Terms and Conditions – Fair usage policy

This agreement which includes your Tariff Plan (see website for details) is for your eSIM service and the calls SMS’s, data and other services that you use. This agreement does not cover your mobile phone.

1. Rates

Our O2 and Vodafone plans allow you to use a certain amount of data in a monthly period in addition to voice minutes and SMSs. For Domestic and Travel plans, as the plans are bundles there are no separate rates for calls or SMS. Overage is only supported if you selected the £25 overage option on our Domestic Vodafone or O2 plans when you purchased them. This means that for other plans you will never be billed any additional charges for data, calls or texts. It also means that if you have not selected the £25 overage option you are not permitted to make calls that are outside of your bundle. 

If you have selected the overage option when purchasing an O2 or Vodafone Domestic UK plan then you are allowed to makes calls, send SMSs and use the service in countries that are outside your plan. Your payment card will be debited automatically for any overage charges at the end of the month in which the charges are incurred. We have set a maximum spendcap of £25 so that you will not be billed more than this. When the spendcap is reached you will no longer be able to use your service for out of bundle calls or SMSs.

You cannot roll over the unused data from one month to another.

The monthly subscription applies only to normal use of the mobile phone for calls, texts and data. It does not include “charge to mobile” services such charges for donations, money transfers, top-ups or online purchases using the phone numberAny usage for these charge to mobile services will be billed separately for regardless of what plan you have purchased.

2. Your eSIM service

You accept this agreement, when you buy your eSIM Plan or put it in in your phone and use it.

We aim to provide you with the services at all times. However, due to the nature of mobile technology, it is impossible to provide a fault-free service. Equally overseas networks may be limited in quality and coverage

You are responsible for anyone who uses the eSIM service.

Tethering ( Personal hotspot ) is supported.

You must only use mobile equipment which is legally approved for connection to the network.

You must not use your mobile phone or the services in a way that in our view is abusive, illegal, fraudulent, a nuisance or for criminal activities.

You must not re-sell to anyone else any part of the services.

We may need to change your phone number at any time and will give you fair notice of that. 

The Activation Code and the phone number we allocate to you do not belong to you and we are licensing it to you to use with the services only. If you need a replacement Activation Code because yours is lost, we will charge you the price set out in our Tariff plan.

If you use the eSIM Service to access the internet we accept no responsibility for any content or services you access. 

We may decide to refuse to provide any part of the services to you. For example, we may bar you from using certain overseas networks and from making premium-rate calls.

3. Mobile Number Portability

We support MNP in the UK only for our Domestic Vodafone and O2 UK plans ( not for Travel plans ).

Port-In: If you have another SIM with a UK mobile number and wish to port your number this to our eSIM service ask your current provider for a PAC code.

Port-out: Alternatively you can port your eSIM service number to another SIM supplied by a UK mobile operator by asking us for a PAC code. In the case where you want to port out your number from our eSIM service to another provider you must request the PAC code from us BEFORE YOUR SERVICE WITH US EXPIRES. Otherwise we will not be able to provide a PAC code. It is not possible to transfer the number to another operator who is not a UK mobile operator.

4. Payment Terms

When you purchase an O2 or Vodafone Voice, SMS and Data plan you your credit card details will be saved. The initial subscription fee will be deducted from your credit card immediately. Your O2 plan will be valid for the first 30 days. During this time you can use the amount of data, minutes and SMSs as described in your plan.

If you exceed the amount of data, voice minutes or SMSs that you plan allows before the 30 days is up then the service will stop working until it is renewed. 

You can cancel the plan at any time and no further payments will be made. Payment is made before the Activation Code is received by you. Note that if you do not cancel the plan then it will be automatically renewed at the end of your 30 day period and your credit card will be billed for the next 30 day period. Once payment is made for a month we cannot issue a refund for that month.

We do not repay any unused calls, data or SMSs once your 30 day bundle expires. Except where there is a clear error, our records are conclusive as to how much you have topped up and how much you have used the services.

It is important to note that any Data, Voice or SMS allowances included in your bundle will renew on the 1st of every month and not at the end of your subscription period. This also means that in the first month of purchase the amount of Data available will be prorated depending on the day of the month that it was purchased. For example if you purchased the service in the middle of the calendar month you would have 50% of Data until the end of the calendar month. You would then have your full allowance from 1st of the following month.

