DJBenson
01-10-2006, 17:21
o2 have just mail-shot a new list of T&C's and amendments to my original contract which I have conveniently been trying to get out of, my financial circumstances have changed drastically in the last couple of months and I simply cannot afford the line rental any more.
I remember a thread not so long ago where people had managed to get out of their contracts due to an amendment so could somebody look over the new T&C's and advise if I could exit the contract.
1. If you connect to an online tariff your airtime agreement commences on the day your mobile phone is dispatched (clause 3.1).
2. If you upgrade your mobile phone a new minimum period will apply – (clause 3.3).
3. Some pricing information has been moved to the O2 Price List (clause 5).
4. If you are a consumer customer, within 6 months of upgrading you must not move to a tariff with a lower monthly subscription unless you pay us the difference between the monthly subscription on your original tariff and the lower rate tariff. This does not apply to business customers (clause 5.13). Business customers cannot move tariffs at all during their minimum period unless we agree in writing.
5. The insurance provisions have been updated to include reference to our new O2 insure policies Premier & Standard (clause 6.3).
6. We have added a new clause stating that you agree that you are procuring the SIM cards, mobile phone & service for your own use and that you will not resell or act as a distributor in respect of these things (clause 6.6).
7. We have slightly amended clause 8.4 (a) which gives you the right to end the agreement if we break this agreement in any material way and do not correct the situation in 7 days from receipt of your written request.
8. If we increase charges for inclusive calls or monthly line rental, we will give 30 days' notice and in these circumstances you will have the right to cancel your contract provided you give us 30 days' written notice & provided you tell us within one month of our notifying you about the changes. (If we increase charges for other, additional services such as Bolt Ons, third party services, premium rate services or other value added services, you may cancel or stop using this additional service only) (clause 8.4c).
9. New clause 9 has been added. This section only applies to business customers and contains various clauses from the previous business contract. The wording has been tweaked slightly in some places.
10. O2 is not responsible for deletion, loss or corruption of any content transmitted or maintained by the network unless this is caused by our negligence (new clause 9.2).
11. Limitation of liability wording has been slightly amended to state that nothing in the agreement shall exclude or limit liability for death or personal injury resulting from either party's negligence or fraud or fraudulent misrepresentation and new limitation of liability has been added for business customers. (clause 10.4).
12. We have added that we will post any changes to terms and conditions or charges on our website (clause 12.1).
13. We have updated the wording which explains how you can contact us if you have a complaint (clause 15.4).
14. We have extended the ways in which we may use information about you and your use of the service – which may now include communications made and received by you and the date, duration, time and cost of such communications and the location of your mobile phone (clause 18.3).
15. Details of premium rate services charges operated by third parties, are available via our website www.O2.co.uk/premiumnumberpricing.
16. We will charge a fee to receive a copy of any information from a credit reference or fraud prevention agency, which we hold on file about you.
17. Our address for complaints has changed to:
Complaints Review Service
PO Box 116
Leeds
LS11 5DS
18. The address that you need to write to if you want to cancel your agreement with us has changed to: O2 UK, PO Box 202, Houghton Regis, LU5 5WA.
I have put in bold the only term I can see that I don't agree with and the one which I personally would presue as a reason to exit my contract.
I remember a thread not so long ago where people had managed to get out of their contracts due to an amendment so could somebody look over the new T&C's and advise if I could exit the contract.
1. If you connect to an online tariff your airtime agreement commences on the day your mobile phone is dispatched (clause 3.1).
2. If you upgrade your mobile phone a new minimum period will apply – (clause 3.3).
3. Some pricing information has been moved to the O2 Price List (clause 5).
4. If you are a consumer customer, within 6 months of upgrading you must not move to a tariff with a lower monthly subscription unless you pay us the difference between the monthly subscription on your original tariff and the lower rate tariff. This does not apply to business customers (clause 5.13). Business customers cannot move tariffs at all during their minimum period unless we agree in writing.
5. The insurance provisions have been updated to include reference to our new O2 insure policies Premier & Standard (clause 6.3).
6. We have added a new clause stating that you agree that you are procuring the SIM cards, mobile phone & service for your own use and that you will not resell or act as a distributor in respect of these things (clause 6.6).
7. We have slightly amended clause 8.4 (a) which gives you the right to end the agreement if we break this agreement in any material way and do not correct the situation in 7 days from receipt of your written request.
8. If we increase charges for inclusive calls or monthly line rental, we will give 30 days' notice and in these circumstances you will have the right to cancel your contract provided you give us 30 days' written notice & provided you tell us within one month of our notifying you about the changes. (If we increase charges for other, additional services such as Bolt Ons, third party services, premium rate services or other value added services, you may cancel or stop using this additional service only) (clause 8.4c).
9. New clause 9 has been added. This section only applies to business customers and contains various clauses from the previous business contract. The wording has been tweaked slightly in some places.
10. O2 is not responsible for deletion, loss or corruption of any content transmitted or maintained by the network unless this is caused by our negligence (new clause 9.2).
11. Limitation of liability wording has been slightly amended to state that nothing in the agreement shall exclude or limit liability for death or personal injury resulting from either party's negligence or fraud or fraudulent misrepresentation and new limitation of liability has been added for business customers. (clause 10.4).
12. We have added that we will post any changes to terms and conditions or charges on our website (clause 12.1).
13. We have updated the wording which explains how you can contact us if you have a complaint (clause 15.4).
14. We have extended the ways in which we may use information about you and your use of the service – which may now include communications made and received by you and the date, duration, time and cost of such communications and the location of your mobile phone (clause 18.3).
15. Details of premium rate services charges operated by third parties, are available via our website www.O2.co.uk/premiumnumberpricing.
16. We will charge a fee to receive a copy of any information from a credit reference or fraud prevention agency, which we hold on file about you.
17. Our address for complaints has changed to:
Complaints Review Service
PO Box 116
Leeds
LS11 5DS
18. The address that you need to write to if you want to cancel your agreement with us has changed to: O2 UK, PO Box 202, Houghton Regis, LU5 5WA.
I have put in bold the only term I can see that I don't agree with and the one which I personally would presue as a reason to exit my contract.