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Terms and Conditions of Vodafone Services

General Services Terms and Conditions

Vodafone apps Terms & Conditions

Vodafone Cloud terms & conditions

  1. This agreement between you and Vodafone Ireland Ltd. (“Vodafone”) regulates your use of the Vodafone Cloud product, software, services, and websites (the “Service”). By using the Service you agree to be bound by these Terms.
  2. Vodafone Cloud allows registered users to create an account, which provides such users with the ability to back-up content and access it from multiple devices. Your account is allocated 5GB of storage capacity. Additional storage is available for purchase.
  3. Use of the service requires compatible devices, Internet access, and certain software (charges may apply); may require occasional updates; and may be affected by the performance of these factors.
  4. Vodafone Cloud services may continue to change over time as Vodafone develop and add more features. Vodafone may stop, suspend, or modify these services at any time without prior notice to you. Vodafone may also remove any content from the Service at our discretion.
  5. Vodafone shall use reasonable skill and due care in providing the service, but does not guarantee that any content you may store or access through the Service will not be subject to unintentional damage, corruption, loss or destruction, or removal in accordance with the terms of this agreement. Vodafone does not accept responsibility or liability should any such incident occur. Users are solely responsible for maintaining appropriate alternate backup and protecting all uploaded content.
  6. Vodafone does not claim ownership of the materials and/or content you submit or make available on the Service. However, by using the Service you consent and agree that Vodafone may collect, use, transmit, process and maintain information related to your account and any registered devices, for the purposes of providing the Service, and any features therein, to you.
  7. You agree to use the Service only for purposes as permitted by this Agreement and any applicable law or regulation. Explicit or illegal content can be flagged by any Vodafone Cloud user who receives it. Such content discovered on your account will be made available to the relevant authorities. This may be done without prior notice to you.
  8. You are responsible for safeguarding the password that you use to access this service and are responsible for any activity using your account, whether or not you authorised that activity. You should immediately notify Vodafone of any unauthorised use of your account. You acknowledge that if you wish to protect your transmission of data or files to Vodafone Cloud, it is your responsibility to use a secure encrypted connection to communicate with the Services.
  9. Vodafone reserve the right to suspend, place a “read-only” restriction upon, archive or terminate anyone’s Account at any time, with or without cause, and with or without notice. Cause for such action shall include: (a) violations of this Agreement or any other policies or guidelines created for the Service; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) unexpected technical or security issues or problems; (e) your participation in fraudulent or illegal activities; or (f) failure to pay any fees owed by you in relation to the Service.
  10. In addition, Vodafone may terminate your Account upon prior notice via email to the address associated with your Account if (a) you disconnect or are disconnected or barred from the Vodafone network (b) you request that Vodafone close your Cloud Account or (c) you are a Pay As You Go customer who has entered into a paid subscription for an increased storage allowance, but do not have sufficient credit on your account to cover the monthly subscription fee. The termination process is as follows: for 30 days your account will be entered into a “read-only” state. Your account remains active and can be accessed as normal for the purposes of viewing/ moving/deleting/editing/downloading any existing content, but there will be no facility to upload any new content. An email will be to your default address informing you of that your account has entered into a “read-only” state which will contain instructions on how to re-instate your account. After 30 days your account will move into an archived state for a further 60 days. While archived your content will be stored but can only be accessed by contacting Customer Care to have the account re-instated. An email will be sent to your default account informing you that your account has entered into an archived state and contain instructions on how to reactivate your account. At the end of the archived period all content will be permanently deleted from our servers.
  11. Any such “read-only” restriction, archiving, or termination shall be done by Vodafone in its sole discretion and Vodafone will not be responsible to you or any third party for any damages that may result or arise out of such.
  12. Any fees paid by you prior to your termination are nonrefundable, and termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
  13. Nothing in this Agreement shall be construed to convey to you any interest, title, license, or similar resource used by you in connection with the Service.
  14. You cannot reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
  15. We reserve the right to revise these Terms from time to time and the most current version will always be posted on our website. For material changes Vodafone may send an email to the primary address associated with your account notifying you of such. It is your responsibility to check the website and/or your primary email address for any such notices. By continuing to access or use this service after revisions become effective, you agree to be bound by the revised Terms.

Vodafone Message+ Terms of Service

  1. Message+ and your acceptance to use Message+:

    Message+ is provided to you by Vodafone Sales and Services Ltd, registered in England and Wales at Vodafone House, The Connection, Newbury, Berkshire RG14 2FN, under registered number 06844137 and registered VAT number GB 569 95 32 77.

    BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE. If you choose not to agree with any of these terms, you may not use Message+.

  2. Using Message+

    Message+ is an integrated messaging service that will allow you to send and receive text messages and share your files (such as pictures, video, audio, vCards and location). Message+ shows you when you and your contacts are active or they have been last active, who is currently typing and when a message has been sent, delivered (for all messages) and read (for chat messages over the internet only).

    If you and your contacts have a Rich Communication Services (RCS) compatible client and both have data enabled, the messages and files will be sent and received over the internet (Instant Messaging), otherwise messages and files will be sent via SMS and MMS.

    Group chat only works with RCS enabled contacts who are currently active on Message+ (Online-Group Chat).

    You are responsible for your messages, so make sure that they comply with all laws which may apply. In particular, you must make sure that your messages are not harmful or offensive.

    Please be aware that any attachment to the message shared through Message+ (such as pictures, audio or video messages) will be automatically stored in your handset (even if the related message has been deleted ) until you manually delete it from your handset.

    To use Message+, you must be 16 years old or more, or an emancipated minor, or possess legal parental or guardian consent, and be able to enter into these terms. You may not be located in a country that is subject to any EU, UK and/or U.S. Government embargo, or that has been designated by the EU, UK and/or U.S. Government as a” terrorist-supporting” country, and that you are not listed on any EU, UK and/or U.S. Government list of prohibited or restricted parties.

  3. Rights

    Vodafone grants you a non-exclusive right to download, install and use Message+ in your territory on your mobile device for your own personal non-commercial use only.

    We and our licensors own all proprietary rights in Message+. You will not have any right to Message+ apart from the right to use Message+ in line with these terms. In particular you understand and agree that: i) You are not permitted to resell copy, or distribute Message+ for any commercial purposes or use Message+ or in any other manner inconsistent with these Terms of Service ii) you are not permitted to duplicate, transfer, to, copy or distribute any part of Message+ in any medium without our prior written authorisation (iii) you are not permitted to reverse engineer, alter or modify any part of Message+; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

    Nothing in these terms affects any legal rights you have as a consumer. For more information about your legal rights contact your local consumer advisory body.

  4. Your information

    So that we can operate Message+, troubleshoot it if you have a problem, and optimise and improve its performance, we use your information in the following ways:

    • We collect your mobile phone number and, we periodically access the contact list or address book on your phone. We do not collect names, addresses or email addresses from your contact list or address book, but we do need access to the mobile phone numbers there so that we can connect you to the recipients of your messages through Message+.
    • We collect some information about your phone and your use of Message+ (for example, language, device and usage statistics).
    • We will share some information with your Vodafone carrier and get some information back from them: your mobile number and other information about your tariff and the services available to you.
    • Message+ shows you and other users when you are using Message+ as you will appear ‘online’ or when you have last used the Message+ as the date and time of your last access will be displayed. You can disable the last seen functionality at all times going to ‘ Settings’ and unchecking “Last active” option.

     

    You must notify us immediately of any breach of security or unauthorized use of your mobile phone. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses caused to us or others due to such unauthorized use.

  5. Cost

    Message+ is provided to you free of charge. You will not be charged for installing Message+. You may be charged for the use of data to download it, the use of Message+ once downloaded, and for the messages that are sent and received over the internet (Instant Messaging). You may also be charged the cost of the SMS or the MMS, in accordance to your carrier plan, if the message cannot be delivered over the internet (Instant Messaging). We would recommend that you purchase an integrated price plan.

  6. Ending or changing Message+

    You can stop using Message+ at any time.

    We may suspend, end or change Message+ immediately for any reason, including where repair or maintenance work is needed. We may add new features from time to time and have no obligation to offer any particular features via Message+. We can withdraw Message+, but will provide at least 30 days’ notice if we do so.

  7. What we are not responsible for

    We provide Message+ on an 'as is' basis for your personal use only. Not all Message+ services will work with all mobile equipment – you will need to check that your mobile equipment is compatible with the Message+ before you register. We will not be responsible for any loss or damage that we or you could not reasonably expect at the time you first began to use Message+ or which is out of our control. We will also not be responsible for:

    1. any loss or damage arising as a result of any content which you upload, store or share;
    2. any content or services provided by another person or organisation;
    3. any loss or damage that you could have avoided or reduced by being careful or taking reasonable steps; or
    4. any loss of, or corruption to your content or other data if that loss or corruption is not caused by us or is out of our reasonable control.

     

  8. General terms

    We may allow another person to perform any of our obligations under these terms on our behalf. You agree that we may transfer our rights and obligations under these terms to another Vodafone company. If we transfer our rights and obligations to any other third party, we will let you know. If any of these terms cannot be enforced by any court or other authority we will delete it from these terms and and it will not affect the rest of the terms. We may send you notices by email, text, post or on our website. These terms and Message+ will be governed by the laws of England and Wales. Any disputes will be dealt with by courts of England and Wales subject to any applicable law which provides a different jurisdiction for you as a consumer.

Vodafone Contacts Terms & Conditions and end user license agreement

This is a licence agreement between You, the user of Vodafone Contacts, and Vodafone regarding the use of the Vodafone Contacts application (the “ Service”). This agreement is in addition to the Airtime Conditions and Price Plan Terms. By registering an account, You accept that You have read and agree to these terms.   You must be at least 18 years old to enter into this agreement. If You do not accept these terms, please do not register for an account.

 

Service
We will provide You access to the features of the Service free of charge but You can incur in data charges and costs in accordance to Your plan.  For more information on Your plan visit www.vodafone.ie  Please bear in mind that such charges could be considerably higher if You are using the Service whilst travelling abroad.
Under this agreement we grant You a non-exclusive, non-transferrable license to download, install, update and operate the Service on Your device for personal use only.
The Service is property of Vodafone and/or any third party from which Vodafone has obtained the rights to license to you the Service and it is protected by copyright. You acknowledge that title and full ownership rights to the Service will remain the exclusive property of Vodafone and/or of such third party and You will not acquire any rights to the Service except as set forth in these terms and conditions. You will not and will not attempt to copy, modify, alter the Service in anyway or sublicense or lease the Service unless as specified under these Terms and Conditions.
The Service is only available on specific devices. Please check Your device is compatible with the Service before You register for an account.
The Service allows You to:

  •  Backup and synchronize Your mobile phones contacts;
  • Import and  Export Your mobile phone Contacts to and from  an electronic format;
  • Manage Your Contacts  from web at the contacts.vodafone.ie

You must register to use the Service. You can register creating an account from web, mobile application or mobile site. You must create and manage the Service using an account on Your device and through the online Vodafone Contacts portal at contacts.vodafone.ie You are responsible for the activity that occurs on Your account, and You acknowledge to have the consent to use Your contacts. You must keep Your account password (or PIN) secure, and notify us immediately of any breach of security or unauthorised use of Your account.
We do not guarantee that all devices are compatible with the Service. To see which devices are compatible please go http://www.vodafone.ie/phones-plans/apps/contacts  We do not warrant or accept any liability for operation of the device used to access the features of the Service. In order to use the Service You will need a compatible device, a GSM mobile connection (supporting voice and data connection), internet access, the Vodafone Contacts application.
The Service is for Your personal, non-commercial use only, for use on the device that You own.

Termination of the service and deletion of the account
You have the right to terminate the Service for any reason and at any time.
We have the right to terminate the Service without prior notice in the event of a violation of these terms or, for example, if You encourage conduct that would constitute a criminal offence or could give rise to any cause of action, engage in any activity that otherwise interferes with the use and enjoyment of the Service by others, or harvesting personal information about other service users for any reason, or damage our reputation or that of a third party.
We have the right to terminate the Service for any reason whatsoever with a 30 days prior notice. .
If You do not use the Service for 6 months or more we will be able to terminate the Service and delete Your account and all related data unless; You use the Service again within 30 days from our notice to terminate the Service and delete the account.
In case You change mobile operator, we have the right to terminate the Service automatically and Your account and all related data will be deleted. You will have 30 days to retrieve your data.

Limitations of the Service
You are responsible for ensuring the compatibility of this application with Your device, and for the installation of, use of, and results obtained from the Service.
You shall ensure that your device meets the system requirements of the Service, this includes obtaining updates or upgrades from time to time, in order to continue using the Service.
We do not warrant or accept any liability for operation of the device used to access the features of the Service. In order to use the Service You will need a compatible device, a GSM mobile connection (supporting voice and data connection), internet access, the Vodafone Contacts application.

Warranty
We maintain reasonable technical safeguards to provide you with the Service, however, the use of the Service is subject to the use and availability of appropriate network connections. We’re not responsible if the Service is affected by circumstances outside of our reasonable control.
The Service is provided ‘as is’ and to the extent permitted by applicable law, we exclude all representations, warranties, conditions and other terms not expressly stated in these terms, including any implied warranties or conditions as to non-infringement of third party rights and fitness for a particular purpose in relation to Your use of the Service and related software. We don’t warrant that your use of the Service will be uninterrupted, available at all times or risk-free. You agree that Your use of the Services is at your sole risk. We make no warranty that the Service is error-free, free from interruptions or free from other failures or that the Service will meet your requirements. We expressly disclaim any liability for damages arising from the usage of this Service or any other damages including but not limited to loss of profit, loss of data, loss of business or missed opportunities, any loss or damage that is not directly caused by us or which we could not reasonably expect at the time You entered into this agreement. The terms of this agreement will not affect any rights which you may have under any law and which we cannot exclude by agreeing it with you.

Your personal information
During the registration procedure, You will provide us with the following personal information:

  • Phone number
  • Email address
  • Your chosen PIN.

The personal and contact information you provide when registering for the Service is stored in a secure location on the servers of Vodafone.
Your email address is used to send you system emails, like your registration confirmation and password reminders, updates about changes made to this service including any notices that we may need to send you regarding your use of the Service. Please be assured that we will not use your email address for marketing purposes unless you have otherwise agreed to this. All other usage of your personal information is governed by Vodafone’s (vodafone.ie/terms/privacy which forms part of these Terms. By using the Service and accepting these terms you agree to the use of this data by us. You agree that Vodafone and its agents may copy and store such data (including personally identifiable data which you made part of your contact content or provided in your account as part of the Service. For more information please consult the Vodafone privacy policy.

Softwareupgrades
When the software automatically performs updates, upgrades or repairs. We may establish policies and practices to modify the operation and availability of the application to maximize the benefit for all customers.

Changing these terms or the Service
We may change these terms and the Service at any time. If the changes are likely to disadvantage you, we will give You a minimum of 30 days’ notice. Don’t forget that you can terminate the Service at any time.

Customer Contact
If You have any questions concerning these terms, or if You would like to contact us for any other reason, please go to http://www.vodafone.ie/helpsupport/contactus/

General
This is the entire agreement between you the customer and Vodafone for the Service. This agreement does not cover buying or maintaining your device or your use of a SIM card provided by us.

Vodafone Protect Agreement & end user licence agreement

This is a licence agreement between you and Vodafone regarding your use of the Vodafone Protect application (the “Service”). The Service includes software licensed by McAfee Security Sarl. This agreement is in addition to your General Terms and Conditions. By registering, you accept you have read and agree to these terms. If you do not agree to these terms, please do not use the Service.

Summary

The Service is a security solution for your device. It consists of a free and paid service. The free part of the Service enables you to Find, Lock and Wipe your device remotely in case of loss or theft. The paid part of the Service also enables you to use the Web protection, Security scan, App protection and Call and SMS filtering features. SMS filtering is not supported on devices using Android 4.4 (KitKat). You must register to use the Service and can upgrade from the free to the paid part of the Service at any time. To use the paid part of the Service, you need to pay a subscription fee every 30 days. You can unsubscribe and unregister at any time.

We grant you a non-exclusive, non-transferrable licence to download, install, update and operate the Service on your device. We’ll provide you access to the features of the Service for the time you agree to use the Service. We have the right to end or suspend your use of the Service without telling you if you don’t keep to these terms.

The Service is for your personal, non-commercial use only, on the device that you own. You may only use the Service for one device; any additional devices will require an additional registration.

By registering for the Service your information will be stored and your location is traceable.

Your subscription

A subscription fee is payable every 30 days to keep the paid part of the Service active on your device. For more information on the fee go to Vodafone Protect on www.vodafone.ie. Your fee does not include any additional charges or costs associated with the use of the Service. You are responsible for any additional charges incurred. This may include data and text message charges when using the Find, Lock, Wipe and Premium features as part of the Vodafone Protect services offered. These charges could be considerably higher if you are using the Service abroad. For Pay as you go customers, you need to have credit on your device so the Service can make data requests to find your missing device.

Managing your account

You can manage the Find, Lock and Wipe features of the Service using an account on your device and online at Vodafone Protect . You are responsible for the activity that occurs on your account. You must keep your account password and PIN secure, and notify us immediately of any breach of security or unauthorised use of your account.

Find, Lock and Wipe

The Service allows you to remotely Find, Lock and Wipe content on your device subject to the limitations below. The content you can wipe will depend on the device that you own. For more information, visit  Vodafone Protect on www.vodafone.ie. You agree that these features are for your personal use only, and that you will not use them to perform or engage in any activities that are unauthorized, illegal or inappropriate, including harassing or stalking individuals.

Limitations of the Service

You are responsible for the cost of your device. You’ll need to check your device meets the system requirements of the Service; this includes updating or upgrading from time to time. McAfee may modify system requirements or the application at any time.

We do not warrant or accept any liability for operation of the device used to access the Service. In order to use the location feature your device must be switched on, connected to our network and have an internet allowance. The location accuracy is dependent on whether your device has GPS or Wi-Fi enabled when the Find command is sent to your device.

For the Find, Lock and Wipe functions to perform your device must be switched on, with your SIM inserted and you must be connected to our network. Third party applications installed or embedded on your device may interfere with the Wipe functions of the Service.

Ending your use of the Service

Your subscription to the paid part of the Service is a 30-day rolling agreement and will continue unless you inform us otherwise or we disconnect your account from our network. You may close your account and end your subscription at any time, for any reason. If you have paid for a 30 day period you won’t get a refund but you will be able to use the paid Service to the end of the 30 days.

If you don’t have credit on your account when we try to take payment, the features of the paid Service will not work but you’ll have access to the features of the free service. To use the features of the paid Service, you’ll need to make a subscription.

Warranty

We maintain reasonable technical safeguards to provide the security solution that helps you to Find, Lock and Wipe your device remotely in case of loss or theft, and in the course of providing the Service. The use of the Service is subject to the use and availability of appropriate network connections.

The Service is provided ‘as is’ and to the extent permitted by applicable law, we exclude all representations, warranties, conditions and other terms not expressly stated in these terms, including any implied warranties or conditions as to non-infringement of third party rights and fitness for a particular purpose in relation to your use of the Service and related software. We don’t warrant that your use of the Service will be error-free, uninterrupted, available at all times or will protect against all possible threats or other failures.

Our responsibilities to you

We will not be legally responsible to you, or for any damages, for:

  • loss of income or profits;
  • loss of use of the Service;
  • loss of data;
  • lost business or missed opportunities; or
  • any loss or damage that is not directly caused by us or which we could not reasonably expect at the time you entered into this agreement.

We will not be legally responsible to you if we cannot provide the Service because of something outside of our reasonable control.

Unless our negligence causes death or personal injury, our liability to you will not be more than €500 for each claim or a series of related claims.

The terms of this agreement will not affect any rights which you may have under any law and which we cannot exclude by agreeing it with you.

Restrictions

We reserve the right to suspend or end this agreement and your use of the Service if you have or are attempting to:

  • Use the application as a means to track or monitor the location and activities of any individual without their express consent and authorisation or use the Service to harvest personal information about other users for any reason;
  • Transmit content that is unlawful, invasive of another’s privacy, or inappropriate;
  • Victimise, harass, degrade, or intimidate an individual or group of individuals for any reason;
  • Encourage conduct that would constitute a criminal offence or could give rise to any cause of action;
  • Engage in any activity that otherwise interferes with the use and enjoyment of the Service by others; or
  • Damage our reputation or that of a third party.

No transfer of the Service

You may not rent, lease, license, loan or assign your rights to the Service to another person. If you use the Service on a device and you transfer ownership of that device to someone else, then please de-register the Service on your device before you pass the device to someone else.

Contact with McAfee

Certain features of the Service require access to and communication with McAfee servers through our network. These features include software downloads and updates, device tracking, locking and wiping, and collection of device information. These features are necessary to provide the Service and may result in data and text charges.

Your personal information

You are prompted to enter your phone number when installing the application — this is for product registration.

The application also links the identity of your phone with the identity of your SIM card — if the SIM is changed, an alarm will sound until you silence it with your PIN.

Make sure your PIN is hard to guess, and keep it secret — this is essential for your privacy. If someone knows your phone number and can guess your PIN, they are able to find, lock and wipe your phone.

If you use the web portal to locate your phone, it will attempt to show you your device's location on a map. This map is supplied by Google, and has its own (Google) privacy policy.

Software upgrades

When the software automatically performs updates, upgrades or repairs, you agree not to interfere with or prevent such activities. We may establish policies and practices to modify the operation and availability of the application to maximize the benefit for all customers. McAfee can release updates for the application but they will only be deployed to customers after our approval.

Changing these terms or the Service

We may change these terms and the Service at any time. If the changes are likely to disadvantage you, we will give you a minimum of 30 days’ notice. Don’t forget, you can unsubscribe and unregister at any time.

Customer Contact

If you have any questions concerning these terms, or you would like to contact us for any other reason, please contact us .

General

This is the entire agreement between you and us for the Service. This agreement does not cover buying or maintaining your device or your use of a SIM card.

This agreement is under Irish law.

Vodafone Ireland Limited, registered in Ireland (company number 326967) Registered office: Mountainview, Central Park, Leopardstown, Dublin 18. VAT registration number: IE6346967G

Vodafone Failover Terms & Conditions

  1. Agreement structure
      1.1 This agreement between Customer and Vodafone incorporates the Order Form and these General Terms and Conditions (together, the ‘Agreement’).
      1.2 If there is any inconsistency between the various provisions of the Agreement, the following order of precedence will apply, where 1 has a higher precedence than 2 and so on: (1) Order Form; (2) General Terms and Conditions.
  2. Availability of the Services
      2.1 Vodafone shall use reasonable endeavours to provide Customer with the Service; however Vodafone cannot guarantee that the service will be fault-free.
      2.2 Vodafone may suspend the Services: (i) in order to carry out maintenance or testing; (ii) when it is necessary to safeguard the security and integrity of the Services or to reduce the incidence of fraud.
  3. Charges and Payment
      3.1 Vodafone states all Charges exclusive of VAT, unless specified otherwise. All Charges will be specified on an Order Form.
      3.2 Charges shall be invoiced by Vodafone [monthly in advance/monthly in arrears]. Invoices shall be paid by Customer in cleared funds no later than 30 calendar days from the date of the invoice (“Due Date”), by direct debit.
      3.3 If Customer reasonably and in good faith disputes an invoice or part of it, Customer shall notify Vodafone within 14 days of receipt of the invoice, providing details of why the invoiced amount is incorrect and, if possible, how much Customer believes is due. All undisputed Charges shall be paid by the Due Date.
      3.4 Where Vodafone has not received payment for undisputed Charges by the Due Date, Vodafone shall: (i) contact Customer’s Accounts Payable Department to request payment; and (ii) be entitled to charge interest on the overdue Charges at the highest rates permitted by applicable law. Where Vodafone has not received payment within 30 calendar days of the Due Date, Vodafone shall be entitled to terminate this Agreement.
      3.5 Customer shall not be entitled to offset any sums that Vodafone owes to Customer under this Agreement or any other agreement or dispute between the Parties against any sums that Customer owes to Vodafone under this Agreement.
      3.6 Vodafone may credit assess Customer from time to time as reasonably required to assess Vodafone's risk. Each credit assessment shall entitle Customer to have a credit limit on its Vodafone account (details of which are available on request).
  4. Termination
      4.1 This Agreement
      4.2 Notwithstanding clause 4.1 above, the Parties shall each have the right to terminate this Agreement with immediate effect (by serving written notice of termination to the other Party):
      4.3 if the other Party becomes subject to an Insolvency Event; or
      4.4 if the other Party is in material breach of any of its obligations under this Agreement (provided that where such breach is capable of remedy, the breaching Party is given 30 days to rectify such breach from the date that notice of any breach is received from the non-infringing Party);
      4.5 Vodafone shall have no liability to Customer for any termination of the agreement in accordance with this clause 7.
      4.6 The Parties shall acknowledge, as soon as reasonably possible, the receipt of any notice of termination of this Agreement (in whole or in part) received in writing from the other Party.
      4.7 Where this Agreement has been terminated as permitted in this Agreement prior to expiry of the Term, Vodafone shall be entitled to charge, and Customer shall pay, a lump sum termination payment equal to the Charges for each month remaining in the minimum term at the point of termination.
  5. Liability
      5.1 Nothing in this Agreement shall operate to restrict either Party’s liability to the other from: death or personal injury resulting from negligent acts or omissions; claims for non-payment; the non-excludable statutory rights of consumers (for example, under laws providing for strict product liability); and breach of any obligation of confidence.
      5.2 Except for clause 5.1 above and to the extent not prohibited by law:
      5.2.1 each Party's maximum aggregate liability for all claims relating to Equipment or a Service provided pursuant to this Agreement, whether for breach of contract (including repudiatory breach), breach of warranty or in tort, including negligence, will be limited to 100% of the value of the Charges paid or payable under this Agreement, up to a maximum of €5,000 (five thousand euro); and
      5.2.2 neither Party will be liable for any indirect, punitive, special, incidental or consequential damages in connection with or arising out of the terms of this Agreement nor any loss of business, revenue, profits, goodwill, use, data, or other economic advantage, however they arise, whether in breach of contract (including repudiatory breach), breach of warranty or in tort, including negligence, and even if that Party has previously been advised of the possibility of such damages. Vodafone shall not be liable to Customer if it is unable to provide any of the Services contemplated by this Agreement due to circumstance outside its reasonable control.
      5.3 Except for the payment obligations of the Customer, neither Party will be responsible or liable in any way for the failure or delay in the performance of its obligations due to Force Majeure. If a cause relied on by a Party hereunder ceases to exist, the Party will perform or resume performance of its obligations and the time for performance will be extended by a period equal to the duration of the Force Majeure. If Force Majeure persists for a period of more than 30 days, the other Party will be entitled to terminate this Agreement on written notice.
      5.4 The warranties specified in this Agreement are the only warranties provided with respect to Services provided to Customer by Vodafone. To the extent permissible at law, all other warranties (whether express or implied and including any implied warranties of fitness for a particular purpose or merchantability) are excluded provided that where legislation implies warranties or conditions or imposes obligations (statutory provisions) which cannot be excluded, restricted or modified except to a limited extent, this Agreement must be read subject to those implied statutory provisions.
  6. General Provisions
      6.1 Vodafone shall be entitled to transfer in whole or in part any of its rights and obligations to any company within Vodafone’s Group at any time. Vodafone may use sub-contractors to perform any of its obligations under this Agreement but remains responsible for their performance.
      6.2 All notices served by Customer under this Agreement shall be in writing and sent to the Head of Enterprise Contracts at Vodafone Ireland Limited, MountainView, Leopardstown, Dublin 18, or any other address Vodafone directs Customer to use from time to time. Vodafone shall send all notices to Customer at Customer’s registered office. Notices will be deemed given: where they are hand delivered, when a duly authorised employee or representative of the recipient gives written acknowledgement of receipt; for e-mail communication, at the time the communication enters into the information system of the recipient; for posting, three days after dispatch; and for fax on receipted transmission of the fax.
      6.3 Neither Party shall lose any right under this Agreement if it fails to use that right, or delays in using it. For a waiver of a right to be valid, it must be written and will not give rise to an ongoing waiver of that right unless it is expressly stated to do so.
      6.4 Termination of this Agreement or any part thereof, shall be without prejudice to any other rights or remedies a Party may be entitled to at law or under the Agreement and shall not affect any accrued rights or liabilities of either Party nor the coming into force or the continuance in force of any provision of the Agreement which is expressly or by implication intended to come into or continue in force on or after such termination.
      6.5 Only provisions set out in this Agreement shall apply to Vodafone’s supply of Services to Customer. All other provisions are expressly excluded to the maximum extent permitted by law. The Parties acknowledge that, in entering into this Agreement, neither Party has relied upon any statement or warranty made, or agreed to, by any person, except those expressly set out within this Agreement. However, this shall not be taken to exclude either Party’s liability for fraud.
      6.6 If a misrepresentation or untrue statement has been made, the only remedy available to the Parties shall be a claim for damages for breach of this Agreement, unless such misrepresentation or untrue statement was made fraudulently, or a provision of the Agreement was induced by fraud, in which case all remedies under Irish Law shall be available.
      6.7 All headings in this Agreement are there for convenience, and do not have any legal effect. Use of the singular includes the plural and vice versa.
      6.8 Every provision in this Agreement is independent from the others to the extent that, if a provision, or any part of it, is ruled to be illegal or unenforceable by the Irish Courts, that provision or the relevant part of it shall be treated as having been deleted from this Agreement, without affecting the remainder of that provision or the other provisions of this Agreement, which shall still have full effect.
      6.9 This Agreement is governed by Irish Law and is subject to the exclusive jurisdiction of the Irish Courts.
      6.10 If there is a dispute under this Agreement, and Customer’s account manager has been unable to resolve the issue to Customer’s satisfaction, Customer may escalate the issue to a more senior representative within Vodafone. The Parties shall use the escalation process to its full before taking legal action against the other Party. Escalation routes within Vodafone shall be as follows, Customer shall provide escalation contacts at equivalent levels:
      First: Head of Channel, Enterprise Sales
      Second: Sales Director, Enterprise Sales
      Third: Director of Enterprise, Vodafone Limited

    Definitions

    • Charges– The monthly or other periodic fee and all other fees payable by Customer to Vodafone for the Service.
    • Force Majeure– Any cause beyond a party’s reasonable control including without limitation, acts of God, war, fire, flood or other accident, strike, lockouts, delays in transport, material shortages, failures or fluctuations in electric power or telecommunications services or equipment, restrictions or prohibitions of any government or semi-government authority.
    • Insolvency Event– An event where a Party either ceases or threatens to cease conducting its business in the normal manner; or is treated as being insolvent, or threatens or is in jeopardy of becoming insolvent because it: (a) is unable to pay its debts (within the meaning of Section 214 of the Companies Act 1963; or (b) makes or offers to make any arrangement or composition with any one or more of its creditors; or (c) commits any act of bankruptcy or if any petition or receiving order in bankruptcy is presented or made against it; or (d) any resolution or petition to wind up it up (being a limited company) is issued or passed or presented otherwise than for reconstruction or amalgamation; or (e) has had a receiver, administrator or liquidator appointed to it.
    • Service– The Vodafone Failover Service that Vodafone makes available to Customer under this Agreement.
    • Vodafone’s Group– Vodafone Group Plc and any company in which Vodafone Group Plc holds, directly or indirectly, 50% or more of its issued share capital or has the right to exercise, directly or indirectly 50% or more of the voting rights.
    • Working Day– The time between 09:00 – 17:00 on any day other than Saturdays, Sundays or Public Holidays as defined in the Second Schedule to the Organisation of Working Time Act, 1997.

Vodafone Passport - Terms and Conditions

  1. These shall be considered On Demand Services. You are advised to check the most up to date prices and terms and conditions associated with these services before using such services.
  2. The tariff tables are designed as a guide for you to calculate your roaming charges. All Prices are displayed in Euro per minute but may change without notice.
  3. All Vodafone calls will be subject to a call connection fee of 79c inc VAT. However, for bill pay and pay as you go customers travelling to Britain and Northern Ireland no call connection fee will apply. 
  4. A minimum call charge of 1 minute applies. After 1 minute, calls are charged at 30 second increments. Call rounding may vary.
  5. It is Vodafone's policy not to charge Customers for diverted voicemail calls received by Customers while roaming internationally. However, there may be rare occasions where, due to circumstances beyond Vodafone's control, this technically will not happen and Customers will be charged for diverted voicemail. In such circumstances, upon receipt of a request from a Customer, Vodafone will reimburse the entire amount charged for such diverted voicemail calls.
  6. These rates apply only to voice calls made and received while roaming in Vodafone Passport countries.  Calls to 171 Voicemail and 1907 Customer Care will only be charged the call connection fee.
  7. Vodafone Passport does not apply to SMS messages, data transfer, calls to premium rate numbers and excludes special offers.
  8. All pay as you go customers will be able to avail of the Vodafone Passport rates.
  9. In bill pay, Vodafone Passport is only available to customers on Perfect Choice, Perfect Fit price plans, bill pay Extra, Active, Light , Performer, Talk and Text, Talk and Text Plus, Business 75, 200 and 400, Sharetime 500, 1000, 5000 and Sharetime Reward 2000 and Reward 3000. Registered customers on the above plans will be charged the same rate as the out of bundle rate on their home tariff while abroad subject to terms and conditions. This does not apply to customers on unlimited or bespoke tariffs as these tariffs will have a different specified rate per minute for calls made while roaming.
  10. International calls made while roaming e.g. making a call on VF Spain network which terminates in France, will default to the standard Vodafone World rates.
  11. Vodafone Passport will only be available when roaming in the following countries for bill pay customers: Albania, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guernsey, Hungary, Iceland, Isle of Man, Italy, Japan, Jersey, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, UK (excluding Channel Islands), Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey. Vodafone Passport is available for pay as you go customers in Australia, Austria, Belgium, Bulgaria, Croatia, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Malta, Netherlands, Norway, Poland, Portugal, UK (excluding Channel Islands), Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey.
  12. Any bundle minutes included in the eligible bill pay price plans cannot be used whilst roaming. Whilst customers on the eligible bill pay plans making a call back to Ireland will receive their normal out of bundle domestic rates as split by peak/off-peak and on-net/off-net, pay as you go customers will receive the on-net rates as split by peak and off-peak only.
  13. Both bill pay and pay as you go customers will receive the on-net (Vodafone to Vodafone) domestic rates when they make a call within the visited country.
  14. For bill pay customers, opting into Vodafone Passport will be free while in Ireland. When opting in from abroad customers will incur a standard roaming charge. Opting in via SMS will be free of charge, both at home and abroad.
  15. For pay as you go customers, opting into Vodafone Passport via SMS will be free of charge both at home and abroad. When opting in via the IVR, it will only be free while at home.
  16. Customers opting in or out of Vodafone Passport will be provisioned with their new status within 24 hours of instructing Vodafone.
  17. Customers opting in or out of Vodafone Passport will receive a text message with notification of being provisioned or unprovisioned from the proposition.
  18. Subscribers on Performer bill pay will be charged 22c inc Vat per minute for all calls to fixed lines in Ireland.
  19. Bill pay customers on tariffs that contain a peak and off-peak rate will be charged according to peak and off-peak times of the foreign operator.
  20. Pay as you go customers on tariffs that contain a peak and off-peak rate will be charged according to the peak and off-peak times of the Vodafone Ireland network.
  21. Charges for premium rate and satellite calls will be exempt from Vodafone Passport. Charges for these calls will vary according to the cost charged by the foreign network operator and exchange rate fluctuations and may include minimum charges. A network-handling fee will be applied to these calls.
  22. Vodafone cannot guarantee access to or coverage within any foreign country. If you are unable to receive access to a Vodafone Preferred Network, you may obtain access to another foreign network operator in that country.
  23. For excessive or unreasonable usage of Passport, Vodafone refers the customer to the Fair Usage Policy on the website. For pay as you go customers, a monthly fair usage limit of 500 minutes in received calls applies. Usage over this limit may result in removal of Vodafone Passport from your account or termination of service.
  24. To avail of Vodafone Passport, pay as you go customers must be active on the Vodafone Ireland network during the previous three months.
  25. For excessive or unreasonable usage of Passport, Vodafone refers the customer to the Fair Usage Policy on the website. For pay as you go customers, a monthly fair usage limit of 500 minutes in received calls applies. Calls received over this limit will incur a 79c (inc VAT) connection fee.
  26. Vodafone passport is designed to be used by customers normally domiciled in the Republic of Ireland (RoI). To avail of Vodafone Passport, pay as you go customers must be active on the Vodafone RoI network during the previous three months. Customers who do not have ongoing usage on the Vodafone RoI network will be deemed to be in breach of these terms and will result in removal of Vodafone Passport from their account and/or termination of service at Vodafone’s discretion.

