Terms
and Conditions for Broadband Services
This Customer agreement (The Agreement) is made by
and between the person or Legal Entity whose Name and Address is detailed in (written
in) the panel titled as “customer account details” on the page overleaf (The Customer
or You) and Adelphi Net1 Limited, of Ballymakenny Road,
Drogheda, Co Louth (Net1 or We) for the provision and use of Fixed Wireless
Broadband Internet Connectivity Access Service and or Voice Over IP Telephony
Service (“The Broadband Services”). The Customer means the person or legal
entity with whom Adelphi Net1 Limited makes, has made or is deemed to have made
this agreement for the provision to such person or Legal Entity of “the
Broadband Services” and also means a person or legal entity to which such
service has been or is being provided. The term “Customer” refers to the
individual or entity who subscribes to “the Broadband Services” provided by
Net1. In the case where the Customer is a person, the Customer confirms that
they are at least 18 years of age, are legally able to enter into contracts and
are responsible for this Customer subscriber account. The Customer shall pay
all fees, taxes, charges and other expenses incurred in connection with the
account.
This document sets out the terms and conditions of the use of “the Broadband
Services” to be provided by Adelphi Net1 Limited a Limited Company incorporated
under the laws of the Republic of Ireland with registered offices at
Ballymakenny Road, Drogheda, Co. Louth ("NET1") and - together
with the schedules for pricing, services, specification and technical support
set out as links from this page - comprises the full agreement for the use of
our broadband services by the Customer. ("the Agreement"). The
Customer and Net1 hereby agree the following.
1 Commencement and Duration of this Agreement
1.1 This Agreement commences on the date that the successful
installation of the Net1 wireless internet receiver at (or on) your premises
has been completed and the installation acceptance form has been signed by you
or on your behalf by your representative (your representative is the person
whom, in your absence, you will have arranged to attend your premises, in order
to supervise the Net1 representative’s access to your premises, for the
purposes of completing the installation of the Net1 receiver equipment) (the "Commencement Date") and will
continue for an initial minimum term of 12 months (the "Initial
Term") and indefinitely thereafter unless terminated earlier by either
party in accordance with Clause 13 of this Agreement. Our Acceptance of your
application for broadband services is subject to us performing a credit check
on you and being satisfied in all respects with the outcome of the credit
check.
1.2 We will
make our best commercial endeavours to complete the Net1 installation at your
premises and commence this agreement within 30 days of Net1 receiving the
properly completed and signed Net1 service level agreement contract document
complete with the appropriate installation fee and appropriate documents for
the ongoing automated payment of the monthly service fees. Failure to provide
us with all of the necessary properly completed & signed documents and
funds will lead to delays in the time taken to provide installation (Commencement
of Service) or even no installation at all.
2 Net1 Provision Of “the Broadband Services”
2.1 We will provide the Fixed Wireless Broadband Internet Connectivity
Access Service and or Voice Over IP Telephony Service (“the Broadband Services”)
to you with reasonable skill and care and in accordance with the provisions of
this Agreement. Whilst we will use our reasonable endeavours to begin providing
“the Broadband Services” by any date provisionally agreed with you, we have no
liability for any failure to meet any date. We can only provide services in
areas of the
2.2 In order to use “the Broadband Services”, you need a personal
computer of a minimum specification. The minimum specification is listed on our
website at www.net1.ie
You acknowledge that we are dependent upon certain third parties to install and
provide “the Broadband Services” to you. You also acknowledge that there may be
technical limits that prevent us from delivering an operational service to you.
We will endeavour
to provide the “The Broadband Services” to you at the access rate you choose
but, due to congestion within the network, the speed of service may be reduced
at times or continually in the event that the location of your premises allows
only a low level of wireless radio signal level.
2.3 We do not undertake to provide a fault free service. If, however, a
fault occurs, you should report the fault by telephone, electronic mail or in
writing to the Support Service. The details of the contact points for reporting
and or escalating a fault are detailed on the welcome sheet which is provided
to the Customer at the time of the initial installation and connection and or
at our website www.net1.ie We will let you know as soon as reasonably
practicable of any periods of downtime of the Support Service.
2.4
We may suspend “the Broadband Services” including during scheduled periods of
downtime where necessary for operational reasons such as repair, maintenance or
improvement of “the Broadband Services” or because of an emergency. Net1 will
restore “the Broadband Services” as soon as it reasonably can after suspension.
2.5 We may, for operational or other reasons, change any codes or the
numbers allocated to you or the specification of “the Broadband Services” but
any such changes will not materially affect “the Broadband Services”.
2.6 We reserve the right to vary the Content (as defined in clause 5.2
below) from time to time at our sole discretion and do not guarantee or warrant
that any particular item or items of Content will be available at any given
time or at the commencement of “the Broadband Services”s.
2.7 Net1 provides all services on an
“As Is” basis. In providing Internet access and any other services, Net1, it’s
officers, directors, employees, representatives and agents, make no
representations or warranties except as expressly stated herein and expressly
disclaim all implied warranties, including without limitation, warranties of
merchantability, fitness for a particular purpose whatsoever. Without limiting
the foregoing, Net1 will not be liable for damages resulting the use or
inability to use “the Broadband Services” or to access the internet, reliance
on information obtained through the internet, interruptions in service,
deletion of files or e-mail, lost data, unauthorized access to the customers
records or files, errors, defects, viruses, delays in operation or
transmissions or any other failure of performance.
2.8 “the
Broadband Services” provided by Net1 is best effort and thus NOT “life safety”
qualified. You agree that you have considered the “best effort” nature of the Internet
connection service as supplied by Net1 before deciding whether the use of the
Net1 service or the use of VOIP telephones, security systems, health monitoring
systems or other systems requiring permanent, always-on connections is
appropriate.
2.9 Net1
does not guarantee Internet network performance. Net1 provides an Internet
access service, and most conditions (including congestion and contention) on
the internet are completely outside the control of Net1.
2.10 Net1 may immediately suspend your access to “the Broadband
Services” in the event that you do not pay an invoice in accordance with Clause
3.
2.11 Types of
maintenance service provided. The schedule of different maintenance services
provided is detailed on the Net1 website at www.net1.ie/maintenanceservices
3
Charges And Deposits
3.1 You agree to pay us the charges as detailed in this service level
agreement as written in the panel titled “service details” overleaf (the "Fees")
and also all charges & fees as listed in the schedules on our website at www.net1.ie/charges&fees
and www.net1.ie/fieldservicecharges.
3.2 We will send you your first bill shortly after we begin providing “the
Broadband Services”. We will send you a further bill every month, but we may
send you a bill at anytime. We will send bills to the address on your
registration details or any other address you ask us to. We also reserve the
right to issue bills by e-mailing these bills to you every month (although we
reserve the right to send you a bill by e-mail at any time).
3.3 During the registration process, we will ask you to complete/provide
a payment by credit card or completion of a standing order mandate to enable us
to collect payments from your account, and for any additional services that we
may provide to you. If you seek to discharge your account in a manner other
than by way of automated bank standing order mandate or automated bank direct
debit mandate (e.g. cheque, cash, credit card or via paypal) we reserve the
right to levy an additional administration charge as detailed in our schedule
of Charges and fees available on www.net1.ie/chargesandfees Credit accounts are not available, and cash
or cheque payments are only accepted annually in advance. (Prepayment)
3.4 You must pay all charges and rentals in accordance with your bank or
credit card authority, or if, for some reason, your bank or credit card payment
fails, in accordance with the time for payment which is detailed in clause
3.5.1, .2, .3, .4, .5, and .6, in this
agreement. You must pay all deposits when we ask for them.
3.5 Payments
are due in advance, on or about the 1’st day of each month. Accounts are
considered active until cancelled in writing by the Customer, provided the
Initial Term has been fulfilled under the terms of clause 13.4 (12 months
minimum contract period). Unused time in any month is non refundable. Unpaid
accounts in default may be subject to a late payment charge of EUR €22.5 and an
interest charge of 1.5% per month on the outstanding balance. If your account
is referred to a collection agent the customer agrees to pay any collection
costs incurred, including any reasonable legal fees, and court costs.
3.6 Should it
arise that a Customer’s service is disconnected by Net1 following continued
payment failures, or non payment, a reconnection charge of €30.25 (inclusive of
vat) shall be levied and must be paid by the Customer prior to reconnection by
Net1.
3.7 Dependant
upon the outcome of the initial credit check which Net1 carries out on the
customer who is submitting this Net1 Service Level Agreement, it is agreed that
Net1 may request either a security deposit to be paid (which will be refundable
upon termination of this agreement) or annual prepayment in advance of the Net1
service being offered or provided to the Customer. Credit account facilities
(Post pay) are not available from Net1.
3.8 Failure to pay.
3.8.1 If your electronic payment is rejected, or becomes, or is, invalid
or unavailable, thereby preventing us from recovering the sums due under your
account within 4 days following the due date for payment, we reserve the right
immediately to withdraw your access to “the Broadband Services”. You will also
be charged an administration fee as detailed in our schedule of Charges and
fees at www.net1.ie/charges&fees.
3.8.2 In these circumstances, you will be sent a letter giving you 10
days in which to arrange for your account to be discharged in full.
3.8.3 If, in response to our letter, you provide us with your valid
payment details so as to enable us to collect the sums due on your account, we
will re-apply for payment. If your proposed electronic payment method is still
rejected, invalid or unavailable, or if your account remains outstanding for
any other reason, 18 days after the original due date for payment, then (i) you
will be charged a further administration fee (as detailed in our schedule of
Charges and fees at www.net1.ie/charges&fees)
together with a fee for the submission of a further warning letter (again as
detailed in our www.net1.ie/charges&fees),
and (ii) a letter will be sent to you requesting the discharge of your account
in full, and/or for appropriate arrangements to be made with us for your
account to be discharged, which must be effected within 7 days from the date of
this letter, failing which we reserve the right to refer your outstanding
account to Net1 credit control department.
3.8.4 If your account remains unpaid for a period of 25 days after the
original due date for payment, a security deposit of three times your average
monthly invoice will be required before we reinstate your Broadband Services.
This is refundable upon termination of this agreement.
3.8.5 If your account remains unpaid for a period of 32 days after the
original due date for payment, your service will then be terminated and your
account will be referred to Net1’s credit control department for it to take the
appropriate action to collect the outstanding sums.
3.8.6 If we are required to instruct our solicitors or other
professional advisers to collect any outstanding sums on your account, you will
be responsible for, and we will look to you to discharge, those costs that are
incurred by us in taking such action. Compound interest will be charged on all
overdue accounts at the rate of 1.5% per month.
3.9 You must ensure that the account holder's name is the same as the
name on the payment details that are provided.
3.10 If you currently receive a broadband service from an alternative
supplier you are responsible for any contractual agreement you have with them
and any liabilities you may incur for terminating your current agreement.
3.11 If you change address, you may transfer “the Broadband Services” to
your new address on payment of the Moving Fee in advance, as detailed in our
service callout charges & fees schedule at www.net1.ie/fieldservicecharges.
You are still subject to the terms of clause 13.5 in the event that we are
unable to provide you with “the Broadband Services” at the location of your new
address.
4 Equipment
4.1 The Customer, will ensure that any equipment that you attach
(directly or indirectly) to “the Broadband Services” is technically compatible
with “the Broadband Services” and that its use does not breach any relevant
legislation or telecommunications industry standards.
4.2 The
Equipment is, and shall remain the property of Net1 and the Customer shall not
be entitled to acquire ownership during or after termination of this Agreement.
This equipment at all times remains the sole property of Net1 and The Customer
agrees to provide Net1 access to the customer premises and permission to
recover said equipment on demand without delay, obstruction or interference.
4.3 During the
installation certain cabling, mounts, poles and fixings may be used to complete
the installation. These become the property and responsibility of the Customer
once installation has been completed, and the Net1 Installation or Service
acceptance form has been signed by the Customer, and it is the Customer’s
responsibility to ensure they are maintained in operational and safe condition.
4.4 The
Customer agrees to use the equipment in accordance with Net1’s instructions and
to restrict access to the equipment to only those representatives and agents
authorized by net1. The Customer agrees to take reasonable steps to protect the
equipment from damage loss or theft, and should insure same to a replacement
value of €600.
4.5 If Net1
cannot for any reason recover the equipment in good condition on demand from
the Customer, then the Customer agrees they will be immediately liable to pay a
replacement fee determined by Net1 of up to €600 plus applicable taxes.
4.6 The
Customer agrees to notify Net1 as soon as reasonably possible once he becomes
aware of any damage to the equipment or defect in the operation of the
equipment by emailing Net1 to support@net1.ie or by writing by letterpost
to the Net1 registered address.
4.7 The
Customer agrees not to, nor allow any other party to move, dispose of, modify, or
adjust the equipment, nor allow liens to be placed on the equipment.
5 Your Use of “the Broadband Services”
5.1 These Broadband Services are provided solely for your use and you
cannot resell or attempt to resell “the Broadband Services” (or any part of it)
to any third party. In addition, if you have a mail server, you must not allow
relay emails from outside your domain from your mail server.
5.2 We do not warrant or guarantee the accuracy or completeness of any
of the information, sound, software and any other materials (in whatever form)
and services made available to you as part of “the Broadband Services” (the
"Content") or any further information or results which may be
derived from it. You acknowledge that you will not rely on any Content in
making any business or other decision and that your use of the Content is at
your sole risk.
5.3 Please note that there may be additional conditions (either ours or
those of a third party) displayed on line relating to particular Content. These
conditions will also form part of this Agreement should you access such
Content.
5.4
You are entirely responsible for evaluating any goods or services offered by
third parties via “the Broadband Services” or on the Internet. We will not be a
party to or in any way be held responsible to you for any transaction between
you and third parties.
5.5 You must not use “the Broadband Services”:
5.5.1 in a way that breaches any legislation or any license applicable
to you or that is in any way unlawful or fraudulent; or
5.5.2 to deliver, knowingly receive, upload, download, use or re-use any
information or material which is abusive, defamatory, obscene or menacing, or
in breach of any copyright, privacy or any other rights; or
5.5.3 to send or procure the sending of any unsolicited advertising or
promotional material; or
5.5.4 in a way that does not comply with our specific instructions.
5.6 You will fully indemnify us against any actual or potential claims
or legal proceedings against us by a third party because of your use of “the
Broadband Services” in breach of the provisions of this Clause 5. We shall
notify you of any such claims or proceedings and inform you regularly as to the
progress of such claims or proceedings.
5.7 Customers
paying for a residential tariff service will not host any type of Server and/or
allow other users to access a Server via the Net1 Internet connection.
5.8 You acknowledge that Broadband Services are provided to other users
and we owe a duty to these users as a whole to preserve our network integrity
and avoid network degradation. If, in our reasonable opinion, we believe that
your use of “the Broadband Services” has or may adversely affect such network
integrity or may cause network degradation we may change your chosen access
rate or manage your Broadband Services as we see fit in the circumstances.
6 Access and Security
6.1 The Customer will at all reasonable times, provide our employees and
agents, and anyone acting on Net1's behalf producing a valid identity card,
with access to the location at your premises where the Net1 Wireless Broadband
Receiver antenna and associated equipment has been installed. We will normally
only require access during normal working hours but may require you to provide
access at other times, on reasonable notice.
6.2 Our employees and agents will observe your reasonable premises
regulations, as previously notified to us in writing. You will provide a
suitable and safe working environment for our employees and or those of any
third parties who assist us in providing “the Broadband Services” to you.
6.3 You will use your reasonable endeavours to provide personnel,
resources and any other information as we reasonably require, to assist us in
the provision of “the Broadband Services” to you.
6.4
Impersonating another user or otherwise falsifying one’s user name in e-mail or
any post to any newsgroup, boards or mailing list is strictly prohibited
6.5 Impersonating
another user or otherwise falsifying one’s IP address and or network secret and
or password is strictly prohibited.
7 User Names, Passwords & IP Addresses
7.1 You must ensure that user names and passwords used in connection
with “the Broadband Services” are kept confidential and are only used by authorized
users. Please inform us immediately if you know or suspect that a user name or
password has been disclosed to an unauthorized user or is being used in an unauthorized
way. You must not change or attempt to change a user name without our written
consent.
7.2 We reserve the right (at our sole discretion):
7.2.1 to suspend user names and password access to “the Broadband
Services” if at any time we think that there has been or is likely to be a
breach of security; and
7.2.2 to ask you to change any or all of the passwords you use in
connection with “the Broadband Services”.
7.3 You must inform us immediately of any subsequent changes to the
information you supply to us when you register for “the Broadband Services”.
7.4 You accept and acknowledge that “the Broadband Services”, as other
Internet applications, is not secure and we do not guarantee the prevention or
detection of any unauthorized attempts to access “the Broadband Services”.
8
Personal Data
8.1 Net1 may contact you before, during and after the term of this
Agreement in order to administer, evaluate, develop and maintain “the Broadband
Services”. Please note that we may record your telephone calls to us and we
will keep a record of personal information you provide to us in connection with
“the Broadband Services”.
8.2 We will comply with our obligations under the Data Protection Act
1998 and other any applicable data protection legislation. You are also
required to comply with all data protection legislation. In addition, you must
maintain all required registrations, including those reasonably requested by us
to enable us to process your personal data in connection with our performance
of our obligations under this Agreement.
8.3 By registering for “the Broadband Services” you consent to our using
and/or disclosing your personal information for the following purposes:
8.3.1 While processing and or evaluating the credit worthiness of your
application which may involve credit checking by a licensed credit reference
agency who may record that a credit check has been made and disclosing certain
personal and account details to a bank for the purposes of setting up a direct
debit account;
8.3.2 providing or arranging for third parties to provide Customer
Care/Help Desk facilities and billing you for “the Broadband Services” (which
may involve disclosing your information to third parties solely for those
purposes); and
8.3.3 to selected third parties for the purposes of providing and operating
“the Broadband Services” and installing Equipment.
9 Intellectual Property Rights
9.1 If you warrant that you are the owner of, or that you are authorized
by the owner of, any trade mark or name that you wish to use as your registered
Domain Names ("Domain Names") and use as part of your uniform
resource locator ("URL"), you will be asked for documentary
proof of entitlement to the URL.
9.2 If we undertake Domain Names and URL registration on behalf of you,
you will reimburse us for any registration fees paid by Net1 to the Internet
registration authorities. We do not guarantee that any Domain Names or URL
requested by you will be available.
9.3 We may require you to select a replacement Domain Names or URL and
may either refuse to provide or may suspend “the Broadband Services” if we
reasonably believe that the Domain Names or URL is, or is likely to be,
offensive, abusive, defamatory or obscene or in breach of the provisions of
Clause 5.7.
9.4 Any patents, design rights, know-how, copyrights, trade marks, the
right to use software and all other similar proprietary rights (whether
registered or unregistered) worldwide ("Intellectual Property Rights")
relating to “the Broadband Services” or arising during the development of “the
Broadband Services”, belong to us or to a relevant third party.
9.5 The Content is protected by copyright, trademark and other
Intellectual Property Rights, as applicable. You must not and must not permit
anyone else to copy, store, modify, distribute externally, broadcast or publish
any part of the Content, and the Content may only be used for your own
purposes.
10 Software
10.1 Where we provide software to you to enable you to use “the
Broadband Services” ("Software"), we grant you a non-exclusive,
non-transferable license to use the Software solely for the term and purposes
of the Agreement. You may need to sign agreements reasonably required by the
owner of the copyright in the Software to protect the owner's interest in that
Software for you to be able to use the Software.
10.2 Except as permitted by applicable law or as expressly permitted
under this Agreement you cannot de-compile or modify the Software, or copy the
manuals or documentation.
10.3 We may offer updates or modifications to the Software or documentation
and we will notify you of any applicable charges for such updates or
modifications at the time we offer them to you.
11
Intellectual Property Right Indemnity
You will fully indemnify and hold us harmless against all claims and
proceedings arising from infringement of any third party's Intellectual
Property Rights by reason of your use or publication of the Customer
Information, the Content or Third Party Content.
12 Limitation of
Liability
12.1 Nothing in this Agreement excludes each party's liability with
respect to death and personal injury resulting from the negligence of that
party, its employees, agents or subcontractors or for fraudulent
misrepresentation or under the tort of deceit.
12.2 Neither party shall be liable to the other, either in contract,
tort (including negligence) or otherwise for direct or indirect loss of
profits, business or anticipated savings, nor for any indirect or consequential
loss or damage or for any destruction of data.
12.3 Subject to Clauses 12.1 and 12.2, our liability to you in contract,
tort, negligence or otherwise arising out of or in connection with this
Agreement shall for any one incident of series of related incidents be limited
to the annual fees paid by you to us in the year in which the liability first
arose.
12.4 We are under no obligation to edit, review or modify Customer
Information or Third Party Content. However, we reserve the right to remove any
Customer Information or Third Party Information without notice. For the
avoidance of doubt we do not pro-actively monitor messages that you may post on
our managed sites, but we reserve the right to remove such message at our sole
discretion.
12.5 You acknowledge that in providing “the Broadband Services” we are
not engaging in "investment business" (as defined in the Financial
Services Act 1986 (FSA)) nor is any Content intended to be an "investment
advertisement" for FSA purposes.
12.6 We exclude all liability of any kind in respect of:
12.6.1 Customer Information, Third Party Content, Content and any other
material on the Internet which can be accessed using “the Broadband Services”
and we are not responsible in any way for any goods (including software) or
services provided by third parties advertised, sold or otherwise made available
by means of “the Broadband Services” or on the Internet;
12.6.2 the accuracy, completeness or suitability for any purpose of any
Content; and
12.6.3 the acts or omissions of other providers of telecommunications or
Internet services (including Domain Name registration authorities) or for
faults in or failures of their equipment.
12.7 Loss of data and damage to equipment
12.7.1 Neither Net1 nor its subcontractors will be liable for any loss of
data or damage to hardware that occurs during installation of or any service
performed on your computer in support of Net1 broadband service. You agree that
it is your responsibility to completely back all data which may be resident in your
computer prior to installation. You further agree that Net1 and/or its
subcontractors are not responsible for any problems with your computer
following the installation or any subsequent service performed on your computer
in support of the Net1 broadband service.
12.7.2 Your exclusive remedy for any and
all losses resulting from the installation of equipment and your use of “the
Broadband Services”, including Net1’s or its subcontractors negligence, will be
limited to fees which you have paid to Net1 and will be limited to fee’s paid
to Net1 up to the time the damage is discovered and notified to Net1.
12.7.3 Broadband Services are provided on
an “as is” and “as available” basis without warranties of any kind, either
express or implied, including but not limited to warranties of title, non
infringement or applied warranties of merchantability or fitness for a
particular purpose. Neither Net1 nor its affiliates warrant that Broadband
Services will be accessible or Broadband Services is free of viruses or other
harmful components.
12.7.4 Net1, its affiliates and its
subcontractors will not be liable for any indirect, incidental, special,
exemplary, punitive or consequential damages of any nature, including personal
injuries, property damage or loss of business, that result in any way from your
use of or inability to use “the Broadband Services”s or to access the internet
or any part thereof, or your reliance on or use if offers, claims,
representations, promotions and transactions, information, services or
merchandise provided on or through the internet or “the Broadband Services”s,
or that result from mistakes, omissions, interruptions, deletion of files,
errors, defects, delays in operations, transmissions or any failure of
performance.
12.7.5 You agree
to indemnify, defend and hold Net1, its affiliates and subcontractors harmless
from any claims made by third parties arising out of the use of the Equipment
and/or “the Broadband Services”s by you or an authorized user of your account,
including the placement or transmission of any message, information, software
or other materials on the Internet. These limitations on liability and
indemnification provisions inure to the benefit of and apply to: (1) Net1’s
parent, subsidiary and affiliated companies; (2) any successor to Net1’s
business by way of merger, purchase of assets, or operation of law; and (3) any
subcontractors performing work on behalf of Net1.
13
Termination of this Agreement
13.1 We may at any time (whether during the Initial Period or otherwise)
terminate this Agreement by giving 30 days written notice to you.
