RURAL BROADBAND T&CS 18-MONTH CONTRACT
Terms and Conditions for rural broadband in Ireland Broadband Services.
This Customer agreement (The Agreement) is made by and between the person or
Legal Entity whose Name and Address is detailed in (written in) the panel titled as
“customer account details” on the page overleaf (The Customer or You) and Rural
Broadband of Anglesea House, Anglesea Street, Clonmel, Co. Tipperary (Rural
Broadband or We) for the provision and use of Fixed Wireless or Fibre Broadband
Internet Connectivity Access Service and or Voice Over IP Telephony Service (“The
Broadband Services”). The Customer means the person or legal entity with whom Rural
Broadband 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 Rural Broadband. 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 Rural Broadband, a Limited Company incorporated under the laws of the
Republic of Ireland with registered offices at Anglesea House, Anglesea Street, Clonmel,
Co. Tipperary (“ Rural Broadband” is a trading name of Voip and Internet Services
Limited) 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
Rural Broadband hereby agree the following:
1 Commencement and Duration of this Agreement
1.1 This agreement commences on the date that the successful installation of the Rural
Broadband wireless internet receiver at (or on) your premises has been completed and
the installation acceptance form has been signed by you or on your behalf by your
representative (your representative is the person whom, in your absence, you will have
arranged to attend your premises, in order to supervise the Rural Broadband
representative’s access to your premises, for the purposes of completing the installation
of the Rural Broadband receiver equipment) ( the “Commencement Date”) and will
continue for an initial minimum term of 18 months (the “Initial Term”) and indefinitely
thereafter unless terminated earlier by either party in accordance with Clause 13 of this
Agreement. Our Acceptance of your application for broadband services is subject to us
performing a credit check on you and being satisfied on all respects with the outcome
of the credit check.
1.2 We will make our best commercial endeavours to complete the Rural Broadband
installation at your premises and commence this agreement within 30 days of Rural
Broadband receiving the properly completed and signed Rural Broadband service level
agreement contract document complete with the appropriate installation fee and
appropriate documents for the ongoing automated payment of the monthly service
fees. Failure to provide us with all of the necessary properly completed 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 NBI Fibre Broadband may charge a fee for installation of €100.00 + Vat. Where and when this applies Ruralbroadband.ie will subsidise this fee by 50%.
2 Rural Broadband Provision of “the Broadband Services”
2.1 We will provide the Fixed Wireless Broadband Internet Connectivity Access Service
and or Voice Over IP Telephony Service (“the Broadband Services”) to you with
reasonable skill and care in in accordance with the provisions of this Agreement. Whilst
we will use our reasonable endeavours to begin providing “the Broadband Services” by
any date provisionally agreed with you, we have no liability for any failure to meet any
date. We can only provide services in areas of Ireland in which we are technically able to
offer “the Broadband Services” from time to time.
2.2 In order to use “the Broadband Services”, you need a personal computer of a
minimum specification. The minimum specification is listed on our website
www.ruralbroadband.ie You acknowledge that we are dependent upon certain third
parties to install and provide “the Broadband Services” to you. You also acknowledge
that there may be technical limits that prevent us from delivering an operational service
to you. We will endeavour to provide “the Broadband Services” to you at the access rate
you choose but, due to congestion within the network, the speed of service may be
reduced at times or continually in the event that the location of your premises allows
only a low level of wireless radio signal.
2.3 We do not undertake to provide a fault free service. If, however, a fault occurs, you
should report the fault by telephone, electronic mail or in writing to the Support Service.
The details of the contact points for reporting and or escalating a fault are detailed on
the welcome sheet which is provided to the Customer at the time of the initial
installation and connection and or at our website www.ruralbroadband.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. Rural
Broadband will restore “the Broadband Services” as soon as it is reasonably can after
suspension.
2.5 We may, for operational or other reasons, change any codes or the numbers
allocated to you or the specification of “the Broadband Services” by 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 Rural Broadband provides all services on an “As Is” basis. In providing Internet
access and any other services, Rural Broadband, it’s officers, directors, employees,
representatives and agents, make no representations or warranties except as expressly
stated herein and expressly disclaim all implied warranties, including without limitation,
warranties of merchantability, fitness for a particular purpose whatsoever. Without
limiting the foregoing, Rural Broadband will not be liable for damages resulting the use
or inability to use “the Broadband Services” or to access the internet, reliance on
information obtained through the internet, interruptions in service, deletion of files or
e-mail, lost date, unauthorized access to the customers records or files, errors, defects,
viruses, delays in operation or transmissions or any other failure of performance.
2.8 “The Broadband Services” provided by Rural Broadband 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 Rural Broadband before deciding whether the
use of the Rural Broadband service or the use of VOIP telephones, security systems,
health monitoring systems or other systems requiring permanent, always-on
connections is appropriate.
2.9 Rural Broadband does not guarantee Internet network performance. Rural
Broadband provides an Internet access service, and most conditions (including
congestion and contention) on the internet are completely outside the control of Rural
Broadband.
2.10 Rural Broadband 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 Rural Broadband website
www.ruralbroadband.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.ruralbroadband.ie/chargesand
fees and www.ruralbroadband.ie/fieldservicecharges
3.2 We will send you your bill shortly after we begin providing “the Broadband Services.”
We will send you a further bill every month, but we may send you a bill at any time. We
will send bills to the address on your registration details or any other address you ask us
to. We also reserve the right to issue bills by e-mailing these bills to you every month
(although we reserve the right to send you a bill by e-mail at any time).
3.3 During the registration process, we will ask you to complete/provide a payment by
credit card or completion of a standing order mandate to enable us to connect
payments from your account, and for any additional services that we may provide to
you. If you seek to discharge your account in a manner other than by way of automated
bank standing order mandate, or automated bank direct debit mandate (e.g. cheque,
cash, credit card or via PayPal), we reserve the right to levy an additional administration
charge as detailed on our schedule of Charges and fees available on
www.ruralbroadband.ie/chargesandfees Credit accounts are not available, and cash or
cheque payments are only accepted annually in advance (Prepayment).
3.4 You must pay all charges and rentals in accordance with your bank or credit card
authority, or if, for some reason, your bank or credit card payment fails, in accordance
with the time for payment which is detailed in clause 3.5.1, .2, .3, .4, .5, and .6, in this
agreement. You must pay all deposits when we ask for them.
3.5 Payments are due in advance, on or about the 1st day of each month. Accounts are
considered active until cancelled in writing by the Customer, provided the Initial Term
has been fulfilled under the terms of clause 13.4 (18 months minimum contract period).
Unused time in any month is non-refundable. Unpaid accounts in default may be subject
to a late payment charge of €22.50 and an interest charge of 1.5% per month on the
outstanding balance. If your account is referred to a collection agent the customer
agrees to pay any collection costs incurred, including any reasonable legal fees, and
court costs.
3.6 Should it arise that a Customer’s service is disconnected by Rural Broadband
following a payment failure, or non-payment, a reconnection charge of €50 (inclusive of
vat) shall be levied and must be paid by the Customer prior to reconnection by Rural
Broadband).
3.7 Dependent upon the outcome of the initial credit check with Rural Broadband carried
out on the customer who is submitting this Rural Broadband Service Level Agreement, it
is agreed that Rural Broadband 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 Rural Broadband service being offered or provided to the Customer.
Credit account facilities (post pay) are not available from Rural Broadband.
3.8 Failure to pay.
3.8.1 If your electronic payment is rejected, or becomes, or is, invalid or unavailable,
thereby preventing us from recovering the sums due under your account within 4 days
following the due date for payment, we reserve the right immediately to withdraw your
access to “the Broadband Services.” You will also be charged an administration fee as
detailed in our schedule of Charges and fees at www.ruralbroadband.ie/chargesandfees
3.8.2 In these circumstances, you will be sent a letter giving you 10 days in which to
arrange for your account to be discharged in full.
3.8.3 If, in response to our letter, you provide us with your valid payment details so as to
enable us to collect the sums due on your account, we will re-apply for payment. If your
proposed electronic payment method is still rejected, invalid or unavailable, or if your
account remains outstanding for any other reason, 18 days after the original due date
for payment, then (i) you will be charged a further administration fee (as detailed in our
schedule of Charges and fees at www.ruralbroadband.ie/chargesandfees) together with
a fee for the submission of a further warning letter (again as detailed in our website
www.ruralbroadband.ie/chargesandfees), and (ii) a letter will be sent to you requesting
the discharge of your account in full, and/or for appropriate arrangements to be made
with us for your account to be discharged, which must be effected within 7 days from
the date of this letter, failing which we reserve the right to refer your outstanding
account to Rural Broadband credit control department for collection and/or litigation.
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 agreement remains unpaid for a period of 32 days after the original due
date for payment, your service will then be terminated, and your account will be referred
to Rural Broadband’s credit control department for it to take the appropriate action to
collect the outstanding sums.
3.8.6 If we are required to instruct our solicitors or other professional advisers to collect
any outstanding sums on your account, you will be responsible for, and we will look to
you to discharge those costs that are incurred by us in taking such action. Compound
interest will be changed on all overdue accounts at the rate of 1.5% per month.
3.9 You must ensure that the account holder’s name is the same as the name on the
payment details that are provided.
3.10 If you currently receive a broadband service from an alternative supplier you are
responsible for any contractual agreement you have with them and any liabilities you
may incur for terminating your current agreement.
3.11 If you change address, you may transfer “the Broadband Services” to your new
address on payment of the Moving Fee in advance, as detailed in our service callout
changes & fees schedule at www.ruralbroadband.ie/fieldservicecharges You are still
subject to the terms of clause 13.5 in the event that we are unable to provide you with
“the Broadband Services” at the location of your new address.
4 Equipment
4.1 The Customer, will ensure that any equipment that you attach (directly or indirectly)
to “the Broadband Services” is technically compatible with “the Broadband Services”
and that its use does not breach any relevant legislation or telecommunications industry
standards.
4.2 The Equipment is, and shall remain the property of Rural Broadband 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 Rural Broadband
and The Customer agrees to provide Rural Broadband access to the customer promises
and permission to recover said equipment on demand without delay, obstruction or
interference.
4.3 During the installation certain cabling, mounts, poles and fixings may be used to
complete the installation. These become the property and responsibility of the
Customer once installation has been completed, and the Rural Broadband Installation or
Service acceptance form has been signed by the Customer, and it is the Customer’s
responsibility to ensure they are maintained in operational and safe condition.
4.4 The Customer agrees to use the equipment in accordance with Rural Broadband’s
instruction and to restrict access to the equipment to only those representatives and
agents authorized by Rural Broadband. The Customer agrees to take reasonable steps
to protect the equipment from damage, loss or theft, and should insure same to a
replacement value of €600.
4.5 If Rural Broadband 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 Rural Broadband of up to €600 plus applicable
taxes.
4.6 The Customer agrees to notify Rural Broadband 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 Rural Broadband to Ruralbroadband@gmail.com or by
writing by letter to the Rural Broadband registered address.
4.7 The Customer agrees not to, nor allow any other party to move, dispose of, modify,
or adjust the equipment, nor allow liens to be placed on the equipment.
4.8. The External receiving equipment / Dish is not to be touched or removed unless agreed upon with Voip and Internet Ltd. If our external dish / equipment is removed and damaged, the customer is responsible for the repairs and / or replacement cost. The minimum cost being €235+vat . If a customer removes our equipment without authorization, this fee will apply .
4.9 All Fiber broadband equipment, including the wireless router, that is provided Free, remains the property of Ruralbroadband.ie and must be returned.
5 Your Use of “the Broadband Services”
5.1 These Broadband Services are provided solely for your use and you cannot resell or
attempt to resell “the Broadband Services” (or any part of it) to any third party. In
addition, if you have a mail server, you must not allow relay emails from outside your
domain from your mail server.
5.2 We do not warrant or guarantee the accuracy or completeness of an of the
information, sound, software and any other materials (in whatever form) and services
made available to you as part of “the Broadband Services” (the “Content”) or any further
information or results which may be derived from it. You acknowledge that you will not
rely on any Content in making any business or other decision and that your use of the
Content is at your sole risk.