Vodafone Business Passport - Terms and Conditions

  1. The tariff tables are designed as a guide for you to calculate your roaming charges. All Prices are displayed in Euro per minute but may change without notice
  2. All Vodafone calls will be subject to a call connection fee of 79c inc VAT. However, for Business Passport customers travelling to UK and Northern Ireland no call connection fee will apply.
  3. A minimum call charge of 1 minute applies. After 1 minute, calls are charged at 30 second increments. Call rounding may vary.
  4. It is Vodafone's policy not to charge Customers for diverted voicemail calls received by Customers while roaming internationally. However, there may be rare occasions where, due to circumstances beyond Vodafone's control, this technically will not happen and Customers will be charged for diverted voicemail. In such circumstances, upon receipt of a request from a Customer, Vodafone will reimburse the entire amount charged for such diverted voicemail calls.
  5. These rates apply only to voice calls made and received while roaming in Vodafone Passport countries.  Calls to 171 Voicemail and 1907 Customer Care will only be charged the call connection fee.
  6. Vodafone Passport does not apply to SMS messages, data transfer, calls to premium rate numbers and excludes special offers.
  7. Vodafone Business Passport is only available to customers on Wireless Office & Wireless Office Share price plans
  8. International calls made while roaming e.g. making a call on VF Spain network which terminates in France, will default to the standard Vodafone World rates.
  9. Vodafone Business Passport will only be available when roaming in the following selected countries: UK (excluding Channel Islands), Guernsey, Isle of Man, Jersey, Spain, Greece, Netherlands, Italy, Portugal, Germany, Malta, Sweden, Hungary, Albania, Australia, New Zealand, Japan, Switzerland, Belgium, France, Czech Republic, Romania, Lithuania, Estonia, Slovakia, Slovenia, Finland, Norway, Cyprus, Croatia, Bulgaria, Austria, Luxembourg, Denmark, Turkey, Latvia, Poland and Iceland.
  10. Any bundle minutes included in the eligible Wireless Office plans cannot be used whilst roaming. Whilst customers on the eligible Wireless Office plans making a call back to Ireland will receive their normal out of bundle domestic rates as split by peak/off-peak and on-net/off-net where applicable. This does not apply to customers on unlimited or bespoke tariffs as these tariffs will have a different specified rate per minute for calls made while roaming.
  11. Charges for premium rate and satellite calls will be exempt from Business Passport. Charges for these calls will vary according to the cost charged by the foreign network operator and exchange rate fluctuations and may include minimum charges. A network-handling fee will be applied to these calls.
  12. Vodafone cannot guarantee access to or coverage within any foreign country. If you are unable to receive access to a Vodafone Preferred Network, you may obtain access to another foreign network operator in that country.
  13. For excessive or unreasonable usage of Business Passport, Vodafone refers the customer to the Fair Usage Policy on the website.
  14. Vodafone may vary or change the Terms and Conditions of the Contract for any commercial, technical or operational reason and any material changes shall be notified to the Customer in advance.
  15. These terms and conditions are in addition to the general terms and conditions of the Vodafone service. Please see our website for details.

Safety Net - Terms and Conditions

  1. These shall be considered On Demand Services. You are advised to check the most up to date prices and terms and conditions associated with these services before using such services.
  2. Vodafone uses filter controls for internet access via Vodafone's network. Sites are filtered for both age-classified and inappropriate content. To filter sites Vodafone looks at the nature of the internet site, the age of the customer trying to access the site and the, external classification of the content on the site. We use all reasonable endeavours to control access as stipulated in this clause and should one of the filters fail to prevent access we will do our best to rectify this as soon as possible.
  3. References in this document to "customers" or "account holders" are references either to the person having the contractual relationship with Vodafone for communications services or (in the case of business customers) their nominated account controller as notified to Vodafone from time to time.
  4. References to "users" are to any person using a Vodafone Customer's mobile device (e.g. children may be users of phones provided to them by their parents where the parent is still the account holder), employees may be users of phones where their employer is the account holder).
  5. Vodafone's age verification process is designed to prevent minors accessing inappropriate content. Vodafone will validate the age of its customers in all agent stores. To benefit from this process, Customers need to bring a valid passport, driving licence or National Identification card into a Vodafone Store. Vodafone will then verify their age using this identification and will register this age profile accordingly.
  6. Vodafone's access filter works by applying commercially acquired third party lists of categorised URLs (web sites) to the network and restricting access to those sites based on predefined user profiles. Subject to section 8 below, the profile applied to an individual mobile number will be determined by the account holder.
  7. Vodafone will not be liable to you for any errors or omission that may arise as a result of any incorrect setting of an age profile for an account, the making available of a handset/mobile device with a profile that is not suitable for the person to whom the device is given, or the inclusion or omission of particular URLs (web site addresses) from the third parties''filter lists'.
  8. Vodafone may amend the nature of the content categories or specific URLs that are available within particular profiles from time to time. Such changes to profiles' access rights will occur without notice to customers.
  9. The "minor" profile will be applied to all Vodafone customers' accounts that are recorded as under eighteen (18) years of age on Vodafone's systems. The profile will automatically change to "adult" once the minor reaches the age of 18. It is the responsibility of the customer/account holder to alter this profile as and when required. Any user who thinks that an incorrect profile has been applied to their account should contact Vodafone for further information. Changes will only be made upon the instructions of the account holder OR changes will be made upon user request unless the user is a minor. Changes from a "minor" profile to a less restrictive profile will require the Customer to visit a Vodafone store so that the age verification procedure can be followed.
  10. Account holders may request that users of their account be provided with a minors profile if they so wish, whether or not the user is a minor.
  11. It is the account holder's responsibility to ensure that a suitable profile has been selected for each of its users. It remains the responsibility of the account holder (whether as employer, parent, guardian or otherwise) to ensure that the profile applied to a user's phone account is correct and in keeping with the account holders wishes.
  12. Vodafone may create new profiles or modify existing profiles from time to time. Vodafone will advise customers of new profiles that are available by posting the relevant information on its website www.vodafone.ie.
  13. You are expressly advised that access to all content, whether Vodafone content or that of a third party, may be restricted based on the access profile selected.
  14. Given the nature of the internet Vodafone cannot accept any liability for any content that may be accessed by users. Sites that have not been categorised by Vodafone or its third party list suppliers will not be blocked until such time as they are classified. Ultimately proper control of the mobile device and internet access is the responsibility of parents, guardians and employers.
  15. Vodafone will not be responsible for any site that is incorrectly or believed to be incorrectly categorised.
  16. If you have any concerns regarding any content or the categorisation of any site (including any site that you operate) queries should, in the first instance be referred to www.vodafone.ie/reportasite/ .
  17. Please be aware that the following products/services are not currently filtered by Vodafone's access controls:
    • infrared, Bluetooth, MMS, SMS and Instant messenger content transfer from peer to peer
    • Office, ISP & HTTPS via Mobile Connect, Airpack and Blackberry)
    • Vodafone Email
  18. Vodafone will only accept original and valid passports, driving licences or national age verification cards as proof of age for its age verification procedures.
  19. The accounts of minors (including their profiles) may only be accessed or altered by those persons who have successfully registered as the parent or guardian of the minor in question in accordance with our Parental Access policy.
  20. Please refer to the "Parents Safe Usage" and the "Secure & Safe Practice" Guides for more information on mobile phone procedures.

Vodafone Stay Mobile Essential Insurance Terms & Conditions (Effective 1st March 2013)

Benefits

ACE European Group Limited (‘The Company’) will at its discretion and in return for your continued payment of the monthly Premium, reimburse You for the cost of repair or replacement of your Insured Equipment to an equivalent specification, which may be by way of a refurbished mobile where your mobile has been damaged, lost or stolen during the Period of Insurance subject to the following definitions, exclusions and conditions.

Definitions

  1. "the Company" means ACE European Group Limited, Ireland Branch(“ACE”), of 5 George’s Dock, International Financial Services Centre, Dublin 1.
  2. "the Premium" means the amount payable by You for this insurance.
  3. “You” or "Your” and words derived there from means a Vodafone Ireland Limited ("Vodafone") subscriber (or a nominated user of the subscriber who has been notified to Vodafone) whose application for insurance is accepted by the Company and who pays and continues to pay the Premium.
  4. "the Insured Equipment" means Your mobile phone handset or data device as listed as insured by You in Vodafone’s records (and a standard home charger, battery and SIM card therefore.) An upgraded mobile phone handset or data device obtained through Vodafone’s upgrade programme will automatically become the Insured Equipment (in place of Your prior handset or data device) unless You advise the Company to the contrary.
  5. “Public place" means libraries parks, restaurants, shops public houses nightclubs and similar places open to the public including taxis, public transport, private clubs, sports clubs and gyms.
  6. "Period of Insurance" means the period between the Company’s acceptance of Your application for insurance and the termination of the insurance. Period of insurance refers to one calendar month with a minimum initial duration of three months and your policy will automatically renew on a monthly basis for up to fifty-nine (59) months provided you pay the required premium or unless the policy is cancelled within the terms of Clause 9 Cancellation below.
  7. “Accidental Damage or Damage” means accidental physical breakage, destruction or failure of your covered product(s) due to an unforeseen event which causes physical damage to the covered product(s) and that prevents it from operating correctly.
  8. “Loss or Lost“ means where the Insured Equipment has been accidentally left by you in a location and you are permanently deprived of its use.
  9. “Theft or Stolen” means the taking of Your Insured Equipment by persons known or unknown with the intention of unlawfully and permanently depriving You of possession of Your Insured Equipment.
  10. “Unattended” means when you do not have full view of your property or where you are not in a position to prevent the unauthorised taking of the Insured Equipment, unless it is left in a locked room or a locked safety deposit facility.

Exclusions

This insurance does not cover the following:

  • Loss, Theft or Damage caused by Your wilful misconduct.
  • Mechanical or electrical breakdown or derangement unless caused by accidental external means.
  • Loss, Damage or Theft of the Insured Equipment where the Loss, Damage or Theft occurred within the first 30 days of the Period of Insurance unless the Period of Insurance started when purchasing the mobile phone handset.
  • Damage covered by the manufacturers’ warranty and damage caused by inherent manufacturing or design faults.
  • Damage to, or malfunction of, the Insured Equipment caused by, or attributed to, the operation of a software virus or any other software based malfunction.
  • Theft of the Insured Equipment whilst left in an unattended motor vehicle unless the vehicle is locked, all protections are in operation and the Theft is from a locked boot or closed compartment.
  • Theft of the Insured Equipment whilst left unattended by You in any property, place or premises unless there is evidence of forcible and violent entry/exit.
  • Loss where the Insured Equipment is left unattended or left behind by the Insured Customer at any property, Public place or premises to which the public has access.
  • Loss, Theft or Damage if at the time of the Loss, Theft or Damage the Insured Equipment is not in Your possession or is not being used by You.
  • Damage resulting from ordinary wear and tear.
  • Damage or Loss caused by leaving the Insured Equipment on the roof, bonnet, boot or any exterior part of a motorised vehicle.
  • Consequential loss of any kind.
  • For loss of use or reconnection costs or subscription fees of any kind, any expense incurred as a result of not being able to use the mobile, any unauthorised call use from your mobile phone or any loss other than the repair or replacement costs of the mobile.
  • Loss or Damage resulting or arising directly or indirectly from:
    (a) ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
    (b) the radioactive, toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
  • Loss or Damage from pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.
  • Any consequence of war invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war,riot, civil commotion, rebellion, revolution, insurrection, military or usurped power, delay, confiscation, or detention by Customs or other Officials or Authorities.
  • Insured Equipment for which a claim has previously been made except for Insured Equipment which has previously been repaired under the provisions of clause 3 of Conditions.
  • Claims for Theft or Loss without a Garda PULSE Number or local police authority crime reference number or certificate which can substantiate the Theft or Loss.

 

Conditions

  1. Precautions - You shall take all reasonable precautions to ensure the safety of the Insured Equipment. No claim shall be agreed where there has been a failure in this regard.
  2. Claims - In the event of any Loss, Theft or Damage to the Insured Equipment You must:
    a. notify Vodafone immediately so that the phone or data device may be barred or disconnected.
    b. within 7 days of the Loss, Theft or Damage, notify the administrator together with any further details required to substantiate the claim. You can notify Vodafone Claims online at www.staymobile.ie, by phone at 1850 92 77 11, by fax to 01 696 1027 or by post to Vodafone Claims, P O Box 10329 Dublin 2.
    c. in the event of Theft or Loss, You must notify the Garda Siochana or local police authority within 48 hours and take all steps to recover the Insured Equipment and co-operate with the investigations and enquiries of the Gardai Siochana or local police authority.
    d. You may make no more than 2 claims on this or any previous Vodafone Stay Mobile Essential, Vodafone Stay Mobile or Vodafone Stay Mobile Plus insurance policy for the same mobile telephone number over a continuous 12 month period.
  3. The Company will use its best endeavours to process all claims quickly however, neither the Company nor Vodafone shall be liable for any delays incurred in the processing of claims, or the delivery, replacement or repair of Insured Equipment.

    Conditions precedent to liability for the Company to pay a claim under this policy:

    That when any event occurs which gives rise to a claim under this policy the Insured Equipment must be repaired or replaced by the Company or an authorised repairer nominated by the Company. If you don’t do this, any liability of the Company that would have arisen as a result of such Loss shall be forfeited; Your mobile is equipped with your Vodafone authorised SIM and is connected to the Vodafone network at the time of the incident or event giving rise to such claim.

  4. To pay a claim under this policy, the Premium payable by you has been paid by You up to the incident date of the claim.

     

  5. The Basis for Settlement of Claims

    If the Insured Equipment which has been damaged, and can in the opinion of the Company, be economically repaired, the Company will be responsible for repair and delivery costs only.If the Insured Equipment has been lost, stolen or damaged (but cannot be economically repaired), the Company will, insofar as is possible, provide a like-for-like replacement. However, should such replacement not be available, You will be provided with similar equipment which may be by way of a refurbished unit based on the capabilities of the Insured Equipment and the Company reserves the right to specify the replacement equipment. In the event that such Insured Equipment is unavailable and should You wish to select replacement Insured Equipment that is deemed to be an upgrade in specification and value, We reserve the right to charge You the value of any betterment before settling Your Claim. This betterment value will be the net financial improvement in Your position as a result of Us providing You with replacement Insured Equipment with a greater value than the available models of similar specification and value that were initially offered to You. You must have the damaged Insured Equipment available for collection at the time that a replacement unit is being delivered. Failure to do so will result in the replacement unit not being given to You. You will also incur delivery costs if You are not at the delivery address as arranged. You must have the damaged Insured Equipment available for collection at the time that a replacement unit is being delivered. Failure to do so will result in the replacement unit not being given to You. You will also incur delivery costs if You are not at the delivery address as arranged.

  6. Limits - This policy is subject to the following limits:
    • You may make no more than two claims in any 12-month period.
    • There shall be an excess charge payable by You for all successful claims. The amount of the excess charge depends on the cost of the replacement or repair of the Insured Equipment in respect of which a claim is made.
    • Where the cost to the Company of the replacement of the Insured Equipment (available on request from the Company) including fulfilment and delivery costs is less thant €300 at the time of the claim, then the excess charge shall be €20.00 for the first successful claim and €50.00 for any subsequent successful claim made within 12 months.
    • Where the cost to the Company of the replacement of the Insured Equipment, including fulfilment and delivery costs is €300 or more at the time of the claim, then the excess charge payable for each and every successful claim will be €125.00.
    • Where the Insured Equipment is repaired the excess charge shall be €20.00.
  7. Barring phones - The Company reserves the right to permanently bar any or all mobile phone handsets or data devices that have been lost, stolen or damaged (but cannot be economically repaired) in respect of which a claim has been approved.
  8. Salvage - The Company will be entitled to take and keep possession of damaged or recovered Insured Equipment and to deal with the salvage in a reasonable manner.
  9. Subrogation - The Company may at its own expense take such proceedings as it thinks fit in Your name in relation to the Insured Equipment and in such circumstances You shall give such assistance to the Company as the Company shall reasonably require.
  10. Fraud -
    (i) If you ( or anyone acting for you) make a claim under this policy knowing the claim to be false or fraudulently exaggerated in any respect or make a statement in support of a claim knowing the statement to be false in any respect or submit a document in support of a claim knowing the document to be forged or false in any respect or make a claim in respect of any Theft, Loss or Damage caused by your wilful act or with the intent to defraud the insurer, Then your claim will be declined and your policy will be cancelled without notice with no refund of premium;
    (ii) The Insurer may be entitled to recover from you the cost of any claim already paid under this policy (if necessary the cost may be recovered through the instigation of court proceedings). We may also be entitled to recover from you the cost of any investigation into a fraudulent claim under this policy (if necessary the cost may be recovered through the instigation of court proceedings) and;
    (iii) The Insurer may inform the Garda Siochana, Government or regulatory bodies of the circumstances. Details of fraudulent claims will be put on a register of claims through which insurers share information to prevent fraudulent claims. A list of participants names and addresses are available on request.
  11. Cancellation - You or the insurer may cancel this policy by giving 30 days’ notice to each other. You need to contact Vodafone on 1907 from a Vodafone mobile or 1800 22 55 88 from any other phone or write to the administrator at Vodafone Claims Management, P O Box 10329 Dublin 2. We won’t refund the premium for the period the policy was valid prior to such a cancellation. You also have a right to cancel this policy, which extends for 14 days from the later of:
    (a) The day you are informed that the policy has commenced and;
    (b) The day on which you receive the full terms and conditions of the policy.
    On receipt of the notice you will receive a refund of any premiums already paid unless the insurer has already been notified of a claim.
  12. Changes to the insurance - The Company, by giving You 30 days notice in writing during the Period of Insurance, may alter the Premium and/or the Terms and Conditions of this insurance with effect from the end of the notice period. On receipt of such notice, You may, at any time within the 30 day notice period, by notice in writing to the Company, cancel the insurance with immediate effect. If You change Your Insured Equipment and, as a consequence a different Premium becomes payable in respect of the Insured Equipment, the new Premium will be charged from the date of the change. If you do not want to pay the new Premium You may, at the time of the change, by notice in writing to the Company, cancel the insurance with immediate effect.
  13. Transfer of insurance - The Company reserves the right to transfer its obligations under this insurance to any other reputable insurance company which the Company may determine.
  14. Complaints - The Company is dedicated to providing a high quality service and wants to maintain this at all times. If you are not satisfied with this service, please call immediately Vodafone Claims Management on 1850 92 77 11 or write to them at: Vodafone Claims Management, PO Box 10329, Dublin 2. The Administrator will try to resolve your concerns within 24 hours. If this is not possible, they will acknowledge your complaint within 5 working days of receipt and provide a response within 4 weeks.
    If you are still not satisfied, contact ACE. ACE can be reached by calling 01-4401700, by fax on 01-440 1701 or in writing at: The Complaints Manager, Vodafone Stay Mobile Handset Insurance, ACE European Group Limited,5 George’s Dock, International Financial Services Centre, Dublin 1.
    The existence of these complaints procedures does not reduce your statutory rights in relation to this Policy. If you are not satisfied with ACE’s final response, you can ask the Financial Services Ombudsman to review your case. The FSO can be contacted by calling 01-662 0899, by fax on 01-662 0890 or in writing at: Financial Services Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. The FSO website is www.financialombudsman.ie.
  15. Law - Current legislation allows the parties to this contract to choose which law is used to interpret this Policy. You and ACE agree that:
    i. this Policy will be governed and interpreted in accordance with the Law of Ireland and only the Irish Courts will have jurisdiction in any dispute; and
    ii. communication of and in connection with this Policy shall be in the English language.
  16. Data Protection - ACE fully accepts its responsibility to protect the privacy of customers and the confidentiality and security of information entrusted to them.
    The information you provided when you took out your Policy, together with other information you provide at any later date, will be used by ACE and its group companies to help them meet your needs, including: supplying you with products and services you have requested, initially or at any later date; supplying you with information about additional products and services; and improving their products, their services, and the operations of their website. ACE may disclose your information to their service providers and agents for these purposes, as well as any agents you have appointed to act on your behalf. It may also be used for the purpose of fraud prevention, including passing details to other insurers and regulatory bodies.
    ACE may share information with a third party claims administrator to process and administer your claim. Where you have provided information about another person in connection with the purchase and performance of this Policy, you confirm that they have appointed you to act for them, that they have consented to the processing of their personal data, including sensitive personal data, and that they have consented to the transfer of their information abroad. You also agree to receive on their behalf any data protection notices from ACE. ACE may, if you have given them permission, contact you by post, telephone or email to let you know about goods, services or promotions that may be of interest to you and/or to share your information with organisations that are ACE’s business partners.
    You have the right to withdraw your consent at any time and have your details removed from future marketing programmes. It will help ACE if you provide your full name, postal address, and insurance Policy. Please allow 40 days if you wish to have your name removed from marketing programmes for your request to become effective. To do this, please phone 1800 24 24 67 or +353 (0)1 440 1766, or write to: The Customer Service Manager, ACE European Group Limited, 5 George’s Dock, International Financial Services Centre, Dublin 1.
    ACE may monitor and/or record your communication with them, either themselves or using reputable organisations selected by ACE, to ensure consistent servicing levels and account operation. It may be necessary for you to provide additional information including sensitive personal data in order for ACE to assess and pay any claims. ACE may only obtain this information, or ask third parties to obtain this information, with your express prior consent. By submitting a claim you are expressly consenting to ACE obtaining and using such information to enable ACE to assess and pay such claim.
    ACE will not disclose any claim details to any other third party without written permission from the policyholder and/or claimant.
    ACE will keep information about you only for so long as is appropriate. If you ask, ACE will, in accordance with your subject access rights, tell you what information it holds about you and provide it to you in accordance with applicable law. Any information which is found to be incorrect will be corrected promptly.
  17. General - All monies which become payable by the Company under this insurance shall, in accordance with Section 93 of the Insurance Act 1936 be paid in the Republic of Ireland. Stamp Duty has been or will be paid in accordance with current legislation.
    This insurance is underwritten by ACE European Group Ltd, Ireland Branch, whose main business is general insurance. ACE is authorised by the Financial Services Authority in the UK and is regulated by the Central Bank of Ireland for conduct of business rules. Registered Branch Office in Ireland is 5 Georges Dock, IFSC, Dublin 1.Registered No. 904967. ACE European Group Limited is registered in England, No 1112892, 100 Leadenhall St, London, EC3A 3BP; FSA registration FRN202803. It has appointed Vodafone as administration agents, and both may use the resources of and assign obligations to other companies. ACE is a member of the Irish Insurance Federation. The Federation, representing the insurance industry and working closely with the Central Bank of Ireland, in seeking to promote a fair and open, consumer-driven market, has agreed a minimum set of standards for member companies’ dealings with their customers resident in the Republic of Ireland Your policy is administered by Occipital Limited (trading as Interaction).

Vodafone Stay Mobile Standard Insurance Terms & Conditions (Effective 1st March 2013)

Benefits

ACE European Group Limited (‘The Company’) will at its discretion and in return for your continued payment of the monthly Premium, reimburse You for the cost of repair or replacement of your Insured Equipment to an equivalent specification, which may be by way of a refurbished mobile where your mobile has been damaged, lost or stolen during the Period of Insurance subject to the following definitions, exclusions and conditions.

Definitions

  1. "the Company" means ACE European Group Limited, Ireland Branch(“ACE”), of 5 George’s Dock, International Financial Services Centre, Dublin 1.
  2. "the Premium" means the amount payable by You for this insurance.
  3. “You” or "Your” and words derived there from means a Vodafone Ireland Limited ("Vodafone") subscriber (or a nominated user of the subscriber who has been notified to Vodafone) whose application for insurance is accepted by the Company and who pays and continues to pay the Premium.
  4. "the Insured Equipment" means Your mobile phone handset or data device as listed as insured by You in Vodafone’s records (and a standard home charger, battery and SIM card therefore.) An upgraded mobile phone handset or data device obtained through Vodafone’s upgrade programme will automatically become the Insured Equipment (in place of Your prior handset or data device) unless You advise the Company to the contrary.
  5. “Public place" means libraries parks, restaurants, shops public houses nightclubs and similar places open to the public including taxis, public transport, private clubs, sports clubs and gyms.
  6. "Period of Insurance" means the period between the Company’s acceptance of Your application for insurance and the termination of the insurance. Period of insurance refers to one calendar month with a minimum initial duration of three months and your policy will automatically renew on a monthly basis for up to fifty-nine (59) months provided you pay the required premium or unless the policy is cancelled within the terms of Clause 9 Cancellation below.
  7. “Accidental Damage or Damage” means accidental physical breakage, destruction or failure of your covered product(s) due to an unforeseen event which causes physical damage to the covered product(s) and that prevents it from operating correctly.
  8. “Loss or Lost“ means where the Insured Equipment has been accidentally left by you in a location and you are permanently deprived of its use.
  9. “Theft or Stolen” means the taking of Your Insured Equipment by persons known or unknown with the intention of unlawfully and permanently depriving You of possession of Your Insured Equipment.
  10. “Unattended” means when you do not have full view of your property or where you are not in a position to prevent the unauthorised taking of the Insured Equipment, unless it is left in a locked room or a locked safety deposit facility.

Exclusions

This insurance does not cover the following:

  • Loss, Theft or Damage caused by Your wilful misconduct.
  • Mechanical or electrical breakdown or derangement unless caused by accidental external means.
  • Loss, Damage or Theft of the Insured Equipment where the Loss, Damage or Theft occurred within the first 30 days of the Period of Insurance unless the Period of Insurance started when purchasing the mobile phone handset.
  • Damage covered by the manufacturers’ warranty and damage caused by inherent manufacturing or design faults.
  • Damage to, or malfunction of, the Insured Equipment caused by, or attributed to, the operation of a software virus or any other software based malfunction.
  • Theft of the Insured Equipment whilst left in an unattended motor vehicle unless the vehicle is locked, all protections are in operation and the Theft is from a locked boot or closed compartment.
  • Theft of the Insured Equipment whilst left unattended by You in any property, place or premises unless there is evidence of forcible and violent entry/exit.
  • Loss where the Insured Equipment is left unattended or left behind by the Insured Customer at any property, Public place or premises to which the public has access.
  • Loss, Theft or Damage if at the time of the Loss, Theft or Damage the Insured Equipment is not in Your possession or is not being used by You.
  • Damage resulting from ordinary wear and tear.
  • Damage or Loss caused by leaving the Insured Equipment on the roof, bonnet, boot or any exterior part of a motorised vehicle.
  • Consequential loss of any kind.
  • For loss of use or reconnection costs or subscription fees of any kind, any expense incurred as a result of not being able to use the mobile, any unauthorised call use from your mobile phone or any loss other than the repair or replacement costs of the mobile.
  • Loss or Damage resulting or arising directly or indirectly from:
    (a) ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
    (b) the radioactive, toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
  • Loss or Damage from pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.
  • Any consequence of war invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war,riot, civil commotion, rebellion, revolution, insurrection, military or usurped power, delay, confiscation, or detention by Customs or other Officials or Authorities.
  • Insured Equipment for which a claim has previously been made except for Insured Equipment which has previously been repaired under the provisions of clause 3 of Conditions.
  • Claims for Theft or Loss without a Garda PULSE Number or local police authority crime reference number or certificate which can substantiate the Theft or Loss.

 

Conditions

  1. Precautions - You shall take all reasonable precautions to ensure the safety of the Insured Equipment. No claim shall be agreed where there has been a failure in this regard.
  2. Claims - In the event of any Loss, Theft or Damage to the Insured Equipment You must:
    a. notify Vodafone immediately so that the phone or data device may be barred or disconnected.
    b. within 7 days of the Loss, Theft or Damage, notify the administrator together with any further details required to substantiate the claim. You can notify Vodafone Claims online at www.staymobile.ie, by phone at 1850 92 77 11, by fax to 01 696 1027 or by post to Vodafone Claims, P O Box 10329 Dublin 2.
    c. in the event of Theft or Loss, You must notify the Garda Siochana or local police authority within 48 hours and take all steps to recover the Insured Equipment and co-operate with the investigations and enquiries of the Gardai Siochana or local police authority.
    d. You may make no more than 2 claims on this or any previous Vodafone Stay Mobile Essential, Vodafone Stay Mobile or Vodafone Stay Mobile Plus insurance policy for the same mobile telephone number over a continuous 12 month period.
  3. The Company will use its best endeavours to process all claims quickly however, neither the Company nor Vodafone shall be liable for any delays incurred in the processing of claims, or the delivery, replacement or repair of Insured Equipment.

    Conditions precedent to liability for the Company to pay a claim under this policy:

    That when any event occurs which gives rise to a claim under this policy the Insured Equipment must be repaired or replaced by the Company or an authorised repairer nominated by the Company. If you don’t do this, any liability of the Company that would have arisen as a result of such Loss shall be forfeited; Your mobile is equipped with your Vodafone authorised SIM and is connected to the Vodafone network at the time of the incident or event giving rise to such claim. To pay a claim under this policy, the Premium payable by you has been paid by You up to the incident date of the claim.

  4. The Basis for Settlement of Claims– If the Insured Equipment which has been damaged, and can in the opinion of the Company, be economically repaired, the Company will be responsible for repair and delivery costs only.

    If the Insured Equipment has been lost, stolen or damaged (but cannot be economically repaired), the Company will, insofar as is possible, provide a like-for-like replacement. However, should such replacement not be available, You will be provided with similar equipment which may be by way of a refurbished unit based on the capabilities of the Insured Equipment and the Company reserves the right to specify the replacement equipment. In the event that such Insured Equipment is unavailable and should You wish to select replacement Insured Equipment that is deemed to be an upgrade in specification and value, We reserve the right to charge You the value of any betterment before settling Your Claim. This betterment value will be the net financial improvement in Your position as a result of Us providing You with replacement Insured Equipment with a greater value than the available models of similar specification and value that were initially offered to You.

    You must have the damaged Insured Equipment available for collection at the time that a replacement unit is being delivered. Failure to do so will result in the replacement unit not being given to You. You will also incur delivery costs if You are not at the delivery address as arranged.

