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Terms and Conditions of Vodafone Services

General Services Terms and Conditions

Vodafone Radio DJ - Terms and Conditions

  1. The following terms and conditions of the Vodafone Radio DJ and Vodafone Radio DJ Lite service ("Radio DJ") are in addition to and form part of the terms and conditions of the Vodafone Ireland Limited's ("Vodafone") mobile telecommunications service which are available on www.vodafone.ie In the event of any conflict the terms and conditions below shall prevail.
  2. Radio DJ is an interactive streamed audio service allowing customers to subscribe for and listen to streamed music over their mobile phone, personal computer, personal digital assistant or other access device (an "Access Device"). Customers are also given the option to purchase and download tracks as Full Track Music Downloads ("FTMD"s). Separate Terms and Conditions apply to FTMDs.
  3. Streaming is a live feed of data from an external source (for example from the Vodafone server) to the Customer's Access Device where no copy of the content/application is installed onto the Customer's Access Device (other than a temporary one as part of the delivery and display of that content).
  4. To use Radio DJ on a customer's Access Device the customer must be within Vodafone's 3G coverage. Customer's PC must be compatible with Windows Media Player 9 or above. Apple Mac's are not compatible with Radio DJ. Pre-pay customers must have at least €0.01 credit in their pre-paid mobile phone account in order to use the Radio DJ streaming facility.
  5. Customers may subscribe for Radio DJ under various packages provided by Vodafone (which are subject to change at any time). There are a number of different pricing options. Customers who subscribe for a weekly or monthly package will continue to be charged on a weekly or monthly basis (as appropriate) on the anniversary of the date of subscription until they unsubscribe. Vodafone Prepay Customers who at the relevant date of charging do not have sufficient mobile phone credit in their pre-paid account will automatically be unsubscribed from Radio DJ.
  6. Customers with the following handsets will be required to click on the Radio DJ application in the main menu of their mobile phone handset to subscribe for Vodafone Radio DJ:
    • Nokia 6680,6630, N70 and N91
    Customers with the following handsets will be required to click on the Radio DJ link in Vodafone live!/Access Music to subscribe for Vodafone Radio DJ Lite:
    • Samsung Z140v, Z500v, ZV40, Sony Ericsson V600i, V800, Sharp 902 Sharp 550 SH, Motorola V3x, V1050, E770v, V980, Nokia 6280, Nokia 6234
  7. Customers should note that not all 3g mobile phone handsets can support Radio DJ and Customers should ensure that Radio DJ is compatible with their handset before subscribing for Radio DJ. Customers with the handset Samsung ZV10 may be required to update their handset before it will be compatible with Radio DJ and should consult with Vodafone Customer Care before subscribing for Radio DJ.
  8. To unsubscribe, customers must either:
    Call Vodafone Customer Care: 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;
    or Unsubscribe via Vodafone live! using their mobile phone as follows:
    • Go to My Vodafone icon on the homepage.
    • Select My Subscriptions on handset menu.
    • Cancel subscription.
  9. The content provided under Radio DJ (the "Content") is provided for Customer's personal use only. Customers may not forward the content to any third party or interfere with the content in any way. The content is licensed to Vodafone from a third party supplier. Vodafone is not liable for the content and Vodafone cannot guarantee that Radio DJ or its content will be available at all times.
  10. When unsubscribing, unless Customers specifically ask the Vodafone Customer Care Agent to prevent access to Radio DJ immediately, cancellation will be effective from at the end of that period for which the customer has subscribed (i.e. weekly or monthly). In either case, no refunds will be given in lieu of any remaining days' subscription.
  11. Customers acknowledge and accept that the Content is protected by copyright, trade mark and other intellectual property rights of Vodafone or its licensors. Customers are strictly prohibited from editing or modifying the Content, copying, distributing or forwarding the Content to one or more third parties or allowing third parties to access it.
  12. Prior to subscribing to Radio DJ, Customers should ensure that: their Access Device is compatible and appropriately enabled to receive the selected Content. If Customers are unsure whether this is the case they should check the information on www.vodafone.ie, consult their handbook or contact Vodafone customer care; (where Content is to be Downloaded) they have sufficient memory capacity available to receive and save the Content once Downloaded; their Access Device remains switched on and connected to the Vodafone network (i.e. does not move out of range) for the duration of the Download/Streaming.
  13. Customers may use Radio DJ while roaming and will be not be charged any additional fees for Radio DJ provided that the network operator has a 3G Network.
  14. Vodafone reserves the right to withdraw Radio DJ either generally or in respect of any particular Customer at any time and to vary or amend any element of Radio DJ 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.

