Your Pay Monthly Mobile Agreement
This Agreement sets out both of our rights and responsibilities. It is for consumer customers who take Pay Monthly mobile services from us for their own personal use and/or on our consumer tariffs. If you’re an O2 Business customer, then our O2 terms and conditions for businesses apply.
A quick summary
HERE IS A SUMMARY OF SOME IMPORTANT TERMS AND CONDITIONS OF YOUR AGREEMENT
The full terms of your Agreement are below. You can also pick up a copy in an O2 shop, check our Website or ask customer services to send you a copy. It's important that you read and understand the full terms before you sign up.
1. Charges/Price increases – Each year your Monthly Subscription Charges will be subject to an annual adjustment by the RPI Rate. RPI (or Retail Price Index) is a measure of inflation published by the Office of National Statistics. It measures the change in the cost of a sample of retail goods and services. This adjustment could be an increase or a decrease and the adjusted amount will first appear on your April bill. E.g. below (RPI rates illustrative only):
If your airtime tariff is £21 a month when you sign up in September.
Year 1: On your first April bill you would see your airtime tariff increase to £21.63 a month (if RPI Rate announced in the Feb preceding the RPI Change was 3.0%) i.e. £21 x 1.030 = £21.63; and
Year 2: On your next April bill you would see your airtime tariff increase to £22.21 a month (if RPI Rate announced in the Feb preceding the RPI Change was 2.7%), i.e. £21.63 x 1.027 = £22.21401.
You must pay the Charges for the Services you subscribe to and use every month by the date on your bill. We may charge fees if you're late in paying. You have to pay by direct debit. We may ask you to pay a deposit before we'll let you use the Services. Your inclusive allowances cover standard mainland UK calls, texts and data. Special numbers and services (such as premium rate numbers and some 08 numbers) are not included. Please see our Tariff Terms and Website for more details about specific tariffs and Charges outside your allowances. We may increase or decrease our other prices from time to time. Some increases would give you the right to end your Agreement without paying the Monthly Subscription Charges for the remaining months of your Minimum Period, however if you've taken Equipment on a Device Plan, you will have to pay for it in full. Details are in paragraph 5 of the Agreement.
2. The Change-Your-Mind Period – If you change your mind about certain Equipment (usually a Mobile Phone) you've bought from us, you may be entitled to return items once and exchange them for another within the 14 day Change-Your-Mind Period. D etails will be in your welcome letter or email, or in paragraphs 10, 12 and 13 of the Agreement. You can also ask in an O2 shop or check our Website. If you've taken Equipment from us under a separate Device Plan and you are withdrawing from that Device Plan after the Change-Your-Mind Period, you will have to pay in full for your Equipment. You agree that Services will begin immediately if you already have a SIM Card or when you receive a SIM Card. You'll have to pay for any calls, texts, data and other charges you've incurred, including during the Change-Your-Mind Period. .
3. Your Minimum Period – Your Pay Monthly Mobile Agreement has a minimum term called a Minimum Period. After that Minimum Period, you can end the Agreement by giving us 30 days' Notice and you will have to pay Charges during this notice period. Unless specified otherwise (such as in your Tariff Terms), if you want to end the Agreement during the Minimum Period or we end this Agreement as a result of your material breach, then you will have to pay a fee of no more than your Monthly Subscription Charges multiplied by the number of months left in your Minimum Period and if you've taken Equipment on a Device Plan, you will have to pay for it in full. Details are in paragraph 8 of the Agreement.
4. The Services and Equipment we supply and what you can expect of us – Our Services aren't available everywhere in the UK. You should check predicted Network coverage in your area on our Website. The Services are not fault free and speed and quality, for example, can be affected by things like the thickness of the walls of the building you're in, atmospheric conditions, technical issues with the Network and the number of people near you trying to access the Services at the same time. We will manage the Network in various ways. We use reasonable skill and care in providing you with the Services and will attempt to re-perform disrupted Services when possible. Details are in paragraph 2 of the Agreement.
Equipment we supply will accord with the manufacturer's description and packaging but digital Content (such as apps or software) preloaded on such Equipment will often contain minor defects and such Content should be judged against quality standards proportionate to the value of those digital goods. Always keep your Content up to date. You have the right to reject defective Equipment within the periods of time set out on our Website.
5. What we expect of you – We may end the Agreement if: you don't pay any Charges that are due or if you’re bankrupt. We can also end the Agreement if we reasonably believe the Service is being used: fraudulently, illegally, in a way that harms our Network, contrary to our Fair Use Policy, or to cause annoyance (among other things).
