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Terms & Conditions
Terms & Conditions
Terms & Conditions of Use of Service
These Terms and Conditions together with all updates, supplements, additional terms, software licenses, promotional offer terms and all of O2's policies and rules and the customers application form, both digital and/or physical ("The Form") together constitute a legally binding agreement between O2 and the customer named in the Form ("The Subscriber" or "The Customer" or "The Registered User") which will be effective from the time o2 accepts the application for Services contained in the Form. Acceptance and activation are conditional on a satisfactory risk assessment and (possible) receipt of an "Advanced payment". By signing the Form or by clicking "I Accept" on the digital form, the Customer confirms that all information in it which relates to the Customer and/or Users is accurate and that the Customer accepts the Terms and Conditions of service herein contained. The customer is allowed 7 days from entering into this Agreement to cancel the Agreement without any further obligations other than to pay for the Service used during the period from activation to cancellation. This agreement is personal to the customer/subscriber and may not be transferred without the express permission of O2. The customer/subscriber agrees to the disclosure (for the purpose connected to the agreement) to any third party of any information contained in or relating to this agreement. The customer/subscriber agrees that we may contact any person named in any proof of identity and or references provided by the customer/subscriber in order to verify the accuracy (or continued accuracy) thereof.
1.1 The Services:
1.1.1 O2 undertakes to use reasonable efforts to provide the Service on or before the requested and agreed dates for service commencement.
1.1.2 O2 reserves the right to add to, substitute, or to discontinue the Service at any time. O2 does not guarantee the continuing availability of the Service.
1.1.3 Customer agrees that in respect of SMS, O2 is acting as a wireless service provider and as such has no knowledge of, involvement with or liability for the specific content of any text messages sent to/from Customer's or Users SIM Cards
1.1.4 Certain elements of the Service are dependent on Customer having suitable infrastructure available and/or using appropriate Equipment and in the event that the Customer is unable to provide suitable infrastructure, or fails to use appropriate Equipment, then:
184.108.40.206 some parts or all of the Service may not function correctly ("the Affected Services");
220.127.116.11 O2 reserves the right not to provide Customer with the Affected Services; and
18.104.22.168 O2 shall have no liability for Customer's or User's inability to receive the Affected Services.
1.1.5 Customer will be liable for all Charges incurred by its use of the Service. O2 may monitor the Customer's and User's usage of the Service for the purpose of controlling O2's credit risk and the Customer's and User's exposure to fraudulent usage.
The charges imposed by O2 for the Services, calculated according to the rates prevailing from time to time in the tariff structures applicable to the customer for the calls made, text messages sent, The Service used and Content taken or subscribed for. Prices may be changed at any time at the sole discretion of O2 by posting the new prices on our Web Site and /or by sending an e-mail to the Customer.
User Account / Password and Access:
3.1 O2 will issue the Customer with accounts and passwords to access the Service from time to time. The Customer is solely responsible for these passwords and must keep them safe and protect against any unauthorised use of the service by other person(s) or body corporate. The customer must not use any other customers account or password and they must not allow anyone to use their account by divulging their own password to a third party. The Customer will be billed for all services used through their account including any unauthorised use of the Customer's account save where the customer has notified O2, in writing, of such unauthorised use and only for services used after such notification. O2 reserve the right to terminate the service of any customer where we suspect that the service is being abused or where we suspect that the account is being used by an unauthorised person. No person can violate the security of the O2 system and obtain the services in an unauthorised manner by bypassing security systems, by hacking into the computer systems or by providing false or misrepresenting information to allow access. Any such unauthorised access to the O2 systems or services will be prosecuted under Civil and/or Criminal Law.
