Laptop & Broadband Bundles

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					Laptop & Broadband Bundles
Please note that your contract with O2 for the Consumer Laptop Bundle price plan is
made up of the follow sections below:

Section 1: The O2 Mobile Broadband Service terms and conditions.

Section 2: The O2 Consumer Laptop - equipment terms and conditions.

It is important to us that you fully understand your contract relationship with us so
please take time to read the contract documents.

Section 1: O2 Mobile Broadband Service Terms & Conditions for
Consumer Laptops

   1. Agreement

These Terms and Conditions, and the Agreement Form (if applicable), the terms and
conditions of your Pay Monthly Agreement, the Acceptable Use Policy, and the terms and
conditions of your Price Plan(s) constitute a legally binding agreement ("Agreement")
between Telefónica O2 Ireland Limited ("we"/"us" or "O2") and the customer named in
the Agreement Form ("you" or "Customer"). Words which are defined in your Pay
Monthly Agreement and which are used in these O2 Mobile Broadband Terms and
Conditions have the same meaning as in the applicable Pay Monthly Agreement, unless
the context particularly and expressly requires otherwise.
This Agreement will apply in the manner provided for below, to the provision by O2 of
each of the Services listed in the following table:

Service Name
O2 Clear      means the O2 Service which offers the Customer up to 10GB data usage
Broadband 18 per month, subject and pursuant to an 18 month Minimum Term Pay
              Monthly Agreement.
O2 Clear      means the O2 service which offers consumers purchasing a laptop and
Broadband     mobile broadband bundle on a consumer bill pay plan up to 10GB data
Laptop Bundle usage per month, subject and pursuant to an 18 month Minimum Term
              Pay Monthly Agreement. Customers will default to the rates charged on
              the O2 Clear Broadband 18 service when their laptop payments are

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

2. Definitions

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

3. Eligibility and Commencement

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

4. Service

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

5.1 The O2 Mobile Broadband Service shall be provided by way of self-installation in
accordance with the guidelines issued by O2.
5.2 The Customer must ensure that any Equipment connected to or used with the O2
Mobile Broadband Service must be connected and used in accordance with all applicable
instructions, safety and security procedures as provided by O2.
5.3 The Customer recognises that the Services may be dependent upon or used in
connection with, End-User Licensed Software and if the Customer does not accept the
licenses terms relating to any End-User Licensed Software, O2 shall have no liability
whatsoever for any failure to provide the Services to the Customer.
5.4 Where the Customer accepts the terms of a license in respect of any End-User
Licensed Software, those license terms shall take precedence over any terms within this
Agreement relating to End User Licensed Software and shall exclusively comprise the
Customers sole rights and remedies in respect of such End-User Licensed Software.

6. Migration

The following rules apply to changes to the services:
6.1 Customers cannot move to any other O2 Clear Broadband Price plan until the
Minimum Term of their existing Agreement has expired.

7. Data Usage

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

8. Charges and Payment

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

9. Term and Termination

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

10. Liability (Limitation and Exclusions)

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

11 Miscellaneous

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

Section 2: O2 Consumer Laptop– Equipment Terms and Conditions

The Customer’s order for Equipment is accepted by O2 subject to the terms and
conditions of this Agreement. Any term sought to be imposed by the Customer either in
a document or otherwise that conflicts with or adds to or which purports to amend this
Agreement is not accepted by O2 and shall not form part of this Agreement. No
employee, agent or representative of O2 has authority to vary the Agreement unless
accepted in writing by an authorised signatory of O2.

      Commencement and Term

Subject to Clause 2, this Agreement is effective and binding from the date of signature
of the Agreement Form by the Customer and shall continue for the Term. If the
Customer terminates this Agreement before the expiration of the Minimum
Term the Customer shall be required to pay the Termination Fees.

      Your Right to Change Your Mind

In the event the Customer purchases the Equipment through a sales channel to which
the Distance Selling Regulations (S.I 207/2001) apply, the Customer may, within 7 days
from the date of purchase and upon returning the Equipment to O2 on good working
order and condition, cancel this Agreement without liability for Termination Fees.
Equipment returned pursuant to this Clause 2 must be accompanied by proof of
purchase, with the original packaging and complete with all the original parts. You agree
that where you use the equipment within the 7 day period you may not then exercise
your right to cancellation.