5.3 Please note that there may be additional conditions (either ours or those of a third
party) displayed on line relating to particular Content. These conditions will also form
part of this Agreement should you access such Content.
5.4 You are entirely responsible for evaluating any goods or services offered by third
parties via “the Broadband Services” or on the Internet. We will not be a party to or in
any way be held responsible to you for any transaction between you and third parties.
5.5 You must not use “the Broadband Services:”
5.5.1 in a way that breaches any legislation or any license applicable to you or that is in
any way unlawful or fraudulent; or
5.5.2 to deliver, knowingly receive, upload, download, use or re-use any information or
material which is abusive, defamatory, obscene or menacing, or in breach of any
copyright, privacy or any other rights; or
5.5.3 to send or procure the sending of any unsolicited advertising or promotional
material; or
5.5.4 in a way that does not comply with our specific instructions.
5.6 You will fully indemnify us against any actual or potential claims or legal
proceedings against us by a third party because of your use of “the Broadband Services”
in breach of the provisions of this Clause 5. We shall notify you of any such claims or
proceedings and inform you regularly as to the progress of such claims or proceedings.
5.7 Customers paying for a residential tariff service will not host any type of Server
and/or allow other users to access a Server via the Rural Broadband 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 Rural Broadband’s behalf producing a valid identity card, with access
to the location at your premises where the Rural Broadband Wireless Broadband
Receiver antenna and associated equipment has been installed. We will normally only
require access during normal working hours but may require you to provide access at
other times, on reasonable notice.
6.2 Our employees and agents will observe your reasonable premises regulations, as
previously notified to us in writing. You will provide a suitable and safe working
environment for our employees and or those of any third parties who assist us in
providing “the Broadband Services” to you.
6.3 You will use your reasonable endeavours to provide personnel, resources and any
other information as we reasonably require, to assist us in the provision of “the
Broadband Services” to you.
6.4 Impersonating another user or otherwise falsifying one’s user name in e-mail or any
post to any newsgroup, boards or mailing list is strictly prohibited.
6.5 Impersonating another user or 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.”
7.4 You accept and acknowledge that “the Broadband Services,” as other Internet
applications, is not secure and we do not guarantee the prevention or detection of any
unauthorized attempts to access “the Broadband Services.”
8 Personal Data
8.1 Rural Broadband may contact you before, during and after the term of this
Agreement in order to administer, evaluate, develop and maintain “the Broadband
Services.” Please note that we may record your telephone calls to us and we will keep a
record of personal information you provide to us in connection with “the Broadband
Services.”
8.2 Rural Broadband will comply with our obligations contained in the General Data
Protection Regulation Rules of 25th May 2018 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 date in connection with our
performance of our obligations under this Agreement.
8.3 By registering for “the Broadband Services” you consent to our using and/or
disclosing your personal information for the following purposes:
8.3.1 while processing and or evaluating the credit worthiness of your application which
may involve credit checking by a licensed credit reference agency who may record that
a credit check has been made and disclosing certain personal and account details to a
bank for the purposes of setting up a direct debit account.
8.3.2 providing or arranging for third parties to provide Customer Care/Help Desk
facilities and billing you for “the Broadband Services” (which may involve disclosing
your information to third parties solely for those purposes); and
8.3.3 to selected third parties for the purposes of providing and operating “the
Broadband Services” and installing Equipment.
9 Intellectual Property Rights
9.1 If you warrant that you are the owner of, or that you are authorized by the owner of,
any trade mark or name that you wish to use as your registered Domain Names
(“Domain Names”) and use as part of your uniform resource locator (“URL”), you will be
asked for documentary proof of entitlement to the URL.
9.2 If we undertake Domain Names and URL registration on behalf of you, you will
reimburse us for any registration fees paid by Rural Broadband to the Internet
registration authorities. We do not guarantee that any Domain Names or URL requested
by you will be available.
9.3 We may require you to select replacement Domain Names or URL and may either
refuse to provide or may suspend “the Broadband Services” if we reasonably believe
that the Domain Names or URL is, or is likely to be, offensive, abusive, defamatory or
obscene or in breach of the provisions of Clause 5.7
9.4 Any patents, design rights, know-how, copyrights, trade-marks, the right to use
software and all other similar proprietary rights (whether registered or unregistered)
worldwide (“Intellectual Property Rights”) relating to “the Broadband Services” or arising
during the development of “the Broadband Services,” belong to us or to a relevant third
party.
