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Service Terms and conditions

We ask you to accept the Terms and Conditions when you order or activate your SIM card and your activation of the 48 Services means that you accept them. We'll keep these Terms and Conditions up to date at www.48months.ie at the link at the bottom of every page.


Contents



IMPORTANT - YOUR RIGHT TO CANCEL

In accordance with your statutory entitlements you have a 14 day right to cancel an agreement for 48 Services or goods bought by you. Where it applies, this cancellation right is available from the date we agree to provide you with the 48 Services or from the date of delivery of any goods purchased by you (if this delivery date is later).

Where it applies: You are entitled to use your cancellation right where your agreement with us is made (or where you offer to complete an agreement with us) at a location which is not a 48 business premises or the business premises of a 48 representative and where the payment to be made by you is above ???50. You are also entitled to use your cancellation right where your agreement with us is made by means of distance selling (e.g. online or over the telephone).

If you choose to cancel your agreement with us please contact our Customer Care team through www.48months.ie before the end of the cancellation period. Where you use your cancellation right we will reimburse payments made by you. Please note that you will be responsible for charges which apply for using any services provided by us. You will also be responsible for any decrease in the value of the goods returned by you which results from using the goods in a way which is above what is necessary to establish the goods features and how the goods work. For information on how to return goods to 48 please see our returns policy on www.48months.ie. Please note that cancellation rights are provided to consumers only.


1. When the agreement starts
The agreement starts when you first use the 48 Services. Provided that you have credit on your Account we will provide you with the 48 Services until either of us decides to end the agreement in the ways allowed in Section 8 below.
2. Changes to the Terms and Conditions
2.1 We may make changes to the Terms and Conditions (including changes to price and tariff details and rules) at any time. We may stop providing certain price plans and tariffs and replace them with new price plans and tariffs at any time. We may make changes to the 48 Services or withdraw certain parts of the 48 Services at any time and we can introduce new terms to the Terms and Conditions at any time.
2.2 We will let you know at least 1 month in advance of changes we make to the Terms and Conditions by contacting you directly in the ways allowed by Section 16 below. If you do not agree with any changes we make then you are free to stop using the 48 Services. If you do not contact us telling us that you do not agree to the change within 30 days of the date we notify you then your continued use of the 48 Services as changed by us indicates to us that you agree to the change.
2.3 We may need to change your phone number or other numbers and access details we provide to you as part of the 48 Services. We will let you know if this is the case.
3. Providing you with the 48 Services
3.1 We will immediately connect you to the 48 Services as soon as your application is completed and authorised.
3.2 We reserve the right to limit the availability of the 48 Services for people in certain age categories (details of the age categories which qualify to use the 48 Services are published on www.48months.ie).
3.3 We also reserve the right to apply technical measures to manage the general data traffic on our Network in order to provide the best possible service to all our customers and to make the most efficient use of the Network. The technical measures may result in us prioritising the way certain types of data traffic is carried on the Network.
3.4 We will try and provide you with the 48 Services at all times but due to the nature of mobile technology it's not possible to provide you with an error free or fault free service. We do not warrant or guarantee that the operation of the 48 Services or any related products and services provided by us will be uninterrupted, secure or fault free or will meet any specific requirements that you may have.
3.5 We will use reasonable efforts to give you access to mobile networks outside the Republic of Ireland (i.e. roaming) but we reserve the right not to do so for any commercial or technical reason. Roaming will only be available outside the Republic of Ireland if we have a roaming agreement with the foreign mobile network. Overseas mobile networks may be limited by quality and coverage and not all services may be available while you are abroad.
3.6 We reserve the right to issue you with reasonable instructions concerning the use of the 48 Services (including the right to restrict certain components of the 48 Services) in the interests of safety, quality of service, other customers or for any other technical or operational reason we think is necessary. If you do not keep to any instructions we provide you we may either suspend or terminate the 48 Services in accordance with Section 7 (Suspension) or Section 8 (Termination) below.
