"If you would like O2 to provide you with the O2 Services then you must agree and keep to the terms of your Contract with O2 so please take the time to read and fully understand all of the Contract details.
"Now before you start please note that when we say "we", "us" and "our" we mean Telefónica Ireland Limited (trading as ‘O2’). Telefónica Ireland Limited is a company registered in the Republic of Ireland under company number 234895 and our registered office is located at 28/29 Sir John Rogerson’s Quay, Dublin 2, Ireland. When we say "you" or "your" we mean you, our customer, who is a party to the Contract with us for O2 Services.
Summary of important requirements before we can provide you with O2 Services
• If you want to be a Prepay Customer then you will need to complete the application process and provide us with any information which we reasonably ask for.
Summary of important things to know about your Contract with O2
Your Contract with O2 for O2 Services is made up of the following:
• The Price Plan chosen by you and the Price Plan Rules which relate to your Price Plan;
• The details provided by you as part of the application process;
• Any other terms which we publish and make available for Additional Services and Add Ons you use; and
• The General Terms for O2 Services.
General Terms for O2 Services
1. When your Contract begins
1.1 As a Prepay Customer your Contract starts when you first use the O2 Services. SIM Cards provided and used by Prepay Customers will be connected to the O2 Network and Prepay Customers can purchase top up credit and use the O2 Services immediately. Provided that you have credit on your Account we will provide you with the O2 Services until either of us decides to end the Contract in the ways allowed in Section 7 below.
2. Changes to Price Plans and changes to the terms of your Contract
2.1 We may make changes to Price Plans and Price Plan Rules (and the way we collect payment) at any time. We may stop providing certain Price Plans and replace them with new Price Plans at any time. We may make changes to the O2 Services or withdraw certain parts of the O2 Services at any time and we can make changes to the Contract or introduce new terms to the Contract at any time.
2.2 We will let you know at least 1 month in advance of changes we make to your Contract by providing details of the changes in the ways allowed by Section 17 below.
2.3 We may need to change your numbers or access details we provide to you as part of the O2 Services. We will let you know if this is the case.
2.4 As a Prepay Customer, if you do not agree with any changes we make, then you are free to stop using the O2 Services. If you do not write to us telling us that you do not agree to the change within 30 days of the date, we notify you then your continued use of the O2 Services as changed by us indicates that you agree to the change.
3. Providing you with the O2 Services
3.1 We will immediately connect you to the O2 Services as soon as your application is completed.
3.2 We will try and provide you with the O2 Services at all times but due to the nature of mobile technology it’s not possible to provide you with an error free or fault free service. We do not warrant or guarantee that the operation of the O2 Services or related O2 products and services will be uninterrupted, secure or fault free or will meet any specific requirements that you may have.
3.3 We will use reasonable efforts to give you access to our roaming mobile networks. This access may be limited by quality and coverage on certain foreign mobile networks and not all services may be available at all times.
3.4 We reserve the right to issue you with reasonable instructions concerning the use of the O2 Services (including the right to restrict certain components of the O2 Services) in the interests of safety, quality of service, other O2 customers or for any other technical or operational reason we think is necessary. If you do not keep to any instructions we provide you, we may either suspend or terminate the O2 Services in accordance with Section 6 (Suspension) or Section 7 (Termination) below.
3.5 We do not warrant, guarantee or endorse any content or Third Party Services you may access or use, and your use of any content or Third Party Service is entirely at your own risk. We will not be responsible for any losses or damages that occur through your access or use of content or Third Party Services. We reserve the right to suspend or terminate the availability of content or Third Party Services at any time.
3.6 We do not guarantee access to content or Third Party Services on the internet and we do not accept responsibility or liability in any way where you access or download content from the internet or upload or transmit content using the O2 Services.
4. Your use of the O2 Services and your obligations to O2
4.1 You must use the O2 Services in accordance with your Contract and any other reasonable instructions we give you (including the instructions contained in the User Guides and in the Acceptable Use Policy).
