Please click the above logo to show the Terms and Conditions for the appropriate mobile network.
Mybroadbandshop.co.uk has it's own Terms and Conditions. Please click here to view them.
Mybroadbandshop.co.uk Terms and Conditions
1. Information about usThe website (our "Website") is operated by Micro Peripherals Ltd.
We are a company registered in England and Wales under company number 01511931.
Our registered office is situated at Shorten Brook Way, Altham Business Park, Altham, Accrington BB5 5YJ which is also our main trading address.
Our VAT number is GB864438791.
2. What the words actually mean2.1 When the following words (with capital letters) are used in these Terms, this is what they will mean
Contract means the contract of sale between You and Us, which includes these Terms
Airtime Contract means the terms and conditions of the contract with Your Airtime Service Provider
Default means you have failed to complete your term for your direct debit mandate with the Airtime Service Provider
Delivery and Installation means the delivery and installation services that we provide to you
Goods means the electrical items and accessories that you have purchased from Our Website
Order means Your order for Goods and Delivery, placed on the Website
Premises means the place to which You ask Us to Deliver the Goods
Terms means these Terms and Conditions, which We will update occasionally. Any changes will take effect from the date they appear on the Website and shall only apply to transactions from that date.
We/Us/Our means Micro Peripherals Ltd
You/Your means the person that places the order with Us
3. How the order process works3.1 By placing an Order with Us, You're accepting these Terms, as well as our Privacy Policy and the Terms of Website Use set out below.
3.2 Once You've placed Your Order, We will acknowledge Your Order and confirm availability by e-mail as soon as possible. This is just to let You know that We've received Your Order and one of Our agents will be processing it. It doesn't mean that We've legally accepted Your Order.
Acceptance of Your Order, and the completion of the Contract, will take place when We despatch the Goods to You (or some of them if We're delivering in instalments).
3.3 Certain goods have a minimum legal age limit. By placing your order you confirm that you are aged 18 or over. We reserve the right to carry out further checks to verify your age and if appropriate cancel your order.
3.4 Any goods, services or information displayed on this Website should not be regarded as an offer, invitation, solicitation, advice or recommendation to buy a product or services on the Website.
3.5 Certain promotions have very specific terms and conditions, which will be shown on the description of the item. These are in addition to these Terms, which will also still apply.
4. Product Availability and Website Accuracy4.1 We hold stock of most of Our products but all Orders are subject to availability and accordingly, We can only Deliver Your Goods whilst stocks last. In some cases an order will be placed directly with the Manufacturer and will be subject to their availability.
4.2 If the Goods are unavailable, We will contact You by e-mail or telephone and You will have the option to either wait until the Goods are available, replace them with alternative goods or cancel Your Order.
4.3 Images of products on this Website are for illustrative purposes only. Your Goods may vary slightly from the image shown on the Website and will not include any of the pictured accessories, unless stated in the specification of the Goods.
4.4 We have made every effort to display as accurately as possible the colours of our products that appear on this Website. However, we cannot guarantee that Your monitor's display of any colour will accurately reflect the colour of the actual Goods.
4.5 Whilst we try to be as accurate as possible, all sizes, weights and measurements quoted on this Website are approximate.
5. Prices & Payment5.1 The price You will pay will be the current price at the time You place Your Order with Us. Promotional prices only apply during the period stated.
5.2 Charges for Delivery and Installation are not included in the price of the Goods and will be payable in addition. The Delivery and Installation charge will depend on which Delivery and Installation package You choose. The price will be clearly displayed on Your Order.
5.3 All prices quoted on our Website are in UK pounds and include Value Added Tax at the current rate.
5.4 CUSTOMER NOTICE: Whilst We always try to ensure the accuracy of the prices on Our Website, there will inevitably be rare occasions when We make a mistake. If We discover any errors in the price of Goods before We accept Your Order, We will notify You as soon as possible and give You the option to resubmit Your Order at the correct price, select alternative products or cancel Your Order.
5.5 You can pay for Your Order by Visa, MasterCard, Delta/Connect or Switch. Due to fluctuations in exchange rates, We do accept payment made by credit or debit cards from foreign banks but payment will be charged in sterling.
