Terms

Irish Satellite Broadband – Terms and Conditions for your Satellite, Broadband and Associated Services.

This Agreement applies to all transactions with Irish Satellite Broadband whether placing your order directly through our or any approved third party websites, through third party direct sales people, by telephone or by post or any other method accepted by us. By using our website and subsequently, our services, you hereby agree to and accept the following terms and conditions in full.

 

CONTENTS

 

  1. DEFINITION
  2. THE AGREEMENT
  3. PROVISION OF SERVICES
  4. USE OF THE SERVICES
  5. EQUIPMENT
  6. INSTALLATION
  7. PAYMENT FOR THE EQUIPMENT AND SERVICES
  8. FAIR USE POLICY (FUP)
  9. SUSPENDING OR DISCONNECTING THE SERVICES
  10. ENDING THE AGREEMENT
  11. RIGHT TO CANCEL
  12. INFORMATION, PASSWORDS AND DATA PROTECTION
  13. INTELLECTUAL PROPERTY RIGHTS
  14. MAINTENANCE SERVICES
  15. LIABILITY
  16. GENERAL
  17. ASSIGNMENT
  18. NOTICES AND COMPLAINTS

 

 


 

DEFINITION

 

In this document, these words have the following meanings:

 

“We”, “we”, “Our”, “our”, “Us” and “us” or “Hibernia Satellite” or “Irish Satellite Broadband” refers to Hibernia Satellite Broadband Limited, trading as Irish Satellite Broadband, incorporated in Ireland (Company registration number 532092), which has its registered office at 21 Western Industrial Estate, Naas Road, Dublin 12.

 

“You”, “you”, “Your“, “your”, “Yourself” and “yourself” refers to you, the customer; separately both you and us maybe referred to as a “Party” or “party”, together we are referred to as the “Parties” or “parties”
“Agreement” and “agreement” refers to the contract between you and us including these terms and conditions and the contents of any corresponding order form or registration form;

 

“Cancellation Notice” and “cancellation notice” is a written instruction from you requesting us to terminate this Agreement and received by us within 7 calendar days of the earlier of you receiving your Equipment, your installation being completed or us activating your Services. Such written instruction should be made in accordance with section 11(a)

 

“Charge”, “charge”, “Charges” and “charges” refers to any sums that are payable by you for the Services calculated on the basis of any and all rates, prices and any other charges set out in our current published prices or otherwise notified to or accessible by you;

 

“Competent Authority” and “competent authority” means The Communications Regulator (ComReg) or any successor organization or any other Government Department or regulatory body including without limitation any emergency services organization;

 

“Customer Equipment” and “computer equipment” means any hardware or apparatus (not being equipment) provided and used by you in order to use the services;
“Cooling off Period” and “cooling off period” shall have the meaning set out in Clause 11;
“Downgrade Fee” and “downgrade fee” is a one-time payment made each time that you ask us to move your Service level from a higher grade to a lower grade, limited to one request per month;

 

“Equipment” and “equipment” includes, but is not limited to:

  1. The satellite transceiver, dish and VSAT modem; and
  2. Any upgrades to these items where an equipment upgrade has been supplied to you; and
  3. The items of hardware and software otherwise covered under this Agreement; and
  4. Any other items with which we make available to you to use or receive any of the Services;

“Due Date” and “due date” is the date on which any particular charge should be paid, meaning that we have received cleared payment from you;
“Fair Access Policy”, “fair access policy” or “FAP” means the application and measurement of data usage thresholds applied to each level of service to ensure fair and acceptable use of the network.

 

“Group Company” and “group company” denotes any parent, holding, associated or subsidiary company of Irish Satellite Broadband and any subsidiary of any such holding company as may exist from time to time;

 

“Installer” and “installer” is the person or team that we select to install and commission the equipment if you select us to install your Equipment;

 

“IP Address”  and “IP address” usually denotes a dynamically assigned TCP/IP (Transmission Control Protocol/Internet Protocol) address provisionally assigned by us to you to enable the Services to be provided unless the Service purchased by you is specifically provided with one or more static IP addresses;

 

“Latency” and “latency” is the time taken for a signal to pass to or from your customer equipment to the satellite provider’s physical network.
“License” and “license” means any license or authorization required by law and granted to us to provide the Services by Comreg or any other relevant licensing organization in the country in which we provide the Services to you;

 

“Minimum Period” and “minimum period” has the meaning set out in Section 2;
“Monthly (or Periodic) Service Charges” and “monthly (or periodic) service charges” means those Charges, recurring or otherwise, that are invoiced before, during or after the month or period in which the Services were provided or Charges chargeable.
“Order” and “order” is the act by you requesting Services from us either through our website, by telephone, in person, in writing or any other method deemed acceptable to us;
“Package” and “packages” denotes the combination of Services selected by you from our range of Services;
“Professional Installation” and “professional installation” means the delivery, installation and demonstration of the Services and Equipment to you by our Installers;
“Published Prices” and “published prices” means any pricing information published by us from time to time on our websites or in other documentation provided to you, which includes the prices and rates for the Services and Equipment we offer including the usage rates for the Services and any and all other additional Charges;
“Satellite Broadband Service” and “satellite broadband service” means the service that allows you to access the internet (and any ancillary services such as television and telephone, collectively known as the Services) via satellite.
“Satellite Provider” and “satellite provider” means the organization that ultimately owns or controls the satellite that we use to provide you with the Services including any associated physical networks used in order to provide the Services;
“Service”, “service”, “Services”, and “services” is any services accessible over the internet via the satellite broadband services and any other services used by you and provided by us including services accessed using our equipment to include, but not limited to telephone and VoIP services, television streaming media and wireless services;
“Software” and “software” means all proprietary software supplied by us to enable you to use the Services.
“VSAT equipment” is specifically the modem, LNB (transceiver) and other associated electronic components but specifically excluding the satellite dish,
“Upfront Charges” and “upfront charges” means the one-off payment required as an integral part of your Order that covers the setting up of your account, any connection and account set-up charges, delivery of your Equipment (either via our Installer or through a third party), installation charges, other items or hardware chosen by you with your order, initial monthly (or Periodic) charges and deposits and any other charges notified by us and accepted by you through your order.
“Volume Booster Option” and “volume booster option” means the purchase of extra-volume traffic allowance by you from us.
“Working Day” and “working day” means all days other than Saturdays, Sunday, Public & Bank holidays in the country in which you use the Equipment.