      Payment and Billing

The Customer agrees to pay the Charges on the due dates and in the manner specified
in the Agreement Form and/or otherwise notified to the Customer prior to purchase. All
Charges are inclusive of Value Added Tax which shall be changed at the then prevailing

The Customer agrees to pay O2 interest on any Charges or other amount due hereunder
that are not paid by the due date, at the rate of 2% over the then applicable base rate of
AIB plc.

O2 reserve the right to recoup, set-off, cross-claim or counterclaim the Charges in full or
part against any other amount or debt owed by the Customer to O2 whatsoever.

The O2 Consumer Laptop purchase is subject to payment by direct debit. The Direct
Debit Originator will notify the Customer in advance of the amounts to be debited to the
Customers account and its Bank will accept and pay such debits, provided that the
Customers account has sufficient available funds. If it is established that an unauthorised
Direct Debit was charged to the Customers account, the Customer is guaranteed a
prompt refund by your Bank of the amount so charged.
The Customer may cancel the Direct Debit Instruction in good time by writing to the
Customers Bank. O2 reserves the right to charge an administration fee for direct debit
payments. We will notify you of such administration fee in advance. You will also be
liable for any fee charged to O2 by your bank as a result of your direct debit mandate
not being honoured.
Where the Customer signs up for billing online the Customer will only receive a hard
copy invoice where requested. If the Customer is not an existing O2 Pay Monthly
Customer we will, unless the Customer clearly specifies a preference in the Agreement
Form for all invoices and notices to be sent to its billing address shown on the
Agreement Form, make all invoices and notices available for access by the Customer on
O2 will notify you of material changes in our charging options (including the option
applicable to you) and of offers and terms introduced by us, by notice to you at either
your billing address or email address, by SMS, telephone or by advertisements in the
national press. Every invoice and notice from us to you will be deemed served 48 hours
after posting or on earlier proof of delivery; every change in charging options and every
offer and term will be deemed notified to you at close of business on the first day on
which it is advertised in the national press or made available on If we have
reason to believe that you are no longer contactable at either the billing address or email
address indicated by you, we will be entitled to send all invoices and notices to any
address where we reasonably believe you are contactable.

      Customer waiver of defences to payment.

The Customer is not entitled to abate or reduce the Charges or any other amount due, or
to set off any of the Charges against any such other amount. The Customer hereby
waives any recoupment, set-off, cross-claim, counterclaim or any other defence at law or
in equity to any Charges payment or other amount due with respect to this Agreement,
whether any such defence arises out of this Agreement, any claim by the Customer
against O2, O2’s assignees or the Manufacturer, or otherwise.

If the Equipment does not operate or integrate as represented or warranted by the
Manufacturer or is unsatisfactory for any reason whatsoever, the Customer shall make
any claim on account thereof solely against the Manufacturer and shall nevertheless pay
all sums due to O2 pursuant to this Agreement.

      Warranties.

The equipment is supplied with the benefit of the Manufacturer’s warranty as described
in the applicable Purchase Documents.

The Customer shall have the right to take any action it deems appropriate to enforce
such warranties provided such enforcement is pursued in the Customer's name and at its
expense. In the event the Customer is precluded from enforcing any such warranty in
its name, upon the Customer's request, O2 may, at its sole discretion, take such
reasonable steps as it may determine to assist the Customer enforce its warranty.

It is specifically understood and agreed that neither Manufacturer nor any salesperson of
Manufacturer is an agent of O2, nor are they authorized to waive or alter any terms of
this Agreement.

      Disclaimers and Customer Waivers.

It is hereby agreed as follows:



      O2 is not a manufacturer of any Equipment.

To the extent permitted by applicable law, the Customer waives any rights and remedies
conferred upon the Customer by the Sale of Goods and Supply of Services Act, 1980 as
amended and those rights now or hereafter conferred by statute or otherwise, in either
case that are inconsistent with or that would limit or modify O2’s rights set forth in this

Notwithstanding the provisions of this Clause 6 in the event the Equipment you purchase
from O2 is defective, not in accordance with the description given to you by us or not
reasonably fit for purpose you may return it to us for, at the sole election and discretion
of O2, repair, replacement or refund. The Customer should contact O2 as soon as
possible if any of the said circumstances apply. If you experience any difficulties with
your Equipment within the relevant manufacturer’s warranty period you can contact the
manufacturer directly in accordance with the instructions contained in the Purchase
Documents. This does not affect your statutory rights.