  5. Limits - This policy is subject to the following limits:
    • You may make no more than two claims in any 12-month period.
    • There shall be an excess charge payable by You for all successful claims. The amount of the excess charge depends on the cost of the replacement or repair of the Insured Equipment in respect of which a claim is made.
    • Where the cost to the Company of the replacement of the Insured Equipment (available on request from the Company) including fulfilment and delivery costs is less than €500 at the time of the claim, then the excess charge shall be €35.00 for the first successful claim and €75.00for any subsequent successful claim made within 12 months.
    • Where the cost to the Company of the replacement of the Insured Equipment, including fulfilment and delivery costs is €500 or more at the time of the claim, then the excess charge payable for each and every successful claim will be €125.00.
    • Where the Insured Equipment is repaired the excess charge shall be €35.00.
  6. Barring phones - The Company reserves the right to permanently bar any or all mobile phone handsets or data devices that have been lost, stolen or damaged (but cannot be economically repaired) in respect of which a claim has been approved.
  7. Salvage - The Company will be entitled to take and keep possession of damaged or recovered Insured Equipment and to deal with the salvage in a reasonable manner.
  8. Subrogation - The Company may at its own expense take such proceedings as it thinks fit in Your name in relation to the Insured Equipment and in such circumstances You shall give such assistance to the Company as the Company shall reasonably require.
  9. Fraud -
    (i) If you ( or anyone acting for you) make a claim under this policy knowing the claim to be false or fraudulently exaggerated in any respect or make a statement in support of a claim knowing the statement to be false in any respect or submit a document in support of a claim knowing the document to be forged or false in any respect or make a claim in respect of any Theft, Loss or Damage caused by your wilful act or with the intent to defraud the insurer, Then your claim will be declined and your policy will be cancelled without notice with no refund of premium;
    (ii) The Insurer may be entitled to recover from you the cost of any claim already paid under this policy (if necessary the cost may be recovered through the instigation of court proceedings). We may also be entitled to recover from you the cost of any investigation into a fraudulent claim under this policy (if necessary the cost may be recovered through the instigation of court proceedings) and;
    (iii) The Insurer may inform the Garda Siochana, Government or regulatory bodies of the circumstances. Details of fraudulent claims will be put on a register of claims through which insurers share information to prevent fraudulent claims. A list of participants names and addresses are available on request.
  10. Cancellation - You or the insurer may cancel this policy by giving 30 days’ notice to each other. You need to contact Vodafone on 1907 from a Vodafone mobile or 1800 22 55 88 from any other phone or write to the administrator at Vodafone Claims Management, P O Box 10329 Dublin 2. We won’t refund the premium for the period the policy was valid prior to such a cancellation. You also have a right to cancel this policy, which extends for 14 days from the later of:
    (a) The day you are informed that the policy has commenced and;
    (b) The day on which you receive the full terms and conditions of the policy.
    On receipt of the notice you will receive a refund of any premiums already paid unless the insurer has already been notified of a claim.
  11. Changes to the insurance - The Company, by giving You 30 days notice in writing during the Period of Insurance, may alter the Premium and/or the Terms and Conditions of this insurance with effect from the end of the notice period. On receipt of such notice, You may, at any time within the 30 day notice period, by notice in writing to the Company, cancel the insurance with immediate effect. If You change Your Insured Equipment and, as a consequence a different Premium becomes payable in respect of the Insured Equipment, the new Premium will be charged from the date of the change. If you do not want to pay the new Premium You may, at the time of the change, by notice in writing to the Company, cancel the insurance with immediate effect.
  12. Transfer of insurance - The Company reserves the right to transfer its obligations under this insurance to any other reputable insurance company which the Company may determine.
  13. Complaints - The Company is dedicated to providing a high quality service and wants to maintain this at all times. If you are not satisfied with this service, please call immediately Vodafone Claims Management on 1850 92 77 11 or write to them at: Vodafone Claims Management, PO Box 10329, Dublin 2. The Administrator will try to resolve your concerns within 24 hours. If this is not possible, they will acknowledge your complaint within 5 working days of receipt and provide a response within 4 weeks.
    If you are still not satisfied, contact ACE. ACE can be reached by calling 01-4401700, by fax on 01-440 1701 or in writing at: The Complaints Manager, Vodafone Stay Mobile Handset Insurance, ACE European Group Limited,5 George’s Dock, International Financial Services Centre, Dublin 1.
    The existence of these complaints procedures does not reduce your statutory rights in relation to this Policy. If you are not satisfied with ACE’s final response, you can ask the Financial Services Ombudsman to review your case. The FSO can be contacted by calling 01-662 0899, by fax on 01-662 0890 or in writing at: Financial Services Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. The FSO website is www.financialombudsman.ie.
  14. Law - Current legislation allows the parties to this contract to choose which law is used to interpret this Policy. You and ACE agree that:
    i. this Policy will be governed and interpreted in accordance with the Law of Ireland and only the Irish Courts will have jurisdiction in any dispute; and
    ii. communication of and in connection with this Policy shall be in the English language.
  15. Data Protection - ACE fully accepts its responsibility to protect the privacy of customers and the confidentiality and security of information entrusted to them.
    The information you provided when you took out your Policy, together with other information you provide at any later date, will be used by ACE and its group companies to help them meet your needs, including: supplying you with products and services you have requested, initially or at any later date; supplying you with information about additional products and services; and improving their products, their services, and the operations of their website. ACE may disclose your information to their service providers and agents for these purposes, as well as any agents you have appointed to act on your behalf. It may also be used for the purpose of fraud prevention, including passing details to other insurers and regulatory bodies.
    ACE may share information with a third party claims administrator to process and administer your claim. Where you have provided information about another person in connection with the purchase and performance of this Policy, you confirm that they have appointed you to act for them, that they have consented to the processing of their personal data, including sensitive personal data, and that they have consented to the transfer of their information abroad. You also agree to receive on their behalf any data protection notices from ACE. ACE may, if you have given them permission, contact you by post, telephone or email to let you know about goods, services or promotions that may be of interest to you and/or to share your information with organisations that are ACE’s business partners.
    You have the right to withdraw your consent at any time and have your details removed from future marketing programmes. It will help ACE if you provide your full name, postal address, and insurance Policy. Please allow 40 days if you wish to have your name removed from marketing programmes for your request to become effective. To do this, please phone 1800 24 24 67 or +353 (0)1 440 1766, or write to: The Customer Service Manager, ACE European Group Limited, 5 George’s Dock, International Financial Services Centre, Dublin 1.
    ACE may monitor and/or record your communication with them, either themselves or using reputable organisations selected by ACE, to ensure consistent servicing levels and account operation. It may be necessary for you to provide additional information including sensitive personal data in order for ACE to assess and pay any claims. ACE may only obtain this information, or ask third parties to obtain this information, with your express prior consent. By submitting a claim you are expressly consenting to ACE obtaining and using such information to enable ACE to assess and pay such claim.
    ACE will not disclose any claim details to any other third party without written permission from the policyholder and/or claimant.
    ACE will keep information about you only for so long as is appropriate. If you ask, ACE will, in accordance with your subject access rights, tell you what information it holds about you and provide it to you in accordance with applicable law. Any information which is found to be incorrect will be corrected promptly.
  16. General - All monies which become payable by the Company under this insurance shall, in accordance with Section 93 of the Insurance Act 1936 be paid in the Republic of Ireland. Stamp Duty has been or will be paid in accordance with current legislation.
    This insurance is underwritten by ACE European Group Ltd, Ireland Branch, whose main business is general insurance. ACE is authorised by the Financial Services Authority in the UK and is regulated by the Central Bank of Ireland for conduct of business rules. Registered Branch Office in Ireland is 5 Georges Dock, IFSC, Dublin 1.Registered No. 904967. ACE European Group Limited is registered in England, No 1112892, 100 Leadenhall St, London, EC3A 3BP; FSA registration FRN202803. It has appointed Vodafone as administration agents, and both may use the resources of and assign obligations to other companies. ACE is a member of the Irish Insurance Federation. The Federation, representing the insurance industry and working closely with the Central Bank of Ireland, in seeking to promote a fair and open, consumer-driven market, has agreed a minimum set of standards for member companies’ dealings with their customers resident in the Republic of Ireland Your policy is administered by Occipital Limited (trading as Interaction).

Vodafone Stay Mobile Plus Insurance Terms & Conditions (Effective 1st March 2013)

Benefits

ACE European Group Limited (‘The Company’) will at its discretion and in return for your continued payment of the monthly Premium, reimburse You for the cost of repair or replacement of your Insured Equipment to an equivalent specification, which may be by way of a refurbished mobile where your mobile has been damaged, lost or stolen during the Period of Insurance subject to the following definitions, exclusions and conditions.

Definitions

  1. "the Company" means ACE European Group Limited, Ireland Branch(“ACE”), of 5 George’s Dock, International Financial Services Centre, Dublin 1.
  2. "the Premium" means the amount payable by You for this insurance.
  3. “You” or "Your” and words derived there from means a Vodafone Ireland Limited ("Vodafone") subscriber (or a nominated user of the subscriber who has been notified to Vodafone) whose application for insurance is accepted by the Company and who pays and continues to pay the Premium.
  4. "the Insured Equipment" means Your mobile phone handset or data device as listed as insured by You in Vodafone’s records (and a standard home charger, battery and SIM card therefore.) An upgraded mobile phone handset or data device obtained through Vodafone’s upgrade programme will automatically become the Insured Equipment (in place of Your prior handset or data device) unless You advise the Company to the contrary.
  5. “Public place" means libraries parks, restaurants, shops public houses nightclubs and similar places open to the public including taxis, public transport, private clubs, sports clubs and gyms.
  6. "Period of Insurance" means the period between the Company’s acceptance of Your application for insurance and the termination of the insurance. Period of insurance refers to one calendar month with a minimum initial duration of three months and your policy will automatically renew on a monthly basis for up to fifty-nine (59) months provided you pay the required premium or unless the policy is cancelled within the terms of Clause 9 Cancellation below.
  7. “Accidental Damage or Damage” means accidental physical breakage, destruction or failure of your covered product(s) due to an unforeseen event which causes physical damage to the covered product(s) and that prevents it from operating correctly.
  8. “Loss or Lost“ means where the Insured Equipment has been accidentally left by you in a location and you are permanently deprived of its use.
  9. “Theft or Stolen” means the taking of Your Insured Equipment by persons known or unknown with the intention of unlawfully and permanently depriving You of possession of Your Insured Equipment.
  10. “Unattended” means when you do not have full view of your property or where you are not in a position to prevent the unauthorised taking of the Insured Equipment, unless it is left in a locked room or a locked safety deposit facility.

Exclusions

This insurance does not cover the following:

  • Loss, Theft or Damage caused by Your wilful misconduct.
  • Mechanical or electrical breakdown or derangement unless caused by accidental external means.
  • Loss, Damage or Theft of the Insured Equipment where the Loss, Damage or Theft occurred within the first 30 days of the Period of Insurance unless the Period of Insurance started when purchasing the mobile phone handset.
  • Damage covered by the manufacturers’ warranty and damage caused by inherent manufacturing or design faults.
  • Damage to, or malfunction of, the Insured Equipment caused by, or attributed to, the operation of a software virus or any other software based malfunction.
  • Theft of the Insured Equipment whilst left in an unattended motor vehicle unless the vehicle is locked, all protections are in operation and the Theft is from a locked boot or closed compartment.
  • Theft of the Insured Equipment whilst left unattended by You in any property, place or premises unless there is evidence of forcible and violent entry/exit.
  • Loss where the Insured Equipment is left unattended or left behind by the Insured Customer at any property, Public place or premises to which the public has access.
  • Loss, Theft or Damage if at the time of the Loss, Theft or Damage the Insured Equipment is not in Your possession or is not being used by You.
  • Damage resulting from ordinary wear and tear.
  • Damage or Loss caused by leaving the Insured Equipment on the roof, bonnet, boot or any exterior part of a motorised vehicle.
  • Consequential loss of any kind.
  • For loss of use or reconnection costs or subscription fees of any kind, any expense incurred as a result of not being able to use the mobile, any unauthorised call use from your mobile phone or any loss other than the repair or replacement costs of the mobile.
  • Loss or Damage resulting or arising directly or indirectly from:
    (a) ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
    (b) the radioactive, toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
  • Loss or Damage from pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.
  • Any consequence of war invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war,riot, civil commotion, rebellion, revolution, insurrection, military or usurped power, delay, confiscation, or detention by Customs or other Officials or Authorities.
  • Insured Equipment for which a claim has previously been made except for Insured Equipment which has previously been repaired under the provisions of clause 3 of Conditions.
  • Claims for Theft or Loss without a Garda PULSE Number or local police authority crime reference number or certificate which can substantiate the Theft or Loss.

 

Conditions

  1. Precautions - You shall take all reasonable precautions to ensure the safety of the Insured Equipment. No claim shall be agreed where there has been a failure in this regard.
  2. Claims - In the event of any Loss, Theft or Damage to the Insured Equipment You must:
    a. notify Vodafone immediately so that the phone or data device may be barred or disconnected.
    b. within 7 days of the Loss, Theft or Damage, notify the administrator together with any further details required to substantiate the claim. You can notify Vodafone Claims online at www.staymobile.ie , by phone at 1850 92 77 11, by fax to 01 696 1027 or by post to Vodafone Claims, P O Box 10329 Dublin 2.
    c. in the event of Theft or Loss, You must notify the Garda Siochana or local police authority within 48 hours and take all steps to recover the Insured Equipment and co-operate with the investigations and enquiries of the Gardai Siochana or local police authority.
    d. You may make no more than 2 claims on this or any previous Vodafone Stay Mobile Essential, Vodafone Stay Mobile or Vodafone Stay Mobile Plus insurance policy for the same mobile telephone number over a continuous 12 month period.
  3. The Company will use its best endeavours to process all claims quickly however, neither the Company nor Vodafone shall be liable for any delays incurred in the processing of claims, or the delivery, replacement or repair of Insured Equipment.

    Conditions precedent to liability for the Company to pay a claim under this policy:

    That when any event occurs which gives rise to a claim under this policy the Insured Equipment must be repaired or replaced by the Company or an authorised repairer nominated by the Company. If you don’t do this, any liability of the Company that would have arisen as a result of such Loss shall be forfeited; Your mobile is equipped with your Vodafone authorised SIM and is connected to the Vodafone network at the time of the incident or event giving rise to such claim. To pay a claim under this policy, the Premium payable by you has been paid by You up to the incident date of the claim.

  4. The Basis for Settlement of Claims– If the Insured Equipment which has been damaged, and can in the opinion of the Company, be economically repaired, the Company will be responsible for repair and delivery costs only.

    If the Insured Equipment has been lost, stolen or damaged (but cannot be economically repaired), the Company will, insofar as is possible, provide a like-for-like replacement. However, should such replacement not be available, You will be provided with similar equipment which may be by way of a refurbished unit based on the capabilities of the Insured Equipment and the Company reserves the right to specify the replacement equipment. In the event that such Insured Equipment is unavailable and should You wish to select replacement Insured Equipment that is deemed to be an upgrade in specification and value, We reserve the right to charge You the value of any betterment before settling Your Claim. This betterment value will be the net financial improvement in Your position as a result of Us providing You with replacement Insured Equipment with a greater value than the available models of similar specification and value that were initially offered to You.

    You must have the damaged Insured Equipment available for collection at the time that a replacement unit is being delivered. Failure to do so will result in the replacement unit not being given to You. You will also incur delivery costs if You are not at the delivery address as arranged.

  5. Limits - This policy is subject to the following limits:
    • You may make no more than two claims in any 12-month period.
    • There shall be an excess charge payable by You for all successful claims. The amount of the excess charge depends on the cost of the replacement or repair of the Insured Equipment in respect of which a claim is made.
    • Where the cost to the Company of the replacement of the Insured Equipment (available on request from the Company) including fulfilment and delivery costs is less than €1,000 at the time of the claim, then the excess charge shall be €65.00 for the first successful claim and €125.00 for any subsequent successful claim made within 12 months.
    • Where the cost to the Company of the replacement of the Insured Equipment, including fulfilment and delivery costs is €1,000 or more at the time of the claim, then the excess charge payable for each and every successful claim will be €150.00.
    • Where the Insured Equipment is repaired the excess charge shall be €65.00.
  6. Barring phones - The Company reserves the right to permanently bar any or all mobile phone handsets or data devices that have been lost, stolen or damaged (but cannot be economically repaired) in respect of which a claim has been approved.
  7. Salvage - The Company will be entitled to take and keep possession of damaged or recovered Insured Equipment and to deal with the salvage in a reasonable manner.
  8. Subrogation - The Company may at its own expense take such proceedings as it thinks fit in Your name in relation to the Insured Equipment and in such circumstances You shall give such assistance to the Company as the Company shall reasonably require.
  9. Fraud -
    (i) If you ( or anyone acting for you) make a claim under this policy knowing the claim to be false or fraudulently exaggerated in any respect or make a statement in support of a claim knowing the statement to be false in any respect or submit a document in support of a claim knowing the document to be forged or false in any respect or make a claim in respect of any Theft, Loss or Damage caused by your wilful act or with the intent to defraud the insurer, Then your claim will be declined and your policy will be cancelled without notice with no refund of premium;
    (ii) The Insurer may be entitled to recover from you the cost of any claim already paid under this policy (if necessary the cost may be recovered through the instigation of court proceedings). We may also be entitled to recover from you the cost of any investigation into a fraudulent claim under this policy (if necessary the cost may be recovered through the instigation of court proceedings) and;
    (iii) The Insurer may inform the Garda Siochana, Government or regulatory bodies of the circumstances. Details of fraudulent claims will be put on a register of claims through which insurers share information to prevent fraudulent claims. A list of participants names and addresses are available on request.
  10. Cancellation - You or the insurer may cancel this policy by giving 30 days’ notice to each other. You need to contact Vodafone on 1907 from a Vodafone mobile or 1800 22 55 88 from any other phone or write to the administrator at Vodafone Claims Management, P O Box 10329 Dublin 2. We won’t refund the premium for the period the policy was valid prior to such a cancellation. You also have a right to cancel this policy, which extends for 14 days from the later of:
    (a) The day you are informed that the policy has commenced and;
    (b) The day on which you receive the full terms and conditions of the policy.
    On receipt of the notice you will receive a refund of any premiums already paid unless the insurer has already been notified of a claim.
  11. Changes to the insurance - The Company, by giving You 30 days notice in writing during the Period of Insurance, may alter the Premium and/or the Terms and Conditions of this insurance with effect from the end of the notice period. On receipt of such notice, You may, at any time within the 30 day notice period, by notice in writing to the Company, cancel the insurance with immediate effect. If You change Your Insured Equipment and, as a consequence a different Premium becomes payable in respect of the Insured Equipment, the new Premium will be charged from the date of the change. If you do not want to pay the new Premium You may, at the time of the change, by notice in writing to the Company, cancel the insurance with immediate effect.
  12. Transfer of insurance - The Company reserves the right to transfer its obligations under this insurance to any other reputable insurance company which the Company may determine.
  13. Complaints - The Company is dedicated to providing a high quality service and wants to maintain this at all times. If you are not satisfied with this service, please call immediately Vodafone Claims Management on 1850 92 77 11 or write to them at: Vodafone Claims Management, PO Box 10329, Dublin 2. The Administrator will try to resolve your concerns within 24 hours. If this is not possible, they will acknowledge your complaint within 5 working days of receipt and provide a response within 4 weeks.
    If you are still not satisfied, contact ACE. ACE can be reached by calling 01-4401700, by fax on 01-440 1701 or in writing at: The Complaints Manager, Vodafone Stay Mobile Handset Insurance, ACE European Group Limited,5 George’s Dock, International Financial Services Centre, Dublin 1.
    The existence of these complaints procedures does not reduce your statutory rights in relation to this Policy. If you are not satisfied with ACE’s final response, you can ask the Financial Services Ombudsman to review your case. The FSO can be contacted by calling 01-662 0899, by fax on 01-662 0890 or in writing at: Financial Services Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. The FSO website is www.financialombudsman.ie.
  14. Law - Current legislation allows the parties to this contract to choose which law is used to interpret this Policy. You and ACE agree that:
    i. this Policy will be governed and interpreted in accordance with the Law of Ireland and only the Irish Courts will have jurisdiction in any dispute; and
    ii. communication of and in connection with this Policy shall be in the English language.
  15. Data Protection - ACE fully accepts its responsibility to protect the privacy of customers and the confidentiality and security of information entrusted to them.
    The information you provided when you took out your Policy, together with other information you provide at any later date, will be used by ACE and its group companies to help them meet your needs, including: supplying you with products and services you have requested, initially or at any later date; supplying you with information about additional products and services; and improving their products, their services, and the operations of their website. ACE may disclose your information to their service providers and agents for these purposes, as well as any agents you have appointed to act on your behalf. It may also be used for the purpose of fraud prevention, including passing details to other insurers and regulatory bodies.
    ACE may share information with a third party claims administrator to process and administer your claim. Where you have provided information about another person in connection with the purchase and performance of this Policy, you confirm that they have appointed you to act for them, that they have consented to the processing of their personal data, including sensitive personal data, and that they have consented to the transfer of their information abroad. You also agree to receive on their behalf any data protection notices from ACE. ACE may, if you have given them permission, contact you by post, telephone or email to let you know about goods, services or promotions that may be of interest to you and/or to share your information with organisations that are ACE’s business partners.
    You have the right to withdraw your consent at any time and have your details removed from future marketing programmes. It will help ACE if you provide your full name, postal address, and insurance Policy. Please allow 40 days if you wish to have your name removed from marketing programmes for your request to become effective. To do this, please phone 1800 24 24 67 or +353 (0)1 440 1766, or write to: The Customer Service Manager, ACE European Group Limited, 5 George’s Dock, International Financial Services Centre, Dublin 1.
    ACE may monitor and/or record your communication with them, either themselves or using reputable organisations selected by ACE, to ensure consistent servicing levels and account operation. It may be necessary for you to provide additional information including sensitive personal data in order for ACE to assess and pay any claims. ACE may only obtain this information, or ask third parties to obtain this information, with your express prior consent. By submitting a claim you are expressly consenting to ACE obtaining and using such information to enable ACE to assess and pay such claim.
    ACE will not disclose any claim details to any other third party without written permission from the policyholder and/or claimant.
    ACE will keep information about you only for so long as is appropriate. If you ask, ACE will, in accordance with your subject access rights, tell you what information it holds about you and provide it to you in accordance with applicable law. Any information which is found to be incorrect will be corrected promptly.
  16. General - All monies which become payable by the Company under this insurance shall, in accordance with Section 93 of the Insurance Act 1936 be paid in the Republic of Ireland. Stamp Duty has been or will be paid in accordance with current legislation.
    This insurance is underwritten by ACE European Group Ltd, Ireland Branch, whose main business is general insurance. ACE is authorised by the Financial Services Authority in the UK and is regulated by the Central Bank of Ireland for conduct of business rules. Registered Branch Office in Ireland is 5 Georges Dock, IFSC, Dublin 1.Registered No. 904967. ACE European Group Limited is registered in England, No 1112892, 100 Leadenhall St, London, EC3A 3BP; FSA registration FRN202803. It has appointed Vodafone as administration agents, and both may use the resources of and assign obligations to other companies. ACE is a member of the Irish Insurance Federation. The Federation, representing the insurance industry and working closely with the Central Bank of Ireland, in seeking to promote a fair and open, consumer-driven market, has agreed a minimum set of standards for member companies’ dealings with their customers resident in the Republic of Ireland Your policy is administered by Occipital Limited (trading as Interaction).
  • Barring phones/data devices– The Company reserves the right to permanently bar any or all mobile phone handsets or data devices that have been lost, stolen or damaged (but cannot be economically repaired) in respect of which a claim has been approved.
  • Salvage– The Company will be entitled to take and keep possession of damaged or recovered Insured Equipment and to deal with the salvage in a reasonable manner.
  • Subrogation– The Company may at its own expense take such proceedings as it thinks fit in Your name in relation to the Insured Equipment and in such circumstances You shall give such assistance to the Company as the Company shall reasonably require.
  • Fraud– If any claim or application made in relation to this insurance is fraudulent in any respect; or, if You purposely caused or connived to cause the loss, theft or damage to the Insured Equipment, all benefits detailed in these Terms and Conditions shall be forfeited and there will be no return of Premium.
  • Cancellation– You or the insurer may cancel this policy by giving 30 days notice to each other. You need to contact Vodafone on 1907 from a Vodafone mobile or 1800 22 55 88 from any other phone or write to Vodafone Administration, The Ramparts, Dundalk, Co. Louth. We won’t refund the premium for the period the policy was valid prior to such a cancellation. You also have a right to cancel this policy, which extends for 14 days from the later of:
    1. the day you are informed that the policy has commenced; and
    2. the day on which you receive the full terms and conditions of the policy.
    On receipt of the notice you will receive a refund of any premiums already paid unless the insurer has already been notified of a claim
  • Changes to the insurance– The Company, by giving You 30 days notice in writing during the Period of Insurance, may alter the Premium and/or the Terms and Conditions of this insurance with effect from the end of the notice period. On receipt of such notice, You may, at any time within the 30 day notice period, by notice in writing to the Company, cancel the insurance with immediate effect. If You change Your Insured Equipment and, as a consequence a different Premium becomes payable in respect of the Insured Equipment, the new Premium will be charged from the date of the change. If you do not want to pay the new Premium You may, at the time of the change, by notice in writing to the Company, cancel the insurance with immediate effect.
  • Transfer of insurance– The Company reserves the right to transfer its obligations under this insurance to any other reputable insurance company which the Company may determine.
  • Complaints– The Company is dedicated to providing a high quality service and wants to maintain this at all times. If you are not satisfied with this service, please call immediately Vodafone Claims Management on 1850 92 77 11 or write to them at: Vodafone Claims Management, PO Box 10329, Dublin 2. The Administrator will try to resolve your concerns within 24 hours. If this is not possible, they will acknowledge your complaint within 5 working days of receipt and provide a response within 4 weeks. If you are still not satisfied, contact ACE ACE can be reached by calling 01-4401700, by fax on 01-440 1701 or in writing at: The Complaints Manager, Vodafone Stay Mobile Handset Insurance, ACE European Group Limited, 5 George’s Dock, International Financial Services Centre, Dublin 1. The FSOB website is www.financialombudsman.ie
  • Law and Jurisdiction– Current legislation allows the parties to this contract to choose which law is used to interpret this Policy. You and ACE agree that:
    1. this Policy will be governed and interpreted in accordance with the Law of Ireland and only the Irish Courts will have jurisdiction in any dispute; and
    2. communication of and in connection with this Policy shall be in the English language.
  • Data Protection - ACE fully accepts its responsibility to protect the privacy of customers and the confidentiality and security of information entrusted to them. The information you provided when you took out your Policy, together with other information you provide at any later date, will be used by ACE and its group companies to help them meet your needs, including: supplying you with products and services you have requested, initially or at any later date; supplying you with information about additional products and services; and improving their products, their services, and the operations of their website. ACE may disclose your information to their service providers and agents for these purposes, as well as any agents you have appointed to act on your behalf. It may also be used for the purpose of fraud prevention, including passing details to other insurers and regulatory bodies.ACE may share information with a third party claims administrator to process and administer your claim. Where you have provided information about another person in connection with the purchase and performance of this Policy, you confirm that they have appointed you to act for them, that they have consented to the processing of their personal data, including sensitive personal data, and that they have consented to the transfer of their information abroad. You also agree to receive on their behalf any data protection notices from ACE. ACE may, if you have given them permission, contact you by post, telephone or email to let you know about goods, services or promotions that may be of interest to you and/or to share your information with organisations that are ACE’s business partners. You have the right to withdraw your consent at any time and have your details removed from future marketing programmes. It will help ACE if you provide your full name, postal address, and Insurance Policy. Please allow 40 days if you wish to have your name removed from marketing programmes for your request to become effective. To do this, please phone 1800 24 24 67 or +353 (0)1 440 1766, or write to: The Customer Service Manager, ACE European Group Limited, 5 George’s Dock, International Financial Services Centre, Dublin 1. ACE may monitor and/or record your communication with them, either themselves or using reputable organisations selected by ACE, to ensure consistent servicing levels and account operation. It may be necessary for you to provide additional information including sensitive personal data in order for ACE to assess and pay any claims. ACE may only obtain this information, or ask third parties to obtain this information, with your express prior consent. By submitting a claim you are expressly consenting to ACE obtaining and using such information to enable ACE to assess and pay such claim. ACE will not disclose any claim details to any other third party without written permission from the policyholder and/or claimant. ACE will keep information about you only for so long as is appropriate. If you ask, ACE will, in accordance with your subject access rights, tell you what information it holds about you and provide it to you in accordance with applicable law. Any information which is found to be incorrect will be corrected promptly.
  • General– All monies which become payable by the Company under this insurance shall, in accordance with Section 93 of the Insurance Act 1936 be paid in the Republic of Ireland. Stamp Duty has been or will be paid in accordance with current legislation. This insurance is underwritten by ACE European Group Ltd, Ireland Branch, whose main business is general insurance. ACE is registered in England, No 1112892, 100 Leadenhall St, London, EC3A 3BP; FSA registration FRN202803. It has appointed Vodafone as administration agents, and both may use the resources of and assign obligations to other companies. ACE is a member of the Irish Insurance Federation. The Federation, representing the insurance industry and working closely with the Financial Regulator, in seeking to promote a fair and open, consumer-driven market, has agreed a minimum set of standards for member companies’ dealings with their customers resident in the Republic of Ireland. Your policy is administered by Occipital Ltd (trading as Interaction) and is regulated by the Central Bank of Ireland. ACE and Occipital’s conduct of insurance business in Ireland is regulated by the Financial Regulator. ACE is a member of the Irish Insurance Federation, which represents the insurance industry. The Federation, working closely with the Financial Regulator and in seeking to promote a fair, open and consumer-driven market, has agreed a minimum set of standards for member companies’ dealings with customers resident in the Republic of Ireland.
  • Vodafone Stay Mobile Extra Insurance Terms & Conditions

    Benefits

    ACE European Group Limited (‘The Company’) will at its discretion and in return for your continued payment of the monthly Premium, reimburse You for the cost of repair or replacement of your Insured Equipment to an equivalent specification, which may be by way of a refurbished mobile where your mobile has been damaged , lost or stolen during the Period of Insurance subject to the following definitions, exclusions and conditions.

    Definitions

    1. "the Company" means ACE European Group Limited, Ireland Branch(“ACE”), of 5 George’s Dock, International Financial Services Centre, Dublin 1
    2. "the Premium" means the amount payable by You for this insurance.
    3. “You” or "Your” and words derived there from means a Vodafone Ireland Limited ("Vodafone") subscriber (or a nominated user of the subscriber who has been notified to Vodafone) whose application for insurance is accepted by the Company and who pays and continues to pay the Premium.
    4. "the Insured Equipment" means Your mobile phone handset or data device as listed as insured by You in Vodafone’s records (and a standard home charger, battery and SIM card therefore.) An upgraded mobile phone handset or data device obtained through Vodafone’s upgrade programme will automatically become the Insured Equipment (in place of Your prior handset or data device) unless You advise the Company to the contrary.
    5. “Public place" means libraries parks, restaurants, shops public houses nightclubs and similar places open to the public including taxis, public transport, private clubs, sports clubs and gyms
    6. "Period of Insurance" means the period between the Company’s acceptance of Your application for insurance and the termination of the insurance. Period of insurance refers to one calendar month with a minimum initial duration of three months and your policy will automatically renew on a monthly basis for up to fifty-nine (59) months provided you pay the required premium or unless the policy is cancelled within the terms of Clause 9 Cancellation below.
    7. “Accidental Damage or Damage” means accidental physical breakage, destruction or failure of your covered product(s) due to an unforeseen event which causes physical damage to the covered product(s) and that prevents it from operating correctly.
    8. “Loss or Lost“ means where the Insured Equipment has been accidentally left by you in a location and you are permanently deprived of its use.
    9. “Theft or Stolen” means the taking of Your Insured Equipment by persons known or unknown with the intention of unlawfully and permanently depriving You of possession of Your Insured Equipment.
    10. “Unattended” means when you do not have full view of your property or where you are not in a position to prevent the unauthorised taking of the Insured Equipment, unless it is left in a locked room or a locked safety deposit facility.

    Exclusions

    This insurance does not cover the following:

    • Loss, Theft or Damage caused by Your wilful misconduct.
    • Mechanical or electrical breakdown or derangement unless caused by accidental external means
    • Loss, Damage or Theft of the Insured Equipment where the Loss, Damage or Theft occurred within the first 30 days of the Period of Insurance unless the Period of Insurance started when purchasing the mobile phone handset.
    • Damage covered by the manufacturers’ warranty and damage caused by inherent manufacturing or design faults.
    • Damage to, or malfunction of, the Insured Equipment caused by, or attributed to, the operation of a software virus or any other software based malfunction.
    • Theft of the Insured Equipment whilst left in an unattended motor vehicle unless the vehicle is locked, all protections are in operation and the Theft is from a locked boot or closed compartment.
    • Theft of the Insured Equipment whilst left unattended by You in any property, place or premises unless there is evidence of forcible and violent entry/exit.
    • Loss where the Insured Equipment is left unattended or left behind by the Insured Customer at any property, Public place or premises to which the public has access;
    • Loss, Theft or Damage if at the time of the Loss, Theft or Damage the Insured Equipment is not in Your possession or is not being used by You.
    • Damage resulting from ordinary wear and tear.
    • Damage or Loss caused by leaving the Insured Equipment on the roof, bonnet, boot or any exterior part of a motorised vehicle.
    • Consequential loss of any kind.
    • For loss of use or reconnection costs or subscription fees of any kind, any expense incurred as a result of not being able to use the mobile, any unauthorised call use from your mobile phone or any loss other than the repair or replacement costs of the mobile.
    • Loss or Damage resulting or arising directly or indirectly from:
      1. ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
      2. the radioactive, toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
    • Loss or Damage from pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.
    • Any consequence of war invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, riot, civil commotion, rebellion, revolution, insurrection, military or usurped power, delay, confiscation, or detention by Customs or other Officials or Authorities.
    • Insured Equipment for which a claim has previously been made except for Insured Equipment which has previously been repaired under the provisions of clause 3 of Conditions.
    • Claims for Theft or Loss without a Garda PULSE Number or local police authority crime reference number or certificate which can substantiate the Theft or Loss.