 

 

 

THE AGREEMENT

 

  1. The purpose of this agreement is to set out the terms and conditions under which we will provide the services and equipment to you.
  2. This agreement constitutes a legally valid and binding obligation on each party and by ordering the equipment and services; you confirm that you are authorized to enter into this agreement.
  3. This agreement begins at the point that you confirm to us via telephone, online or in writing that you wish to order services and/or equipment from us. In placing your order, this includes your agreement to make the full payment of the agreed upfront charges in a manner acceptable to us including debit/credit card, BACS or similar direct bank-to-bank transfer.
  4. We reserve the right to carry out a credit check on you and to disclose information regarding your payment history to any credit agencies that we choose to do so.
  5. We may at our sole discretion reject your order for some or all of the services without any liability or responsibility to provide such reason to you.
    We may inform you of this rejection up to seven days from receipt of order. Any such rejection will include a prompt refund of any monies paid by you in relation to the rejected services.
  6. Where we agree to your request for services, we will endeavor to arrange to connect you to the satellite broadband service as soon as is reasonably practical for us, taking into account our existing installation commitments and opportunities to coordinate installations on a regional basis.
  7. If you select our installers to conduct a full professional installation, they will undertake the activation of the services and the suitable connection of your primary computer.
    When we have established suitable proof of connectivity, we require that you complete the authorization and signature of our certificate of delivery and acceptance and schedule of equipment forms whilst our installer is still with you.
    In the event that you fail to complete these documents or they are not received by us for any reason, you are deemed to accept these documents as appendices to this agreement and any other documentation that we have provided to you in relation to the services and for the equipment when the equipment is used to enjoy the services, for example, when the internet is first accessed.
  8. The standard duration of this agreement will be for a minimum period that is usually 24 months as chosen by you when you order the services or any other period accepted by us in your order.
    Shorter duration contracts, for example 12 months, may be available from time to time for which an additional one-off charge may be made.
    At the end of this period you will be entitled to terminate the service by giving 30 days written notice to us (further details about leaving the service are set out in section 10 – ending this agreement.
  9. You have the right to cancel this agreement at any time between your order and seven (7) days after the earlier of you receiving the equipment, your installation being completed or you using the services (sometimes referred to as a “cooling-off period”) by giving us notice in writing (your cancellation notice) during this period.
    If you exercise the right of cancellation during the cooling off period, you remain liable for any charges properly incurred by you up to and including the date of disconnection together with the cost of returning the equipment to us. See section 11 for more details.
  10. This agreement can otherwise only be terminated during the minimum period at our sole discretion.
    In the event that you require us to terminate the services prior to the end of the minimum period, you agree that we are able to charge you for all relevant charges which would have been payable by you up to the end of the minimum period.
    If you want to terminate this agreement after the minimum period, one month’s written notice is required and that notice period shall commence at the end of the month in which we acknowledge receipt of your termination request.

 

 

 

 

 

PROVISION OF SERVICES

 

  1. We shall provide and you shall use the services and equipment subject to the terms of this agreement, acceptance of which is acknowledged upon the earlier of your ordering of the services, the completion of the installation or the use of the services.
  2. We will provide the services to you from the date we activate them and will continue to do so unless this agreement is terminated properly.
  3. By way of use of the services, you acknowledge that our services are recognized as that of a “mere conduit” as we do not have any impact upon information carried by our services over the internet.
    You therefore represent, warrant and undertake that all information originated, carried and/or routed by and/on your behalf over our services is your total responsibility.
  4. In supplying the services to you we will use reasonable skill and care but are unable to guarantee fault free performance.
    We do not warrant that the operation of the services will be uninterrupted, timely, error free or secure or that the services will meet any of your specific requirements.
    You acknowledge that we cannot be held responsible for unforeseen interruptions, non-availability from outages or deterioration of the Services that occur which are entirely out of our control.
  5. The service is provided with certain performance expectations.
    For example, the end-to-end service availability rate target is 99.5% measured over a rolling 12 months period for each spot beam (also known as the “Annual Availability rate” or “annual availability rate”).
    The annual availability rate excludes interruptions of or degradations in service provision resulting directly or indirectly from atmospheric or extra-atmospheric disturbances (solar storms or solar flares, meteorites, temporary adverse weather conditions etc.), operations of preventive maintenance carried out after we have informed you of the interruption, downtimes caused by system hardware and software upgrades when coordinated with you and/or earth station outages (of a few minutes per day over a period of up to five days maximum, generally in March and October).
    We will endeavor to provide you with five (5) days’ notice of any such planned service interruptions where practical and we will also include such information on our website.
  6. If a fault occurs you should notify us at the earliest opportunity. If you are unable to access the services, you remain liable to pay all charges that apply.
  7. We have the right to change or suspend the services where we reasonably determine that any technical modification to the network or change in our trading, operating or business practices or policy is necessary to maintain or improve the services which we provide to you, including, but not limited to:
    changing the code or technical specifications of the services for operational reasons including quality of service; interrupting or suspending the services due to an emergency, for the purposes of repair, maintenance, improvement or because of other operational reasons; giving instructions to you which we believe are necessary for health or safety or for the quality of the services provided to you or to other consumers;
  8. Where practicable, we will contact you prior to the changes being introduced. We will also publish particulars of any changes (including the relevant dates) through our website as soon as reasonably practical, prior to the changes being introduced.
  9. We are not responsible if you are unable to access the services due to the fact that your apparatus or equipment is incompatible with the services provided, or does not conform to any minimum specifications specified by us. It is your responsibility to ensure your equipment is maintained and in working order in accordance with these minimum specifications.
    We shall not be held liable for any pre-existing defect on, or incompatibility with, your computer hardware or software.
    We may from time to time alter the minimum specification required to access the services.
    Any such notices will be published on our website
  10. In order to get the best performance from your equipment and services we recommend the following minimum specification requirements:
    Windows 2000 or higher (including Windows XP, VISTA and Windows 7) or Mac OS 10.X or higher.
    Network capability (10/100 Ethernet pre-equipped).
  11. If you change address at which you require the services, we will endeavor, but will be under no obligation, to provide you with the services at your new address.
    You will still be liable to pay the applicable charges in relation to the minimum period.
    You must give us at least 30 days’ notice if you want us to relocate your service to your new address.
    Where we agree to provide the services to your new address, you shall pay us the applicable charges for the de-installation and re-installation of your equipment that we will quote for you on receipt of your written transfer request.
  12. We will use reasonable endeavors to maintain the stated levels of service availability.
    However, there may be factors we cannot reasonably control such as the temporary adverse weather conditions or a failure on the part of a third party operator, for example the satellite operator.
    In these circumstances, we, or anyone connected to us acting as our agents, shall have no liability.
    We do not take responsibility for access to third party websites and/or servers.