13.2 We may at our sole discretion terminate this Agreement or suspend “the
Broadband Services” immediately, in the event that;
13.2.1 we are directed by any competent authority to cease the provision
of “the Broadband Services” or any part of it; or
13.2.2 you fail to pay any charges for “the Broadband Services”; or
13.2.3 any credit card or standing order details submitted by you for
payment are found not to be or cease to be valid; or
13.2.4 if you use “the Broadband Services” in contravention of any of
Clauses 5, 7 and 9; or
13.2.5 our contract with any third party who assists us in providing “the
Broadband Services” to you is terminated; or
13.2.6 we become aware of any breach of third party Intellectual
Property Rights caused by the Customer Information or the Third Party Content.
If
we suspend “the Broadband Services” in accordance with this Clause 13.2, we
may, at any time following such suspension (and if the circumstance in Clause
13.2 remains) immediately terminate the Agreement.
13.3 You have the right to cancel this agreement by giving notice in
writing to Net1 within 14 days from the date of your signing of this agreement.
If at that time you have already been supplied with, or the Net1 Wireless
Broadband Receiver antenna and associated equipment has been installed, you
will not be entitled for a refund of the value of the installation fee, in respect
of the labour and materials costs which have already been incurred or expended
while carrying out the installation on your behalf. If you have already been
provided with a Router or modem you must either pay for the Router or modem or
return such Router or modem to us (at our request) in the prepaid postage
package we send you and we will refund you for any payment received from you
for such Router or modem if returned in perfect working order.
13.4You may terminate this Agreement on giving at least 30 days written notice
to net1, such written notice to be effective no earlier than the end of the
Initial Term (which is the first 12 months period from the Commencement Date).
You must pay all Fees for “the Broadband Services” until the date on which the
termination notice expires. The termination notice will only be deemed to be valid
if all fees for which you are liable including the termination fee which is the
value of the fees which would be due until the end of the Initial Term (which
is the first 12 month period from the Commencement Date) have been fully paid
to Net1.
13.5 You may not terminate this Agreement within the period of the
Initial Term (which is the first 12 months period from the Commencement Date).
Even if you move to a new address to which it is not possible to provide “the
Broadband Services” on production of proof of your changed address.
13.6 Either party may terminate this Agreement immediately, on notice,
if the other commits a material breach of this Agreement and fails to remedy
the breach within 28 days of a written notice to do so. If you have been
the part who is responsible for material breach of this agreement you will be
immediately liable to pay net1 a termination fee which is the value of the fees
which would be due until the end of the Initial Term (which is the first 12
month period from the Commencement Date).
13.7 Upon termination or expiration of this Agreement registration to
any of our services or those of third parties provided in the course of and/or
for the purposes of “the Broadband Services” will cease at such time as the
provision of “the Broadband Services” ends.
13.8 If the
Customer is dissatisfied with “the Broadband Services” or any related terms,
conditions, rules, policies, guidelines or practices, the Customer’s sole
remedy is to discontinue using “the Broadband Services”, cancel the account,
notify Net1 in writing and pay any cancellation fee which may apply.
13.9 To cancel “the
Broadband Services” the Customer must send a written request for termination by
e-mail to accounts@net1.ie
or letterpost to Net1 Limited, Ballymakenny road, Drogheda, Co. Louth and same
must be signed by an authorized representative of the Customer to arrive not
less than 20 working days before the end of the current billing term.
14 Force Majeure
Neither party will be liable to the other for any failure to deliver “the
Broadband Services” or for any breach by it of this Agreement, where such
failure or breach is due to a reason outside the reasonable control of such
party, including, but not limited to: lightning, exceptionally severe weather,
fire, explosion, war, industrial disputes, government action or regulation or
national or local emergency. If such failure to deliver continues for more than
3 months after the commencement of such failure, then either party may
terminate this Agreement on notice in writing to the other party.
15 Installation.
15.1 You hereby authorize Net1 and/or its authorized contractors to
install, a Wireless Broadband antenna and associated transceiver, router or
modem, software, wiring and any other equipment as necessary at your premises in
order to provide Net1’s Wireless Broadband service.
15.2 Any custom installation work that you request, including additional
equipment i.e. poles, transceiver and cabling may require an additional charge,
including placing cable under carpet, through cabinets, through interior walls,
through loft and or attic space or inside moulding. The additional charge or
rates of charge for such additional work will be quoted to you in advance of
any such works being completed.
15.3 Net1 will not be liable for any alterations to the Premises that
result from the installation or removal of the Equipment, including, but not
limited to, holes in walls, cable wiring or antenna mounting brackets.
15.4 You warrant that you are at least 18 years of age and that you own
the Premises, or have received written permission from the owner to make any
changes to the Premises which may be needed to install the Equipment and
receive “the Broadband Services”. Additionally, it is your obligation to
confirm that the placement of the Wireless Broadband antenna and associated transceiver
on the Premises is not in violation of any covenants, conditions or
restrictions.
15.5 You agree to allow Net1’s staff or its subcontractor’s staff access
to your Premises to perform installation, repair or maintenance services in support
of “the Broadband Services”.
