O2 (BT Cellnet) Terms & Conditions

IMPORTANT - YOUR RIGHT TO CHANGE YOUR MIND

You may cancel this Agreement up to 14 days after receiving the Service as long as you return your Mobile Phone undamaged, with proof of purchase, in the original packaging and to the place you bought it from. You will be refunded the price of your Mobile Phone and all Charges other than for the calls you have made. You must pay for all call charges including any international call charges which may take longer to be billed.

1. Explanation of Certain Words
1.1 In this Agreement: "We" and "us" means Telecom Securicor Cellular Radio Limited of 260 Bath Road, Slough SL1 4DX; "Mobile Phone" means a cellular telephone together with its original battery and mains charger (and a SIM Card when referring to GSM service);
"Service" means airtime service enabling you to make or receive calls by means of the Network and any additional services we agree to provide to you;
"Charges" means all the Charges associated with the Service described in the Price List or, where relevant, as agreed by you to be payable under the Supplemental Agreement;
"Agreement" means your application form when accepted, these terms and conditions and our current Price List and any Supplemental Agreement;
"You" means the customer we make this Agreement with and it includes a person who we believe is acting with your authority;
"GSM" is the digital cellular system known as Global System for Mobile Communications;
"Minimum Period" means:
(a) if you are or become registered for BTCellnet's First Programme, the Minimum Period selected by you as part of that programme, if any, (or any other period agreed in writing) calculated from the day on which the Minimum Period under the BT Cellnet First Programme you have selected begins;
(b) if you are not registered for BTCellnet's First Programme, a period of 12 months (or any other period agreed in writing) from the day on which Service is first provided;
"Network" means the cellular telecommunication system run by Telecom SecuricorCellular Radio Limited, the "Network Operator";
"Supplemental Agreement" means your completed registration form or your request to register for BT Cellnet's First Programme, when accepted, and the terms and conditions relating to those elements you choose to take;
"SIM Card" means the card which you need to use the GSM Service.

1.2 The Price List contains explanations, definitions, notes and conditions which form part of this Agreement. You should receive a copy of the Price List shortly after starting Service. Copies can be obtained by calling BTCellnet on 0345 860860. 1.3 You agree that we may search the files of a credit reference agency which will keep a record of that search. Details of how you conduct your account may also be disclosed to that agency. The information may be used by other parties in assessing applications from you and members of your household and for occasional debt tracing and fraud prevention.

2. Provision of Service
2.1 The Service 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 we may ask you to pay a deposit.
2.3 We may use our discretion to refuse to provide any part of the Service to you (other than the making or receiving of calls). Service is described in our Price List. 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 Service generally provided by us for our customers.
2.4 We will do our best to provide Service to you by any date we have agreed with you but we do not guarantee to do so.
2.5 We or our agents may occasionally record or monitor some of our telephone calls for training and quality control. We will not make the recordings available to anybody else and the recordings will not be used for any other purpose.

3. Length of Agreement
3.1 At the end of any Minimum Period, this Agreement will continue until you cancel it in the way described in paragraph 7.5.
3.2 If you have registered for BTCellnet's First Programme but have not selected a Minimum Period, you can end this Agreement at any time by giving us at least 30 days written notice as described in paragraph 7.5, provided you comply with the important conditions explained in paragraph 7.7. Please read paragraph 7.7 carefully.

4. Things we may have to do
4.1 Occasionally we may have to: (a) alter the number of your Mobile Phone, or any other name, code or number associated with the Service; (b) temporarily suspend Service for operational reasons or in an emergency or for your security.

5. Charges for Service
5.1 Charges for using the Service will be calculated using the details we have recorded. As soon as the Network responds call charges will start.
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.
5.4 For overdue payments we may charge interest at 2% above the base lending rate of Barclays Bank.
5.5 We may apply a usage limit to your account (which we may alter by advising you) and suspend your Service if this limit is exceeded.
5.6 You must pay the Charges to BTCellnet, PO Box HK860, Arlington Business Centre, Millshaw Park Lane, Leeds LS11 0ND.
5.7 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.

6. Your Responsibilities
6.1 You must use your Mobile Phone, SIM Card and Services in the way described in the user guides or other instructions issued by us.

6.2 You agree: (a) to take adequate precautions to prevent damage to or unauthorised use or theft of the SIM Card and your Mobile Phone; (b) that the SIM Card shall at all times remain the property of the Network Operator; (c) t o inform our Cust omer Services Depart ment immediately by telephone if the SIM Card or your Mobile Phone is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner.

6.3 If the SIM card or your Mobile Phone is lost, stolen, damaged or destroyed you will be responsible for any Charges incurred until you have informed us.

