Broadband
O2 Broadband terms
Home Broadband
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 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”). “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 TalkTalk, 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.
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 (a static IP address is not available for O2 Access connections). 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. 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 whom 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 (£42.50 ex VAT) 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) and other factors including the volume of network traffic at the time you are using the service, 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) 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 O2’s Services via your account comply with the ‘Fair and acceptable usage policy’ too;
(b) 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;
(c) provide the required information to us (especially during the ordering process) and ensure that this information is always valid, up to date and accurate;
(d) 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;
(e) 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;
(f) 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;
(g) 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
(h) 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 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 nor 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/or by email where you have supplied your email address to us for this purpose.
14.11. Notices. Any notice or other communication required by, 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
(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 3.6. The fee payable for non return of equipment shall be £42.50 (ex VAT).
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 (a static IP address is not available for O2 Access connections). 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 6.1. The fee payable for a one-off connection shall be £12.75 (ex VAT).
Clause 7.4. The fee payable if the termination is effective within the Minimum Term shall be £42.50 (ex VAT) and the fee payable for an express cancellation shall be £12.75 (ex VAT).
Clause 7.11.The fee payable if your landline is disconnected for any reason or we agree to provide you with the Services again after terminating your Services, shall be a reconnection fee of £12.75 (ex VAT).
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 11.2. The fee payable for additional moves shall be £42.50 (ex VAT) per move.
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/”
March 2008
These promotional terms and conditions relating to the O2 Broadband No Connection Charge (“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”).
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 New and eligible customers who sign up and accept the Services from 15th October 2007 to 30th June 2008 (“Promotional Period”) will not be charged a connection fee for O2 Broadband.
1.2 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.
1.3 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.
1.4 These promotional terms apply exclusively to customers procuring the O2 Home Broadband service from O2.
These promotional terms and conditions relating to the 50 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”).
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 April 2008 to 30 June 2008 (“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 50th 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.
These promotional terms and conditions relating to the 100 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 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 15th October 2007 to 31st March 2008 (“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 100 days after the Services connection date (“Cooling Off Period”) by giving us written notice no later than the 100th 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.
Read this agreement carefully before opening or installing this software
This end user licence is for the following software:
- O2 Broadband installer, which gets O2 Broadband up and running and on request installs McAfee Security for O2 Broadband on your computer.
- O2 Broadband assistant, which checks for and fixes problems with your internet connection and O2 email; and
- 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 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 7.5 Assignment. You may not assign this Agreement without the prior written consent of O2.
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.services@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.
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, 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.
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 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 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.
6 The Home Broadband discount is available exclusively to customers procuring the O2 Home Broadband service from O2.
These promotional terms and conditions relating to the O2 Price Reduction ("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").
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.
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.
- “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.
- “Use” or “Using” means to access, install, download, copy or otherwise benefit from using the Software.
- “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by McAfee or an Authorized Partner.
- “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.
- “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 at
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 fulfillment, 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 Se