5.6 We cannot accept cash or cheque on delivery.
6. Delivery & Installation6.1 We can deliver anywhere in mainland Great Britain.
6.2 You will be provided with a delivery date and the relevant contact numbers when Your Order is confirmed. We may call You or send You an email or an SMS to remind You of Your Delivery date.
6.3 Please allow enough time for Your Goods to be delivered. We will always endeavour to deliver the Goods when We said We would but any delivery dates and times are approximate and We shall not be liable for any losses, costs, damages, charges or expenses caused by any delay in Delivering the Goods.
6.4 Deliveries are booked on the condition that there is reasonable access for the safe and prompt delivery of the Goods.
6.5 We will deliver the Goods to the premises You specify as the Airtime Contract address. We will not deliver the Goods to your premises unless there is someone present to accept them. We will ask You (or whoever is at the premises) to sign a delivery note, just to say that the Goods have been received. If someone else accepts delivery and signs our delivery note we will deem this to be acceptance from You.
6.6 Delivery does not include installation of the Goods, unless specified on this Website.
6.7 You should ensure that all manufacturer guidelines are complied with in the use of the goods.
6.8 If You are not at home when We deliver the Goods, We reserve the right to charge You an additional redelivery charge to bring them on another agreed date.
6.9 Products MUST be inspected upon delivery and refused if any damage is found. Failure to notify us of any visible damage may result in claims not being accepted after the item has been signed for. Any visible damage should be identified to the delivery personnel and noted on their delivery note at the time of refusal. In most cases, any damage issue will be resolved by our Customer Services Team.
6.10 It is your responsibility to ensure that you or the person you've nominated to receive the delivery, have signed for the correct number of goods delivered.
6.11 You must not fit or use a product that is incorrect or different to that which was ordered. Failure to comply with this will deem that you have accepted the goods and you will be unable to return or replace them because they are incorrect or different to that which was ordered. Your statutory rights are not affected.
7. Changing your mind7.1 You have the right, to cancel Your Contract either before or up to seven working days after the Goods are Delivered, starting the day after the Goods are Delivered. This must be done in writing, via e-mail, fax or letter to Our contact details.
7.2 Should you choose to cancel the contract, you must have kept the Goods in as new condition.
7.3 Where You cancel your order, delivery charges will not be refunded to You
7.4 When We receive the returned Goods, We will inspect them to ensure all manuals, accessories, free items, software and any other components are within the returned package and that You have taken reasonable care of the Goods. If We receive Goods that You have not taken reasonable care of, We shall charge you a fee equivalent to the reduction in their value. If the Goods have missing manuals, accessories, free items, software or any other components, We shall charge You the cost of these missing items.
7.5 If We are unable to supply Your Goods within 30 days of Your Order, you can cancel and obtain a full refund.
8. Faulty Items8.1 All Goods are covered by a manufacturer's warranty against faulty workmanship and materials, subject to the terms and conditions of that warranty.
8.2 The manufacturer's warranty is provided in addition to the rights that the law says You have as a consumer and accordingly, Your statutory rights are not affected.
8.3 If Your goods do not work or appear not to be working correctly, please first check the manufacturer's instruction book to ensure that they have been installed and are being used correctly.
8.4 If Your Goods are faulty and You wish to make a claim under the manufacturer's warranty please refer to the manufacturers warranty for details of how to claim.
8.6 If an exchange is necessary, this will be arranged without unreasonable delay and without charge
8.7 You should always refer to the manufacturer's operating, care and maintenance instructions in relation to Your Goods.
9. Default9.1 If you Default for whatever reason (other than under the cancellation provisions set out in section 7 above) We reserve the right to collect the goods or charge You for the full RRP of the Goods at the time of supply
9.2 All Goods must be returned in accordance to 7.4 above
9.3 If you Default We reserve the right to use a third party recovery agents
10. Personal Data10.1 We understand that your privacy is important to you. We will always comply with the Data Protection Act 1998.
10.2 Please see our Privacy Policy for details of exactly how we look after your personal data.
11. Liability11.1 The products sold on this Website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.
11.3 We can not accept liability for any consequential loss of profit or indirect losses.
11.4 There are lots of rights that the law says You have as a consumer. Clearly, we're happy to honour all of those rights, plus all those representations that are made about the Goods on this Website. Other than that, We exclude all other warranties (express or implied) to the extent permissible by law.
