee or an Authorized Partner as part of a maintenance contract or service subscription.
2. “Use” or “Using” means to access, install, download, copy or otherwise benefit from using the Software.
3. “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by McAfee or an Authorized Partner.
4. “Computer” means a device that accepts information in digital or similar form and manipulates it for a specific result based upon a sequence of instructions.
5. “McAfee” means (a) McAfee, Inc., a Delaware corporation, with offices located at 3965 Freedom Circle, Santa Clara, California 95054 if the Software is purchased in the United States, Mexico, Central America, South America, or the Caribbean; (b) McAfee Ireland Limited, with offices located at 11 Eastgate Business Park, Little Island, Cork, Ireland if the Software is purchased in Canada, Europe, the Middle East, Africa, Asia, or the Pacific Rim; (c) McAfee do Brasil Comércio de Software Ltda., with offices located at Rua General Flausino Gomes 78, conj. 51, Sao Paulo, SP, Brazil if the Software is purchased in Brazil; and (d) McAfee Co., Ltd. with offices located at Shibuya Mark City West Building 12-1, Dogenzaka 1-Chrome, Shibuya-ku, Tokyo 150-0043, Japan if the Software is purchased in Japan; and (e) McAfee (Shanghai) Software Co. Ltd., with offices located at Room 601 AE-13, Bldg. 2, No. 351, Goushoujing Toad, Zhangliang High-tech Park, Pudong, Shanghai China if the Software is purchased in China. 

License Grant.

Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, McAfee hereby grants to you a non-exclusive, non-transferable license to Use the Software subject to any restrictions or usage terms specified on the applicable product packaging included as part of the Documentation.  Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in either a “Read Me” file or an “About” file in the Software.   

Term.

Unless earlier terminated as set forth herein, this Agreement is effective for the term set forth in the Documentation. If no term is agreed, the default term shall be one (1) year from purchase. If you have agreed to permit McAfee to automatically renew your subscription to the Software by charging a valid credit card number which you have provided to McAfee, your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than McAfee’s then-current price, excluding promotional and discount pricing.   You must provide current, complete, and accurate information for your billing account.  You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify McAfee if your credit card is cancelled (for example, for loss or theft).  Changes to such information can be made at http://us.mcafee.com/root/login.asp.  If you fail to provide McAfee any of the foregoing information, you agree that McAfee may continue charging you for any subscription automatically renewed unless you inform McAfee’s customer support department. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of the Software and destroy all copies of the Software and the Documentation.

Updates.

This license is limited to the version of the Software delivered by McAfee and does not include Updates, unless a separate maintenance contract is purchased or, alternatively, you have purchased a service subscription that entitles you to Updates as described in the Documentation.  After the specified maintenance period or service subscription period has expired, you have no further right to receive any Updates without the purchase of a new maintenance contract or service subscription.

Ownership Rights.

The Software is protected by United States’ and other copyright laws, international treaty provisions and other applicable laws in the country in which it is being used.  McAfee and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or Use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. Any copy of the Software and Documentation authorized to be made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation.

Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Bundles/Updates

If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you receive the Software bundled with other software, the total number of your Computers on which all versions of the Software are installed may not exceed the Permitted Number. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your Computer after you receive the Update to assist you in the transition to the Update, provided that the Update and the previous version are installed on the same Computer; the previous version or copies thereof are not transferred to another Computer unless all copies of the Update are also transferred to such Computer, and you acknowledge that any obligation McAfee may have to support the previous version of the Software ends upon availability of the Update.

Restrictions.

You may not sell, lease, license, rent, loan, resell or otherwise transfer, with or without consideration, the Software.   You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 1 above. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement.  You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by McAfee.

Warranty and Disclaimer.

a. Limited Warranty. McAfee warrants (manufacturer warranty) that for sixty (60) days from the date of original purchase the Software will operate substantially in accordance with the Documentation and that the media (e.g., CD ROM), if any, on which the Software is contained and provided to you will be free from defects in materials and workmanship.

b. Customer Remedies. McAfee’s and its suppliers' entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at McAfee’s option, either (i) return of the purchase price paid for the license, if any, or (ii) replacement of the defective media in which the Software is contained. You must return the defective media to your place of purchase at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period.  Outside the United States, this remedy is not available to the extent McAfee is subject to restrictions under United States export control laws and regulations.

c. Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS" AND McAfee MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE.  EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.  McAfee, ITS SUPPLIERS, AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE.  YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, McAfee MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.

Limitation of Liability.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL McAfee, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR GROSS NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL McAfee, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR THE SOFTWARE, IF ANY, EVEN IF McAfee, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. Nothing contained in this Agreement limits McAfee’s liability to you for McAfee’s negligence or for the tort of fraud.   McAfee is acting on behalf of its suppliers and Authorized Partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.  The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

10. Notice to United States Government End Users.

The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

11. Export Controls.

You are advised that the Software is of United States origin and subject to the United States Export Administration Regulations; diversion contrary to United States law and regulation is prohibited.  You agree not to directly or indirectly export, import or transmit the Software to any country, end user or for any Use that is prohibited by applicable United States regulation or statute (including but not limited to those countries embargoed from time to time by the United States government).  You represent that neither the United States Bureau of Industry and Security nor any other governmental agency has issued sanctions against Customer or otherwise suspended, revoked or denied Customer's export privileges.  You agree not to Use or transfer the Software for any Use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specific written license. Additionally, You agree not to directly or indirectly export, import or transmit the Software contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or Use.  

12. High Risk Activities.

The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). McAfee expressly disclaims any express or implied warranty of fitness for High Risk Activities.

13. Governing Law. 

This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if you purchased the Software in the United States, Mexico, Central America, South America, or the Caribbean;  (b) in the Republic of Ireland, if you purchased the Software in Canada, Europe, Middle East, Africa, Asia, or the region commonly known as the Pacific Rim; (c) in Brazil if you purchased the Software in Brazil, (d) in Japan if you purchased the Software in Japan and (e) in China if you purchased the Software in China.  If you purchased the Software in any other country, then the substantive laws of the Republic of Ireland shall apply, unless another law is required to be applied. The United States District Court for the Northern District of California and the Superior Court of Santa Clara County, California, when California law applies, the courts of the Republic of Ireland, when the law of Ireland applies, the courts of Brazil when Brazilian law applies, the courts of Japan when Japanese law applies, and the courts of China when Chinese law applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement.  This Agreement will not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  If you are an individual consumer, this shall not affect any mandatory right you may have to take action in your country of residence and under the laws of that country.

14. Free Software.

This product includes or may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar Free Software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code.  The GPL requires that for any software covered under the GPL, which is distributed to someone in an executable binary format, that the source code also be made available to those users.  For any such software covered under the GPL, the source code is made available on this CD.  If any Free Software licenses require that McAfee provide rights to use, copy or modify a Free Software program that are broader than the rights granted in this agreement, then such rights shall take precedence over the rights and restrictions herein.

15. Privacy. 

By entering into this Agreement, you agree that McAfee may collect, retain and use your personal information, including your name, address, e-mail address, and payment details.  Your personal information will be used primarily to provide services and product functionality to you.  McAfee may also use your personal information for additional communication with you, subject to your decision not to accept such communication from McAfee and subject to applicable laws.  McAfee engages other companies and individuals (“subcontractors”) to perform functions on its behalf, such as payment processing, order fulfilment, marketing programs and customer service.  McAfee may share your information with such subcontractors in order to perform these and other functions, but such subcontractors may not use your personal information for other purposes, unless you agree.  By entering into this Agreement, you agree to the transfer of your personal information to McAfee’s offices in the United States, for the purposes stated above. For more detailed information on the collection, use and transfer of your personal information, and for information on how to opt out of or unsubscribe from the communications described above, please read the McAfee privacy policy on the McAfee web site (www.McAfee.com).

16. Audit for Volume Licenses.  

McAfee reserves the right to periodically audit you to ensure that you are not using any Software in violation of this Agreement.  During standard business hours and upon prior written notice, McAfee may visit you and you will make available to McAfee or its representatives any records pertaining to the Software.  The cost of any requested audit will be solely borne by McAfee, unless such audit discloses an underpayment or amount due to McAfee in excess of five percent (5%) of the initial license fee for the Software or you are using the Software in an unauthorized manner, in which case you shall pay for the cost of the audit.

17. Miscellaneous. 

This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications, representations or advertising relating to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of McAfee.  No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by McAfee.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

18. McAfee Customer Contact.

If you have any questions concerning these terms and conditions, or if you would like to contact McAfee for any other reason, please call (408) 988-3832, fax (408) 970-9727, or write: McAfee, Inc., Attention: Customer Service, 3965 Freedom Circle, Santa Clara, California 95054.  http://www.McAfee.com.  Alternatively, you may contact your local McAfee entity at the number listed at http://www.McAfee.com.

1 The Home Broadband discount for O2 mobile customers terms are in addition to O2’s standard broadband terms and conditions for Business and/or Consumer customers (the “Terms”) for the Services, and terms which are not defined in these Home Broadband discount for O2 mobile customers terms will have the meaning set out in the Terms. If there is any inconsistency between the Home Broadband discount for O2 mobile customers terms and the Terms, the Home Broadband discount for O2 mobile customers terms will prevail.

2 The Home Broadband discount is available to eligible O2 Consumer and Business Pay Monthly and O2 Pay & Go customers (“O2 Mobile Customers”). If you are an O2 Mobile Customer when you sign up for Home Broadband, then the discount will be applied to your O2 Home Broadband Package at the time of you signing up for O2 Home Broadband, or, if you subsequently become an O2 Mobile Customer from the date you tell us you’ve become an O2 Mobile Customer.

3 Only one discounted Home Broadband connection is permitted per O2 Pay Monthly or Pay & Go customer. O2 reserves the right to withdraw or amend the O2 mobile discount at any time on reasonable notice.

4 Pay Monthly Customers

4.1 If you’re an O2 Pay Monthly customer and your O2 Pay Monthly contract is terminated for any reason or if you port to another mobile provider, you are no longer eligible for the Home Broadband discount and will automatically be charged the standard price for your O2 Home Broadband Package from the date of termination of your O2 Pay Monthly contract or porting to another mobile provider.

5 Pay & Go Customers - Minimum Top-Up Requirement

5.1 If you’re a Pay & Go customer and sign-up to a discounted O2 Home Broadband package you need to keep your O2 Pay & Go mobile active (i.e. able to make and receive calls) and satisfy a minimum top-up requirement to keep the discount after your first month of O2 Home Broadband.

5.2 The details of the minimum top-up requirements are:

The O2 Pay & Go mobile used to qualify for the discounted Home Broadband is topped-up by a total at least £10 in the three month period prior to each month’s Home Broadband top-up date (this will always be 3 days before your broadband bill date). This means that if you are due to receive your Home Broadband bill on 4th of each month, then you must make sure your Pay & Go mobile is topped up a total of at least £10 in the three months prior to the 1st of each month (your Home Broadband Top Up Date)

5.3 If you are unable to meet this top-up requirement you will be charged the standard price for your selected Broadband package. If you subsequently fulfil the top up requirements, you will be entitled to receive the discount again for the months in which you meet the top up requirement, but it will not be applied retrospectively to the months where you did not meet the top up requirement. O2 will use its reasonable endeavours to ensure you automatically receive the Home Broadband discount when applicable.

5.4 If you’re an O2 Pay & Go customer and Pay & Go mobile is terminated for any reason or if you port to another mobile provider, you are no longer eligible for the Home Broadband discount and will automatically be charged the standard price for your O2 Home Broadband Package from the date of termination of your Pay & Go mobile or porting to another mobile provider.

6 The Home Broadband discount is available exclusively to customers procuring the O2 Home Broadband service from O2.

1. Offer open to residents of the UK, Channel Islands and the Isle of Man aged 18 or over except employees and their immediate families of the Promoter, their subsidiaries or affiliated companies, or anyone professionally connected to the Promotion.
2. Offer applies to consumers purchasing O2 Home Broadband using the prescribed entry mechanic by sending a text message with the word GUNNERS to 60600 and who remain connected past the expiry of any “change of mind” or money back guarantee period offered by O2 in relation to their O2 Home Broadband subscription (“Return Period”).
3. You should ensure that you read the full terms and conditions of the O2 Home Broadband service carefully. These terms and conditions can also be viewed and printed at Broadband terms and conditions.
4. Only one football shirt per purchase of O2 Home Broadband in the manner described in point 1.2. Football shirts are strictly subject to availability.
5. Shirts will be provided within 14 days after the customer has completed the Return Period.
6. If after 14 days the consumer has not received their shirt they can contact O2broadband@arsenal.co.uk for any shirt queries.
7. All shirts are available while stocks last and although the Promoters will endeavour to offer the Arsenal 2008/2009 season shirts, they cannot guarantee availability during the promotional period.
8. All data collected will be used solely for this Promotion and will not be passed on to any third parties without the consent of the party involved.
9. The Promoter reserves the right to amend or withdraw this offer at any time.
10. The Promoter: Telefónica O2 UK Limited, 260 Bath Road, Slough, SL1 4DX.