Vodafone 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 Pay Monthly and Prepay customers travelling to Britain 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. All Prepay customers will be able to avail of the Vodafone Passport rates.
  8. In postpay, Vodafone Passport is only available to customers on Perfect Choice, Perfect Fit price plans, Pay Monthly 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.
  9. 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.
  10. Vodafone Passport will only be available when roaming in the following countries for Pay Monthly customers: Albania, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Japan, 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.
  11. Any bundle minutes included in the eligible Pay Monthly price plans cannot be used whilst roaming. Whilst customers on the eligible Pay Monthly 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.
  12. Both Pay Monthly and Prepay customers will receive the on-net (Vodafone to Vodafone) domestic rates when they make a call within the visited country.
  13. For Postpay 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.
  14. For Prepaid 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.
  15. Customers opting in or out of Vodafone Passport will be provisioned with their new status within 24 hours of instructing Vodafone.
  16. Customers opting in or out of Vodafone Passport will receive a text message with notification of being provisioned or unprovisioned from the proposition.
  17. Subscribers on Performer Pay Monthly will be charged 22c inc Vat per minute for all calls to fixed lines in Ireland.
  18. Postpaid 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.
  19. Prepaid 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.
  20. 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.
  21. 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.
  22. For excessive or unreasonable usage of Passport, Vodafone refers the customer to the Fair Usage Policy on the website. For Prepay 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.
  23. To avail of Vodafone Passport, Prepay customers must be active on the Vodafone Ireland network during the previous three months.
  24. 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.
  25. Local promotions such as 'Free Calls and Texts' do not apply when roaming.

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), 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. 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.
  2. 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.
  3. 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).
  4. 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.
  5. 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.
  6. 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'.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. Vodafone will not be responsible for any site that is incorrectly or believed to be incorrectly categorised.
  15. 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/ .
  16. 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
  17. Vodafone will only accept original and valid passports, driving licences or national age verification cards as proof of age for its age verification procedures.
  18. 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.
  19. Please refer to the "Parents Safe Usage" and the "Secure & Safe Practice" Guides for more information on mobile phone procedures.

Eurocall - Terms and Conditions

  1. All prices are displayed in Euro per minute and are accurate as of December 2005 but may change without notice.
  2. A minimum call charge of 1 minute applies. After 1 minute, you will be charged in 30 second increments. Call rounding may vary.
  3. These rates apply only to voice calls made and received while roaming in the participating Eurocall countries.
  4. Eurocall does not apply to text messages, data transfer, calls to premium rate numbers and excludes special offers.
  5. Eurocall is available to customers on the following price plans: Globe, Extra Globe, Performer Globe, Eirtime Globe, Business Globe, ShareTime Globe and VPN Globe.
  6. Eurocall is only available when roaming in selected countries on the following networks: Vodafone in Germany, Greece, Hungary, Italy, Netherlands, Portugal, Spain, Sweden, UK and Mobilkom in Austria, Proximus in Belgium, VIPnet in Croatia, Tele Danmark Mobil in Denmark, Radiolinja Eesti in Estonia, Radiolinja Origo Oy in Finland, SFR in France, Polkometel in Poland, Si Mobil in Slovenia and Swisscom Mobile in Switzerland.
  7. 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. If so, you will be charged according to the non-Vodafone network rates. These are available at www.vodafone.ie
  8. Vodafone may vary or change these Terms and Conditions for any commercial, technical or operational reason and any material changes will be communicated in advance.
  9. These Terms and Conditions are in addition to the general Terms and Conditions of the Vodafone service.