      Equipment.

It is expressly understood and agreed that O2 supply the Customer with the Equipment
in consideration of the Customer remaining contracted to O2 for not less than the
Minimum Term. The Customer is solely responsible for the selection, installation,
operation and maintenance of the Equipment and all costs related thereto.

The Customers acceptance of the Equipment shall take place when the Customer takes
delivery or possession of the Equipment. Risk in the Equipment passes to the Customer
on delivery or the taking of possession by the Customer at which time title in the
Equipment shall pass to the Customer.

This clause shall not apply in respect of any IPR in the Equipment or any IPR in any
software comprised in the Equipment.

      Limitation on Liability.

O2 will have no liability to you (or to anyone claiming through you) for any direct,
indirect, special, incidental or consequential loss (including loss of profit) (whether or not
foreseeable) suffered as a result of:

      the failure of the Equipment; or
      any information stored on or transferred via the Equipment being intercepted or
       otherwise obtained by any third party; or
      any data stored on the Equipment being altered or lost.

We will not be liable for the effects upon you or other users of your Equipment, or upon
any electronic equipment used in connection with the Equipment.
To the extent permitted by law, neither party shall be liable to the other in respect of
any matter arising out of or in connection with this Agreement and/or the Equipment in
contract or in tort or otherwise for any loss (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.

Nothing in this Agreement is intended to exclude or limit liability for death or personal
injury caused by the negligence of either party or for fraud to the extent that such
liability may not be excluded or restricted by law.

      Default.

Any of the following shall constitute a Customer Default under this Agreement:

      the Customer fails to pay any Charges or any other amount payable to O2 under
       this Agreement by the due date; or

      the Customer defaults on or breaches any of the other terms and conditions of
       this Agreement; or

      any representation or warranty made by the Customer in this Agreement proves
       to be incorrect in any material respect when made or reaffirmed.

      Customer Default Remedies.

If a Customer Default occurs, O2 may, in its sole discretion, exercise one or more of the
following remedies:

      declare all amounts due and to become due under this Agreement to be
       immediately due and payable; or

      terminate this Agreement; or

      proceed by court action to enforce performance by the Customer of this
       Agreement and/or to recover all damages and expenses incurred by O2 by reason
       of any the Customer Default; or

      terminate any other agreement that O2 may have with the Customer; or

      exercise any other right or remedy available to O2 at law or in equity.

Also, the Customer shall pay O2 all costs and expenses incurred by O2 in enforcing any
of the terms, conditions or provisions of this Agreement (including reasonable legal fees
and collection agency costs).

      Termination and Termination Fees

The Customer may terminate this Agreement on 30 days written notice to O2. If this
Agreement is terminated by (i) the Customer; or (ii) by O2 where the Customer commits
a Customer Default, prior to the expiration of the Minimum Term the Customer shall be
liable for and shall pay to O2 on demand all Charges (including VAT) that would have
been paid by the Customer if this Agreement had continued for the Minimum Term.
Upon the expiration of the Minimum Term this Agreement may be terminated by the
Customer on 30 days written notice to O2.
      Assignment.

O2 shall have the unqualified right to sell, assign, pledge, transfer, mortgage or
otherwise convey any part of its interest in this Agreement or any Equipment, in whole
or in part, without prior notice to or the consent of the Customer.

