O2 Terms & Conditions

Subject to the two paragraphs below, if you are a consumer customer (as defined in the Consumer Protection (Distance Selling) Regulations 2000) who has entered this Agreement via distance means such as via the online shop or over the telephone, you may cancel this Agreement (being both for your airtime and mobile phone) at any time up to 7 working days from the day after the later of entering this Agreement or receiving this Agreement (in the case of an Airtime-Only Upgrade) or the later of entering this Agreement, receiving this Agreement or receiving your Handset Upgrade (in the case of a Handset Upgrade) (the "Trial Period") provided that you give us notice in writing of such cancellation within the Trial Period. Please call our Customer Services team on 0870 111 7200* and we will explain how to do this. We recommend you enclose your Handset Upgrade (excluding the SIM card but including any accessories which were included in the price of your Handset Upgrade) undamaged with your notice of cancellation of a Handset Upgrade, with proof of purchase and the original packaging. If you do not enclose this with your notice of cancellation, you must return it to us within 7 days of notice of cancellation undamaged, with proof of purchase by sending it to the address set out in clause 8.6.1 at your cost. Please enclose the original packaging. It is your responsibility to ensure that the Handset Upgrade is received by us and we recommend using special delivery. If you do not return the Handset Upgrade (excluding the SIM card but including any accessories that were included in the price of your Handset Upgrade), we shall be entitled to charge you for the costs we incur in collecting it from you (which may be substantial) or the value of the missing or damaged items (i.e. the full retail price or the handset-only retail price in the case of the Handset Upgrade). You must make the Handset Upgrade available for collection on our request. Any sums paid by you in respect of the Upgrade (less our costs if we have to collect the Handset Upgrade from you) will be reimbursed within 30 days. Please note this "right to change your mind" does not apply to a customer who purchases the Upgrade for business purposes. This does not affect your statutory rights. Please note that if you cancel the Upgrade your existing contract will not be cancelled and you will still be responsible for all line rental, call or other charges under your existing contract until the expiry of your original minimum period.

You agree that your Upgrade will be effected and the Services will start prior to the end of the Trial Period. You must take reasonable care of the Handset Upgrade until received or collected by us and you are entitled to examine the Handset Upgrade as you would in a shop. However, if you use the Handset Upgrade during the Trial Period, you may lose your right to cancel. Use would include, but would not be limited to using the Network for example by making or receiving a call, SMS or MMS, accessing the Web or downloading, or using any of the functions of the Handset Upgrade for example amending settings, saving any data, adding a contact or appointment, taking a photograph or using an application. If you use your Handset Upgrade whether before or after notifying us of your wish to cancel, you will be responsible for all charges incurred under this Agreement and these may not be refunded. We reserve the right to charge you the value of the Handset Upgrade that has been used prior to receipt or collection by us.

Please note, you will be deemed to have received the Handset Upgrade and this Agreement when we have tried to deliver them to you even if you were not there to collect them.

Please note these terms and conditions are updated from time to time. Changes will be posted on our website at www.carphonewarehouse.com. Please check these regularly as continuing to use the Service after changes have been posted on our website will mean that you agree to these terms as amended.

The supplier of your mobile phone is The Carphone Warehouse Limited (registered no. 2142673), 1 Portal Way, London W3 6RS. The supplier of the airtime is Telefónica O2 UK Limited (registered no. 1743099) of 260 Bath Road, Slough, SL1 4DX.

If these terms are too small for you to read comfortably, larger copies are available from Customer Services on 0870 111 7200* or on-line at www.carphonewarehouse.com. Some sections of these terms are printed in bold to draw your attention to them.

Consumer & Business Customers Pay Monthly Airtime Contract (June 2008)