3.7 We do not warrant, guarantee or endorse any content or Third Party Services you may access or use and your use of any content or Third Party Service is entirely at your own risk. We will not be responsible for any losses or damages that occur through your access or use of content or Third Party Services. We reserve the right to suspend or terminate the availability of content or Third Party Services at any time.
3.8 We do not guarantee access to content or Third Party Services on the internet and we do not accept responsibility or liability in any way where you access or download content from the internet or upload or transmit content using the 48 Services.
4. Your use of the 48 Services and your obligations to us
4.1 You must use the 48 Services in accordance with these Terms and Conditions and any other reasonable instructions we give you or publish on www.48months.ie.
4.2 You are responsible for the use of the 48 Services and for all Charges that relate to your SIM Card.
4.3 You must not sell to anyone else or commercially exploit any of the 48 Services or access to the Network.
4.4 You must not use the 48 Services for any purpose which we believe is abusive, illegal, fraudulent, a nuisance or for criminal activities.
4.5 You must not use the Mobile Equipment in any way that breaches another person's rights or in any way that we believe constitutes an interference with the Network or harms the Network.
4.6 You must tell us if your Mobile Equipment is lost or stolen.
4.7 Content made available to you or which you access as part of Third Party Services may be protected by copyright and other intellectual property rights. Unless you have the separate permission of the relevant rights holder you are not allowed to edit or change the content or to copy and distribute the content to any third parties.
4.8 We do not offer Age Restricted Services as part of the 48 Services.
5. Mobile Phone locking
Your mobile phone may be locked to another network. If this is the case, be aware that unlocking your handset and using 48 Services may invalidate your handset's warranty and/or permanently damage the handset or the data stored on it and does not excuse you from any contract obligations you may have with your original network operator. Please read your original network operator terms and conditions.
6.Charges and paying for the 48 Services
Details of all Charges for 48 Services are published on www.48months.ie and form part of the Terms and Conditions.
6.1 You can pay for 48 Services on a prepay basis by purchasing top up credit which you then add to your Account. The amounts you are charged will be calculated in accordance with the price and tariff information we publish on www.48months.ie. VAT will also be charged if this applies.
6.2 As you use the 48 Services, prepay Charges will apply and your Account will be reduced in accordance with the price and tariff information we publish on www.48months.ie. Top up credit and unused allowances on your Account which are not used will expire and be lost at the end of the period of time they are made available for. Credit and other unused allowances are non refundable and cannot be transferred to another number. We may notify you when your Account reaches a certain minimum level.
6.3 If the SIM Card or Mobile Equipment is lost or stolen you are still responsible for the Charges until you tell us what happened and request that we disconnect the SIM Card and Mobile Equipment from the 48 Services.
6.4 To protect both you and us against possible fraud, we may limit the maximum amount of credit which can be added to your Account. If a bank fails to honour a debit or credit card payment for your purchase of top up credit then we are entitled to place a charge on your Account. Your Account balance may drop below zero if we apply this charge and you will need to purchase and activate additional top up credit to clear the negative balance on your Account.
6.5 If you owe us any amount and you do not pay it when it should have been paid we may take this from any credit balance on your Account or from any debit or credit card details you have given us. We may also charge you interest on the unpaid amount on a daily basis at the rate of 2% above the base lending rate of Allied Irish Bank plc. We may also charge you reasonable administration and collection costs as a result of you not paying any amount due to us.
