O2 Airtime terms and conditions for iPhone consumer customers (February 2008)
- Services Agreement
- Provision of and use of the service
- Length of the agreement
- Things we may have to do
- Charges for services
- Your responsibilities
- Our rights to bar or disconnect your sim card
- Ending the agreement
- Important - Your right to change your mind
- General terms and conditions
- Tariffs for iPhone terms (Feb 2008)
- The following paragraphs set out the terms and conditions for the supply of Service by us. The General Terms found at the end of this document supplement this Agreement and are incorporated into this Agreement. Words used in this Agreement may be defined in the General Terms. PLEASE REFER TO THE END OF THIS DOCUMENT FOR A FolL EXPLANATION OF THE DEFINED TERMS USED IN IT. Services, offers and promotions may be subject to additional terms and conditions advertised on our website www.o2.co.uk and/or in our marketing literature. Please check our site regolarly as these terms are updated from time to time.
- Use of our O2 Web Services are subject to the Web and WAP terms and conditions, available to view on our website www.o2.co.uk. Please check our website regolarly as these terms are updated from time to time.
- Use of O2's Broadband Service is subject to Broadband terms and conditions available to view on our website www.o2.co.uk. Please check our website regolarly if you use this service as these terms are updated from time to time.
- The Service is not available in all parts of the United Kingdom nor in all other countries and may be restricted to certain areas within those countries where access to the Service is possible.
- If you wish to make international calls or use our international roaming service we may ask you to demonstrate a satisfactory billing history or to pay a deposit which may be used to offset the cost of those calls. Unless otherwise stated, if you use your Mobile Phone abroad you will be charged for incoming calls and you may be charged significant amounts for data usage. Roaming calls and data usage may also take longer to be billed.
- We may, using reasonable skill and care, exercise our discretion to refuse to provide any part of the Service to you (other than the making or receiving of calls). Service is not faolt free and it may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control and you will be entitled to the quality of service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care.
- We will do our best to provide to you any Additional Services requested by you (such as roaming) or, if you instruct us to, change your Service (e.g. to bar calls) by any date we have agreed with you but our ability to do so may be affected by circumstances beyond our control.
- We will allocate a number for use of your Mobile Phone on the Network. The number does not belong to you and may only be transferred to another service provider in certain circumstances (including payment of our costs) details of which are available on request from Customer Services.
- We or our agents may record or monitor telephone calls, emails and any other communications between you and us (or our agents) for training and quality control and our lawfol business purposes.
- We may vary the technical specification of the Service from time to time.
- Your use of any Content or services not provided by us but accessed via our Services or our Network is solely at your own risk and subject to all applicable national and international laws and regolations, as well as any third party terms and conditions notified to you at the time you access such Content or services. We have no responsibility for any third party Content or other services obtained by you on the internet or via our Services. We will not be liable for any loss or damage incurred by your access to or reliance on any such Content supplied by a third party.
- You are solely responsible for evaluating the accuracy and completeness of Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services except in the case of negligence on our part.
- It is a condition of this Agreement that you provide us with a current email address for billing purposes and that you maintain this address and advise us promptly of any changes to it. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence. Your bill will be sent to this email address and you will not be sent a paper bill.
- We reserve the right to add to, substitute, or to discontinue any Additional Services at any time. We do not guarantee the continuing availability of any particolar Additional Services.
- You may ask us to include your Mobile Phone number in a telephone directory and/or a directory enquiry service. However, you shoold be aware that, if you request this service (for which we may charge a fee), your number will be made accessible to companies that compile information for marketing purposes. If you are worried about this, you can prevent it from happening by registering your mobile phone number with the Telephone Preference Service on www.tpsonline.org.uk. If you want your mobile phone number to be included in a directory and or a directory enquiry service, please contact Customer Services.
- Any SIM Card collected by or delivered to you shall at all times remain our property.
- This Agreement commences, following successfol completion of the activation process, when we connect your SIM Card to the Network.
- At the end of the Minimum Period this Agreement will continue until it is terminated in accordance with paragraph 8 below.
Occasionally we may have to:
- a. alter the number of your Mobile Phone, or any other name, code or number associated with the Service for reasons beyond our control such as where requested to do so by a governmental or regolatory body or where we reasonably believe that the alteration will enhance your use of the Service. If this is the case we will give you reasonable notice;
- b. temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for reasons of security; or
- c. bar certain numbers from the Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we woold suffer a direct loss.
- From time to time we may have to migrate your Account from one billing platform to another. In these circumstances we will notify you if migration of your Account will affect the Service in any way.
- Charges for using the Service will be calcolated using the details we have recorded. More detailed charging information can be found in the O2 Price List.
- The total amount for all Charges will be included as a single item on your online bill. You will also be able to access itemised charging information if desired.
- You must pay your monthly bill by the date stated on the bill. For any overdue payments we may charge interest at 2% above the base lending rate of HSBC Bank Plc. Interest is charged on a per annum basis, calcolated daily. We reserve the right to make a charge for our reasonable administration costs which we incur in the case of late payment or non-payment of Charges.
- We cannot set usage limits on your account and you will be liable for all Charges incurred by use of the Service under this Agreement whether incurred by you or anyone else using your Mobile Phone (with or without your knowledge). You must pay the Charges to us or as we direct.
- We will monitor usage of the Service via your account for the purpose of controlling our credit risk and your exposure to fraudolent usage. If usage on your account gives us cause for concern we will attempt to contact you by text message, by calling your Mobile Phone or by email. If we are unable to contact you we may have to restrict use of the Service on your Mobile Phone and/or we will have the right to bar your Mobile Phone from using the Services. You will need to contact us before you can use any of the chargeable aspects of the Service. You may be required to make an interim payment before the Service can be reinstated.
- You are liable for all Charges arising under this Agreement whether incurred by you or anyone else using your Mobile Phone (with or without your knowledge).
- We require you to pay your charges by direct debit. If you are paying by payment card you authorise the payment card company to disclose to us and, under strict obligations of confidentiality, to our sub-contractors and/or agents, details about your payment card account in so far as is necessary in connection with your agreement with us and to inform us if your payment account is terminated or suspended at any time.
- YOUR MOBILE PHONE IS RESTRICTED TO USE ON OUR NETWORK IN THE UNITED KINGDOM. IF YOU TERMINATE YOUR AGREEMENT WITH US, OR DO NOT REMAIN ON ONE OF OUR DEDICATED TARIFFS FOR IPHONE, ONLY THE IPOD FUNCTION ON YOUR MOBILE PHONE WILL WORK. IF YOU ATTEMPT TO UNLOCK YOUR MOBILE PHONE AND USE ON ANOTHER NETWORK, IT MAY BECOME PERMANENTLY UNUSABLE.
- Where tariffs include inclusive allowances which apply to certain calls, texts, data or messages up to a monthly limit, unused inclusive allowances cannot be carried forward from one month to the next unless expressly stated by us. In this context "monthly" or "month" means calls recorded by us within your monthly billing period, which may not equate to a calendar month. Generally, calls, data and messaging will be set against applicable inclusive allowances in the order in which they are recorded by us.
- Unless otherwise stated, monthly charges incurred for periods of less than a month will be calcolated on a pro rata basis.
- Call charging rates which vary according to the time of day are billed according to the time of call initiation.
- Unless otherwise stated, call prices are quoted by the minute and are charged in one second increments. Each call is charged excluding VAT and then rounded up to the nearest penny. VAT is then added where applicable to the total of all charges on your bill. Minimum call charges apply, see www.o2.co.uk for details of this and other charges. Prices are correct at time of going to print but are subject to change.
- You may be charged to receive certain premium rated text messaging services and molti media messaging services. We will not notify you of call charges for premium rate services operated by third parties. Details of these charges and any changes will be available on our website (www.o2.co.uk/support/generalhelp/howdoi/premiumratecalls). Please check these before calling premium rate numbers.
- We may require you to provide us with a deposit as a condition of providing the Service to you or continuing to provide the Service to you. We may hold this deposit until you have paid all sums due to us from you under this Agreement. If you owe us money, we may set off the deposit against any amount due to us. We will refund any deposit we are still holding, on request, on termination of this Agreement or, at our discretion, after three months of continuous on time bill payments. No interest is payable on any deposit held by us.
- You may move to another iPhone tariff at any time, provided that you may only change tariffs a maximum of once per month. Changing tariffs will not affect your Minimum Period. You will not be able to move to a general O2 Pay Monthly tariff. Where you have notified us you wish to move to an alternative iPhone tariff, unless we advise otherwise, your new tariff will commence at the start of your next billing cycle.
- If you change tariffs for any reason any unused allowances will be lost.
- You must use your Mobile Phone, SIM Card and the Service in the way described in any User Guides, or other instructions issued by us.
- a. to provide us with such information as we reasonably request in connection with this Agreement and that all factual information you provide to us is correct;
- b. to take adequate precautions to prevent damage to your SIM Card or unauthorised use or theft of the SIM Card; and
- c. to inform Customer Services as soon as possible by telephone or at firstname.lastname@example.org if the SIM Card or your Mobile Phone is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner and to co-operate with us in our reasonable security and other checks.
You must not use or permit any other person to use the Service:
- a. fraudulently, in connection with a criminal offence, in breach of any law or statutory duty;
- b. to send a call or message, to take pictures or video or send, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax in breach of any Rights or privacy or otherwise unlawfol;
- c. to cause annoyance, inconvenience or needless anxiety, as set out in the Communications Act 2003; or
- d. to generate Artificially Inflated Traffic.
- You must not establish, install or use a GSM Gateway without our prior written consent, which may be withheld at our absolute discretion.
- You must tell us immediately by advising The Data Controller at Telefónica UK Limited, 260 Bath Road Slough SL1 4DX or at email@example.com, if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
- You agree that you are procuring the SIM Card and the Service solely for your own use and that you will not re-sell or otherwise act as any form of distributor in respect of the SIM Card or the Services.
We can at our discretion and without notice bar your SIM Card from making calls (other than to the emergency services) and disconnect it from the Network:
- a. if any of the circumstances in paragraphs 6.3, 6.4, 6.6 or 8.1 apply to you;
- b. in the event of loss or theft or if we have reasonable cause to suspect fraudolent use of a payment card or your SIM Card; or
- c. if you are persistently abusive or make threats or otherwise act illegally towards our staff or property, or that of our agents.
- You must pay an unbarring charge and, if applicable, a re-connection charge if the Service is temporarily barred and/or your SIM Card is disconnected from the Network for the reasons stated in paragraph 8.1. As a condition of unbarring or reconnecting your Service we may require you to authorise a direct debit authority for the payment of Charges.
- If we bar your Service because you break this Agreement, the Agreement will still continue. You must pay all Charges until the Agreement is ended by notice under paragraph 8.2.
In addition to anything else we can do, we can end the Agreement at any time if:
- a. you fail to pay Charges when they are due, including any deposit we have asked for or break this Agreement in any other material way and you do not correct the situation within 7 days of our request;
- b. we have reasonable cause to believe that the Service is being used in a way forbidden by paragraphs 6.3, 6.4 or 6.6, even if you do not know that the Service is being used in such a way and you do not correct the situation within 7 days of our request; or
- c. you are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors or if being a company you go into either voluntary or compolsory liquidation or a receiver is appointed over your assets.
- This Agreement may be ended either by you or us giving at least 30 days' written notice, in accordance with paragraph 7 of the General Terms. You must pay all Charges incurred during the Agreement.
- If this Agreement is ended during the Minimum Period, you must pay us the monthly subscription charges up to the end of that Minimum Period. This does not apply if you end the Agreement for the reasons in paragraph 8.4.
You may end this Agreement by giving us written notice if:
- a. we break this Agreement in any material way and we do not correct the situation within 7 days of receipt of your written request;
- b. we go into liquidation or a Receiver is appointed over our assets; or
- c. we increase charges for calls, messages or data that form part of your inclusive allowance or your Line Rental Charges, or change this Agreement to your significant disadvantage, in accordance with paragraph 9.2 of the General Terms, provided you give us a minimum of 30 days' written notice (and provided you notify us within one month of our telling you about the changes). This does not apply where the increase or change relates solely to Additional Services in which case you may cancel, or stop using, that Additional Service.
- You must tell us promptly in writing, or by email if you change your name or address, or there are any changes to your bank account or payment card arrangements which may affect your payment of the Charges.
In addition to any other rights you have, and subject to paragraph 10.4 below, you may cancel this Agreement without liability for the remaining monthly subscription payments and return your Mobile Phone for a full refund:
- a. within 14 days from the date on which you received your Mobile Phone if you purchased your Mobile Phone from O2 or Apple, provided that if you have activated and used your Mobile Phone during this period you will be required to pay for the cost of any usage you make such as calls, texts or data (including roaming or other usage that may take longer to be billed); or
- b. within 7 Working Days from the date on which you received your Mobile Phone if you purchased your Mobile Phone from The Carphone Warehouse, provided that you have not used your Mobile Phone during this period (use would include, but not be limited to, making or receiving a call, sending or receiving an SMS, MMS or any data, browsing the Internet or using any of the functions of the iPhone (e.g. amending settings, saving any data (including music), adding a contact or appointment, taking a photograph or using an application, in either case described as the "Change of Mind Period". To do this you must return your Mobile Phone, undamaged, with proof of purchase, in the original packaging and complete with all the original parts, together with your email confirming failed activation if applicable, within the applicable Change of Mind Period to the store that you purchased from, or via the applicable returns procedure if you did not purchase in a retail store. If you did not purchase your Mobile Phone direct from O2 you will also need to notify us of the return by contacting O2 Customer Service.