1. Explanation of Certain Words
1.1 In this Agreement:
"Additional Services" means optional services which you may chose to take from us, including but not limited to, Bolt Ons packages, roaming and international services, premium rate services, directory enquiry services, Content and third party services and if you are a Business Customer services such as installation and field services details of which appear on the O2 Price List;
"Agreement" means this agreement incorporating your application details which you have provided to us, these terms and conditions and the current O2 Price List;
"Airtime-Only Upgrade" means the extension of your existing contract with us without the issue of a new handset;
"AIT" means Artificially Inflated Traffic and occurs where the flow of calls to any particular revenue share service is, as a result of any activity on or on behalf of the party operating that revenue share service, disproportionate to the flow of calls which would be expected from good faith commercial practice and usage of the Network;
"Broadband Service" means the broadband service from O2;
"Business Customer" means a customer who connects to the Service for business use;
"Charges" means all the charges associated with the Service described in the O2 Price List;
"Consumer Customer" means a customer who connects to the Services for their own personal private use and not for business use;
"Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including all information supplied by content providers from time to time;
"CPW" means such member (or members) of The Carphone Warehouse Group plc (registered no. 3253714) group of companies all of 1 Portal Way, London W3 6RS as is (or are), for the time being performing the obligations under this Agreement and/or where the context requires, acting as our agent, until further notice by us;
"Disconnection Notice" means a notice to disconnect one or more SIM Cards from the Services given pursuant to clause 9.8;
"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" licence agreement;
"Equipment" means any equipment supplied to you under this agreement by us, including but not limited to for the avoidance of doubt your Mobile Phone;
"GSM Gateway" means a device (not designed or adapted to be capable of being used whilst in motion) for wireless telegraphy designed or adapted to be connected by wireless telegraphy to the Network or the wireless telecommunications system of another network operator and used solely for the purpose of sending and receiving messages conveyed by means of the network or the wireless telecommunications system of another network operator;
"Handset Upgrade" means a the issue of a new handset to you to use in conjunction with your existing contract with us;
"IMEI" means International Mobile Equipment Identifier (a 15 digit number that uniquely identifies, and is situated on the back of, your Mobile Phone or is obtainable by dialling '*#06#');
"Line Rental Charges" means the monthly subscription charge for your calling plan per SIM Card;
"Minimum Period" means a 6, 12, 18 or 24 month (as the case may be) extension which will be added to any period remaining of your original minimum period under your existing contract from the day on which we accept your order for an Upgrade (in the case of a Handset Upgrade) or the day after your next billing date (in the case of an Airtime-Only Upgrade);
"Mobile Phone" means a cellular telephone or other device provided by CPW and recommended by us for use on the Network;
"Network" means the mobile telecommunication system run by O2;
"O2" means Telefónica O2 UK Limited of 260 Bath Road, Slough SL1 4DX registered in England under company number 1743099;
"O2 Price List" means a list of current Charge containing explanations, notes descriptions of, and conditions for use of the Service which w publish and update from time to time at http://www.O2.co.uk;
"Online billing" means the method by which we may provide customer services and send your bill to your nominated email account if you ask us and we agree to do so;
"Order" means for Business Customers only a request by you for Equipment or Services;
"PIN" means a personal identification number that relates to a customer account that allows full access to all information in relation to that account and further allows the holder of that PIN to make all changes that don't result in the cancellation of an existing contract on the account and/or the entry into a new minimum period contract;
"Rights" means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content;
"Service" means any or all (as the case may be) of the following services: airtime service enabling you to make or receive calls and to send and receive data by means of the Network, the ability to send and receive e-mail via the Internet, the ability to access information from the Internet and any Additional Services we agree to provide to you;
"SIM Card" means the card which you need to use the Service. The SIM card is network specific and is the memory which sits within the Mobile Phone and allows the user access to the Network;
"Termination Notice" means written notice to terminate this Agreement;
"Upgrade" means a Handset Upgrade or an Airtime-Only Upgrade;
"User Guides" means any guides or documentation supplied with your Mobile Phone by us, CPW or by the manufacturer of your Mobile Phone which explains to you how the Service works and how to use your Mobile Phone;
"VAT" means value added tax chargeable under the Value Added Tax Act 1994 (or its successor Acts) and any similar replacement or additional tax;
"WAP Services" means services provided via Wireless Application Protocol (a secure specification that allows users to access Content via handheld devices such as a Mobile Phone;
"Web Services" means services provided from our Website www.o2.co.uk and any additional websites linked from our Website;
"We", "us" and "our" means O2 and/or as the context requires our agent CPW; and
"You" means the customer with whom we make this Agreement with and it includes a person who we reasonably believe is acting with your authority.
1.2 The O2 Price List contains explanations, definitions, notes and conditions which form part of this Agreement. Copies can be obtained by calling 0870 111 7200* or, if you have Online billing, by emailing O2CS@cpw.co.uk.
1.3 All services, offers and promotions are subject to additional terms and conditions advertised on our website www.o2.co.uk and/or in our marketing literature. Please check our site regularly as these terms are updated from time to time.
1.4 Use of WAP Services, Web Services and i-mode services (if any) are subject to our WAP, Web Services and i-mode terms and conditions respectively, available to view on our Website. Please check our Website regularly as these terms and conditions are changed from time to time.
1.5 If you connect to a Blackberry from O2 tariff, separate terms and conditions and charging information will apply and can be viewed on our website www.o2.co.uk.
1.6 Use of the Broadband Service is subject to Broadband terms and conditions available to view on our website www.o2.co.uk/terms. Please check our website regularly as these terms are updated from time to time.

2 Provision of and Use of the Service
2.1 The Service, which may be administered by CPW, is not available in all parts of the United Kingdom nor in all other countries and may be restricted to certain areas within those countries where access to the Service is possible.
2.2 If you wish to make international calls or use our international roaming service we may ask you to demonstrate a satisfactory billing history or to pay a non-interest bearing deposit which may be used to offset the cost of those calls. Unless otherwise stated, if you use your Mobile Phone abroad you will be charged for incoming calls. Roaming calls may also take longer to be billed and you will still be liable for call charges you incur when roaming.
2.3 We may, using reasonable skill and care, exercise our discretion to refuse to provide any part of the Service to you (other than the making or receiving of calls). Service is not fault free and it may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control and you will be entitled to the quality of the Service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care.
2.4 We will do our best to provide the Service and any Additional Service requested by you (such as roaming) or if you otherwise instruct us to change your Service (e.g. to bar calls) by any date we have agreed with you but our ability to do so may be affected by circumstances beyond our control. .
2.5 When your Mobile Phone is connected, it may have been programmed so that you may be barred from using overseas networks and from making international calls or premium rate calls. If you want to have your mobile phone unbarred, then you should call CPW on 0870 111 7200*. It may be agreed to remove this bar after making credit checks and CPW may ask you to pay a non-interest bearing deposit as security against any monies you may owe in the future. You will be charged at international rates for both sending and receiving calls, MMS and SMS when abroad and these are not covered in any inclusive bundle.
2.6 We will allocate a number for use of your Mobile Phone on the Network. The number does not belong to you and may only be transferred to another service provider in certain circumstances (including payment of our costs) details of which are available on request from 0870 111 7200*.
2.7 We or our agents may record or monitor some telephone calls, emails and any other communications between you and us (or our agents) for training and quality purposes.
2.8 We will use reasonable endeavours to maintain the Content but it may be incomplete, out of date or inaccurate and is provided on an 'as is' basis. It is a condition of us allowing you access to the Content that you accept that neither we nor CPW will be liable for any action you take in reliance on the Content.
2.9 We may vary the Content or the technical specification of the Service from time to time.
2.10 The Service enables access to the Content. You may only use the Content in a way that does not infringe the Rights of others ('Approved Use') and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast, or publish any part of Content other than for an Approved Use. The re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited save that you may print or download extracts of the Content for your personal use only.
2.11 You are solely responsible for evaluating the accuracy and completeness of any of the Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services except in the case of negligence on our part.
2.12 If you choose online billing, it is a condition of this Agreement that you provide us with a current email address for billing purposes and that you maintain this address and advise us promptly of any changes to it. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.
2.13 Where you have been provided with a PIN, you agree that it is your responsibility to keep this PIN secret. You understand that allowing a third party to access your PIN will allow such a third party to make full use of the PIN in relation to your account. You agree that you remain responsible for any changes that occur to your account through the use of your PIN, whether such use has been made by yourself or by a third party. If you lose your PIN or if you believe that your PIN has inadvertently been disclosed to a third party, you must immediately notify us so that the PIN can be cancelled and a new PIN be issued (a "PIN Notice"). You remain responsible for all use of your PIN until you have provided us with a PIN Notice by calling us on 0870 111 7200*.
2.14 We reserve the right to add to, substitute, or to discontinue any Additional Services at any time. We do not guarantee the continuing availability of any particular Additional Services.