7.Suspending the 48 Services
7.1 We can immediately suspend (i.e. bar), restrict or end the provision of the 48 Services (in total or in part) if:
  • You do not keep to the Terms and Conditions;
  • You do not keep to any legal requirements which may apply to your use of the 48 Services;
  • We believe that the 48 Services are being used by you in a way not allowed by these Terms and Conditions;
  • We believe that you have entered into your agreement with us either under a misrepresentation or fraudulently;
  • You tell us that your Mobile Equipment has been lost or stolen;
  • We believe that the right to use any number or password used in relation to the 48 Services is or has been obtained using a misrepresentation or in an unauthorised, unlawful, improper or fraudulent way;
  • You engage in any activity which we reasonably consider is likely to damage the operation or security of the Network;
  • You use the 48 Services to make calls to or from a 'Mobile Gateway' or 'SIM Box';
  • If we are permanently unable to provide the 48 Services to you;
  • We believe that when you have topped up (or have attempted to top up) your Account, you have paid or are attempting to pay using a stolen or otherwise barred or false debit or credit card or if the debit or credit card transaction is at some time charged back to us. We may remove the bar when we have been paid the amount owing to us; or
  • If we need to in order to comply with a direction from a body authorised to issue orders or general directions to us.
7.2 In addition to the circumstances set out in Section 7.1 above, we may suspend (i.e. bar), restrict or end the provision of the 48 Services (in total or in part) if you choose not to purchase top up credit or make a chargeable use in respect of your Account for a period of 6 months.
7.3 Where the 48 Services are suspended because you have chosen not to purchase top up credit or make a chargeable use in respect of your Account for a period of 6 months, we will remove any credit on your Account after a further 2 months and credit will not be recoverable. Your service will then remain suspended for a further 5 months and can be reconnected at any time during this period. When the suspension period ends your service will be disconnected, this agreement will end and your number will be immediately lost.
7.4 We will try and tell you when we suspend, restrict or end your use of the 48 Services but we are not required to.
8. Terminating and ending the agreement
8.1 You can end your agreement with us at any stage by not using the 48 Services and choosing not to top up your Account at any stage over a 6 month period or if we tell you that there is a modification to these Terms and Conditions and you do not accept the modification by notifying us in the ways we allow of your non acceptance within 30 days of the date we make publicly known or directly tell you about the modification. No cancellation charges will apply.
8.2 You can also end the agreement with us at any stage if we don't do something fundamental that we should have done under these Terms and Conditions.
8.3 We can end the agreement with you at any time if the circumstances indicated in Section 7 above allow us to suspend (i.e. bar) or disconnect you from the 48 Services and we reasonably believe that the circumstances will not or cannot be promptly fixed or corrected.
What happens when the agreements ends
8.4 When this agreement ends we will disconnect you from the Network and you will have to pay us all outstanding Charges which are due to us. Unless Section 7.3 applies, unused top up credit will be lost and is not recoverable when this agreement ends.
9.Limits and exclusions of liability
9.1 All of our obligations to you for providing 48 Services are set out in the Terms and Conditions.
9.2 We will be legally responsible to you if our negligence causes death or personal injury. We will not be legally responsible to you for:
  • loss of income;
  • loss of use of the 48 Services;
  • lost business or missed opportunities; or
  • any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into this agreement with you.
9.3 We will not be legally responsible to you if we
  • cannot provide the 48 Services because of something outside of our reasonable control; or
  • suspend your use of the 48 Services or terminate your agreement with us for valid reasons allowed by these Terms and Conditions.
9.4 Except for fraud or where our negligence causes death or personal injury, we will not pay more than €3000 or 125% of the Charges paid by you in the previous 12 months, whichever amount is lesser, for each claim or a series of related claims.
9.5 We will use such reasonable skill and care in providing you with the 48 Services as may be expected of a competent mobile telecommunications operator. Except as expressly stated in the Terms and Conditions, all conditions, terms, warranties and representations whether expressly made or implied by law in relation to the provision of the 48 Services are excluded (to the fullest extent permitted by applicable law). The terms of your agreement with us will not affect any rights which you may have under any law and which we cannot limit or exclude under any contract or agreement with you.
10. Directory services and Number identification
We will, unless advised differently by you, include your name and mobile phone number on the National Directory Database. You may also, as part of this process, request to us that we indicate your preferences to receive third party marketing telephone calls. The 48 Services will allow the display of your mobile phone number on receiving handsets.
11.1 You do not own the telephone number we provide you as part of the 48 Services and we may change the telephone number we provide you at any time for operational and technical reasons.