 

 

USE OF THE SERVICES

 

  1. You accept that we may change or withdraw any element of the services from time to time and will use all reasonable efforts to notify you of any necessary change in the services.
  2. We will try as far as is reasonably possible to keep the service free from viruses, bugs and errors, but we do not guarantee that it will be free from infection or anything else that may damage your equipment or data.
    We will not keep any back-up copies of emails or other data belonging to you.
    We accept no liability for damage caused to your own equipment if you download software or other services using the services.
  3. As a user of the services, you accept that we do not control, endorse or censor the material made available by the satellite broadband service and the World Wide Web.
    You accept that third party material could be illegal, misleading, offensive or deceptive.
    You use it at your own risk and subject to all applicable national and international laws and regulations.
  4. We do not guarantee that the information and services you may obtain from the satellite broadband service will be suitable for your purposes and requirements.
    You accept that the information and services you may obtain via the satellite broadband service may not be complete, accurate, up-to-date or free from errors.
  5. We do not permit you or others to cause nuisance or inconvenience to us or to other users in any way.
    This includes hacking, network sniffing or similar techniques, or sending unsolicited messages without reasonable cause, by spamming or using anonymous remailers or different servers, or other means.
    If you, your employees or other users of your equipment send any such messages through the satellite broadband service, you may be liable to criminal or civil action in either Ireland or other appropriate jurisdictions, and we may suspend and disconnect your use of some or all of the services and such action on our part may give rise to charges being payable by you.
  6. If you deal with any third party or exchange material with that third party while using the satellite broadband service, you accept that you are entirely responsible for such transactions.
  7. You agree that if we stop providing the service to you, you will cease to use the services and you will immediately return to us all the items supplied to you that remain our property and, at our option, delete or destroy all software that we provided to enable you to access the satellite broadband service.
    More details can be found in section 5.
  8. The satellite operator may from time to time restrict applications that have a negative effect on their satellite network.
    These include but are not limited to applications for non-professional use, notably peer to peer applications and any other protocol liable to have a deleterious impact on the overall quality of service of the services.
  9. Due to latency, certain applications and uses are not recommended over the satellite broadband service.
    Whilst we will make certain efforts to make you aware of this, you accept that it is your responsibility to check with us the suitability of the satellite broadband service for your requirements.
    If you proceed to purchase the equipment and services for use with any application or service that we have not recommended, the failure of the services to support such an application will not constitute a right to cancel, and as such you will not be entitled to any refunds and the minimum period will remain valid.
    More information is provided on our website under FAQ section.
    We reserve the right to charge you for technical support if we reasonably consider that our support is not primarily supporting the functionality of the services but the interoperability with other 3rd party applications, software or hardware.
  10. We make our services available to you and, if relevant your designated employees or other authorized users and supply to you the equipment on the conditions that :
    – They are not used for anything illegal, immoral or improper;
    – They are not used to offend or create nuisance;
    – Only the equipment or other items as may be supplied by us to use with the
    Equipment are used to access the services;
    – The equipment is not lost, stolen or damaged (howsoever caused);
    – You promptly give us any information that we reasonably request related to
    the overall provision of the services to you;
    – You follow all reasonable instructions we give you in relation to the
    installation, the services, the equipment and the charges;
    – When attempting to use the services, you are in range of any equipment
    forming part of a wireless network;
    – You or your employees/users do not re-sell, exchange, rent, hire, or permit
    access to the services or the equipment to anyone else or grant or attempt to
    grant any charges, liens or other rights, powers or interests over them unless
    authorized by us in writing to do so;
    – You or your employees/users do not, nor permit any third party to, tamper or
    attempt to tamper with the equipment, the software providing the services
    or anything other property belonging to or used by us without our prior
    written consent;
    – You or your employees/users do not, nor permit any third party to, to
    maintain or repair or attempt to maintain or repair the software providing the
    services or the equipment, without our prior written consent. Any such
    action will void any warranties relating to the software or equipment that
    has been affected;
    – You or your employees/users do not use the satellite broadband service to
    send or receive by any method any material that breaches another person’s
    copyright or other intellectual property rights, or any other material that is
    illegal, obscene, indecent, fraudulent, libelous, harassing or that you do not
    have the right to transmit under any law, contract or other duty;
    – You or your employees/users do not use the satellite broadband service to
    transmit knowingly or recklessly any material that contains software viruses
    or any computer code, files or programs designed to interrupt, damage,
    destroy or limit the operation of any computer software, hardware or
    telecommunications equipment;
    – You or your employees/users do not disrupt any other person’s use of the
    satellite broadband service or any other service;
    – You or your employees/users do not interrupt damage or impair any website
    or the satellite broadband service in any way;
    – You or your employees/users do not hack into or attempt to hack into our
    systems or try to get round any security safeguards.
    – If you notify us of designated employees or authorized users, it does not
    remove your obligation to monitor and keep secure the use of passwords for
  11. You acknowledge and agree that if you (or your employees or other authorized users, where applicable) break any of the conditions set out in this section 4, that you have broken an important condition of this agreement and we shall have the right to end this agreement under clause 10 and you hereby indemnify and agree to keep us indemnified in respect of any breach by you, your employees, or other users of the equipment supplied to you, of the terms of this clause 4.

 

 

 

 

EQUIPMENT

 