- You may also cancel this Agreement up to 14 days after the date that you successfully activate and we connect your SIM Card to the Network (the "Distance Sales Trial Period") as long as you notify us in writing within this 14 day period, but you will not be able to also return your Mobile Phone. You agree that if you use your SIM card to connect to the Network during the Distance Sales Trial Period then you will lose your right to cancel within the Distance Sales Trial Period and you will be responsible for any Charges incurred.
- If you were within the Minimum Period of an O2 pay monthly agreement at the time you purchased your Mobile Phone and you were permitted to switch to an O2 tariff for iPhone without paying your remaining monthly charges, you agree that you will be transferred back to your previous tariff and required to complete your previous agreement if you cancel this Agreement within the Change of Mind Period or Distance Sales Change of Mind Period.
- Nothing in paragraph 10 affects your statutory rights.
- These terms and conditions supplement the terms and conditions of the Services Agreement that you have entered into.
MARKETING AND OFFERS
- a. The details on our websites or in our advertisements or contained in our marketing material are not offers that you can accept. Your order for the Services is subject to you passing the status, identity and credit checks required by us and acceptance by us of your application for the Services pursuant to paragraph 3(a) of the Services Agreement.
LIMITATION OF LIABILITY
- a. We have no liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service provider and retailer. We do not accept liability for indirect or consequential loss, such as loss of profits, business, costs, expenses (unless such losses were reasonably foreseeable to both of us when this contract was entered into) or any other form of economic loss.
- b. You agree we have no responsibility for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless this is caused by our negligence.
c. Nothing in this Agreement shall exclude or restrict the liability of either party for:
- i. death or personal injury resulting from that party's negligence; or
- ii. fraud or fraudulent misrepresentation.
- d. If we are found liable to you our liability will not exceed £3,000 except under paragraph 3(c).
- e. Nothing in this Agreement shall exclude or restrict the liability of either party in respect of any liability which cannot be excluded or restricted by law.
- f. Each provision of this paragraph 3 operates separately. If any part is found by a Court to be unreasonable or inapplicable the other parts will continue to apply.
a. If the SIM Card or your Mobile Phone is lost, stolen, damaged or destroyed you will be responsible for any Charges incurred until you have informed us. If you have purchased the O2 Insure Premier or any other applicable O2 Insure mobile insurance and you make a claim under the policy for theft of the Mobile Phone which is approved by the insurer or an agent of the insurer, ("the Insurer") we will reimburse you against the cost of unauthorised calls made on the Mobile Phone up to the following limits: Premier policy - up to £3,000: other applicable O2 Insure policy - up to the amount we notify you in connection with that product. In each case these figures include any taxes and network or service provider charges. In return:
- i. you agree to provide the Insurer with an itemised account from your network or service provider clearly showing the unauthorised calls made and their value within 2 months of your discovery of the theft of the Mobile Phone;
- ii. you agree to notify the Insurer of the theft of the Mobile Phone as required by the terms of the Premier or any other applicable O2 Insure policy (as the case may be) in force at the time of the theft and you agree to notify us of the theft of the Mobile Phone when you notify the Insurer under the O2 Insure Premier policy; and
- iii. you agree that the same exclusions set out in the Premier or any other applicable O2 Insure policy (as the case may be) in force at the time of the theft apply, and where they do we will not reimburse you for the cost of the unauthorised calls.
MATTERS BEYOND OUR REASONABLE CONTROL
- a. Except for the obligations under paragraphs 5, 6, 7 and 8 of the Services Agreement, if either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, epidemics, war, civil disorder, industrial disputes, acts of terrorism, acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities, we will not be liable for this.
- a. You cannot transfer the Service to anyone else unless we agree in writing.
- b. We shall be entitled to assign or transfer our rights and obligations under this Agreement or any part of it on the same terms to any third party.
- a. Notice to terminate your Agreement must be in writing and delivered by hand or sent by pre-paid post to us at: Telefónica UK Limited, PO Box 202, Houghton Regis, LU5 5WA. The notification must include the mobile number and account holder signature. You are required to give us 30 days' notice as set out in paragraph 8(b) of the Services Agreement.