If this Agreement is assigned or otherwise transferred, the Customer shall:

      unless otherwise specified by O2 and the Assignee, pay all amounts due under
       hereunder to such assignee/transferee, notwithstanding any defence, setoff or
       counterclaim whatsoever that the Customer may have against O2 or Assignee;

      not require the Assignee to perform any obligations of O2, other than those that
       are expressly assumed in writing by such Assignee; and

      execute such acknowledgements thereto as may be requested by O2 or the

It is further agreed that:

      each Assignee shall be entitled to all of O2's rights, powers and privileges under
       this Agreement, to the extent assigned;

      any Assignee may reassign its rights and interests under this Agreement with the
       same force and effect as the assignment/transfer described herein;

      any payments received by the Assignee from the Customer with respect to the
       assigned portion of this Agreement shall, to the extent thereof, discharge the
       obligations of the Customer to O2 with respect to the assigned portion of this
       Agreement. The Customer acknowledges that any assignment or transfer by O2
       or any Assignee shall not materially change the Customer’s obligations under the
       assigned Agreement; and

      the Customer may not assign, transfer or otherwise dispose of this Agreement or
       any interest therein.

      Survival.

All representations, warranties and covenants made by the Customer hereunder shall
where the context so requires survive the termination or expiration of this Agreement
and shall remain in full force and effect.

All of O2's rights, privileges and indemnities under this Agreement, to the extent they
are fairly attributable to events or conditions occurring or existing on or prior to the
expiration or termination of this Agreement, shall survive such expiration or termination
and be enforceable by O2 and O2's successors and assigns.

      Notices.

All notices, requests, demands, waivers and other communications required or permitted
to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if delivered personally, by post or a courier service addressed to O2 or the
Customer (as the case may be) at the address detailed in the Agreement Form.
      Data Protection

O2 may process the information and data relating to the Customer, (including Traffic
Data and Location Data) (your "Data") which is collected under this Agreement
(including your Agreement Form) and through the Customers dealings with O2 (eg.
using the Services etc.) or otherwise for the purposes of performing its obligations under
this Agreement and for administration, account management, billing, debt recovery,
credit checking purposes, risk assessment, customer profiling, market research, Services
and product development and marketing, customer care, and other legitimate business
purposes. Further information on how O2 obtains, holds and uses your Data is set out in
our Privacy Policy. The Customer should read the Privacy Policy before entering into this
Agreement and by entering into this Agreement and using the Services the Customer
confirms it is aware of the types of Data processed by O2 and the periods of such
processing as set out in the Privacy Policy and agrees that O2 may obtain, hold and use
the Customers Data in accordance with the provisions of this Agreement and the Privacy
Policy. O2 may disclose the Customers Data to its agents, dealers and service providers
for these purposes. O2 may also use the Customers Data in a test environment for the
purpose of testing O2's systems and/or software. Such testing does not involve the
disclosure of Data to any third parties (other than agents of O2). O2 will use and retain
the Customers Data for a reasonable period of time and in accordance with our Privacy
O2 may also share Customers Data with its holding companies, group companies and
In circumstances where the Customer chooses O2 Laptop Cover, O2 will pass the
relevant Customer Data to the insurance company.
O2, its agents, dealers and/or service providers may search the files of credit reference
agencies who will record the search.
O2 may disclose Data relating to the Customer or details of this Agreement or the
Customers account with O2 to other licensed operators in order to assist in the
prevention of the fraudulent use of our telecommunications system or the
telecommunication system of another licensed operator or for credit bureau purposes, or
and to protect both the Customer and O2 in as far as is possible from both theft and
fraud and where required or permitted to do so by law. O2 may disclose the Customers
Data to it agents for the purposes of providing the Services and those purposes listed in
15.1. The Customers Data is not otherwise disclosed to third parties, save where
required or permitted by law.
You have the right to ask for a copy of Data, held about you (for which O2 may charge a
small fee) and to correct any inaccuracies in such Data in accordance with the Privacy
O2, its holding company, group companies, or agents of O2 may contact the
Customer with information on/or offers of products or services which may be of
interest to the Customer and the Customer explicitly consents to such contact.
O2 may also contact the Customer for a reasonable period after the Customer ceases to
be a customer, with information on/or offers of products and service which may be of
interest to the Customer. If the Customer does not wish to receive such information,
please contact O2 customer care on 1909.
These obligations 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.

      Serverance of O2 Broadband Service contract

In the event the customer purchases Equipment with an O2 Broadband Service as part
of a bundled offering O2 may in its absolute and sole discretion release the Customer
from its obligations in respect of the O2 Broadband Service only without affecting the
validity and enforceability of this Agreement. For the avoidance of doubt the
Customer shall remain fully liable to discharge all Charges and Termination
Fees (if any) under this Agreement notwithstanding release of the Customer
from its obligation under the O2 Broadband Service contract.