3.2 Customer undertakes and shall procure that all Users undertake prior to using the Service that throughout the term or operation of the Service it will use best endeavours to:
3.2.1 provide O2 with such information as O2 reasonably request in connection with this Agreement and the Service; and
3.2.2 notify O2 immediately (and to confirm in writing) on becoming aware that any SIM Card using the Service has been lost or stolen or that any person is making improper or illegal use of the Service. Customer will be responsible for any Charges incurred as a result of unauthorised use of any SIM Card, or the information contained within a SIM Card or the Service, until O2 has received a request from the Customer to suspend the Wireless Services to that Device or SIM Card and
3.2.3 pay the Charges levied by O2 in accordance with this Agreement; and
3.2.4 comply with all Laws in relation to the use of the Service; and
3.2.5 use the Service and/or any End-User Licensed Software in accordance with any user guide or other reasonable instruction of any manufacturer or supplier of the same or reasonable instruction of O2 and not to copy, reverse engineer or modify the Software or the End-User Licensed Software in any way save as permitted by Law; and
3.2.6 not use the Wireless Services in a manner which is inconsistent with a reasonable customer's good faith use of the Service or the O2 cellular telecommunications network; and
3.2.7 not use the Service fraudulently or in connection with a criminal offence or for the purpose of initiating unsolicited communications or storing and/or communicating any material which conflicts with any Laws, is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax or which breaches any person's intellectual property rights or rights of privacy or is otherwise unlawful.
3.3 Customer recognises that the Service may be dependent upon End-User Licensed Software and if Customer does not accept the licence terms relating to any End-User Licensed Software, O2 shall have no liability whatsoever for any failure to provide the Service to the Customer where the Service depends on the use of End-User Licensed Software.
3.4 Where Customer accepts the terms of a licence in respect of any End-User Licensed Software, then those licence terms shall take precedence over any terms within this Agreement relating to End-User Licensed Software and shall exclusively comprise Customer's sole rights and remedies in respect of such End-User Licensed Software.
3.5 The terms of this Agreement shall also apply to any User or Customer employee. Customer agrees that it will be liable to O2 for all claims, losses and expenses arising out of the breach of the terms of this Agreement by any of its Users or employees related to the User or employees use of the Service. Customer shall procure that all Users who avail of the Service are aware of and comply with the terms of this Agreement.
Grants of Licenses:
4.1 When you choose a subscriptions service from the O2 list of premium services, by signing this contract or by topping up and consuming or selecting the services on line ("Purchase") O2 grants you a limited, revocable, non-exclusive, non-transferable license to use the O2 services on your computer and/or your Device(s) solely for your personal non-commercial use.
4.2 Title to, and all intellectual property rights in End User Licensed Software and Software, associated documents and all parts thereof will be and remain vested in and be the absolute property of the owner of the copyright in the End User Licensed Software and Software (as applicable) or associated documents as appropriate.
4.3 Except as expressly provided in this Agreement, nothing in this Agreement will be deemed to or require O2 to transfer, assign or license any intellectual property rights to the Customer.
4.4 Customer will not be entitled to use in the course of trade or otherwise in relation to any goods or services of the Customer any registered or unregistered trademark, logotype or abbreviation of the name of O2 or any part of O2 so that any person might reasonably import a connection between those goods or services and O2 or any part of O2.
4.5 All information or materials supplied to O2 by Customer in connection with the Agreement, together with the copyright therein, will remain the property of Customer and will, on receipt of written request from Customer, be returned to Customer on termination of the Agreement.
4.6 Any Software supplied is provided on the terms of a non-exclusive, non-transferable licence and such Software is to be used for the sole purpose of operating the Equipment in order to be able to obtain the Wireless Services and/or any Ancillary Wireless Services.
4.7 In the event that Customer is subject to a third party claim in respect of any alleged infringement of any trademark, patent, registered design or copyright arising from its normal use of the Network, O2 will indemnify the Customer in relation to such claim provided that Customer promptly notifies O2 of such third party claim, makes no admission in respect of such claim, allows O2 to conduct all negotiations and proceedings (providing O2 with all reasonable assistance) and allows O2 at O2's own discretion and expense to modify or replace the Wireless Services so as to avoid any continuing infringement. This indemnity does not apply to any such infringements caused by Customer's own breach of the terms of this Agreement or to any claims in respect of any alleged infringement of any trademark, patent, registered design or copyright arising from the operation or use by Customer of any Equipment or End User Licensed Software.