     

    Conditions

    1. Precautions - You shall take all reasonable precautions to ensure the safety of the Insured Equipment. No claim shall be agreed where there has been a failure in this regard.
    2. Claims - In the event of any Loss, Theft or Damage to the Insured Equipment You must:
      1. notify Vodafone immediately so that the phone or data device may be barred or disconnected.
      2. within 7 days of the Loss, Theft or Damage, notify the administrator together with any further details required to substantiate the claim. You can notify Vodafone Claims online at www.staymobile.ie , by phone at 1850 92 77 11, by fax to 01 696 1027 or by post to Vodafone Claims, P O Box 10329 Dublin 2.
      3. in the event of Theft or Loss, You must notify the Garda Siochana or local police authority within 48 hours and take all steps to recover the Insured Equipment and co-operate with the investigations and enquiries of the Gardai Siochana or local police authority.
      4. You may make no more than 2 claims on this or any previous Vodafone Stay Mobile Essential, Vodafone Stay Mobile, Vodafone Stay Mobile Plus or Vodafone Stay Mobile Extra insurance policy for the same mobile telephone number over a continuous 12 month period.
    3. The Company will use its best endeavours to process all claims quickly however, neither the Company nor Vodafone shall be liable for any delays incurred in the processing of claims, or the delivery, replacement or repair of Insured Equipment.
      Conditions precedent to liability for the Company to pay a claim under this policy: That when any event occurs which gives rise to a claim under this policy the Insured Equipment must be repaired or replaced by the Company or an authorised repairer nominated by the Company. If you don’t do this, any liability of the Company that would have arisen as a result of such Loss shall be forfeited; Your mobile is equipped with your Vodafone authorised SIM and is connected to the Vodafone network at the time of the incident or event giving rise to such claim. To pay a claim under this policy, the Premium payable by you has been paid by You up to the incident date of the claim.
    4. The Basis for Settlement of Claims– If the Insured Equipment which has been damaged, and can in the opinion of the Company, be economically repaired, the Company will be responsible for repair and delivery costs only.
    5. If the Insured Equipment has been lost, stolen or damaged (but cannot be economically repaired), the Company will, insofar as is possible, provide a like-for-like replacement. However, should such replacement not be available, You will be provided with similar equipment which may be by way of a refurbished unit based on the capabilities of the Insured Equipment and the Company reserves the right to specify the replacement equipment. In the event that such Insured Equipment is unavailable and should You wish to select replacement Insured Equipment that is deemed to be an upgrade in specification and value, We reserve the right to charge You the value of any betterment before settling Your Claim. This betterment value will be the net financial improvement in Your position as a result of Us providing You with replacement Insured Equipment with a greater value than the available models of similar specification and value that were initially offered to You. You must have the damaged Insured Equipment available for collection at the time that a replacement unit is being delivered. Failure to do so will result in the replacement unit not being given to You. You will also incur delivery costs if You are not at the delivery address as arranged.
    6. Limits - This policy is subject to the following limits:
      • You may make no more than two claims in any 12-month period.
      • There shall be an excess charge payable by You for all successful claims. The amount of the excess charge depends on the cost of the replacement or repair of the Insured Equipment in respect of which a claim is made.
      • Where the cost to the Company of the replacement of the Insured Equipment (available on request from the Company) including fulfilment and delivery costs is less than €1,000 at the time of the claim, then the excess charge shall be €65.00 for the first successful claim and €125.00 for any subsequent successful claim made within 12 months.
      • Where the cost to the Company of the replacement of the Insured Equipment, including fulfilment and delivery costs is €1,000 or more at the time of the claim, then the excess charge payable for each and every successful claim will be €150.00.
      • Where the Insured Equipment is repaired the excess charge shall be €65.00.
    7. Barring phones - The Company reserves the right to permanently bar any or all mobile phone handsets or data devices that have been lost, stolen or damaged (but cannot be economically repaired) in respect of which a claim has been approved.
    8. Salvage - The Company will be entitled to take and keep possession of damaged or recovered Insured Equipment and to deal with the salvage in a reasonable manner.
    9. Subrogation - The Company may at its own expense take such proceedings as it thinks fit in Your name in relation to the Insured Equipment and in such circumstances You shall give such assistance to the Company as the Company shall reasonably require.
    10. Fraud -
      1. If you ( or anyone acting for you) make a claim under this policy knowing the claim to be false or fraudulently exaggerated in any respect or make a statement in support of a claim knowing the statement to be false in any respect or submit a document in support of a claim knowing the document to be forged or false in any respect or make a claim in respect of any Theft, Loss or Damage caused by your wilful act or with the intent to defraud the insurer, Then your claim will be declined and your policy will be cancelled without notice with no refund of premium;
      2. The Insurer may be entitled to recover from you the cost of any claim already paid under this policy (if necessary the cost may be recovered through the instigation of court proceedings). We may also be entitled to recover from you the cost of any investigation into a fraudulent claim under this policy (if necessary the cost may be recovered through the instigation of court proceedings) and;
      3. The Insurer may inform the Garda Siochana, Government or regulatory bodies of the circumstances. Details of fraudulent claims will be put on a register of claims through which insurers share information to prevent fraudulent claims. A list of participants names and addresses are available on request.
    11. Cancellation - You or the insurer may cancel this policy by giving 30 days’ notice to each other. You need to contact Vodafone on 1907 from a Vodafone mobile or 1800 22 55 88 from any other phone or write to the administrator at Vodafone Claims Management, P O Box 10329 Dublin 2. We won’t refund the premium for the period the policy was valid prior to such a cancellation. You also have a right to cancel this policy, which extends for 14 days from the later of:
      1. The day you are informed that the policy has commenced and;
      2. The day on which you receive the full terms and conditions of the policy. On receipt of the notice you will receive a refund of any premiums already paid unless the insurer has already been notified of a claim.
    12. Changes to the insurance - The Company, by giving You 30 days notice in writing during the Period of Insurance, may alter the Premium and/or the Terms and Conditions of this insurance with effect from the end of the notice period. On receipt of such notice, You may, at any time within the 30 day notice period, by notice in writing to the Company, cancel the insurance with immediate effect. If You change Your Insured Equipment and, as a consequence a different Premium becomes payable in respect of the Insured Equipment, the new Premium will be charged from the date of the change. If you do not want to pay the new Premium You may, at the time of the change, by notice in writing to the Company, cancel the insurance with immediate effect.
    13. Transfer of insurance - The Company reserves the right to transfer its obligations under this insurance to any other reputable insurance company which the Company may determine.
    14. Complaints - The Company is dedicated to providing a high quality service and wants to maintain this at all times. If you are not satisfied with this service, please call immediately Vodafone Claims Management on 1850 92 77 11 or write to them at: Vodafone Claims Management, PO Box 10329, Dublin 2. The Administrator will try to resolve your concerns within 24 hours. If this is not possible, they will acknowledge your complaint within 5 working days of receipt and provide a response within 4 weeks. If you are still not satisfied, contact ACE. ACE can be reached by calling 01-4401700, by fax on 01-440 1701 or in writing at: The Complaints Manager, Vodafone Stay Mobile Handset Insurance, ACE European Group Limited, 5 George’s Dock, International Financial Services Centre, Dublin 1. The existence of these complaints procedures does not reduce your statutory rights in relation to this Policy. If you are not satisfied with ACE’s final response, you can ask the Financial Services Ombudsman to review your case. The FSO can be contacted by calling 01-662 0899, by fax on 01-662 0890 or in writing at: Financial Services Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. The FSO website is www. financialombudsman.ie.
    15. Law - Current legislation allows the parties to this contract to choose which law is used to interpret this Policy. You and ACE agree that:
      1. this Policy will be governed and interpreted in accordance with the Law of Ireland and only the Irish Courts will have jurisdiction in any dispute; and
      2. communication of and in connection with this Policy shall be in the English language
    16. Data Protection - ACE fully accepts its responsibility to protect the privacy of customers and the confidentiality and security of information entrusted to them. The information you provided when you took out your Policy, together with other information you provide at any later date, will be used by ACE and its group companies to help them meet your needs, including: supplying you with products and services you have requested, initially or at any later date; supplying you with information about additional products and services; and improving their products, their services, and the operations of their website. ACE may disclose your information to their service providers and agents for these purposes, as well as any agents you have appointed to act on your behalf. It may also be used for the purpose of fraud prevention, including passing details to other insurers and regulatory bodies. ACE may share information with a third party claims administrator to process and administer your claim. Where you have provided information about another person in connection with the purchase and performance of this Policy, you confirm that they have appointed you to act for them, that they have consented to the processing of their personal data, including sensitive personal data, and that they have consented to the transfer of their information abroad. You also agree to receive on their behalf any data protection notices from ACE. ACE may, if you have given them permission, contact you by post, telephone or email to let you know about goods, services or promotions that may be of interest to you and/or to share your information with organisations that are ACE’s business partners. You have the right to withdraw your consent at any time and have your details removed from future marketing programmes. It will help ACE if you provide your full name, postal address, and insurance Policy. Please allow 40 days if you wish to have your name removed from marketing programmes for your request to become effective. To do this, please phone 1800 24 24 67 or +353 (0)1 440 1766, or write to: The Customer Service Manager, ACE European Group Limited, 5 George’s Dock, International Financial Services Centre, Dublin 1. ACE may monitor and/or record your communication with them, either themselves or using reputable organisations selected by ACE, to ensure consistent servicing levels and account operation. It may be necessary for you to provide additional information including sensitive personal data in order for ACE to assess and pay any claims. ACE may only obtain this information, or ask third parties to obtain this information, with your express prior consent. By submitting a claim you are expressly consenting to ACE obtaining and using such information to enable ACE to assess and pay such claim. ACE will not disclose any claim details to any other third party without written permission from the policyholder and/or claimant. ACE will keep information about you only for so long as is appropriate. If you ask, ACE will, in accordance with your subject access rights, tell you what information it holds about you and provide it to you in accordance with applicable law. Any information which is found to be incorrect will be corrected promptly.
    17. General - All monies which become payable by the Company under this insurance shall, in accordance with Section 93 of the Insurance Act 1936 be paid in the Republic of Ireland. Stamp Duty has been or will be paid in accordance with current legislation.
    18. This insurance is underwritten by ACE European Group Ltd, Ireland Branch, whose main business is general insurance. ACE is authorised by the Financial Services Authority in the UK and is regulated by the Central Bank of Ireland for conduct of business rules. Registered Branch Office in Ireland is 5 Georges Dock, IFSC, Dublin 1. Registered No. 904967. ACE European Group Limited is registered in England, No 1112892, 100 Leadenhall St, London, EC3A 3BP; FSA registration FRN202803. It has appointed Vodafone as administration agents, and both may use the resources of and assign obligations to other companies. ACE is a member of the Irish Insurance Federation. The Federation, representing the insurance industry and working closely with the Central Bank of Ireland, in seeking to promote a fair and open, consumer-driven market, has agreed a minimum set of standards for member companies’ dealings with their customers resident in the Republic of Ireland. Your policy is administered by Occipital Limited (trading as Interaction). Eugene O’Brien Authorised Official For ACE European Group Limited V5102C00829 02/13

      Individual Text Add Ons - Terms and Conditions

    1. Customers can buy one Text Add On per month per user.
    2. The normal package rate will apply when the Add On is used - 10.74c ex VAT.
    3. Unused texts will not be carried over for one month.
    4. Customers can change their individual Add On from month to month. Any changes will be applied from the customers next bill day.

    Shared Text Add Ons - Terms and Conditions

    1. Each customer group can buy one shared Text Add On per month.
    2. Customers can not avail of both an individual Text Add On and a shared Text Add On.
    3. The normal text rate will apply when the Add On is used i.e. 10.74c ex VAT.
    4. Unused text will be carried over for one month.
    5. Customers can change their Add On from month to month. Any changes will be applied from the customers next bill day.

    Vodafone Mobile Connect Card/Data Services - Terms and Conditions

    THIS AGREEMENT is made the date set out on the Initial Order Form completed by the parties and is made between VODAFONE IRELAND LIMITED having its registered office at MountainView, Leopardstown Dublin 18 (hereinafter “Vodafone”) AND the party named in the Initial Order Form having its address/registered office/principal place of business at the address set out in the Initial Order Form (hereinafter “You”).

    IT IS AGREED AS FOLLOWS :

    General

    1. This document establishes the general terms and conditions applicable to Vodafone’s data products and services.
    2. You may choose to avail of any Product or various combinations of the Products from time to time by completing the relevant Order Form for the Product.
    3. Certain Products (e.g. EmailAnywhere, Vodafone Mail, Vodafone Business Email, BlackBerry® from Vodafone) may have additional terms and conditions applying to them (including third party license terms), please contact Vodafone or check www.vodafone.ie for details, You are strongly advised to read these in advance of using a Product, by using the Product You are confirming Your full acceptance of these additional terms and conditions.
    4. This agreement is independent of any other existing contract(s) that You may have with Vodafone for the provision of voice based mobile telephony services, it applies only to the Selected Products as identified in the Order Form(s).
    5. The terms and conditions set out in this agreement together with the Order Form(s) and any necessary Application Form constitute a legally binding contract between Vodafone and You.
    6. These terms and conditions shall commence on the date when Vodafone first connects You to a Selected Product (“the Commencement Date”).
    7. This agreement shall continue from the Commencement Date for so long as You avail of any Selected Product.
    8. This agreement shall terminate simultaneously with the termination of the last Selected Product used by You. You are expressly advised that the supply of the individual Selected Products may be subject to Minimum Periods.
    9. Vodafone may vary or change the agreement and/or the scope of the Selected Products for any commercial, technical or operational reason, changes shall be notified to You in advance.
    10. This agreement is personal to You and may not without the written consent of Vodafone be assigned, mortgaged, charged or disposed of nor may You sub-contract or delegate any of Your obligations or appoint any third party in respect of any of Your rights or obligations hereunder save and subject to terms explicitly stating otherwise herein. Vodafone may assign this Agreement and its rights and obligations hereunder without seeking or obtaining Your consent.

    Connection to Selected Products

    1. Connection and use of the Selected Products shall be conditional on:
    2. Your accurate completion of the Order Form(s) and Application Form(s) (where required) and the provision of such other reasonable information as Vodafone may request for any valid reason;
    3. Your Equipment meeting the technical requirements applicable to the Selected Product (the technical requirements are subject to change from time to time in keeping with industry and technological advancements);
    4. Your notifying Vodafone in advance of any planned changes to Your IT infrastructure or internet connectivity likely to affect the Selected Products (dependent on the changes You propose to make Vodafone may not be able to ensure continuation of the Selected Products);
    5. Your timely payment of all Charges.
    6. Vodafone shall endeavour to connect You to the Selected Product as soon as is possible after accepting Your fully completed Order Form however any anticipated or scheduled connection dates given by Vodafone are indicative only and cannot be taken as absolute.
    7. The quality and the availability of the Selected Products over the Vodafone Network and otherwise (e.g. internet (ISP) connectivity) is subject to the same limitations that:
    8. mobile telephony services are subject (as described below); and/or
    9. fixed telephony and internet services are subject (as may be described in any separate agreement You have with third parties for the supply of such fixed telephony or internet services).

    Products

    1. Vodafone shall during the course of the Term provide You with the Selected Products. The Selected Products shall be made available to You upon the terms of this agreement and any applicable additional terms and conditions for the particular Product.
    2. Vodafone’s general mobile telecommunications network underlies the Selected Products. Vodafone shall during the Term of the Selected Product (where appropriate to the Selected Product) provide You with access to the Vodafone Network. The quality and the availability of the Vodafone Network is subject to certain limitations, including the proximity of base stations and circumstances beyond Vodafone’s reasonable control including, but not limited to, geographic and atmospheric conditions.
    3. Vodafone does not represent or warrant that the operation of any Selected Product, SIM Cards or the Vodafone Network will be uninterrupted, timely, secure or error-free or that it will meet any of Your specific requirements. In particular Vodafone does not represent or warrant that Data and/or SMS (whether over GSM, HSCSD, 3G, GPRS or WLAN) will not be dropped, Network connections will not be lost, transmission of Data and/or SMS shall occur at any particular speed or that all traffic can or will be transmitted by the Network.
    4. Vodafone does not accept responsibility for the security of connections over any technology. In particular Vodafone does not accept responsibility for the security of connections to the Selected Products, of internet connections or of Your Equipment. You use any data or network connection at Your own risk and You are solely responsible for adopting such appropriate security measures against unauthorised access to and interference with Your Equipment, associated software, hardware and data (whether transmitted or received by You) as You deem necessary. The availability of connection to the Selected Products may depend on Your Equipment, Vodafone makes no representation or warranty in respect of the suitability or quality of Your Equipment.
    5. You acknowledge that certain Selected Products or some functionality of Selected Products (e.g. accessing Vodafone Mail/ EmailAnywhere over the internet) may not be available to You in the event that You are denied access or are unable to access Your Equipment and/or the internet. Vodafone shall not be responsible for Your inability to use the Selected Products in these circumstances. You acknowledge that access to certain Selected Products is dependent on the connectivity of Your Equipment to either the internet or the Vodafone Network and that this connectivity is dependent on factors outside of Vodafone’s control.
    6. Vodafone may modify or suspend a Selected Product wholly or partially, with or without notice, if such action is deemed necessary by Vodafone (e.g. for maintenance, security or other valid reasons) or if Vodafone is requested to do so by an authorised authority. All reasonable efforts shall be made to minimise such disruptions to the Selected Product. You shall remain liable for any Charges incurred during any such disruptions unless Vodafone agrees otherwise.
    7. Vodafone reserves the right, without prejudice to any other provisions of this Agreement, to issue such reasonable instructions concerning the use of the Selected Products as may be necessary in the interests of: safety, quality of service, other customers or telecommunications services as a whole or for any other valid reason that Vodafone reasonably deems appropriate.
    8. In order to connect to new Selected Products, You (or for corporate/business customers, Your authorised personnel (i.e. Account Contacts)) shall be required to complete the appropriate Vodafone Order Form and, where applicable, the relevant Application Form. Each Selected Product may have an applicable minimum contractual term i.e. a Minimum Period.
    9. You are solely responsible for the installation of the Licensed Materials, the configuration of Your Equipment and Your internet connectivity, Vodafone will not be liable for anything pertaining to these matters.
    10. Vodafone may maintain a list of recommended system integrators, should You wish to avail of their services, Your contractual arrangements (if any) between You and these parties will be a matter solely for You and them, Vodafone makes no representation or warranty in this regard and Vodafone will not be liable for any matters pertaining to the acts or omissions of these systems integrators.

    Account Administration – Business/Corporate Customers

    1. If you are dealing with Vodafone as a business or corporate customer You will be required to supply Vodafone with the identity of person(s) within Your organisation to be nominated as Your “Account Administrator” and Your “Account Contact”.
    2. Your Account Administrator will be Your sole point of contact with Vodafone for technical matters relating to the Selected Products, only the Account Administrator can contact the technical support line provided by Vodafone. You must agree the identity of Your Account Administrator with Your Vodafone account manager.
    3. Your Account Contact will be the principal point of contact with Your Vodafone account manager for non-technical issues.

    License(s)

    1. In order to use certain Selected Products You must enter into licence agreement(s) in respect of the Licensed Materials , certain of these Licensed Materials are owned by third parties. You must comply with the terms of any relevant Licence at all times. The terms of the relevant Licenses are available on request from Vodafone. By placing an Order Form for a Selected Product You confirm your acceptance of the applicable License provisions. It is a condition of Your signing this agreement that You have accepted the relevant License terms for the Selected Products as selected by You on the Initial Order Form.
    2. Upon first installation of the Licensed Materials (either by You or your sub-contractors, if applicable) You may be asked to re-confirm Your acceptance of the License by means of ‘click wrap’ or ‘web wrap’ license, You may at that stage be offered the opportunity to reject the License however by signing this agreement or completing an Order Form You accept that you are accepting the relevant License terms and any ‘Click Wrap’ or ‘Web Wrap’ offer to reject to License at that stage is null and void and over-ridden by Your signing of this agreement or Your subsequent submission of a completed Order Form for the Selected Product.
    3. The Licensed Materials must be installed at a location within the Territory. You shall advise Vodafone of the location of the installation upon request. If installation is required outside of the Territory You must obtain Vodafone’s prior written consent to such installation.
    4. You acknowledge and agree that the Licensed Materials and all copyrights, trademarks and other intellectual property rights in the Licensed Materials are the exclusive property of Vodafone or Vodafone’s third party licensors and You shall not do or permit anything to be done to infringe or violate such property rights or title. You shall notify Vodafone immediately if You become aware of any unauthorised use of the whole or any part of the Licensed Materials.
    5. Upon installation, the Licensed Materials shall provide Your Users with basic Selected Product functionality. No installation, configuration or systems integration services or training are provided under this agreement.

    Use of Service & Users

    1. You may only use the Selected Products for up to and including the number of Users accepted by Vodafone and for whom You discharge the Charges. Details of proposed users including name, mobile number (MSISDN) and device details must be submitted to Vodafone. Only Users may use the Selected Products. If Your usage of the Selected Products exceeds the permitted number of Users, Vodafone may, at its sole discretion invoice You at its standard rates for all users exceeding Your User limit, alternatively Vodafone may suspend, restrict or terminate Your access to the Selected Product immediately. Vodafone reserves the right to conduct remote audits of Your usage of the Selected Products, by agreeing to this agreement You hereby expressly consent to same.
    2. Certain hardware (including but not limited to Your Equipment) is necessary for You to be able to use the Selected Products (e.g. data cards, mobile handsets, PDAs, laptop computers, etc). It is Your responsibility to obtain, install and maintain any such hardware and to ensure that it is technically compatible to use with Your Equipment and the Selected Products.

    Content

    1. Vodafone shall not be responsible or liable for any content of messages sent or received by You (including content which contains a virus or other harmful or unlawful material). Vodafone makes no representation and gives no warranty as to the quality, accuracy, correctness, completeness or suitability of any content transmitted over the Vodafone Network. Your reliance on or use of content is at Your sole risk. Recipients of certain content (in particular, multi-media messages) from You may only be able to fully access it if the receiving Equipment has the necessary functionality.
    2. You acknowledge and accept that content may be protected by copyright, trademark or other intellectual property rights. You accept and agree that Your content may be manipulated, distorted, adapted, modified, stored or forwarded by those who receive it without restriction on wireless networks and the internet. Vodafone shall not be responsible or liable for such acts. You agree not to manipulate, distort, adapt, modify or forward any content without the prior consent of the holder of the rights in such content. You waive any right to be identified as the author of content and the right not to have content subject to derogatory treatment by others.
    3. You may, depending on the functionality of Your Equipment and the Products selected by You, be able to store content in storage libraries hosted by Vodafone. Storage libraries may be password protected, in which case the provision relating to account security set out below shall also apply to such libraries. You shall be solely responsible for and shall notify Vodafone immediately of any unauthorised use of storage libraries. Storage libraries may have a limited capacity and Vodafone reserves the right to charge for storage capacity. Vodafone shall not be responsible for any loss or corruption of content in storage libraries. Vodafone does not monitor storage libraries on an ongoing basis but it may be required to suspend access to or remove content from storage libraries for legal reasons. There may be a charge for uploading or downloading content to and from storage libraries hosted by Vodafone or other third parties, which shall be based on the volume of such content and/or the airtime transmission. Vodafone shall be entitled to delete the contents of storage libraries after the termination of this agreement or if the storage library has not been accessed for a period of 6 months.
    4. You may be advised of certain restrictions relating to the storage, manipulation and forwarding of certain content and You shall be responsible and liable for any failure to comply with such restrictions.

    Change of Users

    1. A new Order Form must be submitted to Vodafone for any additional Users or Products, Vodafone reserves the right to accept or reject any Order Form submitted. Subject to Vodafone’s discretion to accept or reject new Users, on termination of a User’s account You may substitute a new User for the User terminated.

    Account Security

    1. Before using certain Selected Products for the first time You will be required to register with Vodafone. You must immediately inform Vodafone of any changes to the information supplied by You to Vodafone during registration. If Your underlying access to the Vodafone Network is terminated or suspended for any reason You will no longer be entitled to use the Selected Product.
    2. You and Your Users are entirely responsible for maintaining the integrity and security of any accounts granted to You for use with a Selected Product. When You register for a Selected Product You will be supplied with a login password. You and Your Users must change login password on first login.
    3. You must take all necessary steps to ensure Your password(s) is kept confidential, used properly and not disclosed to other persons. You agree to notify Vodafone immediately if Your password has or is likely to become known to person(s) not authorised to use it or is being or is likely to be used in an unauthorised manner. You are advised to change Your password regularly.
    4. If You forget or lose Your password, You should contact Vodafone and satisfy such security measures as Vodafone may require before Your password will be re-issued or a new password assigned. Vodafone reserves the right at its absolute discretion to require You to change any password used by You in connection with a Selected Product. The requirements relating to passwords above will also apply in respect of PINs if the option of using PINs is available to You and Your Users.

    Customer Obligations

    1. You are responsible for the acts and omissions of all Users using the Products(s).
    2. Without prejudice to any other provision of this agreement, You agree that neither You nor any User of a Selected Product shall:
    3. use or permit the use of the Equipment or the Selected Products for any improper, indecent, obscene, unlawful, harmful, unauthorised or fraudulent purpose or to cause any injury, offence or annoyance to any person or to send unsolicited commercial messages (spam) to any person;
    4. use or permit the use of the Equipment or the Selected Products so as to cause the operation of the Vodafone Network or the quality of the Selected Products to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system;
    5. incite, encourage or induce members of the public to call or transmit data to a particular number, address or destination simultaneously where this may adversely affect the Selected Products, the Vodafone Network or any telecommunications or IT network or system;
    6. use the access to the Vodafone Network provided as part of the Selected Products for any purpose other than the transmission of Data and/or SMS;
    7. use the SIM Cards provided under this Agreement for any purpose other than availing of the Selected Products and in particular You shall not use the SIM Cards in any manner to provide services similar to those described herein to a third party or for the routing of any third party call traffic.
    8. Without prejudice to any provision of this agreement, You further agree to:
    9. comply with all laws, regulations and user guides governing use of the Selected Products and to remain solely responsible for the manner in which the Selected Products are used;
    10. comply with all reasonable instructions or requests of Vodafone or an authorised authority, in particular as to the manner of using the Selected Product and in relation to the investigation of any offences;
    11. be solely responsible for all acts and omissions of all persons, authorised or unauthorised, who may use the Selected Products and SIM Cards;
    12. only use Vodafone approved Data Devices;
    13. promptly notify Vodafone of any change of address or required cessation of a Selected Products;
    14. immediately inform Vodafone if any Vodafone owned Equipment is lost, stolen or damaged;
    15. immediately inform Vodafone if You become aware of any unauthorised use of any Selected Product or SIM Card;
    16. take all reasonable steps to prevent tampering with the SIM Cards;

    Charges

    1. Subject to Clauses 47 to 49 (inclusive) You will be entitled to avail of the Rates for the Selected Products. For consumer/personal customers Vodafone shall normally offer a range of tariff plans, Vodafone may from time to time vary the Rates (and applicable tariff rules), Vodafone reserves the right to cease offering and/or replace tariff plans and existing tariff plans may not always be available. You are strongly advised to read and familiarise yourself with the Rates and any tariff rules applicable thereto before completing this agreement or any Order From for Products.
    2. It is a condition of the application of the Rates to calls made in connection with a Selected Product that:
    3. the User of the Selected Product is either You or Your employee;
    4. the data transmitted in the call is transmitted from Equipment owned by You, is not transmitted from any form of central server and the origination and termination of the call is directly and solely within Your control or the control of Your User;
    5. the data content of the call is directly originated by You or your User;
    6. the call is not originated by an Unauthorised Device.
    7. In the event that:
    8. call traffic not related to a Selected Product is generated on a SIM Card supplied for that Selected Product; or
    9. the User of a Selected Product is not You, Your authorised User; or
    10. the use is not in compliance with Clauses 47 (a) to (d); then Vodafone’s highest published retail rates will apply to such call traffic and You are expressly advised that these rates may be applied retrospectively in respect of any invoice previously issued where misuse of the Selected Product is subsequently discovered.
    11. You are expressly advised that the SIM Cards and Rates have been provided strictly for the Selected Products.
    12. Vodafone may from time to time require You to confirm that all use of the Selected Products is in compliance with clauses 47, 48, and 49, failure to provide such confirmation will entitle Vodafone at it sole discretion to suspend or terminate this agreement.

    Fulfilment – Business/Corporate Customers

    1. Business or corporate requirements for Equipment (if required by You) may be fulfilled either by Direct Fulfilment or Retail Fulfilment.
    2. If You have selected Retail Fulfilment You will be obliged to sign a standard Vodafone “Business Application Form” (“the Form”) each time You want to acquire Equipment and/or Selected Products from Your chosen Vodafone retail agent. The Forms state that the application is subject to the terms and conditions appearing on the reverse side of the Form, You expressly agree that the Form is to be used solely as an application and processing device (for Vodafone information and sales processing purposes) and that the terms and conditions appearing thereon are expressly excluded and that for each Retail Fulfilment application for Equipment and/or Selected Products made by You, that the terms and conditions set out herein shall apply.

    Roaming

    1. You may use certain Selected Products whilst located outside the Territory, however access to local networks shall depend upon the arrangements between local operators and Vodafone. Special charges shall apply to all call traffic in connection with use of a Selected Product outside the Territory. Please refer to Vodafone’s current tariff rules for details, contact Vodafone for details or if You are a business/corporate customer, ask Your account manager.

    Support

    1. Vodafone will provide limited technical support in the form of an advice line for the Selected Products. For business/corporate customers this support team may only be accessed directly by Your nominated Account Administrator.

    Risk and Title

    1. All risk in any Vodafone owned Equipment supplied to You shall be borne by You from the time You are supplied with same until such time as You safely return the Equipment to Vodafone’s possession (and safe receipt is confirmed by Vodafone).
    2. Title to such Equipment as is the property of Vodafone shall at no time pass to You and You shall ensure that all Equipment in Your possession that is the property of Vodafone is clearly marked as being the property of Vodafone. Without prejudice to the generality of the foregoing You shall not attach any asset identification tag or similar marking device to any Equipment that is the property of Vodafone.

    Billing

    1. You shall be liable for all Charges incurred through the use of the Selected Products calculated according to the Rates and for all costs incurred in enforcing this agreement including administrative costs and the cost of collecting any payments. If Vodafone Equipment or SIM Cards are lost or stolen, You shall remain liable for all Charges incurred until Vodafone is so informed.
    2. You acknowledge that the Charges may incorporate any or all of the following depending on the Selected Products chosen by You:
    3. rental or purchase charges for Data Devices;
    4. recurring monthly “line rental” charges for connection to the Vodafone Network;
    5. call charges for all Data and/or SMS traffic transmitted over the Vodafone Network;
    6. recurring or once off Service Charges;
    7. charges applied pursuant to clause 48.
    8. Please note that calls over certain technologies (e.g. GPRS) are charged on the basis of the volume of data sent and received by Your Equipment over the Vodafone Network. Vodafone’s determination of the volume of data shall be conclusive. Minimum charges based on set minimum volumes per transmission or GPRS connection to the Network apply.
    9. All invoices shall be sent to Your billing address as set out in the Order Form (or as otherwise agreed with Vodafone) and shall be deemed received 48 hours after the date of posting. VAT at the appropriate rate shall be added to all invoices unless otherwise specified. Vodafone may for operational reasons change its invoicing methods and periods and issue interim invoices.
    10. All Charges and other payments must be paid by the Due Date.
    11. Where payment of Charges is not made by such Due Date, Vodafone may apply interest on sums due at the rate of 2% above the then prevailing base rate of Allied Irish Bank Plc from the Due Date until the date of payment, the Parties expressly acknowledge and agree that this clause 62 is in substitution of and in place of any statutory entitlement to interest on late payments.
    12. You may also be liable for all traffic charges incurred through the use of the Selected Products on non-Vodafone networks (e.g. Your ISP or fixed line service provider may levy charges for internet access).
    13. The functionality of the Selected Products may be upgraded from time to time, depending on the nature of the upgrade there may be additional charges payable to Vodafone to avail of such enhanced functionality.

    Suspension and Termination

    1. Vodafone may, without notice, suspend any or all Selected Products where:
    2. there is a failure to pay Vodafone any sums on the Due Date, notwithstanding the issue of any invoices thereafter; or
    3. Vodafone reasonably believes that You are unable or unwilling to comply with payment obligations, represent a credit risk or exceed any limit on Charges imposed by Vodafone or if Vodafone is unable to contact You following reasonable efforts; or
    4. You fail to observe any term or obligation set out herein (and in particular Your obligations referred to in Clauses 43 to 45 (inclusive)) or any relevant law; or
    5. You make changes to Your IT infrastructure or internet connectivity that affect the Selected Products to the extent that Vodafone is no longer able to ensure continuation of the Selected Products.
    6. During any period of suspension You shall remain liable for all Charges incurred unless Vodafone agrees otherwise. Vodafone reserves the right to decline to reconnect terminated services to the Vodafone Network and/or to levy a fee for any reconnection of suspended or terminated connections or to require revised payment terms (including security payments).
    7. Subject to Your payment of any applicable Cancellation Charges any individual Users subscription to a Selected Product may be terminated by either party by giving to the other at least twenty-eight (28) days written notice.
    8. Subject to Your payment of any Cancellation Charges this entire agreement may be terminated by either party giving to the other at least three (3) months written notice.
    9. Notwithstanding any other provision contained herein, Vodafone may terminate this Agreement with effect from the date set out in any notice sent to You or if the circumstances are deemed sufficiently serious by Vodafone forthwith and Vodafone may thereupon cease to provide the Selected Products to You where:
    10. there is a serious failure by You to observe or perform any term or obligation set out herein; or
    11. You fail to rectify a situation which has given rise to a suspension within 14 days of the suspension being imposed; or
    12. You supply any false, inaccurate or misleading information to Vodafone; or
    13. You are adjudicated bankrupt, become insolvent or make any composition or arrangement with or assignment for the benefit of creditors;
    14. any meeting of Your creditors is called pursuant to Section 266, Companies Act, 1963 or if You enter any liquidation or have a receiver of Your assets or a provisional liquidator appointed or should a petition for winding up be presented or advertised or a petition for the appointment of an examiner be presented.
    15. Where a notice of termination of this agreement is issued by either party hereto, all Charges will continue to accrue and be payable until the date of termination. Vodafone may issue You with an invoice subsequent to termination in the event that Charges become known to Vodafone after disconnection (e.g. roaming charges submitted to Vodafone after Vodafone’s “final” invoice has issued to You).
    16. Upon suspension or termination of this agreement, Vodafone shall disconnect all connections to the Vodafone Network. Upon the suspension or termination of a particular User’s subscription, Vodafone shall disconnect that particular connection only from the Vodafone Network.
    17. Where Vodafone exercises any of its powers under Clauses 65 to 71 (inclusive) such exercise shall not prejudice or affect the exercise of any other right or remedy which may be available to Vodafone.

    Reviews of Usage – Corporate Customers

    1. Corporate/Business Rates for some Products set are calculated by reference to Your number of connections to the Vodafone Network and Your usage (either estimated or actual) of the Product. For such Products Vodafone and You shall review number of connections and the usage on a quarterly basis. You agree that if the number of connections or Your usage increases or decreases over any quarter period the Rates shall be revised in accordance with Vodafone’s tariff plans.