12. Terms of website use12.1 We and our suppliers are the owners of the copyright, trademarks and all other intellectual property rights in the material and content of this Website.
12.2 You may only use the material contained on this website for your own personal and non- commercial use.
12.3 You agree not to intentionally misuse this Website.
12.4 The Website may contain links to other websites unrelated to us. We are not responsible for the content or practices of these websites.
13. General13.1 Sometimes, there might be things that We can't control that may mean We're delayed in, or prevented from, Delivering Your Goods. These might include things such as accidents, breakdowns, fire, flood, storm, acts of God, war, riot, civil commotion, malicious damage or the default of Our suppliers. We will try to put things right as soon as We can but as You'd expect, We can't be responsible where this causes a delay or failure in Delivering Your Goods. However, We will try to give You as much notice as possible.
13.2 The Contract sets out everything we've agreed about Delivery of the Goods (and anything else mentioned in the Contract) and supersedes any previous agreement we might have discussed or entered in relation to the Contract. As You'd expect, this won't apply if either of us has been fraudulent.
13.3 If either of us decides not to enforce our rights (or we delay in doing so), that won't stop us from enforcing those rights at a later stage.
13.4 This Contract is just between the two of us. Accordingly, nobody else has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the terms of this Contract
13.5 The Goods are only intended for normal domestic use by You as a consumer and not for resale or any kind of industrial or commercial use.
13.6 The terms and conditions for Your Airtime Contract with your Airtime Service Provider can be found on this site
13.7 Because Your Premises is in the United Kingdom and We're based in the United Kingdom, This Contract is covered by English law. In the highly unlikely event of any court action relating to the Contract, we have both agreed that this should take place in the English Courts.
O2 Terms and Conditions
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 O2 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:
(a) we may charge you the reasonable costs of any repair or replacement; and
(b) 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?
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:
(a) 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
(b) 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
(c) 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:
(a) we have not been able to take payment, by the due date, of any money you owe us;
(b) we reasonably believe that you or others (whether under your control or not) are misusing the Services (see our ‘Fair and Acceptable Usage Policy’);
(c) you otherwise breach the Terms;
(d) you are persistently abusive or make threats or otherwise act illegally towards our staff or our property;
(e) 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
(f) 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:
(a) 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);
(b) an event, outside O2’s reasonable control, prevents us from providing the Services for more than thirty (30) days; or
(c) 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: 4
(a) a new invoice has been issued. You are responsible for viewing and taking copies of these invoices; and
(b) 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:
(a) 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;
(b) provide the required information to us (especially during the ordering process) and ensure that this information is always valid, up to date and accurate;
(c) 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;
(d) 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;
(e) 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;
(f) 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
(g) 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:
(a) gains access to your connection to the Services, your computer and other related equipment; or
(b) 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:
(a) Charges payable; or
(b) 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 twelve (12) 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:
(a) relied on any statement you or we made to each other before entering into this contract; and
(b) 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:
(a) 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
6
(b) 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
(c) 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
o2.co.uk
Telefónica O2 UK Limited, 260 Bath Road, Slough, Berkshire
SL1 4DX.
Registered in England and Wales No.1743099. Registered Office as
above.
© Telefónica O2 UK Limited 2008.
3 Terms and Conditions
Terms for 3 Services – key points
Terms for 3 Services – some key points for Pay Monthly Customers only
Terms for 3 Services – some key points for Pay As You Go Customers only
TERMS FOR 3 SERVICES
1.2 We also have set out in the glossary at the back of this section some useful definitions of words we use in these Terms for 3 Services.
Pay As You Go Customers
You can end the agreement for such variations as explained in Section 10. Subject to the above, you will not be able to end the agreement if such variation or increase:
4.2 If we offer a range of Price Plans, you may change from your Price Plan to one of a selected range of other Price Plans on such terms as agreed with us.
Limitation of 3 Services
6.5 You must not use 3 Services, the SIM or 3 phone number or allow anyone else to use 3 Services, the SIM or 3 phone number for illegal or improper uses. For example:
6.6 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of your 3 Services and account. You must only use Handsets and Accessories authorised by us for Connection to the 3 network and also comply with all relevant legislation relating to their use.
6.9 We may put limits on the use of certain 3 Services, such as Messaging Services or Storage Services. For example, we may limit the size of messages or storage space.