  1. We will supply you with the equipment to allow you to receive and enjoy the services. You must not use the equipment for any other purpose and you must comply with any manufacturers’ instructions and any reasonable instructions that we may give you from time to time regarding the use of the equipment.
  2. We will either provide the equipment as an integral part of the services or you will purchase the equipment from us when you place your order. Section 5(h) below deals with equipment that we provide as a part of the services. Section 5 (i) deals with equipment that you purchase from us.
  3. We may ask you to confirm to us the location of the equipment. If we make any such reasonable request, we ask that give us the location as soon is reasonably practical for you but in any event, within one calendar week.
  4. You agree to notify us immediately of any loss or damage to any part of the equipment.
  5. When you use your own customer equipment in conjunction with the equipment, we do not warrant that the equipment is compatible with or will work with your customer equipment. We will not be liable in any way for any loss or damage that is caused to your customer equipment or any data stored thereon arising as a result of its use in conjunction with our equipment.
  6. As the provider of the equipment and under our obligations under Directive 2002/96/EC on waste electrical and electronic equipment and any amendments thereto (the WEEE Directive”); we draw your attention to the requirement not to dispose of waste electrical and electronic equipment as unsorted municipal waste and to have such waste electrical and electronic equipment collected separately. You agree to observe these or any subsequent obligations at a point when the equipment is no longer required by you or us.
  7. As part of our services, we will supply you with the equipment or if you have purchased the equipment from us but we have not received cleared payment in full for the equipment, it will remain at all times our property. Throughout any period where we retain title to the equipment, you will be liable to us and shall indemnify and keep us indemnified for any loss or theft of the equipment or any damage however and whoever may have caused it.
  8. Where you are renting the equipment from us, which is our standard contract, we are providing the equipment which is included as a rental element within the standard monthly charge, the following terms and conditions apply:
    – You will pay a one-off hardware activation charge that will enable us to
    activate the equipment to allow it to properly receive the services.
    – We may add to or substitute the equipment as necessary to provide the
    services or for other valid reasons. You agree not to do or allow anything to
    be done that may cause damage to or interfere with the equipment or prevent
    easy access to it or recovery of it;
    – You also guarantee that no other party besides us (or our agent or nominee)
    shall have rights of ownership, possession or use of any item of the
    equipment or shall have any charge or other right or power over any item.
    – From the time we deliver the equipment to you until you return the
    equipment to us you must take reasonable care of it including the
    responsibility to insure the equipment in case of loss, theft, damage or other
    standard insurable cover under a normal household or business (as relevant)
    insured contents policy. You must not and must not allow anyone else (other
    than our representatives) to add to, interfere or modify the equipment in any
    The splitting or duplicating any signal lines and/or cable by you is
    strictly prohibited. As well as any other rights we may have, such action may
    result in our suspending the services, terminating the agreement and/or our
    retaining the whole or a part of any deposit charged to you.
    – Should the equipment become lost, stolen or damaged for whatever reason
    during this agreement and before you return it to us if you have rented the
    equipment from us, you agree to notify us of such circumstances
    immediately. In the event of such loss or damage, you agree to pay the full
    replacement value of the equipment, such values to be displayed on our
    website.
    – You shall not be responsible for any loss or damage to the equipment to the
    extent that it is caused by us or our employees or is due to a manufacturing or
    design fault; or is due to fair wear and tear. You agree that you shall be
    responsible for any loss or damage to the equipment due to any other cause,
    regardless of how it happens. Willful destruction or abuse of the equipment
    by you will result in reasonable additional charges being made.
    – You are responsible for ensuring that the equipment is at all times kept safe
    and properly used and in this regard you agree:
    – While the equipment is not in use, electricity supplied to it is not turned off
    and that it remains in the standby/rest mode;
    – That you shall not dispose of or deal with any of the equipment in any way
    by, for example, trying to sell it or hire it to anyone else, or by putting it up
    as security for a loan, mortgage or charge, or allow any of the equipment to
    be seized under any legal process. You shall not move the equipment to
    another location without our prior written consent;
    – That you shall not remove, tamper with or obliterate any words or labels on
    the equipment;
    – That you shall take proper care at all times to prevent the loss or theft of the
    equipment.
    – For the entire period that you continue to receive the services from us, we
    shall have responsibility for repair or replacement of our equipment except
    that you accept full responsibility for cost of repair or replacement of our
    equipment when the damage or problem has been caused by your
    negligence, misuse, abuse or violation of any part of this agreement that is
    out of our control;
    – Such repair or replacement may involve the swapping of equipment via our
    “Return To Base” (RTB) or “return to base” policy. This involves the
    delivery to you or replacement equipment that will only be left with you by
    us (or a third party agent) if the matching piece of defective equipment is
    handed over by you at the point of delivery. If you cannot produce the
    defective equipment on request, you accept that we have no obligation to
    provide you with the replacement equipment. Any subsequent action will be
    at our sole discretion and may incur additional charges including delivery
    and administration.
    – On termination of this agreement, or on cancellation of any part of the
    services requiring a part of the equipment, you will within 14 days of the
    date of termination or cancellation, unless otherwise agreed with us, arrange
    for us to collect at your property at an agreed cost to you or return to us at
    our Registered Offices at your own expense, the equipment. If you fail to do
    so, we reserve the right to continue to charge you for the services until the
    equipment is returned or to charge you an unrecoverable equipment charge.
    You will be invoiced for the costs of repair or loss or damage to the
    equipment under this condition.
    – If you fail to return the equipment you must pay us compensation of €300 or
    such other sum as is otherwise agreed in writing between both parties to
    compensate us for the loss of our property. You also agree that we are fully
    entitled to secure this payment through any payment mechanism that you
    have historically provided to us, even in the event that you have subsequently
    cancelled or countermanded any such payment method.
    – When the equipment is returned to us, it must be in good condition
    appropriate to the length of time that you have used it and in full working
    order. Otherwise, you shall be liable to us for the lesser of the compensation
    payment set out above, or in circumstances where (in our sole opinion)
    economic repair is reasonably feasible, the cost of repair and our reasonable
    expenses in administering such a repair.
    – We may, at our option, nominate an agent or third party in place of ourselves
    to whom such equipment should be returned, or compensation payment be
    made. If you rent the equipment, we require, at minimum, the return of
    indoor unit (modem) and may require the return of any other remaining parts
    of the equipment. Will communicate promptly with you to confirm which
    parts of the equipment we specifically require you to return. It is your
    responsibility to dispose of any parts of the equipment that we do not require
    you to return.
  9. Where you have purchased and paid for the Equipment from us by way of a Hardware Purchase payment, the following terms and conditions apply :-
    – All risks associated with the equipment shall pass to you upon delivery and it
    will be your responsibility to insure the equipment against loss, theft, fire,
    flood and any other risk of loss or damage from this point;
    – During any warranty period, details of which will be made available through
    our website or via our technical team upon request, we shall have
    responsibility for repair or replacement of our equipment except that you
    accept full responsibility for cost of repair or replacement of our equipment
    when the damage or problem has been caused by your negligence, misuse,
    abuse or violation of any part of this agreement that is out of our control;
    – Such repair or replacement may involve the swapping of equipment via our
    return to base (RTB) policy. This involves the delivery to you of replacement
    equipment that will only be left with you by us (or a third party agent) if the
    matching piece of defective equipment is handed over by you at the point of
    If you cannot produce the defective equipment on request, you
    accept that we have no obligation to provide you with the replacement
    equipment. Any such action will be at our sole discretion and may incur
    additional charges including delivery and administration.
  10. We provide you with the equipment on the condition that you comply with your obligations under this agreement. If you fail to comply with this agreement, in particular your obligations under clauses 4 and 5, or if we reasonably suspect that you have failed to comply, we shall have the right to demand that you return the equipment to us and/or and remove the equipment from your possession if you have rented the equipment from us. In such circumstances, you will permit us free and safe access to your premises and/or obtain any necessary landlord, building or occupier consents required for us to achieve the return of the equipment. You may still be liable for any charges relating to the minimum period if we have sought to recover the equipment due to your failure to comply with any of the terms of this agreement.