3 Length of Agreement
3.1 You agree that this document operates to extend your existing contract with us, becomes effective immediately after your request for the Upgrade is accepted by us and continues for the Minimum Period and thereafter. It can be brought to an end on or at any time after the expiry of the Minimum Period under the provisions of Clause 8.
3.2 At the end of any Minimum Period, this Agreement will continue until you cancel it under Clause 8.2, or as otherwise provided in Clause 8.
3.3 If you Upgrade you agree that an extended Minimum Period will apply.

4 Things we may have to do
4.1 Occasionally we may have to:
4.1.1 alter the number of your Mobile Phone, or any other name, code or number associated with the Service for reasons beyond our control such as where requested to do so by a governmental or regulatory body or where we reasonably believe that the alteration will enhance your use of the Service and if this is the case we will give you reasonable notice;
4.1.2 temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for reasons of security; or
4.1.3 bar certain numbers from the Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a direct loss.
4.2 From time to time we may have to migrate your Account from one billing platform to another. In these circumstances we will notify you if migration of your Account will affect the Service in any way.

5 Charges for Service
5.1 Charges for using the Service will be calculated using the details we have recorded. More detailed charging information can be found in the O2 Price List which is available from us upon request by calling 0870 111 7200* or writing to us c/o CPW at the above address.
5.2 Unless you have itemised billing the total amount for all Charges will be included as a single item on your bill.
5.3 You must pay your monthly bill by the date stated on the bill. For any overdue payments we may charge interest at 2% above the base lending rate of HSBC Bank Plc. Interest is charged on a per annum basis, calculated daily. We reserve the right to make a charge for our reasonable administration costs which we incur in the case of late payment or non-payment of Charges.
5.4 We cannot set usage limits on your account and you will be liable for all Charges incurred by use of your Mobile Phone. We may monitor usage of the Service via your account for the purpose of controlling our credit risk and your exposure to fraudulent usage. If usage on your account gives us cause for concern we will attempt to contact you by text message or by calling your Mobile Phone. If we are unable to contact you we may have to restrict service on your Mobile Phone and/or we will have the right to bar your Mobile Phone. You will need to contact us before you can use any of the chargeable aspects of the Service. You may be required to make an interim payment before Service can be reinstated.
5.5 Subject to the provisions of Clause 8.5, you are liable for all Charges arising under this Agreement whether incurred by you or anyone else using your Mobile Phone (with or without your knowledge). You must pay such Charges to us or as we direct.
5.6 We require you to pay your Charges by direct debit. An additional charge may apply if you pay by another method. If you are paying by payment card you authorise the payment card company to disclose to us and, under strict obligations of confidentiality, to our sub-contractors and 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. We are entitled to charge you for any costs which we incur as a result of any non-payment or failure of your direct debit instruction together with any administration costs which arise as a result of us dealing with such non-payment or failure to pay. Details of our current Charges are available by contacting CPW Customer Services on 0870 111 7200* or O2cs@cpw.co.uk and are also available on our website at www.carphonewarehouse.com.
5.7 An additional charge may apply if you elect to receive your bills in paper format and you will be advised if this is the case.
5.8 Where a Mobile Phone is restricted to use on the Network we reserve the right to apply a charge for releasing or unlocking the Mobile Phone. Details of this charge are available by calling CPW Customer Services on 0870 111 7200*.
5.9 Where tariffs include inclusive allowances which apply to certain calls, texts, data or messages ("Inclusive Calls") up to a monthly limit, unused inclusive allowances cannot be carried forward from one month to the next unless expressly stated by us. In this context "monthly" or "month" means calls recorded by us within your monthly billing period, which may not equate to a calendar month. Generally, calls, data and messaging will be set against applicable inclusive allowances in the order in which they are recorded by us. Certain types of calls, such as Roaming calls may take longer to be billed.
5.10 Unless otherwise stated, monthly charges incurred and inclusive minutes allowed for periods of less than a month will be calculated on a pro rata basis.
5.11 Call charging rates which vary according to the time of day are billed according to the time of call initiation.
5.12 Unless otherwise stated, call prices are quoted by the minute, include VAT and are charged in one second increments. Each call is charged excluding VAT and then rounded up to the nearest penny. VAT is then added where applicable and then rounded up to the nearest whole penny. Minimum charges apply and are taken into account in the calculation of your inclusive allowance see www.carphonewarehouse.com for further details and other charges. Prices are correct at time of going to print but are subject to change. You may be charged to receive certain premium rated text messaging services and multi - media messaging services.
5.13 We may require you to provide us with a deposit as a condition of providing the Service to you or continuing to provide the Service to you. We will hold this deposit until you have paid all sums due to us from you under this Agreement. If you owe us money, we may set off the deposit against any amount due to us. No interest is payable on any deposit held by us. We will return any deposit we are still holding, on request, following termination of this Agreement.
5.14 If we provide you with a credit to your account (for example as a goodwill gesture), such credit will be deducted from your Charges in your bills until the credit has been used. These credits cannot be redeemed for cash and any unused credits are non-refundable upon disconnection of your service or termination of this Agreement.
5.15 If you are a Consumer Customer, you may not move to a tariff which offers a lower rate monthly subscription within 9 months of connecting to the Network (if your Minimum Period is 12 months or more) or within your Minimum Period (if your Minimum Period is less than 12 months) (or within any other period agreed in writing) unless you pay us the difference between the monthly subscription on your original tariff and the lower tariff we agree that you may move to. Where we agree that you can change tariffs, unless we advise otherwise, your new tariff will commence at the start of your next billing cycle.
5.14 If you change tariffs for any reason, e.g. when upgrading or moving to a promotional offer, unused allowances will be lost.

