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 name” & “customer address” as submitted by you the Customer via the online signup form and Adelphi Net1 Limited of Quayside Business Park, Dundalk, Co. Louth A91 WNH1 (“Net1” or “We” or “Us” ) for the provision and use of Fibre Internet Connectivity Service and/or Voice Over IP Telephony Service and also any other services which you may request Net1 to provide you with (“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 Quayside Business Park, Dundalk, 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
1.1 This Agreement commences on the date that the successful installation of the Fibre Network Termination Unit (the NTU) in your premises has been completed by the installation contractors (the “Commencement Date”) and will continue for an initial minimum term as specified on the signup form (the “Initial Term”) (i.e. one of either 12, 18, 24 or 36 months whichever is associated with the agreed tariff level as published at the time of commencement of this agreement). The contract minimum term period will then automatically renew for a further 12 months if you do not serve us with a written termination instruction earlier than 8 weeks from the date of the last day of your minimum term and then will renew thereafter for further minimum periods of 12 months 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. You may be required to pay in advance an order/booking deposit payment which will be offset against any published installation charge and initial 2 months service charge.
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 order/booking fee. Failure to provide us with all of the necessary properly completed and signed documents and funds will lead to delays in the time taken to provide installation (Commencement of Service) or even no installation at all.
1.3 The minimum term will be extended by a further 12 months period each time that a customer elects to pay annually in advance via an annual pre-payment. No refund payment will be due to the customer in the event that a customer elects to terminate their agreement for any reason in advance of the further 12 months minimum term period.
2 Net1 Provision of “the Broadband Services”
2.1 We will provide “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.
2.2 In order to use “the Broadband Services”, you need a personal computer or suitable device of a minimum specification. 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 beyond the control of Net1 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 in the case of a Fibre to the Cabinet service due either to the distance from your premises to the roadside cabinet and or the quality of the copper wire from the cabinet to your premises.
2.3 We do not undertake to provide a fault free service. If, however, a fault occurs or you are unable to access the Net1 internet service then you should report the fault as soon as possible primarily via telephone to our telephone support staff who are available during normal business hours on our published telephone number. Alternatively, if you wish to report the fault outside normal business hours you may do so via email to email@example.com or text message to +353871365473. The details for 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 to the Net1 internet service 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 the 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”.
2.7 Net1 provides all services on an “As Is” and “Best Effort” basis. In providing Internet access and any other associated services, Net1, its 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 or fitness for a particular purpose whatsoever. Without limiting the foregoing, Net1 will not be liable for damages or losses resulting from 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-mails, lost data, unauthorized access to the customers records or files, errors, defects, viruses, delays in operation or transmissions or any other failure as a result of the performance of the Net1 internet service.
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 and fees as listed in the schedules on our website at www.net1.ie/chargesandfees and www.net1.ie/fieldservicecharges
3.2 We will send you your first bill shortly after we begin providing “the Broadband Services”. We will issue further bills every month, or at any time during the period of the contract which we will upon request from you send to you via email to the email address which you provide to us. We also reserve the right to issue bills by e-mailing these periodic bills to you (although we reserve the right to send you a bill by e-mail at any time).
3.3 During the registration process, we may ask you to provide a payment in respect of a credit deposit of 6 months service fees, in the case where you are a tenant in the property, which will be held as a deposit on your account for the duration of the contract.
At the time of your installation and hand over of the service you will provide Net1 accounts staff with your bank or credit card details (if not already provided to us at the point of signup) in order to pay the installation fee and also for us to set up automated monthly debits from your card account.
If you wish to discharge your account via a manual payment (e.g. cheque or funds transfer) then billing will be either Annually, bi-annually or quarterly in advance and there will be 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.and/or 3.8 in this agreement. You must pay all deposits when we ask for them.
