O2 Business Broadband Standard Terms & Conditions for customers

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

In these terms: the expression:

"Business Customer" means a customer who connects to the Service for business use; and "Consumer Customer" means a customer who connects to the Service for their own personal private use and not for business use; and

"Customer" shall mean a Business Customer or a Consumer Customer as applicable.

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

"End-User Licensed Software" means any software, the licence terms for which are governed by a separate agreement with the licensor of such software typically by means of a "click-wrap" or "shrink-wrap" licence agreement.

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

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

• 1.1 You agree to be bound by the terms by ticking the box next to 'I accept the Terms and Conditions' on our website; by your use of the Services or by allowing others to use the Services. You must ensure that any others using the Services via your account also comply with the Terms.
• 1.2 If you are a consumer customer, the Terms set out the express terms on which we agree to provide the Services but nothing in the Terms will affect your statutory rights.

2. How do you order our Services?

• 2.1. To order our Services you must:

  • 2.1.1. be over 18;
  • 2.1.2. be a resident of the UK;
  • 2.1.3. if your Contract Date is before 5 March 2008, be the account holder or have the permission of the account holder of a UK credit or debit card (with a UK billing address) with sufficient credit or funds to pay the Charges. We do not accept American Express of Diners Club;
  • 2.1.4. if your Contract Date is on or after 5 March 2008, pay the Charges by Direct Debit. Accordingly, you must be the account holder of a UK bank account (with a UK account address) with sufficient funds and the requisite authority to pay the Charges using Direct Debit;

  • 2.1.5. provide the following information:

    • a) a valid UK mobile phone number;
    • b) a current email address;
    • c) a clear and operational landline number (except if provided by Talk Talk, Bulldog, Kingston Communications or the landline is a cable landline);
    • d) the Migration Authorisation Code ("MAC") key if another Internet Service Provider is already providing you with a broadband service and you are switching to us;
    • e) a delivery address for the delivery of the Equipment;
    • f) the installation address for the connection of the Services;
    • g) your Direct Debit details to pay the Charges, with the account name and a UK billing address. If your Contract Date is before 5 March 2008 you may continue to pay by alternate means of credit or debit card or may transfer to Direct Debit; and
    • h) your credit or debit card details in order that we may complete a security check. Please note that, as set out above, these cannot be used for payment for the Services if your Contract Date is on or after 5 March 2008.
• 2.2. The Services account holder must also be the Direct Debit account holder. You therefore warrant that you are a resident at the installation address and the owner of the account used for the Direct Debit. If you are not the landline account holder, you also warrant that you have the permission of the landline account holder to contract for the Services. You are responsible for any use of the Services via your account and the payment of all Charges.
• 2.3. You agree that we, or third parties acting on our behalf, may carry out credit checks using the information that you provide.
• 2.4. By placing your order you are making an offer to enter into a contract with us for the purchase of the relevant Service from us under the Terms. We will contact you if we accept your offer. We may exercise our discretion to refuse to provide any part of the Services to you.
• 2.5. You need to sign up for an O2 online account on o2.co.uk with a user name and password at the time of placing your order. If you have an existing o2.co.uk account, you may also be required to sign up to and maintain a new account in order to place an order for the Services. You will need to accept the terms and conditions of use of the O2 online account when you sign up for the account. If you are an existing O2 customer you may not be able to use your existing O2 online account. You will be advised of this at the time of signing up for the Services.

3. What equipment do we provide?

• 3.1. After accepting your order, we will send you the O2 Broadband Pack, including a wireless modem, cables and filter(s) and the set up CD (together the "Equipment") to your delivery address. The Equipment remains our property and you must take good care of the Equipment while it is leased to you for as long as you continue to receive the Services.
• 3.2. If your modem is faulty, you must notify us immediately and we will repair or replace it at no cost, providing the fault is not caused by your abuse or negligence. If the fault is caused by your abuse or negligence:
  • 3.2.1. we may charge you the reasonable costs of any repair or replacement; and
  • 3.2.2. 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?

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

5. How do you get connected?

• 5.1. You must have a computer with a minimum specification (Windows XP or Windows Vista). You can view these in online help at o2.co.uk/help/broadband
• 5.2. You agree to provide any reasonable co-operation and assistance that may be required to get you connected.
• 5.3. When connecting your landline to the Services, there may be a temporary loss of telephone services or other telecommunications services. We will try to keep this disruption to a minimum but will not be responsible for any resulting damage, loss or costs caused.
• 5.4. The actual speed of your broadband connection under your package will depend on your line (for example, the distance of your premises from the BT exchange, the quality of your copper line, and environmental line noise will all impact your actual speeds), so we cannot guarantee that
  your connection will reach any specific speeds.
• 5.5. While you're connected to our network, you'll need to remain with the landline provider with which you originally took up the Services. If you change your landline provider, or your landline is disconnected or suspended for any reason you may not be able to continue receiving our Services, and the termination provisions in clause 7 will apply.