III – General Terms and Conditions
14. These General terms and conditions are part of the Services Agreement and/or Equipment Agreement that you've agreed to.
15. Limitation of Liability
- 15.1 Unless specifically stated otherwise in any Relevant Agreement, we have no liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service provider and retailer. We don't accept liability for losses which haven’t resulted naturally from our breach or which we could not have seen coming, or any loss of data, profits, business, costs, expenses , or any other form of financial loss. We will provide you with compensation that you are entitled to in accordance with your legal rights.
- 15.2 You agree we have no responsibility for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless we are negligent.
- 15.3 Nothing in this Agreement excludes or restricts the liability of either you or us for:
(a) death or personal injury resulting from negligence; or
(b) fraud or fraudulent misrepresentation.
- 15.4 If we're found to be liable to you our liability will not exceed £3,000 (except in either case under the paragraphs immediately above or below).
15.5 Nothing in this Agreement will exclude or restrict the liability of either you or us for any liability that can't be excluded or restricted by law.
15.6 Each of these paragraphs operates separately. If any of them is found by a Court to be unreasonable or inapplicable the other parts will still apply.
16. Loss or Damage to your Equipment
- 16.1 If the SIM Card or your Equipment is lost, stolen, damaged or destroyed you'll be responsible for any Charges incurred (except for in certain circumstances) until you've contacted us to tell us what's happened.
- 16.2 You'll be required to continue payments for the Charges relating to the Services Agreement and Device Plan (if applicable) even if your Equipment is stolen. This Agreement will continue until it's ended by you or us in line with paragraph 8.
17. Things beyond our reasonable control
- 17.1 Except for the obligations under paragraphs 5, 6, 7, 12.1, and 12.2 if either of us can't do what we've promised because of something beyond our reasonable control (such as lightning, floods, exceptionally severe weather, fire, explosions, epidemics, war, civil disorder, industrial disputes, acts of terrorism, acts or omissions of others for whom we're not responsible (including other telecommunication providers), acts of local or central Government or other competent authorities), neither of us will be liable for this.
- 18.1 You can't assign or transfer any of your rights under this Agreement to anyone else unless we agree in writing.
- 18.2 We can assign or transfer our rights and obligations under this Agreement or any part of it or a Related Agreement, on the same terms, to any third party.
- 19.1 If you want to end the Agreement for any of the reasons described in paragraph 8.2 or 8.4 (b), (c) and (d), you must call customer service and give us Notice of at least 30 days. If you want to end the Agreement under paragraph 8.4(a) you must give us written notice of at least 7 days.
- 19.2 Any other type of notice related to this Agreement must be:
(a) by you in writing and delivered by email, by hand or sent by pre-paid post, to us at the address on your bill or be delivered through the 'Contact Us' section of our Website. You'll need to tell us your full name, address, account number and Mobile Phone number when sending notice through the 'Contact Us' section of the Website; and/or
(b) by us in writing by post or email to you at the most recent address you've given us (and you must keep us updated if your details change), or by SMS, MyO2 or bill communication, Website notification or other method of written notification which we may reasonably use to communicate with you.
20. Changes to the Agreement
- 20.1 We can make reasonable changes to this Agreement at any time. All changes will be posted on our Website. Please check regularly for updates.
- 20.2 If we change the terms and conditions of this Agreement to your significant disadvantage (in our reasonable opinion) we'll give you 30 days' Notice before the changes take place.
21. How we use your information
- 21.1 You agree that we can search the files of credit reference agencies and that they may keep a record of that search. We can also carry out identity and antifraud checks with fraud prevention agencies and other third parties and we sometimes share data with such parties to protect you against fraud. We and other organisations can access and use the information recorded by fraud prevention agencies from other countries. If you give us false or inaccurate information and we identify or suspect fraud, we'll record this in accordance with our internal policies and/or industry standards. Details of how you conduct your account may also be disclosed to those agencies, organisations, 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 while this Agreement is ongoing.
- 21.2 Information held about you by credit reference agencies may be linked to records relating to your Financial Associate(s). For the purposes of this application you declare that you and your Financial Associate(s) are financially independent and you request that your application be assessed without reference to any "associated" records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your Financial Associates that is likely to affect our willingness to offer the Service to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis. For the purpose of this paragraph a "Financial Associate" is someone financially linked to you (for instance, a spouse, partner or family member). We may also refuse to accept payments from you where we identify an unusual pattern of payments or behaviour, or to comply with our anti-money laundering obligations.