Availability of The Service:
5.1 O2 will endeavour to continue supplying the Service which has been Purchased or Subscribed for, however O2 reserve the right to change or cease supplying any or all of the Service from time to time as it sees fit at its sole discretion. If any Service is to be discontinued and a customer has subscribed for it in advance, O2 will notify the Customer that the Service will be discontinued by sending an e-mail or by posting it on the O2 Web Site. O2 will make reasonable efforts to deliver the Service which has been purchased or subscribed for in a timely manner, however where the Service has been supplied by a third party O2 may not be able to provide the Service in a timely manner where there is a delay or interruption in supply by the said third party. The Customer hereby accepts that any such delay, for whatever reason, can only result in an extension of the subscription period by O2. O2 accept no liability or responsibility whatsoever for any delay in delivering the Service regardless of the cause of any such delay. O2 will make its best efforts to supply the Service in a form which is usable by the Customer, however where the Service is incomplete or unusable for normal consumption O2 will endeavour to replace the Service with a usable version. O2 is not liable to any Customer or third party where the service is unusable by the Customer other than it will endeavour to replace it with a usable service
5.2 O2 warrants that it will perform its obligations in this Agreement with the reasonable skill and care of a competent wireless telecommunications service provider, that it will keep complete and accurate records of call and billing data so as to ensure accurate billing
5.3 Customer acknowledges that the provision of the Service is not error or fault free and is subject to the geographic extent of Airtime coverage and local geography, topography and/or atmospheric conditions and/or other physical or electromagnetic interference and/or the number of users trying to access the Service in any particular location that may from time to time adversely affect the provision of the Service in terms of availability, line clarity and call interference (where applicable).
Limitation of Liability:
O2 accept no liability for any corruption, failure or brakeage of any equipment, software, systems or plant & machinery caused by the supply of telecommunications services, broadband connections, messaging services, managed service, switching capability, IVR services, software, content, down loading, e-mailing or access to, linking to our Web Site by any Customer or third party whatsoever. O2 will have no liability to the Customer (or to anyone claiming through the Customer) for any indirect or consequential loss (whether or not foreseen) suffered, including loss of profit or loss of goodwill by any reason whatsoever and without prejudice to the generality of the foregoing by reason of: The suspension or non availability of any of the Services or; The suspension or termination of this agreement or ;The interruption of or failure to deliver any of the Services by the Device supplied. Any data or files being corrupted or lost while using the O2 Service. O2 will not be liable to the Customer if we are unable to perform an obligation or provide the Services to the Customer as a result 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. O2 will not be liable for the effects upon the Customer or other users of your equipment, or upon any electronic or radio systems in equipment, vehicles, or aircraft in your vicinity, of any emissions or transmissions to, from, by or through our Service or the Devises supplied by O2. If goods and / or services are offered by us as agents of their principle provider(s), we shall have no responsibility to the Customer for the performance or provision thereof by such providers. All conditions, warranties, and representations implied by law in relation to our provision of services are excluded to the extent permitted by law. Your rights under the Sale of Goods Acts and or the Sale of Goods and Supply of Services Acts are not affected.
O2's aggregate liability of any sort resulting from O2's negligence or otherwise arising in connection with this Agreement shall be limited in respect of all claims arising in each Year to an amount the equal to (i) the Charges paid or payable by Customer in the year prior to the Year in which any claim arises; or (ii) where a claim arises during the first Year of this Agreement, the Charges paid or payable up to the date on which the Customer's right to take action in respect of the first claim made by the Customer in the first Year arose; and "Year" means the first, and each subsequent, consecutive period of 12 months of this Agreement commencing on the Commencement of the Service.