6. Termination before Services connection

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

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

• 7.1 Your contract starts on the Contract Date, and the Services start on the date that you have both received the Equipment and BT confirms that your Services are connected to your local BT exchange. The Services connection date (the "Services Connection Date") will be notified to you via your nominated email address and mobile phone number.
• 7.2 The minimum term of your contract is twelve (12) months from the Services Connection Date (the "Minimum Term"). After this Minimum Term you will continue to receive the Services until either you or we end your contract in accordance with this clause 7.
• 7.3 You may terminate your contract within the first fourteen (14) days after the Services Connection Date (the "Cooling Off Period") by giving us written notice, to be received by us no later than the 14th day after the Services Connection Date. You will receive a refund of all connection and subscription Charges incurred by you during the Cooling Off Period. If you terminate your contract during the Cooling Off Period, you may not be able to request the Services at the same installation address for six (6) months after the end of the Cooling Off Period.

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

  • 7.4.1. 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
  • 7.4.2. 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
  • 7.4.3. if we increase the Charges or change the Terms to your significant disadvantage, (other than where such increases in Charges or change to the Terms arise as a consequence of a change in prices, tariffs, terms or otherwise made or requested by third party manufacturers or suppliers, or a regulatory body), by giving us thirty (30) days' written notice within thirty (30) days of us informing you of the changes.

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

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

  • 7.5.1. we have not been able to take payment, by the due date, of any money you owe us;
  • 7.5.2. we reasonably believe that you or others (whether under your control or not) are misusing the Services (see our 'Fair and Acceptable Usage Policy;
  • 7.5.3. you otherwise breach the Terms;
  • 7.5.4. you are persistently abusive or make threats or otherwise act illegally towards our staff or our property;
  • 7.5.5. 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
  • 7.5.6. 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:

  • 7.6.1. 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);
  • 7.6.2. an event, outside O2's reasonable control, prevents us from providing the Services for more than thirty (30) days; or
  • 7.6.3. 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:

  • 8.6.1. a new invoice has been issued. You are responsible for viewing and taking copies of these invoices; and
  • 8.6.2. a payment has been taken from your nominated Direct Debit account, or (as applicable to customers who signed up before 5 March 2008) credit or debit card.
• 8.7. Interest may be charged by us if you do not pay us in full by the due date. We may charge you interest on any overdue payments from the date you should have paid until we receive full payment of the amount you owe, including full interest (whether before or after judgement) at the rate of 2.5 per cent per annum above the base rate of HSBC plc as set from time to time.
• 8.8. All amounts due to us shall be paid in full (without deduction or withholding except as required by law) and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
• 8.9. The Charges are exclusive of Value Added Tax which will be charged at the prevailing rate.

9. Switching your broadband package

• 9.1. You may switch your broadband package to another O2 broadband package no more than once a month by notifying us via your O2 online account or contacting customer service. You can only switch to a package supported by your landline. If you switch your package the actual speed may differ.
• 9.2. Any change to your package may take up to five (5) working days before it is activated and you will be charged at your new package price from the date of activation in the next billing cycle.

10. Service speed and interruptions

• 10.1. The actual speed of your broadband connection under your package will depend on your line (for example, the distance of your premises from the BT exchange, the quality of your copper line, the quality of the wiring within the premises, and environmental line noise will all impact your actual speeds), so we cannot guarantee that your connection will reach any specific speeds.
• 10.2. We do not warrant that the Services will be available at all times and fault-free. We may need to make changes to our network or the technical specification of a Service or may need to suspend provision of the Services for operational or technical reasons. We will use all reasonable endeavours to notify you in advance of such changes or suspension if it materially affects your Services.
• 10.3. If you experience a total loss of Service directly caused by us (except where you have requested that the Services are moved to a new premises in accordance with clause 11) for more than five (5) consecutive days, you'll be compensated for each day's disruption (including the first five (5) days) by a credit towards your recurring charges for those days. In order to receive this credit, you will need to notify us as soon as the Service failure occurs and request the appropriate credit by contacting customer service when your Service is restored. The credit will be shown on your next, or subsequent invoice depending upon where within the billing cycle the credit is requested.