- b. Any other notice under this Agreement must be in writing and delivered by hand or sent by pre-paid post, to us at the address given on your bill, or to you at the address stated in your application as your address or any other UK address you supply to us for this purpose.
- c. References in this Agreement to "in writing" include email and notices to us must be delivered to firstname.lastname@example.org or to you at the address stated in your application form as your email address or any other email address you supply to us for this purpose.
- a. If you break this Agreement, and we choose to overlook it, we can still end it if you break this Agreement again and vice versa.
- b. If you do not want your number displayed on receiving handsets call Key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your Mobile Phone number on receiving handsets. Please note your number will be disclosed in relation to calls you make to emergency services.
- c. 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 in any correspondence. If 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 8 weeks or a deadlock situation has been reached.
- d. If you report your Mobile Phone to us as lost or stolen we have the right to prevent it from being used on the Network. We may also exchange the Mobile Phone identity with other network operators who may choose to prevent the Mobile Phone from being used on their networks if applicable.
CHANGES TO THE AGREEMENT
- a. We may change this Agreement and the Charges at any time. Changes will be posted on our website www.o2.co.uk. Please check this regularly for updates.
- b. If we increase the Charges for the elements of the Service you are using or change the terms and conditions of this Agreement to your significant disadvantage (in our reasonable opinion) we will give you 30 days' notice in writing before the changes take place. We will notify you as detailed in paragraph 7 above or we may notify you by text (SMS) to your Mobile Phone number and/or by email.
THIRD PARTY RIGHTS
- a. Third parties cannot benefit from this Agreement under The Contracts (Rights of Third Parties) Act 1999.
- a. This Agreement is governed by English law and is subject to the exclusive jurisdiction of the English courts to which both parties submit.
USE AND DISCLOSURE OF INFORMATION
- a. You agree that we may search the files of credit reference agencies which will keep a record of that search. We may also carry out identity and anti-fraud checks with fraud prevention agencies. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. If you give us false or inaccurate information and we identify or suspect fraud, we will record this. Details of how you conduct your account may also be disclosed to those agencies, law enforcement agencies and other telecommunications companies. The information may be used by us and other parties in assessing applications for and making decisions about credit, credit related services or other facilities and insurance (including motor, household credit, life and other insurances and claims) from you and members of your household and for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention. Information may be used by us and other parties for checking your identity, checking details of job applicants and employees, statistical analysis about credit, insurance, fraud and to manage your account and insurance policies. We may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies whilst you retain a financial obligation to us.
- b. Information held about you by credit reference agencies may be linked to records relating to your financial associate(s). For the purposes of this application you declare that you and your financial associate(s) are financially independent and you request that your application be assessed without reference to any "associated" records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your financial associates that is likely to affect our willingness to offer the Service to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis. For the purpose of this paragraph a "financial associate" is someone with whom you have a financial link, for example, a spouse, partner or family member.
- c. You authorise us to use and disclose, in the UK and abroad, information about you, your use of the Service including, but not limited to, phone numbers and/or email addresses of calls, texts and other communications ("Communications") made and received by you and the date, duration, time and cost of such Communications, how you conduct your account and the location of your Mobile Phone for the purposes of operating your account and providing you with the Service, for credit control purposes, fraud and crime detection and prevention and the investigation and prevention of civil offences or as required for reasons of national security or under law to our associated companies, partners or agents, any telecommunications company, debt collection agency or credit reference agency and fraud prevention agency or governmental agency and other users of these agencies who may use this information for the same purpose as us. You can obtain further details from our public registration held by the Information Commissioner. If you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you or receive a copy (we will charge a fee) of the information we hold about you, please contact us by writing to the Data Controller at Telefónica UK Limited, 260 Bath Road, Slough, SL1 4DX or at email@example.com, stating your full name, address, account number and Mobile Phone number.
- d. Unless otherwise requested you also agree to the information described in paragraph 12(c) being used, analysed and assessed by us and the other parties identified in paragraph 12(c) and selected third parties for marketing purposes including amongst other things to identify and offer you by phone, post, the Network, your Mobile Phone, email, text (SMS), media messaging, automated dialling equipment or other means, any further products, services and offers which we think might interest you. If you do not wish your details to be used for marketing purposes, please write to us c/o The Data Controller, Telefónica UK Limited, 260 Bath Road, Slough, SL1 4DX or at firstname.lastname@example.org stating your full name, address, account number and Mobile Phone number.
