Your Pay Monthly Mobile Agreement

This Agreement sets out both of our rights and responsibilities. This Agreement applies to all consumer customers who take Pay Monthly mobile services from us for their own personal use and/or on our consumer tariffs. If you’re an O2 Business customer, then our O2 terms and conditions for businesses apply. We may amend this Agreement from time to time so please check www.o2.co.uk/termsandconditions/mobile for our most up-to date terms which will apply to you. You can find more information on our right to make changes to this Agreement and your rights in relation to those changes in paragraph 20 below.

A quick summary

HERE IS A SUMMARY OF SOME IMPORTANT TERMS AND CONDITIONS OF YOUR AGREEMENT

The full terms of your Agreement are below. You can also pick up a copy in an O2 shop, check our Website or ask customer services to send you a copy. It’s important that you read and understand the full terms before you sign up.

1. Charges/Price increases – Each year your Monthly Subscription Charges will be subject to an annual change.

If you signed up to this Agreement before 25 March 2021, the price change will work as follows:

Each year, your Monthly Subscription Charges will be subject to an annual adjustment by the RPI Rate. RPI (or Retail Price Index) is a measure of inflation published by the Office of National Statistics. It measures the change in the cost of a sample of retail goods and services. This adjustment could be an increase or a decrease and the adjusted amount will first appear on your April bill. E.g. below (RPI rates illustrative only):

If your airtime tariff is £21 a month when you sign up in September (pre-2021).

Year 1: On your first April bill you would see your airtime tariff increase to £21.63 a month (if RPI Rate announced in the Feb preceding the RPI Change was 3.0%) i.e. £21 x 1.030 = £21.63; and

Year 2: On your next April bill you would see your airtime tariff increase to £22.21 a month (if RPI Rate announced in the Feb preceding the RPI Change was 2.7%), i.e. £21.63 x 1.027 = £22.21401.

If you signed up to this Agreement on or after 25 March 2021, the price change will work as follows:

Each year, your Monthly Subscription Charges will be subject to an annual increase by the RPI Rate plus an additional 3.9% which is applied at the same time. If the RPI Rate is negative, we’ll only apply the 3.9%. RPI (or Retail Price Index) is a measure of inflation published by the Office of National Statistics. It measures the change in the cost of a sample of retail goods and services. The increased amount will first appear on your April bill. E.g. below (RPI rates illustrative only):

If your airtime tariff is £22.50 a month when you sign up in September.

Year 1: On your first April bill you would see your airtime tariff increase to £23.94 a month (if RPI Rate announced in the Feb preceding the RPI Change was 2.5%, plus the 3.9%) i.e. £22.50 x 1.064 = £23.94; and

Year 2: On your next April bill you would see your airtime tariff increase to £24.87 a month (if RPI Rate announced in the Feb preceding the RPI Change was minus 1.5%, meaning we only applied the 3.9% increase), i.e. £23.94 x 1.039 = £24.87366.

You must pay the Charges for the Services you subscribe to and/or use every month by the date on your bill. We may charge fees if you’re late in paying. You have to pay by direct debit. We may ask you to pay a deposit before we’ll let you use the Services Your inclusive allowances cover mainland calls, texts and data in our Europe Zone except if you’re on a data-only (Mobile Broadband) tariff, data can only be used in the UK. Special numbers and services (such as premium rate numbers and some 08 numbers) are not included. Please see our Tariff Terms and Website for more details about specific tariffs and Charges outside your allowances. We may increase or decrease our other prices from time to time. Some increases would give you the right to end your Agreement without paying the Monthly Subscription Charges for the remaining months of your Minimum Period, however if you’ve taken Equipment on a Device Plan, you will have to pay for it in full. Details are in paragraph 5 of the Agreement.

2. The Change-Your-Mind Period – If you change your mind about certain Equipment (usually a Mobile Phone) you’ve bought from us, you may be entitled to return items once and exchange them for another within the 14 day Change-Your-Mind Period. Details will be in your welcome letter or email, or in paragraphs 10, 12 and 13 of the Agreement. You can also ask in an O2 shop or check our Website. If you’ve taken Equipment from us under a separate Device Plan and you are withdrawing from that Device Plan after the Change-Your-Mind Period, you will have to pay for your Equipment in full. You agree that Services will begin immediately if you already have a SIM Card or when you receive a SIM Card. You’ll have to pay for any calls, texts, data and other Charges you’ve incurred, including during the Change-Your-Mind Period.