5. Roaming

You can use your data in any country that is included in your bundle while roaming, but this are subject to the O2 or Vodafone Fair Usage Policies. In addition you can call and text back to any regular UK mobile or landline AND to any regular mobile or landline in the country in which you are roaming. In addition you may be able to make other international calls if they are included in your plan.

In order to avoid overage charges the our services will cease to work if used outside their bundles, unless you have selected the £25 overage option for our O2 and Vodafone plans at the time that you purchased your service.

Inclusive roaming data, voice minutes and SMSs are intended for use during periodic travel and not for customers living in the EU countries or the Vodafone additional roaming countries on a semi-permanent or permanent basis.

6.  Losing your SIM

If your phone or Activation Code is stolen, destroyed or lost, you must notify us immediately as you will remain responsible for any use of the eSIM service and our charges until you tell us it is lost.

Where your phone or Activation Code is lost we do give you any refund for any services that you have paid for in advance. You can acquire a new QR code in our self-service MyeSIM portal.

7.  Suspension, disconnection and ending the agreement

You may not use your eSIM service in any device; or in a way that adversely impacts the service to our other customers. If for any reason we reasonably suspect that you are not acting in accordance with this policy, we reserve the right to impose further charges, or transfer you to another tariff or disconnect your account.

We can suspend restrict or stop providing the services if:

  • we believe your eSIM service is being used in breach of this agreement
  • the time period for your Plan has expired
  • you do not keep to this agreement.
  • we believe that when you have topped up (or have tried to top up) your service, you have used a stolen or false debit or credit card or if any debit or credit card transaction is at some time charged back to us.
  • you do anything (or allow anything to be done) which we think may damage or affect the operation or security of the network or the services.
  • we are told by any competent body to do so

If we have to disconnect your eSIM service for any of the reasons outlined in these Terms and Conditions, you will lose any credit held on your account as well as your phone number.

You may terminate this agreement at any time by telling us in writing, but you will lose any unused credit and your phone number

8.  If we alter your Tariff Plan or other terms

We may lower our charges at any time and we do not need to advise you of this.  If we increase our charges, we will give you at least 21 days’ notice by sending a message to your phone. Any increased charges will only apply after the expiry of the notice we give you.  You can cancel your agreement with us at any time during that notice period and we will refund any unused credit to you

We may make changes to or withdraw services at any time and we can make changes to or introduce new terms to this agreement at any time. If possible we will give reasonable notice of these changes. The changes will apply when we publish details of them, and after we have notified you for example by sending messages to your SIM.

 By continuing to use the services after we have notified you of a change of Tariff or of any other terms, you agree to these changes. If you are not happy with any of these changes, you do not have to continue to top up your account or use the services.

9.  Legal Liability

We will not be liable to you for loss of income or profit; loss of use of the services; lost business or missed opportunities; or any loss or damage that is not directly caused by us or which we did not reasonably expect at the time you entered into this agreement.

We will not be legally responsible to you if we cannot provide the services because of something outside our control.

In all cases except where our negligence causes death or personal injury, our liability to you will not be more than £3,000 for each claim or a series of claims.

This agreement does not affect any rights you have as a consumer

10.  Personal Data

If any country requires detailed personal information about you prior to providing mobile service in that country then we have to right to ask for this information before providing eSIM service.

We may use your personal information to:

  • manage your account, carry out customer-care or staff training activities
  • monitor calls, emails or text messages that you send us
  • monitor the quality and security of the network and test and maintain our IT systems
  • contact you with marketing messages unless you object and tell us not to. These messages may include marketing from other organisations. If you do not want to receive marketing messages from us, please contact us through our website
  • analyse your use of the services for marketing purposes, including, the calls and messages you send and receive and your location at the time these take place, as well as your browsing history and use of our website
  • send to the emergency services (if you make an emergency call), including your approximate location

11. Fair Usage Policy

This fair usage policy (“Fair Usage Policy”) explains your usage obligations, how to avoid breaching these obligations and what will happen if you breach or and fall outside of this Fair Usage Policy. Please note that compliance with this Fair Usage Policy is a requirement of your contract. Details of your terms and conditions can be found on www.o2.co.uk/termsandconditions/business. Your obligations