 

1. Introduction
   1. These terms and conditions relating to the O2 Home Broadband Prioritised Customer Service ("PCS Terms") set out the basis on which Telefónica O2 UK Limited (Company no. 1743099) of 260 Bath Road, Slough, Berkshire SL1 4DX ("O2, we, us, our") will provide support services to the customer with whom we make this agreement or a person who we reasonably believe is acting with the customer's authority ("You, your")
   2. The PCS Terms are in addition to the O2 Broadband Services - Standard Terms and Conditions for Consumer Customers and Business Customers ("Terms"), and terms which are not defined in the PCS Terms will have the meaning set out in the Terms. If there is any inconsistency between the PCS Terms and the Terms, the PCS Terms will prevail.
   3. "Customer Infrastructure" means any equipment owned or used by the Customer but not provided by O2 for the provision of the Services (and subsequently out of the scope for the PCS Service).
2. Scope of the PCS Service
   1. The PCS Service means the service detailed in Appendix 1 ("the PCS Service Description") and provided to Customers by O2 in respect of resolving faults in the Services.
   2. The PCS Service is provided in addition to the telephone based helpdesk service which O2 provides in connection with the Services. The PCS Service will not be provided to you unless and until you have sought help from and complied with all instructions issued by the telephone based customer helpdesk service and O2 is satisfied that the Service is still not working - where "working" shall have the meaning set out in clause 2.10 of these PCS Terms.
   3. The PCS Service may involve physical checks of the O2 wireless box ("O2 Wireless Box") supplied by O2. If you use a modem/router supplied by someone other than O2, then O2 may not be able to complete the same number of checks as it can complete with respect to an O2 Wireless Box and O2 has no obligation to resolve problems relating to routers other than the O2 Wireless Box.
   4. O2 will use its reasonable endeavours to check basic PC configuration information relating to email accounts set up for a maximum of 10 email accounts on 5 PCs.
   5. O2 will use its reasonable endeavours to check the McAfee security settings and recommend any changes it believes to be necessary.
   6. The PCS Service applies only to PCs operating Windows XP/Windows Vista 32 bit. It does not apply to PCs operating other operating systems including but not limited to Apple Mac and Unix derivatives e.g. Linux, or non-Microsoft Windows based systems ("Other Operating Systems").
   7. If the Customer utilises Other Operating Systems, O2 shall have no obligation to provide the PCS Service to the Customer.
   8. If O2 makes any recommendations in respect of Other Operating Systems, or Customer Infrastructure the Customer agrees that:
      1. such recommendations are provided outside of the PCS Service and that O2 has no liability for any actions by the Customer as a result of those recommendations; and
      2. the Customer is responsible for seeking independent advice from qualified sources.
   9. The PCS Service is available only at the single location ("the Site") where the Customer connects to the Services.
   10. The PCS Service covers only those elements of the Services which relate to provision of the broadband connection to your O2 Wireless Box and in respect of a normal (as per the specification of the O2 Wireless Box) WiFi signal being emitted from the O2 Wireless Box. Except as otherwise expressly specified, the PCS Service does not cover problems relating to Customer Infrastructure, its configuration (including but not limited to any networking e.g. LAN set up) or the topography and physical structures of the Site.
   11. The Services will be deemed to be working when the following conditions on the O2 Wireless Box are met:
       1. Green power light is on;
       2. Solid green DSL light is on;
       3. Green internet light is on;
       4. WLAN light is on (either red for no encryption, amber for WEP encryption or green for WPA);
       5. USB and Voice lights off; and
       6. on the rear of the O2 Wireless Box there are 4 lights which correspond to the 4 Ethernet ports. Where the Customer connects a PC to the O2 Wireless Box via a cable, the light which corresponds to the port where the cable is plugged in is on.
   12. The PCS Service is only available during Working Hours, on Business Days as specified in the PCS Service Description.
   13. The Customer agrees that O2 shall have no liability with respect to any work necessary for the Customer to undertake, or any costs associated with or arising from the replacement or resetting of the O2 Wireless Box.
   14. The PCS Service excludes any work necessary to restore the Services arising from the following:
       1. failure or fluctuation of, or work in relation to, electric power, air conditioning, humidity control or other environmental conditions; or
       2. accidental damage, improper use or operation or neglect of the Services or Equipment by the Customer or its contractors or agents; or
       3. any fault in Customer Infrastructure; or
       4. any attempt by any person not authorised to do so other than O2's personnel (or personnel approved by O2) to adjust, repair or maintain the Equipment; or
       5. use of any part of the Equipment for a purpose or in a manner for which it was not designed or other than in the ordinary course of reasonable business practice; or
       6. the failure of the Customer to implement manufacturers' or O2 recommendations in respect of or solutions to faults previously advised by the Customer; or
       7. damage caused by operator error or omission.
   15. The PCS Service shall not include:
       1. repair of a malfunction due to electromagnetic or particle radiation in the environment of the O2 Wireless Box; or
       2. restoration of Customer data or user data or responsibility for users data; or
       3. the repair of consumable items; or
       4. the recovery or reconstruction of any data or programs lost or spoiled except to the extent that this is due to the fault of O2 or its contractors or agents, in which case only such work as is required to recover or restore the data from the last Customer back-up of the affected data; or
       5. unless otherwise expressly stated in this Agreement, maintenance or support of any Other Operating System or software applications or any Customer Infrastructure; or
       6. services in respect of any equipment which has not been provided by O2; or, in respect of Equipment not at the location where Customer connects to the Services; or, outside the relevant hours of normal service operation.
   16. The PCS Service is provided only in the United Kingdom.
3. Customer Obligations
   1. You must promptly carry out all actions reasonably requested of you by O2. Failure to do so may result in the PCS Service being withdrawn and no further call outs being provided.
   2. O2 will not tolerate any form of aggressive or unreasonable behaviour, or abuse, towards staff involved in providing the Services or the PCS Service. O2 reserves the right to immediately withdraw the Services and/or the PCS Service if in O2's discretion your behaviour is unacceptable.
   3. You agree to permit, or arrange any necessary consents from any other persons who control access to the Site to permit, O2 staff, or staff acting on O2's behalf, with access to the Site at the agreed time for your call out. O2 reserves the right to charge you, and you agree to pay, the cost for a visit to the Site where:
      1. the O2 representative is unable to gain access to the Site or the affected equipment at the Site for the service call during the allotted call out time and you have failed to cancel the appointment in accordance with the timescale set out in the PCS Service Description; or
      2. the Wireless Box has been damaged due to the acts or omissions of the Customer, including but not limited to misuse or abuse or any of the matters described in clauses 2.14.1, 2.14.2, 2.14.4, 2.14.5, 2.14.6, 2.14.7 and 2.15.1 of the PCS Terms.
   4. The Customer agrees to take back ups of all information stored on its PCs, servers and any other equipment, which information may be affected in any way by the actions of O2 in respect of the provision of the PCS Service, including but not limited to actions such as resetting or replacing the O2 Wireless Box and potential impact on the Customer's router configurations.

Appendix 1

PCS Service Description

1. What is O2 Home Broadband Prioritised Customer Service (PCS)?

   Our Prioritised Customer Service ("PCS") is included as part of the Services provided in respect of certain packages of the O2 Home Broadband service. It is an extension of our telephone based 24/7 O2 Home Broadband Customer Service support team.

   In the unlikely event we can't resolve your technical issues remotely by phone, PCS provides you with an engineer who will call on you at your Site at a time to suit you.

2. How much does the PCS service cost?

   PCS is included in your monthly subscription Charges for the certain O2 Home Broadband packages (subject to any additional Charges set out in paragraph 3 below)

3. When might I be charged for PCS Services?

   In certain circumstances we reserve the right to charge you for this service (Clause 3.3 of the PCS Terms).

   If you cannot make the appointed time at which an engineer has been scheduled to call at the Site and fail to contact us by calling our PCS team on 08705 134919 at least 2 Working Hours prior to the appointed time, then we reserve the right to charge you a call out charge of £125 (ex VAT).

   If we arrive at the Site and we find the O2 Wireless Box has been subject to damage due to misuse or abuse we reserve the right to charge you a call out charge of £125 (ex VAT) (Clause 3.3 of the ESS Terms).

   In addition we may also charge you £42.50 (ex VAT) for the damage to the O2 Wireless Box (Clause 3.2 of the O2 Broadband Services - Standard Terms and Conditions for Consumer Customers and Business Customers relates).

December 2008

The following terms (the “Core Terms”) apply to both Consumer Customers and Business Customers, except to the extent that these terms are varied for Business Customers as detailed in Annex 1 – Business Customer Terms, which Annex shall take precedence over the Core Terms.

In these terms: the expression:

“Business Customer“ means a customer who connects to the Service for business use; and “Consumer Customer“ means a customer who connects to the Service for their own personal private use and not for business use; and “Customer” shall mean a Business Customer or a Consumer Customer as applicable.

These terms and conditions, the Fair and Acceptable Usage Policy, any applicable Charges, the O2 Privacy Policy, the O2 Consumer Code of Conduct and any other terms specified by us, as amended from time to time (together the “Terms”) set out the basis on which Telefónica O2 UK Limited (Company no. 1743099) of 260 Bath Road, Slough, Berkshire SL1 4DX (“O2, we, us, our”) will provide goods and services to the customer with whom we make this agreement or a person who we reasonably believe is acting with the customer’s authority (“You, your”).

“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.

“Services” includes our broadband internet connection and access, Equipment lease services, IP address services, maintenance and support services, and such other services as are agreed in your order or as we may agree to provide you from time to time.

1 What is the effect of the terms and conditions?

1.1. You agree to be bound by the terms by ticking the box next to ‘I accept the Terms and Conditions’ on our website; by your use of the Services or by allowing others to use the Services. You must ensure that any others using the Services via your account also comply with the Terms.

1.2. If you are a consumer customer, the Terms set out the express terms on which we agree to provide the Services but nothing in the Terms will affect your statutory rights.

2 How do you order our Services?

2.1. To order our Services you must:

2.1.1 be over 18;

2.1.2 be a resident of the UK;

2.1.3 if your Contract Date is before 5 March 2008, be the account holder or have the permission of the account holder of a UK credit or debit card (with a UK billing address) with sufficient credit or funds to pay the Charges. We do not accept American Express of Diners Club;

2.1.4 if your Contract Date is on or after 5 March 2008, pay the Charges by Direct Debit. Accordingly, you must be the account holder of a UK bank account (with a UK account address) with sufficient funds and the requisite authority to pay the Charges using Direct Debit;

2.1.5 provide the following information:

(a) a valid UK mobile phone number;

(b) a current email address;

(c) a clear and operational landline number (except if provided by Talk Talk, Bulldog, Kingston Communications or the landline is a cable landline);

(d) the Migration Authorisation Code (“MAC”) key if another Internet Service Provider is already providing you with a broadband service and you are switching to us;

(e) a delivery address for the delivery of the Equipment;

(f) the installation address for the connection of the Services;

(g) your Direct Debit details to pay the Charges, with the account name and a UK billing address. If your Contract Date is before 5 March 2008 you may continue to pay by alternate means of credit or debit card or may transfer to Direct Debit; and

(h) your credit or debit card details in order that we may complete a security check. Please note that, as set out above, these cannot be used for payment for the Services if your Contract Date is on or after 5 March 2008.

2.2. The Services account holder must also be the Direct Debit account holder. You therefore warrant that you are a resident at the installation address and the owner of the account used for the Direct Debit. If you are not the landline account holder, you also warrant that you have the permission of the landline account holder to contract for the Services. You are responsible for any use of the Services via your account and the payment of all Charges.

2.3. You agree that we, or third parties acting on our behalf, may carry out credit checks using the information that you provide.

2.4. By placing your order you are making an offer to enter into a contract with us for the purchase of the relevant Service from us under the Terms. We will contact you if we accept your offer. We may exercise our discretion to refuse to provide any part of the Services to you.

2.5. You need to sign up for an O2 online account on o2.co.uk with a user name and password at the time of placing your order. If you have an existing o2.co.uk account, you may also be required to sign up to and maintain a new account in order to place an order for the Services. You will need to accept the terms and conditions of use of the O2 online account when you sign up for the account. If you are an existing O2 customer you may not be able to use your existing O2 online account. You will be advised of this at the time of signing up for the Services.

3 What equipment do we provide?

3.1. After accepting your order, we will send you the O2 Broadband Pack, including a wireless modem, cables and filter(s) and the set up CD (together the “Equipment”) to your delivery address. The Equipment remains our property and you must take good care of the Equipment while it is leased to you for as long as you continue to receive the Services.

3.2. If your modem is faulty, you must notify us immediately and we will repair or replace it at no cost, providing the fault is not caused by your abuse or negligence. If the fault is caused by your abuse or negligence:

(a) we may charge you the reasonable costs of any repair or replacement; and

(b) you will not be credited for Charges incurred during the period in which the modem is not operational.

3.3. You are only permitted to use the Equipment to connect to our network, or a network approved by us. We cannot support any other equipment used to connect to the Services.

3.4. In order to connect to the Services, we may require you to install certain software on your computer. If you do not install this software, we may not be able to resolve any installation or connection problems you may experience and we are not responsible to you in relation to any matter that arises as a result of your failure to do so.

3.5. Certain elements of the Services are dependent on you having suitable infrastructure available and/or using the correct Software and/or Equipment. In the event that you are unable to provide suitable infrastructure, or fail to use the correct Software and Equipment, then some of the Services may not function correctly, or be able to be supplied to you (“the Affected Services”) and O2 shall have no liability for your inability to receive the Affected Services.

3.6. Upon termination of your contract, you must return the Equipment in the prepaid returns envelope provided to you and take it to the post office. We must receive the Equipment within thirty (30) days of the termination date. If we do not receive the Equipment within that timeframe your payment card will be charged or your bank account will debited a fee of £50. If you keep any Equipment after we stop providing Services, it is supplied to you ‘as is’, without warranty and we are not able to support it.

3.7. All Equipment, content, software or other copyright material we supply to you is for your own use, and you must not copy, change or publish the material or supply it to any other person for any business purposes. Similarly the Service is for the Customer’s use and the Customer shall not resell the Service.

4 Will you get a static IP address?

You will receive a dynamic IP address unless you choose to pay monthly in advance for the static IP option. If you have a static IP address, the IP address will be re-assigned to us or to another customer if your Services are disconnected or terminated for any reason.

5 How do you get connected?

5.1. You must have a computer with a minimum specification (Windows XP or Windows Vista). You can view these in online help at o2.co.uk/help/broadband

5.2. You agree to provide any reasonable co-operation and assistance that may be required to get you connected.

5.3. When connecting your landline to the Services, there may be a temporary loss of telephone services or other telecommunications services. We will try to keep this disruption to a minimum but will not be responsible for any resulting damage, loss or costs caused.

5.4. The actual speed of your broadband connection under your package will depend on your line (for example, the distance of your premises from the BT exchange, the quality of your copper line, and environmental line noise will all impact your actual speeds), so we cannot guarantee that your connection will reach any specific speeds.