6 Your Responsibilities
6.1 You must use your Mobile Phone, SIM Card and the Service in the way described in the User Guides or other instructions issued by us.
6.2 You agree:
6.2.1 to provide us with such information as we reasonably request in connection with this Agreement and that all factual information you provide to us is correct;
6.2.2 to take adequate precautions to prevent damage to or unauthorised use or theft of the SIM Card and your Mobile Phone;
6.2.3 that the SIM Card shall at all times remain our property; and
6.2.4 to inform CPW Customer Services as soon as possible by telephone on 0870 111 7200* if the SIM Card or your Mobile Phone is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner and to co-operate with us and CPW in our reasonable security and other checks.
6.3 You must not use or permit any other person to use, and if you are a Business Customer ensure that your employees do not use, the Service:
6.3.1 fraudulently, in connection with a criminal offence or in breach of any law or statutory duty;
6.3.2 to send a call or message or send, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax, in breach of any Rights or privacy or otherwise unlawful;
6.3.3 to cause annoyance, inconvenience or needless anxiety, as set out in the Communications Act 2003;
6.3.4 to generate AIT; or
6.3.5 to persistently send automated unsolicited communications.
6.4 You must not, and if you are a Business Customer ensure that your employees do not, establish, install or use a GSM Gateway without our prior written consent, which may be withheld at our absolute discretion..
6.5 You must tell O2 and CPW immediately by advising O2 Customer Service at The Carphone Warehouse Limited, 1 Portal Way, London W3 6RS or by e-mail at O2CS@cpw.co.uk if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
6.6 We strongly recommend that you insure your Mobile Phone for its replacement value (including cover against calls made if it is lost or stolen). If your Mobile Phone is lost, stolen damaged, destroyed or used in an unauthorised manner please contact CPW on 0870 111 7200* immediately so that we or CPW can prevent further calls being made from it. You will be responsible for any charges incurred until you have informed CPW in such manner and you will be liable for the monthly (or other periodic) line rental charges thereafter until this Agreement has ended as described in Clause 8.4.
6.7 You agree that you are procuring the SIM Cards, Mobile Phone and Service solely for your own use and that you will not resell or otherwise act as any form of distribution in respect of the SIM Card, the Mobile Phone or the Services.

7 Our Rights to Bar or Disconnect Your Mobile Phone
7.1 We can, at our discretion and without notice, bar your Mobile Phone from making calls (other than to the emergency services) and disconnect it from the Network:
7.1.1 if any of the circumstances in Clauses 6.3 or 8.1 apply to you;
7.1.2 in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a payment card, your SIM Card or Mobile Phone; or
7.1.3 if you are persistently abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or property, or that of our agents; or ;
7.1.4 If you do anything or permit anyone else to do anything which we reasonably think adversely impacts the Service to other O2 customers or may adversely affect the Network.
7.2 You must pay an unbarring charge and, if applicable, a re-connection charge if the Service is temporarily barred and/or your Mobile Phone is disconnected from the Network for the reasons stated in paragraph 7.1. As a condition of unbarring or reconnecting your Service we may require you to authorise a direct debit authority for the payment of Charges.
7.3 If we bar your Service because you break this Agreement, the Agreement will still continue. You must pay all Charges (including those payable under Clause 5) until the Agreement is ended.