11. What happens if you move?

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

12. What are your obligations?

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

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

  • 13.3.1. gains access to your connection to the Services, your computer and other related equipment; or
  • 13.3.2. 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:

  • 13.6.1. Charges payable; or
  • 13.6.2. claims for any damage to your tangible property, caused by the negligence or otherwise by any act or omission of ours, our employees, agents or subcontractors, whilst on your premises
• 13.7. You shall at all times be under a duty to mitigate any losses suffered by you.
• 13.8. The Customer recognises that the Services may be dependent upon End-User Licensed Software and if the Customer does not accept the licence terms relating to any End-User Licensed Software, O2 shall have no liability whatsoever for any failure to provide the Services to the Customer where the Services depend on the use of End-User Licensed Software.
• 13.9. Where the Customer accepts the terms of a licence in respect of any End-User Licensed Software, then those licence terms shall take precedence over any terms within this Agreement relating to End-User Licensed Software and shall exclusively comprise the Customer's sole rights and remedies in respect of such End-User Licensed Software.

14. Is there anything else?

• 14.1. We will use your mobile phone number and email address to contact you for all purposes under the Terms, including to provide any marketing material related to the Services. You may, at any time, change your mind about receiving information from us or other companies in the future by notifying us in accordance with the O2 Privacy Policy
• 14.2. If you have a complaint about our Service you may contact us by telephone by calling the Customer Services number on your bill. If you are still unhappy you can write for an impartial review to: Complaint Review Service, PO Box 116, Leeds, LS11 5DS. Please include your Mobile Phone number and Broadband account reference in any correspondence. If you are a Consumer Customer, or a Business Customer with ten (10) or fewer employees, and we do not resolve your complaint you may contact the Telecommunications Ombudsman. You can find their details at www.otelo.org.uk. However Otelo will only deal with your complaint if it remains unresolved after eight (8) weeks or a deadlock situation has been reached.
• 14.3. From time to time, we may (without notice to you) review, record or check your use of the Services where we are required to do so to ensure compliance with any laws or regulations or where ordered to do so by any court or other body or authority with the power to require such monitoring and for our own internal purposes to ensure compliance with the Terms.
• 14.4. We may assign your contract or any Service we provide to you to a third party. You may not assign this contract or the benefit of any Service we provide to you.
• 14.5. Any failure or delay by us in exercising or enforcing any rights or benefits granted by the Terms will not be deemed to be a waiver of any such right or benefit nor will it prevent us from exercising or enforcing any such right or benefit or any other right or benefit on any other occasion.
• 14.6. Each provision of the Terms is to be construed as a separate provision applying and surviving even if one or more of the other provisions of this clause is held inapplicable or unreasonable.
• 14.7. The Terms do not create any rights for, or enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
• 14.8. The Terms shall be governed and construed in accordance with English law and you and we submit to the non-exclusive jurisdiction of the English courts.

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

  • 14.9.1. relied on any statement you or we made to each other before entering into this contract; and
  • 14.9.2. waive any remedy which would otherwise be available in respect of any untrue statement (unless made fraudulently) before this contract was in force.
• 14.10. We may change the Terms, including the Charges, at any time. If we increase the Charges for elements of the Services you are using or change the Terms to your significant disadvantage, we will give you thirty (30) days' notice in writing before the change takes place. For changes that we need to make to meet legal and regulatory requirements we may not be able to give you thirty (30) days' notice, in which case we will notify you as soon as we can. Changes will be posted on o2.co.uk or we may give you notice in writing, by text (SMS) to your nominated mobile phone number and/orby email where you have supplied your email address to us for this purpose.

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

  • 14.11.1. 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
  • 14.11.2. in the case of notices served on the Customer, to the Customer at either the address at which you specified the Service is to be provided, or your Billing Address, or such other address as is specified elsewhere in this Agreement; or
  • 14.11.3. such other address as either party shall give notice to the other party from time to time.

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

Annex 1 – Business Customer Terms applicable to Business Customers only

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

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

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

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

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

Clause 8.4 of the Core Terms shall not apply and shall be deleted.
Add a new Clause 10.4 to the Core Terms as follows: "As a Business Customer, you agree that any credit to which you are entitled under clause 10.3 is an equitable remedy in respect of all loss or damage which you may suffer as a result of such loss of Service, and that it shall be your sole and exclusive remedy in respect of such loss of Service."

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

Add a new Clause 13.10 to the Core Terms as follows: "Subject to clause 13.1, the express terms of this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law."

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

June 2008