5.5. While you’re connected to our network, you’ll need to remain with the landline provider with which you originally took up the Services. If you change your landline provider, or your landline is disconnected or suspended for any reason you may not be able to continue receiving our Services, and the termination provisions in clause 7 will apply.

6 Termination before Services connection

6.1. Your contract for the purchase of the Services begins on the day we dispatch the Equipment to you (“Contract Date”). On the Contract Date, we will charge you a one-off connection fee of £15, a pro-rated amount of the Recurring Charges until the end of the month (if relevant) and the next month’s Recurring Charges in advance.

6.2. We may terminate your contract after the Contract Date but before the Services are connected if we’re not able to provide the Services to your premises for any reason (other than as a result of your own act or omission). Any Charges you have paid will be refunded to you as a credit to the payment card or your bank account.

6.3. In the unlikely event that we send you an email confirming a connection date, but do not actually connect your Service for more than one (1) month after this confirmed connection date (other than as a result of your own act or omission), you are entitled to terminate your contract with us by sending a cancellation notice in writing, notwithstanding clause 7.4. Any Charges you have paid will be refunded to you as a credit to the payment card or your bank account.

7 What is the contract period and how does it end?

7.1. Your contract starts on the Contract Date, and the Services start on the date that you have both received the Equipment and BT confirms that your Services are connected to your local BT exchange. The Services connection date (the “Services Connection Date”) will be notified to you via your nominated email address and mobile phone number.

7.2. The minimum term of your contract is twelve (12) months from the Services Connection Date (the “Minimum Term”). After this Minimum Term you will continue to receive the Services until either you or we end your contract in accordance with this clause 7.

7.3. You may terminate your contract within the first fourteen (14) days after the Services Connection Date (the “Cooling Off Period”) by giving

us written notice, to be received by us no later than the 14th day after the Services Connection Date. You will receive a refund of all connection and subscription Charges incurred by you during the Cooling Off Period. If you terminate your contract during the Cooling Off Period, you may not be able to request the Services at the same installation address for six (6) months after the end of the Cooling Off Period.

7.4. After the Cooling Off Period, you may terminate your contract:

(a) by sending us thirty (30) days’ notice in writing via the O2 Broadband customer service email address given on the Contact Us page of o2.co.uk/help/broadband or to the postal address: O2 Broadband Customer Service, Skypark 4, 8 Elliott Place, Glasgow, G3 8EP.

You must pay all Charges incurred during the thirty (30) days. If termination is effective within the Minimum Term, you will also pay a £50 early cancellation charge; or

(b) by paying an express cancellation fee of £15 and all Charges that would have been incurred during the usual thirty (30) day notice period. If termination is effective within the Minimum Term, you will also have to pay a £50 early cancellation charge. Service will be terminated usually within four (4) days after receipt of your express cancellation notice in writing; or

(c) if we increase the Charges or change the Terms to your significant disadvantage, (other than where such increases in Charges or change to the Terms arise as a consequence of a change in prices, tariffs, terms or otherwise made or requested by third party manufacturers or suppliers, or a regulatory body), by giving us thirty (30) days’ written notice within thirty (30) days of us informing you of the changes.

You must pay all Charges incurred during the thirty (30) days’ notice period. However, if termination is effective within the Minimum Term, you will not be charged a £50 early cancellation charge.

7.5. We may terminate your contract or suspend all or part of the Services if:

(a) we have not been able to take payment, by the due date, of any money you owe us;

(b) we reasonably believe that you or others (whether under your control or not) are misusing the Services (see our ‘Fair and Acceptable Usage Policy’);

(c) you otherwise breach the Terms;

(d) you are persistently abusive or make threats or otherwise act illegally towards our staff or our property;

(e) you allow anything to be done which in O2’s reasonable opinion may have the effect of jeopardising the operation of the Services, or the Services are being used in a manner prejudicial to the interest of the Customer, other customers and/or O2; or

(f) we are no longer able to provide you with the Services.

7.6. Either you or we may terminate your contract by giving thirty (30) days’ written notice to the other if:

(a) there has been a material breach of the Terms or any other agreement between us by the other party (and this isn’t remedied within thirty (30) days of a written notice notifying the breach);

(b) an event, outside O2’s reasonable control, prevents us from providing the   Services for more than thirty (30) days; or

(c) the other is unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986); or becomes insolvent or bankrupt; or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); or makes an application to a court of competent jurisdiction for protection from its creditors generally; or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; or enters into or proposes any composition or arrangement with its creditors generally; or is subject to any analogous event or proceeding in any applicable jurisdiction.

7.7. Your request for a MAC key is not deemed to be your notice of termination. However, if the MAC key is used by another broadband provider and if you do not provide notice under clause 7.4, the date that the MAC key was used will be taken to be the date that we received your notice of termination under clause 7.4(a).

7.8. If we suspend your Services pursuant to clauses 7.5(a), 7.5(b), 7.5(c) or 7.5(d), then you will be liable for the Charges during such suspension. If we suspend your Services for any other reason, you will not be liable for the Charges during such suspension.

7.9. If we terminate your Services pursuant to clauses 7.5(a), 7.5(b), 7.5(c), 7.5(d) or 7.6(a), then we will be entitled to charge you for the Charges which would have been payable to us as if you had terminated in accordance with clause 7.4(a).

7.10. If you terminate the Services pursuant to clause 7.6(b), all recurring Charges for the period of downtime will be refunded as a credit to the payment card or your bank account.

7.11. If your landline is disconnected for any reason or we agree to provide you with the Services again after terminating your Services, we may charge you a reconnection fee of £15.

8 What are our payment terms and charges?

8.1. You are responsible for paying the fees as laid out on the website o2.co.uk (which are subject to change), VAT, and any other tax liabilities that apply to the Services, and costs incurred in collecting late payments from you (the “Charges”). You are responsible for the Charges whether incurred by you or anyone else using your account (with or without your knowledge). If your Charges include a discount (for example, for O2 mobile customers) then this is limited to one discount per person and one discount per broadband connection.

8.2. The Charges are payable from the Services Connection Date. Recurring Charges will be collected in advance (calculated pro rata if incurred for periods of less than a month), while one-off fees will be collected in arrears.

8.3. We do not charge you for calling customer service if you call from a landline or an O2 mobile (call charges may be incurred from other networks).

8.4. If you are paying by a payment card (applicable to customers who signed up before 5 March 2008 and are paying by payment card), then you authorise the payment card company to disclose to us and, under strict obligations of confidentiality, to our subcontractors and 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.

8.5. If you are paying by Direct Debit you will be required to provide your Direct Debit details (bank account number, sort code, name of bank, name of account holder). You authorise your bank to disclose to us, and under strict obligations of confidentiality, to our subcontractors and agents, details about your bank account in so far as is necessary in connection with your agreement with us and to inform us if your Direct Debit Authority is terminated at any time. If a Direct Debit payment fails, you must immediately arrange for the Charges to be paid by other means and we may also contact you to take payment. You may also be liable to pay interest under clause 8.7. If we cannot contact you after a failed Direct Debit payment, we may suspend or terminate the Services and this Agreement under clause 7.5(a) without further notice.

8.6. All invoices will be issued and stored in your O2 online account and will specify the date on which each payment is due. We will notify you at your nominated email address or mobile phone number when: 4

(a) a new invoice has been issued. You are responsible for viewing and taking copies of these invoices; and

(b) a payment has been taken from your nominated Direct Debit account, or (as applicable to customers who signed up before 5 March 2008) credit or debit card.

8.7. Interest may be charged by us if you do not pay us in full by the due date. We may charge you interest on any overdue payments from the date you should have paid until we receive full payment of the amount you owe, including full interest (whether before or after judgement) at the rate of 2.5 per cent per annum above the base rate of HSBC plc as set from time to time.

8.8. All amounts due to us shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.

8.9. The Charges are exclusive of Value Added Tax which will be charged at the prevailing rate.

9 Switching your broadband package

9.1. You may switch your broadband package to another O2 broadband package no more than once a month by notifying us via your O2 online account or contacting customer service. You can only switch to a package supported by your landline. If you switch your package the actual speed may differ.

9.2. Any change to your package may take up to five (5) working days before it is activated and you will be charged at your new package price from the date of activation in the next billing cycle.

10 Service speed and interruptions

10.1. The actual speed of your broadband connection under your package will depend on your line (for example, the distance of your premises from the BT exchange, the quality of your copper line, the quality of the wiring within the premises, and environmental line noise will all impact your actual speeds), so we cannot guarantee that your connection will reach any specific speeds.

10.2. We do not warrant that the Services will be available at all times and fault-free. We may need to make changes to our network or the technical specification of a Service or may need to suspend provision of the Services for operational or technical reasons. We will use all reasonable endeavours to notify you in advance of such changes or suspension if it materially affects your Services.

10.3. If you experience a total loss of Service directly caused by us (except where you have requested that the Services are moved to a new premises in accordance with clause 11) for more than five (5) consecutive days, you’ll be compensated for each day’s disruption (including the first five (5) days) by a credit towards your recurring charges for those days. In order to receive this credit, you will need to notify us as soon as the Service failure occurs and request the appropriate credit by contacting customer service when your Service is restored. The credit will be shown on your next, or subsequent invoice depending upon where within the billing cycle the credit is requested.

11 What happens if you move?

11.1. If your new premises are in an area that’s covered by the Services, the Services can be moved to your new premises, provided you give us written notice, to be received by us at least seven (7) days before the expected moving date. There will be some downtime between disconnection from your old premises and reconnection at your new premises and you will not be refunded any Charges for that period of downtime unless you terminate your the Services pursuant to clause 7.6(b).

11.2. We will only move the Services to another premises for free once in any 12-month period. Additional moves will incur a charge of £50 per move.

11.3. If your broadband package is not available at the new address you will be automatically moved to another available package which is provided at the same price or the next lowest price.

11.4. If we are unable to provide Services to your new premises, then the cancellation terms in clause 7 will apply.

12 What are your obligations?

You agree that you and other people using the Services via your account will comply with the Terms, including that you will:

(a) keep your security information confidential and secure, and not make them available to unauthorised people. You must tell us immediately if you become aware of any improper disclosure of your security information or unauthorised use of the Services through your account;

(b) provide the required information to us (especially during the ordering process) and ensure that this information is always valid, up to date and accurate;

(c) ensure that your equipment and software complies with all applicable laws and standards and that you have any necessary licences before you use it to connect to our network and ensure that your equipment and software is compatible with our Equipment;

(d) indemnify us against all losses, liabilities, costs (including legal costs) and expenses which we may incur as a result of any third-party claims against us arising from, or in connection with your misuse of the Services or breach of the Terms;

(e) take whatever steps you consider necessary to back up and protect any data on your IT systems, including taking additional measures over and above any measures included within the Equipment to protect your IT systems from viruses, trojans, malware and other threats to your infrastructure;

(f) provide sufficient socket outlets as required in a safe condition without damage, at convenient and easily accessible points. Where the use of an extension lead is unavoidable the extension plug will have a correctly-rated fuse for the equipment to be used, have capacity to prevent overloading and the lead should be positioned carefully to prevent any risk of damage to the cable or present a tripping hazard. A multi-way adaptor should not be used; and

(g) ensure that all Equipment is used in accordance with any instructions issued by O2 or the manufacturer including ensuring that the Equipment is used only in situations where appropriate environmental conditions exist.

13 Limitations and exclusions of liability

13.1. Nothing in the Terms shall restrict or exclude either party’s liability for fraud or for death or personal injury caused by it or its employees’ or agents’ negligence, nor for any other liability which cannot by law be excluded or limited.

13.2. Except as expressly set out in the Terms, we are not liable to pay damages for use of the Services or any losses caused by failures, errors, delays or interruptions relating to the Services, including as a result of any failure to supply the Services because we are prevented by events outside our reasonable control.

13.3. We are not liable to pay damages if anyone else, other than you or us with your permission:

(a) gains access to your connection to the Services, your computer and other related equipment; or

(b) gains access to, destroys or distorts any data or information held by you or about you by us.

13.4. We are not responsible for any goods or services supplied in a separate agreement with another supplier, even if access to these goods or services is through our network.

13.5. Except as set out in clause 12 and this clause 13 and except for the requirements for you to pay all Charges owing to us under this contract, and subject to Clause 13.6, each party’s aggregate liability to the other party with respect to this contract for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall not exceed 100% of the Charges due in that calendar year.

13.6. Neither of us will be liable to the other for any economic loss including, without limitation, any loss of profits, anticipated savings, business, contracts, revenue, time or goodwill or loss of data whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise or the cost of procuring substitute goods or services, provided that doesn’t include:

(a) Charges payable; or

(b) claims for any damage to your tangible property, caused by the negligence or otherwise by any act or omission of ours, our employees, agents or subcontractors, whilst on your premises

13.7. You shall at all times be under a duty to mitigate any losses suffered by you.

13.8. The Customer recognises that the Services may be dependent upon End-User Licensed Software and if the Customer does not accept the licence terms relating to any End-User Licensed Software, O2 shall have no liability whatsoever for any failure to provide the Services to the Customer where the Services depend on the use of End-User Licensed Software.

13.9. Where the Customer accepts the terms of a licence in respect of any End-User Licensed Software, then those licence terms shall take precedence over any terms within this Agreement relating to End-User Licensed Software and shall exclusively comprise the Customer’s sole rights and remedies in respect of such End-User Licensed Software.

14 Is there anything else?

14.1. We will use your mobile phone number and email address to contact you for all purposes under the Terms, including to provide any marketing material related to the Services. You may, at any time, change your mind about receiving information from us or other companies in the future by notifying us in accordance with the O2 Privacy Policy

14.2. 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, PO Box 116, Leeds, LS11 5DS. Please include your Mobile Phone number and Broadband account reference in any correspondence. If you are a Consumer Customer, or a Business Customer with ten (10) or fewer employees, and we do not resolve your complaint you may contact the Telecommunications Ombudsman. You can find their details at www.otelo.org.uk. However Otelo will only deal with your complaint if it remains unresolved after twelve (12) weeks or a deadlock situation has been reached.