3.5 Payments are due in advance, on or about your bill cycle day of each month (your gale day). 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 (the minimum contract period as detailed on the online signup form). Unused service time in any month is non-refundable. Unused service time for customers who elected to pay annually in advance is NOT refundable. Unpaid accounts in default may be subject to a late payment charge and a compound interest charge as detailed in our schedule of Charges and fees available on www.net1.ie/chargesandfees on the outstanding balance. If your account is referred to a collection agent the customer is hereby agreeing 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 a payment failure, or non-payment, the customer is liable for reconnection charge as detailed in our schedule of Charges and fees available on www.net1.ie/chargesandfees which must be paid by the Customer prior to reconnection by Net1.
3.7 Dependent 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 to immediately 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/chargesandfees .
3.8.2 In these circumstances, you will be sent a written message via email giving you 4 days in which to arrange for your account to be discharged in full.
3.8.3 If, in response to our written message, 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, 14 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/chargesandfees) together with a fee for the submission of a further warning written message (as detailed in our www.net1.ie/chargesandfees), and (ii) a written message will be sent to you via email 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 written message, failing which we reserve the right to refer your outstanding account to Net1 credit control department for collection and/or litigation by our legal agents.
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 you will be liable for the arrears and also for the monthly service fees in respect of any remaining period to the end of your minimum term. Your account will be referred to Net1’s credit control department for it to take the appropriate action to collect the outstanding sums which may include our legal agents obtaining a court judgment against you and publication of any such court judgement.
3.8.6 If we are required to instruct our solicitors, legal agents or other professional advisers to collect any outstanding sums falling due on your account, you will be responsible for, and we will look to you to discharge, all costs that are incurred by us in taking such action including all travel, subsistence & salary costs associated with Net1 staff and witnesses attending any court appearances in the process to obtain court judgements against you. Compound interest will be charged at the rate detailed in our schedule of Charges and fees at www.net1.ie/chargesandfees on all overdue accounts which will include all costs incurred by Net1 in obtaining any court judgements against you.
3.9 You must ensure that the account holder’s name is the same as the name on the payment details that are provided. In the event that these should differ we will require a written undertaking and consent from the payee in respect of your contractual obligations under this agreement.
3.10 If you currently receive a broadband service from an alternative supplier you are responsible for any contractual agreement which you may 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.
4.1 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.
4.4 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 equivalent to that as published on our online store.
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 a value equivalent to that as published on our online store.
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 firstname.lastname@example.org or by writing by letter post to the Net1 registered address
4.7 The Customer agrees not to, nor allows 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, attempt to resell or redistribute “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 via or from your mail server. If you or your agents should allow such “relay emails” whether deliberately or inadvertently your Net1 service may be suspended until the issue is remedied and you will be liable for all costs incurred by Net1 in respect of remediation of Net1 servers and congestion on the Net1 network.
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 online 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 proof of identity, with access to the location at your premises where the Net1 Equipment has been installed. We will usually 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, mailing list or other such forum including social media is strictly prohibited
6.5 Impersonating another user or taking and using an IP address which has not been allocated to you 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”. You must inform us in the event that you change your email address or mobile telephone number. Failure to do so may lead to us not being able to communicate messages to you in respect of service outages, changes or accounts issues and arrears.
7.4 You accept and acknowledge that “the Broadband Services”, is not a secure Internet Connectivity service and we do not guarantee the prevention or detection of any unauthorized attempts by third parties 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 all telephone calls to & from Net1 are recorded and may be reviewed in the event of any dispute which may arise in respect of verbal agreements or undertakings which are entered into during the telephone calls. 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 any other 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. The Content is protected by copyright, trademark and other Intellectual Property Rights, as applicable. You must not, and also you 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.
10.1 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 or series of related incidents be limited to the value equivalent to one month’s service 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 device(s) which may be required for the purpose of delivering the Net1 broadband service to you. You agree that it is your responsibility to completely back up all data which may be resident in your device(s) prior to installation. You further agree that Net1 and or its subcontractors are not responsible for any problems with your device(s) following the installation or any subsequent service performed on your device(s) 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 the service provision fees which you have paid to Net1 from the time of the loss of data or the time the damage to your equipment has been caused to the time the damage is discovered and notified to Net1. You will not be expected to pay for the Net1 Service Fees for this specified period.