- e. Some Services or services provided by third parties may require the disclosure of information about the location of your Mobile Phone. If you do not wish this to be disclosed please contact 1300 from your Mobile Phone. Please note we may pass information about the location of your Mobile Phone to emergency services.
- f. Where you choose to take an insurance policy through us, we will exchange information about you and your account in relation to that policy with the underwriters of the policy and with the administrators of the policy (the "Insurance Providers"). Your personal data will be collected and processed by us, our agents and the Insurance Providers to the extent necessary for providing you with the policy described (such as when making a decision about your eligibility for cover, assessing claims, and carrying out fraud prevention measures). We and the Insurance Providers may also pass information to law enforcement authorities, regulators and the Financial Services or the Telecommunications Ombudsman.
EXPLANATION OF CERTAIN WORDS
a. In the Services Agreement including these General Terms:
- 1. "Additional Services" means optional services which you may choose to take from us, including but not limited to, paid for Bolt On packages, roaming and international services, premium rate services, directory enquiry services, Content and third party services;
- 2. "Agreement" means the Services Agreement incorporating your application details which you have provided to us, the General Terms and the O2 Price List;
- 3. "Artificially Inflated Traffic" means any situation where the flow of calls to any particular revenue share service is, as a result of any activity on or on behalf of the party operating that revenue share service, disproportionate to the flow of calls which would be expected from good faith commercial practice and usage of the network;
- 4. "Broadband Service" means the broadband service from us;
- 5. "Charges" means all the charges associated with the Service described in the O2 Price List;
- 6. "Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including all information accessed via the Internet from time to time;
- 7. "GSM Gateway" means a device (not designed or adapted to be capable of being used whilst in motion) for wireless telegraphy designed or adapted to be connected by wireless telegraphy to the O2 wireless telecommunications network or the wireless telecommunications system of another network operator and used solely for the purpose of sending and receiving messages conveyed by means of the O2 wireless telecommunications;
- 8. "Line Rental Charges" means the monthly subscription charge for your selected iPhone tariff per SIM Card;
- 9. "Minimum Period" means the minimum period for the Service of 18 months (or any other period agreed in writing), from the day on which Service is first provided or from the day on which you take an upgrade;
- 10. "Mobile Phone" means your iPhone which incorporates a SIM Card used by you to receive the Services;
- 11. "Network" means the mobile telecommunication system run by us;
- 12. "O2 Price List" means a list of current Charges, and mobile phone prices containing explanations, notes, descriptions of, and conditions for use of the Service which we publish and update from time to time at www.o2.co.uk;
- 13. "Rights" means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content;
- 14. "Service(s)" means any or all (as the case may be) of the following services: airtime service enabling you to make or receive calls and to send and receive data by means of the Network, the ability to send and receive email via the Internet, the ability to access Content and information from the Internet and any Additional Services we agree to provide to you;
- 15. "SIM Card" means the card which you need to use the Service;
- 16. "Termination Notice" means written notice to terminate this Agreement;
- 17. "User Guides" means any guides or documentation supplied with your Mobile Phone either by us or by the manufacturer of your Mobile Phone which explains to you how the Service works and how to use your Mobile Phone;
- 18. "O2 Web Services" means services provided from our Website www.o2.co.uk and any additional websites linked from our Website;
- 19. "We", "us", "our" or "O2" means Telefónica UK Limited of 260 Bath Road, Slough SL1 4DX. Registered in England and Wales under Company number 1743099 and VAT number GB 778 6037 85;
- 20. "Working Day" means any day other than a Saturday or Sunday on which the clearing banks are open for normal banking business in England;
- 21. "You" means the customer with whom we make this Agreement and includes a person who we reasonably believe is acting with your authority.
- Connection to an iPhone tariff is subject to status, credit-check, payment by direct debit and an 18 month minimum term O2 contract. You can change to another iPhone tariff a maximum of once per month. Please visit o2.co.uk/iPhone for details of how to do this. You are not able to connect or change to a general O2 Pay Monthly tariff if you have an iPhone.
- If you end your contract during the 18 month minimum term, you will be required to pay the applicable monthly charge for your tariff until the end of the minimum term.
- Your bill will be available to view online and you will not receive a paper bill.
- UNLIMITED DATA / WIFI EXCESSIVE USAGE POLICY
Your O2 tariff for iPhone allows you unlimited use of Telefónica UK Limited's Edge / GPRS networks and The Cloud's UK Wireless LAN network and the BT Openzone Wireless LAN network, for personal internet use, email and Visual Voicemail (VVM) on your iPhone only. All usage must be for your private, personal and non-commercial purposes.