14.3. From time to time, we may (without notice to you) review, record or check your use of the Services where we are required to do so to ensure compliance with any laws or regulations or where ordered to do so by any court or other body or authority with the power to require such monitoring and for our own internal purposes to ensure compliance with the Terms.

14.4. We may assign your contract or any Service we provide to you to a third party. You may not assign this contract or the benefit of any Service we provide to you.

14.5. Any failure or delay by us in exercising or enforcing any rights or benefits granted by the Terms will not be deemed to be a waiver of any such right or benefit nor will it prevent us from exercising or enforcing any such right or benefit or any other right or benefit on any other occasion.

14.6. Each provision of the Terms is to be construed as a separate provision applying and surviving even if one or more of the other provisions of this clause is held inapplicable or unreasonable.

14.7. The Terms do not create any rights for, or enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.

14.8. The Terms shall be governed and construed in accordance with English law and you and we submit to the non-exclusive jurisdiction of the English courts.

14.9. The Terms set out the entire agreement between you and us relating to the provision of the Services to you including all intended rights and obligations and supersede any and all previous agreements and understandings between you and us with respect to such provision. If you are a business customer, you further agree that neither you or we:

(a) relied on any statement you or we made to each other before entering into this contract; and

(b) waive any remedy which would otherwise be available in respect of any untrue statement (unless made fraudulently) before this contract was in force.

14.10. We may change the Terms, including the Charges, at any time. If we increase the Charges for elements of the Services you are using or change the Terms to your significant disadvantage, we will give you thirty (30) days’ notice in writing before the change takes place. For changes that we need to make to meet legal and regulatory requirements we may not be able to give you thirty (30) days’ notice, in which case we will notify you as soon as we can. Changes will be posted on o2.co.uk or we may give you notice in writing, by text (SMS) to your nominated mobile phone number and/orby email where you have supplied your email address to us for this purpose.

14.11. Notices. Any notice or other communication required or permitted under this Agreement shall be given in writing to the following address:

(a) in the case of notices served on O2 to O2 Broadband Customer Service, to Skypark 4, 8 Elliott Place, Glasgow, G3 8EP, or such other address as is specified elsewhere in this Agreement; and

6

(b) in the case of notices served on the Customer, to the Customer at either the address at which you specified the Service is to be provided, or your Billing Address, or such other address as is specified elsewhere in this Agreement; or

(c) such other address as either party shall give notice to the other party from time to time.

Notices will be deemed to have been given or made: when delivered personally; or, if properly addressed and posted by first class mail in the United Kingdom within two (2) business days of posting; or, if sent by facsimile upon being sent; or, if sent by email or other electronic means upon such communication being acknowledged as having been received.

Annex 1 – Business Customer Terms applicable to Business Customers only

The definition of “Terms” shall not include the O2 Consumer Code of Conduct.

Clause 1.2 of the Core Terms shall not apply and shall be replaced with the following clause: “The Terms set out the express terms on which we agree to provide the Services.”

Clause 2.2 of the Core Terms shall not apply and shall be replaced with the following clause: “You warrant that your business is operated from the installation address. You also warrant that you are the landline account holder, or have the permission of the landline account holder to contract for the Services. You are responsible for any use of the Services via your account and the payment of all Charges.”

Clause 3.1 of the Core Terms shall not apply and shall be replaced with the following clause: “After accepting your order, we will send you the O2 Business Broadband Pack, including a wireless modem, cables and filter(s) and the set up CD (together the “Equipment”) to your delivery address. The Equipment remains our property and you must take good care of the Equipment while it is leased to you for as long as you continue to receive the Services.”

Clause 4 of the Core Terms shall not apply and shall be replaced with the following clause: “You will receive a dynamic IP address unless you choose the static IP option. If you have a static IP address, that IP address will be re-assigned to us or to another customer if your Services are disconnected or terminated for any reason.”

Clause 8.4 of the Core Terms shall not apply and shall be deleted.

Add a new Clause 10.4 to the Core Terms as follows: “As a Business Customer, you agree that any credit to which you are entitled under clause 10.3 is an equitable remedy in respect of all loss or damage which you may suffer as a result of such loss of Service, and that it shall be your sole and exclusive remedy in respect of such loss of Service.”

Clause 13.5 of the Core Terms shall not apply and shall be replaced with the following clause: ”Except as set out in clause 12 and this clause 13 and except for the requirements for you to pay all Charges owing to us under this contract, and subject to Clause 13.6, each party’s aggregate liability to the other party with respect to this contract for any claims arising in any calendar year (whether in contract, tort, arising as a result of negligence or breach of statutory duty or otherwise) shall not exceed the greater of: (i) £50,000; or (ii) 100% of the Charges due in that calendar year.”

Add a new Clause 13.10 to the Core Terms as follows: “Subject to clause 13.1, 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.”

Clause 14.2 of the Core Terms shall not apply and shall be replaced with the following clause: “In the event of any queries or problems relating to your use of the Service, please contact the O2 customer service team via the contacts set out on our website at broadband.o2.co.uk/”

June 2008

o2.co.uk
Telefónica O2 UK Limited, 260 Bath Road, Slough, Berkshire SL1 4DX.
Registered in England and Wales No.1743099. Registered Office as above.
© Telefónica O2 UK Limited 2008.

Read this agreement carefully before opening or installing this software

This end user licence is for the following software:

1. O2 Broadband installer, which gets O2 Broadband up and running and on request installs McAfee Security for O2 Broadband on your computer.
2. O2 Broadband assistant, which checks for and fixes problems with your internet connection and O2 email; and
3. O2 Broadband remote help, which (if you give permission) enables an O2 Customer Service Advisor to take over your computer remotely to try and fix any problems

The Software includes all copies of the Software you are accessing, installing, using, downloading, copying, or otherwise benefiting from, and any updates, modified versions, upgrades, Updates (as defined below), additions, and copies of the Software, or documentation accessed, installed, used, downloaded, copied or benefited from by you in any format, including but not limited to, in the format of a temporary plug-in, and all technical documentation provided to you related to the Software (the "Documentation").

The Software contains certain computer programs, documentation, or other proprietary material that belong to Telefónica O2 UK Limited ("O2")or its suppliers and your use of the Software is subject to this legally binding software licence agreement between you the user and O2 ("Agreement").

If you do not agree to the terms and conditions of this Agreement, click the "Decline" button, and do not install or use the Software.

When you click on the "Accept" button or when you otherwise install or use any part of the Software, you are consenting to being bound by, and becoming a party to, this agreement which includes limitations on use; transferability, warranty, and liability.

If you do not accept the terms and conditions in this agreement, O2 does not authorise you to use or have any licence to any part of the Software. In addition, by installing, copying or otherwise using any updates to the Software that you receive ('Updates'), you agree to be bound by any additional licence terms that accompany such Updates. If you do not agree to the additional licence terms that accompany such Updates, you may not install, copy or use such Updates.

In the event you, or someone on your behalf, have executed a written agreement with O2 regarding the use of the Software, then your use of the Software is subject to such written agreement to the extent such written agreement differs from this agreement.

1 OWNERSHIP

The Software is licensed (not sold) to you; O2 or its suppliers own all copyright, trade secret, trademark, patent and other proprietary rights in the Software. Your licence confers no title to, or ownership in, the Software.

2 AUTHORISED USE

Unless otherwise specifically provided in writing by O2 (in which case such specified usage rights will apply), and subject to the terms of this Agreement, O2 grants to you a nonexclusive, non-transferable, non-sublicensable, limited licence to use the Software for your own personal use only.

3 RESTRICTIONS

Except as may be permitted by applicable law, you shall not (and shall not allow any third party to)

(a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Software by any means whatsoever;

(b) remove any product identification, copyright or other notices;

(c) provide, lease, lend, use for timesharing, service bureau or hosting purposes or otherwise use or allow others to use the Software to or for the benefit of third parties;

(d) modify or incorporate into or with other software or create a derivative work of any part of the Software;

(e) disseminate information or analysis (including, without limitation, benchmarks) regarding the quality or performance of the Software;

(f) use the output or other information generated by the Software (including, without limitation, output describing the structure of a software program) for any purpose other than use by the Software in accordance with this Agreement; or

(g) resell, sublicense, distribute, or transfer the Software or any component thereof to any third party. Notwithstanding anything else, O2 or its suppliers retain all title to, and, except as expressly licensed herein, all rights to the Software, all copies and derivatives thereof and all related documentation and materials. You must reproduce and include the copyright notice and other proprietary notices that appear on the original Software on any copies and any media thereof made in accordance with the terms of this Agreement. 

The O2 Broadband remote help software contains GNU-code that has been modified by O2's supplier, SupportSoft Inc., and is provided to you in object code form "as is", without any warranty whatsoever (to the maximum extent possible in relation to mandatory provisions of the applicable law).

The GNU General Public License Terms give you the right to receive a complete machine-readable copy of the source code for the GNU-code upon written request to the SupportSoft Inc no later than three (3) years after you have initially received the GNU-code in the Software and at no charge (other than the cost of physically performing the source code distribution). You have further the right to general use of the GNU-code, that is the right to copy, distribute and modify the GNU-code, on the terms and conditions stated in the GNU General Public License (please refer to http://www.gnu.org for more information).

4 WARRANTY

You acknowledge that the Software and Documentation are provided "as is" with all faults and without warranty of any kind. You agree that all risks pertaining to the use of the Software and Documentation are assumed by you. O2 and its suppliers make no representation or warranty of any kind whether express or implied (either in fact or by operation of law) with respect to the Software or other materials provided by O2. O2 and its suppliers expressly disclaim all implied warranties including warranties of non-infringement, merchantability or fitness for a particular purpose. O2 does not warrant that the Software is error-free or that operation of the Software will be secure or uninterrupted. O2 and its suppliers make no representation or warranty and have no liability whatsoever with regard to the functioning or operation of the Software with other equipment or software of yours, or any third party software. No oral or written information or advice given by O2 or its supplier or their employees or agents will create a warranty or in any way increase the scope of any warranty provided herein.

5 TERMINATION

This Agreement shall immediately terminate if you breach the Agreement or if you are no longer an O2 Broadband member. All provisions except Section 2 shall survive termination. Upon termination, you shall immediately cease all use of the Software and return or destroy all copies of the Software and all portions thereof. O2 reserves the right to pursue all other remedies for any breach of this Agreement whether or not this Agreement is terminated.

6 LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, under no circumstances will O2 or its suppliers be liable to you, or any other person or entity, for any error, omission, defect, deficiency or non-conformity in the Software or for any loss of use, revenue or profit, lost or damaged data, loss of confidential information, business interruption, loss of privacy, for failure to meet any duty including good faith or reasonable care, or other commercial or economic loss or for any indirect, incidental, cover, special, statutory, punitive, exemplary or consequential damages whatsoever related to your use or reliance upon the Software and documentation, even if advised of the possibility of such damages or if such damages are foreseeable.

Further, and notwithstanding anything in this agreement to the contrary, neither O2, or its suppliers, shall be liable or obligated to you with respect to any subject matter of this Agreement or under contract, breach of warranty, tort (including negligence), strict liability or any other legal or equitable theory for any amounts in excess of the greater of the annual aggregate of the fees paid to O2 by you for the O2 Broadband service. This limitation shall apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement. Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

7 GENERAL PROVISIONS

7.1 Governing Law and Jurisdiction. This Agreement shall be governed in all respects by the laws of England and Wales. Any dispute regarding this Agreement involving O2 or its suppliers shall be subject to the exclusive jurisdiction of the courts of England and Wales.

7.2 No Export. You will not remove or export from the United Kingdom all or any part of the Software or any direct product thereof, except in full compliance with any and all applicable export laws and regulations.

7.3 Privacy. The Software may contain features which may allow O2 to collect data from, control and/or monitor computers running the Software in order to fix problems with your O2 Broadband service. O2 shall only perform such activities with your consent and shall only be liable to you for any loss or damage arising directly through any negligence of O2 in performing such activities.

7.4 Compliance with Laws. You shall comply with all laws and regulations applicable to this Agreement or the transactions contemplated hereby.

7.5 Assignment. You may not assign this Agreement without the prior written consent of O2.

June 2008

The following terms and conditions relate only to your use of the Services.

O2’s fair and acceptable usage policy is designed to make sure the Services provided to you are great value, fast and reliable. The following list details all the uses of the Services that we consider unfair or unacceptable (‘Policy’). You must ensure that any use of the Services, by yourself or others via your account, complies with this Policy. If you or others using the Services via your account contravene this Policy, we may:

(a) give you a notice to stop the unacceptable use(s); or

(b) terminate or suspend your Services, with or without notice as we consider appropriate, under the standard terms and conditions for customers.

This Policy is in addition to O2’s standard broadband terms and conditions for Business and/or Consumer customers (the ‘Terms’) for the Services, and terms which are not defined in the Policy will have the meaning set out in the Terms. If there is any inconsistency between the Policy and the Terms, the Policy will prevail.

Please advise us if you become aware of any violation or suspected violation of this Policy by sending an email to customer.service@o2broadband.co.uk

1 What you must not do

You must not use the Services for:

(a) unlawful, fraudulent, criminal or otherwise illegal activities;

(b) sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;

(c) commercial purposes, unless:

(i) you are working from home as a sole trader in business on your own account; or,

(ii) you are a Business Customer and you use the service only in the ordinary course of your business; and provided that in either case, any such use of the Services is always subject to paragraph (j) below:

(d) sending or uploading unsolicited emails, advertising or promotional materials, offering to sell any goods or services, or conducting or forwarding surveys, contests or chain letters, except if you are working from home as a sole trader in business on your own account or you are a Business Customer and in either case you are permitted to send marketing communications in accordance with the Privacy and Electronic Communications Regulations 2003;

(e) knowingly or negligently creating, transmitting, storing, publishing or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, Trojans or any other similar software or program) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by us or any other Internet user or person;

(f) activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person;

(g) activities that are in breach of any other third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;

(h) anything that may disrupt or interfere with our network or Services or cause a host or the network to crash;

(i) launching ‘denial of service’ attacks; ‘mailbombing’ attacks; or ‘flooding’ attacks against a host or network;

(j) granting access to the Services to others not located at the premises at which the Services are connected, or, in any way reselling or re-providing the Services to third parties;

(k) making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large email attachments; or

(l) circumventing the user authentication or security process of a host or network.