 

 

INSTALLATION

 

  1. We will set out in our website or order forms, the acceptable methods of installation through which you will be able to install the equipment in order to receive the services. Our recommended option is the professional installation of the equipment by our installers but may also include, but not be limited to selecting your own qualified installer or carrying out the installation yourself.
  2. Our published charges for installation are based upon a Irish installation and only in limited circumstances, may be subject to site survey. We will give you a site-specific installation quotation in the event that additional travelling times and expenses are likely to be incurred or a non-standard installation is required. If this quotation is not acceptable to you and both parties are unable to reach agreement, either party may cancel the order within seven days from the preparation and circulation of this quotation.
  3. If you chose our professional installation service, we will endeavor to give you a mutually convenient time for our installer to visit. It is important to us that we can route our installers efficiently so your location may have an impact on the installation date or time that we provide to you.
  4. If we have agreed with you in writing that a site survey may be required, you will be responsible for settling payment for the survey directly with us on demand, the cost of which shall be additional to any other charges to be paid to us for the Services.
  5. Our installer is responsible for taking suitable care when installing the equipment. If you become aware of any potential problems with your installation, you should notify our installer during the installation if reasonably practical. Alternatively, you should contact us by email to notify us.
  6. Our installer(s) will have to work both internally and externally at your premises for which they will require suitable access. Therefore, you agree to, at your own expense and in advance of installation:
    – Obtain all necessary consents including landlord, occupier and other
    buildings consents for both access and installation of the equipment and for
    on-going maintenance of such equipment; and
    – Provide full, free and safe access to relevant premises, and a suitable
    environment for the equipment including all necessary cable ducts and
    electricity supply.
  7. The installer will fit the equipment and can demonstrate a working system on their PC if you request them to do so. They will have no responsibility to configure your PC(s), wireless devices or network as a part of the installation.
  8. A standard installation includes the provision of one network connection cable up to 3m (using a standard Cat5e cable) from the location of the indoor VSAT modem. Additional network (Ethernet/ CAT5) points can usually be provided during the installation visit if you request the installer to do so. Rates are available on request and included on our website. We can provide a written quotation for more extensive network or cabling and configuration requirements upon request.
  9. If you request us to do so, our Installer can configure your existing wireless LAN or ethernet routing equipment. Our charges for such services can be provided on request and are included on our website. Under no circumstances will we accept any responsibility or liability for your existing equipment installation, configuration or maintenance.
  10. If you choose your own installer or wish to complete a self-install, you are fully responsible for the completion of your installation. We are not obliged to provide additional assistance to you or a 3rd party installer. In the event that you choose self-installation option or to use your own installer, you agree that you will make reasonable endeavors to complete the installation within 14 days from receipt of the equipment. You agree that we are entitled to start to charge for the services from this point unless we have agreed in writing to an alternative billing date, any such date to be agreed by us at our sole discretion.
  11. Our liability to you for any damages or losses whatsoever suffered by you as a result of delayed, cancelled or incomplete installation will not exceed the value of the installation fee that you have agreed to pay. You accept that you will have no additional rights to terminate this agreement early on the basis of late or incomplete delivery provided that we have provided you with an alternative date to complete the installation.
  12. As long as we have notified you in advance of the agreed installation date, if you are not at the agreed place of installation on the agreed date and time when we either seek to deliver the equipment or carry-out the installation, we reserve the right to charge you an additional Installation fee for the redelivery or installation of the equipment or any return visit required including that arising due to insufficient time available on your initial installation date to complete the installation due to your absence or late arrival on site. Any such charges will be notified by us to you in writing and will be, in our sole opinion, such additional sums as we consider being reasonable in the circumstances.

 

 

PAYMENT FOR THE EQUIPMENT AND SERVICES

 

  1. The timely payment for equipment, the services and any other charges properly arising as a result of this agreement shall be considered to be of the essence. If you do not pay any charges as and when they fall due, you accept that you have broken this agreement and we have the right to terminate this agreement. This right is in addition to any other legal rights we may have against you, which we may also rely upon.
  2. You must pay all the charges, which are due, together with any Value Added Tax (VAT), and/or any other taxes (at applicable rates from time to time), which apply in relation to the equipment or services chargeable under this agreement. Unless otherwise agreed in writing, we will bill you one billing period in advance for the services together with any outstanding charges for services activated during the previous billing period. You must pay your bill in full by the due date without any deduction of any sort or any counterclaim. You will be liable for the charges from the day on which we first make the services available to you or otherwise in accordance with this agreement. You agree that you are liable for any charges incurred on your account irrespective of whether those charges were incurred by you or anybody else using the equipment and the services with or without your consent. Unless stated otherwise, all prices quoted by us and listed in our Website are inclusive of VAT and all charges that appear on your bill are inclusive of VAT. We may vary our charges from time to time and we may also alter your billing date or billing frequency/period. Any such changes will be provided with a minimum of 30 days written notice from us to you.
  3. The upfront charges for the services are those set out in our order form or our websites or those of any authorized third parties.
  4. Any additional charges for using the services must be paid by you by the due date.
  5. Subject to us reserving the right to carry out a suitable credit check on you at any point that we deem reasonable, we will normally require you to pay the upfront charges before your Installation. All equipment remains our property until paid in full. Where the upfront charges for equipment and installation have not been settled on demand, we reserve the right to charge a collection fee as detailed on our website from time to time and/or delay or postpone the agreed installation date and/or to demand the return of any equipment that we had provided to you in good faith in order to facilitate the delivery of the services and/or the right to remove all equipment supplied, with or without prior notice to you.
  6. All of our monthly service charges are based upon payment by you by standing order or by credit or debit card. It is your responsibility to provide us with a properly completed mandate in a timely manner to allow us to collect any and all on-going charges. In the event that we are unable to receive payment for the charges via standing order for any reason, you provide your consent to us collecting payment by any method including the use of other direct payment methods or using debit or credit card information that you have already provided to us.
  7. Upgrade and downgrade of the service. Many of our promotional offers require you to maintain the service level that you initially ordered from us for a minimum period of time. It is common that the higher packages receive larger initial discounts. If you upgrade to a higher tier at any time, there is no upgrade charge but you will not be entitled to any retrospective discounts. If you wish to downgrade during the promotional period we will charge you the difference between the upfront charges that applied at the time to your initial and new package tier. In addition to this, if at any time you wish to change the level of service assigned to your account by requesting such a change in writing, such changes are subject to the following terms.
    – Only one operation of upgrade or downgrade per calendar month is allowed
    per account.
    – In case of multiple change requests occurring during the same month, only
    the last one will be recorded in the system. The last modification recorded
    during the month of request will become effective from the first day of the
    following month.
    – In case of downgrade from a higher to lower package a downgrade fee will
    be chargeable.
    – If you ask us to downgrade your service from a package that requires a
    minimum level of monthly service to qualify, at our sole discretion, we may
    provide you with a specific one-off charge to downgrade your service as
    detailed above. We will usually require settlement of this charge prior to
    downgrading your service. We may also require that you commit to a new
    minimum period, normally being your current contract length.
  8. With the availability of any new services or changes to existing services, we will tell you the charges (or changes to the charges) for these services prior to accepting any order from you to implement any change of service levels.
  9. We will normally provide you with an invoice, invoice schedule or receipt, via email to your registered email address for your services and any other valid charges plus the charges for any services used at any earlier time if they have not previously been charged for (for example, service upgrades during a previous billing period already invoiced). As such, it is an important condition of this agreement that you provide us with, and maintain at all times, a current email address that we can use for all of our communications with you. We reserve the right to charge an administration fee of €5 if you request us to electronically re-send any such document. If you request a physical copy to be produced, mailed or faxed, there is a charge of €10 per event.
  10. If we have tried to collect a payment on or around the due date but it has not been received by us within a period of up to a further 5 working days, your account will be considered to be delinquent and the services may be temporarily or permanently (for persistent payment failures) disconnected. If we agree to re-connect your services, there will be a reconnection charge of €49.50 that you are required to pay before your services are restored. restoration of your services may take up to three working days from the day that we receive full payment of any outstanding charges.
  11. Furthermore, if you default in the payment of any monies more than 5 working days from the due date, we reserve the right to charge interest from the due date until the payment is made in full (irrespective of whether the date of payment is before or after any judgment or award in respect of the same) at 3% per annum above the DIBOR  base rate from time to time.
  12. We reserve the right at all times to vary the charges for the services, the equipment and the installation. We will make reasonable efforts to give you written notice before any such change to the charges occurs. If the charges are increasing, we will give you at least 30 days written notice. Where we have increased our like for like monthly service charges to you by more than 10% in any 12 month period (unless such change was a specific term of a promotional offer that you accepted), you may cancel this agreement by giving us 30 days’ notice in writing, however you are still liable for the balance on your account including, but not limited to monthly (or periodic) service charges and/or equipment rentals or any other charges due under this agreement up to the date of termination.
  13. After the minimum period has expired, if you terminate this agreement or any of the services between the dates when we issue bills to you, you must pay all charges which have accrued since the last bill was calculated and the proportion of any service charges which have accrued up to the next billing date. This termination is subject to the provisions of clause 10 below.
  14. You agree that whilst charges remain outstanding beyond the due date and/or your account is suspended, no changes are permitted to the level of services that you receive and no additional services ordered by you can be actioned by us until all overdue charges are received by us.
  15. Save as expressly set out in this agreement, you shall not be entitled to suspend the payments under this agreement, as a result of faults and/or defects of the service.
  16. All of our prices will clearly state the currency that they are quoted in and are inclusive of VAT or other relevant taxes at the prevailing rate, unless otherwise stated.
  17. If you default on more than two payments of the charges in any rolling 12-month period, we have the right to require you to pay for the charges quarterly in advance without entitlement to any prevailing discounts.

