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Older Fixed Line and Broadband Terms


Vodafone Landline and Fixed Broadband Services

Validity: Pre 13th June 2011


A. Standard Terms and Conditions

The following standard terms and conditions shall apply to all Vodafone landline and fixed broadband services and including but not limited to Vodafone At Home and Vodafone Office - Single Line

Definitions

  • Access Provider - means the company which provides the Customer's telephone line(s) and associated telephone number(s), from which Vodafone rents such line(s) and number(s);
  • Charges - means all charges for specific services (ie Fixed Line and Fixed Broadband Charges) as set out in the Service specific terms and conditions;
  • Commencement Date - means the date when Vodafone accepts the Customer Application and connects the Customer to the Network for either Fixed Line or Fixed Broadband Service, whichever is the earlier. Vodafone will communicate an estimated Commencement Date to you in advance but this date is not guaranteed;
  • COMREG - means the Commission for Communications Regulation which is the national?regulatory authority for the electronic communications market in Ireland;
  • Cooling-Off Period - has the meaning set out in clause 3.1;
  • Customer - means, depending on the specific Service, the person(s) using the Service whose details are provided in the Customer Application for the Service or who being an organisation enters into this Agreement by virtue of the completion and signing of the Customer Application by an authorised signatory of the organisation;
  • Customer Application - means the Customer’s application for the Services. The form, content and medium of the Customer Application (in writing, on-line or via other means) shall be as specified by Vodafone from time to time;
  • Customer Authorisation - means the process completed by the Customer to approve the provision of the Service and which contains information as Vodafone may reasonably specify. The form, content and medium of the authorisation process (in writing, on-line or via other means including Third Party Verification (“TPV”) ) shall be as specified by Vodafone from time to time;
  • Data Protection Legislation - means the Data Protection Acts 1988 and 2003 and any amendment, replacement or supplement thereto, from time to time;
  • Equipment - means any Vodafone or Third Party Equipment as required for the supply and use of the Services;
  • Fair Usage Policy - means the fair usage policy for Vodafone fixed line and broadband services;
  • Fixed - the word fixed when used in conjunction with a service means services which are associated with a specified address or location;
  • Minimum Term - means the term as set out in the Service specific terms and conditions commencing on the Commencement Date unless otherwise agreed between the parties;
  • Network - means the telecommunications system used by Vodafone for the provision of the?Service pursuant to its General Authorisation granted under Regulation 8 of the European?Communities (Electronic Communications Networks and Services) Regulations, 2003;
  • Services - means the services to be provided by Vodafone under this Agreement;
  • Tariff Sheet - means the Vodafone landline and broadband pricing guide as may be amended by Vodafone from time to time in accordance with the Standard Terms and Conditions and which is available at www.vodafone.ie; ?
  • Third Party Equipment - means any equipment of a third party which is supplied by Vodafone as part of a specific Service as set out in the Service specific terms and conditions;
  • Third Party Service - means any service promoted or provided by third parties to the Customer over the Network;
  • Termination Charges - means the termination charges applicable to each of the Services as set out in the Service specific terms and conditions (i.e. Fixed Line Termination Charges, Fixed Broadband Termination Charges).
  • Vodafone or we or us - means Vodafone Ireland Limited, MountainView, Leopardstown, Dublin 18 being the provider of the Service under the Agreement;
  • Vodafone Agent - means any third party authorised to promote and sell Services or carry out business activities on Vodafone’s behalf;
  • Vodafone Equipment - means any equipment of Vodafone required and used by the Customer as part of the supply of the Services from Vodafone to the Customer under this Agreement.

1. General

  1. These Terms and Conditions together with the application form and the terms and conditions of any applicable Service options, tariff plans or promotions constitute a legally binding agreement (the "Agreement") between Vodafone and the Customer. Use by the Customer or by another person (whether or not such a person is acting with the authority of the Customer) of any Fixed telecommunications service provided by Vodafone, shall be deemed to constitute an acceptance of this Agreement.
  2. This Agreement shall commence and the Customer shall be deemed to have accepted that he/she is bound by, and has agreed to comply with, the terms of this Agreement (as defined above) on the Commencement Date, or on the date of expiry of the Cooling-Off Period, whichever is the earlier and, subject to termination in accordance with these Terms and Conditions, shall continue for the Minimum Term of the applicable Service and thereafter shall continue on a month by month basis until terminated in accordance with these Terms and Conditions. Please note that various related Vodafone products and services including Add Ons and Third Party Services may be subject to additional terms and conditions which you are advised to read. Vodafone reserves the right to refuse to accept any Customer application.
  3. Vodafone may vary or change the Agreement for any commercial, technical or operational reason and any material changes shall be notified to the Customer in advance. Please note that Vodafone Agents are not authorised to amend this Agreement or to agree any provision which is inconsistent herewith.
  4. This Agreement is personal to the Customer. The Customer shall not, except with Vodafone’s written consent or in accordance with Vodafone’s standard transfer procedures, assign or otherwise transfer the Agreement in whole or in part.
  5. Connection to the Network shall be conditional on:-
    1. the Customer having and maintaining a credit rating satisfactory to Vodafone and providing Vodafone with such financial security as it reasonably requires;
    2. the Customer providing valid proof of identity/address and such evidence of residency in Ireland as Vodafone may require;
    3. the Customer being over eighteen (18) years of age (if personal application);
    4. truthful and accurate completion of the application form by the Customer and the provision of such other information as Vodafone may for any valid reason request.
  6. Any waiver, concession or extra time permitted by Vodafone is limited to the specific circumstances in which it is given and does not affect the rights of Vodafone under this Agreement in any other way. This Agreement is governed and construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the Courts of Ireland. Any reference to any legislative act or provision shall, unless the context otherwise requires, be considered as a reference to such act or provision as amended, re-enacted or replaced.
  7. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision(s) in question shall not be affected thereby.

2. Consumer Statutory Right of Cancellation

  1. If you are a consumer concluding a contract governed by consumer protection legislation relating to cooling off periods, you shall, on written notice to us and subject to returning any Vodafone owned Equipment to us, have the right to terminate the Services without penalty during the relevant cooling off period (currently within fourteen working days) of us accepting your Customer Application (“Cooling Off Period”), subject to you not having explicitly authorised Vodafone to commence delivery of the Service or you not having used the Services.
  2. If the Customer gives Vodafone notice in writing during the Cooling-Off Period that it wishes to (i) disconnect its line; or (ii) transfer to the Access Provider or another operator (in which case it must also notify the Access Provider or other operator during the Cooling-Off Period), the Customer shall be liable for any Charges for usage (including line rental and call charges) actually incurred up to and including the date of disconnection (which shall be no later than 72 hours after receipt of notice of cancellation), or, in the case of transfer to the Access Provider or another operator, up to and including the effective date of such transfer, and for any costs incurred in the return of Vodafone owned Equipment. Vodafone shall refund any remaining Charges which have been paid in advance by the Customer in respect of the Service.

3. Services

  1. In supplying the Services Vodafone will use its reasonable skill and care but cannot guarantee fault free performance. Vodafone does not warrant that the Service will be suitable for specific Customer applications or that the operation of the Service will be uninterrupted or error-free. Vodafone does not warrant that the Service will support or be compatible with any applications or other services which the Customer uses in conjunction with the Services.
  2. The Customer agrees that from time to time it may be necessary for Vodafone to temporarily suspend the Service during periods of repair, essential maintenance or alteration or improvement to Vodafone’s network or otherwise in accordance with the law.
  3. Due to the wide range of causes of faults, many of them outside of Vodafone’s control it is not possible for Vodafone to fix a particular fault in a guaranteed timeframe  however Vodafone will use all reasonable endeavours to repair faults in a timely fashion.
  4. For technical, operational and commercial reasons Vodafone shall be entitled to vary the Service and any aspect thereof at any time. Where practicable, Vodafone shall provide notice of any such change in accordance with the Standard Terms and Conditions.
  5. Vodafone reserves the right, at its discretion and without prejudice to any other provisions of this Agreement, to issue such reasonable instructions concerning the use of a Service as it considers necessary in the interests of safety, quality of the Service, other customers or telecommunications services as a whole.
  6. On the placing of the order for the Service, Vodafone will provide the Customer with a timeline within which it will deliver the Service. This timeline may vary from customer to customer depending on the Services requested and the circumstances affecting the delivery mechanism for the Customer.
  7. Vodafone will use its reasonable efforts to install the Service in accordance with the timeline it agrees with the Customer but such dates are estimates only and Vodafone cannot guarantee that it will meet such dates.
  8. Vodafone does not support or make any assurances as to the quality of the Service supplied through use of Third Party Equipment and shall not be responsible for any loss or damage howsoever arising to Third Party Equipment or the Services as a result.
  9. Vodafone may change its Service delivery methods or platforms from time to time which may require the Customer to change Equipment and/or Equipment settings to continue to avail of the Services. The parties agree that such changes do not constitute changes to the conditions of the Service. Vodafone is not liable for any costs incurred as a result of any changes required to be made by the Customer.
  10. Vodafone may modify the standard settings and/or features of the service to offer additional value to a Customer’s Service or package from time to time. The parties agree that such changes do not constitute changes to the conditions of the Service.

4. Suspension/Barring of the Service

  1. Vodafone may immediately, without notice, temporarily bar, suspend, restrict, and/or disconnect the Customer’s use of the Service (collectively “suspension”) wholly or partially for any valid reason, including without limitation, where:
    1. the Customer fails to pay Vodafone any sums due under this Agreement on the due date specified in an invoice, notwithstanding the issue of any invoices thereafter;
    2. or the Customer fails to pay the Charges or other sums due in accordance with clause 7;
    3. Vodafone reasonably believes that the Customer is unable to comply with payment obligations, represents a credit risk or exceeds any limit on Charges imposed by Vodafone or if Vodafone is unable to contact the Customer following reasonable efforts; or
    4. the Customer fails to observe any term or obligation set out herein (and in particular the customer obligations referred to in Clause 6) or any relevant law. During any period of Service suspension the Customer shall remain liable for all Charges unless Vodafone decides otherwise.
    5. the Customer engages in any activity (or permits any activity) which Vodafone (as it in its sole discretion shall determine) considers (a) to be contrary to existing legislation or regulations applicable to provision of the Service or (b) is or is likely to have an adverse impact on the quality of the Service or the integrity of the Vodafone network.
  2. Vodafone shall use reasonable endeavours to contact the Customer, but shall not be obliged to contact the Customer, prior to any such suspension of the Service.
  3. Vodafone shall be entitled to maintain suspension of the Service under clause 5.1 until any breach is remedied to Vodafone’s satisfaction.
  4. If the Service is suspended in accordance with this Agreement, the Customer will be able to make emergency calls only.
  5. The Customer shall remain liable to pay the Charges throughout any period of suspension of the Service.
  6. Vodafone shall be entitled to charge a reconnection fee as set out in the Tariff Sheet from time to time on reconnection of a Customer following any temporary period of suspension under clause 5.1. Vodafone may suspend the Service from time to time, without liability or notice, for the alteration, improvement or maintenance of the Network or the Services.
  7. Vodafone may suspend the Service from time to time, without liability or notice, for the alteration, improvement or maintenance of the Network or the Services.
  8. Where a Customer’s account is suspended pursuant to this clause 5, any requests for changes to the account (including upgrades/downgrades or cessation) shall not be possible.

5. Customer Use of the Service and Equipment 

  1. The Customer undertakes not to use or permit others to use the Service or the Equipment (including where relevant in any emails, or Customer Information made available on the Internet):
    1. for business purposes to sell on or supply the Service to anyone on a commercial basis;
    2. for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Service;
    3. in any way that may cause degradation of service levels to other customers as determined by Vodafone or in any way jeopardises, impairs, interrupts or interferes with the integrity or security of the Vodafone network or the quality of Service;
    4. to send unsolicited commercial communications or promotional material;
    5. for the communication, transmission, publication, distribution or dissemination of any material which is, may be or is intended to be a hoax or is of a defamatory, offensive, abusive, obscene, indecent or menacing nature or in breach of any intellectual property right;
    6. for the processing of automated or manual “personal data” in contravention of Data Protection Legislation; or
    7. otherwise in any manner which does not comply with the terms of any applicable law, legislation, regulation, direction or any licence or authorisation applicable to the Customer or any instructions given by Vodafone from time to time.
  2. The Customer hereby agrees to avail of the Service subject to the provisions of any legislation, regulations, bye-laws or codes of practice applicable to such use.
  3. The Customer shall ensure that all persons having access to the Service or the Equipment comply with this Agreement.
  4. The Customer shall ensure that all Equipment is maintained and kept in good working order.
  5. The Customer shall comply with all reasonable instructions given to the Customer by Vodafone in relation to the use of the Service.
  6. The Customer agrees to promptly pay all Charges in accordance with clause 7.
  7. The Customer warrants that all information and details provided by the Customer to Vodafone in his/her Customer Application are true and accurate and the Customer shall promptly advise Vodafone immediately in writing or by contacting the Vodafone Customer Care team with any changes to that information (including without limitation, the Customer’s name, address, email address and/or telephone number).
  8. The Customer shall indemnify and hold Vodafone harmless against all liabilities, claims, damages, losses, expenses and proceedings howsoever arising from or in any way connected with the use of the Service and/or the Equipment and/or any breach of this clause 6 by the Customer.

6. Payment

  1. Vodafone’s tariff for the Services are stated in the Tariff Sheet which forms part of this Agreement. Vodafone reserves the right to alter such tariffs from time to time and shall notify Customers of such change in accordance with clause 13 of the Standard Terms and Conditions.
  2. Vodafone shall provide an online bill to the Customer as default for the Service. The Customer agrees to provide a valid email address for the purpose of online billing. If the Customer requests a paper copy of the bill (or is provided with a paper copy because a valid email address was not given for online billing) or requests a hard copy of a previous bill, a fee will be charged as set out in the Tariff Sheet.
  3. All Charges and other payments due to Vodafone shall be paid in full by the Customer by the due date for payment set out in the Vodafone invoice. Where payment of Charges is not made by such due date, Vodafone may apply a once-off late payment fee as set out in the Tariff Sheet. Vodafone reserves the right to contact the Customer directly through the Services, by e-mail, by post or by telephone in relation to overdue payments.
  4. In order to avail of the Service, the Customer agrees that all Charges and payments payable by the Customer under this Agreement shall be paid by Direct Debit (unless otherwise specifically agreed with Vodafone). The Customer hereby authorises Vodafone to debit the Charges and other payments due to Vodafone under this Agreement from the Customer’s bank/credit card account. Vodafone reserves the right to apply a charge as set out in the Tariff Sheet for each occasion a direct debit payment fails provided the failure is not caused by Vodafone.
  5. Prior to taking payment from a Customer’s credit card, Vodafone may first reserve funds on the Customer’s card equal to the total due at that date. Vodafone may also reserve a nominal amount on customer's card in order to validate card details. This amount shall not exceed €0.02 and will not be removed from Customer’s account.
  6. Should the Customer disagree with any charges shown on the Customer’s bill, the Customer must lodge a complaint in accordance with Vodafone’s Code of Practice, prior to the due date for payment. Notwithstanding any complaint, all invoiced amounts shall be paid on the invoice due date pending the outcome of the complaints procedure. If, following the complaints procedure, it is established that the Charges on any invoice are incorrect, Vodafone shall credit any overpayment to the Customer’s account.
  7. Save in the case of manifest error by Vodafone, all charges shall be calculated by reference to the data recorded or logged by Vodafone. Vodafone's determination in respect thereof is final.
  8. Where customer billing is dependent on information received by Vodafone from other networks or operators then the Customer accepts that such information is an accurate record of their use of the services.
  9. Where charges are not applied to the customer invoice for the billing period relating to when they were incurred, notwithstanding any other clause herein, the Customer remains liable for any accrued charges and may, at any time, be billed for charges incurred in a prior billing period.

7. Liability

  1. Vodafone shall use reasonable endeavours to ensure that the Service is available for use by the Customer in accordance with the standards for the time being relating to the Service as set out in Vodafone’s Service literature, but shall not be liable for any delay, failure, interruption, or deterioration therein, howsoever arising.
  2. Vodafone shall make reasonable efforts to prevent unauthorised access to the Service by third parties but shall have no liability to the Customer for any loss or damage caused by unauthorised third party access to Services or the Equipment.
  3. Save as expressly provided herein, Vodafone disclaims all representations, warranties, guarantees, terms or conditions of any kind, whether express or implied, including but not limited to implied undertakings regarding quality of service implied under Section 39 of the Sale of Goods and Supply of Services Act, 1893 and 1980, to the fullest extent permitted by law and the customer agrees that is fair and reasonable.
  4. Under no circumstances shall Vodafone be liable for any loss or damage arising as a result of:
    1. the failure of the service or equipment due to the incompatibility of the service with any equipment not supplied by Vodafone;
    2. the acts and omissions of other telecommunication operators (including the access provider); or
    3. breach in the security or privacy of messages transmitted using the service provided by us unless the breach results from the wilful default of Vodafone or its employees.
  5. Under no circumstances shall Vodafone be liable to the customer or any third party whether under contract, tort, statute or otherwise, for any indirect, economic, special or consequential loss, loss of profits, loss of data or loss of use of data, howsoever arising as a result of the customer’s use of the Service or the Equipment or otherwise in connection with this Agreement.
  6. Without prejudice to the exclusions of liability set out in this clause, Vodafone’ entire aggregate liability to the customer or any third party for any and all claims, howsoever arising out of or in connection with this agreement and whether under contract, tort, statute or otherwise, shall not exceed the lesser of (i) the total charges paid by the customer to Vodafone in the 12 months prior to the date of the last event giving rise to such claim(s) and (ii) €1,000, provided that this shall not operate to exclude any minimum liability imposed by statute.
  7. This Clause 8 shall continue to apply notwithstanding termination of this Agreement for any reason whatsoever or howsoever arising.
  8. Any limitation or exclusion of liability under these terms and conditions shall only be to the extent permitted by law. Nothing in this Agreement shall limit or exclude Vodafone’s liability to the Customer for personal injury or death.

8. Termination

  1. Neither party may terminate the Agreement during any applicable Minimum Term other than as provided herein. Should the Customer terminate the Agreement after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay the Termination Charge set out in the Service specific terms and conditions and the tariff sheet, and authorises Vodafone to debit the Termination Charges from the Customer's bank account.
  2. After the Minimum Term or, if there is no Minimum Term, at any time, either party may terminate this Agreement or any of the specific Services on giving the other thirty (30) days’ written notice in accordance with clause 13.
  3. Vodafone shall be entitled to terminate this Agreement and cease providing the Services forthwith without notice (giving only retrospective notice) if:
    1. the Customer is in material breach of this Agreement (including non-payment of the Charges in accordance with clause 7 and the Code of Practice);
    2. the Customer is in breach of any term of this Agreement and has failed to remedy such breach within 30 days of a notice from Vodafone requiring the Customer to remedy such breach;
    3. the Customer is in breach of clause 6;
    4. the Customer uses the Equipment otherwise than as permitted under this Agreement;
    5. any information supplied by the Customer to Vodafone is false or misleading;
    6. Vodafone is obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organisation or other competent authority;
    7. the Customer is suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service; or
    8. the Customer dies, becomes mentally ill or becomes the subject of bankruptcy or insolvency proceedings in any jurisdiction or has become unable to pay its debts as they fall due.
  4. Vodafone shall be entitled to terminate this Agreement immediately by giving the Customer notice if any event of Force Majeure continues for a period of thirty (30) days or longer.
  5. The termination or suspension of this Agreement or default of the Customer hereunder shall not affect the accrued rights and obligations of the parties under the Agreement. Any terms which expressly, or by implication, are intended to survive termination of the Customer’s Agreement shall continue to bind the parties following such termination.
  6. On termination of the Agreement, all Charges accrued by the Customer together with any Termination Charges shall become immediately due and payable and, following termination, the Customer shall continue to pay the Charges accrued during the term of the Agreement or Minimum Term in accordance with Clause 7 hereof.

9. Force Majeure

Neither party shall be held in breach of its obligations hereunder (except in relation to obligations to make payments) nor be liable to the other party for any loss or damage which may be suffered by the other party due to any cause beyond its reasonable control including, without limitation, failure of the Access Provider’s networks or services, any act of God, failure, interruption of power supplies, flood, drought, lightning or fire, strike, lockout, trade dispute or labour disturbance, acts or omissions of Government, highway authorities or other circumstances beyond the control of the parties (“Force Majeure”).

10. Assignment

  1. Vodafone may freely transfer this Agreement in whole or in part including any debts due under the Agreement without notice and without consent.
  2. This Agreement is personal to the Customer. The Customer shall not, except with Vodafone’s written consent or in accordance with Vodafone’s standard transfer procedures, assign or otherwise transfer the Contract in whole or in part.

11. Waiver

  1. Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right and does not operate so as to bar the exercise or enforcement thereof, or of any such right or any other right on any later occasion.
  2. Any deficiency in the Customer's authority to avail of the Service or to use the Equipment shall not preclude reliance by Vodafone on any of its rights under this Agreement.

12. Notice

  1. Vodafone shall send all notices to the Customer (i) in writing to the Customer's billing address as provided on registration; and/or (ii) on the Customer's bill; and/or (iii) by placing same on the Vodafone website; and/or (iv) via national newspapers.
  2. The Customer shall send all notices to the address that appears on the last written correspondence regarding Vodafone At Home or Vodafone Office services sent by Vodafone to the Customer or such other address as may be prescribed by Vodafone for the purpose.
  3. Notice given by post or via the Vodafone website shall be deemed served 48 hours after posting or on earlier proof of delivery. Notice given by Vodafone in national newspapers shall be deemed served on the date of publication.

13. Use of Information

  1. Vodafone shall process your personal data (as defined in the Data Protection Legislation) in accordance with the Data Protection Legislation.
  2. Customer information obtained by Vodafone through an application for or the use of the Service may be processed by Vodafone for its own business purposes. By entering into this Agreement, the Customer explicitly consents to the use of Customer information for these purposes which include account management, billing, debt collection, credit assessments, market research, customer profiling, product and service development, product and service marketing and customer care, efficient operation of the Service, including disclosure to and retention by the Access Provider in connection with the operation, suspension and/or termination of the Service and for the insertion, change and deletion of the Customer Listing by Vodafone and/or the Access Provider and other legitimate business purposes. The Customer shall be deemed in accepting these terms and conditions to have given consent for the use of his information for such purposes. The use of such information for purposes other than those outlined in this Agreement shall be subject to the Customer's consent as given in its Customer Application and the Customer Authorisation Form.
  3. Personal information will be retained for a reasonable period of time in a secure environment. Please note that Customer calls to Vodafone Customer Care may be recorded for training and quality control purposes. Further information on how Vodafone obtains, holds and uses such Customer information or data is available in our Privacy Policy which forms part of these General Terms and Conditions.
  4. Vodafone will find it necessary to disclose certain Customer information to Vodafone group companies, other licensed telecommunications operators and Vodafone's Agents for the purposes of providing the Service and also to third parties (including credit bureaux and other telecommunications operators) for the purpose of credit referencing, administration, account management, billing, customer profiling, market research, fraud prevention, debt collection, Service and product development, insurance claims processing, porting and other legitimate business purposes. Personal data is not otherwise disclosed to third parties, save where required or permitted by law
  5. Vodafone may use Customer’s contact details from time to time to contact Customer about Vodafone promotions, products or services which may be available to Customer or to send Customer details of such promotions, products or services. The Customer hereby explicitly consents to such contact while the Customer is availing of the Service and for a period of 12 months after the Customer ceases to avail of the Service. Customer may indicate in its Customer Application or contact Vodafone Customer Care at any time that it does not wish to receive such communications.
  6. We do not accept any liability whatsoever for a failure by any operator to whom we provide preference or listing information to comply with any listing or preference request that you make to us or to that operator.

14. Customer Care

  1. Vodafone customer care policy is set out at www.vodafone.ie.
  2. The Customer shall contact Vodafone Customer Care in the event that it wants to alter any aspect of the Service, including, but without limiting the generality of the foregoing, the addition of a telephone line, changes to a telephone line, changes in the Call Management Services and changes in the Customer's premises where the Service is provided.
  3. A copy of Vodafone’s Customer Enquiries Code of Practice for initiating procedures for (a) settlement of disputes with Vodafone or (b) requesting a refund or compensation for failure by Vodafone to meet contracted service quality levels is available at www.vodafone.ie. Vodafone at its sole discretion shall decide on a case by case basis whether a Customer is entitled to a refund or compensation. Vodafone’s decision in this regard is final and no correspondence will be entered into in relation to same save in the manner set out in the Code of Practice
  4. The Customer shall raise any complaints in relation to the Service using the complaints procedure set out in the Code of Practice

15. Miscellaneous

  1. This Agreement (comprising these terms and conditions, the Tariff Sheet and the Customer Application), constitute the entire agreement between the parties in relation to the Service.
  2. In the event of conflict between any of the documents incorporated in this Agreement, the following order of precedence shall apply:
    1. These terms and conditions
    2. The Tariff Sheet
    3. The Customer Application
  3. Vodafone reserves the right to alter any terms of this Agreement for legal, technical, operational or commercial reasons, or to terminate any package or change in its tariffs, on giving thirty (30) days’ notice to the Customer. Notwithstanding any other provision of this Agreement, Vodafone shall give notice for the purposes of this clause in accordance with Clause 13. In the event of any such alteration, the Customer shall have the option to terminate the Service without penalty during the notice period, subject to payment by the Customer of all Charges due to date.
  4. In the event that a customer upgrades/downgrades from one Service as specified on the Application Form to another option, the Charges for the higher/lower option will apply with immediate effect. Vodafone reserves the right to apply a once off charge as set out in the Tariff Sheet in the event a customer downgrades from one Service to another. The customer will be given a new Minimum Term of 12 months (or as otherwise agreed) which will take effect from the date the upgrade/downgrade is applied.
  5. In the event that a customer agrees to avail of a promotional offer, the customer may be subject to a new Minimum Term as agreed between the parties as part of the terms of the offer.
  6. Vodafone reserves the right to offer Customers a new Minimum Term, on expiration of their initial Minimum Term, in respect of the Service provided. In the event the customer agrees to avail of a further Minimum Term the current terms and conditions will apply.
  7. Certain preferential rates or promotions may apply on selected Fixed Services packages subject to certain criteria being fulfilled. In the event, such criteria are no longer fulfilled Vodafone reserves the right to withdraw the preferential rates or promotions.
  8. If any provisions of the Agreement are held to be unenforceable, illegal or void in whole or in part the remaining portions of the Agreement (and the remaining portion of such provisions) shall remain in full force and effect.
  9. This Agreement shall be governed by and construed in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish Courts.

B. Fixed Line Phone Terms and Conditions

The Standard Terms and Conditions shall apply, in addition the following words shall have the following meanings:

Definitions

  • Call Management Services - has the meaning assigned to such term in the Tariff Sheet;
  • Call Management Services Charges - are the charges applicable to the Call Management Services as specified in the Tariff Sheet;
  • Fixed Line Charges - means all charges payable to Vodafone for the Fixed Line Service as specified in the Tariff Sheet and includes, without limitation, the Line Rental Charges, Equipment charges and Call Management Services Charges;
  • Fixed Line Service - means the telephony service requested by the Customer in the Customer Application to be provided at the address specified in the Customer Application. This will include the provision by Vodafone of a single bill to the Customer covering all aspects of voice services, at rates Vodafone determines, where voice services means all telephone lines (PSTN/ISDN), Equipment, calls and Call Management Services, unless otherwise excluded herein;
  • Fixed Line Termination Charges - has the meaning set out in Clause 2.3;
  • Line Rental Charges - means the charges for telephone line rental as specified in the Tariff Sheet;
  • Product Exclusions - means those services which the Access Provider, and not Vodafone, will continue to offer the Customer from time to time, which includes eircom Charge Card, eircom i-stream, High Value CPE, spread payment contracts (for equipment purchase) and eircom discount schemes, as same may be amended from time to time in addition the Service excludes all calls except for calls to emergency numbers 999 and 112, calls to codes 199 and to numbers starting with 13 and 17;
  • Voice Package - means any landline service comprising line rental with or without inclusive free calls.

1. Commencement of Service and Minimum Term

  1. The Fixed Line Service will commence on the Commencement Date and will continue for the Minimum Term and thereafter shall continue on a month to month basis until cancelled, suspended, or terminated in accordance with clause 6.
  2. The Minimum Term for any Voice Package is for a Minimum Term of twelve (12) months from the Commencement Date unless otherwise agreed between the parties, unless the Customer cancels during the Cooling-Off Period in accordance with clause 3.1 of the Standard Terms and Conditions.
  3. If the Customer terminates its Agreement after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the “Fixed Line Termination Charges”) as specified in the Tariff Sheet.

2. Fixed Line Service

  1. This Agreement, in respect of the Fixed Line Service, applies in respect of the provision of the Fixed Line Service for a home phone line. The details of any limits on usage of the Fixed Line Service are set out in the Tariff Sheet and the Fair Usage Policy. The Customer agrees that it is entering into this Agreement for personal use of the Fixed Line Service and is not acting in the course of its business, trade or profession which involves the participation of more than three (3) individuals (or employees) or for the provision of electronic communications services.
  2. Each Customer Application for the Fixed Line Service shall be deemed to be in respect of individual telephone lines and not the Customer's entire telephone account, unless otherwise specified in the Customer Application. The Customer must specify in the Customer Application each individual telephone line in respect of which it wishes to have the Fixed Line Service provided.
  3. The Customer accepts and acknowledges that (i) the Access Provider shall bar access to all carrier selection and carrier access codes on telephone lines that have the Fixed Line Service applied and (ii) override codes are not available for use by the Customer in conjunction with the Fixed Line Service (i.e. a Customer cannot access another operator’s network in making calls through use of a prefix). The Customer accepts that Vodafone shall have no liability for any losses or damages howsoever arising from non-provision of the Fixed Line Service in the event that such restrictions are not accepted by the Customer.
  4. As part of the Fixed Line Service Vodafone performs agency rebilling of the eircom.net Flat Rate Internet Access service. Should the customer wish to discontinue this service the Customer is responsible for terminating the service directly with eircom.net.

3. Vodafone Landline Packages

Vodafone shall provide the tariff package specified by the Customer in the Customer Application. The tariff package shall be subject to the terms and conditions as may be set out in the Tariff Sheet from time to time.

4. Payment

  1. The Customer will receive one bill from Vodafone for all Fixed Line Charges incurred by the Customer in respect of the Fixed Line Service. The Customer will continue to be billed separately by its Access Provider for any Single Billing Product Exclusions.
  2. The Landline Line Rental and any Equipment rental charges shall be paid monthly in advance.
  3. Vodafone's tariffs for the Fixed Line Service are stated in the Tariff Sheet which forms part of the Agreement.

5. Termination/Transfer of Service

  1. Save where a Customer exercises its right of cancellation under clause 3 of the Standard Terms and Conditions, monthly Fixed Line Charges which are required to be paid in advance by the Customer shall not be refunded on termination of this Agreement for any reason.
  2. Neither party may terminate the Agreement during any applicable Minimum Term other than as provided herein. Should the Customer terminate its Agreement after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the “Fixed Line Termination Charge”) as specified in the tariff sheet, and authorises Vodafone to debit the Fixed Line Termination Charge from the Customer's bank account in accordance with clause 7 of the Standard Terms and Conditions.
  3. The Customer must contact the Access Provider or other operator to transfer its line under clauses 3.1 of the Standard Terms and Conditions or clause 6.2 above and termination shall only take effect once any such transfer has occurred. The Customer acknowledges that Vodafone shall continue to provide the Fixed Line Service and the Fixed Line Charges shall continue to apply pending any such transfer.
  4. Vodafone shall be entitled at its sole discretion to effect termination either by disconnecting the Customer or by transferring the Customer back to the Access Provider.
  5. If, on termination, the Fixed Line Service has been suspended in accordance with clause 5 of the Standard Terms and Conditions, Vodafone may continue to bar the Customer’s line following termination until all Fixed Line Charges have been paid up to date by the Customer.
  6. Where the customer has availed of a discount or other promotion relating to the Agreement and terminates within the Minimum Term an amount equal to the value of any such promotion or discount, pro rated to the unexpired portion of the Minimum Term may at Vodafone’s discretion be reckonable for the purposes of calculating the Fixed Line Termination Charge.
  7. Where this Agreement is terminated by the Customer for the purposes of transferring its service to another authorised operator the transfer shall not come into effect until such time as the Customer has paid to Vodafone all charges due and owing, up to the date of termination together with all other charges arising from such termination.
  8. Upon the disconnection of the Fixed Line Services, Vodafone will release to a new service provider the telephone number(s) that you used in connection with the Fixed Line Services if all of the following conditions are met: (1) your account has been properly terminated, (2) your account is completely current, including payment for all Fixed Line Charges and applicable disconnection fees; (3) you request the transfer upon disconnecting your account. However, please be aware that you may not be able to retain your telephone number if you move location.
  9. The Customer acknowledges that Customer has no proprietary rights in the telephone number allocated to Customer. We reserve the right to withdraw this number at any time.
  10. On cancellation or termination of this Agreement, any other agreement between Customer and Vodafone in respect of the same line shall automatically terminate.

C. Vodafone Fixed Broadband Terms and Conditions

The Standard Terms and Conditions shall apply, in addition the following words shall have the following meanings:

Definitions

  • Access Details - shall mean the username and password identity given exclusively to the Customer for the purposes of gaining access to the Network;
  • Authorised User - shall mean anyone registered by the Customer as authorised to use the Service;
  • Broadband Access Server - means a remote access server which is used for the Service;
  • Broadband Package - means any Internet service package as offered by Vodafone set out in the Tariff Sheet from time to time;
  • Connection Charge - means a one off charge for connection to the Fixed Broadband Service as may be set out from time to time in the Tariff Sheet;
  • Customer Access - means the physical network (including the metallic pair) between the Broadband Access Server and a Customer's Site;
  • Customer Equipment - means all computer hardware, software, cabling, apparatus and facilities provided by the Customer.
  • Customer Information - means all content, including any data, information, video, graphics, sound, music, photographs, software and any other materials (in whatever form) transmitted, published, disseminated, distributed or otherwise made available by or on behalf of the Customer, via e-mail, website or otherwise, using the Service;
  • Fixed Broadband Charges - means the Connection Charge and all charges for the Fixed Broadband Service under the Customer’s Broadband Package, as set out in the Tariff Sheet including any flat rate monthly charges and any applicable additional usage charges;
  • Fixed Broadband Service - means the Vodafone residential broadband Internet service to be provided by Vodafone in accordance with the Package selected by the Customer in the Customer Application;
  • Fixed Broadband Termination Charge - has the meaning set out in clause 2.3;
  • Internet Connection - shall mean the Customer's connection with the Network;
  • Internet Standards - shall mean the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any other applicable protocols and standards; ISP - means an Internet Service Provider;
  • Monthly Usage Allowance - means the amount of download and upload allowed for the Fixed Broadband Service at no additional cost to the fixed monthly charges as specified in the Tariff Sheet.
  • Service Availability Area - means the area within 4.5 kilometres from the local telephone exchange, or such other area as may be specified by Vodafone from time to time;
  • Site(s) - means the property (properties) where Vodafone agrees to provide the Fixed Broadband Service;
  • Software - means any software provided by Vodafone to enable the Customer to access or use the Service;

1. Duration of Service and Minimum Term

  1. The Fixed Broadband Service will commence on the Commencement Date and will continue for the Minimum Term and thereafter shall continue on a month to month basis until cancelled, suspended, or terminated in accordance with clause 10.
  2. The Minimum Term for any Broadband Package is for a Minimum Term of twelve (12) months from the Commencement Date unless otherwise agreed between the parties, unless the Customer cancels during the Cooling-Off Period in accordance with clause 3.1 of the Standard Terms and Conditions.
  3. If the Customer terminates its Agreement after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the “Fixed Broadband Termination Charges”) as specified in the Tariff Sheet.

2. Customer Warranties and Pre-Conditions to Provision of the Fixed Broadband Service

  1. On applying for the Fixed Broadband Service, the Customer shall be deemed to have obtained the authority of the person who leases the physical telephone line(s) across which the Fixed Broadband Service is provided.
  2. The Agreement is for the provision of the Service for a landline & fixed broadband Internet connection or a broadband only package.
  3. The provision of the Fixed Broadband Service shall be subject to the following pre-conditions:
    1. the Customer must have an analogue direct exchange line (or other equivalent narrowband access path as may be specified by Vodafone from time to time), which terminates on a master socket forming part of the PSTN network;
    2. the Customer’s landline line must be within the Service Availability Area (which may be extended by Vodafone from time to time by giving notice on its website);
    3. if the Customer has any type of phone monitored home/ business alarm system on their phone line, provision of the Service will be conditional on a splitter being installed on the line and the Customer will need to contact their alarm service provider to ensure that a splitter is installed;
    4. Vodafone must be satisfied, that it is technically feasible to produce a quality service on the Customer’s line in all applicable conditions;
    5. the Customer’s line must pass all pre-qualification testing carried out by Vodafone and/or the Access Provider and the line must be capable of activation for the Service at the exchange; and
    6. the Customer Equipment must meet any minimum requirements specified by Vodafone to the Customer prior to the Commencement Date.
  4. If the Customer has an ISDN line, provision of the Fixed Broadband Service shall be conditional on the Customer getting the line downgraded to an analogue line in accordance with clause 3.3.3 and the Customer will need to contact its provider in this regard.
  5. In the event that the Customer wants to alter any aspect of the Fixed Broadband Service, including, but without limiting the generality of the foregoing, upgrades to a telephone line, the addition of a telephone line, change in call features, changes in the Customer’s premises where service is provided Vodafone will use its reasonable efforts but cannot guarantee to meet such.
  6. If any of the pre-conditions in clause 3.3 above are not satisfied prior to the proposed Commencement Date, Vodafone shall be entitled to terminate the Agreement, without liability, immediately by giving notice to the Customer.
  7. In the event that, for technical reasons, the Fixed Broadband Service cannot be activated on a Customer’s line, notwithstanding that the pre-conditions set out above may be satisfied, Vodafone shall be entitled to terminate the Agreement immediately by giving notice to the Customer and neither Party shall have any liability to the other. The Customer shall not be obliged to pay the Connection Fee in such circumstances.

3. Fixed Broadband Service

  1. The details of each Broadband Package, any limits on data usage (including the Fair Usage Policy) are set out in the Tariff Sheet. The connection speed and Monthly Usage Allowance and the Fair Usage Policy for each Broadband Package are set out in the Tariff Sheet.
  2. The Customer acknowledges that the bit rates in respect of the Fixed Broadband Service as indicated by Vodafone, may be reduced by contention within the Network from time to time and these speeds are not guaranteed. Speeds indicated are line speeds and not data transfer speeds.
  3. Actual broadband speed is subject to distance and line quality. Vodafone will provide the maximum broadband line speed that the Customer’s phone line and modem can support up to the stated speed of the package selected.
  4. The Fixed Broadband Service is a Digital Subscriber Line or “DSL” Service which provides a dedicated digital circuit between a customer premises and a PSTN telephone exchange allowing high speed data transfer over existing twisted copper telephone lines. It is a single user service and as such the Customer will require a modem for connection to the Fixed Broadband Service.
  5. Vodafone shall provide the Customers with Access Details.
  6. Each Customer Application for the Fixed Broadband Service shall be deemed to be in respect of individual telephone lines and not the Customer's entire telephone account, unless otherwise specified in the Customer Application. The Customer must specify in the Customer Application each individual telephone line in respect of which it wishes to have the Fixed Broadband Service applied.

4. Provisioning/Installation of the Service

  1. On the placing of the order for the Fixed Broadband Service, Vodafone will provide the Customer with a timeline within which it will deliver the Fixed Broadband Service. This timeline may vary from customer to customer depending on the Fixed Broadband Services requested and the circumstances affecting the delivery mechanism for the Customer.
  2. Vodafone will use its reasonable efforts to install the Fixed Broadband Service in accordance with the timeline it agrees with the Customer but all dates are estimates only and Vodafone cannot guarantee that it will meet such dates..
  3. During the provisioning of the Fixed Broadband Service the Customer may experience a temporary loss of its analogue direct exchange line service and Vodafone shall not be held liable to the Customer for any losses or damages howsoever arising during such period.

5. Equipment

  1. Any Customer Equipment must be connected and used in accordance with any instructions and any safety or security procedures applicable to the use of such equipment, and must be technically compatible with that Fixed Broadband Service and approved for that purpose under any relevant legislation.
  2. The Customer shall be responsible for use of the Customer Equipment in connection with the Fixed Broadband Service and Customer agrees that access to the Internet is at Customer’s own risk and subject to all applicable laws. Vodafone advises all Customers to install an appropriate Internet security solution on the appropriate Customer Equipment but Vodafone shall have no liability to Customer for any loss or damage arising from installation, use or non-use of such software. Vodafone shall have no liability for any unauthorised access by a third party to the Customer Equipment or the internet or any other loss arising from the Customer’s failure to correctly configure the security settings on the Customer Equipment.
  3. The Customer may use its own modem to access the Fixed Broadband Service in accordance with the Fixed Broadband Modems terms and conditions. .
  4. If the Customer uses Customer Equipment for access to the Service, Vodafone shall in no way support this equipment or make any assurances as to the quality of Service through use of the Customer Equipment and shall be in no way responsible for any damage done to the Customer Equipment or the Service as a result.
  5. If the Customer selects a replacement modem outside of the 12 month warranty period a charge will apply in accordance with the Fixed Broadband Modem terms and conditions.
  6. The Customer shall be responsible for installation of the Equipment provided by Vodafone in accordance with Vodafone’s instructions. Vodafone shall have no obligation to install Equipment.
  7. On termination of the Agreement, or at any time on reasonable request by Vodafone, the Customer shall return any Vodafone owned Equipment received from Vodafone to Vodafone.

6. Customer use of Fixed Broadband Service

  1. The Customer may use the Fixed Broadband Service for consumer, domestic and/or personal purposes or in the course of a trade, business or profession.
  2. Where a Customer avails of a promotional offer, subject to eligibility and availability, the terms and conditions of the respective offer shall apply for the time limit specified.
  3. The Customer shall keep the Access Details secure and confidential and the Customer shall be responsible for any use of the Fixed Broadband Service using the Customer’s Access Details.
  4. The Customer shall ensure that all Equipment and Customer Equipment are maintained and kept in good working order.
  5. The Customer shall comply with and agrees to be bound by all conditions of any licence or instructions under which the Equipment is provided.
  6. The Customer shall ensure that the Customer Information complies with clause 6.1 of the Standard Terms and Conditions.

7. Payment

  1. The Fixed Broadband Charges in respect of each Broadband Package are set out in the Tariff Sheet. All quoted Fixed Broadband Charges shall be inclusive of Value Added Tax unless otherwise stated.
  2. A once off connection charge may apply to the Fixed Broadband Service as may be set out from time to time in the Tariff Sheet .
  3. Vodafone’s first monthly flat rate charge for the Fixed Broadband Service, shall, where applicable, be pro-rated to correspond with the period for which Vodafone will collect payment. This means that the first flat rate charge may be for a partial month in addition to the regular monthly period.
  4. In the event that, in any given month, the Customer exceeds the Monthly Usage Allowance for their chosen Broadband Package, Vodafone shall be entitled to charge the Customer for any additional capacity usage at the rates set out from time to time in the Tariff Sheet.

8. Liability

  1. Vodafone shall not be responsible or liable, directly or indirectly, for any damage or loss (including, without limitation, damage to the Customer Equipment, call charges or loss of data) arising by or in connection with access to or use of the Internet, including, without limitation, loss or damage arising as a result of any bugs, trojan horses, viruses, modem hijacking, worms or other harmful codes or errors experienced as a result of accessing the Internet

9. Termination

  1. Neither party may terminate the Contract during any applicable Minimum Term other than as provided herein. Should the Customer terminate its Agreement prior to the end of any applicable Minimum Term, the Customer shall be liable for the Fixed Broadband Termination Charge and authorises Vodafone to debit the Fixed Broadband Termination Charge from the Customer's bank account.
  2. Where the customer has availed of a discount or other promotion relating to the Agreement and terminates within the Minimum Term an amount equal to the value of any such promotion or discount, pro rated to the unexpired portion of the Minimum Term may at Vodafone’s discretion be reckonable for the purposes of calculating the Fixed Broadband Termination Charge.
  3. The Agreement shall automatically terminate on termination of a Customers analogue direct exchange line (or other equivalent narrowband access path as may be specified by Vodafone from time to time) and clause 2.3 shall apply if such termination occurs during the Minimum Term.
  4. If, on termination, where Fixed Broadband Service is suspended in accordance with clause 5 of the Standard Terms and Conditions, Vodafone may continue to bar the Customer’s line following termination until all Fixed Broadband Charges have been paid up to date by the Customer.
  5. On termination, the Customer shall return any Vodafone owned Equipment received from Vodafone in respect of the Fixed Broadband Service to Vodafone.
  6. Where this Agreement is terminated by the Customer for the purposes of transferring its service to another authorised operator the transfer shall not come into effect until such time as the Customer has paid to Vodafone all charges due and owing, up to the date of termination together with all other charges arising from such termination

10. Email, storage and other facilities

  1. Vodafone may provide email and/or storage and/or other facilities in association with Fixed Broadband Service. The Customer accepts that such facilities are not electronic communications services or products. Vodafone does not warrant that such facilities will meet the needs of the Customer nor does it guarantee the availability of such facilities. The terms and conditions for the use of these facilities are as set out on www.vodafone.ie.
  2. You may be able to use the Fixed Broadband Services: a) to upload, email or transmit content using the Fixed Broadband Services; and b) to access content which is branded or provided by others and to acquire goods and services from others. Where such access is provided, Vodafone’s role is limited to transmitting content to you and Vodafone does not exercise control over the content, goods or services. Vodafone is not responsible or liable in any way for, and does not endorse, any of this content, goods or services.

Vodafone Landline and Fixed Broadband Services

Validity: Pre 31st August 2010


The following standard terms and conditions shall apply to all Vodafone landline and fixed broadband services and including but not limited to Vodafone At Home and Vodafone Office (the “ Standard Terms and Conditions ”):

A. Standard Terms and Conditions

  1. These Terms and Conditions together with the application form and the terms and conditions of any applicable Service options, tariff plans or promotions constitute a legally binding agreement (the "Agreement") between Vodafone and the Customer. Use by the Customer or by another person (whether or not such a person is acting with the authority of the Customer) of any Fixed telecommunications service provided by Vodafone, shall be deemed to constitute an acceptance of this Agreement.
  2. This Agreement shall commence when Vodafone accepts the Customer's application and connects the Customer to the Network for either Fixed line or Fixed broadband service, whichever is the earlier. Please note that various related Vodafone products and services including Add Ons and Third Party Services may be subject to additional terms and conditions which you are advised to read. Vodafone reserves the right to refuse to accept any Customer application.
  3. Vodafone may vary or change the Agreement for any commercial, technical or operational reason and any material changes shall be notified to the Customer in advance. Please note that Vodafone Agents are not authorised to amend this Contract or to agree any provision which is inconsistent herewith.
  4. This Contract is personal to the Customer. The Customer shall not, except with Vodafone’s written consent or in accordance with Vodafone’s standard transfer procedures, assign or otherwise transfer the Agreement in whole or in part.
  5. Connection to the Network shall be conditional on:-
    • the Customer having and maintaining a credit rating satisfactory to Vodafone and providing Vodafone with such financial security as it reasonably requires;
    • the Customer providing valid proof of identity/address and such evidence of residency in Ireland as Vodafone may require;
    • the Customer being over eighteen (18) years of age (if personal application);
    • truthful and accurate completion of the application form by the Customer and the provision of such other information as Vodafone may for any valid reason request
  6. Any waiver, concession or extra time permitted by Vodafone is limited to the specific circumstances in which it is given and does not affect the rights of Vodafone under this Agreement in any other way. This Agreement is governed and construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the Courts of Ireland. Any reference to any legislative act or provision shall, unless the context otherwise requires, be considered as a reference to such act or provision as amended, re-enacted or replaced.
  7. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision(s) in question shall not be affected thereby.

 

Definitions

  • Access Provider - means the company which provides the Customer's telephone line(s) and associated telephone number(s), from which Vodafone rents such line(s) and number(s);
  • COMREG - means the Commission for Communications Regulation which is the national regulatory authority for the electronic communications market in Ireland;
  • Cooling-Off Period - has the meaning set out in clause 2.1;
  • Customer - means the person(s) using the Service whose details are provided in the Customer Application for the Service or who being an organisation enters into this Agreement by virtue of the completion and signing of the Customer Application by an authorised signatory of the organisation;
  • Customer Application - means the Customer’s application for the Services. The form, content and medium of the Customer Application (in writing, on-line or via other means) shall be as specified by Vodafone from time to time;
  • Customer Authorisation Form - means a form completed by the Customer to approve the
    provision of the Service and which contains information as Vodafone may reasonably specify. The form, content and medium of the CAF (in writing, on-line or via other means) shall be as specified by Vodafone from time to time;
  • Data Protection Legislation - means the Data Protection Acts 1988 and 2003 and any amendment, replacement or supplement thereto, from time to time;
  • Equipment - means a telephone, modem or other equipment of the Access Provider or Vodafone that is located on the Customer's premises;
  • Fair Usage Policy - means the fair usage policy for Vodafone fixed line and broadband services;
  • Fixed - the word fixed when used in conjunction with a service means services which are associated with a specified address or location;
  • Minimum Period - means a period of twelve (12) months commencing on the Start Date in respect of any Service unless otherwise agreed between the parties;
  • Network - means the telecommunications system used by Vodafone for the provision of the Service pursuant to its General Authorisation granted under Regulation 8 of the European Communities (Electronic Communications Networks and Services) Regulations, 2003;
  • Start Date - means the “go-live” date from which your account will become active and Vodafone will commence providing the Services. Vodafone will communicate an estimated Start Date to you in advance but this date is not guaranteed;
  • Tariff Sheet - means the Vodafone landline and broadband pricing guide as may be amended by Vodafone from time to time in accordance with the Standard Terms and Conditions and which is available at www.vodafone.ie;
  • Third Party Service or TPV - means any service promoted or provided by third parties to the Customer over the Network;
  • Vodafone or we or us - means Vodafone Ireland Limited, MountainView, Leopardstown, Dublin 18 being the provider of the Service under the Agreement;
  • Vodafone Agent - means any third party authorised to promote and sell Services or carry out business activities on Vodafone’s behalf.

3. Customer Right of Cancellation

  1. The Customer shall have the right to cancel the Service without penalty (subject to clause 3.2 below) within fourteen (14) days of placing an order with Vodafone (“Cooling-Off Period”) by giving Vodafone notice in writing during the Cooling-Off Period that it wishes to (i) disconnect its line; or (ii) transfer to the Access Provider or another operator (in which case it must also notify the Access Provider or other operator during the Cooling-Off Period).
  2. If the Customer exercises the right of cancellation set out in clause 3.1 above, the Customer shall be liable for any Charges for usage (including line rental and call charges) actually incurred up to and including the date of disconnection (which shall be no later than 72 hours after receipt of notice of cancellation), or, in the case of transfer to the Access Provider or another operator, up to and including the effective date of such transfer, and for any costs incurred in the return of the Equipment. Vodafone shall refund any remaining Charges which have been paid in advance by the Customer in respect of the Service.

4. Suspension/Barring of the Service

  1. Without prejudice to any of its rights of termination under clause 3 above, Vodafone reserves the right to temporarily bar, suspend, restrict, and/or disconnect the Customer’s use of the Service (collectively “suspension”) at any time for non-payment of the Charges (in accordance with the terms of Vodafone’s Code of Practice) or for any other breach of this Agreement whatsoever. Vodafone shall use reasonable endeavours to contact the Customer, but shall not be obliged to contact the Customer, prior to any such suspension of the Service.
  2. Vodafone shall be entitled to maintain suspension of the Service under clause 4.1 until any breach is remedied to Vodafone’s satisfaction.
  3. If the Service is suspended in accordance with this Agreement, the Customer will be able to make emergency calls only.
  4. The Customer shall remain liable to pay the Charges throughout any period of suspension of the Service.
  5. Vodafone shall be entitled to charge a reconnection fee as set out in the Tariff Sheet from time to time on reconnection of a Customer following any temporary period of suspension under clause 4.1.
  6. Vodafone may suspend the Service from time to time, without liability, for the alteration, improvement or maintenance of the Network or the Services.

5. Force Majeure 

Neither party shall be held in breach of its obligations hereunder (except in relation to
obligations to make payments) nor be liable to the other party for any loss or damage which may be suffered by the other party due to any cause beyond its reasonable control including, without limitation, failure of the Access Provider’s networks or services, any act of God, failure, interruption of power supplies, flood, drought, lightning or fire, strike, lockout, trade dispute or labour disturbance, acts or omissions of Government, highway authorities or other circumstances beyond the control of the parties (“Force Majeure”).

6. Assignment

  1. Vodafone may assign this Agreement without consent provided that any Assignee shall be bound by the same obligations as Vodafone under this Agreement.
  2. The Customer shall not assign this Agreement in whole or in part without the prior written consent of Vodafone.

7. Waiver

  1. Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right and does not operate so as to bar the exercise or enforcement thereof, or of any such right or any other right on any later occasion.
  2. Any deficiency in the Customer's authority to avail of the Service or to use the Equipment shall not preclude reliance by Vodafone on any of its rights under this Agreement.

8. Notice

  1. Vodafone shall send all notices to the Customer (i) in writing to the Customer's billing address as provided on registration; and/or (ii) on the Customer's bill; and/or (iii) by placing same on the Vodafone website; and/or (iv) via national newspapers.
  2. The Customer shall send all notices to the address that appears on the last written correspondence regarding Vodafone At Home or Vodafone Office services sent by Vodafone to the Customer or such other address as may be prescribed by Vodafone for the purpose.
  3. Notice given by post or via the Vodafone website shall be deemed served 48 hours after posting or on earlier proof of delivery. Notice given by Vodafone in national newspapers shall be deemed served on the date of publication.

9. Use of Information

  1. Vodafone shall process your personal data (as defined in the Data Protection Legislation) in accordance with the Data Protection Legislation.
  2. Any information obtained by Vodafone through an application for or the use of the Service may be accessed and used by Vodafone and its Affiliates, agents and sub-contractors for the purposes of credit references, accurate billing and efficient operation of the Service, including disclosure to and retention by the Access Provider in connection with the operation, suspension and/or termination of the Service and for the insertion, change and deletion of the Customer Listing by Vodafone and/or the Access Provider. The Customer shall be deemed in accepting these terms and conditions to have given consent for the use of his information for such purposes. The use of such information for purposes other than those outlined in this Agreement shall be subject to the Customer's consent as given in its Customer Application and the Customer Authorisation Form.
  3. Vodafone may use Customer’s contact details from time to time to contact Customer about Vodafone promotions, products or services which may be available to Customer or to send Customer details of such promotions, products or services. The Customer hereby explicitly consents to such contact while the Customer is availing of the Service and for a period of 12 months after the Customer ceases to avail of the Service. Customer may indicate in its Customer Application or contact Vodafone at any time on 1907 that it does not wish to receive such communications.
  4. Vodafone does not provide a telephone directory service. Vodafone may make Customer’s name, address and telephone number available to the emergency services and to any other licensed public telecommunications operators for the purpose of telephone directories and a public directory enquires service. You must notify us, in writing, should you wish any such information to be withheld or if you wish to opt out of the National Directory Database (NDD) and if this is your wish then we shall only disclose such information if and to the extent that we are legally required to do so.
  5. Third parties are allowed to use the NDD for direct marketing. Vodafone can request the operator of the NDD to place an indicator next to your NDD entry advising third parties that you do not wish your details to be used for this purpose.
  6. We do not accept any liability whatsoever for a failure by any operator to whom we provide preference or listing information to comply with any listing or preference  request that you make to us or to that operator.

10. Miscellaneous

  1. This Agreement (comprising these terms and conditions, the Tariff Sheet and the Customer Application), constitute the entire agreement between the parties in relation to the Service and, for the avoidance of doubt, supersede any terms which may have governed the provision of the CPS Residential Calling Service to the Customer. In the event of conflict between any of the documents incorporated in this Agreement, the following order of precedence shall apply:
    1. These terms and conditions
    2. The Tariff Sheet
    3. The Customer Application
  2. Vodafone reserves the right to alter any terms of this Agreement for legal, technical, operational or commercial reasons, or to terminate any package or change its tariffs, on giving thirty (30) days’ notice to the Customer. Notwithstanding any other provision of this Agreement, Vodafone shall give notice for the purposes of this clause in accordance with Clause 8. In the event of any such alteration, the Customer shall have the option to terminate the Service without penalty during the notice period, subject to payment by the Customer of all Charges due to date.
  3. In the event that a customer upgrades/downgrades from one Service as specified on the Application Form to another option, the Charges for the higher/lower option will apply with immediate effect. The customer will be given a new Minimum Period of 12 months (or as otherwise agreed) which will take effect from the date the upgrade/downgrade is applied.
  4. In the event that a customer agrees to avail of a promotional offer, the customer may be subject to a new minimum term as agreed between the parties as part of the terms of the offer.
  5. If any provisions of the Agreement are held to be unenforceable, illegal or void in whole or in part the remaining portions of the Agreement (and the remaining portion of such provisions) shall remain in full force and effect.
  6. This Agreement shall be governed by and construed in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish Courts.

B. Fixed Line Phone Terms and Conditions

Definitions

The Standard Terms and Conditions shall apply, in addition the following words shall have the following meanings: 

  • Agreement - means the Standard Terms and Conditions, these terms and conditions, the Tariff Sheet (including Vodafone’s tariffs for the Service) as amended from time to time, and the Customer Application (including the Customer Authorisation Form) which together constitute a legally binding agreement between the Customer and Vodafone;
  • Call Management Services - has the meaning assigned to such term in the Tariff Sheet;
  • >
  • Call Management Services Charges - are the charges applicable to the Call Management Services as specified in the Tariff Sheet;
  • Charges - means all charges payable to Vodafone for the Service as specified in the Tariff Sheet and includes, without limitation, the Line Rental Charges, Equipment charges and Call Management Services Charges;
  • Customer - means the person(s) using the Service whose details are provided in the Customer Application for the Service or who being an organisation enters into this Agreement by virtue of the completion and signing of the Customer Application by an authorised signatory of the organisation;
  • DSFA - means the Department of Social and Family Affairs;
  • DSFA Scheme - means the DSFA telephone allowance scheme operated by the DFSA from time to time, to which Vodafone shall adhere to in charging a Customer who is eligible under the scheme;
  • Line Rental Charges - means the charges for telephone line rental as specified in the Tariff Sheet;
  • National Directory Database or NDD - means the record of all subscribers of publically available telephone services in the State, including those with fixed, personal and mobile numbers, who have not refused to be included in that record;
  • Service means the telephony service requested by the Customer in the Customer Application to be provided at the address specified in the Customer Application. This will include the provision by Vodafone of a single bill to the Customer covering all aspects of voice services, at rates Vodafone determines, where voice services means all telephone lines (PSTN/ISDN), Equipment, calls and Call Management Services, unless otherwise excluded herein;
  • Product Exclusions - means those services which the Access Provider, and not Vodafone, will continue to offer the Customer from time to time, which includes eircom Charge Card, eircom i-stream, High Value CPE, spread payment contracts (for equipment purchase) and eircom discount schemes, as same may be amended from time to time in addition the Service excludes all calls except for calls to emergency numbers 999 and 112, calls to codes 199 and to numbers starting with 13 and 17;
  • Start Date - means the date on which the Voice package is activated;
  • Termination Charges - has the meaning set out in clause 2.5;
  • Voice Package - means any landline service comprising line rental with or without inclusive free calls. 

2. Commencement of Service and Minimum Term

  1. This Agreement shall commence and the Customer shall be deemed to have accepted that he/she is bound by, and has agreed to comply with, the terms of this Agreement (as defined above) on the Start Date, or on the date of expiry of the Cooling-Off Period, whichever is the earlier.
  2. The Customer warrants that all information and details provided by the Customer to Vodafone in his/her Customer Application are true and accurate and the Customer shall advise Vodafone immediately in writing or by contacting the Vodafone Customer Care team with any changes to that information. Vodafone customer service numbers are 1907 for bill pay
  3. customers and 1747 (from a mobile)  or 1850 20 40 20  (from a landline) for pay as you go customers.
  4. The Service will commence on the Start Date and will continue for the Minimum Term and thereafter shall continue on a month to month basis until cancelled, suspended, or terminated in accordance with clause 9.
  5. The Customer’s Contract for any Voice Package is for a Minimum Term of twelve (12) months from the Start Date unless otherwise agreed between the parties, unless the Customer cancels during the Cooling-Off Period in accordance with clause 2.1 of the Standard Terms and Conditions.
  6. If the Customer terminates its Contract after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the “Termination Charge”) as specified in the Tariff Sheet.
  7. On the placing of the order for the Service, Vodafone will provide the Customer with a ready for service date. This date may vary from customer to customer depending on the Services requested and the circumstances affecting the delivery mechanism for the Customer.
  8. Vodafone will use its reasonable efforts to install the Service by the ready for service date provided to the Customer, but all dates are estimates only and Vodafone cannot guarantee that it will meet such dates.

3. Service

  1. This Agreement, in respect of Vodafone At Home, applies in respect of the provision of the Service for a home phone line. The details of any limits on usage of the Service are set out in the Tariff Sheet and the Fair Usage Policy. The Customer agrees that it is entering into this Agreement for personal use of the Service and is not acting in the course of its business, trade or profession which involves the participation of more than three (3) individuals (or employees) or for the provision of electronic communications services.
  2. Provision of the Service by Vodafone shall be conditional on receipt by Vodafone of a completed Customer Authorisation Form or the Customer having signed up in accordance with Vodafone’s procedures and these terms and conditions.
  3. Each Customer Application for the Service shall be deemed to be in respect of individual telephone lines and not the Customer's entire telephone account, unless otherwise specified in the Customer Application. The Customer must specify in the Customer Application each individual telephone line in respect of which it wishes to have the Service provided.
  4. The Customer accepts and acknowledges that (i) the Access Provider shall bar access to all carrier selection and carrier access codes on telephone lines that have the Service  applied and (ii) override codes are not available for use by the Customer in conjunction with the Service (i.e. a Customer cannot access another operator’s network in making calls through use of a prefix). The Customer accepts that Vodafone shall have no liability for any losses or damages howsoever arising from non-provision of the Service in the event that such restrictions are not accepted by the Customer.
  5. In supplying the Services Vodafone will use its reasonable skill and care but cannot guarantee fault free performance. Vodafone does not warrant that the Service will be suitable for specific Customer applications or that the operation of the Service will be uninterrupted or error-free. Vodafone does not warrant that the Service will support or be compatible with any applications or other services which the Customer uses in conjunction with the Services.
  6. The Customer agrees that from time to time it may be necessary for Vodafone to temporarily suspend the Service during periods of repair, essential maintenance or alteration or improvement to Vodafone’s network or otherwise in accordance with the law.
  7. Due to the wide range of causes of faults, many of them outside of Vodafone’s control it is not possible for Vodafone to fix a particular fault in a guaranteed timeframe  however Vodafone will use all reasonable endeavours to repair faults in a timely fashion.
  8. As part of the Service Vodafone performs agency rebilling of the eircom.net Flat Rate Internet Access service. Should the customer wish to discontinue this service the Customer is responsible for terminating the service directly with eircom.net.

4. Vodafone Landline Packages

Vodafone shall provide the tariff package specified by the Customer in the Customer Application. The tariff package shall be subject to the terms and conditions as may be set out in the Tariff Sheet from time to time.

5. Customer Care

  1. Vodafone customer service numbers are 1907 for bill pay customers and 1747 (from a mobile)  or 1850 20 40 20  (from a landline) for pay as you go customers.
  2. Vodafone customer care policy is set out at www.vodafone.ie.
  3. The Customer shall contact Vodafone in the event that it wants to alter any aspect of the Service, including, but without limiting the generality of the foregoing, the addition of a telephone line, changes to a telephone line, changes in the Call Management Services and changes in the Customer's premises where the Service is provided.
  4. A copy of Vodafone’s Customer Enquiries Code of Practice for initiating procedures for (a) settlement of disputes with Vodafone or (b) requesting a refund or compensation for failure by Vodafone to meet contracted service quality levels is available at www.vodafone.ie. Vodafone at its sole discretion shall decide on a case by case basis whether a Customer is entitled to a refund or compensation. Vodafone’s decision in this regard is final and no correspondence will be entered into in relation to same save in the manner set out in the Code of Practice.

6. Payment

  1. The Customer will receive one bill from Vodafone for all Charges incurred by the Customer in respect of this Service. The Customer will continue to be billed separately by its Access Provider for any Single Billing Product Exclusions. The Landline Line Rental and Equipment rental charges shall be paid monthly in advance.
  2. Vodafone's tariffs for the Service are stated in the Tariff Sheet which forms part of the Agreement. Vodafone shall provide an online bill to the Customer as default for the Service. The Customer may request a paper copy of the bill.
  3. All sums due to Vodafone shall be paid in full by the Customer by the due date for payment set out in the Vodafone invoice. In order to avail of the Service, the Customer agrees to pay by cash and cheque direct debit, credit or debit card in the manner prescribed on the Vodafone invoice.
  4. Prior to taking payment from Credit / Debit card paying customers, Vodafone may first reserve funds on the Customer’s card equal to the total due at that date. Vodafone may also reserve a nominal amount on customer's card in order to validate card details. This amount shall not exceed €0.02 and will not be removed from Customer’s account.
  5. Should the Customer disagree with any charges shown on the Customer’s bill, the Customer is requested to lodge a complaint in accordance with Vodafone’s Code of Practice, prior to the due date for payment. Notwithstanding any complaint, all invoiced amounts shall be paid on the invoice due date pending the outcome of the complaints procedure. If, following the complaints procedure, it is established that the charges on any invoice are incorrect, Vodafone shall credit any overpayment to the Customer’s account.
  6. Save in the case of manifest error by Vodafone, all charges shall be calculated by reference to the data recorded or logged by Vodafone. Vodafone's determination in respect thereof is final.
  7. Where customer billing is dependent on information received by Vodafone from other networks or operators then the Customer accepts that such information is an accurate record of their use of the services.
  8. As some usage takes longer to rate, notwithstanding any other clause herein, the Customer may, at any time, be billed for charges incurred in a prior billing period.
  9. A residential Customer's eligibility under the DSFA Scheme shall be indicated by the residential Customer when applying for the Service or where a Customer becomes eligible for the DSFA Scheme during receipt of the Service the residential Customer shall notify Vodafone of such eligibility as soon as the residential Customer becomes so aware. In the event that it is determined that the residential Customer is not, or has not been, eligible for the DSFA Scheme, the residential Customer acknowledges and agrees that, without prejudice to any other rights or remedies that Vodafone may have under this Agreement or otherwise, any DSFA Scheme credits improperly awarded to the residential Customer may be recouped by Vodafone in a subsequent invoice from Vodafone to the residential Customer whether during or after the term of this Agreement.

7. Use of the Service

  1. The Customer undertakes not to use or permit others to use the Service or the Equipment:
    1. for business purposes to sell on or supply the Service to anyone on a commercial basis;
    2. for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Service;
    3. in any way that may cause degradation of service levels to other customers as determined by Vodafone or put the Network at risk;
    4. to send unsolicited commercial communications or promotional material;
    5. for the communication, transmission, publication, distribution or dissemination of any material which is, may be or is intended to be a hoax or is of a defamatory, offensive, abusive, obscene, indecent or menacing nature or in breach of any intellectual property right; or
    6. otherwise in any manner which does not comply with the terms of any applicable law, legislation, regulation, direction or any licence or authorisation applicable to the Customer or any instructions given by Vodafone from time to time.
  2. The Customer hereby agrees to avail of the Service subject to the provisions of any legislation, regulations, bye-laws or codes of practice applicable to such use.
  3. The Customer shall ensure that all persons having access to the Service or the Equipment comply with this Agreement.
  4. The Customer shall ensure that all Equipment is maintained and kept in good working order.
  5. The Customer shall comply with all reasonable instructions given to the Customer by Vodafone in relation to the use of the Service.
  6. The Customer shall indemnify and hold Vodafone harmless against all liabilities, claims, damages, losses, expenses and proceedings howsoever arising from or in any way connected with the use of the Service and/or the Equipment and/or any breach of this clause 7 by the Customer.

8. Liability

  1. Vodafone shall use reasonable endeavours to ensure that the Service is available for use by the Customer in accordance with the standards for the time being relating to the Service as set out in Vodafone’s Service literature, but shall not be liable for any delay, failure, interruption, or deterioration therein, howsoever arising.
  2. Vodafone shall make reasonable efforts to prevent unauthorised access to the Service by third parties but shall have no liability to the Customer for any loss or damage caused by unauthorised third party access to Services or the Equipment.
  3. Save as expressly provided herein, Vodafone disclaims all representations, warranties, guarantees, terms or conditions of any kind, whether express or implied, including but not limited to implied undertakings regarding quality of service implied under Section 39 of the Sale of Goods and Supply of Services Act, 1893 and 1980, to the fullest extent permitted by law and the customer agrees that is fair and reasonable.
  4. Under no circumstances shall Vodafone be liable for any loss or damage arising as a result of:
  1. the failure of the service or equipment due to the incompatibility of the service with any equipment not supplied by Vodafone;
  2. the acts and omissions of other telecommunication operators (including the access provider); or
  3. breach in the security or privacy of messages transmitted using the service provided by us unless the breach results from the wilful default of Vodafone or its employees.
  1. Under no circumstances shall Vodafone be liable to the customer or any third party whether under contract, tort, statute or otherwise, for any indirect, economic, special or consequential loss, loss of profits, loss of data or loss of use of data, howsoever arising as a result of the customer’s use of the service or the equipment or otherwise in connection with this agreement.
  2. Without prejudice to the exclusions of liability set out in this clause, Vodafone’ entire aggregate liability to the customer or any third party for any and all claims, howsoever arising out of or in connection with this agreement and whether under contract, tort, statute or otherwise, shall not exceed the lesser of (i) the total charges paid by the customer to Vodafone in the 12 months prior to the date of the last event giving rise to such claim(s) and (ii) €1,000, provided that this shall not operate to exclude any minimum liability imposed by statute.
  3. This Clause 8 shall continue to apply notwithstanding termination of this Agreement for any reason whatsoever or howsoever arising.
  4. Any limitation or exclusion of liability under these terms and conditions shall only be to the extent permitted by law. Nothing in this Agreement shall limit or exclude Vodafone’s liability to the Customer for personal injury or death.

9. Termination/Transfer of Service

  1. Save where a Customer exercises its right of cancellation under clause 2 of the Standard Terms and Conditions, monthly Charges which are required to be paid in advance by the Customer shall not be refunded on termination of this Agreement for any reason.
  2. Neither party may terminate the Contract during any applicable Minimum Period (if applicable) other than as provided herein. Should the Customer terminate its Contract after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the “Termination Charge”) as specified in the tariff sheet, and authorises Vodafone to debit the Termination Charge from the Customer's bank account in accordance with clause 2.5.
  3. After the Minimum Period or, if there is no Minimum Period, at any time, either party may terminate the Service on giving the other thirty (30) days’ written notice.
  4. The Customer must contact the Access Provider or other operator to transfer its line under clauses 2.1 of the Standard Terms and Conditions or clause 9.2 above and termination shall only take effect once any such transfer has occurred. The Customer acknowledges that Vodafone shall continue to provide the Service and the Charges shall continue to apply pending any such transfer.
  5. Vodafone shall be entitled to terminate this Agreement and cease providing the Service forthwith without notice (giving only retrospective notice) if:
  • the Customer is in material breach of this Agreement (including non-payment of the Charges in accordance with the Code of Practice);
  • the Customer is in breach of any term of this Agreement and has failed to remedy such breach within 30 days of a notice from Vodafone requiring the Customer to remedy such breach;
  • the Customer is in breach of clause 7;
  • the Customer uses the Equipment otherwise than as permitted under this Agreement;
  • any information supplied by the Customer to Vodafone is false or misleading;
  • Vodafone is obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organisation or other competent authority;
  • the Customer is suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service; or
  • the Customer dies, becomes mentally ill or becomes the subject of bankruptcy or insolvency proceedings in any jurisdiction or has become unable to pay its debts as they fall due.
  1. Vodafone shall be entitled to terminate this Agreement immediately by giving the Customer notice if any event of Force Majeure continues for a period of thirty (30) days or longer.
  2. Vodafone shall be entitled to effect termination under clauses 9.6 or 9.7 either by disconnecting the Customer or by transferring the Customer back to the Access Provider.
  3. If, on termination, any Charges are outstanding, Vodafone may continue to bar the Customer’s line following termination until all Charges have been paid up to date by the Customer.
  4. The termination or suspension of this Agreement or default of the Customer hereunder shall not affect the accrued rights and obligations of the parties under the Agreement.
  5. Without prejudice to the generality of clause 9.9, on termination of the Agreement, all Charges accrued by the Customer shall become immediately due and payable and, following termination, the Customer shall continue to pay the Charges accrued during the term of the Agreement or Minimum Term in accordance with Clause 6 hereof.
  6. Where the customer has availed of a discount or other promotion relating to the Agreement and terminates within the Minimum Period an amount equal to the value of any such promotion or discount, pro rated to the unexpired portion of the Minimum Period may at Vodafone’s discretion be reckonable for the purposes of calculating the Termination Charge.
  7. Where this Agreement is terminated by the Customer for the purposes of transferring its service to another authorised operator the transfer shall not come into effect until such time as the Customer has paid to Vodafone all charges due and owing, up to the date of termination together with all other charges arising from such termination.
  8. Upon the disconnection of the Services, Vodafone will release to a new service provider the telephone number(s) that you used in connection with the Services if all of the following conditions are met: (1) such new service provider is able to accept such number; (2) your account has been properly terminated, (3) your account is completely current, including payment for all Charges and applicable disconnection fees; (4) you request the transfer upon disconnecting your account. However, please be aware that you may not be able to retain your telephone number if you move location.
  9. The Customer acknowledges that Customer has no proprietary rights in the telephone number allocated to Customer. We reserve the right to withdraw this number at any time.
  10. On cancellation or termination of this Agreement, any other agreement between Customer and Vodafone in respect of the same line shall automatically terminate.

C. Vodafone Fixed Broadband Terms and Conditions

Definitions

  • The Standard Terms and Conditions shall apply, in addition the following words shall have the following meanings:
  • Access Details - shall mean the username and password identity given exclusively to the Customer for the purposes of gaining access to the Network;
  • Authorised User - shall mean anyone registered by the Customer as authorised to use the Service;
  • Broadband Access Server - means a remote access server which is used for the Service.
  • Charges - means the Connection Charge and all charges for the Service under the Customer’s Package, as set out in the Tariff Sheet including any flat rate monthly charges and any applicable additional usage charges;
  • Conditions - means these terms and conditions, the Tariff Sheet (including Vodafone's tariffs for the Service) as amended from time to time, the Customer Application (including the Customer Authorisation Form) and the Vodafone Code of Practice which together constitute a legally binding agreement between the Customer and Vodafone;
  • Connection Charge - means a one off charge for connection to the Service as may be set out from time to time in the Tariff Sheet;
  • Contract - means the contract between you and Vodafone to pay for and receive the Service (as specified in your Customer Application), in accordance with the Conditions;
  • Customer Access - means the physical network (including the metallic pair) between the Broadband Access Server and a Customer's Site;
  • Customer Equipment - means all computer hardware, software, cabling, apparatus and facilities provided by the Customer.
  • Customer Information - means all content, including any data, information, video, graphics, sound, music, photographs, software and any other materials (in whatever form) transmitted, published, disseminated, distributed or otherwise made available by or on behalf of the Customer, via e-mail, website or otherwise, using the Service;
  • Internet Connection - shall mean the Customer's connection with the Network;
  • Internet Standards - shall mean the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any other applicable protocols and standards;
  • ISP - means an Internet Service Provider;
  • Monthly Download Allowance - means the amount of download allowed for Broadband at no additional cost to the fixed monthly charges as specified in the Tariff Sheet.
  • Network - means the telecommunications system used by Vodafone for the provision of the Service pursuant to its General Authorisation granted under Regulation 8 of the European Communities (Electronic Communications Networks and Services) Regulations, 2003;
  • Package - means any Internet service package as offered by Vodafone set out in the Tariff Sheet from time to time;
  • Service - means the Vodafone residential broadband Internet service to be provided by Vodafone in accordance with the Package selected by the Customer in the Customer Application;
  • Service Availability Area - means the area within 4.5 kilometres from the local telephone exchange, or such other area as may be specified by Vodafone from time to time;
  • Site (s) - means the property (properties) where Vodafone agrees to provide the Service;
  • Software - means any software provided by Vodafone to enable the Customer to access or use the Service;
  • Termination Charge - has the meaning set out in clause 2.4.

2. Duration of Service and Minimum Term

  1. The Conditions shall govern the relationship between Vodafone and the Customer in all matters relating to the Service.
  2. The Service will commence on the Start Date and will continue for the Minimum Term and thereafter shall continue on a month by month basis until cancelled, suspended, or terminated in accordance with clause 11.
  3. The Customer’s Contract for any broadband Package is for a Minimum Term of twelve (12) months from the Commencement Date or as otherwise agreed between the parties, unless the Customer cancels during the Cooling-Off Period.
  4. If the Customer terminates its Contract after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the “Termination Charge”) as specified in the tariff sheet.
  5. Vodafone will use its reasonable efforts to install the Service by the date that it agrees with the Customer, but all dates are estimates and Vodafone cannot guarantee that it will meet such dates.

3. Customer Warranties and Pre-Conditions to Provision of the Service

  1. On applying for the Service, the Customer shall be deemed to have obtained the authority of the person who leases the physical telephone line(s) across which the Service is provided.
  2. The Contract is for the provision of the Service for a landline & fixed broadband Internet connection or a landline only package.
  3. The Customer warrants that all information and details provided by the Customer to Vodafone in his/her Customer Application are true and accurate and the Customer shall advise Vodafone immediately of any changes to that information.
  4. The provision of the Service shall be subject to the following pre-conditions:
    1. the Customer must have their landline line rental with Vodafone;
    2. the Customer’s landline line must be within the Service Availability Area (which may be extended by Vodafone from time to time by giving notice on its website);
    3. the Customer must have an analogue direct exchange line, which terminates on a master socket forming part of the PTSN network;
    4. if the Customer has any type of phone monitored home/ business alarm system on their phone line, provision of the Service will be conditional on a splitter being installed on the line and the Customer will need to contact their alarm service provider to ensure that a splitter is installed;
    5. Vodafone must be satisfied, that it is technically feasible to produce a quality service on the Customer’s line in all applicable conditions;
    6. receipt by Vodafone of a completed Customer Authorisation Form or the Customer having signed up in accordance with Vodafone’s procedures;
    7. the Customer’s line must pass all pre-qualification testing carried out by Vodafone and/or the Access Provider and the line must be capable of activation for the Service at the exchange; and
    8. the Customer Equipment must meet any minimum requirements specified by Vodafone to the Customer prior to the Start Date.
  5. If the customer has an ISDN line, provision of the Service shall be conditional on the customer getting the line downgraded to an analogue line in accordance with clause 3.4.3 and the Customer will need to contact its provider in this regard.
  6. In the event that the Customer wants to alter any aspect of the Service, including, but without limiting the generality of the foregoing, upgrades to a telephone line, the addition of a telephone line, change in call features, changes in the Customer’s premises where service is provided Vodafone will use its reasonable efforts but cannot guarantee to meet such.
  7. If any of the pre-conditions 3.4.1 to 3.4.8 are not satisfied prior to the proposed Start Date, Vodafone shall be entitled to terminate the Contract, without liability, immediately by giving notice to the Customer.
  8. In the event that, for technical reasons, the Service cannot be activated on a Customer’s line, notwithstanding that the pre-conditions set out above may be satisfied, Vodafone shall be entitled to terminate the Contract immediately by giving notice to the Customer and neither Party shall have any liability to the other. The Customer shall not be obliged to pay the Connection Fee in such circumstances.

4. Service

  1. The details of each Package, any limits on data usage (including the Fair Usage Policy) are set out in the Tariff Sheet. The connection speed and Monthly Download Allowance and the Fair Usage Policy for each Package are set out in the Tariff Sheet.
  2. The Customer acknowledges that the bit rates in respect of the Service as indicated by Vodafone, may be reduced by contention within the Network from time to time and these speeds are not guaranteed. Speeds indicated are line speeds and not data transfer speeds.
  3. Actual broadband speed is subject to distance and line quality. Vodafone will provide the maximum broadband line speed that the customer’s phone line and modem can support up to the stated speed of the package selected.
  4. The fixed broadband Service is a Digital Subscriber Line or “DSL” Service which provides a dedicated digital circuit between a customer premises and a PSTN telephone exchange allowing high speed data transfer over existing twisted copper telephone lines. It is a single user service and as such the Customer will require a modem for connection to the Service.
  5. Vodafone shall provide the Customers with Access Details.
  6. Each Customer Application for the Service shall be deemed to be in respect of individual telephone lines and not the Customer's entire telephone account, unless otherwise specified in the Customer Application. The Customer must specify in the Customer Application each individual telephone line in respect of which it wishes to have the Service applied.
  7. For technical, operational and commercial reasons Vodafone shall be entitled to vary the Service and any aspect thereof at any time. Where practicable, Vodafone shall provide notice of any such change in accordance with clause 9.2 of the Standard Terms and Conditions.
  8. In supplying the Services Vodafone will use its reasonable skill and care but cannot guarantee fault free performance. Vodafone does not warrant that the Service will meet the Customer’s requirements or that the operation of the Service will be uninterrupted or error-free. Vodafone does not warrant that the Service will support or be compatible with any applications or other services which the Customer uses in conjunction with the Services.
  9. The Customer agrees that from time to time it may be necessary for Vodafone to temporarily suspend the Service during periods of repair, essential maintenance or alteration or improvement to Vodafone’s network or otherwise in accordance with the law.
  10. Due to the wide range of causes of faults, many of them outside of Vodafone’s control it is not possible for Vodafone to fix a particular fault in a guaranteed timeframe  however Vodafone will use all reasonable endeavours to repair faults in a timely fashion.

5. Provisioning/Installation of the Service

  1. On the placing of the order for the Service, Vodafone will provide the Customer with a ready for service date. This date may vary from customer to customer depending on the Services requested and the circumstances affecting the delivery mechanism for the Customer.
  2. Vodafone will use its reasonable efforts to install the Service by the ready for service date provided to the Customer, but all dates are estimates only and Vodafone cannot guarantee that it will meet such dates.
  3. During the provisioning of the Service the Customer may experience a temporary loss of its analogue direct exchange line service and Vodafone shall not be held liable to the Customer for any losses or damages howsoever arising during such period.

6. Equipment

  1. Any Customer Equipment must be connected and used in accordance with any instructions and any safety or security procedures applicable to the use of such equipment, and must be technically compatible with that Service and approved for that purpose under any relevant legislation.
  2. The Customer shall be responsible for use of the Customer Equipment in connection with the Service and Customer agrees that access to the Internet is at Customer’s own risk and subject to all applicable laws. Vodafone advises all Customers to install an appropriate Internet security solution on the appropriate Customer Equipment but Vodafone shall have no liability to Customer for any loss or damage arising from installation, use or non-use of such software. Vodafone shall have no liability for any unauthorised access by a third party to the Customer Equipment or the internet or any other loss arising from the Customer’s failure to correctly configure the security settings on the Customer Equipment.
  3. The Customer may use its own modem to access the Service. If the customer selects a Modem from Vodafone when ordering a fixed Broadband package a once off charge shall apply as may be set out from time to time in the Tariff Sheet.
  4. If the Customer uses Customer Equipment for access to the Service, Vodafone shall no way support this equipment or make any assurances as to the quality of Service through use of the Customer Equipment and shall be in no way responsible for any damage done to the Customer Equipment or the Service as a result.
  5. If the Customer selects a replacement modem outside of the 12 month warranty period a charge may be applicable as set out therein.
  6. The Customer shall be responsible for installation of the Equipment provided by Vodafone in accordance with Vodafone’s instructions. Vodafone shall have no obligation to install Equipment.
  7. On termination of the Contract, or at any time on reasonable request by Vodafone, the Customer shall return all Equipment received from Vodafone to Vodafone.

 7. Customer use of Service

  1. The Customer may use the Service for consumer, domestic and/or personal purposes or in the course of a trade, business or profession
  2. Where a Customer avails of a promotional offer, subject to eligibility and availability, the terms and conditions of the respective offer shall apply for the time limit specified.
  3. The Customer undertakes not to use or permit others to use the Service or the Equipment (including, without limitation, in any e-mails, or Customer Information made available on the Internet):
    1. for business purposes to sell on or supply the Service to any one on a commercial basis;
    2. for any improper, immoral or unlawful purpose, or to cause any nuisance by the use of the Service;
    3. in any way that may cause degradation of service levels to other Customers as determined by Vodafone or put the Network at risk or which otherwise makes abnormal demands on the service or Vodafone's network or facility from a single connection;
    4. to transmit unsolicited commercial communications or promotional material;
    5. for the communication, transmission, publication, distribution or dissemination of any material which is, may be or is intended to be a hoax or is of a defamatory, offensive, abusive, obscene, indecent or menacing nature or which is in breach of any intellectual property right(s);
    6. for the processing of automated or manual “personal data” in contravention of the Data Protection Legislation; or
    7. otherwise in any manner which does not comply with the terms of any applicable law, legislation, regulation, direction or any licence or authorisation applicable to the Customer or any instructions given by Vodafone from time to time.
  4. The Customer shall ensure that the Customer Information complies with clause 7.3.
  5. The Customer shall ensure that all persons having access to the Service or the Equipment comply with the Conditions.
  6. The Customer shall keep the Access Details secure and confidential and the Customer shall be responsible for any use of the Service using the Customer’s Access Details.
  7. The Customer shall ensure that all Equipment and Customer Equipment are maintained and kept in good working order.
  8. The Customer shall comply with and agrees to be bound by all conditions of any licence or instructions under which the Equipment is provided.
  9. The Customer shall comply with all reasonable instructions from Vodafone in relation to the use of the Service.
  10. The Customer shall promptly inform Vodafone of any change in any of the details provided in the Customer Application, including without limitation, the Customer’s name, address, email address and/or telephone number.
  11. The Customer shall indemnify and hold Vodafone harmless against all liabilities, claims, damages, losses, expenses and proceedings howsoever arising from or in any way connected with the Customer Information, or the Customer’s use of the Service or the Equipment or breach of this clause 7.

8. Customer Service

  1. Vodafone customer service numbers are 1907 for bill pay customers and 1747 (from a mobile)  or 1850 20 40 20  (from a landline) for pay as you go customers.
  2. The Customer shall contact Vodafone in the event that it wishes to alter any aspect of the Service.
  3. The Customer shall contact Vodafone in the event that changes in the Customer's premises occurs where the Service is provided.
  4. A copy of Vodafone’s Customer Enquiries Code of Practice for initiating procedures for (a) settlement of disputes with Vodafone or (b) requesting a refund or compensation for failure by Vodafone to meet contracted service quality levels is available at www.vodafone.ie. Vodafone at its sole discretion shall decide on a case by case basis whether a Customer is entitled to a refund or compensation. Vodafone’s decision in this regard is final and no correspondence will be entered into in relation to same save in the manner set out in the Code of Practice.
  5. The Customer shall raise any complaints in relation to the Service using the complaints procedure set out in the Code of Practice.

9. Payment

  1. The Charges in respect of each Package are set out in the Tariff Sheet. All quoted Charges shall be inclusive of Value Added Tax. Vodafone reserves the right to alter such tariffs from time to time and shall notify Customers of such change in accordance with clause 9.2 of the Standard Terms and Conditions.
  2. Vodafone shall provide an online bill to the Customer as default for the Service. The Customer may request a paper copy of the bill.
  3. A once off connection charge may apply to the Service as may be set out from time to time in the Tariff Sheet .
  4. All sums due to Vodafone shall be paid in full by the Customer by the due date for payment set out in the Vodafone invoice. In order to avail of the Service, the Customer agrees to pay by direct debit, credit card or debit Card.
  5. Vodafone’s first monthly flat rate charge for the Service, shall, where applicable, be pro-rated to correspond with the period for which Vodafone will collect payment. This means that the first flat rate charge may be for a partial month in addition to the regular monthly period.
  6. In the event that, in any given month, the Customer exceeds the Monthly Download Allowance for their chosen broadband Package, Vodafone shall be entitled to charge the Customer for any additional capacity usage at the rates set out from time to time in the Tariff Sheet.
  7. Prior to taking payment from credit / debit card paying customers, Vodafone may first reserve funds on the Customer’s card equal to the total due at that date. Vodafone may also reserve a nominal amount on customer's card in order to validate card details. This amount shall not exceed €0.02 and will not be removed from Customer’s account.
  8. Should the Customer disagree with any charges shown on the Customer’s bill, the Customer is requested to lodge a complaint in accordance with Vodafone’s Code of Practice, prior to the due date for payment. Notwithstanding any complaint, all invoiced amounts shall be paid on the invoice due date pending the outcome of the complaints procedure. If, following the complaints procedure, it is established that the charges on any invoice are incorrect, Vodafone shall credit any overpayment to the Customer’s account.
  9. Save in the case of manifest error by Vodafone, all charges shall be calculated by reference to the data recorded or logged by Vodafone. Vodafone's determination in respect thereof is final.
  10. Where customer billing is dependent on information received by Vodafone from other networks or operators then the Customer accepts that such information is an accurate record of their use of the services.
  11. As some usage takes longer to rate, notwithstanding any other clause herein, the Customer may, at any time, be billed for charges incurred in a prior billing period.

10. Liability

  1.  Vodafone shall use reasonable endeavours to ensure that the Service is available for use by the Customer in accordance with the standards for the time being relating to the Service as set out in Vodafone’s Service literature, but shall not be liable for any delay, failure, interruption, or deterioration therein, howsoever arising.
  2. Vodafone shall make reasonable efforts to prevent unauthorised access to the Service by third parties but shall have no liability to the Customer for any loss or damage caused by unauthorised third party access to Service or the Equipment.
  3. Vodafone shall not be responsible or liable, directly or indirectly, for any damage or loss (including, without limitation, damage to the Customer Equipment, call charges or loss of data) arising by or in connection with access to or use of the Internet, including, without limitation, loss or damage arising as a result of any bugs, trojan horses, viruses, modem hijacking, worms or other harmful codes or errors experienced as a result of accessing the Internet
  4. Save as expressly provided herein, Vodafone disclaims all representations, warranties, guarantees, terms or conditions of any kind, whether express or implied, including but not limited to implied undertakings regarding quality of service implied under section 39 of the Sale of Goods and Supply of Services Act, 1893 and 1980, to the fullest extent permitted by law and the customer agrees that is fair and reasonable.
  5. UNDER NO CIRCUMSTANCES SHALL Vodafone Be Liable For any loss or damage arising as a result of:
    1. The Failure of the service or equipment due to the incompatibility of the Service with any Equipment not supplied by Vodafone;
    2. The Acts And Omissions Of Other Telecommunication Operators (including the access provider); OR
    3. breach in the security or privacy of messages transmitted using the service provided unless the breach results from the wilful default of Vodafone or its employees.
  6. Under no circumstances shall Vodafone be liable to the customer or any third party whether under contract, tort, statute or otherwise, for any indirect, economic, special or consequential loss, loss of profits, loss of data or loss of use of data, howsoever arising as a result of the customer’s use of the service or the equipment or otherwise in connection with the contract.
  7. Without prejudice to the exclusions of liability set out in this clause, Vodafone’s entire aggregate liability to the customer or any third party for any and all claims, howsoever arising out of or in connection with this agreement and whether under contract, tort, statute or otherwise, shall not exceed the lesser of (i) the total charges paid by the customer to Vodafone in the twelve (12) months prior to the date of the last event giving rise to such claim(s) and (ii) €1,000, provided that this shall not operate to exclude any minimum liability imposed by statute.
  8. This Clause 10 shall continue to apply notwithstanding termination of the Customer’s Contract for any reason whatsoever or howsoever arising.
  9. For the avoidance of doubt, any limitation or exclusion of liability under these terms and conditions shall only be to the extent permitted by law. Nothing in the Conditions shall limit or exclude Vodafone’s liability to the Customer for personal injury, death or fraudulent misrepresentation.

11. Termination

  1. Neither party may terminate the Contract during any applicable Minimum Period (if applicable) other than as provided herein. Should the Customer terminate its Contract prior to the end of any applicable Minimum Period, the Customer shall be liable for the Termination Charge and authorises Vodafone to debit the Termination Charge from the Customer's bank account in accordance with clause 2.4 above.
  2. Where the customer has availed of a discount or other promotion relating to the Agreement and terminates within the Minimum Period an amount equal to the value of any such promotion or discount, pro rated to the unexpired portion of the Minimum Period may at Vodafone’s discretion be reckonable for the purposes of calculating the Termination Charge.
  3. After the Minimum Period or, if there is no Minimum Period, at any time, either party may terminate the Service on giving the other thirty (30) days written notice.
  4. The Contract shall automatically terminate on termination of Customer’s voice (i.e. home telephone) package with Vodafone and clause 11.1 shall apply if such termination occurs during the Minimum Term.
  5. Vodafone shall be entitled to terminate the Contract and cease providing the Service forthwith without notice (giving only retrospective notice) if:
    1. The Customer is in material breach of the Conditions (including non-payment of the Charges in accordance with the Code of Practice);
    2. The Customer is in breach of any term of the Conditions and has failed to remedy such breach within 30 days of a notice from Vodafone requiring the Customer to remedy such breach;
    3. The Customer is in breach of clause 7;
    4. any information supplied by the Customer to Vodafone is false or misleading;
    5. Vodafone is obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organisation or other competent authority;
    6. the Customer is suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service;
    7. the Customer dies, becomes mentally ill or becomes the subject of bankruptcy or insolvency proceedings in any jurisdiction or has become unable to pay its debts as they fall due.
  6. Vodafone shall be entitled to terminate the Contract immediately by giving the Customer notice if any event of Force Majeure continues for a period of thirty (30) days or longer (see clause 4.1 of the Standard Terms and Conditions).
  7. If, on termination, any Charges are outstanding, Vodafone may continue to bar the Customer’s line following termination until all Charges have been paid up to date by the Customer.
  8. The termination or suspension of the Service or default of the Customer hereunder shall not affect the accrued rights and obligations of the parties under the Conditions. Any terms which expressly, or by implication, are intended to survive termination of the Customer’s Contract shall continue to bind the parties following such termination.
  9. Without prejudice to the generality of clause 11.7, on termination of the Contract, all Charges accrued by the Customer shall become immediately due and payable and, following termination, the Customer shall continue to pay the Charges accrued during the term of its Contract in accordance with Clause 9 hereof.
  10. On termination, the Customer shall return any Equipment received from Vodafone in respect of the Service to Vodafone.
  11. Where this Agreement is terminated by the Customer for the purposes of transferring its service to another authorised operator the transfer shall not come into effect until such time as the Customer has paid to Vodafone all charges due and owing, up to the date of termination together with all other charges arising from such termination
    Email, storage and other facilities
  12. Vodafone may provide email and/or storage and/or other facilities in association with Service. The Customer accepts that such facilities are not electronic communications services or products. Vodafone does not warrant that such facilities will meet the needs of the Customer nor does it guarantee the availability of such facilities. The terms and conditions for the use of these facilities are as set out on www.vodafone.ie.
    Third Party Services
  13. You may be able to use the Services:
    a) to upload, email or transmit content using the Services; and
    b) to access content which is branded or provided by others and to acquire goods and services from others. Where such access is provided, Vodafone’s role is limited to transmitting content to you and Vodafone does not exercise control over the content, goods or services. Vodafone is not responsible or liable in any way for, and does not endorse, any of this content, goods or services.

Vodafone Landline & Fixed Broadband Services

Validity: Pre 24th October 2009


A. Standard Terms and Conditions

The following standard terms and conditions shall apply to all Vodafone landline and fixed broadband services and including but not limited to Vodafone At Home and Vodafone Office and the following words shall have the following meanings:

Definitions

  • Access Provider - means the company which provides the Customer's telephone line(s) and associated telephone number(s), from which Vodafone rents such line(s) and number(s);
  • COMREG - means the Commission for Communications Regulation which is the national regulatory authority for the electronic communications market in Ireland;
  • Cooling-Off Period - has the meaning set out in clause 2.1;
  • Customer - means the person(s) using the Service whose details are provided in the Customer Application for the Service or who being an organisation enters into this Agreement by virtue of the completion and signing of the Customer Application by an authorised signatory of the organisation;
  • Customer Application - means the Customer’s application for the Services whether in writing, on-line or via TPV (as described below);
  • Customer Authorisation Form - means a form completed by the Customer to approve the provision of the Service and which contains information as set out in Annex B of the Single Billing Code of Practice. This information may also be captured via TPV or sign up over the Internet;
  • Data Protection Legislation - means the Data Protection Acts 1988 and 2003 and any amendment, replacement or supplement thereto, from time to time;
  • Equipment - means a telephone, modem or other equipment of the Access Provider or Vodafone that is located on the Customer's premises;
  • Fair Usage Policy - means the fair usage policy for Vodafone fixed line and DSL services set out in the Tariff Sheet;
  • Minimum Period - means a period of twelve (12) months commencing on the Start Date in respect of any Service;
  • Network - means the telecommunications system used by Vodafone for the provision of the Service pursuant to its General Authorisation granted under Regulation 8 of the European Communities (Electronic Communications Networks and Services) Regulations, 2003;
  • Start Date - means the “go-live” date from which your account will become active and Vodafone will commence providing the Services. Vodafone will communicate an estimated Start Date to you in advance but this date is not guaranteed;
  • Tariff Sheet - means the Vodafone landline and DSL broadband pricing guide as may be amended by Vodafone from time to time in accordance with clause 9.2 of the Standard Terms and Conditions and which is available at www.vodafone.ie;
  • Telecommunications Scheme - means the Eircom Telecommunications Scheme, 2003;
  • Third Party Verification or TPV - means the independent process of verifying a Customer's consent and obtaining the information from the Customer required to approve the provision of the Service. It is conducted via telephone, with a recording of the call serving as a record of the Customer's consent;
  • Third Party Service - means any service promoted or provided by third parties to the Customer over the Network;
  • Vodafone, we or us - means Vodafone Ireland Limited, MountainView, Leopardstown, Dublin 18 being the provider of the Service under the Agreement;
  • Vodafone Agent - means any third party authorised to promote and sell Services or carry out business activities on Vodafone’s behalf.

1. General

  1. These Terms and Conditions together with the application form and the terms and conditions of any applicable Service options, tariff plans or promotions constitute a legally binding agreement (the "Agreement") between Vodafone and the Customer. This Contract shall commence when Vodafone accepts the Customer's application and connects the Customer to the Network for either Fixed Line or Fixed broadband service, whichever is the earlier. Please note that various related Vodafone products and services including Add Ons and Third Party Services may be subject to additional terms and conditions which you are advised to read.
  2. Vodafone may vary or change the Agreement for any commercial, technical or operational reason and any material changes shall be notified to the Customer in advance. Please note that Vodafone Agents are not authorised to amend this Contract or to agree any provision which is inconsistent herewith.
  3. This Contract is personal to the Customer. The Customer shall not, except with Vodafone’s written consent or in accordance with Vodafone’s standard transfer procedures, assign or otherwise transfer the Agreement in whole or in part.
  4. Connection to the Network shall be conditional on:-
  1. the Customer having and maintaining a credit rating satisfactory to Vodafone and providing Vodafone with such financial security as it reasonably requires;
  2. the Customer providing valid proof of identity/address and such evidence of residency in Ireland as Vodafone may require;
  3. the Customer being over eighteen (18) years of age (if personal application);
  4. truthful and accurate completion of the application form by the Customer and the provision of such other information as Vodafone may for any valid reason request.
  1. Any waiver, concession or extra time permitted by Vodafone is limited to the specific circumstances in which it is given and does not affect the rights of Vodafone under this Agreement in any other way. This Agreement is governed and construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the Courts of Ireland. Any reference to any legislative act or provision shall, unless the context otherwise requires, be considered as a reference to such act or provision as amended, re-enacted or replaced.
  2. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision(s) in question shall not be affected thereby.
  3. A copy of Vodafone’s Code of Practice shall be available from Vodafone upon request.

2. Customer Right of Cancellation

  1. The Customer shall have the right to cancel the Service without penalty (subject to clause 2.2 below) within fourteen (14) days of placing an order with Vodafone (“Cooling-Off Period”) by giving Vodafone notice in writing during the Cooling-Off Period that it wishes to (i) disconnect its line; or (ii) transfer to the Access Provider or another operator (in which case it must also notify the Access Provider or other operator during the Cooling-Off Period).
  2. If the Customer exercises the right of cancellation set out in clause 2.1 above, the Customer shall be liable for any Charges for usage (including line rental and call charges) actually incurred up to and including the date of disconnection (which shall be no later than 72 hours after receipt of notice of cancellation), or, in the case of transfer to the Access Provider or another operator, up to and including the effective date of such transfer, and for any costs incurred in the return of the Equipment. Vodafone shall refund any remaining Charges which have been paid in advance by the Customer in respect of the Service.

3. Suspension/Barring of the Service

  1. Without prejudice to any of its rights of termination under clause 2 above, Vodafone reserves the right to temporarily bar, suspend, restrict, and/or disconnect the Customer’s use of the Service (collectively “suspension”) at any time for non-payment of the Charges (in accordance with the terms of Vodafone’s Code of Practice) or for any other breach of this Agreement whatsoever. Vodafone shall use reasonable endeavours to contact the Customer, but shall not be obliged to contact the Customer, prior to any such suspension of the Service.
  2. Vodafone shall be entitled to maintain suspension of the Service under clause 3.1 until any breach is remedied to Vodafone’s satisfaction.
  3. If the Service is suspended in accordance with this Agreement, the Customer will be able to make emergency calls only.
  4. The Customer shall remain liable to pay the Charges throughout any period of suspension of the Service.
  5. Vodafone shall be entitled to charge a reconnection fee as set out in the Tariff Sheet from time to time on reconnection of a Customer following any temporary period of suspension under clause 34.1.
  6. Vodafone may suspend the Service from time to time, without liability, for the alteration, improvement or maintenance of the Network or the Services.

4. Force Majeure

Neither party shall be held in breach of its obligations hereunder (except in relation to
obligations to make payments) nor be liable to the other party for any loss or damage which may be suffered by the other party due to any cause beyond its reasonable control including, without limitation, failure of the Access Provider’s networks or services, any act of God, failure, interruption of power supplies, flood, drought, lightning or fire, strike, lockout, trade dispute or labour disturbance, acts or omissions of Government, highway authorities or other circumstances beyond the control of the parties (“Force Majeure”).

5. Assignment

  1. Vodafone may assign this Agreement without consent provided that any Assignee shall be bound by the same obligations as Vodafone under this Agreement.
  2. The Customer shall not assign this Agreement in whole or in part without the prior written consent of Vodafone.

6. Waiver

  1. Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right and does not operate so as to bar the exercise or enforcement thereof, or of any such right or any other right on any later occasion.
  2. Any deficiency in the Customer's authority to avail of the Service or to use the Equipment shall not preclude reliance by Vodafone on any of its rights under this Agreement.

7. Notice

  1. Vodafone shall send all notices to the Customer (i) in writing to the Customer's billing address as provided on registration; and/or (ii) on the Customer's bill; and/or (iii) by placing same on the Vodafone website; and/or (iv) via national newspapers.
  2. The Customer shall send all notices to the address that appears on the last written correspondence regarding Vodafone At Home or Vodafone Office services sent by Vodafone to the Customer or such other address as may be prescribed by Vodafone for the purpose.
  3. Notice given by post or via the Vodafone website shall be deemed served 48 hours after posting or on earlier proof of delivery. Notice given by Vodafone in national newspapers shall be deemed served on the date of publication.

8. Use of Information

  1. Vodafone shall process your personal data (as defined in the Data Protection Legislation) in accordance with the Data Protection Legislation.
  2. Any information obtained by Vodafone through an application for or the use of the Service may be accessed and used by Vodafone and its Affiliates, agents and sub-contractors for the purposes of credit references, accurate billing and efficient operation of the Service, including disclosure to and retention by the Access Provider in connection with the operation, suspension and/or termination of the Service and for the insertion, change and deletion of the SB-WLR Customer Listing by Vodafone and/or the Access Provider. The Customer shall be deemed in accepting these terms and conditions to have given consent for the use of his information for such purposes. The use of such information for purposes other than those outlined in this Agreement shall be subject to the Customer's consent as given in its Customer Application and the Customer Authorisation Form.
  3. Vodafone may use Customer’s contact details from time to time to contact Customer about Vodafone promotions, products or services which may be available to Customer or to send Customer details of such promotions, products or services. Customer may indicate in its Customer Application or contact Vodafone at any time at that it does not wish to receive such communications.

9. Miscellaneous

  1. This Agreement (comprising these terms and conditions, the Tariff Sheet, the Customer Application and Vodafone’s Code of Practice), constitute the entire agreement between the parties in relation to the Service and, for the avoidance of doubt, supersede any terms which may have governed the provision of the CPS Residential Calling Service to the Customer. In the event of conflict between any of the documents incorporated in this Agreement, the following order of precedence shall apply:
    1. These terms and conditions
    2. The Tariff Sheet
    3. Vodafone Code of Practice
    4. The Customer Application
  2. Vodafone reserves the right to alter any terms of this Agreement for legal, technical, operational or commercial reasons, or to terminate any package or change its tariffs, on giving fourteen (14) days’ notice to the Customer. Notwithstanding any other provision of this Agreement, Vodafone shall give notice for the purposes of this clause by either publishing notice in a national newspaper, publishing notice on its website or by notifying the Customer in writing or any combination of the foregoing. In the event of any such alteration, the Customer shall have the ability to terminate the Service without penalty during the notice period, subject to payment by the Customer of all Charges due to date.
  3. Any dispute that arises in relation to this Service shall be dealt with in accordance with the dispute process contained in the section entitled "Code of Practice" as amended from time to time on www.vodafone.ie. For the avoidance of doubt, the Customer's obligations under this Agreement, including payment obligations, shall not be effected for the duration of the complaint resolution.
  4. If any provisions of the Agreement are held to be unenforceable, illegal or void in whole or in part the remaining portions of the Agreement (and the remaining portion of such provisions shall remain in full force and effect.
  5. This Agreement shall be governed by and construed in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish Courts.

B. Fixed Line Phone Terms and Conditions

The Standard Terms and Conditions shall apply, in addition the following words shall have the following meanings:

Definitions

  • Agreement - means the Standard Terms and Conditions, these terms and conditions, the Tariff Sheet (including Vodafone’s tariffs for the Service) as amended from time to time, and the Customer Application (including the Customer Authorisation Form) which together constitute a legally binding agreement between the Customer and Vodafone;
  • Call Management Services - has the meaning assigned to such term in the Tariff Sheet;
  • Call Management Services Charges - are the charges applicable to the Call Management Services as specified in the Tariff Sheet;
  • Carrier Pre-Selectionor CPS - means the service whereby the Customer is able to pre-select a service provider other than eircom to carry his/her calls for national calls and/or international calls or "All Calls" (i.e. all calls except for calls to emergency numbers 999 and 112, calls to codes 199 and to those starting with 13 and 17), in accordance with Decision Notices D2/99 and D13/99 of COMREG. For the avoidance of doubt in selecting the Vodafone Service, the Customer accepts that they are selecting the "All Calls" option for the purpose of SB-WLR as defined below;
  • Charges - means all charges payable to Vodafone for the Service as specified in the Tariff Sheet and includes, without limitation, the Line Rental Charges, Equipment charges and Call Management Services Charges;
  • Customer - means the person(s) using the Service whose details are provided in the Customer Application for the Service or who being an organisation enters into this Agreement by virtue of the completion and signing of the Customer Application by an authorised signatory of the organisation;
  • DSFA - means the Department of Social and Family Affairs;
  • DSFA Scheme - means the DSFA telephone allowance scheme operated by the DFSA from time to time, to which Vodafone shall adhere to in charging a Customer who is eligible under the scheme;
  • Line Rental Charges - means the charges for telephone line rental as specified in the Tariff Sheet;
  • National Directory Database or NDD - means the record of all subscribers of publicly available telephone services in the State, including those with fixed, personal and mobile numbers, who have not refused to be included in that record;
  • Service - means the SB-WLR service (as defined below) requested by the Customer in the Customer Application. The Service does not facilitate the provision by Vodafone to the Customer of the Single Billing Product Exclusions;
  • Single Billing through Wholesale Line Rental or SB-WLR - means the facility which, through use of CPS "All Calls" Option, enables Vodafone to provide a single bill to the Customer covering all aspects of voice services, at rates Vodafone determines, where voice services means all telephone lines (PSTN/ISDN), Equipment, calls and Call Management Services, unless otherwise excluded herein;
  • Single Billing Code of Practice - means the Code of Practice developed for the purpose of SBWLR and approved by COMREG, as same may be amended from time to time, a copy of which can be viewed on the www.eircomwholesale.ie website or can be obtained by writing to Legal Department, Vodafone, MountainView, Leopardstown, Dublin 18;
  • Single Billing Product Exclusions - means those services which the Access Provider, and not Vodafone, will continue to offer the Customer from time to time, which includes eircom Charge Card, eircom i-stream, High Value CPE, spread payment contracts (for equipment purchase) and eircom discount schemes, as same may be amended from time to time;
  • Start Date - means the date on which the Voice Package is activated;
  • Termination Charge - has the meaning set out in clause 2.5;
  • Voice Package - means any landline service comprising line rental with or without inclusive free calls.

1. Commencement of Service and Minimum Term

  1. This Agreement shall commence and the Customer shall be deemed to have accepted that he/she is bound by, and has agreed to comply with, the terms of this Agreement (as defined above) on the Start Date, or on the date of expiry of the Cooling-Off Period, whichever is the earlier.
  2. The Customer warrants that all information and details provided by the Customer to Vodafone in his/her Customer Application are true and accurate and the Customer shall advise Vodafone immediately in writing or by contacting the Vodafone Customer Care team at 1907 -  for bill pay customers and 1747 (from a mobile)  or 1850 20 40 20  (from a landline) for pay as you go customers - of any changes to that information.
  3. The Service will commence on the Start Date and will continue until cancelled, suspended, or terminated in accordance with clause 9, subject to any applicable Minimum Term.
  4. The Customer’s Contract for any Voice Package is for a Minimum Term of twelve (12) months from the Start Date, unless the Customer cancels during the Cooling-Off Period in accordance with clause 2.1 of the Standard Terms and Conditions.
  5. If the Customer terminates its Contract after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the “Termination Charge”) as specified in the Tariff Sheet.

2. Service

  1. This Agreement, in respect of Vodafone At Home, applies in respect of the provision of the Service for a home phone line. The details of any limits on usage of the Service (including the Fair Usage Policy) are set out in the Tariff Sheet. The Customer agrees that it is entering into this Agreement for personal use of the Service and is not acting in the course of its business, trade or profession which involves the participation of more than three (3) individuals (or employees).
  2. Provision of the Service by Vodafone shall be conditional on receipt by Vodafone of a completed Customer Authorisation Form or the required authorisation being captured via TPV, or the Customer having signed up over the Internet in accordance with Vodafone’s procedures and these terms and conditions.
  3. Each Customer Application for the Service shall be deemed to be in respect of individual telephone lines and not the Customer's entire telephone account, unless otherwise specified in the Customer Application. The Customer must specify in the Customer Application each individual telephone line in respect of which it wishes to have SB-WLR applied.
  4. The Customer accepts and acknowledges that (i) the Access Provider shall bar access to all carrier selection and carrier access codes on telephone lines that have Single Billing Service applied and (ii) override codes are not available for use by the Customer in conjunction with the Service (i.e. a Customer cannot access another operator’s network in making calls through use of a prefix). The Customer accepts that Vodafone shall have no liability for any losses or damages howsoever arising from non-provision of the Service in the event that such restrictions are not accepted by the Customer.

3. Vodafone Landline Packages

Vodafone shall provide the tariff package specified by the Customer in the Customer Application. The tariff package shall be subject to the terms and conditions as may be set out in the Tariff Sheet from time to time.

4. Customer Care

  1. Vodafone customer care numbers are 1907 for bill pay customers and 1747 (from a mobile)  or 1850 20 40 20  (from a landline) for pay as you go customers.
  2. Vodafone customer care policy is set out at www.vodafone.ie.
  3. The Customer shall contact Vodafone in the event that it wants to alter any aspect of the
  4. Service, including, but without limiting the generality of the foregoing, the addition of a telephone line, changes to a telephone line, changes in the Call Management Services and changes in the Customer's premises where the Service is provided.

5. Payment

  1. The Customer will receive one bill from Vodafone for all Charges incurred by the Customer in respect of this Service. The Customer will continue to be billed separately by its Access Provider for any Single Billing Product Exclusions. The Landline Line Rental and Equipment rental charges shall be paid monthly in advance.
  2. Vodafone's tariffs for the Service are stated in the Tariff Sheet which forms part of the Agreement. Vodafone shall provide an online bill to the Customer as default for the Service. The Customer may request a paper copy of the bill.
  3. All sums due to Vodafone shall be paid in full by the Customer by the due date for payment set out in the Vodafone invoice. In order to avail of the Service, the Customer agrees to pay by cash and cheque direct debit, credit or debit card in the manner prescribed on the Vodafone invoice.
  4. Prior to taking payment from Credit / Debit card paying customers, Vodafone may first reserve funds on the Customer’s card equal to the total due at that date. Vodafone may also reserve a nominal amount on customer's card in order to validate card details. This amount shall not exceed €0.02 and will not be removed from Customer’s account.
  5. Should the Customer disagree with any charges shown on the Customer’s bill, the Customer is requested to lodge a complaint in accordance with Vodafone’s Code of Practice, prior to the due date for payment. Notwithstanding any complaint, all invoiced amounts shall be paid on the invoice due date pending the outcome of the complaints procedure. If, following the complaints procedure, it is established that the charges on any invoice are incorrect, Vodafone shall credit any overpayment to the Customer’s account.
  6. Save in the case of manifest error by Vodafone, all charges shall be calculated by reference to the data recorded or logged by Vodafone. Vodafone's determination in respect thereof is final.
  7. As some usage takes longer to rate, notwithstanding any other clause herein, the Customer may, at any time, be billed for charges incurred in a prior billing period.
  8. A residential Customer's eligibility under the DSFA Scheme shall be indicated by the residential Customer when applying for the Service or where a Customer becomes eligible for the DSFA Scheme during receipt of the Service the residential Customer shall notify Vodafone of such eligibility as soon as the residential Customer becomes so aware. In the event that it is determined that the residential Customer is not, or has not been, eligible for the DSFA Scheme, the residential Customer acknowledges and agrees that, without prejudice to any other rights or remedies that Vodafone may have under this Agreement or otherwise, any DSFA Scheme credits improperly awarded to the residential Customer may be recouped by Vodafone in a subsequent invoice from Vodafone to the residential Customer whether during or after the term of this Agreement.

6. Use of the Service

  1. The Customer undertakes not to use or permit others to use the Service or the Equipment:
    1. for business purposes to sell on or supply the Service to anyone on a commercial basis;
    2. for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Service;
    3. in any way that may cause degradation of service levels to other customers as determined by Vodafone or put the Network at risk;
    4. to send unsolicited commercial communications or promotional material;
    5. for the communication, transmission, publication, transmission, distribution or dissemination of any material which is, may be or is intended to be a hoax or is of a defamatory, offensive, abusive, obscene, indecent or menacing nature or in breach of any intellectual property right; or
    6. otherwise in any manner which does not comply with the terms of any applicable law, legislation, regulation, direction or any licence or authorisation applicable to the Customer or any instructions given by Vodafone from time to time.
  2. The Customer hereby agrees to avail of the Service subject to the provisions of any legislation, regulations, bye-laws or codes of practice applicable to such use.
  3. The Customer shall ensure that all persons having access to the Service or the Equipment comply with this Agreement.
  4. The Customer shall ensure that all Equipment is maintained and kept in good working order.
  5. The Customer shall comply with all reasonable instructions given to the Customer by Vodafone in relation to the use of the Service.
  6. The Customer shall indemnify and hold Vodafone harmless against all liabilities, claims, damages, losses, expenses and proceedings howsoever arising from or in any way connected with the use of the Service and/or the Equipment and/or any breach of this clause 7 by the Customer.

7. Liability

  1. Vodafone shall use reasonable endeavours to ensure that the Service is available for use by the Customer in accordance with the standards for the time being relating to the Service as set out in Vodafone’s Service literature, but shall not be liable for any delay, failure, interruption, or deterioration therein, howsoever arising.
  2. Vodafone shall make reasonable efforts to prevent unauthorised access to the Service by third parties but shall have no liability to the Customer for any loss or damage caused by unauthorised third party access to Services or the Equipment.
  3. Save as expressly provided herein, Vodafone disclaims all representations, warranties, guarantees, terms or conditions of any kind, whether express or implied, including but not limited to implied undertakings regarding quality of service implied under Section 39 of the Sale of Goods and Supply of Services Act, 1893 and 1980, to the fullest extent permitted by law and the customer agrees that is fair and reasonable.
  4. Under no circumstances shall Vodafone be liable for any loss or damage arising as a result of:
  1. the failure of the service or equipment due to the incompatibility of the service with any equipment not supplied by Vodafone;
  2. the acts and omissions of other telecommunication operators (including the access provider); or
  3. breach in the security or privacy of messages transmitted using the service provided by us unless the breach results from the wilful default of Vodafone or its employees.
  1. Under no circumstances shall Vodafone be liable to the customer or any third party whether under contract, tort, statute or otherwise, for any indirect, economic, special or consequential loss, loss of profits, loss of data or loss of use of data, howsoever arising as a result of the customer’s use of the service or the equipment or otherwise in connection with this agreement.
  2. Without prejudice to the exclusions of liability set out in this clause, Vodafone’ entire aggregate liability to the customer or any third party for any and all claims, howsoever arising out of or in connection with this agreement and whether under contract, tort, statute or otherwise, shall not exceed the lesser of (i) the total charges paid by the customer to Vodafone in the 12 months prior to the date of the last event giving rise to such claim(s) and (ii) €1,000, provided that this shall not operate to exclude any minimum liability imposed by statute.
  3. This Clause 8 shall continue to apply notwithstanding termination of this Agreement for any reason whatsoever or howsoever arising.
  4. Any limitation or exclusion of liability under these terms and conditions shall only be to the extent permitted by law. Nothing in this Agreement shall limit or exclude Vodafone’s liability to the Customer for personal injury or death.

8. Termination/Transfer of Service

  1. Save where a Customer exercises its right of cancellation under clause 2 of the Standard Terms and Conditions, or as otherwise expressly provided in the Code of Practice, monthly Charges which are required to be paid in advance by the Customer shall not be refunded on termination of this Agreement for any reason.
  2. Without prejudice to its right of cancellation under clause 2.1 of the Standard Terms and Conditions, the Customer may transfer the provision of the Service at any time either without notice, by procuring the transfer of the relevant telephone line to the Access Provider or another operator.
  3. Neither party may terminate the Contract during any applicable Minimum Period (if applicable) other than as provided herein. Should the Customer terminate its Contract after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the “Termination Charge”) as specified in the tariff sheet, and authorises Vodafone to debit the Termination Charge from the Customer's bank account in accordance with clause 2.5
  4. After the Minimum Period or, if there is no Minimum Period, at any time, either party may terminate the Service on giving the other thirty (30) days’ written notice.
  5. The Customer must contact the Access Provider or other operator to transfer its line under clauses 2.1 of the Standard Terms and Conditions or clause 9.2 above and termination shall only take effect once any such transfer has occurred. The Customer acknowledges that Vodafone shall continue to provide the Service and the Charges shall continue to apply pending any such transfer.
  6. Vodafone shall be entitled to terminate this Agreement and cease providing the Service forthwith without notice (giving only retrospective notice) if:
  1. the Customer is in material breach of this Agreement (including non-payment of the Charges in accordance with the Code of Practice);
  2. the Customer is in breach of any term of this Agreement and has failed to remedy such breach within 30 days of a notice from Vodafone requiring the Customer to remedy such breach;
  3. the Customer is in breach of clause 7;
  4. the Customer uses the Equipment otherwise than as permitted under this Agreement;
  5. any information supplied by the Customer to Vodafone is false or misleading;
  6. Vodafone is obliged to comply with an order, instruction or request of Government, COMREG, an emergency service organisation or other competent authority;
  7. the Customer is suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service; or
  8. the Customer dies, becomes mentally ill or becomes the subject of bankruptcy or insolvency proceedings in any jurisdiction or has become unable to pay its debts as they fall due.
  1. Vodafone shall be entitled to terminate this Agreement immediately by giving the Customer notice if any event of Force Majeure continues for a period of thirty (30) days or longer.
  2. Vodafone shall be entitled to effect termination under clauses 9.6 or 9.7 either by disconnecting the Customer or by transferring the Customer back to the Access Provider.
  3. If, on termination, any Charges are outstanding, Vodafone may continue to bar the Customer’s line following termination until all Charges have been paid up to date by the Customer.
  4. The termination or suspension of this Agreement or default of the Customer hereunder shall not affect the accrued rights and obligations of the parties under the Agreement.
  5. Without prejudice to the generality of clause 9.9, on termination of the Agreement, all Charges accrued by the Customer shall become immediately due and payable and, following termination, the Customer shall continue to pay the Charges accrued during the term of the Agreement or Minimum Term in accordance with Clause 6 hereof.
  6. On cancellation or termination of this Agreement, any other agreement between Customer and Vodafone in respect of the same line shall automatically terminate.

C. Vodafone DSL Terms and Conditions

The Standard Terms and Conditions shall apply, in addition the following words shall have the following meanings:

Definitions

  • Access Details - shall mean the username and password identity given exclusively to the Customer for the purposes of gaining access to the Network;
  • Authorised User - shall mean anyone registered by the Customer as authorised to use the Service;
  • Broadband Access Server - means a remote access server which is used for the Service.
  • Charges - means the Connection Charge and all charges for the Service under the Customer’s Package, as set out in the Tariff Sheet including any flat rate monthly charges and any applicable additional usage charges;
  • Conditions - means these terms and conditions, the Tariff Sheet (including Vodafone's tariffs for the Service) as amended from time to time, the Customer Application (including the Customer Authorisation Form) and the Vodafone Code of Practice which together constitute a legally binding agreement between the Customer and Vodafone;
  • Connection Charge - means a one off charge for connection to the Service as may be set out from time to time in the Tariff Sheet;
  • Contract - means the contract between you and Vodafone to pay for and receive the Service (as specified in your Customer Application), in accordance with the Conditions;

  • Customer Access - means the physical network (including the metallic pair) between the Broadband Access Server and a Customer's Site;
  • Customer Equipment - means all computer hardware, software, cabling, apparatus and facilities provided by the Customer.
  • Customer Information - means all content, including any data, information, video, graphics, sound, music, photographs, software and any other materials (in whatever form) transmitted, published, disseminated, distributed or otherwise made available by or on behalf of the Customer, via e-mail, website or otherwise, using the Service;
  • Internet Connection - shall mean the Customer's connection with the Network;
  • Internet Standards - shall mean the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any other applicable protocols and standards;
  • ISP - means an Internet Service Provider;
  • Monthly Download Allowance - means the amount of download allowed for Broadband at no additional cost to the fixed monthly charges as specified in the Tariff Sheet.
  • Network - means the telecommunications system used by Vodafone for the provision of the Service pursuant to its General Authorisation granted under Regulation 8 of the European Communities (Electronic Communications Networks and Services) Regulations, 2003;
  • Package - means any Internet service package as offered by Vodafone set out in the Tariff Sheet from time to time;
  • Service - means the Vodafone residential broadband Internet service to be provided by Vodafone in accordance with the Package selected by the Customer in the Customer Application;
  • Service Availability Area - means the area within 4.5 kilometres from the local telephone exchange, or such other area as may be specified by Vodafone from time to time;
  • Site(s) - means the property (properties) where Vodafone agrees to provide the Service;
  • Software - means any software provided by Vodafone to enable the Customer to access or use the Service;
  • Termination Charge - has the meaning set out in clause 2.4.

1. Duration of Service and Minimum Term

  1. 2.1 The Conditions shall govern the relationship between Vodafone and the Customer in all matters relating to the Service.
  2. The Service will commence on the Start Date and will continue until cancelled, suspended, or terminated in accordance with clause 11 subject to any applicable Minimum Term.
  3. The Customer’s Contract for any broadband Package is for a Minimum Term of twelve (12) months from the Commencement Date, unless the Customer cancels during the Cooling-Off Period.
  4. If the Customer terminates its Contract after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the “Termination Charge”) as specified in the tariff sheet.
  5. Vodafone will use its reasonable efforts to install the Service by the date that it agrees with the Customer, but all dates are estimates and Vodafone cannot guarantee that it will meet such dates.

2. Customer Warranties and Pre-Conditions to Provision of the Service

  1. On applying for the Service, the Customer shall be deemed to have obtained the authority of the person who leases the physical telephone line(s) across which the Service is provided.
  2. The Contract is for the provision of the Service for a landline & fixed broadband Internet connection or a landline only package.
  3. The Customer warrants that all information and details provided by the Customer to Vodafone in his/her Customer Application are true and accurate and the Customer shall advise Vodafone immediately of any changes to that information.
  4. The provision of the Service shall be subject to the following pre-conditions:
    1. the Customer must have their landline line rental with Vodafone;
    2. the Customer’s landline line must be within the Service Availability Area (which may be extended by Vodafone from time to time by giving notice on its website);
    3. the Customer must have an analogue direct exchange line, which terminates on a master socket forming part of the PTSN network;
    4. if the Customer has any type of phone monitored home/ business alarm system on their phone line, provision of the Service will be conditional on a splitter being installed on the line and the Customer will need to contact their alarm service provider to ensure that a splitter is installed;
    5. Vodafone must be satisfied, that it is technically feasible to produce a quality service on the Customer’s line in all applicable conditions;
    6. receipt by Vodafone of a completed Customer Authorisation Form or the required authorisation being captured via TPV, or the Customer having signed up over the Internet in accordance with Vodafone’s procedures;
    7. the Customer’s line must pass all pre-qualification testing carried out by Vodafone and/or the Access Provider and the line must be capable of activation for the Service at the exchange; and
    8. the Customer Equipment must meet any minimum requirements specified by Vodafone to the Customer prior to the Start Date either in writing or during the Customer’s TPV application.
  5. If the customer has an ISDN line, provision of the Service shall be conditional on the customer getting the line downgraded to an analogue line in accordance with clause 3.4.3 and the Customer will need to contact its provider in this regard.
  6. In the event that the Customer wants to alter any aspect of the Service, including, but without limiting the generality of the foregoing, upgrades to a telephone line, the addition of a telephone line, change in call features, changes in the Customer’s premises where service is provided Vodafone will use its reasonable efforts but cannot guarantee to meet such.
  7. If any of the pre-conditions 3.4.1 to 3.4.8 are not satisfied prior to the proposed Start Date, Vodafone shall be entitled to terminate the Contract, without liability, immediately by giving notice to the Customer.
  8. In the event that, for technical reasons, the Service cannot be activated on a Customer’s line, notwithstanding that the pre-conditions set out above may be satisfied, Vodafone shall be entitled to terminate the Contract immediately by giving notice to the Customer and neither Party shall have any liability to the other. The Customer shall not be obliged to pay the Connection Fee in such circumstances.

3. Service

  1. The details of each Package, any limits on data usage (including the Fair Usage Policy) are set out in the Tariff Sheet. The connection speed and Monthly Download Allowance and the Fair Usage Policy for each Package are set out in the Tariff Sheet.
  2. The Customer acknowledges that the bit rates in respect of the Service as indicated by Vodafone, may be reduced by contention within the Network from time to time and these speeds are not guaranteed. Speeds indicated are line speeds and not data transfer speeds.
  3. The fixed broadband Service is a Digital Subscriber Line or “DSL” Service which provides a dedicated digital circuit between a customer premises and a PSTN telephone exchange allowing high speed data transfer over existing twisted copper telephone lines. It is a single user service and as such the Customer will require a modem for connection to the Service.
  4. Vodafone shall provide the Customers with Access Details.
  5. Each Customer Application for the Service shall be deemed to be in respect of individual telephone lines and not the Customer's entire telephone account, unless otherwise specified in the Customer Application. The Customer must specify in the Customer Application each individual telephone line in respect of which it wishes to have the Service applied.
  6. For technical, operational and commercial reasons Vodafone shall be entitled to vary the Service and any aspect thereof at any time. Where practicable, Vodafone shall provide notice of any such change in accordance with clause 9.2 of the Standard Terms and Conditions.

4. Provisioning/Installation of the Service

During the provisioning of the Service the Customer may experience a temporary loss of its analogue direct exchange line service and Vodafone shall not be held liable to the Customer for any losses or damages howsoever arising during such period.

5. Equipment

  1. Any Customer Equipment must be connected and used in accordance with any instructions and any safety or security procedures applicable to the use of such equipment, and must be technically compatible with that Service and approved for that purpose under any relevant legislation.
  2. The Customer shall be responsible for use of the Customer Equipment in connection with the Service and Customer agrees that access to the Internet is at Customer’s own risk and subject to all applicable laws. Vodafone advises all Customers to install an appropriate Internet security solution on the appropriate Customer Equipment but Vodafone shall have no liability to Customer for any loss or damage arising from installation, use or non-use of such software.
  3. The Customer may use its own modem to access the Service. If the customer selects a Modem from Vodafone when ordering a fixed Broadband package a once off charge shall apply as may be set out from time to time in the Tariff Sheet.
  4. If the Customer uses Customer Equipment for access to the Service, Vodafone shall no way support this equipment or make any assurances as to the quality of Service through use of the Customer Equipment and shall be in no way responsible for any damage done to the Customer Equipment or the Service as a result.

  5. If the Customer selects a replacement modem outside of the 12 month warranty period a charge may be applicable as set out therein.
  6. The Customer shall be responsible for installation of the Equipment provided by Vodafone in accordance with Vodafone’s instructions. Vodafone shall have no obligation to install Equipment.
  7. On termination of the Contract, or at any time on reasonable request by Vodafone, the Customer shall return all Equipment received from Vodafone to Vodafone.

 

6. Customer use of Service

  1. The Customer may use the Service for consumer, domestic and/or personal purposes or in the course of a trade, business or profession
  2. Where a Customer avails of a promotional offer, subject to eligibility and availability, the terms and conditions of the respective offer shall apply for the time limit specified.
  3. The Customer undertakes not to use or permit others to use the Service or the Equipment (including, without limitation, in any e-mails, or Customer Information made available on the Internet):
    1. for business purposes to sell on or supply the Service to any one on a commercial basis;
    2. for any improper, immoral or unlawful purpose, or to cause any nuisance by the use of the Service;
    3. in any way that may cause degradation of service levels to other Customers as determined by Vodafone or put the Network at risk or which otherwise makes abnormal demands on the service or Vodafone's network or facility from a single connection;
    4. to transmit unsolicited commercial communications or promotional material;
    5. for the communication, transmission, publication, distribution or dissemination of any material which is, may be or is intended to be a hoax or is of a defamatory, offensive, abusive, obscene, indecent or menacing nature or which is in breach of any intellectual property right(s);
    6. for the processing of automated or manual “personal data” in contravention of the Data Protection Legislation; or
    7. otherwise in any manner which does not comply with the terms of any applicable law, legislation, regulation, direction or any licence or authorisation applicable to the Customer or any instructions given by Vodafone from time to time.
  4. The Customer shall ensure that the Customer Information complies with clause 7.3.
  5. The Customer shall ensure that all persons having access to the Service or the Equipment comply with the Conditions.
  6. The Customer shall keep the Access Details secure and confidential and the Customer shall be responsible for any use of the Service using the Customer’s Access Details.
  7. The Customer shall ensure that all Equipment and Customer Equipment are maintained and kept in good working order.
  8. The Customer shall comply with and agrees to be bound by all conditions of any licence or instructions under which the Equipment is provided.
  9. The Customer shall comply with all reasonable instructions from Vodafone in relation to the use of the Service.
  10. The Customer shall promptly inform Vodafone of any change in any of the details provided in the Customer Application, including without limitation, the Customer’s name, address, email address and/or telephone number.
  11. The Customer shall indemnify and hold Vodafone harmless against all liabilities, claims, damages, losses, expenses and proceedings howsoever arising from or in any way connected with the Customer Information, or the Customer’s use of the Service or the Equipment or breach of this clause 7.

7. Customer Service

  1. Vodafone customer service number is 1907 for bill pay customers and 1747 (from a mobile)  or 1850 20 40 20  (from a landline) for pay as you go customers.
  2. Vodafone customer service policy is set out in the Vodafone Code of Practice, available on www.Vodafone.ie.
  3. The Customer shall contact Vodafone in the event that it wishes to alter any aspect of the Service.
  4. The Customer shall contact Vodafone in the event that changes in the Customer's premises occurs where the Service is provided.
  5. The Customer shall raise any complaints in relation to the Service using the complaints procedure set out in the Code of Practice.

8. Payment

 

  1. The Charges in respect of each Package are set out in the Tariff Sheet. All quoted Charges shall be inclusive of Value Added Tax. Vodafone reserves the right to alter such tariffs from time to time and shall notify Customers of such change in accordance with clause 9.2 of the Standard Terms and Conditions.
  2. Vodafone shall provide an online bill to the Customer as default for the Service. The Customer may request a paper copy of the bill.
  3. A once off connection charge may apply to the Service as may be set out from time to time in the Tariff Sheet .
  4. All sums due to Vodafone shall be paid in full by the Customer by the due date for payment set out in the Vodafone invoice. In order to avail of the Service, the Customer agrees to pay by direct debit, credit card or debit Card.
  5. Vodafone’s first monthly flat rate charge for the Service, shall, where applicable, be pro-rated to correspond with the period for which Vodafone will collect payment. This means that the first flat rate charge may be for a partial month in addition to the regular monthly period.
  6. In the event that, in any given month, the Customer exceeds the Monthly Download Allowance for their chosen broadband Package, Vodafone shall be entitled to charge the Customer for any additional capacity usage at the rates set out from time to time in the Tariff Sheet.
  7. Prior to taking payment from credit / debit card paying customers, Vodafone may first reserve funds on the Customer’s card equal to the total due at that date. Vodafone may also reserve a nominal amount on customer's card in order to validate card details. This amount shall not exceed €0.02 and will not be removed from Customer’s account.
  8. Should the Customer disagree with any charges shown on the Customer’s bill, the Customer is requested to lodge a complaint in accordance with Vodafone’s Code of Practice, prior to the due date for payment. Notwithstanding any complaint, all invoiced amounts shall be paid on the invoice due date pending the outcome of the complaints procedure. If, following the complaints procedure, it is established that the charges on any invoice are incorrect, Vodafone shall credit any overpayment to the Customer’s account.
  9. Save in the case of manifest error by Vodafone, all charges shall be calculated by reference to the data recorded or logged by Vodafone. Vodafone's determination in respect thereof is final.
  10. As some usage takes longer to rate, notwithstanding any other clause herein, the Customer may, at any time, be billed for charges incurred in a prior billing period.

9. Liability

  1.  Vodafone shall use reasonable endeavours to ensure that the Service is available for use by the Customer in accordance with the standards for the time being relating to the Service as set out in Vodafone’s Service literature, but shall not be liable for any delay, failure, interruption, or deterioration therein, howsoever arising.
  2. Vodafone shall make reasonable efforts to prevent unauthorised access to the Service by third parties but shall have no liability to the Customer for any loss or damage caused by unauthorised third party access to Service or the Equipment.
  3. Vodafone shall not be responsible or liable, directly or indirectly, for any damage or loss (including, without limitation, damage to the Customer Equipment, call charges or loss of data) arising by or in connection with access to or use of the Internet, including, without limitation, loss or damage arising as a result of any bugs, trojan horses, viruses, modem hijacking, worms or other harmful codes or errors experienced as a result of accessing the Internet
  4. Save as expressly provided herein, Vodafone disclaims all representations, warranties, guarantees, terms or conditions of any kind, whether express or implied, including but not limited to implied undertakings regarding quality of service implied under section 39 of the Sale of Goods and Supply of Services Act, 1893 and 1980, to the fullest extent permitted by law and the customer agrees that is fair and reasonable.
  5. UNDER NO CIRCUMSTANCES SHALL Vodafone Be Liable For any loss or damage arising as a result of:
    1. The Failure of the service or equipment due to the incompatibility of the Service with any Equipment not supplied by Vodafone;
    2. The Acts And Omissions Of Other Telecommunication Operators (including the access provider); OR
    3. breach in the security or privacy of messages transmitted using the service provided unless the breach results from the wilful default of Vodafone or its employees.
  6. Under no circumstances shall Vodafone be liable to the customer or any third party whether under contract, tort, statute or otherwise, for any indirect, economic, special or consequential loss, loss of profits, loss of data or loss of use of data, howsoever arising as a result of the customer’s use of the service or the equipment or otherwise in connection with the contract.
  7. Without prejudice to the exclusions of liability set out in this clause, Vodafone’s entire aggregate liability to the customer or any third party for any and all claims, howsoever arising out of or in connection with this agreement and whether under contract, tort, statute or otherwise, shall not exceed the lesser of (i) the total charges paid by the customer to Vodafone in the twelve (12) months prior to the date of the last event giving rise to such claim(s) and (ii) €1,000, provided that this shall not operate to exclude any minimum liability imposed by statute.
  8. This Clause 10 shall continue to apply notwithstanding termination of the Customer’s Contract for any reason whatsoever or howsoever arising.
  9. For the avoidance of doubt, any limitation or exclusion of liability under these terms and conditions shall only be to the extent permitted by law. Nothing in the Conditions shall limit or exclude Vodafone’s liability to the Customer for personal injury, death or fraudulent misrepresentation.

10. Termination

  1. Neither party may terminate the Contract during any applicable Minimum Period (if applicable) other than as provided herein. Should the Customer terminate its Contract prior to the end of any applicable Minimum Period, the Customer shall be liable for the Termination Charge and authorises Vodafone to debit the Termination Charge from the Customer's bank account in accordance with clause 2.4 above.
  2. After the Minimum Period or, if there is no Minimum Period, at any time, either party may terminate the Service on giving the other thirty (30) days written notice.
  3. The Contract shall automatically terminate on termination of Customer’s voice (i.e. home telephone) package with Vodafone and clause 11.1 shall apply if such termination occurs during the Minimum Term.
  4. Vodafone shall be entitled to terminate the Contract and cease providing the Service forthwith without notice (giving only retrospective notice) if:
    1. The Customer is in material breach of the Conditions (including non-payment of the Charges in accordance with the Code of Practice);
    2. The Customer is in breach of any term of the Conditions and has failed to remedy such breach within 30 days of a notice from Vodafone requiring the Customer to remedy such breach;
    3. The Customer is in breach of clause 7;
    4. any information supplied by the Customer to Vodafone is false or misleading;
    5. Vodafone is obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organisation or other competent authority;
    6. the Customer is suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service;
    7. the Customer dies, becomes mentally ill or becomes the subject of bankruptcy or insolvency proceedings in any jurisdiction or has become unable to pay its debts as they fall due.
  5. Vodafone shall be entitled to terminate the Contract immediately by giving the Customer notice if any event of Force Majeure continues for a period of thirty (30) days or longer (see clause 4.1 of the Standard Terms and Conditions).
  6. If, on termination, any Charges are outstanding, Vodafone may continue to bar the Customer’s line following termination until all Charges have been paid up to date by the Customer.
  7. The termination or suspension of the Service or default of the Customer hereunder shall not affect the accrued rights and obligations of the parties under the Conditions. Any terms which expressly, or by implication, are intended to survive termination of the Customer’s Contract shall continue to bind the parties following such termination.
  8. Without prejudice to the generality of clause 11.7, on termination of the Contract, all Charges accrued by the Customer shall become immediately due and payable and, following termination, the Customer shall continue to pay the Charges accrued during the term of its Contract in accordance with Clause 9 hereof.
  9. On termination, the Customer shall return any Equipment received from Vodafone in respect of the Service to Vodafone.

Vodafone Landline and Fixed Broadband Services

Validity: Pre 24th October 2009


A. Standard Terms and Conditions

The following standard terms and conditions shall apply to all Vodafone landline and fixed broadband services and including but not limited to Vodafone At Home and Vodafone Office:

Definitions

  • Access Provider - means the company which provides the Customer's telephone line(s) and associated telephone number(s), from which Vodafone rents such line(s) and number(s);
  • COMREG - means the Commission for Communications Regulation which is the national regulatory authority for the electronic communications market in Ireland;
  • Cooling-Off Period - has the meaning set out in clause 2.1;
  • Customer - means the person(s) using the Service whose details are provided in the Customer Application for the Service or who being an organisation enters into this Agreement by virtue of the completion and signing of the Customer Application by an authorised signatory of the organisation;
  • Customer Application - means the Customer’s application for the Services whether in writing, on-line or via TPV (as described below);
  • Customer Authorisation Form - means a form completed by the Customer to approve the provision of the Service and which contains information as set out in Annex B of the Single Billing Code of Practice. This information may also be captured via TPV or sign up over the Internet;
  • Data Protection Legislation - means the Data Protection Acts 1988 and 2003 and any amendment, replacement or supplement thereto, from time to time;
  • Equipment - means a telephone, modem or other equipment of the Access Provider or Vodafone that is located on the Customer's premises;
  • Fair Usage Policy - means the fair usage policy for Vodafone fixed line and DSL services set out in the Tariff Sheet;
  • Minimum Period - means a period of twelve (12) months commencing on the Start Date in respect of any Service;
  • Network - means the telecommunications system used by Vodafone for the provision of the Service pursuant to its General Authorisation granted under Regulation 8 of the European Communities (Electronic Communications Networks and Services) Regulations, 2003;
  • Start Date - means the “go-live” date from which your account will become active and Vodafone will commence providing the Services. Vodafone will communicate an estimated Start Date to you in advance but this date is not guaranteed;
  • Tariff Sheet - means the Vodafone landline and DSL broadband pricing guide as may be amended by Vodafone from time to time in accordance with clause 9.2 of the Standard Terms and Conditions and which is available at www.vodafone.ie;
  • Telecommunications Scheme - means the Eircom Telecommunications Scheme, 2003;
  • Third Party Verification or TPV - means the independent process of verifying a Customer's consent and obtaining the information from the Customer required to approve the provision of the Service. It is conducted via telephone, with a recording of the call serving as a record of the Customer's consent;
  • Third Party Service - means any service promoted or provided by third parties to the Customer over the Network; "Vodafone", "we""us" means Vodafone Ireland Limited, MountainView, Leopardstown, Dublin 18 being the provider of the Service under the Agreement;
  • Vodafone Agent - means any third party authorised to promote and sell Services or carry out business activities on Vodafone’s behalf.

1. General

  1. Vodafone may vary or change the Agreement for any commercial, technical or operational reason and any material changes shall be notified to the Customer in advance. Please note that Vodafone Agents are not authorised to amend this Contract or to agree any provision which is inconsistent herewith.
  2. This Agreement shall commence when Vodafone accepts the Customer's application and connects the Customer to the Network for either Fixed line or Fixed broadband service, whichever is the earlier. Please note that various related Vodafone products and services including Add Ons and Third Party Services may be subject to additional terms and conditions which you are advised to read. Vodafone reserves the right to refuse to accept any Customer application.
  3. Vodafone may vary or change the Agreement for any commercial, technical or operational reason and any material changes shall be notified to the Customer in advance. Please note that Vodafone Agents are not authorised to amend this Contract or to agree any provision which is inconsistent herewith.
  4. This Contract is personal to the Customer. The Customer shall not, except with Vodafone’s written consent or in accordance with Vodafone’s standard transfer procedures, assign or otherwise transfer the Agreement in whole or in part.
  5. Connection to the Network shall be conditional on:-
    • the Customer having and maintaining a credit rating satisfactory to Vodafone and providing Vodafone with such financial security as it reasonably requires;
    • the Customer providing valid proof of identity/address and such evidence of residency in Ireland as Vodafone may require;
    • the Customer being over eighteen (18) years of age (if personal application);
    • truthful and accurate completion of the application form by the Customer and the provision of such other information as Vodafone may for any valid reason request
  6. Any waiver, concession or extra time permitted by Vodafone is limited to the specific circumstances in which it is given and does not affect the rights of Vodafone under this Agreement in any other way. This Agreement is governed and construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the Courts of Ireland. Any reference to any legislative act or provision shall, unless the context otherwise requires, be considered as a reference to such act or provision as amended, re-enacted or replaced.
  7. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision(s) in question shall not be affected thereby.

2. Customer Right of Cancellation

  1. The Customer shall have the right to cancel the Service without penalty (subject to clause 3.2 below) within fourteen (14) days of placing an order with Vodafone (“Cooling-Off Period”) by giving Vodafone notice in writing during the Cooling-Off Period that it wishes to (i) disconnect its line; or (ii) transfer to the Access Provider or another operator (in which case it must also notify the Access Provider or other operator during the Cooling-Off Period).
  2. If the Customer exercises the right of cancellation set out in clause 3.1 above, the Customer shall be liable for any Charges for usage (including line rental and call charges) actually incurred up to and including the date of disconnection (which shall be no later than 72 hours after receipt of notice of cancellation), or, in the case of transfer to the Access Provider or another operator, up to and including the effective date of such transfer, and for any costs incurred in the return of the Equipment. Vodafone shall refund any remaining Charges which have been paid in advance by the Customer in respect of the Service.

3. Suspension/Barring of the Service

  1. Without prejudice to any of its rights of termination under clause 3 above, Vodafone reserves the right to temporarily bar, suspend, restrict, and/or disconnect the Customer’s use of the Service (collectively “suspension”) at any time for non-payment of the Charges (in accordance with the terms of Vodafone’s Code of Practice) or for any other breach of this Agreement whatsoever. Vodafone shall use reasonable endeavours to contact the Customer, but shall not be obliged to contact the Customer, prior to any such suspension of the Service.
  2. Vodafone shall be entitled to maintain suspension of the Service under clause 4.1 until any breach is remedied to Vodafone’s satisfaction.
  3. If the Service is suspended in accordance with this Agreement, the Customer will be able to make emergency calls only.
  4. The Customer shall remain liable to pay the Charges throughout any period of suspension of the Service.
  5. Vodafone shall be entitled to charge a reconnection fee as set out in the Tariff Sheet from time to time on reconnection of a Customer following any temporary period of suspension under clause 4.1.
  6. Vodafone may suspend the Service from time to time, without liability, for the alteration, improvement or maintenance of the Network or the Services.

4. Force Majeure 

Neither party shall be held in breach of its obligations hereunder (except in relation to
obligations to make payments) nor be liable to the other party for any loss or damage which may be suffered by the other party due to any cause beyond its reasonable control including, without limitation, failure of the Access Provider’s networks or services, any act of God, failure, interruption of power supplies, flood, drought, lightning or fire, strike, lockout, trade dispute or labour disturbance, acts or omissions of Government, highway authorities or other circumstances beyond the control of the parties (“Force Majeure”).

5. Assignment

  1. Vodafone may assign this Agreement without consent provided that any Assignee shall be bound by the same obligations as Vodafone under this Agreement.
  2. The Customer shall not assign this Agreement in whole or in part without the prior written consent of Vodafone.

6. Waiver

  1. Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right and does not operate so as to bar the exercise or enforcement thereof, or of any such right or any other right on any later occasion.
  2. Any deficiency in the Customer's authority to avail of the Service or to use the Equipment shall not preclude reliance by Vodafone on any of its rights under this Agreement.

7. Notice

  1. Vodafone shall send all notices to the Customer (i) in writing to the Customer's billing address as provided on registration; and/or (ii) on the Customer's bill; and/or (iii) by placing same on the Vodafone website; and/or (iv) via national newspapers.
  2. The Customer shall send all notices to the address that appears on the last written correspondence regarding Vodafone At Home or Vodafone Office services sent by Vodafone to the Customer or such other address as may be prescribed by Vodafone for the purpose.
  3. Notice given by post or via the Vodafone website shall be deemed served 48 hours after posting or on earlier proof of delivery. Notice given by Vodafone in national newspapers shall be deemed served on the date of publication.

8. Use of Information

  1. Vodafone shall process your personal data (as defined in the Data Protection Legislation) in accordance with the Data Protection Legislation.
  2. Any information obtained by Vodafone through an application for or the use of the Service may be accessed and used by Vodafone and its Affiliates, agents and sub-contractors for the purposes of credit references, accurate billing and efficient operation of the Service, including disclosure to and retention by the Access Provider in connection with the operation, suspension and/or termination of the Service and for the insertion, change and deletion of the Customer Listing by Vodafone and/or the Access Provider. The Customer shall be deemed in accepting these terms and conditions to have given consent for the use of his information for such purposes. The use of such information for purposes other than those outlined in this Agreement shall be subject to the Customer's consent as given in its Customer Application and the Customer Authorisation Form.
  3. Vodafone may use Customer’s contact details from time to time to contact Customer about Vodafone promotions, products or services which may be available to Customer or to send Customer details of such promotions, products or services. Customer may indicate in its Customer Application or contact Vodafone at any time on 1907 that it does not wish to receive such communications.
  4. Vodafone does not provide a telephone directory service. Vodafone may make Customer’s name, address and telephone number available to the emergency services and to any other licensed public telecommunications operators for the purpose of telephone directories and a public directory enquires service. You must notify us, in writing, should you wish any such information to be withheld or if you wish to opt out of the National Directory Database (NDD) and if this is your wish then we shall only disclose such information if and to the extent that we are legally required to do so.
  5. Third parties are allowed to use the NDD for direct marketing. Vodafone can request the operator of the NDD to place an indicator next to your NDD entry advising third parties that you do not wish your details to be used for this purpose.
  6. We do not accept any liability whatsoever for a failure by any operator to whom we provide preference or listing information to comply with any listing or preference  request that you make to us or to that operator.

9. Miscellaneous

  1. This Agreement (comprising these terms and conditions, the Tariff Sheet and the Customer Application), constitute the entire agreement between the parties in relation to the Service and, for the avoidance of doubt, supersede any terms which may have governed the provision of the CPS Residential Calling Service to the Customer. In the event of conflict between any of the documents incorporated in this Agreement, the following order of precedence shall apply:
    1. These terms and conditions
    2. The Tariff Sheet
    3. The Customer Application
  2. Vodafone reserves the right to alter any terms of this Agreement for legal, technical, operational or commercial reasons, or to terminate any package or change its tariffs, on giving thirty (30) days’ notice to the Customer. Notwithstanding any other provision of this Agreement, Vodafone shall give notice for the purposes of this clause in accordance with Clause 8. In the event of any such alteration, the Customer shall have the option to terminate the Service without penalty during the notice period, subject to payment by the Customer of all Charges due to date.
  3. In the event that a customer upgrades/downgrades from one Service as specified on the Application Form to another option, the Charges for the higher/lower option will apply with immediate effect. The customer will be given a new Minimum Period of 12 months (or as otherwise agreed) which will take effect from the date the upgrade/downgrade is applied.
  4. In the event that a customer agrees to avail of a promotional offer, the customer may be subject to a new minimum term as agreed between the parties as part of the terms of the offer.
  5. If any provisions of the Agreement are held to be unenforceable, illegal or void in whole or in part the remaining portions of the Agreement (and the remaining portion of such provisions shall remain in full force and effect.
  6. This Agreement shall be governed by and construed in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish Courts.

B. Fixed Line Phone Terms and Conditions

The Standard Terms and Conditions shall apply, in addition the following words shall have the following meanings: 

Definitions

  • Agreement - means the Standard Terms and Conditions, these terms and conditions, the Tariff Sheet (including Vodafone’s tariffs for the Service) as amended from time to time, and the Customer Application (including the Customer Authorisation Form) which together constitute a legally binding agreement between the Customer and Vodafone;
  • Call Management Services - has the meaning assigned to such term in the Tariff Sheet;
  • Call Management Services Charges - are the charges applicable to the Call Management
  • Services as specified in the Tariff Sheet;
  • Carrier Pre-Selection or CPS - means the service whereby the Customer is able to pre-select a service provider other than eircom to carry his/her calls for national calls and/or international calls or "All Calls" (i.e. all calls except for calls to emergency numbers 999 and 112, calls to codes 199 and to those starting with 13 and 17), in accordance with Decision Notices D2/99 and D13/99 of COMREG. For the avoidance of doubt in selecting the Vodafone Service, the Customer accepts that they are selecting the "All Calls" option for the purpose of SB-WLR as defined below;
  • Charges - means all charges payable to Vodafone for the Service as specified in the Tariff Sheet and includes, without limitation, the Line Rental Charges, Equipment charges and Call Management Services Charges;
  • Customer - means the person(s) using the Service whose details are provided in the Customer Application for the Service or who being an organisation enters into this Agreement by virtue of the completion and signing of the Customer Application by an authorised signatory of the organisation;
  • DSFA - means the Department of Social and Family Affairs;
  • DSFA Scheme - means the DSFA telephone allowance scheme operated by the DFSA from time to time, to which Vodafone shall adhere to in charging a Customer who is eligible under the scheme;
  • Line Rental Charges - means the charges for telephone line rental as specified in the Tariff Sheet;
  • National Directory Database or NDD - means the record of all subscribers of publicly available telephone services in the State, including those with fixed, personal and mobile numbers, who have not refused to be included in that record;
  • Service - means the SB-WLR service (as defined below) requested by the Customer in the Customer Application. The Service does not facilitate the provision by Vodafone to the Customer of the Single Billing Product Exclusions;
  • Single Billing through Wholesale Line Rental or SB-WLR - means the facility which, through use of CPS "All Calls" Option, enables Vodafone to provide a single bill to the Customer covering all aspects of voice services, at rates Vodafone determines, where voice services means all telephone lines (PSTN/ISDN), Equipment, calls and Call Management Services, unless otherwise excluded herein;
  • Single Billing Code of Practice - means the Code of Practice developed for the purpose of SBWLR and approved by COMREG, as same may be amended from time to time, a copy of which can be viewed on the www.eircomwholesale.ie website or can be obtained by writing to Legal Department, Vodafone, MountainView, Leopardstown, Dublin 18;
  • Single Billing Product Exclusions - means those services which the Access Provider, and not Vodafone, will continue to offer the Customer from time to time, which includes eircom Charge Card, eircom i-stream, High Value CPE, spread payment contracts (for equipment purchase) and eircom discount schemes, as same may be amended from time to time;
  • Start Date - means the date on which the Voice Package is activated;
  • Termination Charge - has the meaning set out in clause 2.5;
  • Voice Package - means any landline service comprising line rental with or without inclusive free calls.

2. Commencement of Service and Minimum Term

  1. This Agreement shall commence and the Customer shall be deemed to have accepted that he/she is bound by, and has agreed to comply with, the terms of this Agreement (as defined above) on the Start Date, or on the date of expiry of the Cooling-Off Period, whichever is the earlier.
  2. The Customer warrants that all information and details provided by the Customer to Vodafone in his/her Customer Application are true and accurate and the Customer shall advise Vodafone immediately in writing or by contacting the Vodafone Customer Care team of any changes to that information. Vodafone customer service numbers are 1907 for bill pay customers and 1747 (from a mobile)  or 1850 20 40 20  (from a landline) for pay as you go customers. .
  3. The Service will commence on the Start Date and will continue until cancelled, suspended, or terminated in accordance with clause 9, subject to any applicable Minimum Term.
  4. The Customer’s Contract for any Voice Package is for a Minimum Term of twelve (12) months from the Start Date unless otherwise agreed between the parties, unless the Customer cancels during the Cooling-Off Period in accordance with clause 2.1 of the Standard Terms and Conditions.
  5. If the Customer terminates its Contract after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the “Termination Charge”) as specified in the Tariff Sheet.
  6. On the placing of the order for the Service, Vodafone will provide the Customer with a ready for service date. This date may vary from customer to customer depending on the Services requested and the circumstances affecting the delivery mechanism for the Customer.
  7. Vodafone will use its reasonable efforts to install the Service by the ready for service date provided to the Customer, but all dates are estimates only and Vodafone cannot guarantee that it will meet such dates.

3. Service

  1. This Agreement, in respect of Vodafone At Home, applies in respect of the provision of the Service for a home phone line. The details of any limits on usage of the Service are set out in the Tariff Sheet and the Fair Usage Policy. The Customer agrees that it is entering into this Agreement for personal use of the Service and is not acting in the course of its business, trade or profession which involves the participation of more than three (3) individuals (or employees) or for the provision of electronic communications services.
  2. Provision of the Service by Vodafone shall be conditional on receipt by Vodafone of a completed Customer Authorisation Form or the Customer having signed up in accordance with Vodafone’s procedures and these terms and conditions.
  3. Each Customer Application for the Service shall be deemed to be in respect of individual telephone lines and not the Customer's entire telephone account, unless otherwise specified in the Customer Application. The Customer must specify in the Customer Application each individual telephone line in respect of which it wishes to have the Service provided.
  4. The Customer accepts and acknowledges that (i) the Access Provider shall bar access to all carrier selection and carrier access codes on telephone lines that have the Service  applied and (ii) override codes are not available for use by the Customer in conjunction with the Service (i.e. a Customer cannot access another operator’s network in making calls through use of a prefix). The Customer accepts that Vodafone shall have no liability for any losses or damages howsoever arising from non-provision of the Service in the event that such restrictions are not accepted by the Customer.
  5. In supplying the Services Vodafone will use its reasonable skill and care but cannot guarantee fault free performance. Vodafone does not warrant that the Service will be suitable for specific Customer applications or that the operation of the Service will be uninterrupted or error-free. Vodafone does not warrant that the Service will support or be compatible with any applications or other services which the Customer uses in conjunction with the Services.
  6. The Customer agrees that from time to time it may be necessary for Vodafone to temporarily suspend the Service during periods of repair, essential maintenance or alteration or improvement to Vodafone’s network or otherwise in accordance with the law.
  7. Due to the wide range of causes of faults, many of them outside of Vodafone’s control it is not possible for Vodafone to fix a particular fault in a guaranteed timeframe  however Vodafone will use all reasonable endeavours to repair faults in a timely fashion.
  8. As part of the Service Vodafone performs agency rebilling of the eircom.net Flat Rate Internet Access service. Should the customer wish to discontinue this service the Customer is responsible for terminating the service directly with eircom.net.

4. Vodafone Landline Packages

Vodafone shall provide the tariff package specified by the Customer in the Customer Application. The tariff package shall be subject to the terms and conditions as may be set out in the Tariff Sheet from time to time.

5. Customer Care

  1. Vodafone customer service numbers are 1907 for bill pay customers and 1747 (from a mobile)  or 1850 20 40 20  (from a landline) for pay as you go customers.
  2. Vodafone customer care policy is set out at www.vodafone.ie.
  3. The Customer shall contact Vodafone in the event that it wants to alter any aspect of the Service, including, but without limiting the generality of the foregoing, the addition of a telephone line, changes to a telephone line, changes in the Call Management Services and changes in the Customer's premises where the Service is provided.
  4. A copy of Vodafone’s Customer Enquiries Code of Practice for initiating procedures for (a) settlement of disputes with Vodafone or (b) requesting a refund or compensation for failure by Vodafone to meet contracted service quality levels is available at www.vodafone.ie. Vodafone at its sole discretion shall decide on a case by case basis whether a Customer is entitled to a refund or compensation. Vodafone’s decision in this regard is final and no correspondence will be entered into in relation to same save in the manner set out in the Code of Practice.

6. Payment

  1. The Customer will receive one bill from Vodafone for all Charges incurred by the Customer in respect of this Service. The Customer will continue to be billed separately by its Access Provider for any Single Billing Product Exclusions. The Landline Line Rental and Equipment rental charges shall be paid monthly in advance.
  2. Vodafone's tariffs for the Service are stated in the Tariff Sheet which forms part of the Agreement. Vodafone shall provide an online bill to the Customer as default for the Service. The Customer may request a paper copy of the bill.
  3. All sums due to Vodafone shall be paid in full by the Customer by the due date for payment set out in the Vodafone invoice. In order to avail of the Service, the Customer agrees to pay by cash and cheque direct debit, credit or debit card in the manner prescribed on the Vodafone invoice.
  4. Prior to taking payment from Credit / Debit card paying customers, Vodafone may first reserve funds on the Customer’s card equal to the total due at that date. Vodafone may also reserve a nominal amount on customer's card in order to validate card details. This amount shall not exceed €0.02 and will not be removed from Customer’s account.
  5. Should the Customer disagree with any charges shown on the Customer’s bill, the Customer is requested to lodge a complaint in accordance with Vodafone’s Code of Practice, prior to the due date for payment. Notwithstanding any complaint, all invoiced amounts shall be paid on the invoice due date pending the outcome of the complaints procedure. If, following the complaints procedure, it is established that the charges on any invoice are incorrect, Vodafone shall credit any overpayment to the Customer’s account.
  6. Save in the case of manifest error by Vodafone, all charges shall be calculated by reference to the data recorded or logged by Vodafone. Vodafone's determination in respect thereof is final.
  7. Where customer billing is dependent on information received by Vodafone from other networks or operators then the Customer accepts that such information is an accurate record of their use of the services.
  8. As some usage takes longer to rate, notwithstanding any other clause herein, the Customer may, at any time, be billed for charges incurred in a prior billing period.
  9. A residential Customer's eligibility under the DSFA Scheme shall be indicated by the residential Customer when applying for the Service or where a Customer becomes eligible for the DSFA Scheme during receipt of the Service the residential Customer shall notify Vodafone of such eligibility as soon as the residential Customer becomes so aware. In the event that it is determined that the residential Customer is not, or has not been, eligible for the DSFA Scheme, the residential Customer acknowledges and agrees that, without prejudice to any other rights or remedies that Vodafone may have under this Agreement or otherwise, any DSFA Scheme credits improperly awarded to the residential Customer may be recouped by Vodafone in a subsequent invoice from Vodafone to the residential Customer whether during or after the term of this Agreement.

7. Use of the Service

  1. The Customer undertakes not to use or permit others to use the Service or the Equipment:
    1. for business purposes to sell on or supply the Service to anyone on a commercial basis;
    2. for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Service;
    3. in any way that may cause degradation of service levels to other customers as determined by Vodafone or put the Network at risk;
    4. to send unsolicited commercial communications or promotional material;
    5. for the communication, transmission, publication, transmission, distribution or dissemination of any material which is, may be or is intended to be a hoax or is of a defamatory, offensive, abusive, obscene, indecent or menacing nature or in breach of any intellectual property right; or
    6. otherwise in any manner which does not comply with the terms of any applicable law, legislation, regulation, direction or any licence or authorisation applicable to the Customer or any instructions given by Vodafone from time to time.
  2. The Customer hereby agrees to avail of the Service subject to the provisions of any legislation, regulations, bye-laws or codes of practice applicable to such use.
  3. The Customer shall ensure that all persons having access to the Service or the Equipment comply with this Agreement.
  4. The Customer shall ensure that all Equipment is maintained and kept in good working order.
  5. The Customer shall comply with all reasonable instructions given to the Customer by Vodafone in relation to the use of the Service.
  6. The Customer shall indemnify and hold Vodafone harmless against all liabilities, claims, damages, losses, expenses and proceedings howsoever arising from or in any way connected with the use of the Service and/or the Equipment and/or any breach of this clause 7 by the Customer.

8. Liability

  1. Vodafone shall use reasonable endeavours to ensure that the Service is available for use by the Customer in accordance with the standards for the time being relating to the Service as set out in Vodafone’s Service literature, but shall not be liable for any delay, failure, interruption, or deterioration therein, howsoever arising.
  2. Vodafone shall make reasonable efforts to prevent unauthorised access to the Service by third parties but shall have no liability to the Customer for any loss or damage caused by unauthorised third party access to Services or the Equipment.
  3. Save as expressly provided herein, Vodafone disclaims all representations, warranties, guarantees, terms or conditions of any kind, whether express or implied, including but not limited to implied undertakings regarding quality of service implied under Section 39 of the Sale of Goods and Supply of Services Act, 1893 and 1980, to the fullest extent permitted by law and the customer agrees that is fair and reasonable.
  4. Under no circumstances shall Vodafone be liable for any loss or damage arising as a result of:
  1. the failure of the service or equipment due to the incompatibility of the service with any equipment not supplied by Vodafone;
  2. the acts and omissions of other telecommunication operators (including the access provider); or
  3. breach in the security or privacy of messages transmitted using the service provided by us unless the breach results from the wilful default of Vodafone or its employees.
  1. Under no circumstances shall Vodafone be liable to the customer or any third party whether under contract, tort, statute or otherwise, for any indirect, economic, special or consequential loss, loss of profits, loss of data or loss of use of data, howsoever arising as a result of the customer’s use of the service or the equipment or otherwise in connection with this agreement.
  2. Without prejudice to the exclusions of liability set out in this clause, Vodafone’ entire aggregate liability to the customer or any third party for any and all claims, howsoever arising out of or in connection with this agreement and whether under contract, tort, statute or otherwise, shall not exceed the lesser of (i) the total charges paid by the customer to Vodafone in the 12 months prior to the date of the last event giving rise to such claim(s) and (ii) €1,000, provided that this shall not operate to exclude any minimum liability imposed by statute.
  3. This Clause 8 shall continue to apply notwithstanding termination of this Agreement for any reason whatsoever or howsoever arising.
  4. Any limitation or exclusion of liability under these terms and conditions shall only be to the extent permitted by law. Nothing in this Agreement shall limit or exclude Vodafone’s liability to the Customer for personal injury or death.

9. Termination/Transfer of Service

  1. Save where a Customer exercises its right of cancellation under clause 2 of the Standard Terms and Conditions, monthly Charges which are required to be paid in advance by the Customer shall not be refunded on termination of this Agreement for any reason.
  2. Neither party may terminate the Contract during any applicable Minimum Period (if applicable) other than as provided herein. Should the Customer terminate its Contract after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the “Termination Charge”) as specified in the tariff sheet, and authorises Vodafone to debit the Termination Charge from the Customer's bank account in accordance with clause 2.5.
  3. After the Minimum Period or, if there is no Minimum Period, at any time, either party may terminate the Service on giving the other thirty (30) days’ written notice.
  4. The Customer must contact the Access Provider or other operator to transfer its line under clauses 2.1 of the Standard Terms and Conditions or clause 9.2 above and termination shall only take effect once any such transfer has occurred. The Customer acknowledges that Vodafone shall continue to provide the Service and the Charges shall continue to apply pending any such transfer.
  5. Vodafone shall be entitled to terminate this Agreement and cease providing the Service forthwith without notice (giving only retrospective notice) if:
  • the Customer is in material breach of this Agreement (including non-payment of the Charges in accordance with the Code of Practice);
  • the Customer is in breach of any term of this Agreement and has failed to remedy such breach within 30 days of a notice from Vodafone requiring the Customer to remedy such breach;
  • the Customer is in breach of clause 7;
  • the Customer uses the Equipment otherwise than as permitted under this Agreement;
  • any information supplied by the Customer to Vodafone is false or misleading;
  • Vodafone is obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organisation or other competent authority;
  • the Customer is suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service; or
  • the Customer dies, becomes mentally ill or becomes the subject of bankruptcy or insolvency proceedings in any jurisdiction or has become unable to pay its debts as they fall due.
  1. Vodafone shall be entitled to terminate this Agreement immediately by giving the Customer notice if any event of Force Majeure continues for a period of thirty (30) days or longer.
  2. Vodafone shall be entitled to effect termination under clauses 9.6 or 9.7 either by disconnecting the Customer or by transferring the Customer back to the Access Provider.
  3. If, on termination, any Charges are outstanding, Vodafone may continue to bar the Customer’s line following termination until all Charges have been paid up to date by the Customer.
  4. The termination or suspension of this Agreement or default of the Customer hereunder shall not affect the accrued rights and obligations of the parties under the Agreement.
  5. Without prejudice to the generality of clause 9.9, on termination of the Agreement, all Charges accrued by the Customer shall become immediately due and payable and, following termination, the Customer shall continue to pay the Charges accrued during the term of the Agreement or Minimum Term in accordance with Clause 6 hereof.
  6. Where the customer has availed of a discount or other promotion relating to the Agreement and terminates within the Minimum Period an amount equal to the value of any such promotion or discount, pro rated to the unexpired portion of the Minimum Period may at Vodafone’s discretion be reckonable for the purposes of calculating the Termination Charge.
  7. Where this Agreement is terminated by the Customer for the purposes of transferring its service to another authorised operator the transfer shall not come into effect until such time as the Customer has paid to Vodafone all charges due and owing, up to the date of termination together with all other charges arising from such termination.
  8. Upon the disconnection of the Services, Vodafone will release to a new service provider the telephone number(s) that you used in connection with the Services if all of the following conditions are met: (1) such new service provider is able to accept such number; (2) your account has been properly terminated, (3) your account is completely current, including payment for all Charges and applicable disconnection fees; (4) you request the transfer upon disconnecting your account. However, please be aware that you may not be able to retain your telephone number if you move location.
  9. The Customer acknowledges that Customer has no proprietary rights in the telephone number allocated to Customer. We reserve the right to withdraw this number at any time.
  10. On cancellation or termination of this Agreement, any other agreement between Customer and Vodafone in respect of the same line shall automatically terminate.

C. Vodafone Fixed Broadband Terms and Conditions

The Standard Terms and Conditions shall apply, in addition the following words shall have the following meanings:

Definitions

  • Access Details - shall mean the username and password identity given exclusively to the Customer for the purposes of gaining access to the Network;
  • Authorised User - shall mean anyone registered by the Customer as authorised to use the Service;
  • Broadband Access Server - means a remote access server which is used for the Service.
  • Charges - means the Connection Charge and all charges for the Service under the Customer’s Package, as set out in the Tariff Sheet including any flat rate monthly charges and any applicable additional usage charges;
  • Conditions - means these terms and conditions, the Tariff Sheet (including Vodafone's tariffs for the Service) as amended from time to time, the Customer Application (including the Customer Authorisation Form) and the Vodafone Code of Practice which together constitute a legally binding agreement between the Customer and Vodafone;
  • Connection Charge - means a one off charge for connection to the Service as may be set out from time to time in the Tariff Sheet;
  • Contract - means the contract between you and Vodafone to pay for and receive the Service (as specified in your Customer Application), in accordance with the Conditions;
  • Customer Access - means the physical network (including the metallic pair) between the Broadband Access Server and a Customer's Site;
  • Customer Equipment - means all computer hardware, software, cabling, apparatus and facilities provided by the Customer.
  • Customer Information - means all content, including any data, information, video, graphics, sound, music, photographs, software and any other materials (in whatever form) transmitted, published, disseminated, distributed or otherwise made available by or on behalf of the Customer, via e-mail, website or otherwise, using the Service;
  • Internet Connection - shall mean the Customer's connection with the Network;
  • Internet Standards - shall mean the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any other applicable protocols and standards;
  • ISP - means an Internet Service Provider;
  • Monthly Download Allowance - means the amount of download allowed for Broadband at no additional cost to the fixed monthly charges as specified in the Tariff Sheet.
  • Network - means the telecommunications system used by Vodafone for the provision of the Service pursuant to its General Authorisation granted under Regulation 8 of the European Communities (Electronic Communications Networks and Services) Regulations, 2003;
  • Package - means any Internet service package as offered by Vodafone set out in the Tariff Sheet from time to time;
  • Service - means the Vodafone residential broadband Internet service to be provided by Vodafone in accordance with the Package selected by the Customer in the Customer Application;
  • Service Availability Area - means the area within 4.5 kilometres from the local telephone exchange, or such other area as may be specified by Vodafone from time to time;
  • Site(s) - means the property (properties) where Vodafone agrees to provide the Service;
  • Software - means any software provided by Vodafone to enable the Customer to access or use the Service;
  • Termination Charge - has the meaning set out in clause 2.4.

2. Duration of Service and Minimum Term

  1. The Conditions shall govern the relationship between Vodafone and the Customer in all matters relating to the Service.
  2. The Service will commence on the Start Date and will continue until cancelled, suspended, or terminated in accordance with clause 11 subject to any applicable Minimum Term.
  3. The Customer’s Contract for any broadband Package is for a Minimum Term of twelve (12) months from the Commencement Date or as otherwise agreed between the parties, unless the Customer cancels during the Cooling-Off Period.
  4. If the Customer terminates its Contract after expiry of the Cooling-Off Period, but during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the “Termination Charge”) as specified in the tariff sheet.
  5. Vodafone will use its reasonable efforts to install the Service by the date that it agrees with the Customer, but all dates are estimates and Vodafone cannot guarantee that it will meet such dates.

3. Customer Warranties and Pre-Conditions to Provision of the Service

  1. On applying for the Service, the Customer shall be deemed to have obtained the authority of the person who leases the physical telephone line(s) across which the Service is provided.
  2. The Contract is for the provision of the Service for a landline & fixed broadband Internet connection or a landline only package.
  3. The Customer warrants that all information and details provided by the Customer to Vodafone in his/her Customer Application are true and accurate and the Customer shall advise Vodafone immediately of any changes to that information.
  4. The provision of the Service shall be subject to the following pre-conditions:
    1. the Customer must have their landline line rental with Vodafone;
    2. the Customer’s landline line must be within the Service Availability Area (which may be extended by Vodafone from time to time by giving notice on its website);
    3. the Customer must have an analogue direct exchange line, which terminates on a master socket forming part of the PTSN network;
    4. if the Customer has any type of phone monitored home/ business alarm system on their phone line, provision of the Service will be conditional on a splitter being installed on the line and the Customer will need to contact their alarm service provider to ensure that a splitter is installed;
    5. Vodafone must be satisfied, that it is technically feasible to produce a quality service on the Customer’s line in all applicable conditions;
    6. receipt by Vodafone of a completed Customer Authorisation Form or the Customer having signed up in accordance with Vodafone’s procedures;
    7. the Customer’s line must pass all pre-qualification testing carried out by Vodafone and/or the Access Provider and the line must be capable of activation for the Service at the exchange; and
    8. the Customer Equipment must meet any minimum requirements specified by Vodafone to the Customer prior to the Start Date.
  5. If the customer has an ISDN line, provision of the Service shall be conditional on the customer getting the line downgraded to an analogue line in accordance with clause 3.4.3 and the Customer will need to contact its provider in this regard.
  6. In the event that the Customer wants to alter any aspect of the Service, including, but without limiting the generality of the foregoing, upgrades to a telephone line, the addition of a telephone line, change in call features, changes in the Customer’s premises where service is provided Vodafone will use its reasonable efforts but cannot guarantee to meet such.
  7. If any of the pre-conditions 3.4.1 to 3.4.8 are not satisfied prior to the proposed Start Date, Vodafone shall be entitled to terminate the Contract, without liability, immediately by giving notice to the Customer.
  8. In the event that, for technical reasons, the Service cannot be activated on a Customer’s line, notwithstanding that the pre-conditions set out above may be satisfied, Vodafone shall be entitled to terminate the Contract immediately by giving notice to the Customer and neither Party shall have any liability to the other. The Customer shall not be obliged to pay the Connection Fee in such circumstances.

4. Service

  1. The details of each Package, any limits on data usage (including the Fair Usage Policy) are set out in the Tariff Sheet. The connection speed and Monthly Download Allowance and the Fair Usage Policy for each Package are set out in the Tariff Sheet.
  2. The Customer acknowledges that the bit rates in respect of the Service as indicated by Vodafone, may be reduced by contention within the Network from time to time and these speeds are not guaranteed. Speeds indicated are line speeds and not data transfer speeds.
  3. Actual broadband speed is subject to distance and line quality. Vodafone will provide the maximum broadband line speed that the customer’s phone line and modem can support up to the stated speed of the package selected.
  4. The fixed broadband Service is a Digital Subscriber Line or “DSL” Service which provides a dedicated digital circuit between a customer premises and a PSTN telephone exchange allowing high speed data transfer over existing twisted copper telephone lines. It is a single user service and as such the Customer will require a modem for connection to the Service.
  5. Vodafone shall provide the Customers with Access Details.
  6. Each Customer Application for the Service shall be deemed to be in respect of individual telephone lines and not the Customer's entire telephone account, unless otherwise specified in the Customer Application. The Customer must specify in the Customer Application each individual telephone line in respect of which it wishes to have the Service applied.
  7. For technical, operational and commercial reasons Vodafone shall be entitled to vary the Service and any aspect thereof at any time. Where practicable, Vodafone shall provide notice of any such change in accordance with clause 9.2 of the Standard Terms and Conditions.
  8. In supplying the Services Vodafone will use its reasonable skill and care but cannot guarantee fault free performance. Vodafone does not warrant that the Service will meet the Customer’s requirements or that the operation of the Service will be uninterrupted or error-free. Vodafone does not warrant that the Service will support or be compatible with any applications or other services which the Customer uses in conjunction with the Services.
  9. The Customer agrees that from time to time it may be necessary for Vodafone to temporarily suspend the Service during periods of repair, essential maintenance or alteration or improvement to Vodafone’s network or otherwise in accordance with the law.
  10. Due to the wide range of causes of faults, many of them outside of Vodafone’s control it is not possible for Vodafone to fix a particular fault in a guaranteed timeframe  however Vodafone will use all reasonable endeavours to repair faults in a timely fashion.

5. Provisioning/Installation of the Service

  1. On the placing of the order for the Service, Vodafone will provide the Customer with a ready for service date. This date may vary from customer to customer depending on the Services requested and the circumstances affecting the delivery mechanism for the Customer.
  2. Vodafone will use its reasonable efforts to install the Service by the ready for service date provided to the Customer, but all dates are estimates only and Vodafone cannot guarantee that it will meet such dates.
  3. During the provisioning of the Service the Customer may experience a temporary loss of its analogue direct exchange line service and Vodafone shall not be held liable to the Customer for any losses or damages howsoever arising during such period.

6. Equipment

  1. Any Customer Equipment must be connected and used in accordance with any instructions and any safety or security procedures applicable to the use of such equipment, and must be technically compatible with that Service and approved for that purpose under any relevant legislation.
  2. The Customer shall be responsible for use of the Customer Equipment in connection with the Service and Customer agrees that access to the Internet is at Customer’s own risk and subject to all applicable laws. Vodafone advises all Customers to install an appropriate Internet security solution on the appropriate Customer Equipment but Vodafone shall have no liability to Customer for any loss or damage arising from installation, use or non-use of such software. Vodafone shall have no liability for any unauthorised access by a third party to the Customer Equipment or the internet or any other loss arising from the Customer’s failure to correctly configure the security settings on the Customer Equipment.
  3. The Customer may use its own modem to access the Service. If the customer selects a Modem from Vodafone when ordering a fixed Broadband package a once off charge shall apply as may be set out from time to time in the Tariff Sheet.
  4. If the Customer uses Customer Equipment for access to the Service, Vodafone shall no way support this equipment or make any assurances as to the quality of Service through use of the Customer Equipment and shall be in no way responsible for any damage done to the Customer Equipment or the Service as a result.
  5. If the Customer selects a replacement modem outside of the 12 month warranty period a charge may be applicable as set out therein.
  6. The Customer shall be responsible for installation of the Equipment provided by Vodafone in accordance with Vodafone’s instructions. Vodafone shall have no obligation to install Equipment.
  7. On termination of the Contract, or at any time on reasonable request by Vodafone, the Customer shall return all Equipment received from Vodafone to Vodafone.

 7. Customer use of Service

  1. The Customer may use the Service for consumer, domestic and/or personal purposes or in the course of a trade, business or profession
  2. Where a Customer avails of a promotional offer, subject to eligibility and availability, the terms and conditions of the respective offer shall apply for the time limit specified.
  3. The Customer undertakes not to use or permit others to use the Service or the Equipment (including, without limitation, in any e-mails, or Customer Information made available on the Internet):
    1. for business purposes to sell on or supply the Service to any one on a commercial basis;
    2. for any improper, immoral or unlawful purpose, or to cause any nuisance by the use of the Service;
    3. in any way that may cause degradation of service levels to other Customers as determined by Vodafone or put the Network at risk or which otherwise makes abnormal demands on the service or Vodafone's network or facility from a single connection;
    4. to transmit unsolicited commercial communications or promotional material;
    5. for the communication, transmission, publication, distribution or dissemination of any material which is, may be or is intended to be a hoax or is of a defamatory, offensive, abusive, obscene, indecent or menacing nature or which is in breach of any intellectual property right(s);
    6. for the processing of automated or manual “personal data” in contravention of the Data Protection Legislation; or
    7. otherwise in any manner which does not comply with the terms of any applicable law, legislation, regulation, direction or any licence or authorisation applicable to the Customer or any instructions given by Vodafone from time to time.
  4. The Customer shall ensure that the Customer Information complies with clause 7.3.
  5. The Customer shall ensure that all persons having access to the Service or the Equipment comply with the Conditions.
  6. The Customer shall keep the Access Details secure and confidential and the Customer shall be responsible for any use of the Service using the Customer’s Access Details.
  7. The Customer shall ensure that all Equipment and Customer Equipment are maintained and kept in good working order.
  8. The Customer shall comply with and agrees to be bound by all conditions of any licence or instructions under which the Equipment is provided.
  9. The Customer shall comply with all reasonable instructions from Vodafone in relation to the use of the Service.
  10. The Customer shall promptly inform Vodafone of any change in any of the details provided in the Customer Application, including without limitation, the Customer’s name, address, email address and/or telephone number.
  11. The Customer shall indemnify and hold Vodafone harmless against all liabilities, claims, damages, losses, expenses and proceedings howsoever arising from or in any way connected with the Customer Information, or the Customer’s use of the Service or the Equipment or breach of this clause 7.

8. Customer Service

  1. Vodafone customer service numbers are 1907 for bill pay customers and 1747 (from a mobile)  or 1850 20 40 20  (from a landline) for pay as you go customers.
  2. The Customer shall contact Vodafone in the event that it wishes to alter any aspect of the Service.
  3. The Customer shall contact Vodafone in the event that changes in the Customer's premises occurs where the Service is provided.
  4. A copy of Vodafone’s Customer Enquiries Code of Practice for initiating procedures for (a) settlement of disputes with Vodafone or (b) requesting a refund or compensation for failure by Vodafone to meet contracted service quality levels is available at www.vodafone.ie. Vodafone at its sole discretion shall decide on a case by case basis whether a Customer is entitled to a refund or compensation. Vodafone’s decision in this regard is final and no correspondence will be entered into in relation to same save in the manner set out in the Code of Practice.
  5. The Customer shall raise any complaints in relation to the Service using the complaints procedure set out in the Code of Practice.

9. Payment

  1. The Charges in respect of each Package are set out in the Tariff Sheet. All quoted Charges shall be inclusive of Value Added Tax. Vodafone reserves the right to alter such tariffs from time to time and shall notify Customers of such change in accordance with clause 9.2 of the Standard Terms and Conditions.
  2. Vodafone shall provide an online bill to the Customer as default for the Service. The Customer may request a paper copy of the bill.
  3. A once off connection charge may apply to the Service as may be set out from time to time in the Tariff Sheet .
  4. All sums due to Vodafone shall be paid in full by the Customer by the due date for payment set out in the Vodafone invoice. In order to avail of the Service, the Customer agrees to pay by direct debit, credit card or debit Card.
  5. Vodafone’s first monthly flat rate charge for the Service, shall, where applicable, be pro-rated to correspond with the period for which Vodafone will collect payment. This means that the first flat rate charge may be for a partial month in addition to the regular monthly period.
  6. In the event that, in any given month, the Customer exceeds the Monthly Download Allowance for their chosen broadband Package, Vodafone shall be entitled to charge the Customer for any additional capacity usage at the rates set out from time to time in the Tariff Sheet.
  7. Prior to taking payment from credit / debit card paying customers, Vodafone may first reserve funds on the Customer’s card equal to the total due at that date. Vodafone may also reserve a nominal amount on customer's card in order to validate card details. This amount shall not exceed €0.02 and will not be removed from Customer’s account.
  8. Should the Customer disagree with any charges shown on the Customer’s bill, the Customer is requested to lodge a complaint in accordance with Vodafone’s Code of Practice, prior to the due date for payment. Notwithstanding any complaint, all invoiced amounts shall be paid on the invoice due date pending the outcome of the complaints procedure. If, following the complaints procedure, it is established that the charges on any invoice are incorrect, Vodafone shall credit any overpayment to the Customer’s account.
  9. Save in the case of manifest error by Vodafone, all charges shall be calculated by reference to the data recorded or logged by Vodafone. Vodafone's determination in respect thereof is final.
  10. Where customer billing is dependent on information received by Vodafone from other networks or operators then the Customer accepts that such information is an accurate record of their use of the services.
  11. As some usage takes longer to rate, notwithstanding any other clause herein, the Customer may, at any time, be billed for charges incurred in a prior billing period.

10. Liability

  1.  Vodafone shall use reasonable endeavours to ensure that the Service is available for use by the Customer in accordance with the standards for the time being relating to the Service as set out in Vodafone’s Service literature, but shall not be liable for any delay, failure, interruption, or deterioration therein, howsoever arising.
  2. Vodafone shall make reasonable efforts to prevent unauthorised access to the Service by third parties but shall have no liability to the Customer for any loss or damage caused by unauthorised third party access to Service or the Equipment.
  3. Vodafone shall not be responsible or liable, directly or indirectly, for any damage or loss (including, without limitation, damage to the Customer Equipment, call charges or loss of data) arising by or in connection with access to or use of the Internet, including, without limitation, loss or damage arising as a result of any bugs, trojan horses, viruses, modem hijacking, worms or other harmful codes or errors experienced as a result of accessing the Internet
  4. Save as expressly provided herein, Vodafone disclaims all representations, warranties, guarantees, terms or conditions of any kind, whether express or implied, including but not limited to implied undertakings regarding quality of service implied under section 39 of the Sale of Goods and Supply of Services Act, 1893 and 1980, to the fullest extent permitted by law and the customer agrees that is fair and reasonable.
  5. UNDER NO CIRCUMSTANCES SHALL Vodafone Be Liable For any loss or damage arising as a result of:
    1. The Failure of the service or equipment due to the incompatibility of the Service with any Equipment not supplied by Vodafone;
    2. The Acts And Omissions Of Other Telecommunication Operators (including the access provider); OR
    3. breach in the security or privacy of messages transmitted using the service provided unless the breach results from the wilful default of Vodafone or its employees.
  6. Under no circumstances shall Vodafone be liable to the customer or any third party whether under contract, tort, statute or otherwise, for any indirect, economic, special or consequential loss, loss of profits, loss of data or loss of use of data, howsoever arising as a result of the customer’s use of the service or the equipment or otherwise in connection with the contract.
  7. Without prejudice to the exclusions of liability set out in this clause, Vodafone’s entire aggregate liability to the customer or any third party for any and all claims, howsoever arising out of or in connection with this agreement and whether under contract, tort, statute or otherwise, shall not exceed the lesser of (i) the total charges paid by the customer to Vodafone in the twelve (12) months prior to the date of the last event giving rise to such claim(s) and (ii) €1,000, provided that this shall not operate to exclude any minimum liability imposed by statute.
  8. This Clause 10 shall continue to apply notwithstanding termination of the Customer’s Contract for any reason whatsoever or howsoever arising.
  9. For the avoidance of doubt, any limitation or exclusion of liability under these terms and conditions shall only be to the extent permitted by law. Nothing in the Conditions shall limit or exclude Vodafone’s liability to the Customer for personal injury, death or fraudulent misrepresentation.

11. Termination

  1. Neither party may terminate the Contract during any applicable Minimum Period (if applicable) other than as provided herein. Should the Customer terminate its Contract prior to the end of any applicable Minimum Period, the Customer shall be liable for the Termination Charge and authorises Vodafone to debit the Termination Charge from the Customer's bank account in accordance with clause 2.4 above.
  2. Where the customer has availed of a discount or other promotion relating to the Agreement and terminates within the Minimum Period an amount equal to the value of any such promotion or discount, pro rated to the unexpired portion of the Minimum Period may at Vodafone’s discretion be reckonable for the purposes of calculating the Termination Charge.
  3. After the Minimum Period or, if there is no Minimum Period, at any time, either party may terminate the Service on giving the other thirty (30) days written notice.
  4. The Contract shall automatically terminate on termination of Customer’s voice (i.e. home telephone) package with Vodafone and clause 11.1 shall apply if such termination occurs during the Minimum Term.
  5. Vodafone shall be entitled to terminate the Contract and cease providing the Service forthwith without notice (giving only retrospective notice) if:
    1. The Customer is in material breach of the Conditions (including non-payment of the Charges in accordance with the Code of Practice);
    2. The Customer is in breach of any term of the Conditions and has failed to remedy such breach within 30 days of a notice from Vodafone requiring the Customer to remedy such breach;
    3. The Customer is in breach of clause 7;
    4. any information supplied by the Customer to Vodafone is false or misleading;
    5. Vodafone is obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organisation or other competent authority;
    6. the Customer is suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service;
    7. the Customer dies, becomes mentally ill or becomes the subject of bankruptcy or insolvency proceedings in any jurisdiction or has become unable to pay its debts as they fall due.
  6. Vodafone shall be entitled to terminate the Contract immediately by giving the Customer notice if any event of Force Majeure continues for a period of thirty (30) days or longer (see clause 4.1 of the Standard Terms and Conditions).
  7. If, on termination, any Charges are outstanding, Vodafone may continue to bar the Customer’s line following termination until all Charges have been paid up to date by the Customer.
  8. The termination or suspension of the Service or default of the Customer hereunder shall not affect the accrued rights and obligations of the parties under the Conditions. Any terms which expressly, or by implication, are intended to survive termination of the Customer’s Contract shall continue to bind the parties following such termination.
  9. Without prejudice to the generality of clause 11.7, on termination of the Contract, all Charges accrued by the Customer shall become immediately due and payable and, following termination, the Customer shall continue to pay the Charges accrued during the term of its Contract in accordance with Clause 9 hereof.
  10. On termination, the Customer shall return any Equipment received from Vodafone in respect of the Service to Vodafone.
  11. Where this Agreement is terminated by the Customer for the purposes of transferring its service to another authorised operator the transfer shall not come into effect until such time as the Customer has paid to Vodafone all charges due and owing, up to the date of termination together with all other charges arising from such termination
    Email, storage and other facilities
  12. Vodafone may provide email and/or storage and/or other facilities in association with Service. The Customer accepts that such facilities are not electronic communications services or products. Vodafone does not warrant that such facilities will meet the needs of the Customer nor does it guarantee the availability of such facilities. The terms and conditions for the use of these facilities are as set out on www.vodafone.ie.
    Third Party Services
  13. You may be able to use the Services:
    a) to upload, email or transmit content using the Services; and
    b) to access content which is branded or provided by others and to acquire goods and services from others. Where such access is provided, Vodafone’s role is limited to transmitting content to you and Vodafone does not exercise control over the content, goods or services. Vodafone is not responsible or liable in any way for, and does not endorse, any of this content, goods or services.

Fixed Broadband Modem Terms

Validity: Pre 1st April 2015


The following terms and conditions are in addition to and form part of the Standard Terms and Conditions of Vodafone Fixed Line and Fixed Broadband Services, and the Vodafone Fixed Broadband Terms and Conditions; in addition the following words shall have the following meanings:

Definitions

  • Broadband Modem – means the equipment required and used by the Customer to facilitate the supply of Fixed Broadband Services from Vodafone to the Customer.
  • Vodafone Broadband Modem – means the Broadband Modem equipment supplied by Vodafone, as requested by the customer, for the purpose of facilitating the Fixed Broadband Services supplied in this Agreement.
  • Non-Vodafone Broadband Modem – means the Broadband Modem equipment supplied by the Customer for the purposes of facilitating the Fixed Broadband Services supplied in this Agreement. This equipment may or may not have originally been supplied by Vodafone and, if so, was not supplied for the purposes of this current Agreement.
  • Modem Fee – means the fee or charge payable by the Customer in relation to any Vodafone supplied Broadband Modem equipment.
  1. If the Customer selects a Vodafone Broadband Modem from Vodafone a one off, Modem Fee shall apply and the Customer acquires ownership of the Vodafone Broadband Modem.
  2. The Customer may use its own, Non-Vodafone Broadband Modem to access the Fixed Broadband Service. If the Customer uses a Non-Vodafone Broadband Modem for access to the Fixed Broadband Services, Vodafone does not support or make any assurances as to the quality of Fixed Broadband Services through use of Non-Vodafone Broadband Modems and shall not be responsible for any loss or damage howsoever arising to Non-Vodafone Broadband Modem or the Fixed Broadband Services as a result.
  3. Vodafone may change its service delivery method or platforms from time to time which may require the Customer to change the Broadband Modem and/or the Broadband Modem settings to continue to avail of the Fixed Broadband Service. The parties agree that such changes do not constitute changes to the conditions of Service. Vodafone is not liable for any costs incurred as a result of any changes required to be made by the Customer.
  4. For existing customers opting to re-contract their Fixed Broadband Services with Vodafone, for a further Minimum Term or more, Vodafone may waive any new Modem Fee as a promotional offer from time to time.
  5. If the Customer requires a replacement Vodafone Broadband Modem from Vodafone within the period of their Vodafone Broadband Modem warranty, the Customer is entitled to a free replacement Vodafone Broadband Modem provided the original Vodafone Broadband Modem is;
    1. confirmed by Vodafone technical support to be faulty;
    2. this fault is confirmed as not caused by the Customer; and
    3. the original Vodafone Broadband Modem is confirmed as returned to the appropriate warehouse.
    If the original Vodafone Broadband modem is not returned to the address specified by Vodafone within 20 working days, Vodafone reserves the right to charge the customer for any replacement Vodafone Broadband Modem.
  6. If the customer requires a replacement Vodafone Broadband Modem from Vodafone outside the period of their Vodafone Broadband Modem warranty, a charge will apply.
  7. If the customer returns a Vodafone Broadband Modem to Vodafone as a change of mind during the Cooling Off Period or for the purposes of receiving a free replacement Vodafone Broadband Modem under clause 5 and this modem is returned damaged in any way, such that the Vodafone Broadband Modem is not fit for resale, Vodafone reserves the right to charge the customer.
  8. If for any reason Vodafone in error supplies additional Vodafone Broadband Modems to the customer, the customer shall notify Vodafone immediately.

Vodafone Broadband Voice Terms

Validity: Pre 20th January 2016


The General Terms and Conditions of the Vodafone Fibre-To-The-Building Service and the definitions therein shall apply. In addition the following words shall have the following meanings:

Definitions

  • Agreement - means the General Terms and Conditions, these terms and conditions, the Tariff Sheet (including Vodafone's tariffs for the Service) as amended from time to time, and the Customer Application Form (including the Customer Authorisation Form) which together constitute a legally binding agreement between the Customer and Vodafone;
  • Broadband Voice - means the provision of a voice service over internet telephony services accessed by the Customer.
  • COMREG - means the Commission for Communications Regulation which is the national regulatory authority for the electronic communications market in Ireland;
  • Messaging Service - means the sending of a SMS message over the Service
  • National Directory Database or NDD - means the record of all subscribers of publicly available telephone services in the State, including those with fixed, personal and mobile numbers, who have not refused to be included in that record;
  • The following terms and conditions relate to the Vodafone Broadband Voice service (the ‘BB Voice Service') and apply in addition to and form part of the General Terms and Conditions of Vodafone Fibre-To-The-Building Services. For the avoidance of doubt the below terms will form part of and apply in addition to each participating customer's terms and conditions of their Vodafone service. In the event of any conflict between the terms, the order of precedence shall be as follows; the terms and conditions set out below first, followed by the General Terms and Conditions of the Vodafone Fibre-To-The-Building Services.

    TERM

    1. The BB Voice Service is subject to an eighteen (18) month minimum term. After the expiry of the Minimum Term, the Agreement converts to a rolling one month contract.
    2. Either party may terminate this Agreement on the giving of a minimum of thirty (30) days written notice to the other. Where the Customer terminates this Agreement during the Minimum Term, a termination charge will apply as set out in the Tariff Sheet.
    3. If the Customer requests to add the BB Voice Service to their existing Vodafone account the Customer will be entered into a new eighteen (18) month minimum term contract for all services associated with that account from the date of the change.
    4. THE SERVICE

    5. Vodafone shall attempt to make the BB Voice Service available to the Customer at all times. However, Broadband Voice services (including some Vodafone Broadband Voice Services add-ons such as Vodafone-to-Vodafone calling) are dependent on the quality of the customer's broadband Internet connection. Therefore, the quality of the BB Voice Service cannot be guaranteed in the event of power outages or other unforeseen circumstances beyond the control of Vodafone.
    6. In respect of the BB Voice Service, Broadband Voice telephone calls are carried in the public domain via Internet connectivity and therefore security of these calls is not guaranteed in the absence of further security measures as advised by Vodafone. Vodafone shall endeavour to use appropriate security measures but accepts no liability with respect to call confidentiality. Vodafone shall act within the provisions of Data Protection Legislation in respect of Customer's information.
    7. Vodafone may monitor the use of BB Voice Service for violations of this Agreement. Vodafone may remove or block all communications if Vodafone suspect there has been or shall be a violation of the Agreement, or where Vodafone consider it necessary to protect the BB Voice Service or Vodafone, its affiliates, directors, agents, employees or customers from harm.
    8. CALLS TO EMERGENCY SERVICES

    9. Due to the nature of the BB Voice Service it shall not always be possible to accurately determine the exact location of a caller. An up-to-date address is required for BB Voice Service customers as this is required by the Emergency Services for location purposes. CALLERS USING THE BB VOICE SERVICE FOR EMERGENCY CALLS WILL NEED TO INFORM THE OPERATOR OF THEIR PHYSICAL LOCATION.
    10. EMERGENCY CALLS TO 112, 911 AND 999 WILL BE DIRECTED TO THE EMERGENCY SERVICES BUT NO GUARANTEE IS MADE ABOUT THE RELIABILITY OF SAME AND CUSTOMER SHOULD BE ESPECIALLY AWARE THAT POWER OUTAGES WHICH RENDER COMPUTER EQUIPMENT AND INTERNET CONNECTIVITY NON-FUNCTIONAL SHALL PREVENT THE USE OF THE VODAFONE SERVICE FOR EMERGENCY CALLS. IN THE EVENT OF SUCH AN OUTAGE VODAFONE ADVISE CUSTOMERS TO USE ALTERNATIVE METHODS, SUCH AS MOBILE TELEPHONES, TO ACCESS EMERGENCY SERVICES OR ANY OTHER CONNECTED SERVICES. VODAFONE ALSO ADVISE CUSTOMERS TO PLAN ACCORDINGLY IN ADVANCE.
    11. VODAFONE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE SERVICE, INCLUDING 999, 911 OR 112 DIALLING, AT ANY TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY: THIRD-PARTY OMISSION, EQUIPMENT FAILURE, EQUIPMENT MODIFICATION, FORCE MAJEURE, EQUIPMENT SHORTAGE, LOSS OF POWER OR THIRD PARTY FAULTS.
    12. There may be a greater possibility of network congestion and/or reduced speed in the routing of calls to emergency services or connected services made utilizing the BV Voice Service as compared to traditional calls to emergency services or connected services dialled over traditional public telephone networks. The Customer should inform any household residents, guests and other third persons who may be present at the physical location where the BB Voice Service is used of the important differences in and limitations of voice services over internet telephony dialling as compared with traditional phone service as it relates to access to emergency services and connected services.
    13. Vodafone do not have any control over whether, or the manner in which, calls using the BB Voice Service are answered or addressed by any emergency response centre or connected services provider. Vodafone disclaim all responsibility for the conduct of emergency response centres and connected services providers.
    14. Neither Vodafone nor its officers or employees may be held liable for any claim, damage, or loss, and the Customer hereby waives any and all such claims or causes of action, arising from or relating to accessing emergency services or connected services unless such claims or causes of action arose from gross negligence or wilful misconduct by Vodafone.
    15. The Customer shall defend, indemnify, and hold Vodafone and its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to the Customer in connection the Service harmless, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees) by, or on behalf of, the Customer or any third party relating to the absence, failure or outage of the BB Voice Service, including the inability of any user of the BB Voice Service to be able to access emergency services or connected services.
    16. VOICEMAIL

    17. Voicemail is a value-added service provided to Customer by Vodafone .Voicemails shall be accessible to Customer on their phone by dialling 171 and following the prompts.
    18. Voicemails shall be stored for a maximum of 3 months after which they shall be deleted permanently. Customer is advised to store their voicemails in email form where they need them for longer than this 3 month period.
    19. Where Customer has not activated their voicemail, they may not be able to access voicemails left in their inbox.
    20. Customer will be able to upload and send their own voicemail greetings using the BB Voice Service. The Customer hereby grants Vodafone and Vodafone's agents a royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any voicemail greetings uploaded using the BB Voice Services.
    21. Vodafone reserve the right to suspend any voicemail account that not has been accessed for a consecutive period of 5 months without prior consent or notification. A suspended voicemail account may be reactivated by contacting customer services or our online resources. In case of a suspension, Vodafone reserve the right to delete the content of a voicemail account at the time of suspension, including any greetings and any saved voicemails.
    22. In case a suspended account remains suspended for an additional consecutive period of one (1) month, Vodafone reserve the right to terminate the voicemail account.
    23. EQUIPMENT AND THE NUMBER

    24. If the Customer accepts the BB Voice Service, Vodafone will allocate a number to the Customer's line. The telephone number and any rights in the number belong to Vodafone, subject to the PORTING clauses; the Customer may not sell or agree to transfer the number to any person. For the avoidance of doubt, the Customer shall not own the number allocated to him/her.
    25. Vodafone are entitled to change the Customers telephone number or code number or the specification of the BB Voice Service for operational reasons but will always endeavour to advise the Customer of this by giving at least 30 days' prior notice.
    26. Numbers shall be de-allocated from a Customer's account where there is cancellation or lapse of the account.
    27. Irish geographic numbers allocated to a Customer which are subsequently de-allocated upon cancellation or lapse of Customer's account, shall be quarantined for 13 months during which time they shall be available for Customer should he or she decide to reopen their account. Upon expiration of the 13 month quarantine period, these numbers shall be removed permanently and shall be unavailable for recovery by the Customer.
    28. Vodafone does not offer support of any hardware other than approved devices purchased from Vodafone. Where hardware purchased directly from Vodafone is suspected to be faulty, and on the instruction of the Vodafone customer care team, the customer may return the item at their own expense to Vodafone within 30 days of receipt. Vodafone recommend it be returned by registered post or similar tracked delivery. Items lost or damaged while being returned to Vodafone are the responsibility of the customer.
    29. Customer is advised that where, in exceptional circumstances, a government authority orders the reallocation or change of a phone number, Vodafone is permitted to change a Customer's phone number for the BB Voice Service.
    30. FAIR USAGE

    31. The BB Voice Service is for normal residential use, including any unlimited calling plans.
    32. The use of the BB Voice Service is for telemarketing and the use of auto-diallers in connection with the BB Voice Service is prohibited.
    33. Vodafone can suspend or terminate the BB Voice Service if Vodafone determine, in our sole discretion that the number of calls or charges for calls made by the Customer indicate that the Services are not being used in a manner consistent with normal residential usage or that the Customer is otherwise in violation of this Agreement. Vodafone will make reasonable efforts to contact the Customer before suspending or terminating the BB Voice Service but Vodafone are not liable for any loss the Customer may suffer through any suspension covered by this condition.
    34. For the avoidance of doubt the fair usage limits are as follows;
      1. 5,000 call minutes to Irish landlines
      2. 1500 call minutes to Irish mobiles, where applicable
    35. Exceeding the Fair Usage limits may result in charges being incurred. All usage outside of or exceeding the limits of a Call Plan shall be charged at standard rates.
    36. CALL PLANS AND CHARGES

    37. Customer will be liable for any and all charges for calls or usage made from or by a device to their account or on their network while using the BB Voice Service.
    38. Calls to premium rate numbers (including but not limited to 15XX prefixed numbers) and other ‘special numbers' such as directory enquiries and non-geographic numbers (including but not limited to 18XX prefixed numbers - see the Tariff Sheet for details) are excluded from Customer's monthly allowance.
    39. Terms and conditions relating to specific add-on tariffs as may be amended from time to time shall be available on www.Vodafone.ie.
    40. Customers may change from their current tariff plan to another tariff plan upon giving a minimum of thirty (30) days' notice of intention to change and only after the conclusion of the minimum term, or upon paying the downgrade fee of €25, unless specified otherwise by Vodafone, and where, at the time of requesting or effecting the change, Customer does not have unpaid amounts owing.
    41. In the event that payments are overdue, Vodafone reserves the right to suspend or disconnect the BB Voice Service and/or other telecommunications services, including fixed line services, supplied by Vodafone to the Customer.
    42. Tariff plans shall be of minimum of 18 months' duration for the BB Voice Service; and may be of longer duration as agreed by the customer via the signed Customer Application Form or other written/oral agreement.
    43. PORTING

    44. Porting enables customers to retain their previous phone number when they move to another network operator or telecoms provider.
    45. By completing the Customer Application Form, where porting is requested, the Customer warrants and represents that he/she accepts the terms contained therein, has provided accurate information and that he/she is the person authorised to instruct Vodafone to port the number.
    46. Customer acknowledges that:
      1. The request will terminate service with the existing telephony provider;
      2. Only the number specified will be moved;
      3. It shall be the responsibility of the Customer to ensure that they give sufficient notice of termination of any agreement with any previous service provider, subject to the terms and conditions of that agreement;
      4. It shall be the responsibility of the Customer to ensure that all information provided in the Porting Form is complete and correct. The port request may be rejected if any information provided is inaccurate, incomplete or misleading;
      5. The services provided by the previous service provider to Customer, including, without limitation, unused call credit or benefits, tariffs and terms and conditions of use that applied to Customer's service will not be transferable or transferred to Customer's Vodafone services;
      6. Contractual and other obligations, charges and costs due to the previous service provider will remain due and owing and shall be subject to settlement by Customer with the previous service provider in accordance with the terms and conditions applying to the provision of that service; and, in the case of telephony numbers, the previous service provider may decline to proceed with the port in the event that there is a debt on the account i.e. account is barred or suspended; and
    47. The process will be deemed to commence on the date of signing and submission of the porting form and it may not be possible to reverse the process once it has started.
    48. Where the signatory is not the person legally entitled to request Vodafone to move the number or a person or entity authorised to complete the porting form, or if fraudulent or misleading information is supplied, then the signatory will be personally liable for all or any loss or damage arising from the unauthorised transfer of the number.
    49. Vodafone may refuse to process Customer's instructions if:
      1. information provided by the Customer is incorrect or misleading;
      2. The information provided in relation to the number is not compatible with information held by the previous service provider;
    50. Vodafone shall endeavour to comply with criteria established by ComReg in respect of number porting but does not warrant or represent that the number port will be completed within a particular timeframe. There may be a period where no services are available, from either the previous service provider or from Vodafone.
    51. Vodafone will not be liable or responsible for making good any loss, damage, costs or expenses or other liability whether incurred directly, indirectly or as a consequence of the unavailability of the BB Voice Service.
    52. In respect of a ‘port out' request where the Customer wishes to move their number from Vodafone to another provider, the Customer is requested to ensure that there are no payments outstanding on their account before they arrange for a port out request to be submitted in respect of any number.
    53. DIRECTORY ENQUIRES

    54. Vodafone does not provide a telephone directory service. Vodafone may make Customer's name, address and telephone number available to the emergency services and to any other licensed public telecommunications operators for the purpose of telephone directories and a public directory enquires service. You must notify us, in writing, should you wish any such information to be withheld or if you wish to opt out of the National Directory Database (NDD) and if this is your wish then we shall only disclose such information if and to the extent that we are legally required to do so.
    55. Third parties are allowed to use the NDD for direct marketing. Vodafone can request the operator of the NDD to place an indicator next to a Customers NDD entry advising third parties that the Customer does not wish for their details to be used for this purpose.
    56. Vodafone do not accept any liability whatsoever for a failure by any other operator to whom Vodafone provide such information to comply with any listing request that the Customer may make to Vodafone or to that operator.

    Vodafone Lightspeed Broadband Terms and Conditions

    Validity: Pre 20th January 2016


    Definitions

  • Access Provider - means SIRO Limited, trading as ‘SIRO' with registered address 27 Lower Fitzwilliam Street, Dublin 2. Registered Company Number; 540946.
  • Agreement - means these Terms together with the Customer Application Form and the terms and conditions of any applicable service options, tariff plans or promotions constitute a legally binding agreement between Vodafone and the Customer.
  • Charges - means the charges for the Services, as published in Vodafone's periodically updated tariff guides (including, but not limited to, connection charges, service options, monthly rental or tariff charges, call charges (which may vary depending on the type of Call made), connection charges and administrative charges) and certain Third Party Services which the Customer may choose to receive;
  • Commencement Date - means the date when Vodafone accepts the Customer Authorisation Form and/or connects the Customer to the Services, whichever is the earlier. The Vodafone will communicate an estimated Commencement Date to the Customer in advance but this date is not guaranteed;
  • Customer - means the customer who, being an individual enters into this Contract by completing and signing the application form or who, being an organisation, enters into this Contract by virtue of the completion and signing of the application form by an authorised signatory
  • Customer Information - means all content, including any data, information, video, graphics, sound, music, photographs, software and any other materials (in whatever form) transmitted, published, disseminated, distributed or otherwise made available by or on behalf of the Customer, via e-mail, website or otherwise, using the Service;
  • Customer Application Form or CAF means the Customer's application process for the Services. This form or application via online or telephone approves and authorises the provision of the Services by Vodafone to the Customer and contains such information as Vodafone may reasonably specify. For the avoidance of doubt, the form, content and medium of the Customer Acceptance Form (in writing, on-line or via other means) shall be as specified by Vodafone from time to time;
  • Data Protection Legislation - means the Data Protection Acts 1988 and 2003 and any amendment, replacement or supplement thereto, from time to time;
    "Equipment" means any Vodafone or Third Party Equipment as required for the supply and use of the Services;
  • Fixed - the word fixed when used in conjunction with a service means services which are associated with a specified address or location;
    "FTTB" means Fibre-to-the-Building;
  • FTTB Service - means the Services via fibre to the building service to be provided by Vodafone under this Agreement;
  • Minimum Term - means the minimum period for the supply of the Services, such period to be as specified on the Customer Application Form or as specified in the service specific terms and conditions commencing on the commencement date unless otherwise agreed between the parties;
  • Services - means the Fibre-to-the-Building (‘FTTB') telephone and fixed broadband services.
  • Tariff Sheet - means the Vodafone landline and broadband pricing guide as may be amended by Vodafone from time to time in accordance with the Standard Terms and Conditions and which is available at www.vodafone.ie;
  • Termination Charge - means the fee payable by the Customer where the Customer chooses to terminate the Agreement before the expiry of the Minimum Term and which is equal to the balance of the remaining unexpired Minimum Term as specified in the Tariff Sheet.
  • Third Party Equipment - means any equipment of a third party which is supplied by Vodafone as part of the Services as set out in these terms and conditions;
  • Third Party Service - means any service promoted or provided by third parties to the Customer using the Services.
  • Vodafone - means Vodafone Ireland Limited, MountainView, Leopardstown, Dublin 18.
  • Vodafone Agents - means any third party authorised to promote and sell the Service or carry out business activities on Vodafone's behalf.
  • The following general terms and conditions (the "Terms") shall apply to all Fibre-to-the-Building (‘FTTB') telephone and fixed broadband services (the "Services"). When signing up to the Services from Vodafone Ireland Limited (a company registered in Ireland having its registered address at MountainView, Leopardstown, Dublin 18) ("Vodafone") the Customer will be required to accept the Terms as well as any service specific terms and conditions which relate specifically to the services chosen by the Customer.


    GENERAL

    1. These Terms together with the application form and the terms and conditions of any applicable service options, tariff plans or promotions constitute a legally binding agreement (the "Agreement") between Vodafone and the Customer. Use by the Customer or by another person (whether or not such a person is acting with the authority of the Customer) of any of the Services provided by Vodafone, shall be deemed to constitute an acceptance of this Agreement.
    2. This Agreement shall commence and the Customer shall be deemed to have accepted that he/she is bound by, and has agreed to comply with, the terms of this Agreement (as defined above) on the Commencement Date and, subject to termination in accordance with these Terms, shall continue for the Minimum Term of the applicable Services and thereafter shall continue on a month by month basis until terminated in accordance with these Terms. Please note that various related Vodafone products and services including Add Ons and Third Party Services may be subject to their own distinct terms and conditions which the Customer is advised to read.
    3. Vodafone reserves the right to refuse to accept any Customer application.
    4. Vodafone may vary or change the Agreement or any part of the Services for any commercial, technical or operational reason and any material changes shall be notified to the Customer in advance.
    5. These Terms apply the Services which Vodafone have contracted to provide the Customer at the time of entering into this Agreement and will continue to provide over the duration of the contract. These Terms can only be changed by Vodafone giving the Customer thirty (30) days' notice. In the event of any such alteration, the Customer shall have the option to terminate the Service without penalty during that 30 day notice period, subject to payment by the Customer of all Charges due to date. The Customers continued use of the Service signifies their acceptance of any amendment.
    6. Please note that Vodafone Agents are not authorised to amend this Agreement or to agree any provision which is inconsistent herewith.
    7. Connection to the Network shall be conditional on:
      1. the Customer having and maintaining a credit rating satisfactory to Vodafone and providing Vodafone with such financial security as it reasonably requires;
      2. the Customer providing valid proof of identity/address and such evidence of residency in Ireland as Vodafone may require;
      3. the Customer being over eighteen (18) years of age (if personal application); and
      4. truthful and accurate completion of the application form by the Customer and the provision of such other information as Vodafone may for any valid reason request.
    8. There will be a customer care support service in connection with the Services, available from 09:00 to 21:00 from Monday to Friday and from 10:00 to 18:00 on Saturday, Sundays and Holidays at the following number: 1907.
    9. SERVICE AVAILABILITY

    10. The Customer must have a service delivery address located within a geographic area covered by the network reach of the Access Provider's network.
    11. The Customer's line must pass all prequalification testing carried out by Vodafone and/or the Access Provider and the line must be capable of activation for the Service at the service delivery address.
    12. INSTALLATION

    13. On the placing of an order for the Services, Vodafone will provide the Customer with a timeline within which it will deliver the Services. This timeline may vary from customer to customer depending on the circumstances affecting the delivery mechanism for the Customer.
    14. Vodafone will use its reasonable efforts to install the Services in accordance with the timeline it agrees with the Customer, but such dates are estimates only and Vodafone cannot guarantee that it will meet such dates.
    15. Vodafone will work with the Access Provider to provide the initial connection to the Customer within 90 days of Commencement Date or as otherwise agreed with the Customer
    16. To receive the Services, the Customer must allow Vodafone and/or the agents of Vodafone access to their property in order to allow for the installation of equipment and so that they may carry out any works necessary for the provision of such Services. THE CUSTOMER ACCEPTS THAT IN ORDER TO INSTALL THE SERVICES, CERTAIN THIRD PARTY CONSENTS MAY BE REQUIRED BY THE ACCESS PROVIDER AND IT MAY BE THE RESPONSIBILITY OF THE CUSTOMER TO OBTAIN THESE CONSENTS WHERE REQUIRED. FAILURE TO OBTAIN THESE CONSENTS SHALL RESULT IN THE AGREEMENT BEING TERMINATED WITH IMMEDIATE EFFECT WITHOUT PENALTY BETWEEN VODAFONE AND THE CUSTOMER.
    17. VODAFONE SHALL MAKE COMMERCIALLY REASONABLE ENDEAVOURS TO INSTALL THE SERVICES BUT SHALL NOT BE LIABLE IN THE EVENT THAT IT IS NOT ABLE TO COMPLETE INSTALLATION. IN SUCH EVENT, THE AGREEMENT SHALL BE TERMINATED WITH IMMEDIATE EFFECT WITHOUT PENALTY BETWEEN VODAFONE AND THE CUSTOMER.
    18. Where rental premises are concerned, it is the responsibility of the tenant to inform and seek permission from the landlord regarding the installation of equipment, including any required alterations to the premises. THE CUSTOMER AGREES THAT THEY WILL INDEMNIFY VODAFONE IN RESPECT OF ANY CLAIM OF TRESPASS BY A LANDLORD OR ANY THIRD PARTY IN CIRCUMSTANCES WHERE THE CUSTOMER HAS FAILED TO OBTAIN THE APPROPRIATE CONSENT AS REQUIRED UNDER THIS CLAUSE 17.
    19. Vodafone's Agents will utilise any suitable available pre-existing overhead and underground infrastructure where possible, although in certain circumstances, underground digs may be required. Where no underground ducts are available, an overhead install solution may be used between homes and/or businesses and/or from a power line pole onto the façade of the Customer's premises.
    20. Vodafone's Agents will carry out installation works which will include drilling a hole through the wall of the Customers property and affixing a coupler box to an external and internal wall. The Customer must be present at the premises at the arranged time for install, in order to facilitate access to the premises, as required and to acknowledge that the works have been carried out to a suitable standard. If the Customer is classified by Vodafone as a Business Customer, then there may be additional installation or configuration requirements at the Customer premises, such as static IP configuration or other. The Customer must ensure that the local IT support service technician is available on the premises at the time to the installation to conduct these additional installation or configuration requirements as the Vodafone agent will not perform these tasks.
    21. The Customer acknowledges that their power supply may be interrupted during the installation process.
    22. THE SERVICES