9.5 The content is protected by copyright, trademark and other Intellectual Property
Rights, as applicable. You must not and must not permit anyone else to copy, store,
modify, distribute externally, broadcast or publish any part of the Content, and the
Content may only be used for your own purposes.
10 Software
10.1 Where we provide software to you to enable you to use “the Broadband Services”
(“Software”), we grant you a non-exclusive, non-transferrable 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 modification 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 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 on 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 contact, tort, negligence or
otherwise arising out of or in connection with this Agreement shall for any one incident
of series of related incidents be limited to the annual fees paid by you to us in the year in
which the liability first arose.
12.4 We are under no obligation to edit, review or modify Customer Information or
Third-Party Content. However, we reserve the right to remove any Customer Information
or Third-Party Information without notice. For the avoidance of doubt, we do not
pro-actively monitor messages that you may post on our managed sites, but we reserve
the right to remove such messages 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 and “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 Rural Broadband, nor its subcontractors will be liable for any loss of data
or damage to hardware that occurs during installation of or any service performed on
your computer in support of Rural Broadband broadband service. You agree that it is
your responsibility to completely back all data which may be resident in your computer
prior to installation. You further agree that Rural Broadband and /or its subcontractors
are not responsible for any problems with your computer following the installation or
any subsequent service performed on your computer in support of the Rural Broadband
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 Rural Broadband’s or its
subcontractors negligence, will be limited to fees which you have paid to Rural
Broadband and will be limited to fees paid to Rural Broadband up to the time the
damage is discovered and notified to Rural Broadband.
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 Rural Broadband nor its affiliates warrant that Broadband
Services will be accessible or Broadband Services if free of viruses or other harmful
components.
12.7.4 Rural Broadband, 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 results 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 if 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 Rural Broadband, 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 authorized user of your
account, including the placement or transmission of any message, information,
software or other materials on the Internet. These limitations on liability and
indemnification provisions inure to the benefit of and apply to: (1) Rural Broadband’s
parent, subsidiary and affiliated companies; (2) any successor to Rural Broadband’s
business by way of merger, purchase of assets, or operation of law; and (3) any
subcontractors performing work on behalf of Rural Broadband.
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;
13.2.2 you fail to pay any charges for “the Broadband Services”; or
13.2.3 any credit card or standing order details submitted by you for payment are found
not to be or cease to be valid; or
13.2.4 if you use “the Broadband Services” in contravention of any of Clauses 5, 7 and 9;
or
13.2.5 our contract with any third party who assists us in providing “the Broadband
Services” to you is terminated; or
13.2.6 we become aware of any breach of third party Intellectual Property Rights caused
by the Customer Information or the Third-Party Content. If we suspend “the Broadband
Services” in accordance with this Clause.
13.2 we may, at any time following such suspension (and if the circumstance in
Cluase13.2 remains) immediately terminate this agreement.
13.3 You have the right to cancel this agreement by giving notice in writing to Rural
Broadband within 14 days from the date of your accepting of this agreement (by
requesting that we connect your home/property). If at that time you have already been
supplied with, or the associated equipment has been installed, you will not be entitled
for a refund of the value of the installation fee, in respect of the labour and materials
costs which have already been incurred or expended while carrying out the installation
on your behalf. If you have already been provided with a Router or modem you must
either pay for the Router or modem or return such Router or modem to us (at our
request) in the prepaid postage package we send you and we will refund you for any
payment received from you for such Router or modem if returned in perfect working
order.
13.4 You may terminate this Agreement on giving at least 30 days written notice to
Rural Broadband, such as written notice to be effective no earlier than the end of the
Initial Term (which is for the first 18 months period from the Commencement Date). You
must pay all Fees for “the Broadband Services” until the date on which the termination
notice expires. The termination notice will only be deemed to be valid if all fees for
which you are liable including the termination fee which is the value of the fees which
would be due until the end of the Initial Term (which is the first 18-month period from
the Commencement Date) have been fully paid by Rural Broadband.