6.3 There shall be no exclusion for any liability which cannot be excluded or restricted by law.
Users are responsible for complying with all applicable federal and state laws applicable to the use of any content on the service and all applicable copyright Nothing in this Agreement shall exclude or restrict the liability of either party in respect of any laws. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your account with us, you agree that you will not use our service to infringe the intellectual property rights of others in any way. We will terminate the accounts of users who infringe copyrights, or other intellectual property rights, of others. In addition, we reserve the right to terminate an account of a user and to block use of the service permanently upon any single infringement of the rights of others in conjunction with use of the Service, or if we believe that user conduct is harmful to our interests, our affiliates, or other users, or for any other reason in our sole discretion, with or without cause. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at
), we will respond expeditiously to claims of copyright infringement committed using the P2P service that are reported to us. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement to us. If we consider that the copyright database right or any other of its Intellectual Property rights has or have been infringed it shall be free to take such steps as it reasonably considers necessary including taking urgent proceedings and settling any proceedings as are commenced as it sees fit.
All payments will be collected by direct debit, cheque, Credit Card/Debit Card or cash top-ups in retail outlets. The customer hereby authorises O2 to take whatever charges are valid and due by taking the service fees from their direct debit and or Credit/Debit Card. Where a customer/subscriber has signed a physical application form and have passed the appropriate credit approval, they may pay for the Services using a Direct Debit Mandate set up with their own bank in accordance with the instructions at the front of the contract. Where a customer subscribes for a monthly subscription service the customer/subscriber here by authorises O2 to take the appropriate monthly fee from the credit card/debit card every month until instructed by the customer/subscriber to cancel the subscription. Where a customer has been credit approved and have signed a physical application form they may at the sole discretion of O2 pay by cheque, money transfer or direct debit. The customer hereby authorises O2 to take whatever charges are valid and due by taking the service fees from their direct debit and or Credit/Debit Card and where there is credit in the customers O2 account, to clear the customer’s account that contains a balance of credit if the account has not been used for a period of 6 consecutive months.
Where a customer subscribes for the Service, the Customer may terminate the Service they have subscribed for by giving O2 one months notice in writing of their intention to terminate. Notice must constitute a minimum of a full calendar months notice. Unless and until such notice is given the Agreement shall be deemed to continue on a monthly basis. All charges will continue to accrue until the termination takes effect. O2 reserve the right to discontinue all or any part of the Service to the Customer at any time with or without notice to the Customer. Should O2 exercise this right we shall do so without any liability, whatsoever, to the Customer or any other third party. O2 may also suspend or terminate the Service:
9.1 If our Web Site or systems need modification or maintenance or for security reasons.
9.2 If the customer/subscriber does not comply with the terms of this agreement, including non-payment of any sums due by the Customer (in which case we reserve the right to charge the Customer for any administration or other charges associated with such discontinuity of service).
9.3 O2 may suspend the service where we reasonable believe that the Customer is unable to comply with payment obligations, represents a credit risk or exceeds any credit limits imposed by O2 or if O2 is unable to contact the Customer following reasonable effort.
9.4 If the Customer is using the O2 service for commercial or resale use without a specific contract with O2 that authorises such activity.
9.5 Where a customer has set up an account with O2 and where there has been no activity by the customer on that account for a period of six consecutive months. Where a customer has a balance of credit remaining on their account the customer hereby agrees that O2 may take this balance as income and terminate the customers account. The Customer will remain liable for any charges during any period of suspension. Under no circumstances will O2 be liable for any direct or consequential loss or damage howsoever arising which may result from the suspension or termination of the Services or Additional Services.