4.2 You are responsible for the use of the O2 Services and for all Charges that relate to your SIM Card.
4.3 You must not sell to anyone else or commercially exploit any of the O2 Services or access to the O2 Network.
4.4 You must not use the O2 Services for any purpose which we believe is abusive, illegal, fraudulent, a nuisance or for criminal activities.
4.5 You must not use the O2 Services in any way that breaches another person’s rights or in any way that we believe constitutes an interference with the O2 Network or harms the O2 Network.
4.8 Content made available to you or which you access as part of Third Party Services may be protected by copyright and other intellectual property rights. Unless you have the separate permission of the relevant rights holder you are not allowed to edit or change the content, or to copy and distribute the content to any third parties.
5. Charges and paying for the O2 Services
5.1 Details of all Charges for O2 Services are published on Dell NetReady or are available on request.
5.2 As you are a Prepay Customer you pay for O2 Services on a prepay basis by purchasing top up credit which you then add to your Account. The amounts you are charged will be calculated in accordance with the prepay Price Plan chosen by you and the prepay Price Plan Rules which apply. VAT will also be charged if this applies.
5.3 As you use the O2 Services, prepay Charges will apply and your Account will be reduced in accordance with the prepay Price Plan and prepay Price Plan Rules. Top up credit and unused allowances on your Account which are not used will expire and be lost at the end of the period of time they are made available for. Credit and other unused allowances are nonrefundable and cannot be transferred to another person, Account or another device. We may notify you when your Account reaches a certain minimum level.
5.4 If your device and/or access to O2 services is hacked, compromised, lost or stolen you are still responsible for the Charges.
5.5 To protect both you and us against possible fraud, we may limit the maximum amount of credit which can be added to your Account. If a bank fails to honour a debit or credit card payment for your purchase of top up credit then we are entitled to place a charge on your Account. Your Account balance may drop below zero if we apply this charge and you will need to purchase and activate additional top up credit to clear the negative balance on your account.
5.6 If you owe us any amount and you do not pay it when it should have been paid we, may take this from any credit balance on your Account, or from any debit or credit card details you have given us. We may also charge you interest on the unpaid amount on a daily basis at the rate of 2% above the base lending rate of Allied Irish Bank plc. We may also charge you reasonable administration and collection costs as a result of you not paying any amount due to us.
6. Suspending the O2 Services
6.1 We can immediately suspend (that is, bar), restrict or end the provision of the O2 Services (in total or in part) if:
• You do not keep to the terms of your Contract with us (for example, you fail to pay us any Charges when due);
• You do not keep to any legal requirements which may apply to your use of the O2 Services;
• We believe that the O2 Services are being used by you in a way not allowed by your Contract;
• We believe that you have entered into your Contract with us either under or a misrepresentation or fraudulently;
• We believe that the right to use any number or password used in relation to the O2 Services is or has been obtained using a misrepresentation or in an unauthorised, unlawful, improper or fraudulent way;
• You engage in any activity which we reasonably consider is likely to damage the operation or security of the O2 Network; or
• If we are permanently unable to provide the O2 Services to you.
6.2 As a Prepay Customer, then in addition to the circumstances set out in Section 6.1 above, we may suspend (that is, bar), restrict or end the provision of the O2 Services (in total or in part) if:
• You choose not to purchase top up credit or make a chargeable use in respect of your Account for a period of 6 months;
• We believe that when you have topped up (or have attempted to top up) your Account, you have paid or are attempting to pay using a stolen or otherwise barred or false debit or credit card, or if the debit or credit card transaction is at some time charged back to us. We may remove the bar when we have been paid the amount owing to us;
6.3 Where the O2 Services are suspended because you have chosen not to purchase top up credit or make a chargeable use in respect of your Account for a period of 6 months, we will remove any credit on your Account after a further 2 months. However, if you ask us at any stage within 7 months of the date the O2 Services are suspended we will reconnect the O2 Services to you and give you back any previous credit on your Account. If you have not kept to the terms of the Contract or not used the O2 Services for 13 months and we disconnect you from the O2 Services, any credit held on your Account will be immediately lost at the date of disconnection.