2 What about security?

2.1 You are responsible for ensuring that security information remains confidential so that the network cannot be used by any unauthorised person.

2.2 The security information includes, but is not limited to, information controlling access to:

(a) any equipment, computer hardware systems or networks;

(b) any computer software or applications; or

(c) any other services accessed by you in the use of either of the above.

2.3 You shall not disclose any security information to any third party, or use the same for any purpose connected with the improper use of the network including accessing or attempting to access other parts of the services for which you do not have access rights.

2.4 You are responsible for taking all reasonable steps necessary to prevent a third party obtaining access to the network.

3 What about usage by kids, employees and others without you knowing?

3.1 You are responsible for all uses made of the Services through your account and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. You agree that we are not responsible for any of your activities in using the network.

3.2 It is your responsibility to determine whether any of the content accessed via the Services is appropriate for children or others in your household or office to view or use.

4 What about excessive network usage?

There is no limit on the monthly network usage. However if we feel that your activities are so excessive that other customers are detrimentally affected, we may give you a written warning (by email or otherwise). In extreme circumstances, if the levels of activity do not immediately decrease after the warning, we may terminate or suspend your Services.

o2.co.uk
Telefónica O2 (UK) Limited, 260 Bath Road, Slough, Berkshire SL1 4DX
Registered in England and Wales No.1743099. Registered Office as above.
© Telefónica O2 (UK) Limited 2008

1. The Business Broadband discount for O2 mobile customers terms are in addition to O2’s standard broadband terms and conditions for Business and/or Consumer customers (the “Terms”) for the Services, and terms which are not defined in these Business Broadband discount for O2 mobile customers terms will have the meaning set out in the Terms. If there is any inconsistency between the Business Broadband discount for O2 mobile customers terms and the Terms, the Business Broadband discount for O2 mobile customers terms will prevail 
2. The Business Broadband discount is available to eligible O2 Business and Consumer Pay Monthly customers (“O2 Mobile Customers”). If you are an O2 Mobile Customer when you sign up for Business Broadband, then the discount will be applied to your Business Broadband Package at the time of you signing up for Business Broadband, or, if you subsequently become an O2 Mobile Customer from the date you tell us you’ve become an O2 Mobile Customer.
3. Only one discounted Business Broadband connection is permitted per O2 Mobile Customer O2 reserves the right to withdraw or amend the O2 mobile discount at any time on reasonable notice.
4. If you’re an O2 Mobile Customer and your O2 Pay Monthly contract is terminated for any reason, you are no longer eligible for the Business Broadband discount and will automatically be charged the standard price for your O2 Business Broadband Package from the date of termination of your O2 Pay Monthly contract.
5. The Business Broadband discount for O2 Mobile Customers is available exclusively to customers procuring the O2 Business Broadband service from O2.

End User License Agreement

NOTICE TO ALL USERS: PLEASE READ THIS CONTRACT CAREFULLY.  BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.  IF YOU DO NOT AGREE, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS CONTRACT AND DO NOT INSTALL THE SOFTWARE. IF YOU PURCHASED THE SOFTWARE ON TANGIBLE MEDIA (e.g., CD) WITHOUT THE OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS CONTRACT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE TO THE LOCATION FROM WHICH IT WAS OBTAINED. 

Definitions.

1. “Software” means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media (including electronic media) with which this Agreement is provided or such contents as are hosted by McAfee or its distributors, resellers, OEM/MSP partners, or other business partners (collectively “Authorized Partner(s)”), including but not limited to (i) McAfee or third party computer information or software; (ii) related explanatory materials in printed, electronic, or online form (“Documentation”); and (b) upgrades, modified or subsequent versions and updates (collectively “Updates”), and Software, if any, licensed to you by McAfee or an Authorized Partner as part of a maintenance contract or service subscription.
2. “Use” or “Using” means to access, install, download, copy or otherwise benefit from using the Software.
3. “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by McAfee or an Authorized Partner.
4. “Computer” means a device that accepts information in digital or similar form and manipulates it for a specific result based upon a sequence of instructions.
5. “McAfee” means (a) McAfee, Inc., a Delaware corporation, with offices located at 3965 Freedom Circle, Santa Clara, California 95054 if the Software is purchased in the United States, Mexico, Central America, South America, or the Caribbean; (b) McAfee Ireland Limited, with offices located at 11 Eastgate Business Park, Little Island, Cork, Ireland if the Software is purchased in Canada, Europe, the Middle East, Africa, Asia, or the Pacific Rim; (c) McAfee do Brasil Comércio de Software Ltda., with offices located at Rua General Flausino Gomes 78, conj. 51, Sao Paulo, SP, Brazil if the Software is purchased in Brazil; and (d) McAfee Co., Ltd. with offices located at Shibuya Mark City West Building 12-1, Dogenzaka 1-Chrome, Shibuya-ku, Tokyo 150-0043, Japan if the Software is purchased in Japan; and (e) McAfee (Shanghai) Software Co. Ltd., with offices located at Room 601 AE-13, Bldg. 2, No. 351, Goushoujing Toad, Zhangliang High-tech Park, Pudong, Shanghai China if the Software is purchased in China. 

License Grant.

Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, McAfee hereby grants to you a non-exclusive, non-transferable license to Use the Software subject to any restrictions or usage terms specified on the applicable product packaging included as part of the Documentation.  Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in either a “Read Me” file or an “About” file in the Software.   

Term.

Unless earlier terminated as set forth herein, this Agreement is effective for the term set forth in the Documentation. If no term is agreed, the default term shall be one (1) year from purchase. If you have agreed to permit McAfee to automatically renew your subscription to the Software by charging a valid credit card number which you have provided to McAfee, your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than McAfee’s then-current price, excluding promotional and discount pricing.   You must provide current, complete, and accurate information for your billing account.  You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify McAfee if your credit card is canceled (for example, for loss or theft).  Changes to such information can be made at http://us.mcafee.com/root/login.asp.  If you fail to provide McAfee any of the foregoing information, you agree that McAfee may continue charging you for any subscription automatically renewed unless you inform McAfee’s customer support department. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of the Software and destroy all copies of the Software and the Documentation.

Updates.

This license is limited to the version of the Software delivered by McAfee and does not include Updates, unless a separate maintenance contract is purchased or, alternatively, you have purchased a service subscription that entitles you to Updates as described in the Documentation.  After the specified maintenance period or service subscription period has expired, you have no further right to receive any Updates without the purchase of a new maintenance contract or service subscription.

Ownership Rights.

The Software is protected by United States’ and other copyright laws, international treaty provisions and other applicable laws in the country in which it is being used.  McAfee and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or Use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. Any copy of the Software and Documentation authorized to be made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation.

Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Bundles/Updates

If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you receive the Software bundled with other software, the total number of your Computers on which all versions of the Software are installed may not exceed the Permitted Number. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your Computer after you receive the Update to assist you in the transition to the Update, provided that the Update and the previous version are installed on the same Computer; the previous version or copies thereof are not transferred to another Computer unless all copies of the Update are also transferred to such Computer, and you acknowledge that any obligation McAfee may have to support the previous version of the Software ends upon availability of the Update.

Restrictions.

You may not sell, lease, license, rent, loan, resell or otherwise transfer, with or without consideration, the Software.   You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 1 above. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement.  You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by McAfee.

Warranty and Disclaimer.

a. Limited Warranty. McAfee warrants (manufacturer warranty) that for sixty (60) days from the date of original purchase the Software will operate substantially in accordance with the Documentation and that the media (e.g., CD ROM), if any, on which the Software is contained and provided to you will be free from defects in materials and workmanship.

b. Customer Remedies. McAfee’s and its suppliers' entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at McAfee’s option, either (i) return of the purchase price paid for the license, if any, or (ii) replacement of the defective media in which the Software is contained. You must return the defective media to your place of purchase at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period.  Outside the United States, this remedy is not available to the extent McAfee is subject to restrictions under United States export control laws and regulations.

c. Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS" AND McAfee MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE.  EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.  McAfee, ITS SUPPLIERS, AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE.  YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, McAfee MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.

Limitation of Liability.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL McAfee, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR GROSS NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL McAfee, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR THE SOFTWARE, IF ANY, EVEN IF McAfee, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. Nothing contained in this Agreement limits McAfee’s liability to you for McAfee’s negligence or for the tort of fraud.   McAfee is acting on behalf of its suppliers and Authorized Partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.  The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

10. Notice to United States Government End Users.

The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

11. Export Controls.

You are advised that the Software is of United States origin and subject to the United States Export Administration Regulations; diversion contrary to United States law and regulation is prohibited.  You agree not to directly or indirectly export, import or transmit the Software to any country, end user or for any Use that is prohibited by applicable United States regulation or statute (including but not limited to those countries embargoed from time to time by the United States government).  You represent that neither the United States Bureau of Industry and Security nor any other governmental agency has issued sanctions against Customer or otherwise suspended, revoked or denied Customer's export privileges.  You agree not to Use or transfer the Software for any Use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specific written license. Additionally, You agree not to directly or indirectly export, import or transmit the Software contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or Use.  

12. High Risk Activities.

The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). McAfee expressly disclaims any express or implied warranty of fitness for High Risk Activities.

13. Governing Law. 

This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if you purchased the Software in the United States, Mexico, Central America, South America, or the Caribbean;  (b) in the Republic of Ireland, if you purchased the Software in Canada, Europe, Middle East, Africa, Asia, or the region commonly known as the Pacific Rim; (c) in Brazil if you purchased the Software in Brazil, (d) in Japan if you purchased the Software in Japan and (e) in China if you purchased the Software in China.  If you purchased the Software in any other country, then the substantive laws of the Republic of Ireland shall apply, unless another law is required to be applied. The United States District Court for the Northern District of California and the Superior Court of Santa Clara County, California, when California law applies, the courts of the Republic of Ireland, when the law of Ireland applies, the courts of Brazil when Brazilian law applies, the courts of Japan when Japanese law applies, and the courts of China when Chinese law applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement.  This Agreement will not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  If you are an individual consumer, this shall not affect any mandatory right you may have to take action in your country of residence and under the laws of that country.

14. Free Software.

This product includes or may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar Free Software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code.  The GPL requires that for any software covered under the GPL, which is distributed to someone in an executable binary format, that the source code also be made available to those users.  For any such software covered under the GPL, the source code is made available on this CD.  If any Free Software licenses require that McAfee provide rights to use, copy or modify a Free Software program that are broader than the rights granted in this agreement, then such rights shall take precedence over the rights and restrictions herein.

15. Privacy. 

By entering into this Agreement, you agree that McAfee may collect, retain and use your personal information, including your name, address, e-mail address, and payment details.  Your personal information will be used primarily to provide services and product functionality to you.  McAfee may also use your personal information for additional communication with you, subject to your decision not to accept such communication from McAfee and subject to applicable laws.  McAfee engages other companies and individuals (“subcontractors”) to perform functions on its behalf, such as payment processing, order fulfilment, marketing programs and customer service.  McAfee may share your information with such subcontractors in order to perform these and other functions, but such subcontractors may not use your personal information for other purposes, unless you agree.  By entering into this Agreement, you agree to the transfer of your personal information to McAfee’s offices in the United States, for the purposes stated above. For more detailed information on the collection, use and transfer of your personal information, and for information on how to opt out of or unsubscribe from the communications described above, please read the McAfee privacy policy on the McAfee web site (www.McAfee.com).

16. Audit for Volume Licenses.  

McAfee reserves the right to periodically audit you to ensure that you are not using any Software in violation of this Agreement.  During standard business hours and upon prior written notice, McAfee may visit you and you will make available to McAfee or its representatives any records pertaining to the Software.  The cost of any requested audit will be solely borne by McAfee, unless such audit discloses an underpayment or amount due to McAfee in excess of five percent (5%) of the initial license fee for the Software or you are using the Software in an unauthorized manner, in which case you shall pay for the cost of the audit.

17. Miscellaneous. 

This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications, representations or advertising relating to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of McAfee.  No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by McAfee.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

18. McAfee Customer Contact.

If you have any questions concerning these terms and conditions, or if you would like to contact McAfee for any other reason, please call (408) 988-3832, fax (408) 970-9727, or write: McAfee, Inc., Attention: Customer Service, 3965 Freedom Circle, Santa Clara, California 95054.  http://www.McAfee.com.  Alternatively, you may contact your local McAfee entity at the number listed at http://www.McAfee.com.

1 Introduction

1.1 These terms and conditions relating to the O2 Business Broadband Enhanced Support Service (“ESS Terms”) set out the basis on which Telefónica O2 UK Limited (Company no. 1743099) of 260 Bath Road, Slough, Berkshire SL1 4DX (“O2, we, us, our”) will provide support services to the customer with whom we make this agreement or a person who we reasonably believe is acting with the customer’s authority (“You, your”).

1.2 The ESS Terms are in addition to the O2 Broadband Services - Standard Terms and Conditions for Consumer Customers and Business Customers (“Terms”), and terms which are not defined in the ESS Terms will have the meaning set out in the Terms. If there is any inconsistency between the ESS Terms and the Terms, the ESS Terms will prevail.

1.3 “Customer Infrastructure” means any equipment owned or used by the Customer but not provided by O2 for the provision of the Services (and subsequently out of the scope for the ESS Service).

2 Scope of the ESS Service

2.1 The ESS Service means the service detailed in Appendix 1 (“the ESS Service Description”) and provided to Customers by O2 in respect of resolving faults in the Services.

2.2 The ESS Service is provided in addition to the telephony based helpdesk service which O2 provides in connection with the Services. The ESS Service will not be provided to you unless and until you have sought help from and complied with all instructions issued by the telephony based customer helpdesk service and O2 is satisfied that the Service is still not working – where “working” shall have the meaning set out in clause 2.10 of these ESS Terms.