Third Party Suppliers:
The Service, provided by O2 is supplied by independent third parties (O2 partners). As such we have no control over the nature and accuracy of the Service supplied to us, likewise O2 do not carry out any examination or quality control on the third party systems or services. O2 cannot be held liable for any of the services provided through the Service where it is unsatisfactory. In addition, we may provide links to certain third party Web sites. With respect to such material, we are a distributor, not a publisher. Where products and services are provided by third parties through their Web Site or at their physical premises we cannot take any responsibility whatsoever for the Content, Service or Product.
All the terms and provisions of this agreement are distinct and severable, and if any term or provision is held unenforceable, illegal or void in whole or in part by any court, regulatory authority or other competent authority it shall to that extent be deemed not to form part of this agreement, and the enforceability, legality and validity of the remainder of this agreement will not be affected; provided that, in any case where as a result of the operation of this clause the rights or obligations of a party are materially altered to the detriment of the party, that party may terminate this agreement within 30 days from the date of the relevant decision of the relevant court, regulatory authority or other competent authority. Any waiver, concession or extra time we allow the Customer is limited to the specific circumstances and case in which it was given and does not affect our rights under the Agreement in any other way.
12.1 Customer shall not assign or transfer the benefit of this Agreement to any third party without the prior written consent of O2, such consent not to be unreasonably withheld or delayed.
12.2 O2 may assign or transfer this Agreement to any third party and may subcontract the performance of all or part of the same.
13.1 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.
13.2 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.
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.
The failure or delay by either party to this Agreement to exercise or enforce any right, power or remedy under this Agreement shall not be deemed to operate as a waiver of any such right, power or remedy; nor shall any single or partial exercise by any party operate so as to bar the exercise or enforcement thereof or of any right, power or remedy on any later occasion.
16.1 O2 reserves the right to amend the terms and condition of this Agreement (including the Charges payable by Customer to O2 by notifying Customer of the proposed amendment not less than one (1) month prior to the date of implementation of any such proposed amendment via either direct notification and/or via the O2 website
and/or via published announcements in the national press.
17.1 O2 will, unless Customer advises otherwise, provide the Customer’s details and User’s details to the National Directory Database for directory enquiries purposes.
17.1 O2 may require Customer to provide it with the name of one or more individuals within Customer’s organisation for contact purposes. O2 agrees that such information shall only be used for contact purposes and insofar as may be necessary for the provision of services under this Agreement. To the extent that such information constitutes personal data within the meaning of the Data Protection Acts, 1988 and 2003 (as amended, extended or replaced from time to time), the individual to whom the information relates has the right to access such personal data (on payment of the appropriate fee) and to have any incorrect or misleading personal data amended or erased.
17.1 The Customer is the data controller of the Users and shall at all times comply with the provisions of the Data Protection Acts and shall indemnify O2 in respect of any claims, loss, damages, fines or compensation howsoever arising from the breach or non performance of those provisions.
No Partnership :
Nothing in this Agreement shall create, or be deemed to create, a partnership between the parties.
Any notice or other communication required or permitted under this Agreement to be given in writing to the address of the recipient stipulated herein or as notified from time to time and will be deemed to have been given or made: when delivered personally; or, if properly addressed and posted by registered post in the Republic of Ireland, within two business days of posting; or, if sent by facsimile upon being sent; or, if sent by e-mail or other electronic means upon such communication being acknowledged as having been received.
Dispute Resolution Scheme – Regulations:
20.1 The method for contacting O2 with regard to any dispute Customer may have is set out in the O2 Code of Practice, found on
or may be obtained by contacting O2 Customer Care. The Regulations are available on the website of the Department of Communications, Energy and Natural Resources at www.dcmnr.gov.ie.
20.2 COMREG, (or an independent person appointed by COMREG) may resolve disputes in relation to the Regulations which remain unresolved after due completion of the procedures set out in the Code of Practice. Contact information for COMREG is provided in the Code of Practice.