9.2 If you are a Pay Monthly Customer, in addition to the circumstances set out in Section 9.1, we may also Suspend any or all of the 3 Services you use without notice if:
9.3 If you are a Pay As You Go Customer, in addition to the circumstances set out in Section 9.1, we may also Suspend any or all of the 3 Services you use without notice:
9.4 We may turn off your Messaging Services if they are inactive for an extended period of time, - we will let you know before this happens. If we do turn off your Messaging Services we will have no obligation to maintain any of the content in your Messaging Services, or to forward any unopened or unsent messages to you, or anyone else.
10.2 We may end this agreement in the following ways:
10.3 Once you are Connected to 3, you can only end this agreement in the ways set out in this Section 10. However, if you are a consumer, any statutory rights which you may have, which cannot be excluded or limited, will not be affected by this section. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
12.3 Nothing in this agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which can’t be limited or excluded by applicable law. If you are a consumer, the terms of this agreement will not affect any of your statutory rights which you have, which cannot be excluded by this agreement. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
12.5 We will not be liable:
12.6 You may be able to use 3 Services:
12.7 This Section 12 will apply even after this agreement has ended.
13.6 Use of “Your Information”
You can ask us at any time for details of the credit reference and fraud prevention agencies to whom we disclose and obtain information about you. Please write to: Credit Referrals, 123 St Vincent Street, Glasgow G2 5EA.
13.7 If you use 3 Services from a country outside the UK it may be necessary to transfer your information to that country. If that country is outside of the EEA, the treatment of your personal information may be subject to laws and regulations applying in that country and which may not protect your information to the same standards applying in the UK and the EEA.
Glossary for Terms of 3 Services and Care3 |
Vodafone Terms and Conditions
1. Please read these Terms and Conditions carefully.
These are the general Terms and Conditions ("Terms") governing your access and use of this internet site ("Site") (whether accessed by you on the web, by WAP or on a PDA). If you do not agree with them you should not proceed any further on the Site or with registration. By continuing to use the Site, you agree to be bound by these Terms.
Your contract with us shall begin upon the earlier of you:
1. completing our registration process and confirming that you have read and accepted these Terms; or
2. viewing, accessing or using any Service offered by us which does not require registration.
We suggest that you print out and keep a copy of these Terms for your records. These Terms shall apply to all of the Services.
In addition to these Terms, there may be additional terms and conditions which apply to individual Services which you will be required to accept when registering for that Service.
2. Use of Services
2.1. The services that we are providing to you via the Site consist of the Content and the Functionalities available on the Site or otherwise provided to you as a result of your use of the Site ("the Services").
2.2. You acknowledge and agree that you are only permitted to use the Site and the Services as expressly set out in these Terms or on the Site.
2.3. We may change these Terms from time to time, provided such changes are reasonable and where possible, we will provide advance notice of major changes to the Service and any changes to the Terms on http://partners/vodafone.co.uk By accessing the Service (with or without registering for the Service) you accept that you are bound by the current Terms on the Service at the time of your access. You should therefore check these Terms each time you use any of the Services.
2.4. Where a third party service or content provider ("Provider") is identified as providing a particular service or application forming part of the Service then you may also be contracting directly with such Provider and your access to and use of that service or application may be subject to additional terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms to the extent they are applicable.
2.5. You agree that the Site and the Services are for your own personal use only on a single computer or device or for internal business use on your employer's computers or devices.
2.6. You, and any persons you allow to use the Service or the Content through your access to the Service, may not:
1. save as specifically authorised by Yes Telecom, copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any part thereof or any information learned by you whilst using the Services or accessing the Site;
2. replicate the Yes Telecom homepage or create a separate border around any part of the Content or Services (also known as "framing");
3. remove, change or obscure in any way anything on the Site and/or the Services or otherwise, save as specifically authorised by Yes Telecom, use any material obtained whilst using the Site and/or the Services except as set out in these Terms;
4. reverse engineer or decompile (whether in whole or in part) any software used in the Site and/or the Services (except to the extent expressly permitted by applicable law);
5. use the Services and anything available from the Services for illegal purposes or in breach of any applicable laws, statutes and regulations or codes of practice;
6. harass, stalk, threaten, impersonate or otherwise violate the rights of others including rights of privacy;
7. collect and process others personal data except in accordance with applicable data protection law;
8. save as specifically authorised by Yes Telecom, copy or use any material from the Site and/or the Services for any commercial purpose;
9. remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site or obtained as a result of the Services.