- 21.3 You authorise us and carefully selected third parties to use, assess, analyse and disclose, in the UK and abroad, information about you, your use of the Service(s) including, but not limited to, phone numbers and/or email addresses of calls, texts, data and other communications ("Communications") made and received by you and the date, duration, time and cost of such Communications, how you conduct your account and the location of your Equipment for the purposes of operating your account and providing you with the Service(s) and services provided by others; to improve our and our partners' products and services and develop new ones; to manage our Network; to help us run and grow our business; to keep you informed about the end of your Minimum Period or other details relevant to your Service; for marketing purposes including amongst other things to identify and tell you about, or offer you, by phone, post, your Mobile Phone or other Equipment, email, text (SMS), or other means, any further products, services and offers which we or our partners think might interest you; for credit control purposes, fraud and crime detection and prevention and the investigation and prevention of civil offences or as required for reasons of national security or under law to our associated companies, partners or agents, any telecommunications company, debt collection agency, bank or credit reference agency and fraud prevention agency or government agency and other users of these agencies who may use this information for the same purpose as us.
- 21.5 Some Services or Additional Services provided by third parties may require the disclosure of information about the location of your Equipment. If you do not wish this to be disclosed please contact 1300 from your Mobile Phone. You may be able to adjust settings on your Equipment to prevent certain location-based services. Please note we may pass information about the location of your Equipment to emergency services.
- 21.6 If you take an insurance policy from or through us, we'll exchange information about you and your account relating to that policy with the underwriters of the policy with the administrators of the policy and with any relevant insurance intermediaries (the "Insurance Providers"). Your personal data will be collected and processed by us, our agents and the Insurance Providers to the extent necessary for the policy described. This will include when we're making a decision about your eligibility for cover, premiums, assessing claims, and carrying out fraud prevention measures. We and the Insurance Providers may also pass information to law enforcement authorities, regulators and the Financial Services or the Telecommunications Ombudsmen.
22. Is there anything else?
- 22.1 If either you or we choose not to, or delay in, enforcing any right or remedy under this Agreement this won't be a waiver of those rights or remedies. If you break this Agreement, and we choose to overlook it, we can still end this Agreement if you break it again and vice versa.
- 22.2 If you don't want your number to be shown on the phone of the person you're calling, dial 141 before their number. Otherwise our Network may show them your Mobile Phone number. Your number will be disclosed in relation to calls you make to emergency services.
- 22.3 If you want to complain about our Service, contact customer services (details are on your bill or on the "Contact Us" section of the Website). If you are still unhappy you can write for an impartial review to: Complaint Review Service, PO Box 302, Dunstable, LU6 9GN. Please include your Mobile Phone number if you write to us. If we don't resolve your complaint you can contact the Ombudsman Services: Communications. You can find their details at http://www.ombudsman-services.org/communications. They offer a free, independent service, but will only deal with your complaint if it's still unresolved after 8 weeks or there is a deadlock situation. The European Online Dispute Resolution site ec.europa.eu/consumers/odr/ allows consumers to submit disputes relating to online purchases with us. You can check our Website for a copy of our Code of Practice on complaints and for our latest information on alternative dispute resolutions.
- 22.4 If you tell us that your Equipment has been lost or stolen we have the right to prevent it and/or your SIM Card from being used on the Network. We may also tell other network operators the Equipment identity. They may choose to prevent the Equipment from being used on their networks too.
- 22.5 Each of the paragraphs of the Agreement operates separately. If any of them are found by a Court to be unreasonable or inapplicable the others will still apply.
- 22.6 Third parties can't benefit from this Agreement or Related Agreements under The Contracts (Rights of Third Parties) Act 1999.
- 22.7 This Agreement is governed by English law and is subject to the exclusive jurisdiction of the English courts, which both you and we submit to.