15.6 You agree to allow, and not hinder in any way Net1 staff or its
subcontractor’s staff access to your Premises to remove the Wireless Broadband
antenna and associated transceiver which remains the property of Net1, when
this contract has been terminated. Failure to adhere to this clause will result
in your liability to pay to Net1 the full cost of the Wireless Broadband
antenna and associated transceiver equipment.
15.7 Net1 may revise, modify or discontinue any or all aspects of “the
Broadband Services”, including but not limited to service and Equipment prices,
any applicable tariffs, and any terms of this Agreement. Notice to you of any
revisions or modifications will consist of updating the prices and tariffs on
the Net1 website at www.net1.ie/packages and/or at the
discretion of net1, by Notification via your preferred email account.
15.8 Notice to you of any revisions or modifications to this Terms and
Conditions Service Level Agreement will consist of updating the terms and
conditions on the Net1 website at www.net1.ie/termsandconditions
and/or at net1’s discretion by
Notification via your preferred email account.
16
General Provisions
16.1 We may change the provisions of this Agreement (including the
charges) at any time, provided that we will give you notice of the changes at
least 14 days before the change is to take effect at which time you may
terminate this Agreement if the change materially affects “the Broadband
Services” subject to you having fulfilled your obligations under clause 1.1 of
this agreement (12 months minimum contract period).
16.2 This Agreement represents the entire understanding between the parties
in relation to its subject matter and supersedes all agreements and
representations made by either party, whether oral or written.
16.3 The parties acknowledge and agree that:
16.3.1 the parties have not been induced to enter into this Agreement by
any representation, warranty or other assurance not expressly incorporated into
it; and
16.3.2 in connection with this Agreement the parties' only rights and
remedies in relation to any representation, warranty or other assurance are for
breach of this Agreement and that all other rights and remedies are excluded,
except in the case of fraud.
16.4 This Agreement does not create any rights under the Contracts
(Rights of Third Parties) Act 1999 that are enforceable by any person who is
not a party to it but this does not affect any right or remedy of a third party
which exists or is available apart from that Act.
16.5 Notices given under this Agreement must be in writing and may be
delivered by hand, courier or class letterpost, or e-mail to the following
addresses:
(a) to us at the relevant address provided during the registration process for
Net1 or any alternative address which Net1 notifies to you;
(b) to you at the relevant letterpost or email address provided as part of the
details which you submit to us during the registration process (the details
written in the Customer Account Details panel overleaf) or any alternative
address that you provide in writing to Net1 during the term of this agreement.
16.6
Neither party may assign sub-contract or transfer any of their rights or
obligations under this Agreement without the prior written consent of the other
party, except that Net1 may assign or transfer its rights and/or obligations to
any Affiliate from time to time without the prior written consent of the
Supplier.
16.7 If any part, term or provision of this Agreement is held to be
illegal or unenforceable the validity or enforceability of the remainder of
this Agreement will not be affected.
16.8 If either party delays in acting
upon a breach of this Agreement that delay will not be regarded as a waiver of
that breach. If either party waives a breach of this Agreement that waiver is
limited to that particular breach.
16.9 Customer complaint handling procedure. The methods of initiating a
customer complaint and the procedure for escalating of, and for settlement of,
disputes (as in accordance with Regulation 28 of S.I No 308 of 2003) are
detailed at www.net1.ie/customercomplaintprocedures A
formal complaint process is provided to ensure that your issue is addressed as
quickly as possible and at the highest level necessary.
17 Service and
repairs
17.1 Net1 will be obligated to maintain and carry out all necessary
repairs to the Wireless Broadband antenna and associated transceiver equipment which
will be installed and held within the customer’s property and boundaries.
However this maintenance and repair excludes any damage resulting from abuse or
negligence on behalf of the Customer or The Customers servants or agents as
determined solely by Net1.
17.2 Any maintenance or repair work needed to any equipment not provided by
Net1 including, but not exclusive to, PC’s, laptops and routers, may incur a
charge. The schedule of these can be accessed via our website at www.net1.ie/fieldservicecharges
17.3 Where a service call is requested by the Customer and it transpires
that there was no fault with the Net1 system, net1 equipment or the net1 Broadband
Internet Service, “The Broadband Services”, a service call charge will be
levied to cover the cost of an engineer visiting the Customer site. The
appropriate charge may be found on our website in the schedule of “Service charge & callout
charges” at www.net1.ie/fieldservicecharges.
18 Internet access
18.1 You hereby agree to abide by Net1’s Acceptable Use Policy. This can
be accessed via our website at www.net1.ie/acceptableuse and is hereby
incorporated by reference.
18.2 You access the materials on the Internet at your own risk.
18.3 Net1 may deny you access to all or part of “the Broadband Services”
without notice if you breach this Agreement, including but not limited to,
Net1’s Acceptable Use Policy.