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” or to access the internet or any part thereof, or your reliance on or use of offers, claims, representations, promotions and transactions, information, services or merchandise provided on or through the internet or “the Broadband Services”, 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” by you or an authorised 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 Bank direct debit mandate or Bank standing order details submitted by you to us for payments 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 FOURTEEN DAY COOLING OFF PERIOD. 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. The written cancel notice must be issued either by email to email@example.com or letter post to our registered address. If at that time you have already been supplied with, or the Fibre NTU has already been installed, you will not be entitled for a refund of the value of the full cost in respect of the labour and materials which have already been incurred by Net1 Ltd for carrying out the fibre installation which may be considerably more than the published installation fee, or expended while carrying out the installation on your behalf. If you have already been provided with a Wi-Fi Router or modem you must either pay for the Wi-Fi Router or Modem or make arrangements at your own expense to return the Wi-Fi Router or Modem to our registered address undamaged in its original packaging within 7 days of the termination notice. In the event that you have issued us with a payment in lieu of returning the Wi-Fi Router or Modem and if we receive the Wi-Fi Router or Modem within 30 days of your serving us with your termination notice we will refund you for any payment received from you in respect of such Wi-Fi Router or modem if it is returned in perfect working order in its original packaging. The fourteen-day cooling off period is not applicable to contracts that are completed at Net1’s place of business.
13.4 You 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 your minimum term period which applicable at the time of your notice being served. Your minimum term period is set out in Clause 1.1 of this agreement. For the cancel notice to be valid you must pay all Fees for “the Broadband Services” in respect of the period up to the end of your minimum term period applicable at the time of your notice being served. 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 your minimum term period applicable at the time of your notice being served, have been paid to us. In order to be valid your notice to cancel must be issued in writing and sent EITHER via email to firstname.lastname@example.org or via letter post to our registered address and you must also return at your own expense to our registered address the Net1 supplied equipment along with the associated cables & power supply undamaged.
If you fail to return at your own cost the Net1 router, modem or any other supplied indoor equipment to Net1 on or before 30 days from the date you served your cancellation notice to Net1 you are liable for its full cost at the price published on our website at that time payable immediately after the 30 days have elapsed. This is because the Net1 equipment is unavailable for Net1 to issue to any other Net1 customer. Indoor equipment returned after 30 days from the date you served your cancellation notice to Net1 will not mitigate your liability for the full cost of the Net1 equipment.
13.5 If you move to a new address to which it is not possible to provide “the Broadband Services” you may not terminate this Agreement within your minimum term period which is applicable at the time of your notice being served even 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 party 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 your current minimum term (which is the first 12, 24 or 36 month period, depending on the tariff/service level which you are being provided with.
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 email@example.com or letter post to Net1 Limited, Quayside Business Park, Dundalk, 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.
13.10 All termination notices received by Net1 will be acknowledged in writing by Net1 Ltd. accounts department to the customer within a reasonable period (usually 30 days). In the event that Net1 accounts department fails to issue a confirmation of termination notice in writing within 30 days, it is imperative that the customer contacts the Net1 accounts department by telephone and brings the termination notice to their attention. This is to ensure that the Net1 service charges do not continue to accrue on the customer’s account and that there is service termination. Customers failing to bring such an issue to the attention of the Net1 accounts staff’s attention will continue to be liable for all accruing charges.
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.
15.1 You hereby authorise Net1 and or its authorised contractors to install Fibre NTU and associated Wi-Fi router, software, wiring and any other equipment as necessary at your premises in order to provide Net1’s Broadband Services.
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. The details of a standard installation which is included in the published installation price is set out on our webpage www.net1.ie/fieldservicecharges .
