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Terms and Conditions - O2 Mobile Broadband (Billpay)

Agreement

These Terms and Conditions, and the Agreement Form (if applicable), the terms and conditions of your Pay Monthly Agreement, the Acceptable Use Policy, and the terms and conditions of your Price Plan(s) constitute a legally binding agreement ("Agreement") between Telefónica O2 Ireland Limited ("we"/"us" or "O2") and the customer named in the Agreement Form ("you" or "Customer"). Words which are defined in your Pay Monthly Agreement and which are used in these O2 Mobile Broadband Terms and Conditions have the same meaning as in the applicable Pay Monthly Agreement, unless the context particularly and expressly requires otherwise.

This Agreement will apply in the manner provided for below, to the provision by O2 of each of the Services listed in the following table:

Data usage in excess of the relevant usage limits is charged at the applicable published rate on O2.ie.

Definitions

In this Agreement the following words and expressions have the following meanings:

• "Acceptable Use Policy" means any policy published by O2 from time to time on O2's website www.o2.ie that sets out certain rules regarding use of the O2 Service;
• "Agreement Form" means the customer authorisation form ("CAF") completed by the Customer to approve registration for the Services including all information and statements contained therein. Your agreement may also be recorded during the telephone or online sales process as the case may be, such verbal agreement to act in lieu of a signed CAF;
• "Business Customer" means a Customer that is not a consumer as defined within section 2.1. of the Consumer Protection Act of 2007 and who successfully completes the application process for Business Customers;
• "Charges" mean the Charges for the applicable Service including but not limited to any monthly rental charges, connection charges, modem charges and any applicable additional usage charges calculated according to the rates prevailing from time to time in the Price Plan(s) applicable and agreed to by the Customer;
• "End-User Licensed Software" means any software, the license 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" license agreement;
• "Equipment", means a USB modem and SIM card and/or any other equipment comprising of software and hardware required or used to access the O2 Mobile Broadband Service;
• "Minimum Term" means a minimum term of 30 days, 12 months or 18 months depending on the Pay Monthly Agreement entered into;
• "O2 Mobile Broadband" means the Service of which the services in Section 1 form part;
• "Order", means an order made by the Customer to O2 for the provision of the Services and includes the Agreement;
• "Pay Monthly Agreement" means your agreement with O2 for post pay mobile telephone services;
• "Price Plans" means the information published from time to time by O2 in respect of the tariffs and rates for the Services and is available at www.O2.ie or upon request; and
• "Service(s)" means for the purposes of these terms and conditions, any of the relevant services chosen by you from the service table set out in Section 1.
• “Termination Charges” means the monthly price plan charge for each month remaining on your contract term during the minimum term of your Agreement as set out on the Agreement Form.

Eligibility and Commencement

• To order the Service you must be resident in Ireland and aged 18 or above.
• Connection to the Service is subject to status, suitability assessment and agreeing to the terms of a Minimum Term Pay Monthly Agreement. If you cancel your Agreement during the Minimum Term you will be required to pay Termination Charges.
• This Agreement shall commence on the date of receipt by O2 of an Order. Use of the Service by the Customer shall be deemed to be an acceptance by the Customer of the terms and conditions of this Agreement.

Service

• We will use reasonable efforts to make the Service available to you at all times. Both quality and availability of the Service are affected by a range of factors. To access the Service using the Equipment you will need to be in an area covering the Services. Up to date information on coverage can be accessed via www.o2.ie.
• There are a range of factors that impact on the speed and quality of network service you will receive, such as signal strength, distance from the local site and the number of simultaneous users on the local site and we cannot guarantee that your connection will reach any specific speeds.
• You must provide O2 with any information that we reasonably request from you to maintain your account, including alternate contact details and you must ensure that this information is valid, up to date and accurate. You must tell us immediately if you become aware of any improper disclosure of your security information or unauthorised use of the Service through your account.
• O2 reserves the right to restrict, modify or block access to the Service if in its reasonable opinion the Service is being used for purposes other than as permitted under this Agreement.

Use of Equipment and Software

• The O2 Mobile Broadband Service shall be provided by way of self-installation in accordance with the guidelines issued by O2.
• The Customer must ensure that any Equipment connected to or used with the O2 Mobile Broadband Service must be connected and used in accordance with all applicable instructions, safety and security procedures as provided by O2.
• The Customer recognises that the Services may be dependent upon or used in connection with, End-User Licensed Software and if the Customer does not accept the licenses 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 Customer accepts the terms of a license in respect of any End-User Licensed Software, those license terms shall take precedence over any terms within this Agreement relating to End User Licensed Software and shall exclusively comprise the Customers sole rights and remedies in respect of such End-User Licensed Software.