2.3 The ESS Service may involve physical checks of the O2 wireless box (“O2 Wireless Box”) supplied by O2. If you use a modem/router supplied by someone other than O2, then O2 may not be able to complete the same number of checks as it can complete with respect to an O2 Wireless Box and O2 has no obligation to resolve problems relating to routers other than the O2 Wireless Box.

2.4 O2 will use its reasonable endeavours to check basic PC configuration information relating to email accounts set up for a maximum of 10 email accounts on 5 PCs.

2.5 O2 will use its reasonable endeavours to check the McAfee security settings and recommend any changes it believes to be necessary.

2.6 The ESS Service applies only to PCs operating Windows XP/Windows Vista 32 bit. It does not apply to PCs operating other operating systems including but not limited to Apple Mac and Unix derivatives e.g. Linux, or non-Microsoft Windows based systems (“Other Operating Systems”).

2.7 If the Customer utilises Other Operating Systems, O2 shall have no obligation to provide the ESS Service to the Customer.

2.8 If O2 makes any recommendations in respect of Other Operating Systems, or Customer Infrastructure the Customer agrees that:

2.8.1 such recommendations are provided outside of the ESS Service and that O2 has no liability for any actions by the Customer as a result of those recommendations; and

2.8.2 the Customer is responsible for seeking independent advice from qualified sources.

2.9 The ESS Service is available only at the single location (“the Site”) where the Customer connects to the Services.

2.10 The ESS Service covers only those elements of the Services which relate to provision of the broadband connection to your O2 Wireless Box and in respect of a normal (as per the specification of the O2 Wireless Box) WiFi signal being emitted from the O2 Wireless Box. Except as otherwise expressly specified, the ESS Service does not cover problems relating to Customer Infrastructure, its configuration (including but not limited to any networking e.g. LAN set up) or the topography and physical structures of the Site.

2.11 The Services will be deemed to be working when the following conditions on the O2 Wireless Box are met:

2.11.1 Green power light is on;

2.11.2 Solid green DSL light is on;

2.11.3 Green internet light is on;

2.11.4 WLAN light is on (either red for no encryption, amber for WEP encryption or green for WPA);

2.11.5 USB and Voice lights off; and

2.11.6 on the rear of the O2 Wireless Box there are 4 lights which correspond to the 4 Ethernet ports. Where the Customer connects a PC to the O2 Wireless Box via a cable, the light which corresponds to the port where the cable is plugged in is on.

2.12 The ESS Service is only available during Working Hours, on Business Days as specified in the ESS Service Description.

2.13 The Customer agrees that O2 shall have no liability with respect to any work necessary for the Customer to undertake, or any costs associated with or arising from the replacement or resetting of the O2 Wireless Box.

2.14 The ESS Service excludes any work necessary to restore the Services arising from the following:

2.14.1 failure or fluctuation of, or work in relation to, electric power, air conditioning, humidity control or other environmental conditions; or

2.14.2 accidental damage, improper use or operation or neglect of the Services or Equipment by the Customer or its contractors or agents; or

2.14.3 any fault in Customer Infrastructure; or

2.14.4 any attempt by any person not authorised to do so other than O2’s personnel (or personnel approved by O2) to adjust, repair or maintain the Equipment; or

2.14.5 use of any part of the Equipment for a purpose or in a manner for which it was not designed or other than in the ordinary course of reasonable business practice; or

2.14.6 the failure of the Customer to implement manufacturers’ or O2 recommendations in respect of or solutions to faults previously advised by the Customer; or

2.14.7 damage caused by operator error or omission.

2.15 The ESS Service shall not include:

2.15.1 repair of a malfunction due to electromagnetic or particle radiation in the environment of the O2 Wireless Box; or

2.15.2 restoration of Customer data or user data or responsibility for users data; or

2.15.3 the repair of consumable items; or

2.15.4 the recovery or reconstruction of any data or programs lost or spoiled except to the extent that this is due to the fault of O2 or its contractors or agents, in which case only such work as is required to recover or restore the data from the last Customer back-up of the affected data; or

2.15.5 unless otherwise expressly stated in this Agreement, maintenance or support of any Other Operating System or software applications or any Customer Infrastructure; or

2.15.6 services in respect of any equipment which has not been provided by O2; or, in respect of Equipment not at the location where Customer connects to the Services; or, outside the relevant hours of normal service operation.

2.16 The ESS Service is provided only in the United Kingdom.

3 Customer Obligations

3.1 You must promptly carry out all actions reasonably requested of you by O2. Failure to do so may result in the ESS Service being withdrawn and no further call outs being provided.

3.2 O2 will not tolerate any form of aggressive or unreasonable behaviour, or abuse, towards staff involved in providing the Services or the ESS Service. O2 reserves the right to immediately withdraw the Services and/or the ESS Service if in O2’s discretion your behaviour is unacceptable.

3.3 You agree to permit, or arrange any necessary consents from any other persons who control access to the Site to permit, O2 staff, or staff acting on O2’s behalf, with access to the Site at the agreed time for your call out. O2 reserves the right to charge you, and you agree to pay, the cost for a visit to the Site where:

3.3.1 the O2 representative is unable to gain access to the Site or the affected equipment at the Site for the service call during the allotted call out time and you have failed to cancel the appointment in accordance with the timescale set out in the ESS Service Description; or

3.3.2 the Wireless Box has been damaged due to the acts or omissions of the Customer, including but not limited to misuse or abuse or any of the matters described in clauses 2.14.1, 2.14.2, 2.14.4, 2.14.5, 2.14.6, 2.14.7 and 2.15.1 of the ESS Terms.

3.4 The Customer agrees to take back ups of all information stored on its PCs, servers and any other equipment, which information may be affected in any way by the actions of O2 in respect of the provision of the ESS Service, including but not limited to actions such as resetting or replacing the O2 Wireless Box and potential impact on the Customer’s router configurations.

June 2008

These promotional terms and conditions relating to the 50 day happiness guarantee (“Promotional Terms”) set out the basis on which Telefónica O2 UK Limited (Company no. 1743099) of 260 Bath Road, Slough, Berkshire SL1 4DX (“O2, we, us, our”) will provide goods and services to the customer with whom we make this agreement or a person who we reasonably believe is acting with the customer’s authority (“You, your”).

The Promotional Terms are in addition to O2’s standard mobile broadband terms and conditions (the “Terms”) for the Services, and terms which are not defined in the Promotional Terms will have the meaning set out in the Terms. If there is any inconsistency between the Promotional Terms and the Terms, the Promotional Terms will prevail.

1. The Promotional Terms will apply to new and eligible customers who sign up and accept the Services while this Promotion is running ("Promotional Period"). We reserve the right to withhold the promotion from any customer for any reason.
2. You may terminate your contract within the first 50 days after the date of purchase by giving us written notice no later than the 50th day after the date of purchase. For Pay Monthly, O2 will refund the USB modem cost if this was chargeable. Any additional charges including any subscription charges covering the period during which you have been connected, excess data usage and any charges relating to text and/or roaming will not be refunded and are excluded from the promotion. For Pay & Go, O2 will refund the USB modem cost. Any additional charges including any Access charges and any charges relating to text and/or roaming will not be refunded and are excluded from the promotion.
3. Upon termination of your contract, you must return the USB modem in person or in the prepaid returns envelope provided to you and take it to the post office. We must receive the USB modem within 30 days of the termination date. Any USB modem not received by us within that timeframe will be subject to a fee of £50. If you keep any USB modem after we stop providing Services, it is supplied to you 'as is', without warranty and we are not able to support it.
4. Any customer who has previously exercised their rights to terminate their contract under these Promotional Terms will not be eligible for the Promotion again with any future O2 Mobile Broadband purchase for a period of six months after the termination of their original contract under these Promotional Terms.
5. We reserve the right to change the Promotional Terms, including the end date of the Promotional Period, at any time, by notifying you on our website we have posted the changes on our website.
6. The happiness guarantee is available only from O2 directly and from selected indirect partners.

These promotional terms and conditions relating to the 30 day happiness guarantee ("Promotional Terms") set out the basis on which Telefónica O2 UK Limited (Company no. 1743099) of 260 Bath Road, Slough, Berkshire SL1 4DX ("O2, we, us, our") will provide goods and services to the customer with whom we make this agreement or a person who we reasonably believe is acting with the customer's authority ("You, your").

The Promotional Terms are in addition to O2's standard mobile broadband terms and conditions (the "Terms") for the Services, and terms which are not defined in the Promotional Terms will have the meaning set out in the Terms. If there is any inconsistency between the Promotional Terms and the Terms, the Promotional Terms will prevail.

1. The Promotional Terms will apply to new and eligible customers who sign up and accept the Services while this Promotion is running ("Promotional Period"). We reserve the right to withhold the promotion from any customer for any reason.
2. You may terminate your contract within the first 30 days after the date of purchase by giving us written notice no later than the 30th day after the date of purchase. For Pay Monthly, O2 will refund the USB modem cost if this was chargeable. Any additional charges including any subscription charges covering the period during which you have been connected, excess data usage and any charges relating to text and/or roaming will not be refunded and are excluded from the promotion. For Pay & Go, O2 will refund the USB modem cost. Any additional charges including any Access charges and any charges relating to text and/or roaming will not be refunded and are excluded from the promotion.
3. Before you are able to terminate your contract under these terms, you must return the USB modem and laptop (where applicable) in person or in the prepaid returns envelope provided to you and take it to the post office. We will only be able to process your request to terminate the contract after we have received the USB modem and laptop (where appropriate).
4. The 30 Day Happiness Guarantee does not include any computer hardware offered with O2 Mobile Broadband. For the avoidance of doubt, the normal O2 Repair and Returns policy will apply to any hardware offered by O2 in conjunction with O2 Mobile Broadband.
5. Any customer who has previously exercised their rights to terminate their contract under these Promotional Terms will not be eligible for the Promotion again with any future O2 Mobile Broadband purchase for a period of six months after the termination of their original contract under these Promotional Terms.
6. We reserve the right to change the Promotional Terms, including the end date of the Promotional Period, at any time, by notifying you on our website we have posted the changes on our website.
7. The happiness guarantee is available only from O2 directly and from selected indirect partners.

General

1. O2 Mobile Broadband allowance includes:
   1. A set amount of data via use of O2 UK's Edge/GPRS/3G/HSDPA networks; and
   2. unlimited Wi-Fi via The Cloud's UK Wireless LAN network, (subject to excessive usage policy) for personal internet use via your modem or data card. Applies to use in the UK only. All usage must be for your private, personal and non-commercial purposes.
2. You may not use your SIM Card:
   1. in, or connected to, any other device excluding modems/data cards;
   2. to allow the continuous streaming of any audio / video content, enable Voice over Internet (Voip), P2P or file sharing; or
   3. in such a way that adversely impacts the service to other O2 customers or Cloud customers.
   If O2 reasonably suspects you are not acting in accordance with this policy O2 reserves the right to impose network protection controls which may reduce your speed of transmission, remove O2 Mobile Broadband or Wi-Fi from your account or disconnect your tariff at any time, having attempted to contact you first.
3. Use of O2 Mobile Broadband is subject to a compatible laptop. Minimum system requirements are Windows XP, Vista, MAC OS X (10.4.7+).
4. Access to O2 Mobile Broadband is subject to network coverage.
5. The current maximum speed available on the O2 UK network is 3.6Mbps. However, connection speeds are subject to various factors including network coverage and signal strength and therefore we cannot guarantee that your connection will reach any specific speeds.
6. All prices shown include VAT. Prices are correct at time of publication but are subject to change.
7. O2 reserves the right to change or vary the O2 Mobile Broadband service from time to time.
8. These terms incorporate the O2 Privacy Policy, a copy of which is available at o2.co.uk.

O2 Mobile Broadband Pay Monthly

1. To order O2 Mobile Broadband Pay Monthly you must be resident in the UK and aged 18 or above.
2. Connection to O2 Mobile Broadband is subject to status, credit-check and agreeing to the terms of either a one month, 18 month or a 24 month minimum term O2 Pay Monthly Airtime Contract. If you cancel your agreement during the minimum term you will be required to pay the outstanding monthly charges for the remainder of your minimum term.
3. If you connect to a one month minimum term contract you may provide written notice that you wish to end your O2 Mobile Broadband contract at any time and this will be effective 30 days after we receive your notice.  You will be required to pay the applicable monthly charge for your O2 Mobile Broadband tariff until the end of this 30 day notice period.
4. If we increase the monthly price of your O2 Mobile Broadband contract we will provide 30 days advance written notice of the change. In these circumstances if you have an 18 or 24 month minimum term O2 Mobile Broadband contract you may end your O2 Mobile Broadband contract with us 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 price changes. Any existing O2 Pay Monthly Mobile airtime contract you have with us will not be affected.
5. You may not switch your mobile broadband tariff to another mobile broadband tariff during your minimum term unless we agree otherwise. This clause supersedes any contradictory term in the O2 Pay Monthly airtime agreement. Please contact us via customer services is you wish to discuss changing your mobile broadband tariff.
6. A maximum of 4 O2 Mobile Broadband connections is allowed per person.
7. If applicable, O2 Mobile Broadband upgrades are not available until the end of any existing minimum term contract and are subject to signing a new minimum term contract.
8. You can monitor your data usage through the Connection Manager software by clicking on the ‘Tools’ icon, followed by ‘Help’ and then ‘Log’. Data usage can be displayed by calendar month that may not match your billing period so it should be used for guidance only.
9. Unused data cannot be carried forward one month to the next on any tariffs. Existing   customers transferring tariffs will lose any accrued rollover allowance. Data usage is measured in kilobytes (KB). 1MB = 1024 Kilobytes (KB), 1024 MB = 1 Gigabyte (GB).
10. Any data used above your monthly bundle allowance will be charged at £0.20 per MB. You are liable for all data used in excess of your monthly inclusive allowance if you have a Pay Monthly airtime contract.
11. You must provide a current email address and any other information that we reasonably request from you to maintain your account and you must ensure that this information is valid, up to date and accurate. You must tell us immediately if you become aware of any improper disclosure of your security information or unauthorised use of the O2 Mobile Broadband services through your account.
12. Text Messages sent from the Connection Manager software will be charged at our standard rate for text messages. See Pay Monthly Tariffs for SMS pricing.
13. For customers receiving a paper bill, itemised billing is available at 99p per month.  For customers taking an online tariff, itemised billing is available online at no additional charge.
14. The prices shown do not incorporate data roaming rates. Usage whilst roaming will incur additional third party network operator’s charges and these charges may be significant.
15. General O2 Mobile Broadband terms apply to O2 Mobile Broadband Pay Monthly.