12. Roaming
You may only use the 48 Services outside Ireland if we have made roaming facilities available to you. Additional terms and charges will apply if you are using the 48 Services outside Ireland. Please refer to www.48months.ie for further details.
13. Porting to the Network
13.1 If you are transferring to the Network from another mobile operator you will have to comply with the porting requirements of this mobile operator and also our porting requirements.
13.2 We may be unable to transfer and port your mobile number to the Network if you have not complied with the porting requirements of the mobile operator you are transferring from or our porting requirements.
13.3 Any existing credits and allowances that you may have with another mobile operator will not be transferred to us and we do not give you any commitment that your number can be transferred to us.
13.4 Certain services which you are able to receive from other mobile operators may not be available on the Network and you may need to get locking functions removed by the mobile operator that you are transferring from.
13.5 We may reject your request to transfer to the Network if any information you provide us as part of the porting process is inaccurate or false, if you owe any money to the mobile operator you are transferring from or for other valid technical and operational reasons. Please refer to www.48months.ie for further details on how to port your number.
14. How we may use your information and personal details
14.1 We and our group companies may use your information and personal details collected under our agreement with you and through your dealings with us to keep to our legal requirements and for the following purposes:
  • To process your application, manage your Account, carry out credit and security checks, invoicing, debt recovery and customer service queries;
  • To monitor and test the quality and security of our Network and IT systems;
  • To carry out market research or profile your use of our products and services or billing history for statistical and customer service purposes;
  • To prevent or detect crime and any other lawful purpose (please note that this may involve the sharing of data with third parties such as lawful authorities and other network operators).
14.2 We may also use your information and personal details to contact you with marketing messages by SMS, email, phone or post. We will do this for so long as you continue to use the 48 Services and for a reasonable period of time after you cease to use the 48 Services in order to inform you about products and services and promotions and special offers which we feel may be of interest to you. These marketing messages will provide you with information about our own products and services and information about products and services provided by our selected partners and third parties. If you do not wish to receive such information please contact us in the ways we allow via www.48months.ie to amend your preference.
14.3 Where you have indicated your permission and preferences we may use your location and service usage data to better understand your usage of our services and for the purposes set out in 14.1 and 14.2 above.
14.4 Where you wish to avail of Third Party Services it may be necessary for us to pass your information and personal details to third parties.
14.5 By entering into this agreement with us you explicitly agree to the use of your information and personal details for the purposes set out in 14.1, 14.2, 14.3 and 14.4 above. Your information and personal details will be retained for a reasonable period of time in a secure environment. Further information on how we obtain, hold and use your information and personal details is available in our Privacy Policy which is available on www.48months.ie.
15. Complaints procedure and the 48 Code of Practice
15.1 If you are unhappy about the 48 Services you should contact us via www.48months.ie. How we handle complaints is detailed in the Code of Practice which is available on www.48months.ie.
15.2 If, at the end of the complaints process, you feel your complaint has not been properly addressed, you can contact the Commission for Communications Regulation (ComReg). Contact details for ComReg are specified in the Code of Practice.
15.3 Details on our maintenance services and how to request a refund or compensation from us for failures by us to meet contracted service quality levels are set out in the Code of Practice.
16. Notices under these Terms and Conditions
16.1 If we need to send you notices under the Terms and Conditions we will send them by phone or by post or by email or by SMS text or by uploading them to www.48months.ie.
16.2 If we send you notices by post, email or SMS text we will use the contact details you have provided to us as part of the application and registration process for 48 Services. You must tell us about any changes to your contact details.
16.3 We will treat any notices we send you by post, email or SMS text as having been received by you within a reasonable amount of time after we send them. We will treat any notices we make by uploading them to www.48months.ie as having been notified to you from the date of publication.
16.4 You must send us notices by email in the ways we generally allow. Please see www.48months.ie for relevant contact details.