 

 

FAIR ACCESS POLICY (“FAP”)

 

  1. The Fair Access Policy (sometimes also referred to as a Fair User Policy or similar reference) has been defined to enable a high quality internet access service via satellite with a consistent customer experience at an acceptable price. The implementation of the FAP determines the management of your satellite broadband services to prevent any unfair and unacceptable use of the network. You are subject to a FAP during the lifetime of this agreement.
  2. At all times, systems will be in place to measure the volume of inbound and outbound data generated by your system. The generated volume measured is aggregated over certain defined time periods. This data volume is compared with the thresholds defined in the FAP. If the threshold has been reached, the speed of your satellite broadband service will automatically be reduced or restricted (sometimes referred to as “Throttling” or “throttling”), either in upload, download or both directions. These restrictions will be automatically removed once the aggregate volume for the defined period goes below the threshold.
  3. The thresholds for the applications of speed restrictions to your satellite broadband service will depend on the level of service ordered by you. It is your responsibility to ensure that you are fully aware of the relevant thresholds within the FAP for your chosen service level. We will ensure that the FAP is displayed on our website at all times.
  4. FAP policies and restrictions are governed and controlled solely by the satellite operator and we cannot change any restrictions applied to your services due to over usage against service level requested.
  5. We reserve the right to implement changes to the FAP from time to time, where we judge, in our sole reasonable opinion that such changes will be to the benefit of our customers as a whole.
  6. In certain circumstances, we will provide the opportunity for you to purchase additional bandwidth. Further details of additional bandwidth (sometimes referred to as tokens or booster tokens) can be found on our website.
  7. Alternatively, you may upgrade your service to a higher level, if available and your data limits for FAP will start at zero at the point that the higher-level service is activated. There is no specific charge to upgrade your service level, only the new level of monthly (or periodic) service charge.

 

 

 

SUSPENDING OR DISCONNECTING THE SERVICES

 

  1. We may at any time:
    Temporarily suspend the services for repair, maintenance or improvement of any of its systems wherever located, or temporarily provide replacement services or equipment of a similar functionality to those previously supplied; or
    Give you instructions on how to use or vary the services (which you agree to comply with) where we reasonably consider such instructions are provided to you in the interests of safety, or the maintenance of service quality.
  2. Before doing either of these things we will endeavor to give you as much notice as is reasonably practicable in the circumstances and we will also aim to restore the services as soon as reasonably practicable after any temporary suspension.
  3. We may suspend our service without warning:
    In an emergency;
    – When we are required to by any third party whose systems we use to provide
    the Services;
    – When we are required to by the police or security services or other party who
    may have legal authority to make such a request;
    – If you, your employees/authorized users, or anyone you or your
    employees/users allow to use the services, does not keep to the conditions of
    this agreement, or any other agreement with us;
    – If you, your employees/users, or anyone you or your employees/users allow
    to use the services damages the equipment supplied by us including the
    hardware or software which is necessary to operate the services or put it at
    risk, or
    – You physically or verbally threaten or abuse any of our staff; or
    – If you do not pay all charges due to us by the due date.
  4. We reserve the right to charge you a re-connection fee where you or your employees/users either acting themselves or through a third party, have caused or contributed to the suspension of the services.