O2 Mobile Broadband Pay & Go

1. O2 Mobile Broadband Pay & Go access is available to purchase either on a daily, weekly or monthly basis.
2. Connection to O2 Mobile Broadband Pay & Go is subject to status and agreeing to the terms of the O2 Pay & Go Airtime Contract.
3. Daily access provides 500MB data plus unlimited Wi-Fi through The Cloud to use within 24 hrs, weekly access provides 1GB data plus unlimited Wi-Fi through The Cloud to use within 7 days and monthly access provides 3GB data plus unlimited Wi-Fi through The Cloud to use within 30 days.
4. Your O2 Mobile Broadband access will expire:
   (i) in the case of the unlimited Wi-Fi element, when the time period (one day, 7 day or 30 day) expires;
   and
   (ii) in the case of the network data element, after your data allowance is used up (500MB, 1GB or 3GB) if this used up before the time period expires or when the time period expires, whichever is sooner.
5. Access can only be purchased using your credit/debit card. Payment must be made using Visa, Visa Debit, Visa Electron, Mastercard, Maestro or Solo. This clause supersedes any contradictory term in the O2 Pay & Go airtime agreement
6. O2 Mobile Broadband access is excluded from loyalty and reward programmes including but not limited to O2 Rewards and treats.
7. O2 Mobile Broadband Pay & Go customers can receive SMS in the Connection Manager in box but cannot send chargeable SMS
8. General O2 Mobile Broadband terms apply to O2 Mobile Broadband Pay & Go.

General

1. The O2 Mobile Broadband Pay Monthly tariff including a laptop ("O2 Mobile Broadband Pack") includes:
   • A set amount of data via use of O2 UK's Edge/GPRS/3G/HSDPA networks per month;
   • unlimited Wi-Fi via The Cloud's UK Wireless LAN network, (subject to excessive usage policy) for personal internet use via your modem or data card. Applies to use in the UK only. All usage must be for your private, personal and non-commercial purposes;
   • and 300 O2 to O2 text messages, which can be sent using the O2 Connection Manager Software. Text messages will not be available to you if you use O2 Mobile Broadband with an Apple Mac or if you do not keep O2 Connection Manager on your PC.
     
     You may not use your SIM Card:
   • in, or connected to, any other device excluding modems/data cards;
   • to allow the continuous streaming of any audio/video content, enable Voice over Internet (Voip), P2P or file sharing; or
   • in such a way that adversely impacts the service to other O2 customers or Cloud customers.

   If O2 reasonably suspects you are not acting in accordance with this policy O2 reserves the right to impose network protection controls which may reduce your speed of transmission, remove O2 Mobile Broadband or Wi-Fi from your account or disconnect your tariff at any time, having attempted to contact you first.

2. Use of O2 Mobile Broadband is subject to a compatible laptop. Minimum system requirements are Windows XP, Vista, MAC OS X (10.4.7+).
3. Access to O2 Mobile Broadband is subject to network coverage.
4. Any laptop or mini-laptop supplied by O2 will be provided with some pre-installed software. This may include, but is not limited to, a Microsoft operating system, a virus checker, word processing and similar software and a manufacturers recovery program. The customer is responsible for registering these services upon first use of the laptop. Failure to do so may result in full services not being provisioned.
5. O2 Assistant, an O2 approved virus checker and O2 Connection Manager should be retained on the laptop or mini-laptop for the minimum term and any additional period during which you continue to receive the Services from O2 in order to continue to be able to receive a full support service from O2
6. Connection speeds are subject to various factors including network coverage and signal strength and therefore we cannot guarantee that your connection will reach any specific speeds.
7. All prices shown include VAT. Prices are correct at time of publication but are subject to change.
8. O2 reserves the right to change or vary the O2 Mobile Broadband service from time to time.
9. These terms incorporate the O2 Privacy Policy, a copy of which is available at o2.co.uk

The O2 Mobile Broadband Pack

1. To order an O2 Mobile Broadband Pack you must be resident in the UK and aged 18 or above. One O2 Mobile Broadband Pack per customer.
2. Connection to an O2 Mobile Broadband Pack is subject to status, credit-check and agreeing to the terms a 24 month minimum term O2 Pay Monthly Airtime Contract. If you cancel your agreement during the minimum term you will be required to pay the outstanding monthly charges for the remainder of your minimum term.
3. If we increase the monthly price of your O2 Mobile Broadband contract we will provide 30 days advance written notice of the change. In these circumstances you may end your O2 Mobile Broadband contract with us 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 price changes. Any existing O2 Pay Monthly Mobile airtime contract you have with us will not be affected.
4. You may not switch your mobile broadband tariff to another mobile broadband tariff during your minimum term unless we agree otherwise. This clause supersedes any contradictory term in the O2 Pay Monthly airtime agreement. Please contact us via customer services is you wish to discuss changing your mobile broadband tariff.
5. A maximum of 4 O2 Mobile Broadband connections is allowed per person.
6. If applicable, O2 Mobile Broadband upgrades are not available until the end of any existing minimum term contract and are subject to signing a new minimum term contract.
7. You can monitor your data usage through the Connection Manager software. Data usage can be displayed by calendar month. This may not match your billing period so it should be used for guidance only.
8. 11. Unused data cannot be carried forward one month to the next on any tariffs. Existing customers transferring tariffs will lose any accrued rollover allowance. Data usage is measured in kilobytes (KB). 1MB = 1024 Kilobytes (KB), 1024 MB = 1 Gigabyte (GB).
9. Any data used above your monthly bundle allowance will be charged at 19.6p per MB. You are liable for all data used in excess of your monthly inclusive allowance if you have a Pay Monthly airtime contract.
10. You must provide a current email address and any other information that we reasonably request from you to maintain your account and you must ensure that this information is valid, up to date and accurate. You must tell us immediately if you become aware of any improper disclosure of your security information or unauthorised use of the O2 Mobile Broadband services through your account.
11. Text Messages sent from the O2 Connection Manager software outside your monthly O2 Mobile Broadband Pack tariff will be charged at our standard rate for text messages. See http://www.o2.co.uk/mobilestariffs/tariffs/paymonthly/paymonthlytariffs for SMS pricing.
12. For customers receiving a paper bill, itemised billing is available at 97p per month. For customers taking an online tariff, itemised billing is available online at no additional charge.
13. The prices shown do not incorporate data roaming rates. Usage whilst roaming will incur additional third party network operator's charges and these charges may be significant.
14. O2 reserves the right to change or vary the O2 Mobile Broadband service from time to time.
15. General O2 Mobile Broadband terms apply to the O2 Mobile Broadband Pack.

General

1. To order O2 Mobile Broadband for Business ("Mobile Broadband") you must be resident in the UK and aged 18 or above.
2. Connection to Mobile Broadband is subject to status, credit-check and agreeing to the terms of a one month or a 12, 18 or 24 month minimum term O2 Pay Monthly Airtime Contract. If you cancel your agreement during the minimum term you will be required to pay the outstanding monthly charges for the remainder of your minimum term.
3. If you connect to a one month minimum term contract you may give us written notice that you wish to end your Mobile Broadband contract and this will be effective 30 days after we receive your notice. You will be required to pay the applicable monthly charge for your Mobile Broadband tariff until the end of this 30 day notice period.
4. If applicable, upgrades are not available until the end of any existing minimum term contract and are subject to signing a new minimum term contract.
5. Unused data cannot be carried forward one month to the next on any tariffs. Existing customers transferring tariffs will lose any accrued rollover allowance. Data usage is measured in kilobytes (KB). 1MB = 1024 Kilobytes (KB), 1024 MB = 1 Gigabyte (GB).
6. The Mobile Broadband tariff can be added as a Bolt On to compatible Business calling plans, to allow use with a compatible handheld device.
7. Use of Mobile Broadband is subject to a compatible laptop or mobile handheld device. Customers are responsible for ensuring they meet minimum system requirements in order to use the service.
8. You may not switch your Mobile Broadband tariff to another Mobile Broadband tariff during your minimum term unless we agree otherwise. This clause supersedes any contradictory term in your Airtime Contract. Please contact us via customer services if you wish to discuss changing your Mobile Broadband tariff.
9. Subject to the tariff selected, Mobile Broadband monthly allows you 3GB or 9GB inclusive use of O2 UK’s Edge/GPRS/3G/HSDPA networks in the UK, for internet use via your USB modem or data card and unlimited Wi-Fi via The Cloud’s UK Wireless LAN network. An excessive usage policy operates and no customer may use their SIM Card:
   1. in, or connected to, any other device excluding modems/data cards;
   2. to allow the continuous streaming of any audio / video content, enable Voice over Internet (VoIP), P2P or file sharing; or
   3. in such a way that adversely impacts the service to other O2 or Cloud customers.

   If O2 reasonably suspects any customer is not acting in accordance with this policy O2 reserves the right to impose further charges, impose network protection controls which may reduce your speed of transmission and/or remove Mobile Broadband from an individual SIM card or all SIM cards contracted to you at any time, having attempted to contact you first.

10. Any data used above the inclusive tariff allowance per billing month on O2 UK’s Edge/GPRS/3G/HSDPA networks will be charged at £0.15 (ex VAT) per MB.
11. You can monitor your data usage through the Connection Manager software by clicking on the ‘Tools’ icon, followed by ‘Help’ and then ‘Log’. Data usage can be displayed by calendar month that may not match your billing period so it should be used as guidance only.
12. The current maximum speed available on the O2 UK network is 3.6Mbps. However, connection speeds are subject to various factors including network coverage and signal strength and therefore we cannot guarantee that your connection will reach any specific speeds.
13. Access to Mobile Broadband is subject to network coverage.
14. You must provide a current email address and any other information that we reasonably request from you to maintain your account and you must ensure that this information is valid, up to date and accurate. You must tell us immediately if you become aware of any improper disclosure of your security information or unauthorised use of the Mobile Broadband services through your account.
15. Text Messages sent from the Connection Manager software will be charged 10.21p (ex vat).
16. All prices shown exclude VAT. Prices are correct at time of going to print but are subject to change.
17. O2 reserves the right to change or vary the Mobile Broadband service from time to time.
18. The prices shown do not incorporate data roaming rates. Usage whilst roaming will incur additional third party network operator’s charges and these charges may be significant.

General

1. The O2 Mobile Broadband Pay Monthly tariff including a laptop ("O2 Mobile Broadband Pack") includes:

   • A set amount of data via use of O2 UK's Edge/GPRS/3G/HSDPA networks per month;
   • unlimited Wi-Fi via The Cloud's UK Wireless LAN network, (subject to excessive usage policy) for personal internet use via your modem or data card. Applies to use in the UK only. All usage must be for your private, personal and non-commercial purposes;
   • and 300 O2 to O2 text messages, which can be sent using the O2 Connection Manager Software. Text messages will not be available to you if you use O2 Mobile Broadband with an Apple Mac or if you do not keep O2 Connection Manager on your PC.
     
     You may not use your SIM Card:
   • in, or connected to, any other device excluding modems/data cards;
   • to allow the continuous streaming of any audio/video content, enable Voice over Internet (Voip), P2P or file sharing; or
   • in such a way that adversely impacts the service to other O2 customers or Cloud customers.

   If O2 reasonably suspects you are not acting in accordance with this policy O2 reserves the right to impose network protection controls which may reduce your speed of transmission, remove O2 Mobile Broadband or Wi-Fi from your account or disconnect your tariff at any time, having attempted to contact you first.

2. Use of O2 Mobile Broadband is subject to a compatible laptop. Minimum system requirements are Windows XP, Vista, MAC OS X (10.4.7+).
3. Access to O2 Mobile Broadband is subject to network coverage.
4. Any laptop or mini-laptop supplied by O2 will be provided with some pre-installed software. This may include, but is not limited to, a Microsoft operating system, a virus checker, word processing and similar software and a manufacturers recovery program. The customer is responsible for registering these services upon first use of the laptop. Failure to do so may result in full services not being provisioned.
5. O2 Assistant, an O2 approved virus checker and O2 Connection Manager should be retained on the laptop or mini-laptop for the minimum term and any additional period during which you continue to receive the Services from O2 in order to continue to be able to receive a full support service from O2.
6. Connection speeds are subject to various factors including network coverage and signal strength and therefore we cannot guarantee that your connection will reach any specific speeds.
7. All prices shown include VAT. Prices are correct at time of publication but are subject to change.
8. O2 reserves the right to change or vary the O2 Mobile Broadband service from time to time.
9. These terms incorporate the O2 Privacy Policy, a copy of which is available at o2.co.uk.
10. You must provide a current email address and any other information that we reasonably request from you to maintain your account and you must ensure that this information is valid, up to date and accurate. You must tell us immediately if you become aware of any improper disclosure of your security information or unauthorised use of the O2 Mobile Broadband services through your account.
11. Text Messages outside your monthly O2 Mobile Broadband Business Pack allowance sent from the Connection Manager software will be charged 10.21p (ex vat).
12. All prices shown exclude VAT. Prices are correct at time of going to print but are subject to change.
13. The prices shown do not incorporate data roaming rates. Usage whilst roaming will incur additional third party network operator's charges and these charges may be significant.
14. O2 reserves the right to change or vary the O2 Mobile Broadband service from time to time.