8 Ending the Agreement
8.1 In addition to anything else we can do, we can end the Agreement at any time if:
8.1.1 you fail to pay Charges when they are due, including any deposit we have asked for or break this Agreement in any other material way and you do not correct the situation within 7 days of our request;
8.1.2 we have reasonable cause to believe that the Service is being used in a way forbidden by Clause 6.3, even if you do not know that the Service is being used in such a way;
8.1.3 we have reasonable cause to believe that you are or have been in infringement of our Rights; or
8.1.4 you are the subject of a bankruptcy order, or become insolvent, or make any arrangement with or for the benefit of creditors or if, being a company, you go into either voluntary or compulsory liquidation or a Receiver is appointed over your assets.
8.2 This Agreement may be ended either by you or us giving at least 30 days' written notice to the other. You must pay all Charges incurred during the Agreement.
8.3 If you would like to discuss ending your Agreement, please call Customer Services on 0870 111 7200* and we will advise you of the relevant disconnection procedure. You must pay all Charges incurred during the Agreement.
8.4 If this Agreement is ended during the Minimum Period, you must pay us by way of damages for loss of contract, the monthly (or other periodic) charges for the remaining Minimum Period, such payment to be received by us within 7 days of this Agreement ending. If this agreement is ended after Minimum Period has expired, as long as you give us at least 30 days' written notice of your wish to end this Agreement and you have paid us all your monthly subscription fees and other Charges due up until the Agreement ends, you will not be obliged to make any further payments to us. This does not apply if you end the Agreement for the reasons in Clause 8.5.
8.5 Subject to clause 8.6 below, you may end this Agreement at any time by giving written notice to CPW in accordance with clause 16.7 if:
8.5.1 we break this Agreement in any material way and we do not correct the situation within 7 days of receipt of your written request;
8.5.2 we go into liquidation or a Receiver is appointed over our assets;
8.5.3 you are a Consumer Customer and we change this Agreement to your significant disadvantage (in our reasonable opinion) in accordance with clause 12.1, provided you give us a minimum of 14 days' written notice in accordance with clause 16.7 and provided you notify us within 30 days of our telling you about the changes; or
8.5.4 if you are a Consumer Customer we increase Charges for calls, messages or data that form part of your inclusive allowance or your Line Rental Charges in accordance with clause 12.1, provided you give us a minimum of 14 days' written notice in accordance with clause 16.7 and provided you notify us within 30 days of our telling you about the changes. This does not apply where the increase or change relates solely to Additional Services in which case you may only cancel, or stop using, that Additional Service.
Where you end this Agreement in accordance with clause 8.5 above (and it is not excluded under clause 8.6 below), clause 8.4 will not apply.

8.6 Your right to end this Agreement set out in clause 8.5 does not apply if:
8.6.1 the changes to this Agreement made under clause 8.5.3 are made as a direct result of new law or regulation;
8.6.2 the increase to Charges made under clause 8.5.4 are made as a direct result of new law or regulation including or an increase in taxes (including VAT) which we are obliged to add to the Charges;
8.6.3 the increase to Charges made under clause 8.5.4 (calculated as a percentage) is no more than the increase in the Retail Prices Index Figure ("RPI", also calculated as a percentage) for the period from the month of the last increase (if any) to the month before we send you notice of the change; or
8.6.4 the increase to Charges made under clause 8.5.4 is no more than 10%.

8.7 Unless you have ended this Agreement for any of the reasons set out in Clause 8.5 (and not excluded under clause 8.6), if you enter this Agreement and subsequently move onto a lower tariff or fail to fulfil your payment obligations during the Minimum Period, or you end this Agreement for any reason within 9 months (if your Minimum Period is 12 months or more) or within your Minimum Period (if your Minimum Period is less than 12 months) and the relevant tariff includes a subsidised handset, unless you fulfil your obligations under clause 8.4 above, you must in addition to paying any other Charges either:
8.7.1 return the Mobile Phone to CPW by sending it special delivery to Direct Returns, CPW Logistics Centre, Bilston Road, Wednesbury, West Midlands, WS10 7JN by the end of your 30 day notice period; or,
8.7.2 keep the Mobile Phone, in which case you agree to pay CPW the handset-only retail price (up to £400) being the purchase price (the "Purchase Price") of the Mobile Phone and you hereby authorise CPW to take the relevant Purchase Price from your nominated credit or debit card or through such other means as CPW may require in the event that the Mobile Phone is not returned in accordance with clause 8.6.1 above.