2.7. Any use of caching, http accelerators such as Harvest, Squid, Netscape proxy or Microsoft Catapult, or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.
2.8. You may establish a link or "deep link" to the Site from your site, provided that you have obtained Yes Telecom's prior written consent and that in Yes Telecom's sole discretion, the context is relevant and the link or its description is not detrimental to Vodafone.
2.9. Users that are not "Authorised End Users" and subscribers to the Vodafone Network/Yes Telecom acknowledge that access to the Site and/or the Services may be restricted at the sole discretion of Yes Telecom in the interest of fully subscribed "Authorised End Users".
3. Your obligations
3.1. You warrant that you will only use the Site and the Services in accordance with these Terms and in an appropriate and lawful manner and by way of example and not as a limitation, that you shall not (and shall not authorise or permit any other party to):
3.1.1. receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, indecent, tasteless, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
3.1.2. circumvent user authentication or security of any host, network or account (referred to as "cracking" or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Vodafone's legitimate web pages (referred to as "page-jacking") or use the Site or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and Vodafone will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
3.1.3. use the Site and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without Yes Telecom's written consent;
3.1.4. knowingly or recklessly transmit any electronic Content (including viruses) through the Site and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Yes Telecom or other Internet users;
3.1.5. hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Site and/or the Services or any other web site, or which is otherwise likely to damage or destroy Vodafone's reputation or the reputation of any third party.
3.2. You acknowledge that chat, discussion group or bulletin board services and similar services offered by Yes Telecom ("Public Communication Services") are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. Yes Telecom is not responsible for, and does not control or endorse any Content of any Public Communication Services.
3.3. If any information provided by you is untrue, inaccurate, not current or incomplete, Yes Telecom has the right to terminate your account and refuse any and all current or future use of the Services or access to the Site.
4. Access information
4.1. Following registration you may be issued with Access Information that may be used to access the Site and/or the Services and any pages for which registration is required. Yes Telecom reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable.
4.2. Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You acknowledge that you are responsible for ensuring that no unauthorised access to the Site and the Services is obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorised or not. When choosing Access Information, you must not use words that are obscene, threatening, menacing, racist, offensive, derogatory, defamatory, abusive or likely to cause offence or in violation of any intellectual property rights or proprietary rights of any third party. If we consider in our sole and absolute discretion that the Access Information selected by you is inappropriate, we reserve the right to reject and prevent your use of such Access Information at any time with or without notice to you.
4.3. You as the registered user of the account will:
4.3.1. keep your Access Information secure and not let it become public knowledge and ensure that your Access Information will not be stored anywhere on a computer or your mobile phone in plain text;
4.3.2. provide true, accurate, current and complete information in all fields indicated as compulsory when registering as an "Authorised User";
4.3.3. inform Yes Telecom immediately if your Access Information becomes known to any other unauthorised user.
4.4. Once you have 'signed-in' to any secure areas of the web-site, where you are requested to provide your Access Information, you must not at any time leave the Internet terminal or device from which you have accessed the Site and the Services or let anyone else use the Internet terminal or device until you have logged out of the secure area of the Site and the Services. You will be responsible for ensuring that you have logged out of the secure area at the end of any session.
4.5. You must not access the Site and the Services from any computer connected to a local area network (LAN) or any public Internet access device or access point without first making sure that no-one else will be able to observe or copy your access or get access to the Site and the Services pretending to be you.
5. Your information
You can visit this Site without disclosing personal information about yourself. If you do disclose personal information its usage will be governed by Yes Telecom's Privacy Policy which forms part of these Terms.
6. Proprietary rights
6.1. All Trade Marks used on the Site and/or the Services are the trade marks of Yes Telecom or a third party whose trade marks Yes Telecom is authorised to use on this Site. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of Vodafone or the Trade Marks or third parties whose Trade marks are used.
6.2. You acknowledge and agree that the Services and the Site or any part thereof, whether presented to you by Yes Telecom, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
6.3. You are only allowed to use the Site and the Services as set out in these Terms and nothing on the Site and/or the Services shall be construed as conferring any licence or other transfer of rights to you of any intellectual property or other proprietary rights of Yes Teleom, any member of the Vodafone Group or any third party, whether by estoppel, implication or otherwise.