3. Your Minimum Period and ending your Agreement – Your Pay Monthly Mobile Agreement has a minimum term called a Minimum Period, which could be as short as 30 days. After the Minimum Period, you can end the Agreement by giving us 30 days’ Notice (unless any other statutory or regulatory rules apply) and you will have to pay Charges incurred during this notice period.

Unless specified otherwise (such as in your Tariff Terms), if you want to end the Agreement during the Minimum Period or we end this Agreement as a result of your material breach, then you will have to pay an Early Termination Charge which amounts to no more than your Monthly Subscription Charges multiplied by the number of months left in your Minimum Period, minus VAT (calculated at the prevailing rate) and minus 4% for early receipt of payment.

If you’ve taken Equipment on a Device Plan (e.g. O2 Refresh/custom plan customers), then at whatever point you end your Agreement with us you won’t pay an Early Termination Charge but you will have to pay off your Device Plan in full. Details are in paragraph 8 of the Agreement and a worked example of Early Termination Charges are set out below:

How we calculate Early Termination Charges

We add together the fixed amount you have agreed to pay on a monthly basis (including any monthly recurring discounts you’re entitled to but not including one-off discounts received) for the Services for the remainder of your Minimum Period. This includes VAT at the prevailing rate. We then take off 4% for early receipt of payment to get the final charge you owe us.

Examples of Early Termination Charges

Example 1: You’re on a 12 month contract costing £21 a month (incl VAT) and decide to disconnect after six months. This means you’ll pay an Early Termination Charge for the last six months of your contract.

Your Early Termination Charge is calculated as 6 x £21, which gives an Early Termination Charge of £126.00. We then take off 4% of that figure making the final Early Termination Charge £120.96.

Example 2: You’re on a 12 month contract costing £20 a month (incl VAT) and decide to disconnect after nine months. This means you’ll pay an Early Termination Charge for the last three months of your contract.

You also have a £5 recurring monthly discount applied to your contract which means you pay £15 a month (incl VAT).

Your Early Termination Charge is calculated as 3 x £20, minus 3 x £5. This gives an Early Termination Charge of £45.00. We then take off 4% of that figure making the final Early Termination Charge £43.20.

4. The Services and Equipment we supply and what you can expect of us – Our Services aren’t available everywhere in our Europe Zone. You should check predicted Network coverage in your area on our Website. The Services are not fault free, and features like speed and quality, for example, can be affected by things like the thickness and material of the walls of the building you’re in, atmospheric conditions, technical issues with the Network and the number of people near you trying to access the Services at the same time. We will manage the Network in various ways. We use reasonable skill and care in providing you with the Services and will attempt to re-perform disrupted Services when possible. Details are in paragraph 2 of the Agreement.

Equipment we supply will fit with the manufacturer’s description and packaging but digital Content (such as apps or software) preloaded on such Equipment will often contain minor defects and such Content should be judged against quality standards proportionate to the value of those digital goods. Always keep your Content up to date. You have the right to reject defective Equipment within the periods of time set out on our Website.

5. What we expect of you – We may end the Agreement if you don’t pay any Charges that are due or if you’re bankrupt. We can also end the Agreement if we reasonably believe the Service is being used: fraudulently, illegally, in a way that harms our Network, contrary to our Fair Use Policy, or to cause annoyance (among other things).

6. How we use your information – We will collect information about how you use our Services and third party services you use in conjunction with our Services, including for example your location and account activity, to enhance your overall experience with us and make it more relevant to you. We may use and analyse your personal details to help us run your Service(s) and account, including for credit checking and fraud prevention. We may share and combine that data and your information with carefully selected third parties for all those same reasons. Your information is treated in accordance with our Privacy Policy, which can be viewed here: www.o2.co.uk/termsandconditions/privacy-policy.

Your Pay Monthly Mobile Agreement in Full

Your Pay Monthly Mobile Agreement with us (this “Agreement“) is made up of the following different parts:

I – Services Agreement

This is about how you access our Network and other Services.

II – The Equipment Agreement

This covers any Mobile Phone or other Equipment we sell you or give you when you sign up for our Services (note, this should not be confused with a Device Plan).

III – General Terms and Conditions

This relates to the general legal terms and conditions that apply and which also include: