Jump to content

Fixed Line and Broadband Terms and Conditions (pre 24/10/09)

Vodafone Landline and Fixed Broadband Services

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. 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. 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.

3. 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.

4. 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.

 

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 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.

10. 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

1. 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;


"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 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.

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 (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.

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 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.

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. 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.

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, 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

1. 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. 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.

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 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.

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. 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.

5. 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.

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.
  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 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.

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. 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. 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.