6.4 We will try and tell you when we suspend, restrict or end your use of the O2 Services but we are not required to.
7. Terminating and ending the Contract
7.1 As a Prepay Customer you can end the Contract by not using the O2 Services and choosing not to top up your Account at any stage over a 6 month period or if we tell you that there is a modification to your Contract and you do not accept the modification by notifying us in the manner provided at notification of your nonacceptance within 30 days of the date we make publicly known or directly tell you about the modification. No cancellation charges will apply.
7.2 You can also end the Contract if we don’t do something fundamental that we should have done under the Contract.
7.3 We can end the Contract at any time in the following ways
• If the circumstances indicated in Section 6 above allow us to suspend (that is, bar) or disconnect you from the O2 Services and we reasonably believe that the circumstances will not or cannot be promptly fixed or corrected; and
• Upon the giving of reasonable notice to you.
Consequences of the Contract ending
7.4 When this Contract ends we will disconnect you from the O2 Network and you will have to pay us all outstanding Charges which are due to us.
8. Limits and exclusions of liability
8.1 All of our obligations to you for providing O2 Services to you are set out in your Contract.
8.2 We will be legally responsible to you if our negligence causes death or personal injury. We will not be legally responsible to you for:
• loss of income;
• loss of use of the O2 Services;
• lost business or missed opportunities; or
• any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into this Contract with you.
8.3 We will not be legally responsible to you if we
• cannot provide the O2 Services because of something outside of our reasonable control; or
• suspend your use of the O2 Services or terminate your Contract with us for valid reasons allowed by your Contract with us.
8.4 Except for fraud or where our negligence causes death or personal injury, we will not pay more than €3000 or 125% of the Charges paid by you in the previous 12 months, whichever amount is lesser, for each claim or a series of related claims.
8.5 We will use such reasonable skill and care in providing you with the O2 Services as may be expected of a competent mobile telecommunications operator. Except as expressly stated in the Contract, all conditions, terms, warranties and representations whether express or implied by law in relation to the provision of the O2 Services are excluded (to the fullest extent permitted by applicable law). If you are a consumer, the terms of your Contract will not affect any rights which you may have under any law and which we cannot limit or exclude under any contract or agreement with you.
9. Ownership of SIM Card
9.1 You do not own the SIM Card we provide you as part of the O2 Services. We own the SIM Card and we give you a license to use the SIM Card for gaining access to the O2 Services and for no other purpose. The SIM Card must be returned to us if we ask you for it.
10. Acceptable Use Policy
You understand that you are responsible for all uses of the Service (whether authorised by you or not).You must not use, or permit any other person to use, the Service:
• for unlawful or fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
• to send, receive, upload, download, use, reuse or display any material, which is illegal, offensive, threatening, bullying, abusive, indecent, pornographic, defamatory, derogatory, obscene or menacing, a nuisance or a hoax, in breach of any rights of privacy or for the purpose of causing annoyance, inconvenience, or needless anxiety to any other person; or liable to incite racial hatred or unlawful discrimination or otherwise objectionable or injurious to third parties;
• in any way that breaches copyright, trademark, confidence, privacy or infringes the Intellectual Property Rights of others;
• in any way that causes, or is likely to cause, the Network, the Service or access to the Service or Network to be interrupted, damaged or impaired in any way or that may affect the security, integrity or performance of the Service or the Network or the IT systems of O2, or any other person;
• in any way that infringes or impairs other customers' use and enjoyment of the Service;
• to initiate the sending of unsolicited advertising or promotional material including without limitation junk mail, unsolicited messages for commercial or noncommercial reasons;
• to send anything which consists of or contains software viruses;
• other than in accordance with the acceptable use policies of any connected networks or relevant third-party service providers, or any other conditions notified to you;
• to forward, send, transmit or transfer any part of any O2 Content or Third-Party Content to another person;
• exceed any storage limitations or restrictions notified to you in relation to the storage of any material, messages or Content.