18.4 You are responsible for ensuring that your usage of “the Broadband
Services” does not improperly restrict, degrade or adversely affect any other
user's use of “the Broadband Services”, nor represent, in Net1’s sole
judgement, an unusually large burden on the network itself. You must comply
with the then current bandwidth, data storage and other limitations on “the
Broadband Services”. If Net1 determines that you are exceeding bandwidth
limits, you will be notified by mail and given 15 days to bring your usage
within appropriate limits. If excessive use continues after the 15-day period,
Net1 may take any action it deems necessary, including, but not limited to,
terminating “the Broadband Services”, to ensure that your usage does not
adversely affect Net1’s ability to provide “the Broadband Services” to other
customers. Net1 will notify you of any such action via mail or email. In the
event that it becomes necessary to activate this clause, you will still remain
liable to pay the ongoing monthly service charges until the end of the Initial
Term despite being prevented from having access to “the Broadband Services” by
virtue of your new location. (which is the 12 months minimum contract period)
18.5 Net1 will assign to you (If requested) a Net1-owned Internet Protocol
address ("IP Address") which is the exclusive property of Net1 and is
not portable. Net1 may change the IP Address at any time without liability
and without prior notice to you. Net1 will use reasonable efforts to avoid any
disruption to you by notifying you via email before changing your IP Address.
18.6 Net1's
network gathers information about Internet usage such as the sites visited,
session lengths, bit rates, and number of messages and bytes passed. Net1 uses
this information in the aggregate. Net may share this aggregated information
with other parties from time to time. Net1 collects and uses personally
identifiable information obtained from you and from other sources for billing
purposes, to provide and change service, to anticipate and resolve problems
with your service, or to identify, create and inform you of products and
services that better meet your needs. Net1 will not use or disclose any
personally identifiable information regarding Internet usage unless compelled
by a court order or subpoena; you consent to the use or disclosure, or to
protect Net1’s broadband services and facilities.
19 CUSTOMER ACKNOWLEDGEMENTS
REGARDING “THE BROADBAND SERVICES”.
19.1”the
Broadband Services” consists of a fixed wireless internet connection. While
Net1 will undertake all reasonable commercial efforts to deliver the stated
service the Customer acknowledges that “the Broadband Services” speed can vary depending
upon the level of other Internet traffic (data packets) and other factors
beyond the control of Net1. “the Broadband Services” may contain material that
is unsuitable for minors and the Customer acknowledges that Net1 does not and
can not filter the content.
19.2 Net1’s
VOIP Voice Telephony Service is provided using packet data technology and is
powered by a standard electrical connection. If the Customer’s electrical
connection fails then the voice service will be disrupted or unavailable.
19.3 Access to
emergency services (112 or 999 calls) is provided on a “best effort” basis and
is reliant on an electrical supply to the Customer equipment and availability
of the network. The base component of “the Broadband Services” is the provision
of Internet Access and availability of the network. The base component of “the
Broadband Services” is the provision of Internet Access and “the Broadband
Services” may include additional components such as Voice over IP Telephony or
other services. In a small number of situations the provision of Voice service
may not be feesable or available, even where internet access is provided. In
such cases “the Broadband Services” is deemed to have been provided and stated
charges are applicable without discount.
19.4 In circumstances
where either the Internet Access service or the overlaid voice telephony service
is unavailable for a period of 30 days or more from the date of notification to
Net1, the Customer may terminate this agreement without penalty and with refund
of any fees paid in respect of only the 30 day period.
19.5 The
Customer acknowledges that in order to provide “the Broadband Services” Net1
has contracted with communications and network operators for internet and voice
telephony services. The Customer further acknowledges that Net1 will only
provide uninterrupted continuous service to the Customer pursuant to this
agreement to the extent which Net1 receives such service from linked
communications and network operators.
19.6 The
Customer acknowledges that while “the Broadband Services” operates using
licensed and unlicensed radio spectrum, it may in rare cases experience
interference to the signal. Net1 will make all reasonable commercial efforts to
liaise with other operators to minimize any interference received by the Net1
broadband internet antenna and transceiver located at the Customer’s premises.
However such interference if present may have an impact upon the availability
and quality of service received. Similarly Net1 is obliged to reserve the right
to terminate service to the Customer where interference is caused by other
systems. The Customer may terminate this agreement where Net1 cannot rectify or
eliminate interference related issues within 60 days of written notification to
net1 of said issues.
19.7 The
Customer accepts that Net1 may change or withdraw any element of “the Broadband
Services” from time to time and will use reasonable efforts to notify the
Customer of any necessary change in services.
19.8 The
Customer acknowledges that “the Broadband Services” is an “always on”
connection to the internet while the equipment is powered on, and that it is
the Customers SOLE RESPONSIBILITY to install, configure and maintain suitable
security measures to protect the Customer’s computer and associated equipment
from unauthorized or malicious access from the internet. Net1 accepts no
liability for the security of the The Customer’s systems.
19.9 The
customer acknowledges that their use of “the Broadband Services” shall be
deemed to be an acceptance by the Customer of this agreement.
20
Law
This Agreement will be governed by and construed and interpreted in accordance
with the law of the