 

 

 

 

 

ENDING THE AGREEMENT

 

  1. Either party can cancel this agreement immediately if any of the following happens:
    – The other breaks an important condition of this agreement or several less
    important conditions and (if it is capable of being put right) does not put it
    right within 21 days of written notice to do so;
    – If the other is subject to bankruptcy, insolvency or any similar proceedings
    or, in the reasonable opinion of the party ending the agreement, the other is
    unable to pay its debts;
    – After the minimum period, in accordance with terms set out in this
  2. In addition, we may end this agreement if the satellite operator is unable or unwilling to make such services available to us, providing we give you 30 days written notice
  3. At the end of the agreement if validly terminated by us, you must pay any valid charges that are due to the end of the agreement or the point at which we are unable to continue to deliver the services whichever is earlier. If the agreement is validly terminated by you, you must pay any valid charges up to the point that the agreement is properly terminated.
  4. At the end of this agreement, in all circumstances you must return any of our equipment that we have asked you to do so.
  5. At the end of this agreement, you will be disconnected and you will no longer be able to use the services.

 

 

RIGHT TO CANCEL

 

  1. You have the right to cancel this agreement from the point that you place your order with us up seven days after the earlier of you receiving the equipment, your install being completed or your services being activated. This must be done in writing to our main contact office (the cancellation notice).
  2. If you cancel your order after any some or all of the equipment has been delivered to you will be liable for any reasonable charges associated with the cost of delivery and collection, activation and account set-up and, if necessary, the de-installation, of any installed equipment.  As we may offer promotional subsidies or special offers on the equipment or our installation charges, the collection or de-installation charges may be more than you paid for initial delivery or installation. It is your responsibility to confirm any charges arising from your cancellation. These charges will be deducted from any refunds due to you.
  3. Where the equipment or any relevant part of the service has been activated prior to our receipt of any acceptable cancellation notice, you will also be liable for any charges associated with any services provided to you up to the point of cancellation including any activation and account set-up charges. All valid charges will be deducted from any refunds due to you.
  4. After all of the equipment that we have requested from you is received at our head office we will promptly test and inspect the equipment. Any equipment reasonably deemed by us to be damaged or in any other way faulty, such fault not arising through our liability or by way of equipment failure, we will raise a charge equivalent to the reduction in value of the impaired equipment whether by way of replacement or repair; whichever is the lower plus our reasonable administration costs.
  5. We will provide you with a final invoice detail any charges arising and any net balance due to us or payable to you. We will either collect any sums due to us or refund any balance due to you within 14 days of completing our inspection of the equipment.

 

 

 

INFORMATION, PASSWORDS AND DATA PROTECTION

 

  1. After you have ordered services from us, in order to access the services, we may provide you with a user identity (User ID) and/or a unique password. You are responsible for the security and proper use of all User IDs and passwords and must keep them confidential and not disclose them to any third party without first obtaining written authorization from us.
  2. You must inform us immediately if:-
    – You suspect that any password in relation to the services has or may have
    become known to someone who is not authorized to use it and/or
    – You forget a password. Providing that you satisfy any security checks as
    may be reasonably required by us, we will issue you with a new password.
  3. If we reasonably suspect that there has been or is likely to be a breach of security or a misuse of the services, we may change your password and we will notify you accordingly.
  4. You are required to promptly and accurately give us all the information that we reasonably request so that we can perform our obligations under this agreement.
  5. You must inform us immediately of any change to any particulars you have provided to us, including changes to the equipment. We shall not be liable for any expenses you incur or savings you fail to make as a result of your failure to notify us in a timely manner of any such changes.
  6. We may at any time, subject to the relevant legal and statutory provisions, use any information that you have provided to us, together with any other relevant information, for the purposes of administration, credit scoring, consumer services, training, marketing, tracking use of our services (including processing call, usage, billing, viewing and interactive data), profiling your usage and purchasing preferences and providing you with services. We may disclose your personal information to any group company and our sub-contractors and agents for the above-mentioned purposes. You have a right to ask in writing for a copy of your information (for which we may charge a small fee for information not accessible through our website) and to require us to correct any inaccuracies. We will not pass your information to any other 3rd parties without your written consent.
  7. From time to time, we, or a third party acting on our behalf, may contact you by mail, telephone, email or other method with information about our products and Services (including discounts and special offers). If you do not wish to receive marketing or promotional information from us, you must confirm this to us in writing. If you do not wish to receive any marketing or promotional material from us or our third party agents, you accept that you will no longer receive notification of or be entitled to our special offers or promotions.
  8. We will only discuss your account with you or with an authorized person that you have notified us of by email or in writing.
  9. We may record or monitor telephone calls to help us to improve our services.
  10. You acknowledge that we may co-operate with any court, tribunal, regulatory body, police authority or other competent authority in any investigations or proceedings concerning you or your use of the services. This may include disclosing communications transmitted via the services or other particulars regarding your use of the services to such authorities.
  11. We may use credit reference agencies to help us make credit decisions or for protection against fraud. You agree that we may register information about you and the conduct of your account with any credit reference agency. For the purpose of fraud prevention, debt collection and credit management, we may disclose information about you and the conduct of your account to debt collection agencies, security agencies or financial institutions.
  12. We will provide relevant information in the event that we sell or transfer our business, to ensure that you continue to receive the Services.
  13. If, in connection with any of the services, we act as a “data processor” of any information you give us, and you act as a “data controller” we will, in relation to that information:-
    act on your instructions only; and
    comply with obligations equivalent to those imposed on a data controller under the Data Protection Act relating to security or applicable equivalent legislation.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

  1. You acknowledge that certain material including (but not limited to) text, software, music and video clips, photographs/images, graphics, logos, adverts or other data accessed through the Services, is protected by copyright, trade mark, service mark, patent or other proprietary rights and laws. This material may be owned by us or by third parties.
  2. You acknowledge that you are only permitted to use the above material to enable you to use services. You may not, save as is reasonably necessary to make use of the services, copy, reproduce, distribute, publish or make any commercial use of any such material obtained while using the services.
  3. You may from time to time transmit material or content during the use of the services. You acknowledge that as an internet service provider (ISP), whilst we take all reasonable steps on our network to ensure its security, such security cannot be guaranteed and third parties may gain access to your material. You acknowledge that, for the purposes of providing you with the services, we may require the right to copy, reproduce, modify and adapt your material and accordingly you grant a free, irrevocable, worldwide license for us to do this. Intellectual property rights in the software remain our property or that of our licensors. You hereby agree to comply with any licenses of the software reasonably required by the owner of any intellectual property rights in any of the software for the protection of that software howsoever notified by us to you including appearing on any screen used by you to use the services.
  4. We hereby grant to you a non-exclusive license to use the software in executable form only. The license granted to you under this agreement is personal to you and may not be sub-licensed, transferred, assigned, or otherwise disposed of. If you use the software in any way which will result in you being in breach of this agreement, or you attempt to transfer, assign or otherwise dispose of your license to use the software, the license will be terminated immediately which may impact your ability to use some or all of the services but you will still be bound by the terms of this agreement.
  5. The software is protected by copyright law. You may not copy the software, except to make a single copy for backup or archival purposes. Any such copies shall be subject to this agreement. You may not lend, rent, lease or otherwise transfer the software. You agree not to attempt to reverse engineer, decipher, decompile or disassemble the software or otherwise reduce it to human readable form or knowingly allow others to do so, except to the extent that applicable laws specifically prohibit such restriction. You may not modify the software or create derivative works of the software.
  6. The services may comprise software, services, technical information, training materials or other technical data that are subject to the country of origin export control regulations or the laws or regulations of that country. You may not download or otherwise export or re-export the software or any underlying information or technology except in full compliance with all applicable laws and regulations.