    Confidentiality

    1. Each party shall at all times during the term of this agreement and after its termination keep all information received by it from the other party (the “Disclosing Party”) which is by its nature confidential or secret (“Confidential Information”) in a safe and secure place and shall not use that Confidential Information for any purpose other than the purpose for which it was disclosed to that party (“the Receiving Party) and shall not disclose such Confidential Information of the Disclosing Party to any third party otherwise than in accordance with this clause or with the prior written consent of the Disclosing Party. For the avoidance of doubt and without limitation the Rates shall be treated as Confidential Information. Subject to the foregoing, the Receiving Party may disclose Confidential Information in the following cases:
    2. where it is lawfully requested by any Governmental or regulatory authority or any other person entitled by law to have access to it, provided that the Disclosing Party shall be informed of such disclosure before it is made and afforded a reasonable opportunity to seek relief therefrom;
    3. or where such information is at the date hereof or hereafter becomes public knowledge through no fault or breach of this agreement by the Receiving Party.
    4. Nothing in this agreement shall prohibit or limit the right of Vodafone to share such Confidential Information with its parent company Vodafone Group Plc and other Vodafone group companies.

    Exclusion of Liability

    1. Insofar as it is permissible by law, Vodafone shall not be liable for any injury, loss or damage, whether foreseen or unforeseen, directly resulting from:
    2. any failure, interruption, delay, suspension or restriction in providing the Selected Products to You which is due to any act of God, government control restrictions or prohibitions, any other act or omission of any public or regulatory authority (whether local, national, international or supranational), an act of default of any supplier, agent or other person, strikes, work stoppages or labour disputes or any other cause whatsoever which is beyond the reasonable control of Vodafone;
    3. any unlawful or unauthorised use of or access to the Vodafone Network, Selected Products, Licensed Materials or Equipment by You or third parties;
    4. any claim arising out of any act or omission by You or Your Users, employees, servants or agents;
    5. any valid suspension of the Selected Products or termination of this agreement;
    6. any loss, theft or malfunction of any SIM Card or Equipment;
    7. any claim arising in relation to the provision (or non-provision), maintenance or use of telecommunications lines, channels, equipment, networks or services or arising out of calls being dropped or 3G or GPRS connections being lost for any reason;
    8. any claim arising out of or resulting from the quality of fitness for the purpose of, compliance with description of, or compliance with sample of any goods supplied to a Customer unless You “deal as a consumer” within the meaning of the Sale of Goods and Supply of Services Act, 1980.
    9. Vodafone will not be liable for any indirect or consequential loss or damage whatsoever, whether it is foreseen or unforeseen, including but not limited to loss of profits, data, revenue, business, anticipated savings or goodwill.
    10. Nothing herein shall have the effect of excluding or limiting the liability of Vodafone for death or personal injury resulting solely from its act or omission. Otherwise any liability of Vodafone for any claim or series of related claims arising in any one year to You pursuant to this agreement shall not exceed the greater of the total Charges paid by You per annum or €1,500.00.
    11. Vodafone shall exercise such reasonable skill and care in the provision of the Selected Product(s) as may be expected of a reasonably competent mobile telecommunications operator. Except as expressly provided in the agreement, all conditions, terms, warranties and representations whether express or implied by law in relation to the provision of the Selected Products are excluded to the fullest extent permitted by the applicable law.

    Your Information

    1. Your information, including traffic data (data relating to the conveyance of calls and the billing of such calls, including data relating to the routing, duration or time of calls, the location of equipment making or receiving calls, the network on which calls originate or terminate and the time of the beginning or end, or the duration of the connection to that telecommunications network) may be processed by Vodafone for its own business purposes. By entering into this Contract, You explicitly consent to the use of this 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. Personal information will be retained for a reasonable period of time in a secure environment in accordance with Vodafone’s privacy policies. Please note that calls to Vodafone customer care may be recorded for training and quality control purposes. Vodafone will find it necessary to disclose certain customer information to other licensed telecommunications operators and Vodafone's agents for the purposes providing its services and also to third parties (including credit bureaux and other telecommunications operators) for the purpose of credit referencing, fraud prevention, debt collection and insurance claims processing. Personal data is not otherwise disclosed to third parties, save where required or permitted by law. Vodafone or Vodafone agents may from time to time contact You by post, telephone, e-mail or text message regarding details of specific promotions or information on various Vodafone products or services. You hereby explicitly consent to such contact. If You do not wish to receive details of such promotions, You should contact Vodafone customer care.

    Miscellaneous Provisions

    1. This Agreement shall not be deemed to create any partnership, joint venture, agency or contract of employment between the parties. Neither party shall commit or endeavour or purport to commit the other to any legally binding obligation or agreement or hold itself out as being able so to commit the other without the specific consent in writing the other.
    2. You shall not without the prior consent of Vodafone employ sub-agents or sub-contractors to perform all or part of Your obligations hereunder. In the event that such consent is obtained, every act or omission of the sub-agent or sub-contractor shall for the purposes of this agreement be deemed to be an act or omission of Yours.
    3. Any notice of termination to be given shall be in writing and delivered or sent by ordinary post or by facsimile transmission to the addresses given in the Order From or any agreed facsimile number or such other address or number as may have been subsequently notified and any such notice shall be deemed to have been served (if delivered) at the time of delivery, (if sent by post) upon the expiration of 48 hours after posting and (if sent by facsimile) upon the expiration of 12 hours after dispatch.
    4. If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement which shall remain in full force and effect.
    5. If either party is affected by Force Majeure, it shall notify the other party of the nature and extent thereof as soon, as is reasonably practicable. Neither party shall be deemed to be in breach of this Agreement or otherwise be liable to the other by reason of any delay in performance or non-performance of any of its obligations hereunder to the extent that such delay or non-performance is due to any event of Force Majeure of which it has notified the other party. If the Force Majeure in question prevails for a continuous period in excess of one (1) month the parties shall enter into bona fide discussions with a view to alleviating its effects or to agreeing upon such alternative arrangements as may be fair and reasonable.
    6. No failure or delay of Vodafone to exercise any power given to it hereunder or to insist upon Your strict compliance with any obligation or condition of this agreement and no custom or practice of the parties at variance with the terms of this agreement shall constitute a waiver of any of Vodafone’s rights hereunder.
    7. This agreement constitutes the entire agreement between the parties in respect of the subject matter hereof and it supersedes and replaces any prior written or oral agreement, representation or understandings between them relating to such subject matter. The parties confirm that they have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement. Vodafone reserves the right at any time without liability and without compensation to alter or replace a mobile phone number (MSISDN) allocated to a SIM Card or any other name, code, email address or number whatsoever associated with a Selected Products.
    8. Vodafone shall issue You with and license You to use a Vodafone SIM Card with certain Selected Products on the condition that the Vodafone SIM Card shall remain the property of Vodafone and shall be returned to Vodafone upon request. Vodafone may charge You for the cost of checking, repairing or replacing any SIM Card.
    9. If You choose to port the MSISDN assigned to You to another mobile network, this will serve as termination of Your contract(s) for the Selected Products (and will be subject to all clauses that come into effect on termination). Porting is subject to terms ands conditions and You are strongly advised to read these prior to porting. You are expressly advised that on termination/porting the network that You port to may not be in a position to offer or support the Selected Products and the Selected Products may no longer be available to You. You are expressly advised that requests to port off the Vodafone Network may be declined by Vodafone in the event that Your account is in arrears.
    10. Unless otherwise expressly provided herein, no amendment may be made to this Agreement without the agreement of both parties which agreement shall be recorded in writing and appended to this agreement.
    11. This Agreement shall be governed by and construed in accordance with the laws of Ireland and the parties hereto shall submit to the exclusive jurisdiction of the Irish Courts.
    12. This Agreement may be executed in any number of counterparts which together shall constitute one agreement. 

    Definitions

    The following words and expressions have the following meanings:

    Application Form: the Vodafone application form setting out the technical and commercial prerequisites for availing of certain Selected Products;

    BlackBerry® from Vodafone: The wireless communications solution supplied by Vodafone providing “push” access to email and other corporate data. BlackBerry® is a registered trademark of Research in Motion Limited The RIM and BlackBerry families or related marks, images and symbols are the exclusive properties and trademarks of Research in Motion Limited used by permission. BlackBerry, the BlackBerry logo, he ‘envelope-in-motion’ symbol and ‘Always On, Always Connected’ are registered with the U.S. Patent and Trademark Office and may be pending or registered in other countries.

    Cancellation Charges: the charge payable for the early termination for a Selected Product within its Minimum Period and calculated as the monthly recurring charges payable for the Selected Product multiplied by the number of months of the Minimum Period left to run from the date of the notice of termination;

    Charges: the charges for the Selected Products calculated using the Rates (including but not limited to software licence fees, installation charges, connection charges, call/traffic charges, Equipment charges and administrative charges) payable as set out herein;

    Data: non voice information transmitted (either by sending or receiving) over the Vodafone Network in connection with a Selected Product;

    Data Device: a Vodafone approved device (e.g. mobile handset, data card) capable of communication with the Vodafone Network when used with a SIM Card;

    Direct Fulfilment: the supply of the Products and/or Equipment by any means other than Retail Fulfilment;

    Due Date: for corporate/business customers the agreed date for payment of invoices as agreed by the parties and set out in the Order Form; for consumers due date for payment as set out on the customers monthly invoice;

    EmailAnywhere: the Vodafone EmailAnywhere service designed to allow mobile access to office email, calendar, tasks and contacts;

    Equipment: all IT equipment, IT network infrastructure, mobile handsets and other hardware required to avail of the Products;

    3G: third generation mobile telephony services including voice and data;

    GPRS: general packet radio service;

    GSM: global system for mobile communications;

    HSCSD: high speed circuit switched data;

    Initial Order Form: the first Order From for Selected Product(s) completed by You and Vodafone;

    License: the Vodafone or third party license that you must accept prior to availing of certain Products (e.g. Smartner license for EmailAnywhere);

    Licensed Materials: such Vodafone or third party software programmes which You are required to license in order to be able to use a Selected Service;

    Minimum Period: a contractual minimum period from the Commencement Date of a Selected Service;

    Mobile Connect Card –Corporate Intranet Version: the Vodafone Mobile Connect Card (corporate intranet version) product that allows You connectivity to Your LAN and the internet over the Vodafone Network;

    Mobile Connect Card – Internet Version: the Vodafone Mobile Connect Card (internet version) that allows You mobile connectivity to the internet and Your email over the Vodafone Network;

    Order Form: for business and corporate customers dealing with Vodafone through an account manager this means the Vodafone Order Form to be completed to avail of a Selected Product; for consumer customers or any customer dealing with Vodafone through a retail store this means the standard Vodafone application form completed and signed in-store; in all cases it includes the Initial Order Form;

    Other Data Products: data products and services (other than EmailAnywhere, Mobile Connect Card – Corporate Intranet Version and Mobile Connect Card – Internet Version) where Vodafone provides You with access to the Vodafone Network for the purpose of conveying data traffic;

    PIN: personal identification number;

    Products: the data products and services available from Vodafone from time to time including but not limited to EmailAnywhere, Mobile Connect Card – Corporate Intranet Version, Mobile Connect Card – Internet Version and Other Data Products;

    Rates: the rates chargeable for the Selected Products and call/data traffic on the Vodafone Network as set out in Vodafone’s tariff plans (as may be amended from time to time) for personal customers or as set out in the Order Form(s) for business/corporate customers;

    Retail Fulfilment: the supply of Products and/or Equipment through Vodafone’s indirect sales channels (e.g. independent retailers, Vodafone owned stores);

    Selected Products: the Products that You contract with Vodafone for the supply of by completing an Order Form;

    Service Charges: the once off or recurring charges payable for the use of or connection to a Selected Product;

    SIM Card: a subscriber identity module card provided to You by Vodafone;

    SMS: the transmission over the Vodafone network of a Short Message Service (SMS/text) message;

    Territory: Ireland(excluding Northern Ireland);

    Unauthorised Device: an individual item of equipment or combinations thereof that may be determined by Vodafone at its sole discretion from to time to be unsuitable for use on the Vodafone Network or in connection with this agreement (including mobile gateways as described by the Commission for Communication Regulation in its Information Notice 15/03);

    User: for business or corporate customers means You and Your employee(s) as may be nominated and authorised by You to avail of Selected Products on Your Vodafone account; for consumer/ personal customers of Vodafone means the person who has entered this agreement with Vodafone;

    Vodafone Business Email: The Vodafone Business Email service designed to allow mobile access to personal or office email, calendar, tasks and contacts

    Vodafone Network: the mobile telecommunications network operated by Vodafone in the Territory;

    WLAN: wireless local area network.

    Vodafone Data Roaming terms and conditions

    These shall be considered On Demand Services. You are advised to check the most up to date prices and terms and conditions associated with these services before using such services. The following terms and conditions of the Vodafone Data Roaming tariffs are in addition to and form part of the general terms and conditions of the Vodafone Ireland Limited (“Vodafone”) mobile telecommunications service and of the Vodafone Mobile Connect Card/Data Services. In the event of any conflict the terms and conditions below shall prevail. Vodafone Data Roaming tariffs are available to mobile data customers of Vodafone (“Customers”) and allow customers to download/upload data while roaming (subject to these terms and conditions via their mobile phone account.

    1. Use of VoIP (Voice over Internet Protocol) is not permitted within any of the Vodafone Data Roaming tariffs and Vodafone reserves the right to impose technological or other constraints on this or related types of application.
    2. Vodafone reserves the right to withdraw any of the Vodafone Data Roaming tariffs generally or from any particular Customer at any time and to vary or amend any element of these tariffs without further notice. These terms and conditions may be varied or amended by Vodafone for a valid commercial, technical or operational reason.

    Connect Abroad Daily

    1. The Vodafone Connect Abroad Daily Tariff is the default tariff for customers who have not used data when abroad on the APN’s listed in paragraph 10 below, before 21st July 2007 or choose to pay for a time based session. The tariff is valid on all networks in the zones detailed in paragraph 8.
    2. Vodafone Connect Abroad Daily Tariff is divided between 2 zones, Europe and Rest of World, as further described in paragraph 8 below. Data roaming in countries outside of these footprints will incur a data roaming charge which is specific to each network – see www.vodafone.ie for details. Different tariffs are applicable to each of the zones. Once you commence data roaming in either of the zones, the appropriate daily tariff for that zone will automatically apply. These tariffs are outlined in paragraphs 5 and 6 below.
    3. Zone 1: Europe (list of applicable countries is set out in paragraph 8): For €12 ex VAT the Vodafone Connect Abroad Daily tariff consists of a data allowance of 50 megabytes (MB) which can be used for 24 hours from the first time you log on, subject to paragraph 7 below. Usage in excess of the 50MB within the 24 hours will be charged at €1 ex VAT per MB. The tariff is valid on all networks in the Europe zone where data roaming is possible.
    4. Zone 2: Rest of World (list of applicable countries is set out in paragraph 8): For €25 ex VAT the Vodafone Connect Abroad Daily tariff consists of a data allowance of 50MB which can be used for 24 hours from the first time you log on, subject to paragraph 7 below. Usage in excess of the 50MB within the 24 hours will be charged at €5 ex VAT per MB. The tariff is valid on all networks in the Rest of World zone where data roaming is possible.
    5. Important: Spanning between two sessions - Where a single session continues beyond the end of a 24 hour period and continues into a second 24 hour period, the customer will be charged a further daily rate, depending on their zone, for a second 24 hour period. However any data used within the session spanning between the first and second 24 hour period will be apportioned to the first 24 hour period’s data allowance. This means that if usage during this spanning session brings you above the 50MB data allowance, you will be charged for additional usage at the per MB rate appropriate to the zone you are roaming in, e.g in Europe, €1 per MB (ex VAT). Once the spanning session ends any further data usage will be deducted from MB assigned to the second 24 hour period. Eg:
      • Start Vodafone Connect Abroad Daily at 3pm on Tuesday and log off early the following morning;
      • Log on again at 2.30pm on Wednesday and end at 3.45pm. In doing this you have commenced a second Vodafone; Connect Abroad Daily period which is charged to your account and is available until 3pm on Thursday;
      • Usage within the session from 2.30pm to 3.45pm is applied to the data allowance in the first 24 hour period. If usage is over 50MB a per MB charge appropriate to the zone you are roaming in is also applied.
      • Once the session is over at 3.45pm and you then log on again within the 24 hours, usage will be applied to the second Vodafone Connect Abroad Daily allowance of 50MB.
    6. The Vodafone Connect Abroad Daily Tariff applies to data usage on all networks where data roaming, using a Vodafone Ireland SIM card. is available in countries outlined below:
    • Europe: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom.
    • Rest of the World: Albania, Argentina, Australia, Bahrain, Bermuda, Brazil, Canada, China, Columbia, Egypt, Guadeloupe, Hong Kong, Iceland, India, Indonesia, Israel, Jamaica, Japan, Kenya, Kuwait, Malaysia, Mexico, New Zealand, Norway, Pakistan, Philippines, Russian Federation, Saudi Arabia, Serbia, Singapore, South Africa, Sri Lanka, Thailand, Turkey, Ukraine, United Arab Emirates and USA.
    1. Data roaming in countries outside of these footprints will incur a data roaming charge which is specific to each network – see www.vodafone.ie for details
    2. The Vodafone Connect Abroad Daily Tariff applies to usage on the following apns:
      • Vodafone.office.apn
      • Vodafone.isp
      • Hs.vodafone.ie
      • Private/Corporate APNs

    Vodafone Connect Abroad Monthly Add On Bundles

    1. Customers who subscribe to the Vodafone Connect Abroad Monthly Add On Bundle’s can avail of a choice of 2 bundle options, either a Europe Add On or a Worldwide Add On (including Europe), as further described in paragraph 8 above. Data roaming in countries outside of these footprints will incur a data roaming charge which is specific to each network – see www.vodafone.ie for details.
    2. The Vodafone Connect Abroad Monthly Europe Add On Bundle applies to data usage in all countries within the Europe Zone, as outlined in paragraph 8 above. For €45 ex VAT the Vodafone Connect Abroad Monthly Europe Add On Bundle consists of a monthly allowance of 500MB. Usage in excess of the 500MB allowance, before the start of the next billing month, will be charged on a per MB basis of €1 ex VAT per MB. The tariff is valid on all networks in Europe where data roaming is available.
    3. Any data roaming usage outside of the Europe footprint will not be consumed from the bundle allowance and will be charged on a per MB basis of €5 ex VAT per MB.
    4. Data downloaded / uploaded while on the Vodafone Ireland network is excluded from the Vodafone Connect Abroad Monthly Add On Bundle.
    5. Once the Bundle is activated, the charge will recur monthly unless Vodafone is instructed to cancel the Bundle by the customer.
    6. The Vodafone Connect Abroad Monthly Worldwide Add On Bundle applies to data usage on networks in all countries within both the Europe & Rest of World Zones, as outlined in paragraph 8 above. For €70 ex VAT Vodafone Connect Abroad Monthly Worldwide Add On Bundle consists of a monthly allowance of 500MB. Usage in excess of the 500MB allowance, before the start of the next billing month, will be charged on a per MB basis appropriate to the zone you are roaming in. In the Europe Zone a charge of €1 ex VAT per MB will apply for any consumption in excess of the 500MB allowance. In the Rest of World Zone a charge of €5 ex VAT per MB will apply for any consumption in excess of the 500MB allowance The tariff is valid on all networks Worldwide where data roaming is available.
    7. Customers cannot carry over any remaining usage allowance to the following month.
    8. The Vodafone Connect Abroad Monthly Add On Bundles applies to usage on the following apns:
      • Vodafone.office.apn
      • Vodafone.isp
      • Hs.vodafone.ie
      • Private/Corporate APNs

    Vodafone Connect Abroad Monthly Legacy Add On Bundle

    1. Customers who are currently opted into the Vodafone Connect Abroad Monthly Legacy Add On Bundle will remain on that Add On Bundle until the month has expired, or the Customer requests their subscription to be cancelled.
    2. If a Customer cancels their subscription to the Vodafone Connect Abroad Monthly Legacy Add On Bundle after 8th November 2008, they will not be able to sign up to the Bundle at any other date in the future.
    3. For €60 ex VAT the Vodafone Connect Abroad Monthly Legacy Add On Bundle provides a monthly allowance of 200MB. Usage in excess of 200MB per month will be charged as the Standard Data Roaming tariff below in paragraph 27.
    4. Data downloaded / uploaded while on the Vodafone Ireland network is excluded from the Vodafone Connect Abroad Monthly Add On Bundle. The Add On Bundle can be purchased on a once off or monthly basis.
    5. The Vodafone Connect Abroad Monthly Legacy Add On Bundle applies to data usage on the following networks: Vodafone Operator networks in the following countries – Australia, Czech Republic, Egypt, Germany, Greece, Hungary, Iceland, Italy, Malta, Netherlands, New Zealand, Portugal, Romania, Spain, Sweden, UK and Mobilkom in Austria, Proximus in Belgium, VIPnet in Croatia, CYTA in Cyprus, Elisa (Radiolinja) in Finland, SFR in France, Softbank in Japan (3G only), SmarTone in Hong Kong, BITE in Lithuania, LUXGSM in Luxembourg, Celcom in Malaysia, MobileOne in Singapore, SiMobil in Slovenia, Vodacom in South Africa, Swisscom in Switzerland For the avoidance of doubt, Vodafone reserves the right to amend the list of networks to which the tariff applies, whether by addition, deletion, or otherwise, at any time without further notice.
    6. Data roaming on all other networks will incur a data roaming charge which is specific to each network – see www.vodafone.ie for details.
    7. Customers cannot carry over any remaining usage allowance to the following month.
    8. The Vodafone Connect Abroad Monthly Legacy Add On applies to usage on the following apns:
      • BlackBerry.net
      • Vodafone.office.apn
      • Vodafone.isp
      • Hs.vodafone.ie
      • Private / Corporate APN's

    BlackBerry Roaming Add On

    1. The BlackBerry Roaming Add On is only available to Customers who are already availing of a domestic BlackBerry service with Vodafone, either Internet or Enterprise based.
    2. For €10 ex VAT per month, Customers can use up to 5MB of data usage on a Worldwide footprint as outlined in point 29 below.
    3. The BlackBerry Roaming Add On applies to data usage on all networks where data roaming using a Vodafone Ireland SIM card is available in the countries outlined below (The Worldwide zone is made up of the countries in the following two zones):
    • Europe: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and United Kingdom.
    • Rest of the World: Albania, Argentina, Australia, Bahrain, Bermuda, Brazil, Canada, China, Columbia, Egypt, Guadeloupe, Hong Kong, Iceland, India, Indonesia, Israel, Jamaica, Japan, Kenya, Kuwait, Malaysia, Mexico, New Zealand, Norway, Pakistan, Philippines, Russian Federation, Saudi Arabia, Serbia, Singapore, South Africa, Sri Lanka, Thailand, Turkey, Ukraine, United Arab Emirates and USA.
    1. Usage outside of the 5MB allowance will be charged at a per MB rate specific to the zone the Customer is roaming in as outlined below:
      • Usage in Zone 1: Europe will be charged at a rate of €1 ex VAT per MB.
      • Usage in Zone 2: Rest of World will be charged at a rate of €5 ex VAT per MB.
    2. Customers cannot carry over any remaining usage allowance to the following month.
    3. Data downloaded / uploaded while on the Vodafone Ireland network cannot be consumed from the BlackBerry Roaming Add On.
    4. The BlackBerry Roaming Add On only applies to usage on the BlackBerry.net APN

    Standard Data Roaming Tariff

    1. The Standard Data Roaming Tariff is the default tariff setting for Customers who have not opted into one of the bundles / tariffs described above. The tariff will apply automatically to their data usage when roaming on any network in the countries outlined in Paragraph 8.
    2. The Standard Data Roaming Tariff is divided between 2 zones of Europe and Rest of World, as outlined in Paragraph 8 above. Data Usage will be charged at a rate appropriate to the zone you are roaming in, as outlined in Paragraphs 29 and 30 below. Data roaming in countries outside of these footprints will incur a data roaming charge which is specific to each network – see www.vodafone.ie for details.
    3. Usage in Zone 1: Europe will be charged at a rate of 20c ex VAT per MB.
    4. Usage in Zone 2: Rest of World will be charged at a rate of €5 ex VAT per MB.
    5. The Standard Data Roaming Tariff applies to usage on the following applications:
      • BlackBerry.net
      • Vodafone.office.apn
      • Vodafone.isp
      • Push.ie
      • Hs.vodafone.ie
      • Private / Corporate APNs
      • Live.apn
      • Wap.apn

    Mobile internet data roaming for pay as you go and bill pay customers

    1. Roaming is an optional Service which allows you to use your Device on operators' networks, in foreign countries. Roaming relies on the telecommunications systems of foreign networks, over which we have no control. We cannot therefore offer any guarantees about Roaming services. Coverage areas and technologies vary between select markets, actual download speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.
    2. If you use Services from a country outside the Republic of Ireland, your use of the Services may be subject to different laws and regulations that apply in that other country. Vodafone is not liable for your failure to comply with those laws or regulations.
    3. Services originated or received while outside your domestic (Republic of Ireland) coverage area are subject to roaming charges. Mobile internet data roaming charges automatically apply to all customers who access the internet on their phone while abroad, using the Live access point (live.vodafone.com). Vodafone reserves the right to make changes to access points without change to the terms of customer service.

      Vodafone Passport Mobile Internet

    4. Data roaming in Europe zone will cost €2 inc VAT per day plus the domestic daily service charge for the mobile internet service. Customers who have a domestic data bundle that includes usage on the live.vodafone.apn will pay just €2 inc VAT. Customers on Perfect Choice Access Plus 700 and MyWay Complete Plus will not incur the €2 daily charge when roaming and data (up to 50MB) will deplete from their domestic bundle. Customers who sign up to MyWay Complete Plus after 26.07.12 must opt in to Vodafone Passport Mobile Internet to order to avail of this. Daily roaming allowance is 50MB per day. Additional usage over this limit will be charged at €1 inc VAT per MB.
    5. Data roaming in Rest of World zone will cost €4.99 inc VAT per day for a 10MB data bundle.  Additional usage outside of the daily bundle will be charged at a promotional rate of €3.63 inc VAT per MB.
    6. The charges will apply to customers who have opted in to Vodafone Passport Mobile Internet and have data usage when roaming on any network in the following zones: Vodafone reserves the right to change the countries within zones from time to time for commercial or geopolitical reasons; such changes will happen without notice and it is the customers responsibility to check prior to travel.

      Pay as you go customers

      Europe:  Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Iceland, Italy, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, UK (Incl. Northern Ireland)
      Rest of World: Australia, Canada, Egypt, South Africa, Thailand, Turkey, UAE, USA

      Bill pay customers

      Vodafone Countries:  Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guernsey, Hungary, Iceland, Isle of Man, Italy, Jersey, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, UK (Incl. Northern Ireland)
      Rest of World: Antigua, Argentina, Australia, Bahrain, Barbados, Belarus, Bermuda, Bosnia Herzegovina, Brazil, Cameroon, Canada, Cayman Islands, Chile, China, Columbia, La Désirade, Dominica, Egypt, French Guiana, Ghana, Grenada, Guadeloupe, Haiti, Honduras, Hong Kong, India, Indonesia, Israel, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Lebanon, Macedonia, Malaysia, Martinique, Mauritius, Mexico, New Zealand, Nigeria, Pakistan, Peru, Philippines, Russian Federation, Saudi Arabia, Serbia & Montenegro, Singapore, South Korea, South Africa, Sri Lanka, St. Barthelemy, St. Kitts & Nevis, St. Lucia, St Martin, St. Vincent, Tanzania, Thailand, Tunisia, Turkey, Turks & Caicos, UAE, Ukraine, US, Yemen
    7. Daily charging timeframe is defined as starting at 00:00 to 23.59.59 Irish time.
    8. These charges are designed for and apply to data roaming on your phone using the live.vodafone.com apn and WAP apn only.
    9. Unused data cannot be carried over to the next day.
    10. Where the domestic charge has been charged already domestically and the customer roams to a Vodafone country the service fee will not be charged again.  Only the €2 roaming premium will be charged
    11. PAYG customers must have sufficient credit to pay the roaming premium and if applicable the service fee
    12. While roaming, the domestic service charge and roaming surcharge will be charged individually as single once off payments each day. Out of bundle usage will be charged per kb for usage beyond the daily allowance in the applicable roaming zone.
    13. When a customer travels from the Europe zone to Rest of World zone in the same day then a new daily roaming charge and new allowance will apply for the applicable zone. Any additional usage will be charged at the rate of the active zone.
    14. Customers are responsible for the management of their device configurations and should be aware that updates and connections and so are wholly responsible for any associated costs while roaming. Where a customer device is setup for automatic data updates, connections on the customers mobile are considered to be with the consent of the customer and so data roaming charges will apply. 
    15. To avoid unexpected data usage while roaming due to automatic updates and connections it is recommended that these be disabled whilst travelling and manual connections be made when needed.  Please refer to handset manual or application settings for detailed instructions
    16. If your use of the Data Services on other carriers' wireless networks ("offnet data usage") during any month exceeds your offnet data usage allowance, Vodafone may at its option terminate your access to the service, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for offnet data usage. Your offnet data usage allowance is equal 20% of the kilobytes included with your plan.
    17. Service charges while roaming do not include event charges such as charges for download of ringtones or games, and do not include the use of any data services for which a special charge is made.

    Data Roaming Spend Caps and Notifications

    1. Vodafone is required by Regulation to offer a Data Roaming Spend Caps and Notifications service to help its customers to control costs when accessing email or the internet while roaming. Throughout these terms and conditions the ‘Customer’ relates to the individual subscriber to whom the SIM card is linked. 
    2. There are two data roaming spend caps available the default spend cap of €50 (€61.50 including VAT) and an additional spend cap of €300 (€369 including VAT).  The €50 (€61.50 including VAT) default spend cap applies unless a customer opts out of it.  If a customer opts out of the €50 default spend cap (€61.50 including VAT), an additional spend cap of €300 (€369 including VAT) will also apply unless the customer chooses to opt out of that cap as well.  If a customer opts out of both caps then no spend cap will apply.
    3. All spend cap calculations are based on roaming data usage  in a single  monthly billing period. At the start of the next billing period, accumulation towards the spend cap shall be reset to zero.  For any customer on a data roaming price plan, the fixed cost of the data roaming price plan as well as any out-of-bundle or per MB costs (i.e. the total spend to date in the monthly billing period) will count towards the calculation of the spend cap for that month. Usage accumulated shall be reset to zero at the start of the next billing period.
    4. When a customer accesses data abroad, they will receive a warning message when their data usage is near to and again when they have reached the data roaming limit set by the applicable spend cap and the customer shall then be barred from data roaming for the rest of that billing period unless they choose to opt out of the applicable spend cap for that month. Both notifications will inform the customer how to continue usage beyond the cap. Customers will receive the text message to the inbox of their mobile phone or to the SMS inbox of their mobile broadband software. Older mobile broadband devices may not have the software capability to be able to receive pop up SMS notifications.  In these circumstances, customers must go into the SMS inbox of their mobile broadband device to view the notification. . If an inbound text message bar is in place then the end user will not receive notifications.
    5. Upon reaching a spend cap the customer will be barred from data roaming for the remainder of the applicable monthly billing period unless they choose to extend usage beyond the spend cap. When this cap has been reached, data that is in the course of being downloaded will be lost.
    6. The sending of an MMS while abroad is charged on a transaction (i.e. per MMS) basis. .  
    7. Vodafone's data roaming spend cap and other notifications are reliant on a customer's ability to receive and send text messages from the device being used. Any customer who reaches the applicable data roaming spend cap via use of his/her iPad, can call Vodafone customer care to have the spend cap lifted or to opt out of the applicable spend cap.
    8. When a customer reaches the applicable spend cap, the customer will receive a notification indicating the procedure to be followed if the customer wishes to continue provision of the data roaming services and the cost of each additional unit that may be consumed.  Should a customer choose to exceed the applicable spend cap, that customer shall accept the risk that he/she may accumulate significant charges within their monthly billing period at the applicable out-of-bundle per MB rate. 
    9. Vodafone reserves the right to modify the data roaming service at any time for technical, operational, regulatory or legal reasons. Vodafone may suspend or vary the data roaming service without prior notice for repair or maintenance, or for any other valid reason.
    10. A customer can at any stage opt for or remove a data roaming spend cap in which case, the change will be made free of charge within one working day of receipt of the request. All other terms and conditions of the customer’s data roaming plan will remain unaffected and there will be no penalty or restriction involved.
    11. Instructions to opt in or out of the financial limits are outlined below and are also sent to customers in the notifications he/she receives when abroad:

    TO OPT OUT:

    For the €50 spend cap (€61.50 including VAT):

    Text ‘NO EU CAP’ TO 50193

    For the €300 spend cap (€369 including VAT):

    Text ‘NO UPPER LIMIT <PIN>’ to 50193

    The PIN you need to insert is the last 4 digits of your customer number

    For spend notifications:

    Text ‘NO NOTIFY’ to 50193.

    TO OPT BACK IN:

    For the €50 spend cap (€61.50 including VAT):

    Text ‘YES EU CAP’ TO 50193

    For the €300 spend cap (€369 including VAT):

    Text ‘YES UPPER LIMIT’ to 50193

    For spend notifications:

    Text ‘YES NOTIFY’ to 50193

    Consumer Rights Under the Data Roaming Regulations

     

    EC Regulation No. 544/2009 (the “Regulation”) requires that customers are kept adequately informed of the charges that will apply when using data roaming services so that customers are able to monitor and control how much they spend when using mobile data services abroad. Specific actions are required of Vodafone, as a mobile service provider to ensure that this is the case:

    • Every time a customer is roaming, he / she will be informed by an automatic message from Vodafone that he / she is roaming. As part of this, the customer will be given their basic tariff information on the relevant data roaming charges applicable for roaming in the European Union country concerned, except where the customer has notified Vodafone that he / she does not want to receive this information. Where a customer has so notified Vodafone of this, the customer also has the right to reverse that decision and ask Vodafone to provide that information service again in the future free of charge.
    • The Regulation requires Vodafone to make available to all their data roaming customers a facility which provides information on their data roaming spend.  This must be available free of charge and guarantees that without a customer’s explicit consent, their accumulated data roaming spend over a monthly billing period does not exceed a specified financial limit. €50 per month (€61.50 including VAT) is the default financial limit.  This means that it is applicable to all customers who have not opted out of it. In addition to the €50 limit (€61.50 including VAT), Vodafone may offer additional limits. Vodafone offers an additional financial limit of €300 (€369 including VAT).  Customers will not be able to continue data roaming when they reach the specified financial limit during a billing period unless they choose to choose to opt out of the applicable financial limit for that month.
    • Customers must also be informed when their usage is near to and when they have reached the agreed financial limit (for example by an SMS message, an e-mail or a pop-up window on the computer). The alert message will advise customers of the procedure to be followed if they wish to continue data roaming and the cost associated with each individual unit that may be consumed.  Customers have the right to require Vodafone to stop sending such messages and the right at any time and free of charge to require Vodafone to provide the service again in the future.
    • Regardless of a customer’s data roaming price plan , they always have the right to opt for or remove a financial limit for data roaming, without affecting in any way the other terms and conditions of their plan. The limit must be set or removed within one working day of receipt of the request, free of charge.  
    • Customers must also be informed of the risk of automatic and uncontrolled data connection and download. Please see [insert link], for more information on how to avoid uncontrolled consumption of data roaming services on your Smartphone.
    • Instructions to opt in or out of the financial limits are outlined below and are also sent to customers in the notifications he/she receives when abroad:

    TO OPT OUT:

    For the €50 spend cap (€61.50 including VAT):

    Text ‘NO EU CAP’ TO 50193

    For the €300 spend cap (€369 including VAT):

    Text ‘NO UPPER LIMIT <PIN>’ to 50193

    The PIN you need to insert is the last 4 digits of your customer number

    For spend notifications:

    Text ‘NO NOTIFY’ to 50193.