The termination of this Agreement shall not affect any of the following:
a) the rights or liabilities of either party accrued prior to and including the date of termination ; or
b) the continued existence and validity of the rights and liabilities of the parties under those clauses/sections which are intended expressly or by implication to survive termination or expiry and any other provisions of this Agreement necessary for its interpretation or enforcement.
This Agreement, and any issues or disputes of whatever nature arising out of or in any way relating to it or its formation (whether such disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation, or otherwise) shall be governed by and construed in accordance with the Laws of Ireland and the parties submit to the exclusive jurisdiction of the courts of Ireland.
In this agreement the following words and expressions have the following meanings:
Telefonica Ireland Limited T/A O2.
O2 is the provider of a service that permits the customer, named on the face of this contract or within the customer details section of the on-line application form, utilize Telecommunications services to host conference calls, operate a virtual PABX, run and IVR service, make calls, use broad band connectivity select and receive proprietary digital audio, digital text, digital photo and digital video content consisting of licensed and original content ("content") , through means including but not limited to Web Sites, Computer Devises using wired and wireless connections, and telephony based networks; and to playback such Content on a Computer, an MP3 Player, a PDA Devise, a Mobile Phone, or any other such hardware device
All goods, products, value added services and other services provided by O2 in addition to The Service, to the extent that they are available and have been contracted for by the customer.
Advance payment or other payments required under this agreement.
In these Terms and Conditions for Business Customers the following additional definitions shall apply:
"Affiliate" Means any company which is a Holding Company or Subsidiary Company of either party.
"Agreement" Means this Agreement.
"Airtime" Means wireless airtime and network capacity.
"Ancillary Wireless Services" Means such services (related to the delivery and performance of the Service) as may be made available from time to time by O2.
"Charges" Means the charges for the Service payable to O2 by Customer in accordance with this Agreement.
"Commencement Date" Means the start date of the Services under this Agreement.
"Code of Practice" Means the O2 Code of Practice, as amended from time to time, found on
"COMREG" Means the Commission for Communications Regulation.
"Customer" Means the corporate entity whose details are specified in this Agreement.
"Device" Means a wireless device which incorporates a SIM Card.
"Equipment" Means any Devices and other hardware equipment items supplied to Customer by a Third Party Equipment Provider for use in respect of receiving Wireless Services.
"End-User Licensed Software" Means any third party software used or necessary for the performance of the Wireless Services, the licence terms for which are governed by a separate agreement with the third party licensor of such software.
"Laws" Means all applicable Acts of the Oireachtas, statutory instruments, laws, decrees and regulations.
"Network" Means the telecommunications network maintained and operated by O2 to provide Airtime.
"Numbers" Means the numbers allocated to O2 by COMREG and subsequently allocated by O2 to SIM Cards.
"O2 " Means Telefónica O2 Ireland Limited of 28/29 Sir John Rogerson’s Quay, Docklands, Dublin 2, Ireland.
"O2 Customer Care" Means O2’s Customer Care Centre, McLaughlin Road, National Technology Park, Co. Limerick, Ireland. Contact details available on
"O2 Helpdesk" Means the O2 help desk for customers maintained by O2 and operated by O2 Customer Care. Contact details available on
"Order" Means a request by Customer for the provision of the Service or a change in respect of the same (but not a disconnection).
"Regulations" Means the European Communities (Electronic Communication Networks and Services) (Universal Service and User’s Rights) Regulations 2003.
"SIM Card" Means the subscriber identity module card which is allocated to the Customer, and which contains the Number.
"SMS" Means the short message service, which enables text messages to be sent to, and received from Devices.
"Software" Means any software (excluding End-User Licensed Software) supplied to Customer by O2 under the terms of or in respect of this Agreement.
"User" Means any user of the Service to whom the Service is made available by the Customer under the terms of this Agreement.
"Wireless Services" Means the provision by O2 to Customer of Airtime and/or any other Ancillary Wireless Services which O2 may from time to time provide.
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