6.4 You must not use or permit any other person to use the Service to make offensive, indecent , obscene, menacing, nuisance or hoax calls.

7. Ending the Agreement
7 . 1 In addition to anything else we can do, we can end the Agreement at any time if:
(a) you fail to pay Charges when they are due, including any deposit we have asked for, or break this Agreement in any other way; or
(b) we believe that Service is being used in a way forbidden by paragraph 6, even if you do not know that the Service is being used in such a way; and you do not correct the situation within 7 days of our request, or if
(c) 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; or
(d) you fail to confirm any telephone order in writing on our st andard application form(s) within 14 days of your telephone order including where relevant t he Supplemental Agreement.

7.2 We can at our discretion bar your Mobile Phone from making calls (other than to the emergency services) if:
(a) any of the circumstances in paragraph 7.1 apply to you; or
(b) in the event of loss or theft or suspected fraudulent use of your SIM Card or Mobile Phone.

7.3 You must pay a re- connection charge i f the Service is temporarily barred for the reasons stated in paragraph 7.1.

7.4 If we bar your Service because you break this Agreement, the Agreement will still continue. You must pay all Charges until the Agreement is ended by notice under paragraph 7.5.

7.5 This Agreement may be ended either by you or us giving at least 30 days written notice. You must pay all Charges incurred during the Agreement.

7.6 If this Agreement is ended during the Minimum Period, and you are not registered for BT Cellnet's First Programme, you must also pay the monthly subscription charges up to the end of the Minimum Period. This does not apply if you end the Agreement for the reasons in paragraph 7.7. If the First Programme applies to you PLEASE READ PARAGRAPH 7.7 WHERE DIFFERENT OBLIGATIONS ARISE ON TERMINATION OF THIS AGREEMENT.

7.7 This paragraph appli es to you i f you are or become registered for BT Cellnet's First Programme. It is part of the programme that if you end this Agreement by giving notice under paragraph 7.5 above, at any time during your first eleven months as one of our customers, you must give your Mobile Phone to us. The Mobile Phone must belong to you and be in good working order and must be the one specified overleaf, or any replacement or upgrade thereof supplied by us. Once you have given it to us, it will belong to us.

If you are unable to give us your Mobile Phone in this way, or you prefer to keep your Mobile Phone, you must instead make payment to us of an amount not exceeding £200. The precise amount of the payment depends upon when you terminate this Agreement, but will reduce the longer you remain a BT Cellnet customer. This paragraph 7.7 applies whether or not you have selected a Minimum Period as part of the BT Cellnet First Programme.

7.8 You may end this Agreement at any time by giving us written notice if:
(a) any of the things listed in paragraph 7.1(a)-(c) apply to us and we do not correct the situation within 7 days of your request;
(b) we increase any of the Charges for Services you are using or change this Agreement to your disadvantage. In this situation paragraphs 7.6 and 7.7 will not apply.

8. Limitation of Liability
8 . 1 We have no liability ot her than the duty to exercise the reasonabl e skill and care of a competent mobile telecommunications service provider. We do not accept liability for indirect loss, such as loss of profits, business, or any other form of economic loss.

8.2 We accept liability for death or personal injury resulting from our own negligence.

8.3 If we are found liable to you our liability will not exceed £1,000 except under paragraph 8.2.

8.4 Each provision of this paragraph 8 operates separately. If any part is found by a Court to be unreasonable or inapplicable the other parts will continue to apply.

9. Matters beyond our reasonable control
Except for the obligations under paragraphs 5, 6 and 7, if either of us cannot do what we have promised in this Agreement because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities, we will not be liable for this.

10. Changes to the Agreement
We may change this Agreement and the Charges at any time. If we increase the Charges for Services you are using or change this Agreement to your disadvantage we will give you 30 days notice before the changes take place.

11. General
11.1 You cannot transfer the Service to anyone else unless we agree in writing.

11.2 Any notice under this Agreement must be in writing and delivered by hand or sent by pre-paid post to us at the following address, BT Cellnet, Arlington Business Centre, Millshaw Park Lane, Leeds LS11 0NE or to you at the address stated in your application as your address.

11.3 You must tell us promptly in writing if you change your name and address or there are any changes to your bank account or credit card arrangements which may affect your payment of the Charges.

11.4 If either of us breaks this Agreement, and we choose to overlook it, either of us can still end it if the other breaks this Agreement again.

11.5 We may from time to time communicate information and offers to you via the Network and your Mobile Phone.

12. Law and Arbitration
12.1 This Agreement is governed by the laws of England and Wales.

12.2 Any dispute arising under this Agreement which does not involve a complicated issue of law or a sum exceeding £5,000 may be referred to arbitration under the procedures agreed between us and the Chartered Institute of Arbitrators.