After the initial 18-month contract period, your contract will change automatically to a
3-calendar-month rolling contract.
All contracts are subject to a 3-calendar-month Notice of Termination after the initial contract
ends including after the 14-day “cooling off period”. All terminations must be made in
writing by post or by email.
13.5 You may not terminate this Agreement within the period of the Initial Term (which
is the first 18 months period from the Commencement Date). Even if you move to a new
address to which it is not possible to provide “the Broadband Services” on production of
proof of your changed address.
13.6 Either party may terminate this Agreement immediately, on notice, if the other
commits a material breach of this Agreement and fails to remedy the breach within 28
days of a written notice to do so. If you have been the part who is responsible for
material breach of this agreement you will be immediately liable to pay Rural Broadband
a termination fee which is the value of the fees which would be due until the end of the
Initial Tern (which is the first 18-month period from the Commencement Date).
13.7 Upon termination or expiration of this Agreement registration to any of our services
or those of third parties provided in the course of and/or for the purposes of “the
Broadband Services” will cease at such time as the provision of “the Broadband
Services” ends.
13.8 If the Customer is dissatisfied with “the Broadband Services” or any related terms,
conditions, rules, policies, guidelines or practices, the Customer’s sole remedy is to
discontinue using “the Broadband Services,” cancel the account, notify Rural Broadband
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 Ruralbroadband@gmail.com or by letter to Rural Broadband,
Anglesea House, Anglesea Street, Clonmel, Co. Tipperary 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 Rural Broadband will be acknowledged in
writing by Rural Broadband accounts department to the customer within 30 days. In the
event that Rural Broadband accounts department fails to issue a confirmation of
termination notice in writing within 30 days, it is imperative that the customer makes
contact with Rural Broadband accounts department and brings the termination notice to
their attention. This is to ensure that Rural Broadband 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 Rural Broadband 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 Installation.
15.1 You hereby authorize Rural Broadband and/or its authorized contractors to install,
a Wireless Broadband antenna and associated transceiver, router or modem, software,
wiring and any other equipment as necessary at your premises in order to provide Rural
Broadband Wireless Broadband service.
Where we offer free installation and free equipment, the charge of the installation will need to be paid in the event of the contract being canceled within the 14 day period. This only applies if the customer / homeowner made the appointment directly. There is no charge for equipment if returned safely within the 14-day period.
15.2 Any custom installation work that you request, including additional equipment i.e.
poles, transceiver and cabling may require an additional charge, including placing cable
under carpet, through cabinets, through interior walls, through loft and or attic space or
inside moulding. The additional charge or rates of charge for such additional work will
be quoted to you in advance of any such works being completed.
15.3 Rural Broadband will not be liable for any alterations to the Premises that result
from the installation or removal of the Equipment, including, but not limited to, holes in
walls, cable wiring or antenna mounting brackets.
15.4 You warrant that you are at least 18 years of age and that you own the Premises or
have received written permission from the owner to make any changes to the Premises
which may be needed to install the Equipment and receive “the Broadband Services.”
Additionally, it is your obligation to confirm that the placement of the Wireless
Broadband antenna and associated transceiver on the Premises is not in violation of
any covenants, conditions or restrictions.
15.5 You agree to allow Rural Broadband’s staff or its subcontractor’s staff access to
your Premises to perform installation, repair or maintenance services in support of “the
Broadband Services.”
15.6 You agree to allow, and not hinder in any way Rural Broadband staff or its
subcontractor’s staff access to your Premises to remove the Wireless Broadband
antenna and associated transceiver which remains the property of Rural Broadband,
when this contract has been terminated. Failure to adhere to this clause will result in
your liability to pay to Rural Broadband the full cost of the Wireless Broadband antenna
and associated transceiver equipment.
15.7 Rural Broadband 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 process and tariffs on the Rural Broadband
website at www.ruralbroadband.ie/packages and/or at the discretion of Rural
Broadband, by Notification via your preferred email account.
15.8 Notice to you of any revisions or modifications to the Terms and Conditions
Service Level Agreement will consist of updating the terms and conditions on the Rural
Broadband website at www.ruralbroadband.ie and/or at Rural Broadband’s discretion by
Notification via your preferred email account.