9. If you are a Business Customer these terms also apply to you, but these do not apply to Consumer Customers:
9.1 We agree, subject to acceptance by us of an Order, to supply you with the Services and Equipment requested in your Order subject to the terms and conditions of this Agreement, and payment of the Charges. Any alternative terms appearing on or referred to in any other communication, (whether oral, in writing or by electronic means) by you for the purpose of placing Orders shall be ineffective.
9.2 Equipment
a) Unless otherwise stated, we warrant the Equipment will conform in all material respects to the manufacturer's specification for 12 months (but in the case of software 90 days) from the date on which each item of Equipment is dispatched to you (the "Warranty Period").
b) If, within the Warranty Period, the Equipment proves defective under normal use, we shall, at our option, either: repair or replace the faulty Equipment with the same or an equivalent new or refurbished item of Equipment or refund the Charges in respect of the defective or faulty Equipment.("Warranty" If the Equipment is provided to replace Equipment which has failed during its Warranty Period, the replacement Equipment will be provided with its own Warranty Period which shall last for the greater of: i) 3 months from the date on which the replacement Equipment is dispatched to the Customer; or ii) the outstanding period of the original Warranty Period.
c) The Warranty does not apply if you or anyone else (with or without your knowledge) damages the Equipment, or uses it for a purpose or in a context, other than in accordance with O2's or the manufacturer's instructions and advice.
d) Your acceptance of the Equipment shall take place when you take delivery or possession of the Equipment. Risk in the Equipment passes to you upon delivery.
e) Where a Mobile Phone is provided to you then notwithstanding delivery and acceptance, title in the Mobile Phone shall not pass to you and following any upgrade or disconnection we reserve the right to request the safe return of your Mobile Phone to us at your expense.
f) We reserve the right to add to, substitute, or to discontinue any item of Equipment at any time and cannot guarantee the continuing availability of any particular Equipment.
9.3 You agree to pay the Charges in full without any deduction or set off to us within 30 days from date of invoice for such Charges.
9.4 Certain elements of the Service are dependent on you having suitable infrastructure available and/or using an appropriate device. If you are unable to provide suitable infrastructure, or fail to use an appropriate device, then:(a) some of the Services may not function correctly ("the Affected Services"); and(b) O2 reserves the right not to provide you with the Affected Services and shall have no liability for your inability to receive the Affected Services.
9.5 The Minimum Period applies in respect of each SIM Card. During the Minimum Period, unless otherwise agreed in writing by us you may not change tariffs from the tariff that you originally connected to under this Agreement
9.6 You agree that the Services may be dependent upon End-User Licensed Software. Those licence terms shall exclusively comprise your sole rights and remedies in respect of such End-User Licensed Software. If you do not accept the licence terms relating to any End-User Licensed Software, we shall have no liability whatsoever for any failure to provide the Services to you.
9.7 A Disconnection Notice may be given by you in respect of a SIM Card at any time. We will disconnect the relevant SIM Card(s) from the Service within 30 days from receipt of a Disconnection Notice. If you give a Disconnection Notice to take effect prior to the expiry of the Minimum Period, you will pay to us the standard O2 Price List Line Rental Charges (as stated in the O2 Price List at the date of disconnection which are applicable to the tariff to which the SIM Card was connected prior to disconnection) for the period from the date of disconnection of a SIM Card to the end of the Minimum Period in respect of that SIM Card.
9.8 If we increase the Charges to your material disadvantage or we substantially vary these terms to your material disadvantage (other than where such increases in Charges are due to a change in prices, tariffs, terms or otherwise made or requested by third party manufacturers or suppliers, or a regulatory body) and provided you notify us within one month of our telling you about the changes you may terminate this Agreement provided you give us a minimum of 30 days written notice.
9.9 Delivery of the Equipment or the End-User Licensed Software to you may be subject to export control law and regulations. O2 does not represent that any necessary approvals and licences have been obtained or will be granted. You agree to comply with any applicable export or re-export laws, regulations, prohibitions or embargoes of any country, including obtaining written authority from any relevant licensing authority where necessary.
9.10 Nothing in this Agreement shall create, or be deemed to create, a partnership between the parties.
9.11 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.
9.12 This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, proposals, understandings and agreements whether written or oral relating to the subject matter of this Agreement.
9.13 Each party acknowledges and agrees that in entering into this Agreement, it does 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 this Agreement or not) other than as expressly set out in this Agreement. Nothing in this clause shall, however, operate to limit or exclude any liability for fraudulent misrepresentation.
9.14 If any of the provisions of this Agreement is or becomes invalid, illegal or unenforceable, the validity or enforceability of the remaining provisions shall not in any way be affected or impaired. In any such circumstances the parties shall negotiate in good faith in order to agree the terms of a mutual satisfactory provision, achieving as nearly as possible the same commercial effect, to be substituted for the provision which is found to be invalid, illegal or unenforceable.
9.15 The parties will each keep confidential any proprietary information and/or any information obtained from the other in connection with this Agreement (which is reasonably identified by either party as commercially confidential or which is obviously confidential in nature and neither will divulge the same to any third party except such of its employees contractors and agents as may need to know the same for the purposes of the implementation of this Agreement and who agree to be bound by the provisions of this clause without the consent in writing of the other.
9.16 The obligations set out in clause 9.15 shall not apply to any material or information which is in the public domain (other than as a result of a breach of this Agreement); or, already known to the receiving party; or, lawfully received from a third party and/or ordered to be disclosed by any court or other tribunal or regulatory authority of competent jurisdiction.
9.17 Neither party shall be liable to the other in respect of any matter arising out of or in connection with this Agreement in contract or tort or otherwise for any loss (whether direct or indirect) of profit, business, revenue, anticipated savings, goodwill or any loss or corruption of data, or any indirect or consequential loss or damage whatsoever.

10. Limitation of Liability
10.1 Neither we nor CPW have any liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service provider or retailer, as the case may be. If you are a Consumer Customer we and CPW do not accept liability for indirect or consequential loss, such as loss of profits, business, costs, expenses (unless such losses were reasonably foreseeable to both of us when this contract was entered into) or any other form of economic loss.
10.2 You agree O2 has no responsibility for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless this is caused by our negligence.
10.3 Nothing in this Agreement shall exclude or restrict the liability of either party for: (a) death or personal injury resulting from our own negligence or (b) fraud or fraudulent misrepresentation.
10.4 If we or CPW are found liable to you our liability will not exceed (i) where you are a Consumer Customer £3,000 or (ii) where you are a Business Customer the great of £50,000 or your annual Charges up to a maximum of £1million; except under Clause 10.3 and CPW's liability will not exceed the amount actually received by CPW from you in respect of the purchase of your Mobile Phone.
10.5 Nothing in this Agreement shall exclude or restrict the liability of either party in respect of in respect of any liability which cannot be excluded or restricted by law.
10.6 Each provision of this Clause 10 operates separately. If any part is found by a Court to be unreasonable or inapplicable the other parts will continue to apply.

11. Matters beyond our reasonable control
Except for the obligations under Clauses 5, 6, 7 and 8, if either of us cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, epidemics, explosion, war, civil disorder, industrial disputes, acts of terrorism, acts or omissions of persons for whom we are not responsible (including other telecommunication service providers), or acts of local or central Government or other competent authorities, we will not be liable for this.