    TO OPT BACK IN:

    For the €50 spend cap (€61.50 including VAT):

    Text ‘YES EU CAP’ TO 50193

    For the €300 spend cap (€369 including VAT):

    Text ‘YES UPPER LIMIT’ to 50193

    For spend notifications:

    Text ‘YES NOTIFY’ to 50193

     

     

    Vodafone Fixed Line 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- Single Line (the "Standard Terms and Conditions"):

    How are the T&Cs structured?

    1. When signing up to Vodafone At Home services from Vodafone Ireland Limited (a company registered in Ireland having its registered address at MountainView, Leopardstown, Dublin 18) you will be required to accept the Standard Terms and Conditions as well as service specific terms and conditions which relate specifically to the services chosen by you.
    2. Certain terms and conditions you sign up to will be guaranteed for the duration of your contract (and if changed you shall be entitled to terminate) whereas others will change from time to time. The distinction is explained further below:
      1. Core Terms and Conditions - The General Terms and Conditions and certain other terms and conditions identified in your Service specific terms will be deemed “Core Terms and Conditions”. These terms and conditions apply to services which we have contracted to provide you at the time of entering into the contract and will continue to provide over the duration of the contract. The Core Terms and Conditions can only be changed by Vodafone giving you thirty (30) days’ notice. In the event of any such alteration, you 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. Your continued use of the Service signifies your acceptance of any amendment.
      2. On Demand Terms and Conditions – Any services which we have not committed to providing you with for the entire during of your contract with Vodafone will be subject to “On Demand Terms and Conditions”. These are terms and conditions which we are not in a position to guarantee at the time of entry into these General Terms and Conditions and relate to services we have not agreed to provide for the duration of your minimum term. You are advised to check the most up to date prices and terms and conditions associated with these services before using such services. Unless you have used a specific On Demand Service (by accessing or calling a specific content or number) Vodafone reserves the right to alter any terms of the On Demand Terms and Conditions without further notice to you. If you have accessed specific On Demand Services within the previous 30 days then changes to these specific services will be notified to you in the same way as changes to Core Terms and Conditions. For the avoidance of doubt you will not be entitled to terminate your contract for a change to On Demand Terms and Conditions as we have not agreed to provide them to you for the duration of the Minimum Term in any event.Unless otherwise specified the following services shall be considered On Demand Services in addition to other services identified as being on demand:
        1. Content services;
        2. E-mail/Storage services;
        3. Directory Enquiry rates and services;
        4. International Call rates and services;
        5. Premium Rate Services.
    1. Standard Terms and Conditions
      1. 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 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. 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.
      3. 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.
      4. 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.
      5. 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.
      6. 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. 6.6 The Customer agrees to promptly pay all Charges in accordance with clause 7.
        6. 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).
        7. 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.
      7. 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.
      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 wilfull 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.
      9. 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.
      10. 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”).

      11. 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.
      12. 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.
      13. 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.
      14. 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.
        7. The Customer agrees to be automatically included in any secure wifi sharing or secure wifi roaming propositions offered by Vodafone via the Vodafone supplied home gateway/modem. The customer may opt out of any such offering at any time by contacting Vodafone.
      15. 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
        5. 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/helpsupport/contactus/.
      16. 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.
    2. 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:

        • "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.
      2. 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.
      3. 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.
      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. 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.
      6. 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.
      7. Emergency Services
        1. The service includes access to emergency services (you should call 112) free of charge. However, access to emergency services is dependant upon there being access to a power supply and the service will not therefore be available during a power outage.
    3. Vodafone Fixed Broadband 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;
        • "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;
      2. 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.
      3. 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.
      4. 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.
      5. 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.
      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 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.
      7. 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.
      8. 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.
      9. 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 vTermination
        2. 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.
        3. 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.
        4. 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.
        5. 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.
        6. On termination, the Customer shall return any Vodafone owned Equipment received from Vodafone in respect of the Fixed Broadband Service to Vodafone.
        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
      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.

    Fair Usage Policy

    The following term applies to customers who sign up to Home Extra, Home Max or customers who purchase the ‘Unlimited local, National and UK landline call add-on’ after date 01st November 2013-

    A fair usage policy of 6,000 minutes applies to the total of all local, national and UK landline calls made within each billable month. If the customer exceeds this fair usage policy then they will be charged in accordance with standard rates which can be found at http://www.vodafone.ie/home-phone-broadband/charges, which rates may vary from time to time.

    **The following clause does not apply to new customers who sign up on or after 1st March 2014, or to re-contracting customers who already have the €3 discount on their package on or after 1st March 2014.**

    Vodafone at Home discount for Vodafone Mobile Customers

    The following discount offer is available to all new and existing Vodafone RED, Vodafone RED Super, Vodafone RED 30 Day or Vodafone RED 12 month customers (“Mobile Customers”) and all existing Vodafone at Home Broadband customers (“Broadband Customers”) who have one of either service with us (Mobile or Broadband service). This offer is not available on Simply Talk plan or Simply Broadband plan. The offer is €10 off any monthly Vodafone at Home Broadband package if you are a new or existing Mobile Customer and sign up as a new Broadband Customer or are a new or existing Broadband Customer and sign up as a new Vodafone Mobile Customer. In order to avail of this offer, a customer must sign up to a new minimum contract term of 24 months for Vodafone at Home Broadband. The €10 discount will be applied to each monthly bill for the broadband service.

    For all other Vodafone mobile customers, if they sign up for a minimum 12 month Vodafone at Home Broadband service, they will receive a €3 discount off their monthly Vodafone at Home bill. If a customer’s mobile plan terminates or expires for any reason, they will automatically lose their discount from the Vodafone at Home Broadband package.

    Vodafone Fixed Line and Fixed Broadband Services (pre 13 June 2011)

    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 (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 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. 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.

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    7. 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.

    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.
    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.

    9. 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.

    10. 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”).

    11. 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.

    12. 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.

    13. 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.

    14. 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.

    15. 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

    16. 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

    1. Definitions

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

    "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.

    2. 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.

    3. 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.

    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. 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.

    6. 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

    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;

    "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;

    2. 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.

    3. 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.

    4. 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.

    5. 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.

    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 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.

    7. 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.

    8. 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.

    9. 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

    10. 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

    11. 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.

    Fixed Broadband Modem Terms & Conditions

    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 Landline and Fixed Broadband Services (pre 31/08/10)

    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.

     

    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. 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

    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;


    "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

    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. 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.

    Online PC Backup Terms & Conditions

    These shall be considered On Demand Services. You are advised to check the most up to date prices and terms and conditions associated with these services before using such services.

    End-user license agreement

    Please review the following terms carefully before using the product or clicking on the ‘Accept’ button. By using the please review the following terms carefully before using the product or clicking on the "accept" button. By using the product or clicking on the "accept" button you indicate your acceptance of such terms and conditions and you agree to be bound by these.

    1. Definitions
      In these terms and conditions the following words shall have the following meanings:
      • "You" means you either as an individual or a legal entity
      • "Product" means Vodafone PC Backup or Vodafone PC Backup Pro distributed under this Agreement including any updates that may be provided to you and any accompanying written documentation and services
      • "We" "us" means Vodafone Ireland Limited
    2. Product
      The Product and related Charges for consumers are listed here and the charges for business are listed here .  Please review these pages as they outline the applicable details of the Product.
    3. Licence to use
      We grant you a non-exclusive licence to use the Product. You may not copy, modify, reverse engineer or decompile the Product and/or the software contained in or on the Product or any part of it (save to the extent expressly permitted by law). You may not transfer, assign, sublicense, or otherwise distribute or enable a third party to use the Product except as expressly permitted by us.
    4. Use and conduct
      You will be required to register for your use of the Product as per the instructions listed in your welcome email. In addition, you will be solely responsible for any activity that occurs under your user name and your use of the Product must be in accordance with all applicable laws.
    5. Usage limits
      You agree that your use of the Product is subject to the applicable gigabyte (GB) limit set out in accordance with Clause 2 above. If you exceed your stated GB limit, you will be prompted to either upgrade the Product or reduce the data used for the Product. In the event of any continued usage beyond your stated GB limit, we may restrict or terminate your use of Product.
      In relation to our Unlimited GB version of the Product, your use of this Product must be in accordance with the fair usage policy listed in accordance with Clause 2 above.
    6. Termination
      This license is effective until terminated. This Agreement shall automatically terminate if you fail to comply with these terms and conditions or with the terms and conditions of any other contract pursuant to which we have made the Product available to you. If this Agreement terminates we have no obligation to provide you with a copy of your data.
    7. Intellectual property rights
      We and/or our licensors as the case may be, own all the copyright, design rights, "Look and Feel", trademarks and other intellectual property rights in and to the Product. The fact that we have supplied you with the Product does not mean that we have transferred any of our, or our licensors, rights in the Product to you; we have simply permitted you to use it strictly on the terms and conditions of this license.
    8. Use of data
      You acknowledge that when you sign up for the Product you must supply us with your email address so that your account can be established. For support purposes the following personal information may be required from you: address, email address and daytime contact telephone number. In providing the Product to you we will comply with our Privacy Statement outlined below.
    9. Exclusion of warranties
      To the fullest extent permitted by applicable law, the Product is furnished to you "as is" without any warranty, conditions, representations or other terms regarding the Product from our licensors. Neither we nor our licensors warrant that the Product will meet your requirements or that the operation of the Product will be uninterrupted or error free. To the extent permitted by law we and our licensors disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied or whether arising by statute, common law or otherwise. This clause does not affect your statutory rights.
    10. Limitation of liability
      We will be liable to you if our negligence causes death or personal injury. In all other circumstances we or our licensors will not be liable to you for any compensation, reimbursement or damages on account of the loss of present or prospective profits, loss of revenue, turnover of sales; loss of good will; loss or damage to reputation; loss of contracts or customers; loss of anticipated savings; loss of or damages to data or programs or any other reasons whatsoever or indirect, special, incidental or consequential damages whether arising in tort (including negligence) or contract and even if we or our licensors have been informed of the possibility of such losses or damages.
    11. Law and jurisdiction
      These terms and conditions shall be governed by the laws of Ireland and the parties hereby irrevocably submit to the exclusive jurisdiction of the Irish courts.

    Privacy statement

    We have provided this Privacy Statement to help you understand how we collect, use and protect your information when you use the Product as covered by the End-User License Agreement. It also explains some of the basic features of our service that may have an impact on your privacy.  We wish to help you make informed decisions, so please take a few moments to read the sections below and learn how we may use your personal information.

    Registration information

    To register for the service you need to provide us with your e-mail address.

    Usage information

    Your usage information is the information we collect from your use of the Product, including how often you back up data, performance metrics relating to the Product and configuration settings.

    This information is used for the purpose of operating the Product and services, to analyse overall trends to help us improve the service and for the other purposes described below in this privacy statement.

    Support

    If you have any problems with the Product we will need to collect all or part of the following personal information from you to try to resolve the issue for you: your address, email address and your daytime contact telephone number.

    Retention

    Personal data (but not your backed up data) received from you will generally be deleted within five (5) days after your account for the Product is terminated unless we are obliged by law or any extraordinary circumstance to retain it.

    Data saved by you

    All data saved by while using the Product remains your own private property.  We will not access or destroy the contents of your account, unless it is in accordance with this Privacy Statement, our terms and conditions or we are forced to do so by law or any extraordinary circumstance. See the Disclosures section below.

    Copy of personal data

    You are entitled to a copy of your personal user account related data (and not your backed up data) kept by us. Requests should be in writing* and should be addressed to:
    The Data Protection Officer, Vodafone Ireland Limited, MountainView, Leopardstown, Dublin 18
    Please quote your name, address and your mobile and/or account number. We will take all reasonable steps to confirm your identity before releasing any data.
    * We may charge a small fee to cover the administration costs

    General marketing

    We may use information about you and how you use the Product to better understand how our users generally use our products and services and in order to improve them and enhance the user experience. We may contact you from time to time about new products, services or features via voice call, email, text, and other forms of electronic communication. We understand that you may have preferences about how we may contact you, or not want to be contacted at all. You can tell us which marketing messages you would like to receive and/or which you object to by changing your preferences by calling customer care on 1907 (for residential customers) or on 1800 800 818 (for business customers). All marketing messages will contain information on how you can stop us sending you marketing.

    We do not – generally – rent, sell or disclose your personal information to third parties so that they can carry out their own marketing campaigns. However, in exceptional circumstances, where we are providing specific service or specific content with another company, we may share your contact information with that company in order that they might contact you about their products and services. In these exceptional circumstances, we will ensure that you are given clear notice about this and we will provide you with information on how you can object to that happening.

    From time to time, we may run joint advertising campaigns with carefully selected partners with whom we may have specially negotiated offers and discounts for our customers. Because we understand the concerns that you might have about your information being shared with others, when this happens, we remain in control of your customer information and will not allow those third parties to use those details for their own purposes in future.

    Whatever we do, we will ensure we retain full control over your personal information and will never share your personal information (including your mobile number) with advertisers without your prior consent. We may need to work with third party companies who provide advertising technologies and techniques, but we will retain control over this information and minimise the information that they need to have access to (see section below on Outsourcing and International Transfers).

    Disclosure

    Other than as explained in this section, we do not rent, sell or disclose your personal information or contact details to third parties for their own use:

    • We may share information about you and your use of our products and services with companies within the Vodafone Group* for the purposes set out in, and subject to the terms of, this Privacy Statement and the Vodafone Group Privacy Policy
    • In the event that we undergo reorganisation or are sold to a third party, any personal information we hold about you may be transferred to that re-organised entity or third party for the purposes and subject to the terms of this Privacy Statement
    • It may be necessary to share your personal information with third parties who are involved in the delivery of the products and services used by you
    • It may also be necessary to pass some of your personal information to a third party service provider whose services you may be using

    From time to time Vodafone may be obliged by law or order of the court to disclose your personal information to meet any legal or regulatory obligations – for example the law enforcement agencies are able to require phone, internet and communications related information from us where it is relevant to their investigations into criminal activity. Where that is the case we will only disclose your information to the extent strictly required by applicable law.

    * For the purposes of this section, "Vodafone Group" means Vodafone Group Plc and any company or other entity in which Vodafone Group Plc exercises control either because it owns (directly or indirectly) more than 50% of the issued share capital or otherwise has management control. Details of Vodafone’s operations worldwide can be seen here (companies where Vodafone Group Plc exercises control are referred to as ‘subsidiaries’).

    Security

    We recognise that customers are increasingly concerned about how companies protect personal information from misuse and abuse. We have specialist security teams who are constantly reviewing and enhancing our technical, physical and managerial procedures and rules to protect your personal information from unauthorised access, accidental loss and/or destruction.

    Outsourcing and international transfers

    Where we have contracted with a third party to provide some part of our products or services that you are using, we will ensure that your personal information continues to be protected. To do this we take the following steps:

    • Define the specific security measures that we require from our third party suppliers to protect your personal information – these security measures will be substantially similar to those deployed by Vodafone. We will also undertake checks, including physical audits where appropriate, to ensure that the third party supplier is capable of meeting our requirements
    • Require our third party suppliers to process your information only as strictly authorised by Vodafone to fulfil the service that they have been contracted to provide on our behalf. Those third parties will not be entitled to use your personal information for their own purposes
    • Require them to sign a contract guaranteeing to comply with those security requirements and to only act upon our instructions, and agreeing that we can audit them to ensure that they comply with those security requirements

    Where they are based outside of the EEA the data protection and other laws may not be as comprehensive or protective of your privacy as those in Denmark or the EU. In those cases, we take extra precautions to protect your privacy including considering the legal environment and the powers and practices of the Governmental authorities in the destination country, and require our third party suppliers to enter into specific terms agreed with the European Commission to protect your personal information.

    During the lifetime of the contract we will monitor for ongoing compliance with the defined security measures.

    *The European Economic Area (EEA) currently comprises the Member states of the European Union plus Norway, Iceland and Liechtenstein

    Queries

    If you have any queries about our privacy policy you should put your enquiry in writing to athome.ie@vodafone,com (for residential customers) or to office.ie@vodafone.com (for business customers).

    If you signed up for Vodafone Landline and Fixed Broadband Services before 24/10/09, the Terms and Conditions can be found below .

    Vodafone Landline and Fixed Broadband Services (pre 24/10/09)

    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. 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. 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 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. 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

    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 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

    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. 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.

     

    Vodafone Office multi-line Terms and Conditions

    1. The following terms and conditions of Vodafone Office multi-line are in addition to and form part of the terms and conditions relating to Vodafone At Home and Vodafone Office ( Vodafone Landline and Fixed Broadband Services “ Standard Terms and Conditions”): 
    2. In the event of any conflict, the terms and conditions of Multi-Line Service will prevail.
    3. If the Customer exercises the right of cancellation for all or part of the Multi-Line Service, the Customer shall be liable for any Charges for usage (including Line Rental Charges 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 Multi-Line Service.
    4. Any information obtained by Vodafone through an application for or the use of the Multi-Line 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 Multi-Line Service, including disclosure to and retention by the Access Provider in connection with the operation, suspension and/or termination of the Multi-Line 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.
    5. The Customer’s Contract is for a Minimum Term of twelve (12) months from the Commencement Date, unless the Customer cancels during the Cooling-Off Period in accordance with clause 3.1 of the Standard Terms and Conditions.
    6. Each Customer Application for the Multi-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 Form each individual telephone line in respect of which it wishes to the Multi-Line Service applied.
    7. The Customer accepts and acknowledges that (i) the Access Providers may bar access to all carrier selection and carrier access codes on telephone lines and (ii) override codes are not available for use by the Customer in conjunction with the Multi-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 Multi-Line Service in the event that such restrictions are not accepted by the Customer.
    8. The Customer shall contact Vodafone in the event that it wants to alter any aspect of the Multi-Line Service, including, but without limiting the generality of the foregoing, the addition of a telephone line(s), changes to a telephone line(s), the addition of an ISDN line(s), changes to an ISDN line(s), changes in the Call Management Multi-Line Services, changes in ISDN Ancillary Multi-Line Services, changes in Carrier Pre-Selection (CPS), changes in Vodafone owned equipment located at a Customer premise and changes in a Customer premise where the Multi-Line Service is provided.
    9. The Customer may receive one bill from Vodafone for all Charges incurred by the Customer in respect of this Multi-Line Service. The Customer may continue to be billed separately by its Access Provider for any Single Billing Product Exclusions. The Landline Line Rental, ISDN rental and Equipment rental charges shall be paid monthly in advance.
    10. The Customer undertakes not to use or permit others to use the Multi-Line Service, nor any part of the Multi-Line Service nor the Equipment for business purposes to sell on or supply the Multi-Line Service to anyone on a commercial basis.
    11. If, on termination, any Charges are outstanding, on all or part of the Multi-Line Service, Vodafone may continue to bar the Customer’s line(s) following termination until all Charges have been paid up to date by the Customer.

    Additional Definitions

    “ISDN” means Integrated Multi-Line Services Digital Network, which provides a set of International Telecommunications Union (ITU) standards for digital transmission of voice and data;
    “ISDN Ancillary Multi-Line Services” has the meaning assigned to such term in the Tariff Sheet;
    "Multi-Line Service" means the service requested by the Customer in the Customer Application. This may include, but is not limited to, Single Billing through Wholesale Line Rental, Carrier Pre-Selection, ISDN, Internet Connection and Call Management Services.

    If you signed up to Vodafone's Landline and Fixed Broadband service before the 24th October 2009, the applicable terms and conditions can be found here .

    Vodafone Maps - Terms and Conditions 

    1. These shall be considered On Demand Services. You are advised to check the most up to date prices and terms and conditions associated with these services before using such services.
    2. Details about the service: Vodafone Maps (referred to here as the “Services”) enable you to navigate between locations and locate types of products and services within a specific area. The Services are provided by Vodafone Ireland Limited, a company incorporated in Ireland, with registered office at MountainView, Leopardstown, Dublin 18. If you have any queries please contact us or get in touch via our online forum.
      These terms set out how you can use the Services (the “Terms”) and apply to you from the date you first start to use the Services to the date that we terminate the Services and you agree that any applicable cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000 in relation to any individual Service will cease as soon as Vodafone starts to provide the Service to you. You can see the latest version of the Terms at http://www.vodafone.ie/terms/index.jsp and we recommend that you print and keep a copy. If we make any changes to these Terms, we’ll make sure that we publish the changes on our website in accordance with applicable law.
    3. Your account and your information: When you use these services, your mobile phone number will be passed at a network level through to the location servers for the following purposes: to verify that you are entitled to use the relevant Service, to send you the information that you have requested from the relevant Service, to locate you in order to provide the information that you have requested, and to bill you via your network operator for the use of the relevant Service. Once the transaction that you have requested has been completed, the Service will remove your telephone number so that a history of your searches cannot be compiled over time. If we transfer our rights and obligations under these Terms to another Vodafone company (in accordance with paragraph 11), we will ensure that the other Vodafone company is subject to the same Terms regarding the use of your account and your information as set out in this paragraph. We will also ensure that your account and your information will be transferred to the other Vodafone company in a safe and secure manner and that the other Vodafone company will not be permitted to use your account or your information for any purpose not covered by these Terms.
      • the operation of aircraft or vessel navigation systems
      • the transport of any hazardous material
      • the provision of time critical logistics or fleet management
      • the operation of emergency vehicles
      • use within the military
      • use as part of air traffic control
      • any use that involves the bulk processing of data included as part of the Services for your or any third party's benefit, or
      • modification or the creation of derivative works of the content included as part of the Services.
      Use of service: You can only use the Services for your own personal use. Since Vodafone cannot ensure that the information included within the Services is complete, correct, up-to-date or available, you should not use the Services in connection with high risk or commercial activities, such as:
      Any guidance provided by the Services is a recommendation only and should not be considered an instruction. If the guidance deviates from local law, regulation or custom, you must always act in accordance, and take into consideration, such local law, regulation and custom and ensure that the safety of you and any third party is not put at risk.
    4. Third party terms and content: Some of Vodafone's third party content providers require you to comply with additional terms relating to their content that is included within the Services. Please review these terms carefully and make sure that you comply with them. Vodafone is not responsible for, and does not endorse, any third party content.
    5. Proprietary rights: Vodafone and its licensors own any and all proprietary rights in the Services and you shall not acquire any right in the Services with the exception of the right to use the Services in accordance with these Terms.
    6. Ending the service: You can stop using the Services at any time. If you use the Services in any way which breaches these terms or which may have an adverse impact on the service, other users or Vodafone, we may terminate your access to the Services. Vodafone may suspend or vary the Services immediately and without prior notice for any reason, including where repair or maintenance work is needed. We may add new features from time to time and have no obligation to offer any particular features made available via the Services. We can withdraw the Services, but will provide at least 30 days notice if we do so.
    7. What Vodafone is not responsible for: the Services are made available on an "as is" basis. You should check that your mobile device is compatible with the Services prior to registering. Vodafone shall not be responsible for any loss or damage that was not reasonably foreseeable by both you and Vodafone at the time you first registered to use the Services or which is out of Vodafone’s control. In addition, Vodafone shall not be responsible for (a) any third party content or services; (b) any loss of, or corruption to data to the extent that such loss or corruption is not caused by Vodafone; or (c) any loss or damage that you could have avoided or mitigated by being careful.
    8. Data charges: When accessing or using the Services, you will be responsible for all of your access and data charges in accordance with your price plan. Roaming charges apply for data usage when accessing the Services from abroad and will be charged in accordance with your price plan.
    9. Subscription charges: Where a subscription charge is payable for you to use certain features of the Services ("Chargeable Features") the price shall be the price advertised at the time of purchase and shall include Value Added Tax and any other applicable tax at prevailing rates from time to time. There is no minimum subscription period applicable to the Services (unless otherwise advertised). Vodafone or its nominated agent will collect any amounts due monthly in advance by adding the amount to your account if you are a bill pay customer or deducting it from your balance if you are a Pay as you Talk customer. If you have missed any payments you owe, we can suspend provision of the Chargeable Features to you without giving you notice.
      If you don’t have enough credit to pay your subscription your subscription will lapse and you will no longer be able to access the Chargeable Features. You can cancel your subscription at anytime by calling 1907 for Bill Pay, or 1747 (from a mobile)  or 1850 20 40 20  (from a landline) for Ready To Go, through the My Account pages on your handset or by visiting a Vodafone store. Once you notify us that you wish to cancel, you will no longer be charged and your subscription will lapse on the next renewal date. You will not be charged or (if you have paid in advance) you will be refunded for any period in which the Chargeable Features are unavailable to you other than as a consequence of your breach of these Terms.
    10. Legal rights: Nothing in the Terms shall affect any legal rights which you are always entitled to as a consumer and that you can not contractually agree to alter or waive. For more information about your legal rights contact your local consumer advisory body.
    11. General terms: We may allow another person to perform any of Vodafone's obligations under these Terms on our behalf. You agree that we may transfer our rights and obligations under these Terms to another Vodafone company without giving you further notice. If we transfer our rights and obligations to any other third party, we will inform you. We reserve the right at any time to disclose any information we consider necessary to satisfy any applicable law, regulation, legal process or governmental request. If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deleted from these Terms and the remainder of these Terms shall not be affected. Vodafone may provide you with notices by email, text, regular mail or website postings. These Terms and the use of the Services shall be governed and interpreted in accordance with the law of Ireland and you consent to the non-exclusive jurisdiction of the Irish courts, subject to any applicable law which provides otherwise in the event that you are a consumer.

    Sure Signal Terms and Conditions

    April 2011 Sure Signal port in offer

    This offer applies to ports to Vodafone on any 12 or 18 month pay monthly plan only in April 2011. The customer must retain and port their existing number to Vodafone bill pay to qualify for the free device. Sure signal remains the property of Vodafone at all times and must be returned in the event that the contract is not completed. Failure to complete the full contract duration may, at Vodafone’s discretion, incur a charge of €100 for the Sure Signal device, if not returned to Vodafone. Vodafone reserve the right to amend or withdraw this offer at any time.

    1. General Terms and Conditions of Vodafone Sure Signal Service

    ‘No Quibble’ Change of Mind Policy

    Vodafone operates a 30 day ‘no quibble’ change of mind policy in relation to the Sure Signal Service. To obtain the refund, the Customer must, within 30 days of connection of the Device, contact Vodafone’s Customer Care Team on 1907 and return the Device to the Freepost address provided by them. Where Customers have entered into a contract with Vodafone over the phone or the internet, this 30 day period includes the 14 day cooling off period provided by law.

    As Vodafone, or its third party licensor(s), retains ownership of the Device at all times, if the Customer does not return the Device to Vodafone within 30 days, we reserve the right to charge the Customer €100 by way of contribution towards the cost to Vodafone of the Device.

    1.1 These Terms and Conditions, as may be amended from time to time, together with the application for the Sure Signal Service constitute a legally binding contract (the "Contract") between Vodafone and the Customer. This Contract shall commence when Vodafone connects the Device to the Vodafone Network. Please note that various related Vodafone products and services and Third Party Services may be subject to additional terms and conditions which you are advised to read.

    1.2 This Contract is for your use of the Device and the Sure Signal Service. By using the Sure Signal Service you agree to follow and be bound by this Contract. This Contract does not cover your SIM card, minutes, texts, data or other services that we provide to you which are governed by separate agreements.

    1.3 This Contract is personal to the Customer. The Customer shall not assign or otherwise transfer the Contract in whole or in part. 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. Vodafone may freely transfer this Contract and/or any debts due under the Contract without notice.

    1.4 Vodafone reserves the right to alter any terms of this Contract 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. In the event of any such alteration, the Customer shall have the option to terminate the Sure Signal Service without penalty during the notice period, subject to payment by the Customer of all Charges due to date. Please note that Vodafone Agents are not authorised to amend this Contract or to agree any provision which is inconsistent herewith. Your continued use of the Sure Signal Service signifies your acceptance of any amendment.

    1.5 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 Contract in any other way. This Contract 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.

    1.6 Any notice which may be given by Vodafone shall without limiting the manner in which Vodafone may give such notice be deemed to have been duly given if the notice is sent to the Customer by ordinary post at the last notified address of the Customer on the second postal day after the date of posting or, if the notice is addressed to some or all Customers by advertisement, on the close of business on the day the advertisement appears in the national press. Notices may be incorporated in or associated with any other communication from Vodafone.

    1.7 If any provision of this Contract is held by any competent authority or by virtue of any change of legislation or for any other reason whatsoever to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision(s) in question shall not be affected thereby.

    1.8 A copy of Vodafone’s Customer Enquiries Code of Practice for initiating (a) settlement of disputes with Vodafone or (b) requesting a refund/replacement Device is available here . Vodafone at its sole discretion shall decide on a case by case basis whether a Customer is entitled to a refund/replacement Device 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.

    2. The Sure Signal Service and Device

    2.1 The Sure Signal Service is only compatible with the Vodafone Network and the Customer is advised that the Device will not operate on any other telecommunication networks. The Sure Signal Service must only be used in the location in which it has been registered within Ireland.

    2.2 The Customer must have a SIM card which is active on the Vodafone Network combined with a compatible 3G Mobile Device in order to access the Sure Signal Service.

    2.3 The Sure Signal Service, Device and/or the Vodafone Network Services must not be used for any purpose we believe is abusive, objectionable, illegal, fraudulent, a nuisance or for criminal activities. You must immediately notify us if the Device is lost or stolen or you are aware that the Sure Signal Device is being used for fraudulent or other illegal activities.

    2.4 Vodafone shall issue the Customer with and license the Customer to use the Device on the condition that the Device shall remain the property of Vodafone and shall be returned to Vodafone upon request. Vodafone may charge the Customer for the cost of checking, repairing or replacing a Device if damaged due to the negligent act or omission whilst in the possession of the Customer.

    2.5 The Customer is solely responsible for installing the Device, and providing a power supply to the Device, as well as providing Broadband, and any other equipment, hardware or software that may be required. The Customer is advised to refer to the ‘Quick Setup Guide’ supplied with the Device concerning installation and safety information and must read all instructions as well as safety and security information before installing the Device. The Sure Signal Service must be used in accordance with the guidelines, instructions and other specifications provided to you from time to time.

    2.6 The Customer acknowledges and agrees that the Device and the Sure Signal Service and all copyrights, trademarks and other intellectual property rights in the Device and the Sure Signal Service are the exclusive property of Vodafone or Vodafone’s third party licensors and the Customer shall not do or permit anything to be done to infringe or violate such property rights or title. The Customer shall notify Vodafone immediately if the Customer becomes aware of any unauthorised use of the whole or any part of the Device and the Sure Signal Service.

    2.7 Vodafone reserves the right to change the operating mode of your Sure Signal Service. Sure Signal service is provided in Closed Mode allowing only registered numbers to connect to the Sure Signal Device. Such number shall be advised by Vodafone from time to time. The Customer agrees that it is responsible for use of the Sure Signal Service. It is the Customer’s responsibility to ensure compliance with the terms of this Contract at all times.

    2.8 Vodafone shall endeavour to connect the Customer to the Sure Signal Service within five working days of signing-up to the Sure Signal Service. The Sure Signal Service and related Vodafone products and services is subject to certain limitations, including the proximity of base stations and circumstances beyond Vodafone’s reasonable control including, but not limited to, geographic and atmospheric conditions and the functional capability of the Customer’s Mobile Device. Vodafone does not represent or warrant that the operation of the Sure Signal Service or related Vodafone products and services will be uninterrupted, timely, secure or error-free or that it will meet any Customer’s specific requirements. In particular Vodafone does not represent or warrant that Calls will not be dropped, 3G sessions will not be lost, transmission of data calls shall occur at any particular speed or that all traffic can or will be transmitted by the Vodafone Network. Vodafone does not accept responsibility for the security of 3G or GPRS Sessions. The Customer conducts any 3G or GPRS Session at its own risk and is solely responsible for adopting such appropriate security measures against unauthorised access to and interference with the Device (or associated software/hardware and data) as may be necessary.

    2.9 Vodafone may modify, suspend or terminate the Sure Signal Service or the Vodafone Network Services wholly or partially, with or without notice, if such action is deemed necessary by Vodafone (e.g. for maintenance, security or other valid reasons) or if Vodafone is requested by an authorised authority or required to do so by legislation or for technical, maintenance, security or other valid reasons. All reasonable efforts shall be made to minimise such service disruptions. The Customer shall remain liable for all Charges during any such disruptions unless Vodafone decides otherwise.

    2.10 Vodafone reserves the right, without prejudice to any other provisions of this Contract, to issue such reasonable instructions concerning the use of the Sure Signal Service as may be necessary in the interests of safety, quality of service, other customers or telecommunications services as a whole, or for any other valid reason Vodafone deems sufficient.