You may not use your SIM Card:
- a. in any other device; or
- b. use your SIM Card or iPhone to allow the continuous streaming of any audio / video content, P2P file sharing; or
- c. use them in such a way that adversely impacts the service to other customers of O2 or The Cloud or BT Openzone.
If O2 reasonably suspect you are not acting in accordance with this policy O2 reserves the right to impose further charges, impose network protection controls which may reduce your speed of transmission or disconnect your tariff at any time, having attempted to contact you first.
CALLS AND MESSAGES
Inclusive minutes on O2 Pay Monthly tariffs for iPhone can be used for calls made in the UK to:
- a. standard UK landlines (starting 01, 02 or 03); and
- b. 07 numbers allocated to UK mobile network operators that provide mobile services with substantial national coverage (this currently includes the five major operators O2, Orange, T-Mobile, Vodafone and 3, and providers such as Virgin Mobile, Tesco Mobile and BT Fusion), all provided that O2 may exclude from your inclusive minutes allowance calls made to any number ranges which O2 reasonably believes are being used for call forwarding services, onward calling services or numbers that pay a revenue share.
- All tariffs include access to voicemail menus and voicemail retrieval at no extra charge. Calls to voicemail are not decremented from your inclusive allowance. Visual Voicemail is accessed as part of your inclusive data allowance. Calls to selected telephone helplines are also free of charge and not decremented from your inclusive allowance. A full list can be viewed at: www.o2.co.uk/mobilestariffs/tariffs/freenumbers
Inclusive minutes can not be used for calls made in the UK to:
- a. non-geographic numbers (starting 08, 05) which are charged at 20p per minute, except calls to 0871 numbers which are charged at 35p per minute;
- b. non-standard or "special" 07 numbers (all those 07 numbers that are not specifically included in your inclusive minutes, including 07 numbers allocated to network operators in Jersey, Guernsey and the Isle of Mann), which are charged at 25p per minute, except Jersey, Guernsey and Isle of Mann numbers which are charged at 20p per minute, 076 numbers which are charged at 35p per minute and 070 numbers which are charged at 50p per minute. A list of the 07 numbers which are not included in your inclusive minutes and their charges can be viewed at www.o2.co.uk/mobilestariffs/tariffs/specialnumbers. Please note that it is updated regularly as new number ranges are allocated or we become aware that the use of existing ranges has changed; or
- c. premium rate and directory enquiries numbers where special charges apply.
- As a promotional offer, calls made to "special" 07 numbers (other than 07744, 07755 and 070) will be included in your inclusive minutes allowance until 30 September 2008. If you use these numbers you will be reminded that the promotional period is coming to an end before charges commence.
- Once you have used all your inclusive allowances, any calls made in the UK to numbers which would previously have been included will be charged at 20p per minute
- Any calls made from abroad (including Jersey, Guernsey and the Isle of Mann) or to an international destination from within the UK will be charged at discounted roaming rates with International Traveller Service (ITS) which is included as standard on all iPhone tariffs. These rates can be viewed at: www.o2international.co.uk/.
- Inclusive messages can be used for texts sent in the UK to UK mobiles, and texts sent from abroad. Sending one UK text uses one message and sending one text to the UK from abroad uses four messages.
- Texts sent to international numbers from the UK are excluded from the inclusive message allowance and are charged at 12p with ITS
- Once you have used all your inclusive allowance any messages sent in the UK to UK mobiles be charged at 12 p per message and any messages sent from abroad will be charged at ITS roaming rates.
- Unused inclusive minutes and messages cannot be carried forward one month to the next on any iPhone tariffs. Existing customers transferring to an iPhone tariff will lose any accrued allowances.
- Unless otherwise stated, call prices include VAT, are quoted by the minute, and are charged in one second increments. Each call is charged excluding VAT and then rounded-up to the nearest penny. VAT is then added to the total of all charges on your bill.
- Minimum call charge is 5p for calls outside your inclusive allowance, except calls to premium rate numbers where special charges apply.
- Prices are correct at time of going to print but are subject to change.
INTERNATIONAL TRAVELLER SERVICE (ITS)
- ITS rates are charged in pence per minute rounded up to the nearest penny, and apply all day.
- For calls made abroad minimum charge is one minute, then charged in 15 second increments, rounded up to the nearest penny.
- Calls received while abroad are charged in one second increments, rounded up to the nearest penny.