12. Changes to the Agreement
12.1 We may change this Agreement and the Charges at any time. If we increase our Charges for the elements of the Service you are using or change the terms and conditions of this Agreement to your significant disadvantage (in our reasonable opinion), we will give you 30 days' notice before the change takes place. We will notify you as detailed in clause 16.7 below.
12.2 Changes to the Charges will be posted on our website www.O2.co.uk Please check this regularly for updates. We will not notify you of call charges for premium rate services operated by third parties. Details of these charges and any changes will be available on our website(http://www.o2.co.uk/premiumnumerpricing). Please check these before calling premium rate numbers.
12.3 Changes to the terms and conditions of this Agreement will be posted on our website at www.carphonewarehouse.com. Please check these regularly as continuing to use the Service after changes have been posted on our website will mean that you agree to these terms as amended.

13. Assignment
13.1 You cannot transfer the Service to anyone else unless we agree in writing.
13.2 We shall be entitled to assign or transfer our rights and obligations under this Agreement or any part of it on the same terms to any third party.

14. Use and Disclosure of Information
14.1 You agree that we and CPW may search the files of credit reference agencies which will keep a record of that search. We and CPW may also carry out identity and anti-fraud checks with fraud prevention agencies. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. If you give us or CPW false or inaccurate information or we or CPW identify fraud, we or CPW will record this. Details of how you conduct your account may also be disclosed to those agencies, law enforcement agencies and other telecommunications companies. The information may be used by us and CPW and other parties in assessing applications for and making decisions about credit, credit related services or other facilities and insurance from you and members of your household and for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention. Information may be used by us and CPW and other parties for checking your identity, statistical analysis about credit, insurance, fraud and to manage your account and insurance policies. We and CPW may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies whilst you retain a financial obligation to us and CPW.
14.2 Information held about you by credit reference agencies may be linked to records relating to your financial associate(s). For the purposes of this application you declare that you and your financial associate(s) are financially independent and you request that your application be assessed without reference to any "associated" records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your financial associates that is likely to affect our willingness to offer Service to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis. For the purpose of this clause a "financial associate" is someone with whom you have a financial link, for example, a spouse, partner or family member.
14.3 You authorise us and CPW to use and disclose, in the UK and abroad, information about you and your use of the Service (including, but not limited to, phone numbers and/or email addresses of calls, texts and other communications "Communications" made and received by you and the date, duration, time and cost of such Communications), how you conduct your account and the local of your mobile Phone for the purposes of operating your account and providing you with the Service for credit control purposes, fraud and crime detection and prevention and the investigation and prevention of civil offences as required for reasons of national security or as required by law or to our associated companies, partners or agents, any telecommunications company, debt collection agency or credit reference agency and fraud prevention agency or governmental agency and other users of these agencies who may use this information for the same purpose as us and CPW. We may also use your information for the purpose of testing our internal systems and developing new products and services. You can obtain further details from our or CPW's public registration held by the Information Commissioner. If you wish to have details of the credit reference or the fraud prevention agencies from whom we and CPW obtain and with whom we record information about you or receive a copy (we or CPW will charge a fee) of the information we or CPW hold about you, please contact us or CPW by writing to the Data Controller at The Carphone Warehouse Customer Care, 1 Portal Way, London W3 6RS or by email at O2CS@cpw.co.uk stating your full name, address, account number and Mobile Phone number.
14.4 You also agree to the information described in Clause 14.3 being used, analysed and assessed by us and CPW (including, without limitation, CPW's fixed line telephony and insurance companies) and the other parties identified in Clause 14.2 and selected third parties for marketing purposes including amongst other things to identify and offer you by phone, post, the Network your Mobile Phone, email, text (SMS), media messaging, automated dialling equipment or other means, any further products, services and offers which we or CPW think might interest you. If you do not wish your details to be used for marketing purposes, please write to us or CPW c/o The Data Controller, The Carphone Warehouse Customer Care, 1 Portal Way, London W3 6RS or by email at O2cs@cpw.co.uk stating your full name, address, account number and Mobile Phone number. Please note: this will not affect any marketing consent which you have already given to any of the companies referred to in this Clause 14 in respect of agreements relating to other products and/or services.
14.5 Some Services or services provided by third parties may require the disclosure of information about the location of your Mobile Phone. If you do not wish this information to be disclosed please dial 1300 on your Mobile Phone. Please note we may pass information about the location of your Mobile Phone to the emergency services.
14.6 CPW may pass your title, forename, surname, address, home contact number, handset make, handset model, IMEI of handset and mobile number to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact you in the event that you lose your Mobile Phone or it is stolen from you. MEND/SEND will only use your information for the purposes of recovering or repatriating your Mobile Phone and for the investigation of crime relating to your Mobile Phone. MEND/SEND may make your information available to carefully selected third parties (who will include the police) to assist in the provision of the MEND/SEND services where reasonably necessary and for no other reason. Please contact CPW at the above address if you do not want your information to be passed to MEND and/or SEND or other third parties. PLEASE NOTE: Once you have been registered with MEND and SEND, it is your responsibility to ensure that you notify any change of mobile phone to MEND and SEND to ensure that there is no interruption of their service to you.
14.7 Where you choose to take an insurance policy through us, we will exchange information about you and your account in relation to that policy with the underwriters of the policy and with the administrators of the policy (the "Insurance Providers"). Your personal data will be collected and processed by us, our agents and the Insurance Providers to the extent necessary for providing you with the policy described (such as when making decision about your eligibility for cover, assessing claims, and carrying out fraud prevention measures). We and the Insurance Providers may also pass information to law enforcement authorities, regulators and the Financial Services or the Telecommunications Ombudsman.