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 Fibre NTU 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 the installation, repair or maintenance services in support of “the Broadband Services”.
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 and/or at the discretion of Net1, by notification via your email address which you have notified to us in writing at any time during the term of this agreement.
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/fibre-terms-and-conditions and or at Net1’s discretion by notification via your email address which you have notified to us in writing at any time during the term of this agreement.
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 (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 by you under this Agreement must be in writing and may be delivered by hand, courier or letter post, or e-mail by you to us at the following addresses:
(a) to us via letter-post at the Company Registered Address at the time of the notification details of which are published at www.cro.ie or via email to firstname.lastname@example.org ;
(b) to you at the relevant letter-post or email address provided by you as part of the details which you provide to us on the front page of this agreement (the details written in the Customer Account Details panel of the front page of this Service Level Agreement) 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/complaintshandlingprocedure. A formal complaint process is provided to ensure that your issue is addressed as quickly as possible and at the highest level necessary.
16.10.1 Customers seeking a refund for any reason must submit a request for a refund in writing to Net1 accounts department at email@example.com or by letter post to the company registered address at the time of the request with a full explanation and all supporting information. On receipt of the fully supported refund request, the case will be reviewed and a decision issued within 1 month. An unfavourable decision may be appealed using the procedures set out in section 16.9.
16.10.2 If it is decided that a refund is due to the customer, the refund payment will be issued directly to the customer’s bank account or by cheque to the customer at the customer’s last known postal address within 1 month of the decision date.
16.10.3 Refunds will not be issued in respect of payments made by customers to Net1 Ltd. in respect of service periods for which customers have failed to serve Net1 Ltd with a valid written termination notice which has been acknowledged by Net1 Ltd. in writing or for all customers who have not completed the ‘minimum term’ period.
16.10.4 For customers who have issued a termination notice in writing which has been confirmed by Net1 Ltd in writing and who fail to make arrangements with their bank to cease the ongoing monthly “bank standing order” payments to Net1 Ltd an administration and handling fee of 20% of the refund value will be charged & deducted from any refund issued to the customer.
17 Service and Repairs
17.1 Net1 will be obligated to maintain and carry out all necessary repairs to the Fibre NTU & associated Wi-Fi Router 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 Customer’s servants or agents as determined solely by Net1.
17.2 Any maintenance or repair work needed to any equipment which was not provided by Net1 including, but not exclusive to, PC’s, laptops, switches and/or Wi-Fi 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”, you the Customer will be liable for a service call charge to cover the cost of a Field Service Technician 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.
18.5 Net1 will assign to you 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. Net1 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 or a confidential request for disclosure of data in accordance with Section 3 of the Communications (Retention of data) Act 2011 and provided for in part 2 of schedule 2; 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. 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 cannot 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. 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, a functioning VOIP device and availability of the Net1 Internet Connectivity via the Net1 network.
19.4 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.
19.3 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.
19.4 The Customer acknowledges that “the Broadband Services” is an “always on” connection to the internet while the Net1 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 unauthorised or malicious access from the internet. Net1 accepts no liability for the security of the customer’s equipment or systems.
19.5 The customer acknowledges that their use of “the Broadband Services” shall be deemed to be an acceptance by the Customer of this agreement.
19.6 If you wish other parties to contact Net1 and discuss this agreement or your account with Net1 or the Services which Net1 is providing to you or represent you in respect of the installation or delivery of the service or technical issues in respect of the provision of the service then you must provide us in writing by email to firstname.lastname@example.org OR letter-post or online via www.net1.ie/update-authorised-contacts with full details of any other person who you authorise for these purposes.
This Agreement will be governed by and construed and interpreted in accordance with the laws of the Republic of Ireland for customers for whom the point of delivery of the Net1 service is within the Republic of Ireland and in accordance with Northern Ireland Laws for customers for whom the point of delivery of the Net1 service is within the jurisdiction of Northern Ireland, and the parties submit to the exclusive jurisdiction of the respective Courts.