17. Using Emergency Services
You can use the 48 Services to access emergency services free of charge. In accordance with mandatory regulatory requirements, your caller location data may be passed to the emergency services. Please note that your ability to access emergency services in this way is dependent on the type of service you are using and you may be restricted from accessing emergency services because of operational and technical circumstances beyond our control.
18. Fair Use Policy/ Acceptable Use Policy
18.1 It is important that all eligible 48 customers are able to access our services. This fair use policy applies where your use of the 48 Services is deemed by us to be excessive or unreasonable. The Charges are subject to a fair use threshold currently set at 3,000 minutes and 5,000 text messages for every monthly period that applies.  Calls to Irish mobile numbers are capped at 60 minutes, after that your call will be disconnected and you will have to dial again to restart the call. Your use may also be considered by us to be excessive where you call more than 100 different phone numbers or text more than 200 different numbers over the course of any monthly period that applies. The thresholds for the 48 internet options are outlined in the Price Plan Rules and the Add-on Rules. Our internet options are available for use with your 48 SIM Card in your 48 handset only. Except where expressly stated, tethering or use of the 48 handset as, or the sim in conjunction with, a modem is not allowed and may be disabled.
18.2 If, 48 is of the opinion, at its absolute discretion, that your usage of the Service materially exceeds the Threshold over the applicable period, 48 may contact you to advise you that your usage exceeds its fair usage policy. If such excessive usage continues to exceed the Threshold after receipt of a request to desist from or alter the nature of such usage, 48 reserves the right at its absolute discretion, to suspend, modify or restrict your use of the Service or to withdraw your access to the Offer.
18.3 You are not permitted to use the 48 Services in the following ways:
  • with any SIM gateways, GSM gateways or any similar device that is used to route voice, text or other services or which transfers calls to multiple mobile numbers;
  • with any device for the purpose of sending or receiving large volumes of text messages;
  • to provide commercial services to any third party;
  • to provide any telecommunications services to a third party;
  • other than for private, personal purposes; or
  • in any other way that adversely impacts the availability of 48 Services for other 48 customers.
19. General
19.1 This agreement is the complete agreement between you and us and is governed by Irish law. We both agree to bring any legal actions about the Terms and Conditions in an Irish court.
19.2 We can transfer this agreement to another party at any time. You may not transfer this agreement to another party unless we have agreed in writing beforehand. No other person may benefit from this agreement.
19.3 If either of us delays or fails to enforce our rights under this agreement this will not prevent either of us from taking further action.
19.4 If any of the terms of this agreement are not valid or enforceable this will not affect the other terms. We may replace any term of this agreement that is not valid with a similar term that is.
20. Explanation of certain words used in the Terms and Conditions
"Account" means your account for the 48 Services which records details of your use of the 48 Services.
"Age Restricted Services" means services of an adult nature which are generally specified for use by people aged 18 or over.
"Charges" means the charges and tariffs for 48 Services we publish on www.48months.ie. Charges may cover fixed recurring charges, usage charges one off charges, other applicable charges and charges for Third Party Services.
"Mobile Equipment" means your mobile phone or other equipment and the SIM Card used to access the 48 Services.
"Network" means the mobile communications network used by us to provide you with the 48 Services.
"Privacy Policy" means our privacy policy available on www.48months.ie.
"SIM Card" means the Subscriber Identity Module card provided to you for access and use of 48 Services.
"Third Party Service" means any service promoted or provided by third parties and accessed by you using the 48 Services.
"User Guides" means the guides and documents which describe how to use the 48 Services (these may be amended from time to time and can be viewed on www.48months.ie).
"We", "us" and "our" means Telefonica Ireland Limited (trading as "48"), a company registered in the Republic of Ireland under company number 234895 and with a registered office located at 28/29 Sir John Rogerson's Quay, Dublin 2, Ireland. (Please note that 48 is a trading name of Telefonica Ireland Limited).
"You" or "your" means you, our customer, who is a party to the agreement with us for 48 Services.
"48 Services" means the mobile communications services provided to you by us.

Effective Date: 5th March 2013