15. Internet Access
15.1 If you have a Mobile Phone, which enables access to the Internet ("Mobile Internet Phone") the following terms and conditions also apply to you.
Certain parts of the Service are only available if you register with O2 Online, an internet service provider at http://www.O2.co.uk. The terms and conditions of the Internet service may be obtained by accessing the website.
15.2 We or our contractual partners may provide links to other web sites or resources. We neither accept responsibility for third party websites or resources nor endorse their content.
15.3 For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service ("Information") whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Information originated. This means that you, and not us, are entirely responsible for all Information that you upload, email or otherwise transmit via Internet access.
15.4 Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Phone on or via the O2 Online website, or otherwise, unless explicitly stated by us, are solely between you and the person with whom you are dealing. Neither we nor CPW will be responsible for any losses or damages that may arise from any such dealings with third parties.
15.5 Access to secure financial transactions will be dependant on the make and model of your Mobile Internet Phone and the third party supplier of Content.

16. General
16.1 When you use your Mobile Phone, the identity of your Mobile Phone number may be sent through the networks so as to be identified to the phone being called. It may be used to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion. The identity of your mobile phone number will always be sent if calling 999 or 112.
16.2 If the facility to eliminate the presentation of the number of an incoming call is made available, we may charge you for the use of such a facility at the price as stated in our tariff guide from time to time where we consider your use of such facility to be unreasonable. . If you do not want your number displayed on receiving handsets call Key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your Mobile Phone number on receiving handsets. Please note your number will be disclosed in relation to calls you make to emergency services.
16.3 If you report your Mobile Phone to us as lost or stolen we have the right to prevent it from being used on the Network. We may also exchange the Mobile Phone identity with other cellular network operators who may choose to prevent the Mobile Phone from being used on their networks.
16.4 If you break this Agreement and we choose to overlook it, we can still end it if you break this Agreement again and vice versa.
16.5 For your own protection, you must keep confidential the electronic serial number of your mobile phone, any lock code(s) associated with your mobile phone, your voice mail access number, and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence.
16.6 We and CPW make 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 and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to the digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed. Please also read carefully the instructions provided with your Mobile Phone. Depending upon the manufacturer and model, your mobile phone may send information stored on it and receive information to and from certain third parties without your knowledge. If you use your Mobile Phone to access the Internet, please note that 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.
16.7 If we or CPW need to send notices to you or you to need to send notices to us or CPW these must be in writing and can be delivered by hand or first class post to us at the address given on your statement or to you at the address a stated in your application form or any other UK address you supply to us for this purpose and will be deemed to have arrived at their destination 48 hours after posting. Notices may also be sent by email, and must be sent to us or CPW, at the address we notify to you by email, or to you, at the address stated in your application form or given to CPW on the phone or any other email address that you supply to CPW for the purpose and notices given by email shall be deemed to have been delivered the day after the day the notice is sent. We may also send notices to you by SMS which must be sent to your mobile phone number and notices given by SMS shall be deemed to have been delivered the day after the day the notice is sent. All references in this agreement to "in writing" include by SMS.
16.8 We, CPW or either of our agents may monitor or record your calls, emails or text messages for our lawful business purposes, such as quality control and training, to prevent unauthorised use of O2's telecommunications systems, to ensure effective systems operation and in order to prevent or detect crime.
16.9 We may charge you for inclusion of your information in any publicly available telephone directory or as part of any directory information service at the price as stated in our tariff guide from time to time. However, you should be aware that, if you request this service (for which we may charge a fee), your number will be made accessible to companies that compile information for marketing purposes. If you are worried about this, you can prevent it from happening by registering your mobile phone number with the Telephone Preference Service on www.tpsonline.org.uk.
16.10 Risk in the SIM Card passes to you upon delivery. However, the SIM card does not belong to you. We may change your SIM card. Your SIM card must be returned in good condition to us if we change it or when this Agreement comes to an end. Unless you have ended this Agreement for any of the reasons set out in Clause 8.5, you will have to pay for SIM cards or replacement SIM cards at the price as stated in our tariff guide at that time.
16.11 You must tell us promptly in writing if you change your name and address or there are any changes to your bank account or payment card arrangements which may affect your payment of the Charges.
16.12 You may address any complaints in writing to: The Carphone Warehouse Customer Care, 1 Portal Way, London W3 6RS or if you have opted for on-line billing email O2cs@cpw.co.uk. Please include your Mobile Phone number in any correspondence. If you are a Consumer Customer and CPW do not resolve your complaint, you may contact the Telecommunications Ombudsman. You can find their details at www.otelo.org.uk. Your complaint will then be covered by O2's membership of Otelo. However, Otelo will only deal with your complaint if it remains unresolved 12 weeks after a deadlock situation has been reached.
16.13 This Agreement is subject to English law and is subject to the exclusive jurisdiction of the English courts to which both parties hereby submit
16.14 Except in the case of any permitted assignment of this Agreement under Clause 13, 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. You, we and CPW are all parties to this Agreement.
16.15 Calls to our telephone numbers will be charged at standard rates and may be monitored or recorded.

17. SIM card- if you buy a 'SIM Only' package from us
If you buy a SIM card only package from us your current mobile phone may be latched to another network you may need to obtain an unlatching code from your current network operator and service provider. The unlatching code is not the same as your PIN code. Failure to enter the correct unlatching code may result in your mobile phone becoming permanently blocked. We accept no responsibility for mobile phones blocked in this way or for any costs incurred in the provision of an unlatching code.

*Daytime calls cost up to 8p plus 6ppm from BT lines Mon-Fri. Mobile and other providers' charges may vary.

19th February 2009