    2.11 Vodafone makes no representation and gives no warranty as to the content, quality, availability, suitability or timeliness of any Third Party Service. Vodafone reserves the right to suspend or withdraw access to all or any such Third Party Services on a temporary or permanent basis at any time. The Customer’s use of such Third Party Services is at the Customer’s sole risk and Vodafone shall not be responsible or liable for any loss or damage suffered by the Customer arising from the use of such services. Vodafone may be required to bill the Customer for such services.

    3. Payment

    3.1 The Customer shall be liable for all Charges incurred by the Customer personally or otherwise through the use of the Device calculated according to the relevant charging option, (whether or not incurred by the Customer personally), and for all costs (on a full indemnity basis) incurred in enforcing the Contract, including administrative costs and the cost of collecting any payments. The loss of or inability to use the Device or the Customer’s Mobile Device (or the termination of the Customer’s contract for Vodafone Network Services) does not automatically bring the Contract term or the Customer’s liabilities under this Contract to an end. Similarly the termination of this Contract does not automatically bring the Customer’s contract with Vodafone for Vodafone Network Services or the liabilities under such Contract to an end.

    3.2 Vodafone may from time to time vary the Charges, rates or methods of payment and the terms of same. Vodafone reserves the right to cease offering and/or replace its tariff plans from time to time. Existing tariff plans may not always be available. You are advised to read the relevant Vodafone tariff rules and rates, which are available from Vodafone, before completing this application form.

    3.3 All Charges, deposits or advance payments payable by the Customer shall be discharged in such manner, time or methods as Vodafone may designate. Vodafone reserves the right at any time to set-off all or part of any sum owing by the Customer to Vodafone against any sum due by Vodafone to the Customer whether under this or any other contract with Vodafone.

    3.4 Vodafone will issue electronic invoices to the Customer over the internet, unless the Customer has also contracted with Vodafone for the supply of fixed broadband or landline services and has opted to receive invoices by post in connection with that service. VAT at the appropriate rate shall be added to all invoices unless otherwise specified. Vodafone may for operational reasons change its invoicing methods and periods and issue interim invoices. All Charges and other payments must be paid by the due date specified on the invoice. Where payment of Charges is not made by such due date, Vodafone may apply interest on sums due at the rate of 2% above the then prevailing base rate of Allied Irish Bank plc. from the due date until the date of payment.

    3.5 Vodafone may group the individual accounts of the Customer into a single consolidated account for billing and administrative purposes. Vodafone may provide additional services to the Customer which may be chargeable. Where the Customer’s account has not been maintained in a manner satisfactory to Vodafone, Vodafone reserves the right to refuse to provide or to modify such additional services.

    4. The Sure Signal Service and Your Broadband

    4.1 The Sure Signal Service is entirely dependent on your Broadband connection. Any service interruptions or power interruptions to your Broadband or power supply will prevent or alter the proper functioning of the Sure Signal Service and availability of the Vodafone Network Services. Unless we have agreed to provide you with Broadband under a separate agreement, we are not responsible for the provision or availability of your Broadband. We are not able to provide any kind of support, whether technical or otherwise in respect another provider’s Broadband. If you have any concerns as to your Broadband compatibility or connectivity you should consult your Broadband provider or documentation.

    4.2 Heavily utilisation of your Broadband connection (via other connected devices) may adversely affect the quality of the Sure Signal Service. Certain Broadband providers may through modems or other systems prevent the proper functioning of the Sure Signal Service. We make no representation that the Sure Signal Service is compatible with all Broadband services. If you find that the Sure Signal Service does not operate to your satisfaction, please avail of the 30 day ‘no quibble’ change of mind policy.

    5. Making Calls to the Emergency Services

    5.1 You may not be able to make an emergency call if the Device does not have adequate power supply, Broadband connectivity, or there is some other kind of service disruption. Please do not solely rely on the Sure Signal Service to make emergency calls. Vodafone recommends that customers have alternative facilities in place to make emergency calls in the event of the Device failing and the unavailability of the Mobile Network, for any reason.

    6. Customer Information

    6.1 Customer information, including traffic data (data relating to the conveyance of calls and the billing of such calls, including data relating to the routing, duration or time of calls, the location of equipment making or receiving calls, the network on which calls originate or terminate and the time of the beginning or end, or the duration of the connection to that telecommunications network) may be processed by Vodafone for its own business purposes. By entering into this Contract, the Customer explicitly consents to the use of Customer information for these purposes which include account management, account consolidation, billing, debt collection, credit assessments, market research, customer profiling, product and service development, product and service marketing and customer care and other legitimate business purposes.

    6.2 Personal information will be retained for no longer than is necessary for the purposes of providing the Sure Signal Service and in accordance with the terms of this Contract. Please note that Customer calls to Vodafone Customer Care may be recorded for training and quality control purposes.

    6.3 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 Sure Signal Service and also to third parties (including credit bureau 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.

    6.4 Vodafone or Vodafone Agents may from time to time contact the Customer by post, telephone, e-mail or text message regarding details of specific promotions or information on various Vodafone products or services. The Customer hereby explicitly consents to such contact while the Customer is availing of the Sure Signal Service and for a period of 12 months after the Customer ceases to avail of the Sure Signal Service. If the Customer does not wish to receive details of such promotions, the Customer should contact Vodafone Customer Care.

    6.5 Vodafone shall not provide the Customer with any statements in relation to their Account or records of Calls made or received in the normal course of the Sure Signal Service.

    6.6 Vodafone will require the Customer to provide an address where the Device will be installed in order to minimise any radio interference with the Sure Signal Service. In the event that this location changes, it is the responsibility of the Customer to provide the updated address to Vodafone . Vodafone will access the Sure Signal Service from time to time remotely in order to provide the Customer with updates to the Sure Signal Service.

    7. Suspension / Termination

    7.1 Vodafone may immediately, without notice, suspend the Sure Signal Service to the Customer wholly or partially for any valid reason, including without limitation, where:

    1. the Customer fails to pay Vodafone any sums due under this Contract or any other contract with Vodafone on the due date specified in an invoice, notwithstanding the issue of any invoices thereafter; or
    2. 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
    3. the Customer fails to observe any term or obligation set out herein or any relevant law; or
    4. 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 Sure Signal Service or (b) is or is likely to have an adverse impact on the quality of the Sure Signal Service, the integrity of the Vodafone Network or any communications system operated by Vodafone.

    7.2 During any period of suspension of the Sure Signal Service the Customer shall remain liable for all Charges unless Vodafone decides otherwise. Vodafone reserves the right to reconnect the Customer to the Sure Signal Service and to levy a fee on each suspended subscription and/or require revised payment terms (including security payments).

    7.3 The term of this Contract shall be for the Minimum Period. This Contract may be terminated by either party giving to the other at least 28 days written notice and, in the case of porting, upon the completion of the porting process. In the absence of such notice this Contract shall be deemed to continue on from month to month based on the Terms and Conditions herein following expiry of the Minimum Period.

    7.4 Notwithstanding any other provision contained herein, Vodafone may by written notice terminate this Contract with effect from the date set out in the notice and thereupon cease to provide the Sure Signal Service to the Customer, where:-

    1. there is a serious failure by the Customer to observe or perform any term or obligation set out herein (and in particular the Customer obligations referred to in this Contract) or any relevant law;
    2. the Customer fails to rectify a situation which has given rise to a suspension of the Sure Signal Service under Clause 7.1, within 14 days of the suspension being imposed ;
    3. the Customer supplies at any time false, inaccurate or misleading information to Vodafone;
    4. the Customer is adjudicated bankrupt, becomes insolvent or makes any composition or arrangement with or assignment for the benefit of creditors;
    5. any meeting of the Customer’s creditors is called pursuant to Section 266, Companies Act, 1963 (as amended) or if the Customer enters any liquidation or has a receiver of its assets or a provisional liquidator appointed or should a petition for winding up be presented or advertised or a petition for the appointment of an examiner be presented; ;
    6. if for any reason Vodafone is unable to provide the Sure Signal Service to the Customer.

    7.5 Where the Contract is terminated all Charges will continue to accrue and be payable either until the end of the 28 day notice period (where termination is pursuant to Clause 7.2) or until the date of termination (where termination is pursuant to Clause 7.3). The Customer is advised that in certain circumstances Vodafone may become aware of outstanding Charges after the date of the invoice issued on termination. In these circumstances, Vodafone shall be entitled to raise subsequent invoices and the Customer shall be obliged to discharge all such invoices by the due date specified on the invoices. Notwithstanding the foregoing, if the Contract is terminated under Clauses 7.2 or 7.3 during the Minimum Period, the Customer shall, following Vodafone’s invoice, pay a termination charge calculated as the sum of the monthly tariff charges, where applicable, which would otherwise be payable until the end of the Minimum Period.

    7.6 Upon suspension or termination of the Contract, Vodafone shall disconnect the Device from the Vodafone Network and the Customer shall return the Device to Vodafone to the Freepost address available from the Customer Care Team. Failure to return the Device within 30 days may result in Vodafone applying a charge of up to €100 to the Customer. Where Vodafone exercises any of its powers under this Clause 7, such exercise shall not prejudice or affect the exercise of any other right or remedy which may be available to Vodafone.

    8. Exclusion of Liability

    8.1 Insofar as it is permissible by law, Vodafone shall not be liable for any injury, loss or damage, whether foreseen or unforeseen, directly resulting from:-

    1. any failure, interruption, delay, suspension or restriction in providing the Sure Signal Service to the Customer which is due to any act of God, government control restrictions or prohibitions, any other act or omission of any public or regulatory authority (whether local, national, international or supranational), an act of default of any supplier, agent or other person, strikes, work stoppages or labour disputes or any other cause whatsoever which is beyond the reasonable control of Vodafone;
    2. any unlawful or unauthorised use of or access to the Vodafone Network, Sure Signal Service or Vodafone Network Service, Device or Mobile Device by the Customer or third parties;
    3. any claim arising out of any act or omission by the Customer, its servants or agents or arising out of any reliance placed by such persons on the content of any Call;
    4. any valid suspension of the Sure Signal Service or termination of the Contract;
    5. any loss or theft of the Device or malfunction of the Device;
    6. any claim arising in relation to the provision (or non-provision), maintenance or use of the Sure Signal Service, Device, telecommunications lines, channels, equipment, networks or services or arising out of Calls being dropped or 3G connections being lost for any reason;
    7. any claim arising out of or resulting from the quality of fitness for the purpose of, compliance with description of, or compliance with sample of any goods supplied to a Customer unless the Customer “deals as a consumer” within the meaning of the Sale of Goods and Supply of Services Act 1980.

    8.2 Vodafone will not be liable for any indirect or consequential loss or damage whatsoever, whether it is foreseen or unforeseen, including but not limited to loss of profits, data, revenue, business, anticipated savings or goodwill. Nothing herein shall have the effect of excluding or limiting the liability of Vodafone for death or personal injury resulting solely from its act or omission. Otherwise, any liability of Vodafone to the Customer pursuant to this Contract shall not exceed the sum of €500 per claim.

    8.3 Vodafone will not be liable for the effects upon the Customer, or upon any electronic or radio systems in equipment, vehicles or aircraft in the Customers vicinity, of any emissions or transmissions to, from, through or by our Vodafone Network and/or any Mobile Device or the Device.

    8.4 Vodafone accept no liability whatsoever for any product or service advertised or promoted, offered or sold by third party service providers for use on the Vodafone Network or otherwise, including any mobile phone or other equipment used in conjunction with the Sure Signal Service.

    8.5 Vodafone shall exercise such reasonable skill and care in the provision of the Sure Signal Service as may be expected of a reasonably competent mobile telecommunications operator. Except as expressly provided in the Contract, all conditions, terms, warranties and representations whether express or implied by law in relation to the provision of the Sure Signal Service are excluded to the fullest extent permitted by the applicable law.

    9. Definitions

    The following words and expressions have the following meanings:

    • “3G Device” means a mobile handset capable of establishing an internet session using 3G technology or making a voice call on using 3G technology;
    • “Account” means the Customer's Vodafone mobile telephony, broadband or landline account;
    • “Broadband” means the fixed broadband internet services to which you may subscribe;
    •   “Call” means a transmission made over a telecommunications network for the purpose of communicating a voice or data message (which includes, without limitation, short text messages, multi-media messages and calls to WAP services);
    • “Charges” means the charges for the Sure Signal Service as published in Vodafone’s periodically updated tariff guides including, but not limited to, service options, tariff charges, and administrative charges;
    •  “Closed Mode” means an operating mode within which a customer selects and therefore restricts the mobile telephone numbers that can connect to and make calls (voice or data) over the Sure Signal Device;
    • “Customer” means the customer who is connected to the Vodafone Network by Vodafone;
    • “Device” means the Vodafone Sure Signal Femto cell device and related accessories that we may supply with the Device;
    • “Minimum Period” means such period specified on the Customer Application Form or in the absence of any period therefore 18 months commencing on the date of connection of the Device to the Network;
    • “Mobile Device” means the mobile phone or other equipment and the SIM card used to access the Vodafone Network;
    • “Mobile Network” means the Vodafone 2G/3G mobile macro network;
    • “Open Mode” means an operating mode within which any Vodafone mobile customer within range can connect to and make calls (voice or data) over the Sure Signal Device;
    •  “Sure Signal Service” means the enhanced (when the Mobile Device is within range) 3G Vodafone Network Services provided through the Device;
    •  “Third Party Service” means any service promoted or provided by third parties to the Customer over the Vodafone Network;
    • “Vodafone” means Vodafone Ireland Limited whose registered office is at Mountain View, Leopardstown, Dublin 18;
    •  “Vodafone Agent” means any person authorised to promote and sell the Vodafone Network Service, the Sure Signal Service or carry out business activities on Vodafone’s behalf;
    • “Vodafone Network” means the electronic communications systems used by us to offer the Vodafone Network Services;
    • “Vodafone Network Services” means the communications services you receive via the Vodafone Network, including voice, text and data services;
    • “we”, “our” or “us” means Vodafone Ireland Limited. “you” or “your” means the individual who has registered their details with us as the subscriber to and user of the Sure Signal Service.

    Vodafone Shared Mobile Broadband For Business Terms and Conditions

    The following terms and conditions apply to use of the Vodafone Shared Mobile Broadband service and are in addition to and form part of the general customer terms and conditions of the Vodafone Ireland Limited ("Vodafone") that relate to the use of Vodafone mobile telecommunications services and, in particular, use of the Vodafone Mobile Connect Card/Data Services. In the event of any conflict between these terms and conditions and the terms and conditions set out above these terms and conditions shall prevail in respect of the Vodafone Shared Mobile Broadband Service.

    Customers should note that the Vodafone Shared Mobile Broadband Tariff is only available to mobile data customers of Vodafone Ireland ("Customers") and allows Customers data usage services (subject to these terms and conditions) via their mobile phone account.

    1. Existing Customers on Mobile Connect Card or the Unlimited Data tariff can migrate to the Vodafone Shared Mobile Broadband tariff by contacting their account manager, phoning the business helpdesk on 1907 or calling into a Vodafone Retail store or accredited agent.
    2. Vodafone Shared Mobile broadband Tariff shall be made available to the Customer from the next bill day following sign up.
    3. You agree that to be eligible for the Tariff you must have more than one to five mobile broadband connections on the Tariff however if you add an additional bundle you will be able to add more modems.
    4. It is a condition of the Tariff that the user of each mobile broadband connection is your employee. In the event that the user of that connection is not your employee, Vodafone reserves the right to migrate the relevant connections onto a prepaid price plan. We will notify you of this change by phone or email. If you contact us within 30 days of notification you may choose the price plan to which we migrate your relevant connections. Vodafone may from time to time require you to confirm that all your connections are used principally by your employees.
    5. You agree not to resell, sub-licence or attempt to resell, sub-licence or otherwise exploit commercially the Tariff, or the Service or any part of the Service provided under this Tariff.
    6. A monthly shared data download allowance of 5 gigabytes (Gb) applies. Usage in excess of 5 GB per month will be charged at 2c (VAT Inc.) per megabyte.
    7. Customers on the Tariff can choose to tailor it through the addition of Add Ons which are available with this Tariff. Add extra data bundles for 5GB for only €10/10GB for €20.
    8. Vodafone reserves the right to take such action as it considers reasonably necessary, including (but not limited to) imposing a usage bar, suspending or terminating access to the Vodafone Shared Mobile Broadband service where Vodafone (as it in its sole discretion shall determine) considers that:
      1. such action is in the Customer's best interests, including (but not limited to) avoiding unusually or excessively high billing invoices;
      2. the Customer represents a credit risk to Vodafone;
      3. a Customer's use of the service is or is potentially:
        1. fraudulent or illegal; or
        2. adversely affecting the Vodafone Network or other Vodafone customers' ability to use or access other Vodafone services provided using the Vodafone Network.
    9. Vodafone reserves the right to withdraw the Vodafone Shared Mobile Broadband Tariff generally or from any particular Customer at any time and to vary or amend any element of the Vodafone Shared Mobile Broadband Tariff at any time without further notice. These terms and conditions may be varied or amended by Vodafone for any valid commercial technical or operational reason.
    10. Any unused data within a monthly data download allowance can not be carried over from one month to the next.
    11. Data Roaming is excluded from the Vodafone Shared Mobile Broadband Tariff.
    12. The same return policy applies for new and 'As New' Modems.
    13. If for any reason you wish to return your Vodafone Mobile Broadband modem to the store, you can do so within 7 days and receive a full refund. You will also receive a full refund of your first month's 3G Broadband Price Plan and no termination charges will apply. Just remember that, in order to avail of this returns policy, the modem must not be faulty due to damage caused to it whilst in your possession and must be returned complete with proof of purchase, packaging, cables, software CD and user guide.
    14. Vodafone continuously monitors network performance to ensure that the service received by customers is not impacted through a minority of users placing high demand on network resources (e.g. large bandwidths over long periods). Any such high-demand users can expect to experience reduced speeds at peak times (typically 4pm - midnight). Peak times are subject to ongoing change based on actual network demands. This service does not support ‘calls over the internet' or data sharing for any new customers or customers upgrading their tariff or Equipment from 31 March 2010 onwards. If you want to use data services like making calls over the internet or sharing data files over the internet you should choose a tailored add-on.

    Vodafone Office Control Terms and Conditions

    The 6 months free broadband offer is available to Vodafone business mobile customers who do not already have a Vodafone fixed line. The offer is available for a limited time only and is subject to entering a minimum term fixed line contract of 18 months. 3 months free broadband is available for non-Vodafone mobile customers. Price reverts to €59.99 after offer period of 6 or 3 months respectively.

    1. The following terms and conditions of the Vodafone Office Control for Business Unlimited Tariff (the “Tariff”) are in addition to and form part of the General Terms and Conditions of the Vodafone Fixed Line and Fixed Broadband Services. In the event of any conflict, these terms and conditions shall prevail.
    2. The price plan is for a minimum of 12 months, as agreed by the customer via a signed contract, or an e mail/ on-line sales process, or a telephone conversation with a Vodafone agent as the case may be.
    3. The Tariff is available to single line business customers only.
    4. The €59.99 price point applies to existing Vodafone mobile customers only.
    5. Customers may use the Tariff to make unlimited calls to national numbers in the Republic of Ireland (including mobile numbers, landline numbers) and Northern Ireland landline numbers with the prefix 048 and 028. Calls to certain numbers are excluded from the Tariff (including: international numbers, LoCall (1890) numbers, CallSave (1850) numbers, FreeFone (1800) numbers, directory enquiry services, easi-connect and premium rate numbers, WAP, e-trieve and Vodafone mobile ISP numbers).
    6. The Tariff is subject to a fair usage policy, which is defined by as follows:
      Type of call/broadbandMonthly fair usage policy
      Calls to local, national and UK landline numbers1,500 minutes
      Calls to any network ROI and UK mobile numbers1,500 minutes
      BroadbandUpload and download of 300GBytes per month. If you exceed this usage allowance, Vodafone shall be entitled to charge 1c /MByte for any additional usage.
    7. All inclusive calls apply for the first 60 minutes. After this calls will be rated at the standard rates. To avoid these call charges simply hang up in the 59th minute and redial.
    8. The call thresholds are set in accordance with the average customer usage and are regularly reviewed to ensure their suitability. Usage in excess of the fair usage policy thresholds will be charged at the standard rates. If, in the reasonable opinion of Vodafone, your usage is deemed excessive or unreasonable, we may ask you to moderate your usage. If, after we have asked you to moderate your usage, you fail to do so, we reserve the right to transfer you to a tariff which does not include unlimited calls or to suspend or terminate your Service provided under this Tariff.
    9. Under no circumstance are the types of calls listed below included within the Tariff. All such calls will be charged for at Vodafone's standard rates
      1. Calls to or from any Mobile Gateway or ‘SIM box’ (as described in ComReg Information Notice 15/03)
      2. Calls hosted via a ‘Prolink’
    10. If you transfer your broadband service to another operator, your phone service will migrate automatically to our Vodafone Office Phone service. If you have ordered broadband service becomes ineligible for broadband we will activate you automatically on our Vodafone Office Phone service.
    11. You agree not to resell, sub-licence or attempt to resell, sub-licence or otherwise exploit commercially the Tariff, or the Service (as described in the General Terms and Conditions of the Vodafone Mobile Telecommunications Service) or any part of the Service provided under this Tariff.
    12. Customers on the Tariff cannot carry over any remaining minutes or texts to the next month.
    13. Customers migrating to the Tariff cannot carry over any remaining minutes or texts from a previous tariff. Customers migrating from the Tariff cannot carry over any remaining minutes or texts to a new tariff.
    14. The contract term for the Tariff is 12/18 months. Customers wishing to cancel their subscription to the Tariff during the contract term will be charged a cancellation charge. This charge will be calculated by multiplying the number of remaining months in contract by the subscriber monthly rental charge. In addition, Vodafone reserves the right to recover any unique investment given to you, the customer, in the form of loyalty credit, free/subsidised hardware or bespoke tariff offering. This investment will be recovered on a pro-rated basis for the months remaining in your contract. Customers may terminate this contract as set out in the general terms and conditions under which you enjoy access to Vodafone's mobile telecommunications services. At the end of the contract term, this contract will automatically roll-over on a monthly basis until terminated by either the customer or Vodafone upon 28 days' written notice.
    15. Vodafone reserves the right to withdraw the Tariff either generally or in respect of any particular customer at any time and to vary or amend any element of the tariffs at any time without further notice. These terms and conditions may be varied or amended for any valid commercial, technical or operational reason.
    16. The €59.99 tariff rate is ex vat and is applicable to all Vodafone customers.

    Vodafone Broadband Max terms & conditions

    1. The following terms and conditions of Vodafone’s Broadband Max are in addition to and form part of the terms and conditions relating to the Vodafone At Home product (Vodafone Landline and Fixed Broadband Services “Standard Terms and Conditions”):
    2. In the event of any conflict, these terms and conditions of the Vodafone Broadband Max product will prevail.
    3. This product supports voice but does not include any voice minutes. All calls made using this product will be charged as per the standard Vodafone at Home tariff sheet as out of bundle calls on a per minute basis.
    4. This product is subject to an 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. The monthly allowance for this product is 15GB per month.
    8. 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.
    9. Promotional Pricing –Vodafone mobile customers will be entitled to avail of a promotional price of €29.99 per month. Standard price for Non-Vodafone customers is €31.99 per month.
    10. Existing Customers can migrate to this product but will incur a one off migration charge of €25.
    11. The following value add services and add ons are the only items available with this product:
      1. F-secure,
      2. the 30GB and 150GB usage add ons and
      3. DECT handset
      4. And such other add ons and value add services as Vodafone may decide from time to time.
    12. In circumstances where the customer terminates this contract during the 18 month minimum term a termination charge will applying calculated as follows: MONTHLY RECURRING CHARGE X NUMBER OF MONTHS REMAINING IN THE MINIMUM TERM

    Smart Start-Up Network Terms and Conditions (Phase 1)

    This agreement between you and Vodafone Ireland Ltd. (“Vodafone”) regulates your use of the Vodafone Smart Startup Network, software, services, and websites (the “Service”). By using the Service you agree to be bound by these Terms.

    Vodafone Smart Startup Network services may continue to change over time as Vodafone develop and add more features. Vodafone may stop, suspend, or modify these services at any time without prior notice to you. Vodafone may also remove any content from the Service at our discretion.

    This phase of the service allows users to register for updates on upcoming seminars being help around Ireland as part of the Vodafone Smart Startup Network Programme.

    Vodafone does not claim ownership of the information you submit or make available on the Service. However, by using the Service you consent and agree that Vodafone may collect, use, transmit, process and maintain information related to your account and any registered devices, for the purposes of providing the Service, and any features therein, to you.

    Vodafone shall use reasonable skill and due care in providing the Service, but does not guarantee that any messages transmitted as part of the Service will not be subject to unintentional failure to send, damage, corruption, loss or destruction, or removal in accordance with the terms of this agreement. Vodafone does not accept responsibility or liability should any such incident occur.

    Vodafone reserve the right to suspend or terminate anyone’s account at any time, with or without cause, and with or without notice. Cause for such action shall include: (a) violations of this agreement or any other policies or guidelines created for the Service; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) unexpected technical or security issues or problems; or (e) your participation in fraudulent or illegal activities.

    Nothing in this Agreement shall be construed to convey to you any interest, title, license, or similar resource used by you in connection with the Service.

    You cannot reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

    We reserve the right to revise these Terms from time to time and the most current version will always be posted on our website. For material changes Vodafone may send an email to the primary address associated with your account notifying you of such. It is your responsibility to check the website and/or your primary email address for any such notices. By continuing to access or use this service after revisions become effective, you agree to be bound by the revised Terms.

    Vodafone Simply Broadband terms & conditions

    1. The following terms and conditions of Vodafone’s Simply Broadband are in addition to and form part of the terms and conditions relating to the Vodafone At Home product (Vodafone Landline and Fixed Broadband Services “Standard Terms and Conditions”):
    2. In the event of any conflict, these terms and conditions of the Vodafone Simply Broadband product will prevail.
    3. This product supports voice but does not include any voice minutes. All calls made using this product will be charged as per the standard Vodafone at Home tariff sheet as out of bundle calls on a per minute basis.
    4. This product is subject to an 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. The monthly allowance for this product is 15GB per month.
    8. 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.
    9. Promotional Pricing –Vodafone mobile customers will be entitled to avail of a promotional price of €29.99 per month. Standard price for Non-Vodafone customers is €31.99 per month.
    10. Existing Customers can migrate to this product but will incur a one off migration charge of €25.
    11. The following value add services and add ons are the only items available with this product:
      1. F-secure,
      2. the 30GB and 150GB usage add ons and
      3. DECT handset
      4. And such other add ons and value add services as Vodafone may decide from time to time.
    12. In circumstances where the customer terminates this contract during the 18 month minimum term a termination charge will applying calculated as follows: MONTHLY RECURRING CHARGE X NUMBER OF MONTHS REMAINING IN THE MINIMUM TERM

    Vodafone Select Terms & Conditions

    What is Vodafone Select?

    • Vodafone Select is a new service from Vodafone which sends targeted and relevant messages to you, the consumer, based on your permission and preference. From time to time we will send you a range of different messages, from brands you might be interested in, to help inform you about the service, or simply for you to tell us what you’re into. It’s not just offers and promotions but messages from your favourite brands including new products, discounts, limited offers, free gifts, and more.
    • Vodafone Select works by using information about you to send you targeted messages relevant to you.

    Who qualifies?

    • Vodafone Select is available to Vodafone Ireland mobile customers.

    How do you join?

    • To opt in to this service freetext JOIN to 50199. By doing this you agree to these Terms & Conditions of the service.

    How do I Opt Out?

    • If you decide at any time that you no longer want Vodafone to send you messages and share this data, you can leave Vodafone Select by free texting STOP to 50199.

    How many messages will I receive from Vodafone Select?

    • That depends on your preferences. We will send you a range of profiling questions which you can tailor to your interests. The more areas of interest you select, the more messages you’ll receive. Remember, you can change your preferences any time. Simply freetext UPDATE to 50199 at any time and follow the instructions.

    What are the targeted messages based on with Vodafone Select?

    • Information you have already agreed to share with Vodafone (e.g. age, gender) and your mobile device (e.g. type, model)
    • Your preferences gathered through the profiling messages we send to you. (You can keep your profile up-to-date by texting UPDATE to 50199.)

    By opting in to this service we may also send you targeted messages based on:

    • How, when and where you use your mobile device (including who you contact and who contacts you), and how much this costs you.
    • Information held by other companies , matched with data which we hold about you.
    • We may also share this information in a non-identifiable and aggregated form with third parties. For example, market research organisations, or to help third parties target design their marketing campaigns. This does not include your personal data or any other data which could identify you or enable them to contact you.
    • If you decide at any time that you no longer want Vodafone to send you target messages and share this data, you can leave Vodafone Select by texting STOP to 50199.

    Pricing

    • As long as you are in Ireland, subscribing to Vodafone Select is completely free and it’s always free for you to receive and reply to the messages we send you as part of the service. If you are outside Ireland then roaming charges may apply. To pause the service freetext PAUSE to 50199. To resume the service freetext RESUME to 50199.
    • Data charges may also apply if you connect to any links contained in the messages.

    Exclusion of Liability

    • Vodafone do not accept any liability for any of the products or services offered by the various brands advertised, nor will Vodafone and the customer enter into any contract for the provision of these products or services.

    Vodafone Retail Returns Policy

    Our retail returns policy must be facilitated within a Vodafone Retail Store.

    Faulty Phone Returns (dead on arrival) within 28 days of purchase

    If a fault develops with a mobile phone within 28 days of purchase, you can return your mobile phone and we will exchange it for the same model phone. The fault must be confirmed as a manufacturing fault by the manufacturer and you must provide the following: -

    • The original till receipt
    • The complete packaging
    • The handset and charger - without any physical damage incurred

    Change of Mind Returns

    We are happy to provide a refund or exchange within 14 days of purchase if you return with the phone, as sold and you must provide the following:-

    • The original till receipt
    • The complete packaging – unopened with shrink wrap intact
    • The handset and charger – unused

    Please note: If a Pay as you Go phone has been registered for credit, we cannot provide an exchange or refund due to change of mind.

    Next Generation Access/Fibre Broadband Services

    1. These terms and conditions regulate your use of the Vodafone Next Generation Access Fibre Broadband Service (the “Service”). These Service specific terms and conditions apply in addition to the Fixed Line and Fixed Broadband Terms and Conditions and any additional Service conditions which you have signed up to. By signing up to the Service you agree to be bound by these Terms.
    2. The service is subject to availability based on local exchange upgrades and is not universally available to all customers.
    3. The Service allows Customers to avail of faster broadband speeds for use with other Vodafone Services.
    4. In order to avail of the Service you must have a new high speed phone port installed in your home or business. You must also facilitate an engineering install at your home or business premises as set out below.
    5. You will be required to sign a 12, 18 or 24 month contract with us for the Service. During this Contract period, you cannot recommit to a subsequent contract where the new contract end date is before the original agreement end date.
    6. 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
    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. Service Speeds

    9. The Service speed is dependent on a variety of factors. Vodafone does not make any guarantee or accept any liability in respect of Service speeds. The customer accepts that the Service speed may vary from time to time. Vodafone shall provide a Service speed of up to 100Mbps in Fibre Broadband Enabled areas as determined by Vodafone, but ‘up to’ speeds are not guaranteed. In areas where Fibre broadband is not available, Vodafone will provide you an Up to speed of 24Mbps, provided you are within an enhanced broadband area as determined by Vodafone. In all other areas we will provision your line with a maximum speed of up to 7.168Mbps.
    10. Service Fit Out

    11. Every new Service order request will require an engineer install to fit the Service hardware at the master socket in the customer’s home or business premises (“Service Fit Out”). The Service Fit out will commence with an overview of the customer’s home or business premises (“Customer’s Premises”) to ensure that the socket can support the service. The Service Fit out will require works to be carried out on the Customer’s Premises, which will include a change of phone socket in the wall and any other works which may be required to complete the Service Fit Out as deemed necessary by the engineer. The Service Fit Out will be completed by an agent on behalf of Vodafone. Vodafone does not accept any liability whatsoever for any loss or damage that may occur to the Customer’s Premises during the Service Fit Out.
    12. The Customer must have the Customer Premises ready and safe for the engineer to arrange the Service Fit Out. At the time of placing its order where a Customer has requested that an extension kit be installed the Customer accepts full responsibility to ensure that there is a clear and safe environment for the engineer to carry out the Service Fit Out. This includes moving any furniture likely to obstruct the path of the extension kit cable prior to the arrival of the engineer. Under no circumstances will an engineer engage in such activity and Vodafone reserve the right to charge for any additional time spent on site by the engineer as a result of having to wait, or as a result of having to reschedule the appointment due to the Customers’ Premises not being ready for the Service Fit Out.
    13. Modem Install –As part of the Service Fit Out the customer will require a new Modem in order to receive the Service. It is the Customer’s responsibility to have the Modem at the Customer Premises prior to the Service Fit-Out.
    14. Vodafone may also provide a Walk Away Working Service An additional charge will apply for this Service. A Walk Away Working service consists of one device connected in your home or business that ensures that the customer can browse the internet. The Walk Away Working service will consist of unpacking the modem and connecting one customer device to the broadband connection.
    15. Service Fit Out Appointments

    16. In order to arrange a Service Fit Out appointment the Customer must sign up to the new service via a 12, 18 or 24 month contract. The customer will then be notified with an appointment date and time (AM/PM). If a customer wishes to reschedule this initial appointment, they can do so without charge until 4pm on previous working day, prior to the appointment.
    17. The Customer will be liable to pay a cancellation/penalty charge to Vodafone in each of the following cases;
      • If a Customer has not provided the necessary cancellation notice period in respect of the scheduled Service Fit Out Appointment (i.e. Up to 5pm of the previous working day) or does not answer his/her phone within 10 minutes of the scheduled Service Fit Out Appointment;
      • If an engineer cannot gain access to a customer’s site due to a 3rd party access issue, for example within an apartment block;
      • If the Customer refuses to allow the engineer onto their property on the agreed appointment date;
      • In the event an extension kit is required and the Customer Premises has not been cleared for the engineer to work. This can include the removal of furniture or carpet etc.
      • Where the environment is considered dangerous or unsafe to the engineer, the works may not proceed but the cancellation/penalty charge may be levied regardless. If a customer has selected an engineer install for Walk-Away Working, but has failed to collect their modem from the post office, this charge will be levied against the customer.
    18. For a full list of additional charges which may include some of the following charges (depending on the service you require) please see the list below or refer to http://www.vodafone.ie/home-phone-broadband/charges
      • Landline connection
      • Installation fee
      • Engineer modem installation
      • Missed engineer appointment
      • Disconnection
      • Service Upgrade
      • Service Downgrade
      • Paper bill
      • Paper copies of bills
      • Direct debit failure
      • Late payment fee

    Vodafone Fibre Broadband (Next Generation Access) services.