6.4. You hereby grant to Yes Telecom a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email, post or otherwise on the Site and/or the Services as Yes Telecom sees fit and without notice to you, unless you have indicated otherwise in such communication.
7. Costs
7.1. Use of the Site is currently free. However, Yes Telecom reserves the right to charge for access to part or the entire Site in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Site and in any accompanying terms and conditions.
7.2. You will need to provide all equipment necessary to access the Site and the Services on the Internet and be liable for payment for the local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Site.
8. Liability for content
8.1. It is your sole responsibility to satisfy yourself prior to using the Site and the Services in any way that they are suitable for your purposes and up to date. The Services and in particular, prices are periodically updated and you should check the Site and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Site and the Services to ensure that you download the most up to date version of the Site and the Services.
8.2. The Site and the Services are provided on an "as is" basis. Although every effort has been made to provide accurate information on these pages, neither Vodafone, nor any of its employees, nor any member of the Vodafone Group, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Site or in the Services.
8.3. You acknowledge that Yes Telecom is unable to exercise control over the security or subject matter of Content passing over the Vodafone Network, the Site or via the Services and Yes Telecom hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.
9. Liability for third party content
9.1. The Site contains links to web site, web pages, products and services also operated by Yes Telecom or the Vodafone Group and you agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services. These Terms shall be deemed to be incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or webpage or attached to the relevant products or services shall prevail over these Terms.
9.2. Yes Telecom assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Site and the Services or which may be linked to and from the Site. Where this site offers, links to or provides information about third party products or services, the information provided in relation to such third party services is proprietary to the relevant third party and Vodafone shall not be liable for any loss or damage caused by any reliance on such information. If any third party products or services are purchased via a link from this site, the purchase of such products and services shall be subject to any terms and conditions stated on the relevant third party site and Yes Telecom shall have no liability in relation to the provision of such third party products and services.
9.3. The Site and/or the Services may be used by you to link into other web site, resources and/or networks worldwide. Vodafone accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such web site, resources and/or networks.
9.4. Subject to Clause 13, you agree that Yes Telecom does not generally and is not required to monitor or edit the use to which you or others use the Site and the Services or the nature of the Content and Yes Telecom is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, Yes Telecom reserves the right to edit, bar or remove any Services and/or Content, at any time as Yes Telecom in its sole discretion believes to be necessary in order to prevent any breach of these Terms or any breach of applicable laws or regulations.
10. Exclusion of liability
10.1. Nothing in these Terms shall act to limit or exclude Yes Telecom's liability for death or personal injury resulting from Yes Telecom's negligence, fraud or any other liability, which may not by applicable law be limited or excluded.
10.2. Yes Telecom shall use its reasonable endeavours to ensure the maintenance and availability of the Site and the Services but availability may be affected by your equipment, other communications networks, and too many people trying to use the Vodafone Network or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
10.3. Neither Yes Telecom nor any member of the Vodafone Group shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Site and in particular, but without limitation to the foregoing, Yes Telecom specifically excludes all liability whatsoever in respect of any loss arising as a result of:
10.3.1. use which you make of the Site and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
10.3.2. defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Site and the Services at any time.
10.3.3 computer viruses or trojan horses downloaded by you from the Content of this Site;
10.4. All conditions or warranties which may be implied or incorporated into these Terms by law or otherwise are hereby expressly excluded to the extent permitted by law.
10.5. Your only remedy under these Terms is to discontinue using the Site and the Services.
10.6. Yes Telecom makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Services.
11. Variation
11.1. Yes Telecom reserves the right to modify the Site and/or the Services or suspend or terminate the Site and/or the Services or access to part or all of them at any time.
11.2. Yes Telecom reserves the right to revise these Terms at any time. Such variations shall become effective two weeks after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms.
12. Indemnity by you
12.1. You hereby agree to fully indemnify and to hold Yes Telecom and our Providers harmless from and against any claim brought by a third party resulting from the use of the Site and the Services or the provision of Content to Yes Telecom by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Vodafone or our Providers in consequence of such use of the Site and the Services or provision of Content or your breach or non-observance of any of these Terms.