- Data usage is measured in kilobytes (KB). 1MB = 1024 Kilobytes (KB), 1024 MB = 1 Gigabyte (GB). Data usage is rounded to the nearest kilobyte on a daily basis and charges are rounded up to the nearest 1p.
- You are billed for the amount of data that travels over the data network. Please note that your bill may include charges for re-sent data packets and packets added to control the flow of data over the network.
- Your inclusive data allowance does not cover data roaming. Data roaming rates can be viewed at o2.co.uk/iPhone. Please note that you may be charged significant amounts for data usage if you use your iPhone outside the UK.
- UNLIMITED DATA / WIFI EXCESSIVE USAGE POLICY
Your O2 tariff for iPhone allows you unlimited use of Telefónica UK Limited's Edge / GPRS networks and The Cloud's UK Wireless LAN network, for personal internet use, email and Visual Voicemail (VVM) on your iPhone only. All usage must be for your private, personal and non-commercial purposes.
You may not use your SIM Card in any other device, or use your SIM Card or iPhone to allow the continuous streaming of any audio / video content, P2P or file sharing or use them in such a way that adversely impacts the service to other customers of O2 or The Cloud. If O2 reasonably suspect you are not acting in accordance with this policy O2 reserves the right to impose further charges, impose network protection controls which may reduce your speed of transmission or disconnect your tariff at any time, having attempted to contact you first.
PAID FOR BOLT ONS TERMS
The following Paid for Bolt Ons can be added to your iPhone tariff for £7.50/month each, subject to the terms below:
- a. Unlimited O2 to O2 calls;
- b. Unlimited Weekend calls;
- c. Unlimited landline calls;
- d. 200 extra anytime minutes;
- e. Unlimited texts (not available for customers who purchase their iPhone from the Carphone Warehouse).
- O2 reserves the right to withdraw or amend these offers at any time on reasonable notice. Participating customers will receive 30 days notice via text message if changes are made to their disadvantage.
- You must provide one month's notice to O2 if you wish to cancel your Paid for Bolt On by calling the customer care number on your monthly bill.
- Paid for Bolt Ons are available through O2 Retail, O2 Online and indirect channels unless stated otherwise.
- Customers on eligible tariffs can choose as many Paid for Bolt Ons as they wish from the available selection.
- Paid for Bolt On allowances will be decremented before standard Pay Monthly tariff inclusive minutes and messages.
- If the Distance Selling Regulations apply, once your Bolt On is activated you will not be able to cancel under the Regulations. Your statutory rights are unaffected.
CALL (MINUTE) BOLT ON TERMS
Call (minute) Bolt Ons include:
- a. Unlimited O2 to O2 calls,
- b. Unlimited Weekend Calls,
- c. Unlimited Landline Calls; and
- d. 200 Extra Anytime Minutes.
Call (minute) Bolt Ons include calls to numbers forming part of your tariff's inclusive minutes allowance except as follows:
- a. Calls forming part of the Unlimited O2 to O2 calls Bolt On include calls to other O2 mobiles only;
- b. Calls forming part of the Unlimited Weekend Bolt On include calls between 00:00 am Saturday and 23:59 Sunday only; and
- c. Calls forming part of the Unlimited Landline Calls Bolt On include calls to standard UK landlines only (starting 01, 02 or 03).
All unlimited call (minute) Bolt Ons allow you to make unlimited calls on your mobile phone for private, personal and non-commercial purposes. You may not use your SIM Card:
- a. in, or connected to, any other device; or
- b. in a way that adversely impacts the service to other O2 customers.
- If O2 reasonably suspect you are not acting in accordance with this policy O2 reserves the right to impose further charges or disconnect your Bolt On or tariff at any time, having attempted to contact you first.
TEXT BOLT ON TERMS
- The Unlimited Text Bolt On includes texts sent in the UK to UK mobiles only.
The Unlimited Text Bolt On allows you to send unlimited texts from your mobile phone for private, personal and non-commercial purposes. You may not use your SIM Card:
- 1. in, or connected to, any other device; or
- 2. in a way that adversely impacts the service to other O2 customers. If O2 reasonably suspect you are not acting in accordance with this policy O2 reserves the right to impose further charges or disconnect your Bolt On or tariff at any time, having attempted to contact you first.
- If O2 reasonably suspect you are not acting in accordance with this policy O2 reserves the right to impose further charges or disconnect your Bolt On or tariff at any time, having attempted to contact you first.
These tariff terms apply in addition to the terms of your airtime agreement above.