16 General Provisions
16.1 We may change the provisions of this Agreement (including the charges) at any
time, provided that we will give you notice of the changes at least 14 days before the
change is to take effect at which time you may terminate this Agreement if the change
materially affects “the Broadband Services” subject to you having fulfilled your
obligations under the clause 1.1 of this agreement (18 months minimum contract
period).
16.2 This Agreement represents the entire understanding between the parties in relation
to its subject matter and supersedes all agreement sand 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 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
form that Act.
16.5 Notices given under this Agreement must be in writing and may be delivered by
hand, courier or class post, or email to the following addresses:
(a) to us at the relevant address provided during the registration process for Rural
Broadband or any alternative address which Rural Broadband notifies to you;
(b) to you at the relevant postal or email address provided as part of the details which
you submit to us during the registration process (the details written in the Customer
Account Details panel overleaf) or any alternative address that you provide in writing to
Rural Broadband 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
Rural Broadband may assign or transfer its rights and/or obligations to any Affiliate
from time to time without the prior consent of the Supplier.
16.7 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.ruralbroadband.ie/complaintprocedures 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 Refunds
16.10.1 Customer’s seeking a refund for any reason must submit a request for a refund
in writing to Rural Broadband accounts department at info@tippbroadband.ie or by post
to the company registered address 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 Rural
Broadband, in respect of service periods for which customers have failed to serve Rural
Broadband with a written termination notice which has been acknowledged by Rural
Broadband in writing or for all customers who have completed the minimum “term”
period.
16.10.4 for customers who have issued a termination notice in writing which has been
confirmed by Rural Broadband in writing and who fail to make arrangements with their
bank to cease the ongoing monthly “bank standing order” payments to Rural Broadband
an administration and handling fee of 10% of the refund value will be charged &
deducted from any refund issued to the customer.
17 Service and repairs
17.1 Rural Broadband will be obligated to maintain and carry out all necessary repairs to
the Wireless Broadband antenna and associated transceiver equipment which will be
installed and held within the customer’s property and boundaries. However, this
maintenance and repair excludes any damage resulting from abuse or negligence on
behalf of the Customer or The Customers servants or agents as determined solely by
Rural Broadband.
17.2 Any maintenance or repair work needed to any equipment not provided by Rural
Broadband including, but not exclusive to, PC’s, laptops and routers, may incur a charge.
The schedule of these can be accessed via our website at
www.ruralbroadband.ie/fieldservicecharges
17.3 Where a service call is requested by the Customer and it transpires that there was
no fault with the Rural Broadband system, Rural Broadband equipment or the Rural
Broadband Broadband Internet Service, “the Broadband Services,” a service call charge
will be levied to cover the cost of an engineer visiting the Customer site. The appropriate
charge may be found on our website in the schedule of “Service charge & callout
charges” at www.ruralbroadband.ie/fieldservicecharges
18 Internet access
18.1 you hereby agree to abide by Rural Broadband’s Acceptable Use Policy. This can be
accessed via our website at www.ruralbroadband.ie/acceptableuse and is hereby
incorporated by reference.
18.2 You access the materials on the Internet at your own risk.
18.3 Rural Broadband may deny you access to all or part of “the Broadband Services”
without notice if you breach this Agreement, including but not limited to, Rural
Broadband’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 Rural Broadband’s sole judgement, an unusually
large burden on the network itself. You must comply with the then current bandwidth,
data storage and other limitations on “the Broadband Services.” If Rural Broadband
determines that you are exceeding bandwidth limits, you may be notified by email or
letter and given 15 days to bring your usage within appropriate limits. We reserve the
right to place restrictions on your available bandwidth and available download capacity
until you moderate your download behaviour. If excessive use continues after the 15-day
period, Rural Broadband may take any action it deems necessary, including, but not
limited to, terminating “the Broadband Services” to other customers. Rural Broadband
will notify you of any such action vial mail or email. In the event that it becomes
necessary to activate this clause, you will still remain liable to pay the ongoing monthly
service charges until the end of the Initial Term despite being prevented from having
access to “the Broadband Services” by virtue of your new location (which is the 18
months minimum contract period).