    23. After installation has been completed, Vodafone will provide the Services in accordance with these Terms.
    24. In supplying the Services, Vodafone will use reasonable skill and care but cannot guarantee fault free performance. Vodafone does not warrant that the Services will be suitable for specific Customer applications, that the operation of the Services will be uninterrupted or error-free or that the Services will support or be compatible with any applications or other services which the Customer uses in conjunction with the Services.
    25. Due to the wide range of causes of faults, many of them outside of Vodafone's control, it is not possible for Vodafone to fix a particular fault in a guaranteed timeframe. However, Vodafone will use all reasonable endeavours to repair faults in a timely fashion. There are no compensation and refund arrangements which apply if targeted service quality levels are not met, the service is provided on a best effort basis.
    26. Vodafone reserves the right, at its discretion and without prejudice to any other provisions of this Agreement, to issue such reasonable instructions concerning the use of the Services as it considers necessary in the interests of safety, quality of the Services, other customers or telecommunications services as a whole. Vodafone may also issue details as to minimum system requirements.
    27. Vodafone may modify the standard settings and/or features of the Services to offer additional services or value to a Customer's Services or package from time to time.
    28. Vodafone shall make reasonable efforts to prevent unauthorised access to the Services by third parties but shall have no liability to the Customer for any loss or damage caused by unauthorised third party access to Services or the Equipment.
    29. Vodafone may need to access the Customer's modem remotely in order to gather diagnostic information about reported issues and to fix customer issues using firmware upgrades or configuration changes. The Customer agrees that Vodafone may carry out such access as is necessary by Vodafone to ensure stability of service.
    30. From time to time, Vodafone will carry out firmware upgrades or configuration changes to the Customer modem in order to improve the customer experience. Where possible, Vodafone will provide the Customer with advance notice of such upgrades or changes. However, it will not always be possible to provide such notice and the Customer acknowledges that Vodafone may carry out such upgrades or changes without providing any advance notice to the Customer, in certain circumstances.
    31. The Customer may be able to use the Services: a) to upload, email or transmit content using the Services; and b) to access content which is branded or provided by others and to acquire goods and services from others. Where such access is provided, Vodafone's role is limited to transmitting content to the Customer and Vodafone does not exercise control over the content, goods or services. Vodafone is not responsible or liable in any way for, and does not endorse, any of this content, goods or services.
    32. Vodafone may provide email and/or storage and/or other facilities in association with the Services. The Customer accepts that such facilities are not electronic communications services or products. Vodafone does not warrant that such facilities will meet the needs of the Customer nor does it guarantee the availability of such facilities. The terms and conditions for the use of these facilities are as set out on www.vodafone.ie.
    33. SERVICE LIMITATIONS

    34. The Customer acknowledges that the speeds in respect of the Services as indicated by Vodafone, may be reduced by contention within the network from time to time and these speeds are not guaranteed. Speeds indicated are line speeds and not data transfer speeds.
    35. The Customer acknowledges that the best speeds will always be achieved by connecting a device directly to the modem via the ethernet cable. Wi-Fi speeds will vary based on distance from the modem, the amount of users connected and other electrical devices that may be using the same wireless channel e.g. cordless phones or baby monitors. The Customer acknowledges that by keeping up to date with software, firmware and antivirus updates may also ensure the device will be able to achieve optimum speeds.
    36. The Customer acknowledges that speeds achievable and service quality are strictly subject to each customers device and service capabilities.
    37. The Customer acknowledges and accepts by entering this Agreement, that the Services will not support existing traditional copper delivered telephony/traditional voice line dependent services such as, but not limited to; landline, and in particular calls to the Emergency Services, monitored alarm or panic/assistance button/service, Fax line, TV Service using phone line, Older TV set top boxes or any other service that relies on the use of a traditional copper circuit switched phone line.
    38. The Services, in and of itself, does not provide a PSTN service, and does not provide a voice service through which access to emergency services and caller location information is provided.
    39. Vodafone does not have any procedures put in place to shape traffic so as to avoid filling or overfilling a network link. However, Vodafone does measure traffic for billing, fair usage monitoring and such that it can take action to enhance the Customers experience of the Services, such interventions will not degrade the Customers experience in any appreciable manner.
    40. FAIR USAGE

    41. THE FAIR USAGE CAP FOR DATA USAGE ON THE SERVICES IS 1000 GB OVER THE COURSE OF ANY GIVEN BILLABLE MONTH. IF THE CUSTOMER EXCEEDS THE FAIR USAGE CAP FOR DATA ON MORE THAN 2 OCCASIONS IN ANY CALENDAR YEAR THEN VODAFONE MAY TERMINATE OR SUSPEND THE CUSTOMER'S SERVICE. VODAFONE WILL PROACTIVELY CONTACT CUSTOMERS IN ADVANCE OF ANY SUSPENSION OR TERMINATION.
    42. SUSPENSION OF THE SERVICE

    43. The Customer agrees that from time to time it may be necessary for Vodafone to temporarily suspend the Services during periods of repair, essential maintenance or alteration or improvement to the Services or otherwise in accordance with the law.
    44. Vodafone may immediately, without notice, temporarily bar, suspend, restrict, and/or disconnect the Customer's use of the Services (collectively "suspension") wholly or partially for any valid reason, including without limitation, where:
      1. the Customer fails to pay any Charges set out in this Agreement
      2. the Customer fails to observe any other term or obligation set out herein or any relevant law; or
      3. the Customer engages in any activity (or permits any activity) which Vodafone (as in its discretion shall determine) considers:
        1. to be contrary to existing legislation or regulations applicable to provision of the Services or
        2. is or is likely to have an adverse impact on the quality of the Services or the integrity of the Services.
    45. Vodafone shall use reasonable endeavours to contact the Customer, but shall not be obliged to contact the Customer, prior to any such suspension of the Services.
    46. Vodafone shall be entitled to maintain suspension of the Services until any breach outlined in Clause 39 is remedied to Vodafone's' satisfaction.
    47. VODAFONE SHALL BE ENTITLED TO CHARGE A RECONNECTION FEE AS SET OUT IN THE TARIFF SET ON RECONNECTION OF A CUSTOMER, FOLLOWING ANY TEMPORARY PERIOD OF SUSPENSION UNDER CLAUSE 39.
    48. Vodafone may suspend the Services from time to time, without liability or notice, for the alteration, improvement or maintenance of the Services.
    49. Where a Customer's Services is suspended in accordance with the above, any requests for changes to the Services (including upgrades/downgrades or cessation) shall not be possible.
    50. CUSTOMER RESPONSIBILITIES

    51. The Customer warrants that all information and details provided by the Customer to Vodafone in his/her Customer Application Form are true and accurate and the Customer shall promptly advise Vodafone immediately in writing or by contacting Vodafone's customer care team via 1907 (where applicable) with any changes to that information (including without limitation, the Customer's name, address, email address and/or telephone number).
    52. The Customer undertakes and agrees to use the approved Equipment as supplied by Vodafone only in order to access the Services and the Customer shall not use the Equipment otherwise than permitted under this Agreement.
    53. The Services are provided solely for the Customers own use.
    54. The Customer undertakes not to use or permit others to use the Services or the Equipment (including where relevant in any emails, or Customer Information made available on the Internet):
      1. for business purposes to sell on or supply the Services to anyone on a commercial basis;
      2. for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Services;
      3. in any way that may cause degradation of service levels to other customers as determined by Vodafone's or in any way jeopardises, impairs, interrupts or interferes with the integrity or security of the Services;
      4. to send unsolicited commercial communications or promotional material;
      5. for the communication, transmission, publication, distribution or dissemination of any material which is, may be or is intended to be a hoax or is of a defamatory, offensive, abusive, obscene, indecent or menacing nature or in breach of any intellectual property right;
      6. for the processing of automated or manual "personal data" in contravention of Data Protection Legislation; or
      7. otherwise in any manner which does not comply with the terms of any applicable law, legislation, regulation, direction or any licence or authorisation applicable to the Customer or any instructions given by Vodafone from time to time.
    55. The Customer hereby agrees to avail of the Services subject to the provisions of any legislation, regulations, bye-laws or codes of practice applicable to such use.
    56. The Customer shall ensure that all persons having access to the Services or the Equipment comply with this Agreement.
    57. The Customer shall comply with all reasonable instructions given to the Customer by Vodafone in relation to the use of the Service.
    58. THE CUSTOMER SHALL INDEMNIFY AND HOLD VODAFONE HARMLESS AGAINST ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, EXPENSES AND PROCEEDINGS HOWSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE BY THE CUSTOMER OR ANY OTHER PERSON OF THE SERVICES AND/OR THE EQUIPMENT PROVIDED UNDER THIS AGREEMENT AND/OR ANY BREACH OF THIS AGREEMENT BY THE CUSTOMER.
    59. EQUIPMENT
    60. Vodafone will retain ownership of all Equipment, including but not limited to any cables and/or fittings provided to you under this Agreement and may remove them during or upon the termination of this Agreement. For the avoidance of doubt, title to any equipment will not transfer to the Customer and it shall remain vested in Vodafone unless agreed otherwise between the Parties, in such circumstances title to such equipment will pass to the Customer upon full payment of any relevant equipment charges.
    61. The Customer shall ensure that all Equipment is maintained and kept in good working order.
    62. Vodafone does not guarantee that hardware, other than that purchased from Vodafone, will work with Vodafone services. Vodafone does not encourage Customer to connect any equipment to the Services which has not been supplied or expressly approved by Vodafone. Vodafone shall have no liability for any equipment, plug-ins or other devices, hardware or software provided by Customer, for use in connection with the Services. Any such equipment must be compatible with the Services, must not cause damage or loss to the Services or the Network and must be used in accordance with relevant instructions, safety and security procedures.
    63. Devices configured and sold by Vodafone are intended only to be used with the Vodafone Service. To ensure that customer is provided with the highest possible level of service and support, and to preserve the integrity of the Vodafone network, all devices sold by Vodafone shall be administered by Vodafone only. This means that under no circumstances shall Vodafone supply Customer with administration access for hardware, including when Customer closes or cancels his account.
    64. Vodafone does not support or make any assurances as to the quality of the Services supplied through the use of Third Party Equipment and shall not be responsible for any loss or damage howsoever arising from Third Party Equipment or the Services as a result.

    LIMITATION OF LIABILITY

    1. Nothing in this Agreement shall limit or exclude Vodafone's liability to the Customer for personal injury or death.
    2. Vodafone shall use reasonable endeavours to ensure that the Service is available for use by the Customer in accordance with the terms of this Agreement but shall not be liable for any delay, failure, interruption, or deterioration therein, howsoever arising.
    3. Vodafone shall make reasonable efforts to prevent unauthorised access to the Service by third parties but shall have no liability to the Customer for any loss or damage caused by unauthorised third party access to the Services or the Equipment.
    4. The Customer acknowledges that Vodafone shall to the greatest extent permitted by law, have no liability whatsoever for any delay, failure, interruption, non-availability or deterioration in any equipment or service provided under this Agreement.
    5. Save as expressly provided herein, Vodafone disclaims all representations, warranties, guarantees, terms or conditions of any kind, whether express or implied, including but not limited to implied undertakings regarding quality of service implied under Section 39 of the Sale of Goods and Supply of Services Act, 1893 and 1980, to the fullest extent permitted by law and the customer agrees that is fair and reasonable. For the avoidance of doubt any limitation or exclusion of liability under these terms and conditions shall only be to the extent permitted by law.
    6. Under no circumstances shall Vodafone be liable for any loss or damage arising as a result of:
      1. the failure of the service or equipment due to the incompatibility of the service with any equipment not supplied by Vodafone;
      2. the acts and omissions of other telecommunication operators (including the access provider); or
      3. breach in the security or privacy of messages transmitted using the service provided by us unless the breach results from the wilfull default of Vodafone or its employees.
    7. Under no circumstances shall Vodafone be liable to the Customer or any third party, whether under contract, tort, statute or otherwise, for any indirect, economic, special or consequential loss, howsoever arising as a result of the customer's use of the Service or the Equipment or otherwise in connection with this Agreement, however it may arise, whether foreseen or unforeseen, including but not limited to loss of time, loss of savings, loss of data, loss of business, loss of revenue, loss of opportunity, loss of goodwill or loss of profits.
    8. Without prejudice to the exclusions of liability set out in this clause, Vodafone' entire aggregate liability to the customer or any third party for any and all claims, howsoever arising out of or in connection with this agreement and whether under contract, tort, statute or otherwise, shall not exceed the lesser of (i) the total charges paid by the customer to Vodafone in the 12 months prior to the date of the last event giving rise to such claim(s) and (ii) €1,500, provided that this shall not operate to exclude any minimum liability imposed by statute.
    9. These Clauses 58-66 (LIMITATION OF LIABILITY) shall continue to apply notwithstanding termination of this Agreement for any reason whatsoever or howsoever arising.
    10. USE OF INFORMATION
    11. Vodafone shall comply with obligations under the Data Protection Acts 1988 and 2003. This section is subject to the provisions of Vodafone's Privacy Policy, which can be found at http://www.Vodafone.ie/.Vodafone shall collect and process personal data for legitimate business purposes that are connected with the delivery of the Services to you. These may include processing Customer's application, conducting credit and anti-money laundering checks, supplying Customer with Vodafone's products or Services, administering Customer's account, calculating usage and charges, invoicing, customer services and the efficient management of call and traffic data. Vodafone may also process Customer's personal data for the following purposes:
    12. To monitor or record calls to or from Vodafone's customer services department for training and quality purposes, customer record purposes and in order to track reported problems;
        a. To prevent, detect and investigate fraud or any other criminal activity;b. To investigate improper use of the Services or the Network; orc. To assess and profile Customer's network and billing history for Price Plans, statistical and customer service purposes.
    13. The Customer consents to Vodafone accessing existing customer account details on Vodafone's systems (name, address, credit information, etc.) for the purposes of processing Customer's Vodafone application, administering the customer account and provision of the Vodafone service to Customer.BY ENTERING INTO THIS AGREEMENT, THE CUSTOMER EXPLICITLY CONSENTS TO THE USE OF CUSTOMER INFORMATION FOR THESE PURPOSES WHICH INCLUDE ACCOUNT MANAGEMENT, MARKET RESEARCH, CUSTOMER PROFILING, PRODUCT AND SERVICE DEVELOPMENT, PRODUCT AND SERVICE MARKETING AND CUSTOMER CARE, EFFICIENT OPERATION OF THE SERVICES AND OTHER LEGITIMATE BUSINESS PURPOSES. The Customer shall be deemed in accepting these terms and conditions to have given consent for the use of their information for such purposes. THE USE OF SUCH INFORMATION FOR PURPOSES OTHER THAN THOSE OUTLINED IN THIS AGREEMENT SHALL BE SUBJECT TO THE CUSTOMER'S CONSENT AS GIVEN IN ITS CUSTOMER ACCEPTANCE FORM AND THE CUSTOMER AUTHORISATION.
    14. Personal information will be retained for a reasonable period in accordance with Vodafone's legislative obligations under the Date Protection Acts in a secure environment.
    15. Please note that Customer calls to Vodafone's Customer Care support service may be recorded for training and quality control purposes.
    16. Vodafone will find it necessary to disclose certain Customer information to its group companies, other licensed telecommunications operators and Vodafone's agents for the purposes of providing the Services and also to third parties (including other telecommunications operators) for the purpose of administration, account management, customer profiling, market research, fraud prevention, services and product development, insurance claims processing, porting and other legitimate business purposes. Personal data is not otherwise disclosed to third parties, save where required for the purposes of compliance with any regulatory, government or legal requirement.
    17. Vodafone may use the Customer's contact details from time to time to contact the Customer about Vodafone and its promotions, products or services which may be available to the Customer or to send the Customer details of such promotions, products or services. The Customer hereby explicitly consents to such contact while the Customer is availing of the Services and for a period of 12 months after the Customer ceases to avail of the Services. The Customer may indicate in its Customer Acceptance Form or contact Vodafone's Customer Care support service via 1907 at any time that it does not wish to receive such communications.
    18. The Customer has the right to obtain a copy of any personal data that Vodafone holds about him/her/it/them. If Customer wishes to avail of this right, please submit a written request to:Data Protection Team, Customer Care, Vodafone Ireland Limited, Mountainview, Leopardstown, Dublin 18.,
    19. Vodafone, shall as part of any dispute resolution process, between itself and the Customer, disclose such information as it deems reasonable and necessary, to the Arbitrator/Mediator in confidence.
    20. Vodafone may only disclose Personal Data to third parties or other members of the Vodafone Group: (i) for the purposes of providing the Services; (ii) if required by Data Protection Law, court order, Data Protection Commission or any other statutory body or agency; or (iii) to third parties lawfully sub-processing for Vodafone to deliver the Service.
    21. CHARGES AND PAYMENT

    22. Vodafone keeps an up to date set of details of prices and tariffs available on the Vodafone website at http://www.vodafone.ie/ from where up-to-date information on all applicable tariffs and maintenance charges may be obtained, including payment methods offered and any differences in costs due to payment method. Vodafone reserves the right to alter such tariffs from time to time and shall notify Customers of such changes in accordance with Clause 5 of these terms.
    23. Vodafone shall provide an online bill to the Customer as default for the Service every month. The Customer agrees to provide a valid email address for the purpose of online billing If the Customer requests a paper copy of the bill or is provided with a paper copy because a valid email address was not given for online billing a paper bill will be provided free of charge. If the Customer requests a hard copy of a previous bill, a fee may be charged.
    24. All Charges and other payments due to Vodafone shall be paid in full by the Customer by the due date for payment set out in Vodafone invoice. Where payment of the Charges is not made by the due date, Vodafone may apply a once-off late payment fee as set out in the Tariff Sheet. Vodafone reserves the right to contact the Customer directly through the Services, by email, by post, or by telephone in relation to overdue payments.
    25. In order to avail of the Service, the Customer agrees that all Charges and payments payable by the Customer under this Agreement shall be paid by Direct Debit (unless otherwise specifically agreed with Vodafone). The Customer hereby authorises Vodafone to debit the Charges and other payments due to Vodafone under this Agreement from the Customer's bank/credit card account. Vodafone reserves the right to apply a charge as set out in the Tariff Sheet for each occasion a direct debit payment fails provided the failure is not caused by Vodafone.
    26. Should the Customer disagree with any charges shown on the Customer's bill, the Customer must lodge a complaint in accordance with Vodafone's Code of Practice, prior to the due date for payment. Notwithstanding any complaint, all invoiced amounts shall be paid on the invoice due date pending the outcome of the complaints procedure. If, following the complaints procedure, it is established that the Charges on any invoice are incorrect, Vodafone shall credit any overpayment to the Customer's account.
    27. Save in the case of manifest error by Vodafone, all charges shall be calculated by reference to the data recorded or logged by Vodafone. Vodafone's determination in respect thereof is final.
    28. Where customer billing is dependent on information received by Vodafone from other networks or operators then the Customer accepts that such information is an accurate record of their use of the services.
    29. Where Charges are not applied to the customer invoice for the billing period relating to when they were incurred, notwithstanding any other clause herein, the Customer remains liable for any accrued charges and may, at any time, be billed for charges incurred in a prior billing period.
    30. CONTRACT TERM

    31. The minimum term of this Agreement is outlined on the Customer Application Form ("Minimum Term"), and following the expiry of the Minimum Term, the Agreement converts to a rolling one month contract thereafter.
    32. In the event that a Customer upgrades/downgrades from one Service as specified on the Customer Application Form to another option, the Charges for the higher/lower option will apply with immediate effect. The Customer will be given a new Minimum Term which will take effect from the date the upgrade/downgrade is applied.
    33. In the event that a Customer agrees to avail of a promotional offer, the Customer may be subject to a new Minimum Term as agreed between the parties as part of the terms of the offer.
    34. TERMINATION

    35. Neither party may terminate the Agreement during any applicable the Minimum Term. Should the Customer terminate the Agreement after expiry of any applicable cooling off period under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 , but during the Minimum Term, the Customer shall notify Vodafone with thirty days written notice. The Customer shall be required to pay the Termination Charge set out in the Service specific terms and conditions and the tariff sheet, and authorises Vodafone to debit the Termination Charges from the Customer's bank account.
    36. After the Minimum Term either party may terminate this Agreement or any of the specific Services on giving the other thirty (30) days' written notice.
    37. Vodafone shall be entitled to terminate this Agreement and cease providing the Services forthwith without notice if:
      1. the Customer is in material breach of this Agreement (including non-payment of the Charges as set out in this Agreement) ;
      2. the Customer is in breach of any term of this Agreement and has failed to remedy such breach within thirty (30) days;
      3. any information supplied by the Customer to Vodafone is false or misleading;
      4. Vodafone is obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organisation or other competent authority;
      5. the Customer is suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service; or
      6. the Customer dies, becomes mentally ill or becomes the subject of bankruptcy or insolvency proceedings in any jurisdiction or has become unable to pay its debts as they fall due.
    38. Vodafone shall be entitled to terminate this Agreement immediately by giving the Customer notice if any event of Force Majeure continues for a period of thirty (30) days or longer.
    39. The termination or suspension of this Agreement or default of the Customer hereunder shall not affect the accrued rights and obligations of the parties under the Agreement. Any terms which expressly, or by implication, are intended to survive termination of the Customer's Agreement shall continue to bind the parties following such termination.
    40. On termination of the Agreement, all Charges accrued by the Customer together with any Termination Charges shall become immediately due and payable and following termination, the Customer shall continue to pay the Charges accrued during the term of the Agreement or Minimum Term.
    41. TERMINATION CHARGES

    42. If the Customer exercises its right of cancellation, any monthly Charges paid in advance by the Customer shall not be refunded on termination of this Agreement for any reason.
    43. Neither party may terminate the Agreement during any applicable Minimum Term other than as provided herein. Should the Customer terminate its Agreement during the Minimum Term, the Customer shall be required to pay a fee equal to the balance of the remaining unexpired Minimum Term (the "Termination Charge") as specified in the Tariff Sheet, and authorises Vodafone to debit the Termination Charge from the Customer's bank account.
    44. Vodafone reserves the right, where the Customer has availed of a discount, free equipment or other promotion relating to the Agreement and terminates within the Minimum Term an amount equal to the value of any such promotion, free equipment or discount, pro-rated to the unexpired portion of the Minimum Term may at Vodafone's discretion be reckonable for the purposes of calculating the Termination Charge.
    45. ON TERMINATION OF THE AGREEMENT, OR ON CANCELLATION OF ANY VODAFONE SERVICE WHERE THE REQUIREMENT FOR A PARTICULAR PIECE OF EQUIPMENT WHICH WAS NECESSARY FOR THE PROVISION OF SUCH SERVICE IS NO LONGER NECESSARY, OR ON RECEIPT OF A REPLACEMENT PIECE OF EQUIPMENT, THE CUSTOMER SHALL WITHIN THIRTY (30) DAYS OF THE DATE OF TERMINATION, CANCELLATION OR RECEIPT OF REPLACEMENT, ARRANGE FOR POSTAGE OF THE EQUIPMENT AT NO COST TO THE CUSTOMER TO VODAFONE. VODAFONE SHALL PROVIDE THE CUSTOMER WITH A PRE-PAID POSTAGE PACKAGE. IN THE EVENT THE CUSTOMER FAILS TO RETURN THE EQUIPMENT, THEN VODAFONE WILL CHARGE THE CUSTOMER €100 WHICH IS THE VALUE OF THE EQUIPMENT.

    PROMOTIONS

    1. Promotions and Special Offers, including, but not limited to, offers in respect of handsets, hardware, call plans or ‘addon' features, shall be subject to the provisions of the Terms and Conditions under which they are released. The terms and conditions contained herein shall also apply generally to all Promotions and Special Offers as may be released by Vodafone from time to time regardless of the subject of that Promotion or Special Offer (unless explicitly stated otherwise in the Promotion or Special Offer terms and conditions).
    2. Vodafone reserves the right, in its sole discretion, to amend or vary the terms and conditions of a Promotion or to withdraw or terminate a Promotion, generally in whole or part, at any time from any Customer, on reasonable notice.

    CUSTOMER CARE & CODES OF PRACTICE

    1. The Vodafone customer care policies and the Vodafone Code of Practice on Customer Care are set out at http://www.vodafone.ie/aboutus/code/. The Customer shall raise any complaints in relation to the Service using the complaints procedure set out in the Code of Practice.
    2. The Customer shall contact Vodafone Customer Care in the event that it wants to alter any aspect of the Service, including, but without limiting the generality of the foregoing, the addition of a service, changes to a service and changes in the Customer's premises where the Services are provided.
    3. The various customer support services provided by Vodafone change from time to time but details of the most up to date services, the means of obtaining these services and any associated charges are available at http://www.vodafone.ie/help/contact-us/.
    4. NOTICE

    5. Vodafone shall send all notices to the Customer:
      1. in writing to the Customer's billing address as provided on registration; and/or
      2. on the Customer's bill; and/or
      3. by placing same on the Vodafone website; and/or (iv) via national newspapers.
    6. The Customer shall send all notices to the address that appears on the last written correspondence regarding the Services sent by Vodafone to the Customer or such other address as may be prescribed by Vodafone for the purpose.
    7. Notice given by post or via the Vodafone website shall be deemed served 48 hours after posting or on earlier proof of delivery. Notice given by Vodafone in national newspapers shall be deemed served on the date of publication.

    INTELLECTUAL PROPERTY RIGHTS

    1. All rights, including copyright in Services and their content, belong to Vodafone, Vodafone's Network Provider(s), or Vodafone's Licensed Source(s). Vodafone and they hereby reserve all rights. Nothing contained in this Agreement shall be construed as granting or conferring any rights to Customer by license, franchise, title, interest or otherwise in Vodafone or any property of Vodafone, including, without limitation, Vodafone trade names, trademarks, service marks or proprietary information.
    2. The ‘Vodafone' trademark and other related images, logos and names on the Services are proprietary marks of Vodafone. Vodafone hereby reserves all rights.
    3. Where Vodafone generates any Intellectual Property Rights in performing Services, or creating or customising Products for Customer (including without limitation by the creation or customisation of Software), all such Intellectual Property Rights shall, on their creation, vest in Vodafone exclusively;

    ASSIGNMENT

    1. This Agreement is personal to the Customer. The Customer shall not, except with the Vodafone written consent or in accordance with Vodafone's standard transfer procedures, assign or otherwise transfer the Agreement in whole or in part.
    2. The Customer agrees that Vodafone shall be entitled, at its absolute discretion, at any time and from time to time, without notice and without your prior written consent, to assign, sub-contract, novate or otherwise transfer this Agreement or any of their rights and obligations under this Agreement to any third party including but not limited to any other company that controls, is controlled by, or is under common control to Vodafone.

    FORCE MAJEURE

    1. Neither party shall be held in breach of its obligations hereunder (except in relation to obligations to make payments (where applicable for connection or Service Exclusions) nor be liable to the other party for any loss or damage which may be suffered by the other party due to any cause beyond its reasonable control including, without limitation, any act of God, failure, interruption of power supplies, flood, drought, lightning or fire, strike, lockout, trade dispute or labour disturbance, acts or omissions of Government, regulatory authorities or other circumstances beyond the control of the parties ("Force Majeure").
    2. ENTIRE AGREEMENT

    3. Except for fraudulent misrepresentation, the Agreement represents the entire agreement between the Parties relating to its subject matter and supersedes any previous agreements between the Parties relating to the same. The Parties acknowledge that, in entering into the Agreement, neither Party has relied upon any statement or warranty made, or agreed to, by any person, except those expressly provided for by the Agreement.
    4. WAIVER

    5. Failure by either party to the Agreement to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right and does not operate so as to bar the exercise or enforcement thereof, or of any such right or any other right on any later occasion.
    6. Any deficiency in the Customer's authority to avail of the Service or to use the Equipment shall not preclude reliance by Vodafone on any of its rights under this Agreement.
    7. SEVERABILITY AND SURVIVAL OF CLAUSES

    8. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision(s) in question shall not be affected thereby.
    9. Any provisions of this Agreement that are intended by their nature to continue or to come into effect after termination or suspension shall survive termination or suspension of this Agreement and shall continue in full force and effect.
    10. GOVERNING LAW

    11. This Agreement shall be governed by and construed in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish Courts. 118.117. Any reference to any legislative act or provision shall, unless the context otherwise requires, be considered as a reference to such act or provision as amended, re-enacted or replaced.

    Vodafone Office Broadband Only Terms

    Validity: Pre 1st April 2015


    1. The following terms and conditions of the Vodafone Office Broadband Only product are in addition to and form part of the terms and conditions of the the Vodafone Fixed Line and Fixed Broadband Services and the Next Generation Access/Fibre Broadband Services which are available at: http://www.vodafone.ie/terms/fixed/#FixedLineBB and http://www.vodafone.ie/terms/fixed/#fibre respectively (together, the Vodafone Office product Standard Terms and Conditions).
    2. In the event of any conflict between the terms, the order of precedence shall be as follows; the terms and conditions set out below first, followed by the terms of the Next Generation Access/Fibre Broadband Services and the terms of the Vodafone Fixed Line and Fixed Broadband Services last.
    3. In respect of Broadband services, the Service will support Broadband with a Voice Service (PSTN); or Standalone Broadband (PSTN barred). The Customer acknowledges and accepts that in choosing the Standalone Broadband product, the Service will not support existing PSTN/traditional voice line dependent services such as, but not limited to:
      • Landline, and in particular calls to the Emergency Services
      • Monitored alarm or panic/assistance button/service
      • Fax Line
      • TV Service using phone line
      • Older TV set top boxes
      • Any service that relies on the use of a traditional phone line
    4. This product is subject to an eighteen (18) month minimum term.
    5. Broadband speeds advertised for this product are maximum speeds and may not be always possible depending upon a number of factors.
    6. If a new modem is required for this service it must be purchased separately and is not included in the product price.
    7. Unlimited service carries a fair usage policy (FUP) and Vodafone reserve the right to charge for usage in excess of the advertised FUP or amend the service in terms of bandwidth speeds limitations or other measures such as restricting service types.
    8. The fair usage limit for this product is 300GB per month.
    9. This product will only be available in certain geographic areas as indicated by Vodafone. The product will be available in other areas but the advertised speeds will not be available in those areas. The customer acknowledges that this is the case.
    10. Existing Customers can migrate to this product but may incur a one off migration charge of €25.
    11. 11. In circumstances where the customer terminates this contract during the eighteen (18) month minimum term a termination charge will applying calculated as follows: MONTHLY RECURRING CHARGE X NUMBER OF MONTHS REMAINING IN THE MINIMUM TERM.

    Perlico terms & conditions

    The terms and conditions set out in the Home Phone and Internet Services, and the Pricing Guide will apply to all Perlico customers from 1st October 2010.

    1. Payment by Direct Debit is a mandatory condition for the service. Customers who subsequently cancel their direct debit mandate may have their service restricted or, as a last resort, terminated. However, Perlico will in all cases contact the customer prior to any termination.
    2. The default option for all new Perlico customers is for online billing. Any Perlico customer who orders the service on or after the 1st September 2010, and opts for paper billing, will be charged €2 for each paper bill. Perlico recognises that not every customer can avail of a fixed broadband service. Therefore, on a case-by-case basis, Perlico may not apply this charge to customers who ordered the service prior to the 1st September 2010 and did not avail of a fixed broadband service. For environmental reasons, Perlico encourages all customers to sign up for online billing.
    3. Customers' monthly download allowance is changing to a ‘usage allowance’ for all bundles (defined as the sum of download plus upload broadband usage).
    4. Offpeak hours are changing to the following times: 7am to 7pm Monday to Friday, and all weekend (7pm Friday to 7am Monday).

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