4 months promotional pricing for O2 Mobile Broadband for Business

1. This offer is available to new business customers, and upon the acceptance of the specific terms and conditions set out below.
2. The offer runs from 1^st April 2009 until 30^th June 2009. O2 reserves the right to withdraw this offer at any time.
3. Customers agreeing a new minimum 24 month term business 3GB O2 Mobile Broadband tariff will be provided with the first 4 months subscription at £8.51 excluding VAT.
4. The discounted element will appear as a credit on the customer's invoice for the first 4 months (£4.26 excluding VAT). After the initial 4 months, normal charges will automatically apply.
5. This offer is only available to customers connecting to standard O2 Mobile Broadband tariffs connecting via O2 Retail stores, online or via business telesales.
6. Full terms for your O2 Mobile Broadband for Business service will also apply and are available at www.o2.co.uk/terms.

1. O2 reserves the right to withdraw this offer at any time.
2. These promotional terms and conditions relate to the O2 Home discounted rates promotion when either of those services is taken in conjunction with an O2 Mobile Broadband subscription (the “Promotional Terms”).
3. The full terms and conditions of service for the O2 Mobile Broadband and O2 Home Broadband services are available at Broadband terms and conditions.
4. New customers who sign up for a 12 month minimum term contract for O2 Home under these Promotional Terms will receive a £2.50 (inc. VAT) discount from their monthly subscription for a period of 12 months (the “Discount”). On expiry of the 12 month Discount period the customer will automatically be transferred to the full price of the relevant O2 Home Broadband package to which they are subscribed.
5. Customers will only be eligible for the Discount once the customer has also taken an O2 Mobile Broadband contract at £15 (inc VAT) or £17 (ex VAT) per month and only continues to apply while that customer maintains their O2 Mobile Broadband subscription. In order to activate the Discount customers will need to follow instructions given to them in store in relation to this Promotion. The Discount will not automatically be applied to Customer's O2 Home Broadband account and is subject to an opt in.
6. Existing O2 Home Broadband customers who subsequently take an O2 Mobile Broadband subscription will be eligible to receive the Discount for a period of 12 months whilst they maintain their O2 Mobile Broadband subscription in accordance with the eligibility criteria set out in clause 4 above.
7. This offer cannot be taken in conjunction with the O2 Home Broadband Takeaway product or any other O2 Home or Business Broadband offer.
8. O2 Home Broadband Standard package and a range of other home and business broadband products are available separately from £7.50/month.
9. O2 reserves the right to change the Promotional Terms, at any time, by notifying customers on our website that the changes have been posted on our website.
10. The promoter is Telefónica O2 UK Limited, 260 Bath Road, Slough.

1. O2 is asking a small number of home & mobile broadband customers to take part in a remote test of it's services in order to enter those services for consideration as part of the ISPA Awards (http://www.ispaawards.org.uk).
2. As a thank you to the customers who are invited to, and do, take part in this testing, O2 will give a 3 month subscription credit on their account. To qualify for this reward, you must:
1. have been invited by O2 to take part (and have received an email from O2 containing the installation information, 10 digit code and link);
2. be one of the following: an O2 Home Broadband Premium customer that connected after the 18th December 2008, or an O2 Mobile Broadband Pay Monthly customer or an O2 Mobile Broadband for Business customer on the 3GB tariff and who connected more than 50 days ago.
3. install and keep on your computer the required testing isposure software (the "Software") for the duration of the testing period (during the isposure registration process you will be required to agree to the isposure End User Licence Agreement during installation, give some information such as your landline or mobile phone number to allow us to identify your results and insert a 10 digit code given to you by O2).
3. You must make sure that your service is connected and your computer logged on at least once every other day for a minimum of 30 mins between 12 February 2009 and 1 May 2009 (the "Test Period").
4. O2 will credit your account with 3 months of your standard monthly subscription charges for the relevant home or mobile broadband package you are on at the time of installation. There is no cash alternative.
5. The credit will appear on the next bill date after the software installation provided there are 15 clear working days to that bill date otherwise it will appear on the following bill. If you uninstall the software at any point during the testing period or do not meet the minimum connection criteria set out above then O2 may remove all or part of the 3 month credit from your account. For the avoidance of doubt, O2 will not reimburse customers taking part in the testing for any incidental charges caused by the Software's data use for testing purposes
6. You agree that they are solely responsible for the safe installation and use of the Software during the Test Period.
7. Any personal data relating to you collected by O2 during the Test Period will be treated in accordance with O2's Privacy Policy. The policy can be viewed at o2.co.uk/terms.
8. Before installing the Software, it is entirely your responsibility to secure and back-up all data, software, information or other files that are stored on or used by the relevant computer hardware. You agree to take back ups of all information stored on your computer hardware, servers and any other equipment, which information may be affected in any way by the Software.
9. We shall not be liable for any failure by you to follow our reasonable advice, recommendations or instructions. We shall not be liable for any damage to your hardware or equipment, unless specifically caused by our negligence.
10. The Software is provided, designed and maintained by Epitiro Technologies. It is a strict condition of your involvement with this test that you agree to the isposure Software Licence Agreement which is part of the installation process for the Software.
11. Details of the Software can be found at: http://ispa.isposure.com/faq.htm

1. Introduction
   1. These terms and conditions relating to the O2 Tech Support service set out the basis on which Telefónica O2 UK Limited (Company no. 07143099) of 260 Bath Road, Slough, Berkshire SL1 4DX ("O2, we, us, our") will provide support services to the Customer with whom we make this agreement or a person who we reasonably believe is acting with the Customer's authority ("Customer, You, your").
   2. These terms are in addition to the O2 Home Broadband or O2 Mobile Broadband terms and conditions (individually or collectively the "Broadband Terms") and any other agreements which you have with O2 for the provision of mobile or home broadband or other telecommunications services.
   3. These terms apply to the Customer's use of the O2 Tech Support services (the "Support Services") as a "pay as you use" service.
   4. To order the Support Services you must be resident in the UK and aged 18 or above.
   5. If there is any inconsistency between these O2 Tech Support Services Terms and the Broadband Terms, the O2 Tech Support Services Terms will prevail.
      
      
2. Availability, Eligibility, Payment and the O2 Tech Support Services
   1. The Support Services are available only to O2 Mobile Broadband and O2 Home Broadband (including existing O2 Business Broadband) customers.
   2. The Support Services are categorised into Bands. For details of which services are included in each Band and their prices, please see the schedule of Support Services at o2.co.uk/laptopsupport
   3. O2 reserves the right to change the Support Services Description without further notice. We will notify you of any changes to the Support Services Description by posting them on our website at o2.co.uk.
   4. Support Services are available 24 hours a day, seven days a week, 365 days a year.
   5. Payment for pay as you use Support Services will be through your normal billing method for your O2 Mobile Broadband Pay Monthly or O2 Home Broadband account or by credit/debit card. O2 Mobile Broadband Pay & Go customers will only be able to pay for the Support Services by credit/debit card.
   6. By taking a pay as you use Support Service you are not subscribing or gaining entitlement to any ongoing additional Support Services.
      
      
3. Minimum Requirements for the Support Services
   1. If you wish to take the pay as you use Support Services, you must do so in relation to a Laptop or other computer hardware (in these terms, all types of supported computer are referred to as "Laptop") with the same minimum requirements as for the O2 Mobile Broadband Service or O2 Home Broadband Service, as appropriate (see o2.co.uk/broadband for details).
   2. The Support Services are not available on Laptops which have Mac or Linux operating systems.
   3. We reserve the right not to supply the Support Services if we believe that your Laptop is not covered by current and up to date virus protection software that is of a reasonably acceptable standard to us.
      
      
4. Your Responsibilities to Us
   1. As a condition of O2 providing the Support Services to you, you must meet the following obligations:
      1. You must have authentic and current licenses for your Laptop's operating system and all relevant programs on it. In addition, you must provide proof of authenticity if requested by us;
      2. You must regularly back-up your own data. Before contacting O2 to request any Support Services for your Laptop it is entirely your responsibility to secure and back-up all data, software, information or other files that are stored on or used by the Laptop. You agree to take back ups of all information stored on your Laptop, servers and any other equipment, which information may be affected in any way by the actions of O2 in the delivery of the Support Services;
      3. You must give us the necessary remote access to your Laptop where applicable. An O2 Advisor will obtain your consent to gain remote access using O2 Assistant (or similar) before each Support Service session/delivery;
      4. An O2 Advisor with remote access to your Laptop in order to provide Support Services may have incidental access to personal information on your Laptop. The O2 Advisor will only search your computer for the purposes of providing the Support Services and will try not to view or affect your personal files except as necessary for providing the Support Services. By requesting the Support Services you are expressly giving consent for the O2 Advisor to access your Laptop in this manner;
      5. You must promptly carry out all actions reasonably requested of you by O2. Failure to do so may result in the Support Services being withdrawn; and
      6. O2 will not tolerate any form of aggressive or unreasonable behaviour, or abuse, towards staff involved in providing the Services or the Support Services. O2 reserves the right to immediately withdraw the Services and/or the Support Services if, at O2's sole discretion, your behaviour is deemed unacceptable.
   2. If you do not comply with the obligations set out above then the delivery of the Support Services may not be possible.
      
      
5. Our Responsibilities to You
   1. We will always make you aware of any pay as you use charges for the Support Services before commencing the delivery of those services.
   2. If, when delivering pay as you use Support Services and using our reasonable skill and care, we are unable to resolve any reasonable problem identified by you we will not charge you for that particular Support Service, provided you have complied with these terms.
   3. If you have not complied with these terms (for instance, by denying access to your Laptop when reasonably necessary for the delivery of the Support Service in question) we may charge you the full list price for that Support Service.
   4. If you take a pay as you use Support Service and the problem is not fixed or recurs within 7 days as a direct result of the same problems identified in the initial diagnosis of the problem or delivery of the Support Service, and provided you have complied with these terms, we will either try to fix the problem with no additional charge or we will refund your pay as you use charges for that Support Service in full.
   5. We do not guarantee to be able to advise on or successfully fix all issues or problems that you ask us to investigate as part of the Support Services; however we will use our reasonable endeavours to provide a full solution.
   6. We will not be responsible to you as part of the Support Services for:
      1. the repair or replacement of any equipment that is faulty (as reasonably diagnosed by us);
      2. any failure by you to follow our reasonable advice, recommendations or instructions;
      3. any damage to your Device or equipment howsoever arising except to the extent caused by the negligence of O2;
      4. the recovery or reconstruction of any data or programs lost or spoiled except to the extent that this is due to the fault of O2 or its contractors or agents, in which case only such work as is required to recover or restore the data from the last Customer back-up of the affected data; or
      5. maintenance or support of any third party system or software applications.
      
      
      
6. Limitation of Liability for the Support Services
   1. We shall not be liable for any failure by you to follow our reasonable advice, recommendations or instructions.
   2. We shall not be liable for any damage to your hardware or equipment, unless specifically caused by our negligence.
   3. We shall not be liable if we are unable to provide the Support Services through factors which are beyond our reasonable control where we have made reasonable attempts to provide the Support Services.
   4. Nothing in this Agreement shall exclude or restrict our liability for:
      1. death or personal injury resulting from our negligence; or
      2. fraud or fraudulent misrepresentation.
   5. If we are found liable to you our liability will not exceed the greater of the amounts paid by you for the services in the 12 months preceding the point of liability or £300; ; except in either case under paragraph 6.4.
   6. If you are a business customer then, except in either case under paragraph 6.4, we will not be liable to you under or in connection with these terms (including in cases of our negligence) for any indirect or consequential loss, loss of business, revenues, profits, contracts, savings you might expect to have made, expenses or for any other pure financial loss.
   7. Nothing in this Agreement shall exclude or restrict our liability in respect of any liability which cannot be excluded or restricted by law.
   8. Each provision of this paragraph 6 operates separately. If any part is found by a Court to be unreasonable or inapplicable the other parts will continue to apply.

1. The O2 Tech Support Bolt On (the "Bolt On") is available only to O2 Mobile Broadband and O2 Home Broadband (including existing O2 Business Broadband) customers and is in addition to the O2 Tech Support Terms.
2. Connection to the Bolt On is subject to status, credit-check and agreeing to the terms of a minimum term for the Bolt On.
3. Payment for the Bolt On will be through your normal billing method for your O2 Home or Mobile Broadband Pay Monthly account or for mobile broadband customers only, via credit card. Please see the Terms for details relating to late or non payments.
4. The Bolt On includes Band A Support Services at no additional cost and an agreed published discount on all other Bands of Support Services for a recurring monthly fee.
5. Customers taking the Bolt On must subscribe for a minimum term period. The minimum term period for customers taking the Bolt On will be 3 months. If you cancel your subscription to the Bolt On or your O2 Mobile Broadband and O2 Home Broadband (including existing O2 Business Broadband) contract during the minimum term of the Bolt On you will be required to pay the outstanding monthly charges for the remainder of your Bolt On minimum term.
6. If you provide notice that you wish to end the Bolt On this will be effective 30 days after we receive your notice. You will be required to pay the applicable monthly charge for the Bolt On until the end of this 30 day notice period together with any charges applicable under these terms.
7. The Bolt On is available to cover one customer and computer only. In order to subscribe to the Bolt On you will be asked to provide details of the computer which you would like to cover including its make, model number, operating system and serial number.
8. In respect of Support Services which are included when you take the Bolt On, a total number of 4 unique issues (as reasonably decided by us) may be raised in any calendar month. We may cease or suspend the inclusive use of those Support Services if, in our reasonable belief, you are using those Support Services above levels at which would be considered reasonable for such services, you raise more than 4 unique issues in any calendar month or if you are no longer maintaining your Laptop in accordance with the Minimum Requirements set out in these terms.
9. If you subscribe to the Bolt On, in addition to the minimum requirements in the O2 Tech Support Terms, you must maintain the following software on the Laptop:
   1. O2 Assistant software or other software specified by O2 to allow remote access to your Laptop by an O2 Advisor for the purposes of delivering a number of the Support Services. This software is pre-installed in O2 Laptops and will be made available to you if you own a Non-O2 Laptop; and
   2. an active and up-to-date version of McAfee Internet Security or other virus protection specified or reasonably acceptable to O2. McAfee Internet Security may have been supplied with an O2 Home Broadband or O2 Laptop package. A list of acceptable third party virus protection software is available at: o2.co.uk/techsupport