SIM Only Upgrade to Refresh After 3 Months terms and conditions

SIM Only Upgrade to Refresh after 3 months (the "Offer") is available to Eligible Customers only.

You're an 'Eligible Customer' if:

1. you're an existing consumer Pay Monthly customer on a Sim Only tariff  who signed or resigned your current tariff more than three months ago but no longer than 12 months ago;
2. you wish to take an O2 Refresh tariff (consisting of a Device Plan' and an 'Airtime Plan') from us (see full terms at O2 Refresh - Device Plan and terms and conditions); and
3. You are eligible for O2 Refresh (subject to credit status, eligibility and Refresh terms).

The Offer is not available if you want to sign up to another Sim Only tariff or a non-O2 Refresh Pay Monthly tariff.

1. If you are an Eligible Customer, and you accept all of the terms and conditions of the Offer listed here, we will allow you to end your existing Pay Monthly Sim Only contract early and upgrade.
2. Before you can end your existing contract under this Offer you must:
   1. Take out a new 24 month term O2 Refresh tariff consisting of a Device Plan and an Airtime Plan on our standard Pay Monthly Mobile Agreement; and
   2. Understand and agree that if you change your mind you won't be able to go back to your previous Sim Only tariff. However, you'll still have the right to change your mind about the device or cancel completely as set out in paragraph 8 below.
3. The Offer is available for Eligible Customers in O2 Shops and Customer Services over the phone. The offer is not available online or through third party distributors.
4. For the avoidance of doubt, you will not be able to take this Offer if you are signing up for a new Sim Only tariff or a new handset tariff not on O2 Refresh.
5. If you are not an Eligible Customer then you will not be able to take the Offer and will need to pay the full remaining monthly subscription charges for the remainder of your minimum term if you wish to end your contract during your minimum term.
6. If you take up the Offer, any unused call/text allowances on your current tariff will be lost. You won't be able to move back to your old tariff after you've upgraded.
7. When you take an O2 Refresh Device Plan through the Offer, you can change your mind about which device you take in the first 14 working days or you can cancel your entire O2 Refresh package (both Device Plan and Airtime Plan) as part of our standard 'Change Your Mind' policy. This means you can:
   1. change your device for a different device available on O2 Refresh (which may involve signing up to a different Device Plan); or
   2. subject to paragraphs 10 and 11 below, cancel both the Airtime Plan and Device Plan, get a refund on any upfront payment you may have made for your device and return the device to us.
8. If you decide to cancel, we won't be able to put you back on your old tariff.
9. If you're cancelling, you'll still be responsible for any usage charges you've incurred.
10. You also have 14 days to change your mind about buying the device on the Device Plan credit agreement. You can't return the device to us after the 14 day Change Your Mind period ends so if you withdraw from your Device Plan credit agreement you'll need to buy the device outright. You can still carry on with your Airtime Plan.
11. This Offer cannot be used in conjunction with any early upgrade eligibility you may have as part of O2 Rewards.
12. You may also be able to get money for your old device by trading it in with O2 Recycle.
13. O2 may withdraw or amend this Offer at any time and will post details on our website. Please check o2.co.uk for up-to-date information.
14. O2 Sim Only and O2 Refresh terms and eligibility criteria apply see o2.co.uk/termsandconditions.
15. In the event of fraud, abuse, and/or an error affecting the proper operation of this Offer, and where circumstances make this unavoidable, O2 reserves the right to end or suspend the Offer; amend these terms & conditions; and / or declare void the notification of customers.
16. If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
17. Owing to circumstances outside its reasonable control and only where circumstances make this unavoidable, O2 reserves the right to suspend, cancel or amend the Offer and/or review and revise these terms and conditions at any time without giving prior notice and by continuing to take part in the Offer subsequent to any revision of these terms and conditions, entrants shall be deemed to have agreed to any such new or amended terms.
18. The Offer is governed by English Law and is subject to the exclusive jurisdiction of the English and Welsh courts.