  1. You must only use the eSIM services for private, personal and legitimate business purposes. What to avoid: You must not use your eSIM service to support any connection where the eSIM is installed into equipment for use with applications that primarily transfer information between fixed systems and remotely located handsets/assets or any other remote computer systems.
  2. You must only use equipment or eSIM service for the purposes advertised, described in any user guides, or as instructed by us. You can’t use an eSIM service in or connected to any device or hardware other than the device or hardware it is supplied with. What to avoid: Using equipment or eSIM service other than as intended. For example, using your eSIM service in a modem instead of a mobile phone or tablet would fall outside this Fair Usage Policy.
  3. You must not use, or allow anyone else to use, the services or eSIM service for call forwarding services, concurrent calling, paging services, and onward calling services or to contact numbers that pay a revenue share and you can’t resell our services. What to avoid Making unusually high volumes of calls, making multiple calls at the same time or making calls to earn financial revenue or any other reward from these calls would constitute use of our services or eSIM service that would fall outside this Fair Usage Policy.
  4. You must not use our services or eSIM service to generate artificially inflated traffic or to persistently send automated or unsolicited text messages. What to avoid: Sending unusually high volumes of SMS messages, sending SMS messages to an unusually large number of recipients or distribution groups or sending any automated or unsolicited SMS messages. For example, sending spam text messages would fall outside this Fair Usage Policy.
  5. You must not use our services or an eSIM service in such a way that in our reasonable opinion we reasonably believe adversely impacts our network or the service to our other customers. What to avoid: Using our services to do anything which slows down the performance of the network, or prevents other customers from using the network as intended because of congestion caused by your usage of the services.
  6. You must not establish, install or use a gateway device without our prior written consent (including devices tethered via cable, Bluetooth or WiFi, to a computer or the internet, when used for making large volumes of calls or sending large volumes of texts). We can withhold our consent for this activity at our absolute discretion. What to avoid: Using gateway devices to send automated messages or make automated calls would fall outside this Fair Usage Policy.
  7. You must not use our services fraudulently, in connection with a criminal offence, in breach of any law or statutory duty, to make a call or send a message or to take pictures or video or send, upload, download, use or re-use any material, which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax in breach of any rights or anyone’s privacy or is otherwise unlawful. What to avoid: Making nuisance phone calls, unlawful file sharing, and sharing, downloading or viewing inappropriate or illegal content are examples of use that would fall outside this Fair Usage Policy. For the avoidance of doubt the prohibited activities listed above is a non- exhaustive list. We reserve the right to assess any activity which it may consider inconsistent with a reasonable customer’s good faith use of the services provided by us.
  8. You may use our services in the permitted countries in your bundle for periodic travel only, like holidays or short breaks. If you’re not genuinely using our services for periodic travel we may have to charge you for, or suspend you from, using our services in the permitted countries. What to avoid: Using our services for the first time outside of the UK or using our services within our Europe Zone for prolonged periods which don’t follow reasonable business holiday or travel patterns and behaviour. If you use our services in the permitted countries for 60 or more days in any four month period this is likely to be deemed to be an unfair use of our services and you will be in breach of this Fair Usage Policy.

11.1. What happens if your usage falls outside this Fair Usage policy?

Calls and texts: If we reasonably suspect you’re not complying with this policy, we reserve the right to impose further charges or disconnect your eSIM service or your tariff at any time, having attempted to contact you first.

Data use: When you use a lot of data, it slows things down for everyone. So to keep things fair, we keep an eye on how much data you, and all our customers, use. We can use appropriate traffic shaping or throttling measures to protect our network from types of data usage which we think might impact on levels of service for other customers. This may happen at specific times of day and/or in specific locations. We may impose network protection controls which may reduce your speed, remove access to your tariff allowances or Bolt-ons, impose further charges to your account, and/or disconnect your eSIM service at any time.

Remember that this isn’t an exhaustive list of how you could be breaching this Fair Usage Policy. If we reasonably suspect you’re not complying with this policy, we reserve the right to impose further charges or disconnect your eSIM service or your tariff at any time, having attempted to contact you first.

12. Conditions for your Data-Only eSIM service

The Fair Usage policy on both Europe and USA 30 Day data-only plans available through our Travel store is a full 10GB high-speed data, then throttled (slowed down) to a maximum of 15GB.

13.  General

We may transfer this agreement to anyone else at any time.

If you or we fail to enforce rights under this agreement, it will not prevent you or us from taking further action.

This agreement is under English law

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