23. The Definitions
- 23.1 In this Agreement (including these General Terms):
"Additional Services" means extra services (i.e. not the Services you pay for as part of your Monthly Subscription Charges or your Out-of-Bundle Charges) that you may use or choose to take from us and/or third parties, which may or may not be covered by a Related Agreement, including but not limited to, Bolt Ons, roaming and international services, payment services, wifi services, premium rate services, non-standard and special numbers, non-geographic numbers, directory enquiry services, provision of Content and mobile applications;
"Additional Services Charges" means charges for Additional Services;
"Approved Use" means use of Content in a way that doesn't infringe the Rights of others;
"Artificially Inflated Traffic" means calls, data or texts that result in patterns that are disproportionate to the overall type, amount, duration and/or extent of calls, data or texts which would be expected from good faith usage of our Network or Services;
"Charges" means all the charges associated with Service(s) described in this Agreement, Related Agreements, our Tariff Terms, on our Website and in any marketing material, including Monthly Subscription Charges, Out-of-Bundle Charges, Additional Services Charges and charges under a Device Plan;
"Change-Your-Mind Period" means the number of days you have to cancel your Agreement and/or return or swap your Equipment, which will be 14 days unless otherwise specified. Further details are set out in the returns and repairs section of our Website, in your welcome pack or on your till receipt;
"Communications" means calls, texts, data and other communications;
"Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including all information supplied by third party content providers from time to time. Content may be chargeable;
"Device Plan" means a Related Agreement which specifies the terms under which you pay in instalments for your Equipment;
"Equipment" means the Mobile Phone, laptop computer, netbook, tablet, wearable device or any goods we supply to you under the Equipment Agreement;
"Financial Associate" means someone financially linked to you (for instance, a spouse, partner or family member);
"Gateway Device/SIM Box" means a device(s) containing one or more SIM Cards for one or more mobile networks and which enable(s) communications to mobile networks, landlines or to generate SMS texts;
"Insurance Providers" means the underwriters and administrators of any insurance policy you take from us;
"Minimum Period" means the minimum period for the Service selected by you and on which your Charges are based. This runs from the day on which the Service is first supplied (or from the day on which you take an upgrade) and may be 30 days, 12, 18 or 24 months depending on the tariff that you sign up for;
"Mobile Phone" means a cellular telephone or other device that you put a SIM Card into to receive the Services;
"Monthly Subscription Charges" means the fixed amount you pay on a monthly basis for the Services (i.e. the standard mainland UK calls, texts and data included in your tariff);
"Network" means the mobile telecommunication system and wifi network run by us;
"Non-Return" means Equipment which we do not receive back into the relevant sales channel (e.g. an O2 shop or the location on the returns label if sold through a distance channel), or Equipment which is damaged, locked or disabled by security programmes or other software so that we are unable to check it for defects; not in its original packaging and/or lacking the required proof of purchase;
"Notice" means as further set out in paragraph 19, your call to give us notice to terminate in accordance with paragraph 19.1, or your letter or email to our customer services, as applicable; or our call, email, letter, SMS, bill, Website notification, MyO2 communication or other notification to you;
"Out-of-Bundle Charges" means Charges you will incur for our Services when you exceed the inclusive allowances you pay for as part of your Monthly Subscription Charges (i.e. standard mainland UK calls, texts and data in excess of your inclusive tariff allowance) and not including Additional Services;
"Related Agreement(s)" means other terms and conditions which you separately agree to, under which we or our group companies agree to provide you with good(s) or service(s);
"Rights" means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content;
"RPI Change" means an increase or a decrease as described in paragraph 5.2;
"RPI Rate" means the "RPI Percentage change over 12 months: monthly rate" announced by the Office for National Statistics announced in the February preceding an RPI Change;
"Service(s)" means any service that we provide to you under this Agreement. It may include any or all (as the case may be) of the following services: airtime service enabling access the Network (allowing you to make or receive calls and messages and to send and receive data) and any Additional Services we agree to provide to you;
"Shared Tariff" means a tariff which has an inclusive allowance which can be shared across multiple SIM Cards and/or items of Equipment;
"SIM Card" means the subscriber identification module card that you'll need to be able to use the Service;
"SIM Only Tariff" means a tariff where we don't supply Equipment when you subscribe to the Service;
"User Guide" means any guide(s) or documentation supplied with your Equipment either by us or by your Equipment's manufacturer that explains how to use the Service with your Equipment;
"Website" means our website at o2.co.uk;
"We", "us", "our" or "O2" means Telefónica UK Limited of 260 Bath Road, Slough SL1 4DX. Registered in England and Wales under Company number 1743099 and VAT number GB 778 6037 85. Telefónica UK Limited is authorised and regulated by the Financial Conduct Authority (Reference Number 718822); and
"You" means you, the customer who this Agreement is made with and includes any person that we reasonably believe is acting with your authority.