      Miscellaneous.

          o   Governing Law.

This Agreement shall be governed by the laws of Ireland. O2 and the Customer consent
to the jurisdiction of the courts of Ireland.

          o   Credit Review.

The Customer consents to a reasonable credit review by O2 for the purposes of this

          o   Captions and References.

The captions contained in this Agreement are for convenience only and shall not affect
the interpretation of this Agreement.

          o   Entire Agreement and Amendments.

This Agreement constitutes the entire agreement between O2 and the Customer relating
to the Equipment, and replaces and extinguishes all prior agreements, draft agreements,
arrangements, undertakings, or collateral contracts of any nature made by the Parties,
whether oral or written, in relation to such subject matter.

Each of the parties 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.

O2 reserves the right to vary the terms of this Agreement from time to time, however
O2 will not amend the Charges without the Customers consent unless such change arises
as a consequence of a change in prices or tariffs requested by a regulatory body or
imposed by regulation or legislation

In the event that O2 makes any variation to this Agreement such variations or charges
will be published at at least 30 days before any such change takes place and
comes into force and O2 will provide the Customer with at least 30 days notice of such
change. All such changes or variations will become effective on the expiration of the
said 30 day notice period.

          o   No Waiver.

Any failure by O2 to require strict performance by the Customer, or any written waiver
by O2 of any provision hereof, shall not constitute consent or waiver of any other breach
of the same or any other provision hereof.

          o   Invalidity.
If any provision of this Agreement shall be prohibited by or invalid under law, such
provision shall be deemed modified to the minimum extent necessary to make such
provision consistent with applicable law and, in its modified form, such provision shall
then be enforceable and enforced and the remaining provisions of this Agreement shall
be unaffected.

          o   O2 Reliance.

O2 may act in reliance upon any instruction, instrument or signature of the Customer
reasonably believed by O2 in good faith to be genuine. O2 may assume that any
employee of the Customer who executes any document or gives any written notice,
request or instruction has the authority to do so.

          o   Definitions.

All capitalised terms used in this Agreement have the meanings set forth below or in the
Clauses of this Agreement referred to below:

“Agreement” means these terms and conditions and the Agreement Form and any
subsequent terms and conditions agreed in writing between O2 and the Customer.
“Agreement Form” means the customer Agreement Form.
“Assignee” means any assignee of transferee of all or any portion of O2's interest in
this Agreement.
“Charges” means the Charges payable to O2 by the Customer for the Equipment in the
manner specified in the Agreement Form.
“Customer” has the meaning specified in Agreement Form.
“Customer Default” has the meaning specified in Clause 9.
“Equipment” means the equipment described in the Agreement Form together with
such software as is comprised therein.
“IPR” means intellectual property rights including but not limited to patents, trade
marks, registered designs, & applications for same, copyright, design rights, know-how,
trade & business names & any other similar protected rights in any country;
“License Agreement” means any license agreement or other document granting the
Customer the right to use software or any technical information, confidential business
information or other documentation relating to Hardware or software, as amended,
modified or supplemented by any other agreement between the licensor and O2.
“Manufacturer” means the seller and the manufacturer or licensor of such Equipment
collectively, or where the context requires, any of them.
“Minimum Term” means the period of time specified the Agreement Form.
“O2” means Telefónica O2 Ireland Limited of 28-29 Sir John Rogersons Quay, Dublin 2.
“O2 Broadband Service” means any broadband service offered by O2 from time to
“Purchase Documents” means, as to any Equipment, any purchase order, contract,
bill of sale, License Agreement, invoice and/or other documents that the Customer has,
at any time, approved, agreed to be bound by or entered into with any Manufacturer of
such Equipment relating to the purchase, ownership, use or warranty of such Equipment.
“Term” means the period commencing on date of signature of the Agreement Form by
the Customer and date of receipt by O2 of full payment for the Equipment or the date of
delivery of the Equipment, whichever shall be the later.
“Termination Fees” means the fees payable by the Customer in accordance with
Clause 11 where the Customer terminates this Agreement before the expiration of the
Minimum Term.

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