    1. These terms and conditions regulate your use of the Vodafone Next Generation Access Fibre Broadband Service (the “Service”). These Service specific terms and conditions apply in addition to the Fixed Line and Fixed Broadband Terms and Conditions and any additional Service conditions which you have signed up to. By signing up to the Service you agree to be bound by these Terms.
    2. The service is subject to availability based on local exchange upgrades and is not universally available to all customers.
    3. The Service allows Customers to avail of faster broadband speeds for use with other Vodafone Services.
    4. In order to avail of the Service you must have a new high speed phone port installed in your home or business. You must also facilitate an engineering install at your home or business premises as set out below.
    5. You will be required to sign a 12, 18 or 24 month contract with us for the Service. During this Contract period, you cannot recommit to a subsequent contract where the new contract end date is before the original agreement end date.
    6. 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
    7. 1.
    8. 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.
    9. Service Fit Out

      1.
    10. Every new Service order request will require an engineer install to fit the Service hardware at the master socket in the customer’s home or business premises (“Service Fit Out”). The Service Fit out will commence with an overview of the customer’s home or business premises (“Customer’s Premises”) to ensure that the socket can support the service. The Service Fit out will require works to be carried out on the Customer’s Premises, which will include a change of phone socket in the wall and any other works which may be required to complete the Service Fit Out as deemed necessary by the engineer. The Service Fit Out will be completed by an agent on behalf of Vodafone. Vodafone does not accept any liability whatsoever for any loss or damage that may occur to the Customer’s Premises during the Service Fit Out.
    11. 1.
    12. The Customer must have the Customer Premises ready and safe for the engineer to arrange the Service Fit Out. At the time of placing its order where a Customer has requested that an extension kit be installed the Customer accepts full responsibility to ensure that there is a clear and safe environment for the engineer to carry out the Service Fit Out. This includes moving any furniture likely to obstruct the path of the extension kit cable prior to the arrival of the engineer. Under no circumstances will an engineer engage in such activity and Vodafone reserve the right to charge for any additional time spent on site by the engineer as a result of having to wait, or as a result of having to reschedule the appointment due to the Customers’ Premises not being ready for the Service Fit Out.
    13. Modem Install –As part of the Service Fit Out the customer will require a new Modem to be installed in order to receive the Service. It is the Customer’s responsibility to have the Modem at its premises prior to the Service Fit-Out.
    14. A Walk Away Working Service consists of one device connected in your home or business that ensures that the customer can browse the internet. The Walk Away Working service will consist of unpacking the modem and connecting one device to the broadband connection. An additional charge will apply for this Service.
    15. Service Fit Out Appointments

    16. In order to arrange a Service Fit Out appointment the Customer must sign up to the new service via a 12, 18 or 24 month contract. The customer will then be notified with an appointment date and time (AM/PM). If a customer wishes to reschedule this initial appointment, they can do so without charge until 4pm on previous working day, prior to the appointment.
    17. The Customer will be liable to pay a cancellation/penalty charge to Vodafone in each of the following cases;
      • If a Customer has not provided the necessary cancellation notice period in respect of the scheduled Service Fit Out Appointment (i.e. Up to 5pm of the previous working day) or does not answer his/her phone within 10 minutes of the scheduled Service Fit Out Appointment;
      • If an engineer cannot gain access to a customer’s site due to a 3rd party access issue, for example within an apartment block;
      • If the Customer refuses to allow the engineer onto their property on the agreed appointment date;
      • In the event an extension kit is required and the Customer Premises has not been cleared for the engineer to work. This can include the removal of furniture or carpet etc.
      • Where the environment is considered dangerous or unsafe to the engineer, the works may not proceed but the cancellation/penalty charge may be levied regardless.
      • If a customer has selected an engineer install for Walk-Away Working, but has failed to collect their modem from the post office, this charge will be levied against the customer.
        •  
        • For a full list of additional charges which may include some of the following charges (depending on the service you require) please see the list below or refer to http://www.vodafone.ie/home-phone-broadband/charges
          • Landline connection
          • Installation fee
          • Engineer modem installation
          • Missed engineer appointment
          • Disconnection
          • Service Upgrade
          • Service Downgrade
          • Paper bill
          • Paper copies of bills
          • Direct debit failure
          • Late payment fee

    The following term applies to customers who sign up to Home Extra, Home Max or customers who purchase the ‘Unlimited local, National and UK landline call add-on’ after date 01 November 2013

    Fair Usage Policy

    A fair usage policy of 6,000 minutes applies to the total of all local, national and UK landline calls made within each billable month. If the customer exceeds this fair usage policy then they will be charged in accordance with standard rates which can be found at http://www.vodafone.ie/home-phone-broadband/charges, which rates may vary from time to time.

    **The following clause does not apply to new customers who sign up on or after 1st March 2014, or to re-contracting customers who already have the €3 discount on their package on or after 1st March 2014.**

    Vodafone at Home discount for Vodafone Mobile Customers

    The following discount offer is available to all new and existing Vodafone RED, Vodafone RED Super, Vodafone RED 30 Day or Vodafone RED 12 month customers (“Mobile Customers”) and all existing Vodafone at Home Broadband customers (“Broadband Customers”) who have one of either service with us (Mobile or Broadband service). This offer is not available on Simply Talk plan or Simply Broadband plan. The offer is €10 off any monthly Vodafone at Home Broadband package if you are a new or existing Mobile Customer and sign up as a new Broadband Customer or are a new or existing Broadband Customer and sign up as a new Vodafone Mobile Customer. In order to avail of this offer, a customer must sign up to a new minimum contract term of 24 months for Vodafone at Home Broadband. The €10 discount will be applied to each monthly bill for the broadband service.

    For all other Vodafone mobile customers, if they sign up for a minimum 12 month Vodafone at Home Broadband service, they will receive a €3 discount off their monthly Vodafone at Home bill. If a customer’s mobile plan terminates or expires for any reason, they will automatically lose their discount from the Vodafone at Home Broadband package.

    RED Roaming terms & conditions(pre April 30 2014)

    1. Red Roaming is available to the following customers: a. All PAYG customers b. Bill Pay customers who are on any of the Red or MyWay domestic plans
    2. You can opt in /out in the following ways: Instore, Customer Care, Text, Online at MyVodafone, Vodafone Data Roaming Monitor Application.
    3. When you opt in, Red Roaming may take up to 24 hours to be applied to your account.
    4. The charges will apply to customers who have opted in to Red Roaming and use their phone when roaming on any network in the following countries. Vodafone reserves the right to change the countries and/or networks from time to time for commercial or geopolitical reasons; such changes will happen without notice and it is the customers responsibility to check prior to travel. Countries: Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland*, France, Germany, Greece, Guernsey, Hungary, Iceland, Isle of Man*, Italy, Jersey*, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom. (*Postpaid only) For Business customers, Red Roaming can also be used while travelling in USA and Canada.
    5. Pay as You Go customers

    6. Once you’ve opted in to Red Roaming and are roaming in any of the countries listed below at 12. a €2.99 (inc VAT) access fee will apply following the first roaming mobile event of the day i.e. make or receive a call, send a text, use mobile internet on the live APN. Receiving a call in the UK will not invoke the access fee.
    7. Once the access fee has been applied you can access and use your domestic price plan for voice, text and domestic voice/text add ons. You will also receive 100MB of data each day
    8. Any additional data will be charged at €0.25 per MB (inc VAT) charged in KB increments.
    9. PAYG customers must have sufficient credit to pay the full roaming access fee.
    10. Bill pay and business customers

    11. Once you’ve opted in to Red Roaming and are roaming in any of the countries listed below at 4, Customers on an eligible Consumer domestic plan will pay a €2.99 (inc VAT) access fee and customers on an eligible Business domestic plan will pay a €2.99 (ex VAT) access fee which will be applied following the first roaming mobile event of the day i.e. make or receive a call, send a text, use mobile internet on the live APN. Receiving a call in UK will not invoke the access fee.
    12. Once the access fee has been applied you can access and use your domestic price plan for voice, text and voice or text add ons. You will also receive 100MB of data each day
    13. Any additional data will be charged at €0.25 per MB (inc VAT) charged in KB increments.
    14. Business domestic plan (or vice versa) you will remain opted in to Red Roaming but will move to the relevant version to your new domestic plan (as outlined in 8 above).
    15. All customers

    16. When using data you will receive a text notification telling you when you have used 80% of your daily data allowance.
    17. Only calls and texts to standard mobiles and standard landlines (excluding premium rate and non-geographic numbers)
    18. Any special domestic promotions or reduced rates for Bank /Public Holidays are not included.
    19. The data available with Red Roaming is only allowed on the live.apn. Data usage on any other apn will be charged our default per MB data roaming rate or according to your roaming plan for that specific apn.
    20. You'll only be charged on those days that you use your phone while you are abroad.
    21. EU Regulated Data Roaming spend caps and notifications apply to data used within Red Roaming. €1.08 ex VAT of each daily access fee incurred is included in the EU Regulated Data Roaming Spend Caps and Notifications.
    22. When you opt in to Red Roaming and travel to countries at 4 above (including UK), Red Roaming will apply. If you are already opted into Vodafone Passport and/or Vodafone Passport Mobile Internet these will only apply when you roam in Rest of World countries in the relevant Passport footprint. This means Passport will not apply in countries at 4 above and eg you can no longer avail of free Passsport voice roaming in the UK. If you opt out of Red Roaming you will remain on Vodafone Passport and/or Vodafone Passport Mobile Internet. If you are not opted into either of these plans you will pay our default roaming plans.
    23. Data cannot be used for the purpose of Tethering.
    24. Unused data cannot be carried over to the next day.
    25. Out of bundle data usage will be charged per kb for usage beyond the daily roaming allowance.
    26. Customers are responsible for the management of their device configurations and should be aware that updates and connections and so are wholly responsible for any associated costs while roaming. Where a customer device is setup for automatic data updates, connections on the customers mobile are considered to be with the consent of the customer and so data roaming charges will apply.
    27. To avoid unexpected data usage while roaming due to automatic updates and connections it is recommended that these be disabled whilst travelling and manual connections be made when needed. Please refer to handset manual or application settings for detailed instructions
    28. If your use of the Data Services on other carriers' wireless networks ("offnet data usage") during any month exceeds your offnet data usage allowance, Vodafone may at its option terminate your access to the service, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for offnet data usage. Your offnet data usage allowance is equal to 20% of the kilobytes included with your plan.
    29. Service charges while roaming do not include event charges such as charges for download of ringtones or games, and do not include the use of any data services for which a special charge is made.
    30. Red Roaming is designed to be used by customers normally domiciled in the Republic of Ireland (RoI). To avail of Red Roaming, pay as you go customers must be active on the Vodafone Ireland network during the previous three months. Customers who do not have ongoing usage on the Vodafone Ireland network will be deemed to be in breach of these terms and will result in removal of Red Roaming from their account and/or termination of service at Vodafone’s discretion.
    31. Use of Red Roaming is subject to these terms and conditions. We reserve the right to vary or amend these terms.

    RED Roaming terms & conditions (effective 30th April 2014)

    1. RED Roaming is available as an optional add-on to all PAYG customers and all Bill-Pay customers who are on a Red or MyWay base plan.
    2. In order to avail of the RED Roaming service a customer must roam on the Vodafone Network or on a Vodafone approved Network.
    3. You can opt in or opt out of the service at any time in the following ways: In store, through Customer Care, Text, Online, at MyVodafone and through the Vodafone Data Roaming Monitor Application.
    4. When you opt in, RED Roaming may take up to 24 hours to be applied to your account.
    5. The charges as published on www.vodafone.ie will apply to customers who have opted in to RED Roaming and use their phone when roaming on Vodafone or Vodafone approved networks in eligible countries as published on www.vodafone.ie. Vodafone reserves the right to change the countries and/or networks from time to time for commercial or geopolitical reasons; such changes will happen without notice and it is the customer’s responsibility to check prior to travel.
    6. Pay as You Go customers

    7. Once you’ve opted in to RED Roaming and are roaming in any of the eligible countries listed on www.vodafone.ie, a daily access fee will apply following the first roaming mobile event of the day; i.e. making or receiving a call, sending a text, using mobile internet on the Live or Blackberry APNs. Receiving a call in the UK will not invoke the access fee.
    8. PAYG customers must have sufficient credit to pay the full relevant RED Roaming daily access fee at the point of their first roaming mobile event of each day in order to avail of RED Roaming pricing.
    9. Customers on older, legacy tariffs that are no longer promoted by Vodafone which include the following Flexi offers (Flexi 10c + Free Unlim Texts, Flexi 10c + Free Unlim Wkends, Flexi 10c + Free Unlim WKnds, Flexi 5c + Free Unlim Texts, Flexi 5c + Topup Bonus) can opt in to Red Roaming but they cannot use their Flexi offers for voice and text. This means they will pay the relevant daily rate and then pay their home rate for voice and text, according to their domestic plan. They will receive 100MB of additional data each day.
    10. Bill Pay and Business customers

    11. Once you’ve opted in to RED Roaming and are roaming in any of the eligible countries listed on www.vodafone.ie, Customers on an eligible base plan will pay the relevant access fee which will be applied following the first roaming mobile event of the day i.e. making or receiving a call, sending a text, using mobile internet on the live or Blackberry APNs. Receiving a call in UK will not invoke the access fee.
    12. All customers

    13. Once you have paid the daily access fee you can access and use your base price plan for voice, text and domestic/international voice/text add-ons in the usual manner as if on your domestic tariff. You will also receive 100MB of data each day instead of your normal base plan allowance
    14. Any additional data will be charged at the relevant rate for the country in which you are roaming as per the pricing published on www.vodafone.ie and will be charged in Kb increments.
    15. When using data you will receive a text notification telling you when you have used 80% of your daily data allowance.
    16. Only calls and texts to standard mobiles and standard landlines (excluding premium rate and non-geographic numbers) are included.
    17. Any special domestic promotions or reduced rates for Bank /Public Holidays are not included.
    18. The data available with RED Roaming is only allowed on the Live and Blackberry APNs. Data usage on any other APN will be charged our default per MB data roaming rate or according to your roaming plan for that specific APN.
    19. You will only be charged on those days that you use your phone while you are abroad.
    20. EU Regulated Data Roaming spend caps and notifications apply to data used within RED Roaming. 33% of the highest possible RED Roaming daily rate, to a maximum of €2 (ex VAT) per day will be considered as data roaming spend for the purpose of calculating data roaming EU regulated Data Roaming spend caps and notifications.
    21. When you opt in to RED Roaming and travel to eligible countries as published on www.vodafone.ie RED Roaming will apply. If you are already opted into Vodafone Passport and/or Vodafone Passport Mobile Internet these will only apply when you roam in countries that outside the RED Roaming footprint but within the Passport footprint. If you opt out of RED Roaming you will remain on Vodafone Passport and/or Vodafone Passport Mobile Internet. If you are not opted into either of these plans you will pay our default roaming plans.
    22. Data cannot be used for the purpose of Tethering.
    23. Unused data cannot be carried over to the next day.
    24. Customers opted in to RED Roaming can decide to purchase roaming data services from third party operators. While roaming customers may connect to a network other than Vodafone’s preferred network in the particular country, provided that Vodafone has a roaming agreement in place with the operator. If they have purchased an alternative data roaming service, RED Roaming customers must contact Vodafone customer care to activate access to the network if that Network is not a Vodafone approved network. The customer must also manually switch their phone to this alternative network. If a customer has requested to be moved to a non-Vodafone or non-Vodafone preferred network for their data services, they will need to manually switch back to the Vodafone or Vodafone preferred network if they wish to avail of the RED Roaming pricing for their voice calls and texts. If a customer does not manually switch back to the Vodafone or Vodafone preferred network they will not be able to avail of the RED Roaming Service and related rates. In these circumstances the Customer will be charged at the default EU pricing rate for calls and texts made on the alternative network. These prices are published on www.vodafone.ie
    25. Customers are responsible for the management of their device configurations and should be aware that updates and connections can incur data usage and so are wholly responsible for any associated costs while roaming. Where a customer device is setup for automatic data updates, connections on the customers mobile are considered to be with the consent of the customer and so data roaming charges will apply.
    26. To avoid unexpected data usage while roaming due to automatic updates and connections it is recommended that these be disabled whilst travelling and manual connections be made when needed. Please refer to handset manual or application settings for detailed instructions
    27. Service charges while roaming do not include event charges such as charges for download of ringtones or games, and do not include the use of any data services for which a special charge is made.
    28. RED Roaming is designed to be used by customers normally domiciled in the Republic of Ireland (RoI). To avail of RED Roaming, pay as you go customers must be active on the Vodafone Ireland network during the previous three months. Customers who do not have ongoing usage on the Vodafone Ireland network will be deemed to be in breach of these terms and will result in removal of RED Roaming from their account and/or termination of service at Vodafone’s discretion.
    29. Vodafone reserves the right to withdraw the RED Roaming offer at any time.
    30. From time to time Vodafone may modify the standard settings and/or features of this Service in order to offer additional value to the Service. Such changes might include measures such as increasing your data allowance size. The parties agree that such changes to the Service or package do not constitute modification in the conditions of the contract for that Service or package, and the Customer confirms that it does not require individual contract change notifications regarding any such modification.
    31. 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 to the Service do not constitute modification in the conditions of the contract for that Service or package, and the Customer confirms that it does not require individual notification regarding any such modification
    32. Data bundle cannot be used for tethering on iPhone devices, this usage will be charged separately.

    Buyback terms and conditions

    Vodafone Ireland recommends that you read the Terms & Conditions in full, as they are designed to ensure you receive Vodafone store vouchers, in full and on time, depending on the condition of your “device” (ie handset/phone or tablet). Accepting these Terms & Conditions are a condition of using the Buyback service in our retail channels. By using this service and completing the sale of a device in a Vodafone retail store, you are entering into a contract with Vodafone Ireland (please consult “When does the contract start” section).

    Consumers

    In these terms, "consumer" means an individual who is not a business, not holding themselves out as a business nor selling devices in the course of a business. By engaging in the Buyback process you agree that:

    • You are resident in Ireland and
    • You are at least 18 years old and
    • You own the device(s) that you wish to sell.
    • You are making a new purchase of a device as part of the transaction.
    • If you are a consumer, these terms will not affect any rights you may have under any law and which we cannot exclude.

    Businesses

    By engaging in the Buyback process within a Vodafone business channel, you warrant that:

    • You are based in Ireland and
    • You are authorised to act on behalf of the business
    • The device(s) are owned by the business.

    All mobile phone dealers, stockists and specialist retailers and distributors of mobile phones are excluded from the offers on this site unless a specific exception has been agreed in writing with us or our distributor and Buyback management company Fonua.

    Customer Obligations

    Looking after SIM cards and data stored on the device(s) It is your responsibility to remove the SIM card from the device(s) and remove any content or data from the device(s) before handing it over to Vodafone. SIM cards and your device(s) can contain private information, and may enable unauthorised use of mobile network services.

    If you fail to remove your SIM card or remove any data or content from your device(s), you agree that we are not responsible for any claims, losses or damages relating to the use of the SIM card or any data or content arising before, or after we receive the device(s).

    Please note that for your security we will destroy any sim cards or Secure Digital (SD)/memory cards upon receipt of your device(s).

    Vodafone cannot take responsibility for protecting any information on the device(s) and it is not possible for you to obtain any content from the device(s), whether stored on the device(s) or memory card, once it has been sent to us. We strongly recommend you back up such contents before sending any device(s) to us.

    Full Working Order

    What is meant by Full Working Order?

    • The device(s) must be complete with no missing, damaged, or cracked parts (e.g. a stylus for touch screen phones should be included if the phone was originally supplied with one).
    • The device(s) should be fully functional. The device(s) should power up, and should be free from PIN locks. The device(s) should be capable of making and receiving a call. All functionality must work (e.g. Bluetooth, Camera, Wireless). All control buttons (on/off, volume, navigation) and all buttons on the keypad must work. All connection sockets, microphones and speakers should work, and the (IMEI) label should be intact.
    • The display should be clear and fully intact. There should be no fading, no pixels missing, no cracks and no bleeding on the screen. Touch-screens should be free from major scratching. The back cover should also be free from any major cosmetic damage or cracks.
    • The device(s) must be free from moisture damage (and signs of moisture damage as signified by the manufacturer’s moisture damage indicators). Please note that any liquid that gets inside your device(s) will cause serious permanent damage. Sometimes device(s) will continue to work after liquid has entered but more than likely will stop working within 1 or 2 months. There are tell-tale indicators on some device(s) alerting engineers to moisture damage. Please consult your device’s user manual.
    • If the device(s) has a flip or slider mechanism, it should open and close properly.

    We do not accept accessories such as chargers, headsets or the original box as they do not increase the potential value of your device(s).

    "Lost, Blocked or Stolen devices" and "Fake devices"

    "Lost, Blocked or Stolen devices" are devices that have been reported as either lost, blocked or stolen in any of the stolen asset registers maintained by CheckMEND which is operated by Recipero Limited at www.checkmend.com

    Devices which are “Lost, Blocked or Stolen” will be dealt with in accordance with Irish law guidelines; devices will be held pending a claim from the Gardai Siochana, an insurance company or the registered owner and no amounts will be paid to the person who presents such device(s) to us.

    "Fake Devices" are counterfeit devices which are manufactured to resemble products made by another company in breach of copyright and intellectual property rights. We will make no payments to customers for Fake devices, which can be identified by their production quality and IMEI numbers.

    We will inform the relevant authorities if there is any suspicion that there is a deliberate attempt to commit fraud. We may reclaim any money paid to you or a business if it is discovered within three (3) months of the return of a device that the device has either been reported "lost, blocked or stolen" by the (seller of the device,) or the device is discovered to be a Fake Device.

    All devices that are returned are subject to a check performed by “Checkmend”, using the unique device identifier (the “IMEI”). If the device(s) is flagged as having been reported stolen, lost, or as part of fraudulent activity, then Vodafone will not be in a position to accept the device and will recommend that you contact the Checkmend service directly.

    Box Breaking

    We may refuse to pay for any devices which we believe are derived from "Box breaking". Our definition of "Box breaking" is where a business or individual purchases devices with the intention of reselling the phone and no intention of using the device and SIM card together, as was the original intention of the mobile phone network whose SIM card was provided with the device.

    Payments

    Payment for your returned device(s) is offered via a Vodafone retail voucher, but is conditional on the purchase of a new connection (ie a “Sim Only Postpay Plan, a Postpay plan with device or a Pay As You Go plan with device). We provide payments via a Vodafone Retail voucher which can be used:

    • to deduct the price of your new device
    • to deduct the price of an accessory or
    • to deduct the price of Pay As You Go call credit

    The voucher can be used after the sale once Proof Of Purchase (ie a receipt) is supplied.

    When you receive a voucher you have to make at least one purchase as part of your Buyback transaction.

    Your personal information Data Protection

    The security and protection of your personal information is important to us. We (and our agents including Fonua) collect and use your personal information to complete the purchase process and contact you as part of the services we provide. Please read our Privacy Policy for more information about why and how we store and use your personal information).

    We sometimes use other companies to provide the logistics services, and we will need to pass some personal information to these companies, however Vodafone is still responsible for your information. None of your personal details will be shared with any other organisation without your express permission.

    Vodafone Ireland and Fonua are registered under the Data Protection Act as processors of personal information.

    Events Outside Of Our Control

    Unfortunately sometimes things happen which we cannot control. Vodafone and Fonua will not be liable or responsible to you for any failure or delay in providing the services or meeting any of our obligations under these terms caused by events outside of our reasonable control, or due to our compliance with any applicable laws or regulations.

    When does the contract start?

    Where you hand a Vodafone employee or one of its agents a device(s) for the purpose of a Buyback transaction, this shall constitute an offer by you to sell the device(s) to Vodafone. No contract will be formed until we have accepted your offer. A Buyback transaction is not initiated until a follow-on purchase of a device is planned. Our acceptance may be in one of three ways:

    1. by making a payment of a Vodafone Retail voucher* to you within the time frame set out under the "Payments" section above; or
    2. if a payment amount is agreed in writing between us.
    3. Once the device is handed over and payment made, the device cannot be returned under any circumstance.

    *Please note that Vodafone Retail vouchers have an expiry date of 12 months after issue.

    Information on Buyback and other general matters

    Device prices are updated regularly due to the fluctuating nature of the market. You should check in-store and read these terms to ensure you have the latest information.

    We will not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to:

    1. your use of, reliance upon or inability to use this service;
    2. any circumstance that is outside of our reasonable control; and
    3. any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into our agreement with you. Nothing in these terms is intended to exclude or limit our liability for death or personal injury, fraud or any other liability which we may not by law exclude or limit.
    4. In all circumstances our maximum liability to you shall be the current value of your handset.

    These terms will be governed by and interpreted in accordance with Irish law and you and we both consent to the non-exclusive jurisdiction of the Irish courts.

    Vodafone World terms & conditions (bill pay)

    1. Vodafone World tariff tables are designed as a guide for you to calculate your roaming charges. All prices are displayed in Euro per minute and are accurate as of 1st July 2014, but may change without notice.
    2. All Vodafone World voice and text rates displayed are inclusive of VAT at 23% as displayed on https://www.vodafone.ie/roaming/calls-texts/
    3. It is Vodafone's policy not to charge Customers for diverted voicemail calls received by Customers while roaming internationally. However, there may be rare occasions where, due to circumstances beyond Vodafone's control, this technically will not happen and Customers will be charged for diverted voicemail. In such circumstances, upon receipt of a request from a Customer, Vodafone will reimburse the entire amount charged for such diverted voicemail calls.
    4. In Vodafone World Europe zone making a call will be subject to a minimum charge of 30 seconds and thereafter will be charged on a per second basis. Receiving a call in Vodafone World Europe zone will also be charged on a per second basis. When roaming in Vodafone World USA & Canada and Rest of World zones you will be charged on a per minutes basis for both making and receiving calls.
    5. Vodafone World rates apply to GSM networks only.
    6. Charges for premium rate and satellite calls will vary according to the cost charged by the foreign network operator and exchange rate fluctuations, and may include minimum call charges. A network handling fee will be applied to these calls
    7. Vodafone cannot guarantee access to our coverage within any foreign country. If you are unable to receive access to a Vodafone Preferred Network, you may obtain access to another foreign network operator in that country. If so, you will be charged accordingly.
    8. These terms and conditions are in addition to the general terms and conditions of the Vodafone service.

    Terms and conditions for Alternative Roaming Provider

    AbbreviationMeaning
    ARP“Alternative Roaming Provider” means another operator providing roaming voice, texts & data while you are travelling abroad in an EU/EEA country. Alternative roaming Providers could be mobile network operators in both home and visited countries, mobile virtual network operators and resellers of mobile communication services.
    SI“Single IMSI” means the customer having the choice of choosing another operator to provide them with roaming voice, text & data services while roaming in the EU/EEA country, while keeping their SIM & mobile number.
    LBO“Local Break-out” means the customer having the choice of choosing another operator to provide them with roaming data services while roaming in the EU/EEA country, while keeping their SIM & mobile number.

    Alternative Roaming Provider for Voice, Text & Data in EU/EEA countries (Also known as Single IMSI – SI)

    Please note the following T&Cs are subject to an existing ARP being available to Vodafone customers and if you are on a corporate tariff and wish to use the services of an ARP please refer to your existing individual contract.

    Before availing of an ARP for Single IMSI(Voice, Text & Data in EU/EEA countries) please note the following:

    • A Business Account decision maker has the option to opt-out, all or some of the customers on the account, from using the service of a Single IMSI ARP.
    • If the customer requesting the ARP is on a business account they must be the decision maker or have decision maker’s approval to select an ARP.
    • If a customer is in the process of a porting out they are not eligible to select an ARP.
    • If a customer changes their SIM or Mobile Number any existing agreement with an ARP will be cancelled.
    • If a customer is barred for domestic/roaming service by Vodafone they will not be able to use the Roaming services of an ARP.
    1. To avail of an ARP the customer must contact an ARP to be set up for their roaming voice, texts & data.
    2. The ARP will contact Vodafone requesting the customer be provisioned with the ARP for their roaming voice, texts & data in the EU/EEA countries.
    3. If the customer is eligible, Vodafone will process the set-up request from the ARP within 24 hours of receiving a request from an ARP and inform the ARP once the request is complete. An SMS will be sent to the customer informing them that they are no longer with Vodafone for their roaming voice, texts & data in the EU/EEA countries.
    4. Choosing an ARP does not affect a customer’s existing contract & terms and conditions with Vodafone.
    5. If a customer has reached their monthly roaming data spend cap and has been barred from using data roaming by Vodafone they can choose an ARP and get roaming voice, texts & data through their ARP. Vodafone will continue to implement data roaming spend cap notifications for data roaming when customers are roaming outside of the EU/EEA regulated zone.
    6. Please see below a list of countries where ARP is available. Vodafone will not send a “Welcome SMS” to any customers who visit these countries and are using the roaming voice, texts & data services of an ARP.
    7. Customers may have multiple ARP agreements but have only one Single IMSI ARP agreement active at any one point in time.
    8. Customers who avail of the services of an ARP and whose current plan includes an EU roaming element will be moved to a comparable plan that does not include the roaming element on their next bill day. If the customer’s current plan does not include a roaming element there will be no changes to the plan.
    9. Customers who are availing of their Roaming Voice, SMS & Data with an ARP will not be charged for voice, text or data by Vodafone when they are roaming in the EU/EEA countries. You will be charged by the ARP. All other charges remain applicable to Vodafone.
    10. Customers wishing to cease service with their ARP must request the termination of service from their ARP. However if termination of the ARP service is due to the customer changing their SIM or mobile number or moving to another domestic operator, it will be up to the customer to renew the ARP agreement. Vodafone will not reinstate ARP agreements in the case of port reversals. The customer has to initiate these with the ARP.

    Alternative Roaming Countries & Operators 1st July 2014

    • Austria
    • Belgium
    • Bulgaria
    • Croatia
    • Cyprus
    • Czech Republic
    • Denmark
    • Estonia
    • Finland
    • French Guyana
    • France
    • Germany
    • Greece
    • Guadeloupe & St Martin
    • Hungary
    • Iceland
    • Italy
    • Latvia
    • Lithuania
    • Liechtenstein
    • Malta
    • Martinique
    • Monaco
    • Netherlands
    • Norway
    • Poland
    • Portugal
    • Reunion
    • Romania
    • San Marino
    • Slovakia
    • Slovenia
    • Spain
    • Sweden
    • United Kingdom

    Alternative Roaming Provider for Data (Local BreakOut ->LBO)

    Before availing of an LBO for data service only ( EU/EEA countries) please note the following:

    • A Business Account decision maker has the option to opt-out, all or some of the customers on the account, from using the data service of a LBO.
    • Vodafone customers roaming with an LBO will not be able to use the EU Internet APN if they move out of the LBO regulated zone
    • If a customer is barred for domestic/roaming service by Vodafone they will not be able to use the Roaming data services of an LBO.
    1. Customers’ accessing data services in EU/EEA countries provided by an LBO must configure their device to use a universal “EUInternet” APN. They will be charged by the LBO provider for using the EUInternet APN and not by Vodafone.
    2. Customers may have multiple LBO agreements when travelling abroad but only one LBO provider active at a point in time.
    3. Please see below a list of countries where LBO is available.
    4. Customers availing of LBO service will receive existing “Welcome SMS” messages from Vodafone unless they are using a Single IMSI ARP for their Voice and Text services.
    5. On returning home from abroad, or travelling to a non- EU/EEA country, customers are required to change their APN settings on their phone to their standard domestic APN.
    6. Vodafone cannot guarantee that all devices/handsets will work with an LBO. If the customer has any concerns they should contact the LBO provider directly regarding suitable handsets.

    Vodafone Home terms and conditions

    These terms are in addition to terms found at http://www.vodafone.ie/terms/services/#FixedLineBB and http://www.vodafone.ie/terms/services/#fibre and are applicable to all customers signing up to Vodafone Home contract from 4th July 2014.

    The following fair usage policies apply:

    • Worry Free Family; fair usage policy of 5,000 minutes applies to the total of all local & national landline calls made within each billable month, 1,500 minute fair usage applies to the total of all Irish mobile network calls made within each billable month & a 300GB fair usage data allowance cap applies to Broadband usage within each billable month applies.
    • Family Essentials; fair usage policy of 5,000 minutes applies to the total of all local &national landline calls made within each billable month & a 300GB fair usage data allowance cap applies to Broadband usage within each billable month applies.
    • Simply Broadband; A 300GB fair usage data allowance cap applies to Broadband usage within each billable month applies. This product does not support voice.
    • International landline & international mobile add ons: A fair usage policy of 1,500 minutes applies to the total of international landline & mobile calls within each billable month. Countries included in inclusive minutes are: Austria, Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, Italy, Liechtenstein, Luxembourg, Poland, Portugal, Netherlands, New Zealand, Norway, Romania, Slovenia, Spain, Sweden, Switzerland, UK, USA (excludes Alaska & Hawaii)
    • Vodafone to Vodafone mobile calls add on: A fair usage policy of 1,500 minutes applies to the total of Vodafone to Vodafone ROI calls within each billable month
    • Unlimited any network mobile calls add on: A fair usage policy of 1,500 minutes applies to the total all network mobile calls, ROI mobile numbers only within each billable month

    If a customer exceeds these fair usage policies then they will be charged in accordance with standard rates which can be found at http://www.vodafone.ie/home-phone-broadband/charges, which rates may vary from time to time and we reserve the right to terminate a contract.

    Vodafone Home

    Pricing for Simply Broadband, Family Essentials & Worry Free Family along with all additional Add on bundles will be published on http://www.vodafone.ie/home-phone-broadband/

    An international call forwarding service is not available on any Vodafone Home package.

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