If any provision of this Policy is held to be unenforceable in whole or in part, the validity of the other provisions shall not be affected.
We reserve the right to amend this Policy to reflect changes in O2 practices and the legal and regulatory environment in which we operate.
11. Complaints procedure and the O2 Code of Practice
11.1 If you are unhappy about the O2 Services you should contact O2 customer care via www.dell.com/support
. How we handle complaints is detailed in the O2 Code of Practice which is the same code of practise to apply.
11.2 [If, at the end of the complaints process, you feel your complaint has not been properly addressed, you can contact the Commission for Communications Regulation (ComReg). Contact details for ComReg are specified in the O2 Code of Practice.]
11.3 Details on our maintenance services and how to request a refund or compensation from us for failures by us to meet contracted service quality levels are set out in the O2 Code of Practice.
12. Notices under this Contract
12.1 If we need to send you notices under this Contract we may send them by email, via advertisements in the national press, by uploading them to a specific website that will be identified or to any O2 application that you are using as part of the O2 Services.
12.2 If we send you notices by email we will use the contact details you have provided to us as part of the application and registration process. You must tell us about any changes to your contact details.
12.3 We will treat any notices we send you by email as having been received by you within a reasonable amount of time after we send them. We will treat any notices we make via advertisements in the national press or by uploading them to Dell Net Ready or to any O2 application that you are using as part of the O2 Services as having been notified to you from the date of publication.
13.1 This Contract is the complete agreement between you and us and is governed by Irish law.
13.2 We can transfer this Contract to another party at any time. You may not transfer this Contract to another party unless we have agreed in writing beforehand. No other person may benefit from this Contract.
13.3 If either of us delays or fails to enforce our rights under this Contract this will not prevent either of us from taking further action.
13.4 If any of the terms of this Contract are not valid or enforceable this will not affect the other terms. We may replace any term of this Contract that is not valid with a similar term that is.
14. Glossary for defined terms used in the General Terms for O2 Services
"Acceptable Use Policy" means the policy published by O2 on Dell Net Ready that sets out how you may use the O2 Services.
"Account" means your account for the O2 Services which records details of your use of the O2 Services.
"Add On" means an additional credit, which is purchased for particular additional O2 Services.
"Additional Services" means additional services for which a charge is made in addition to the fixed recurring charges specified in your Price Plan.
"Charges" means the charges for O2 Services we publish in our Price Plans. Charges may cover fixed recurring charges, usage charges, contract cancellation charges, one off charges, other applicable charges and charges for Third Party Services.
"Data Modem or USB" means a data card or data modem authorised for connection to Mobile Broadband Services.
"Mobile Broadband Services" means the wireless access to the internet you receive using a SIM card built into your device in conjunction with the O2 Network and our roaming partners network.
"O2 Network" means the mobile communications network used by us to provide you with the O2 Services.
"O2 Services" means the mobile communications services provided by O2 including Mobile Broadband Services and any Additional Services or Add Ons provided to you by O2.
"Prepay Customer" means a customer who pays for O2 Services by means of top up credit.
"Price Plan" means the price plans made available by us for O2 Services chosen by you.
"Price Plan Rules" means price plan rules made available by us for Price Plans chosen by you.
"SIM Card" means the Subscriber Identity Module card provided to you for access and use of O2 Services.
"Third Party Service" means any service promoted or provided by third parties and accessed by you using the O2 Services.
"User Guides" means the O2 guides and documents, which describe how to use the O2 Services provided to you in your application to subscribe to O2 Services."