18.5 Rural Broadband will assign to you (if requested) a Rural Broadband-owned Internet
Protocol address (“IP Address”) which is the exclusive property of Rural Broadband and
is not portable. Rural Broadband may change the IP Address at any time without liability
and without prior notice to you. Rural Broadband will use reasonable efforts to avoid any
disruption to you by notifying you via email before changing your IP Address.
18.6 Rural Broadband’s network gathers information about Internet usage such as the
sites visited, session lengths bit rates, and number of messages and bytes passed.
Rural Broadband uses this information in the aggregate. Rural Broadband may share
this aggregated information with other parties from time to time. Rural Broadband
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. Rural Broadband will not use or disclose any
personally identifiable information regarding Internet usage unless compelled by a court
order of subpoena; you consent to the use or disclosure, or to protect Rural Broadband’s
broadband services and facilities.
19 CUSTOMER ACKNOWLEDGEMENTS REGARDING “THE BROADBAND SERVICES”
19.1 “the Broadband Services” consists of a fixed wireless internet connection. While
Rural Broadband will undertake all reasonable commercial efforts to deliver the stated
service the Customer acknowledges that “the Broadband Services” may contain
material that is unsuitable for minors and the Customer acknowledges that Rural
Broadband does not and cannot filter the content.
19.2 Rural Broadband’s VOIP Voice Telephone Service is provided using packet data
technology and is powered by a standard electrical connection. If the Customer’s
electrical connection fails, then the voice service will be disrupted or unavailable.
19.3 Access to emergency services (112 or 999 calls) is provided on a “best effort”
basis and is reliant on an electrical supply to the Customer equipment and availability of
the network. The base component of “the Broadband Services” is the provision of
Internet Access and availability of the network. The base component of “the Broadband
Services” is the provision of Internet Access and “the Broadband Services” may include
additional components such as Voice over IP Telephony or other services. In a small
number of situations, the provision of Voice service may not be feasible or available,
even where internet access is provided. In such cases “the Broadband Services” is
deemed to have been provided and stated charges are applicable without discount.
19.4 In circumstances where either the Internet Access service or the overlaid voice
telephony service is unavailable for a period of 30 days or more from the date of
notification to Rural Broadband, the Customer may terminate this agreement without
penalty and with refund of any fees paid in respect of only the 30-day period.
19.5 The Customer acknowledges that in order to provide “the Broadband Services”
Rural Broadband has contracted with communications and network operators for
internet and voice telephony services. The Customer further acknowledges that Rural
Broadband will only provide uninterrupted continuous service to the Customer pursuant
to this agreement to the extent which Rural Broadband receives such service from
linked communications and network operators.
19.6 The Customer acknowledges that while “the Broadband Services” operates using
licensed and unlicensed radio spectrum, it may in rare cases experience interference to
the signal. Rural Broadband will make all reasonable commercial efforts to liaise with
other operators to minimize any interference received by the Rural Broadband
broadband internet antenna and transceiver located at the Customer’s premises.
However, such interference if present may have an impact upon the availability and
quality of service received. Similarly, Rural Broadband is obliged to reserve the right to
terminate service to the Customer where interference is caused by other systems. The
Customer may terminate this agreement where Rural Broadband cannot rectify or
eliminate related issues within 60 days of written notification to Rural Broadband of said
issues.
19.7 The Customer accepts that Rural Broadband may change or withdraw any element
of “the Broadband Services” from time to time and will use reasonable efforts to notify
the Customer of any necessary change in services.
19.8 The Customer acknowledges that “the Broadband Services” is an “always on”
connection to the internet while the equipment is powered on, and that it is the
Customers SOLE RESPONSIBILITY to install, configure and maintain suitable security
measures to protect the Customer’s computer and associated equipment from
unauthorized or malicious access from the internet. Rural Broadband accepts no liability
for the security of the Customer’s systems.
19.9 The Customer acknowledges that their use of “the Broadband Services” shall be
deemed to be an acceptance by the Customer of this agreement.
20 Law
This Agreement will be governed by and construed and interpreted in accordance with
the law of the Republic of Ireland.