12.2. We shall notify you of any claim that we or our Providers receive and you shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Yes Telecom or our Providers arising from the above claims and shall provide Yes Telecom and/or our Providers with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
12.3. You agree that the Content may relate to highly sensitive aspects of Yes Telecom and/or our Provider's business and any loss, misuse or unauthorised disclosure of the Content or any part of it may be damaging to Yes Telecom's and/or our Provider's interests, and that financial compensation may not adequately compensate Vodafone and/or our Provider for any such damage, and accordingly you acknowledge the right of Yes Telecom and/or our Provider to seek injunctive relief, whether interim or final, against you in the event of any breach by you. This right shall be in addition to Yes Telecom's and/or our Provider's other rights in law or in equity.
13. Monitoring/recording of communications
13.1 Monitoring or recording of your calls, emails, text messages or other communications may take place in accordance with the law, and in particular for Vodafone's business purposes, such as for quality control and training, to prevent unauthorised use of Yes Telecom's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.
13.2 You acknowledge that your use of certain Functionalities within the Site may be monitored.
14. Termination
14.1. Yes Telecom may elect to suspend, vary or terminate the Services and the Site immediately and without prior notice at any time for repair or maintenance work or in order to upgrade or update the Site and the Services or for any other reason whatsoever.
14.2. Yes Telecom may elect to terminate the Services or your access to the Site forthwith on breach of any of these Terms by you, including, without limitation, late or non-payment of sums due or if Yes Telecom ceases to offer the Site and the Services to its customers for any reason whatsoever.
14.3 You may end the Services at any time by following the instructions on the Site or by contacting us.
15. General
15.1. Governing Law and Jurisdiction - These Terms are governed by and construed in accordance with English Law and you and we both hereby submit to the non-exclusive jurisdiction of the English courts unless local law prescribes otherwise.
15.2. Severability - These Terms are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms.
15.3. Waiver . Yes Telecom's failure to exercise any particular right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Yes Telecom in writing.
15.4. Representations - You acknowledge and agree that in entering into these Terms you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
15.5. Assignment - You in entering into these Terms undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Yes Telecom forthwith. Yes Telecom may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations in whole or in part to any third party at its discretion without giving you notice.
15.6. Rights of Third Parties - Except in the case of any permitted assignment of this Agreement under Clause 15.5, a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any Clause of this Agreement.
15.7. Force Majeure - Yes Telecom shall not be liable in respect of any breach of these Terms due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Yes Telecom is not responsible.
15.8 Yes Telecom may delay enforcing our rights under these Terms without losing them.
15.9 You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of the Services.
15.10 These Terms (and, where applicable, the relevant additional terms that you accept as part of the registration process for a Service and the Provider terms and conditions) form the entire understanding between you and us concerning your use of the Services and supersede all previous agreements relating to the Services.
15.11 Yes Telecom reserves the right at all times to disclose any information as Yes Telecom deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
16. Definitions
"Access Information" means the access information that we require from you before entering certain parts of the Site for which you have registered, which may be a username, password, your mobile phone number, CLI, IP address or similar recognition device;
"Content" means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics;
"Functionalities" means the services offered on or via the Site, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines and e-commerce facilitators;
"Services" has the meaning given to it in Clause 2.1;
"Trade Marks" means the word or mark " Yes Telecom", however represented, including stylised representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;
"Vodafone" means Vodafone Limited, Vodafone Global Content Services Limited and/or Vodafone UK Content Services Limited whose registered office is at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN and may also be referred to as "we" or "us" in these Terms;
"Vodafone Group" means Vodafone Group Plc and any company or other entity in which Vodafone Group Plc owns (directly or indirectly) more than 15% of the issued share capital;
"Vodafone Network" means the telecommunications system (including fixed line, cellular radio, internet and WAP Site) operated by any company in the Vodafone Group;
"Yes Telecom" means Yes Telco Limited. Registered office: Vodafone House, The Connection, Newbury, Berkshire RG14 2FN. Registered in England and Wales. No: 4012582. May also be referred to as "we" or "us" in these Terms;
"you" means the user of the platform that enters into these Terms (and "your" shall be construed accordingly).
T-Mobile Terms and Conditions
Watch this space! T-Mobile coming soon!