Migration

• The following rules apply to changes to the services: Subject to clause 6.2, an existing O2 Mobile Broadband Customer who has completed the first six months of their Agreement can migrate to an alternate O2 Mobile Broadband Price Plan provided their account is up to date and they agree to enter a new Minimum Term Agreement with O2. Where additional eligibility rules apply to a mobile broadband price plan then the additional eligibility requirements must be met before availing of that plan.
• Customers cannot move to the 6 month O2 Broadband 15GB plan or an O2 prepay broadband plan until the Minimum Term of their existing Agreement has expired.
• Existing Customers who wish to move to an alternate O2 Mobile Broadband Price Plan will be required to sign up to a new Agreement with a Minimum Term of 12 or 18 months respectively.
• After connecting to an 6 month O2 Broadband 15GB Price Plan you may change to a different bill pay O2 Mobile Broadband Price Plan at any time.
• Customers may only change their Price Plan a maximum of once per billing cycle with the change taking effect from the beginning of the following billing cycle. If you move from a legacy O2 Mobile Broadband Price Plan you will not be able to move back to your previous Price Plan.

 Data Usage

• Monthly Data Usage limits apply and any usage over the limit applicable to your Service is subject to the then applicable excess charge. Where monthly usage is below the usage limit at the end of the monthly period the difference cannot be carried forward from one billing cycle to the next on any Price Plan.
• Minimum system requirements may apply. See www.O2.ie for further detail.
• Usage limits apply to data usage on the O2 Ireland network only and data usage while roaming is excluded.
• Roaming is restricted on connection to the Service and Customers must contact O2 customer care to request the roaming service. When roaming standard roaming charges will apply, including when you are using Services in Northern Ireland and the United Kingdom.

Charges and Payment

• Unless otherwise stated for Business Customers all Charges quoted are exclusive of VAT. For all other Customers, Charges are quoted inclusive of VAT at applicable rates
• Additional Charges apply if you use the Equipment for services other than the O2 Mobile Broadband Services. The prices shown do not incorporate data roaming rates
• You are liable for all Charges including, but not limited to, connection charges, Equipment, administrative charges, monthly charges, voice, SMS, MMS, data charges and excess data usage charges which may apply when you exceed your data usage limit. For up to date details on the Charges applicable to the Service please refer to the Price Plans. Please be advised that any inclusive data traffic that you receive under existing postpay terms and conditions will not apply and is not transferable to your O2 Mobile Broadband Service.

Term and Termination

• Your Agreement will be for a Minimum Term depending on the Service as specified in section 1 selected by you, during which time you must pay the monthly rental and other Charges.
• This Agreement may be ended either by you or us giving at least 30 days written notice. You must pay all Charges incurred during the Agreement. If this Agreement is ended by you during any Minimum Term you must pay the Termination Charges.
• We may immediately suspend, or terminate your access to O2 Mobile Broadband for due reason, including but not limited to if ;
  • you fail to pay us any Charges due under this Agreement;
  • you breach any of the terms of this Agreement;
  • we are obliged to comply with an order, instruction or request of Government, COMREG, an emergency service organisation or other competent authority;
  • the Customer is subject to bankruptcy, insolvency, examinership, receivership, liquidation, or any similar proceedings or in O2s exclusive opinion is unable to pay the Charges; or
  • for any reason we are unable to provide the Service to you.
  • You are in breach of our Acceptable Use Policy

Liability (Limitation and Exclusions)

• We will have no liability to you (or to anyone claiming through you) for any direct, indirect, special, incidental or consequential loss (including loss of profit) (whether or not foreseeable) suffered as a result of:
• the suspension or non-availability (for whatever reason) of any of the Services;
• the suspension or termination of this Agreement;
• any third party unauthorised access to the Services or Equipment, or for any loss or damage to the Customers own proprietary equipment, hardware, networks or any data stored thereon;
• the failure of the Service due to the incompatibility of the Service with any equipment not supplied by O2; or
• any breach of security, loss of, misappropriation or misuse of data (including without limitation, unauthorised copying of data) or fraud in connection with your use of the Services.
• We will not be liable to you if we are unable to perform our obligations under this Agreement because of any factor outside of our control, including but not limited to Acts of God, industrial action, default or failure of a third party, war or governmental action.
• O2 Mobile Broadband will allow you to access websites offered by third parties. O2 has no control over these sites and is not responsible for their availability, content or subject matter. O2 does not control or select this content and is not responsible for its availability or subject matter. O2's inclusion of this content does not imply any endorsement of the content and O2 accepts no liability whatsoever for this content.
• The internet is a public and open network and O2 makes no warranty as to the privacy of the information you send over the internet or that any websites you access will be free from viruses or any other harmful components. You should take the necessary precautions and security measures to ensure the privacy of any information you send over the internet and to protect against viruses and other harmful components.
• Except as expressly set forth in this Agreement, all conditions warranties and representations implied by statute, common law or otherwise in relation to the provision of the Service are hereby excluded to the fullest extent permitted by law.

Miscellaneous

• This Agreement in respect of the Service takes precedence over all prior agreements (oral or written), and all representations or other communication between you and us. In the event of any conflict between these Terms and Conditions and the Pay Monthly Agreement, the provisions of these Terms and Conditions will prevail. This Agreement shall not be amended except as agreed by an authorised O2 signatory.
• The method for contacting O2 with regard to any dispute you may have is set out in the O2 Code of Practice, found at www.O2.ie. ComReg (or an independent person appointed by ComReg) may resolve disputes related to the Regulations which remain unresolved after due completion of the procedures set out in the Code of Practice. The Regulations may be found at http://www.dcmnr.gov.ie/.
• This Agreement is governed by the laws of Ireland.

Effective: 25th May 2010