 

 

MAINTENANCE SERVICES

 

  1. Unless we have expressly agreed with you in writing, only our staff or our authorized agents may provide maintenance and repair services for the services and the equipment.
  2. Additional charges may apply where any problem with the services or the equipment has been caused by misuse or abuse of the equipment by you or someone acting on your behalf or within your control even if such events occurred in the attempted repair, removal or reconfiguration of the equipment or services. This will include any charges that we reasonably and directly incur as a result of actions that we are reasonably required to take arising from the impact on our services caused by viruses, malicious software or other malware introduced via any part of the customer equipment.

 

 

LIABILITY

 

  1. We are legally responsible to you only as set out in this agreement.
  2. Nothing in this agreement shall remove or limit our liability, or the liability of anyone who works for us, in the event of :
    – Death or personal injury caused by negligence;
    – Fraud;
    – Anything which cannot be excluded by law.
  3. Our entire liability to you for something we or anyone who works for us does or does not to do in respect of breach of contract, negligence or pre-contractual misrepresentation will be limited to the lower of the value of any direct losses you incur or :
    – €2,000 for damage to property;
    – €3,000 for all other losses which are not excluded by clause (d) below;
  4. We are not liable to you in any way for any indirect, consequential, incidental losses or damages or any loss of profits, revenue, expenses, goodwill, anticipated savings however they may be caused and even if they were and are foreseen by you and notified to us in any manner.
  5. We are not liable to you in respect of any products or services you order from other companies using the services.
  6. We will not be liable for any loss as a result of the suspension, disconnection or unavailability of the services, which occur in accordance with the terms of this agreement.
  7. We will not be liable to you if something beyond our reasonable control prevents us carrying out our duties or providing any of the services.
  8. You must tell us in writing about any potential claim as soon as you become aware of any incident and that such incident means that you may be entitled to make a claim and in any event within 14 days of any incident resulting in such a claim first occurring. If you make us aware of a claim outside of this timeframe, it is our sole discretion as to whether we recognize and deal with any such claim.
  9. This section will apply even after this agreement has ended.

 

 

GENERAL

 

  1. We may change any of the terms and conditions in this agreement if new laws or rules make it necessary or for any other good reason. We retain the right to amend, modify or substitute these terms and conditions at any time. In the event of any material changes, we will endeavor to provide you with 30 days’ notice in writing in advance of doing so. If you do not object to the modification, amendment or substitution via written notice to us within 30 days of us having notified you, the new terms and conditions in their entirety shall then be deemed to supersede any and all preceding agreements between the parties.
  2. In the event that we fail to apply any aspect of this agreement at any time, any action, concession, exception or time that we allow you only applies to the specific circumstances in which we give it. It does not affect our rights under this agreement in any other way.
  3. Irish law will apply to this agreement and you and we agree to the exclusive jurisdiction of the Irish courts.
  4. If a clause or condition of this agreement is not legally effective, the rest of this agreement remains effective. We may replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is. This agreement is made solely and specifically between and for the benefit of the parties and is not intended to be for the benefit of, and shall not be enforceable by any person who is not named at the date of this agreement as a party to it, and neither party can declare itself a trustee of the rights under it for the benefit of any third party. The terms of this agreement will apply jointly and severally to all those agreeing to take services under this agreement.
  5. A reference in this agreement to a statutory provision will, unless expressly provided otherwise, be interpreted as a reference to such provision as amended or re-enacted.
  6. In this agreement unless the context otherwise requires words in the singular include the plural and vice versa; and words implying any gender include all genders.
  7. This agreement represents the entire understanding between you and us in relation to the subject matter herein and supersedes all other agreements or representations made by you or us, whether oral or written.
  8. Unless we clearly state to the contrary in any offers or promotions that we make or as otherwise specifically agreed by us, you will only be eligible to benefit from one promotional offer or discount applicable to the services. Nothing in this clause shall imply the existence of your right to any promotional offer or discount.
  9. Any appendixes attached to this current agreement or added in the future are to be treated as wholly incorporated into this agreement and form an integral part thereof.
  10. Any external links on any of our websites are not under our control, and as such we cannot be held responsible for any content found on these sites. We endeavor to supply 3rd party links that we believe will be for the wider benefit our customers and this by no way assumes any endorsement in whole or part by us to the content that may be found on these sites.

ASSIGNMENT

 

  1. This agreement is personal to you and therefore it may not be assigned or transferred by you to any other person without our prior written consent.
  2. For commercial and other business reasons, we have the right to assign this agreement together with any associated rights of access and installation at any time to any company, person or other legal entity.

 

 

 

 

NOTICES AND COMPLAINTS

 

  1. As per section 7, it is an important condition of this contract that you provide us with, and keep us notified of, a valid and current email address through which we can make contact with you in a timely manner at all times. In the event that we do not hold a valid or current email address, you may be liable for additional charges that arise through our inability to contact you about your account or other matters in a timely and efficient manner. This email address may also be required for actions such as online viewing of invoices, raising trouble tickets and receiving correspondence from us.
  2. You can provide any formal notice to us by delivering or posting such notice to the address shown on our website under “Contact us” which, at the point of this agreement is :- Irish Satellite Broadband Limited, 21 Western Industrial Estate, Naas Road, Dublin 12 or as otherwise amended from time to time on our website.
  3. We are able to give notice to you by delivery, post, and fax transmission or by email to the current address and telephone number (as applicable) as initially set out in your request for the services or as updated by you and notified to us from time to time. Our preferred method of communication will, in most instances, be by way of electronic communication to your email address.
  4. We may also provide you with other specific contact details to allow you to communicate with us, or use the services, in a more efficient manner. This may include specific email addresses for specific tasks or access to online services through which you can access specific information about your services, your account or communicate with us on other matters.
  5. Any information relevant to this agreement that may be varied over time will be detailed on our website irishsat.ie
    In the event that this address is changed for any reason, we will notify you of the new location either by way of forwarding from the original web link or by other direct notification including email.
  6. Either party may amend their details at any time providing advance written notice is given to the other.
  7. If you have any complaints about the services or equipment, you can send these in writing to us at the address set out at the head of the agreement or by email to support@irishsat.ie