Vodafone Stay Mobile Insurance - Terms and Conditions

Benefits

In return for paying the Premium the Company will, subject to these Terms and Conditions, compensate you for the loss, theft or damage of the Insured provided that a claim is made during the Period of Insurance.
Observance of the Conditions relating to anything to be done or complied with by You are conditions precedent to the liability of the Company.

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 therefrom 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. "Period of Insurance" means the period between the Company’s acceptance of Your application for insurance and the termination of the insurance.

Exclusions

This insurance does not cover the following:

  • Loss, theft or damage of the Insured Equipment where at the time of the loss, theft or damage, or for a period of 15 days immediately preceding the time of the loss, theft or damage, the Insured Equipment has not been used to send or receive a voice call, data call or SMS message on the Vodafone mobile telephone network and/or the registered SIM card is not in the Insured Equipment.
  • Loss, theft or damage caused by Your wilful misconduct.
  • Mechanical or electrical breakdown or derangement unless caused by accidental external means.
  • 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, place or premises to which the public has access; or in or on any form of public transport.
  • 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 without a Garda Stamp or local police authority stamp impressed on the claim form. 

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. Vodafone will also send You a claim form
    b. within 30 days of the loss, theft or damage, send a completed claim form to Vodafone Claims together with any further details required to substantiate the claim. The address of Vodafone Claims is on the claim form.
    c. in the event of theft, You must notify the Garda Siochana or local police authority as soon as reasonably practicable 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.

    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.

  3. The Basis for Settlement of Claims –  If the Insured Equipment which has been damaged, 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 based on the capabilities of the Insured Equipment. The Company reserves the right to specify the replacement equipment. All replacement equipment will be type-approved mobile phones or data devices. 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. For claims relating to Insured Equipment that is three months old or more, a "like for like replacement" may, at the Company’s discretion, consist of a reconditioned mobile phone handset or data device. You will incur delivery costs if You are not at the delivery address as arranged.
  4. 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 that €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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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:
    (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
  10. 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.
  11. 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.
  12. 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 (01850) 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 relation to this Policy.
    If you are not satisfied with ACE’s final response, you can ask the Financial Services Ombudsman Bureau to review your case. The FSOB can be contacted by calling 01-662 0899, by fax on 01-662 0890 or in writing at:
    Financial Services Ombudsman Bureau, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. The FSOB website is www.financialombudsman.ie.
  13. 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
  1. 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.
  2. 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). 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 Plus Insurance - Terms and Conditions

Benefits

In return for paying the Premium the Company will, subject to these Terms and Conditions, compensate You for the loss, theft or damage of the Insured provided that a claim is made during the Period of Insurance.
Observance of the Conditions relating to anything to be done or complied with by You are conditions precedent to the liability of the Company.

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 therefrom 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. "the Period of Insurance" eans the period between the Company’s acceptance of Your application for insurance and the termination of the insurance.

Exclusions

This insurance does not cover the following:

  • Loss, theft or damage of the Insured Equipment where at the time of the loss, theft or damage, or for a period of 15 days immediately preceding the time of the loss, theft or damage, the Insured Equipment has not been used to send or receive a voice call, data call or SMS message on the Vodafone mobile telephone network and/or the registered SIM card is not in the Insured Equipment.
  • 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 60 days of the Period of Insurance unless the Period of Insurance started when first connecting to the Vodafone network, or on the conclusion of a standard Vodafone contract for an upgrade of 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, place or premises to which the public has access; or in or on any form of public transport.
  • 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 without a Garda Stamp or local police authority stamp impressed on the claim form. 

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. Vodafone will also send You a claim form
    b. within 30 days of the loss, theft or damage, send a completed claim form to Vodafone Claims together with any further details required to substantiate the claim. The address of Vodafone Claims is on the claim form.
    c. in the event of theft, You must notify the Garda Siochana or local police authority as soon as reasonably practicable 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.

    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.

  3. The Basis for Settlement of Claims – If the Insured Equipment which has been damaged, 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 based on the capabilities of the Insured Equipment. The Company reserves the right to specify the replacement equipment. All replacement equipment will be type-approved mobile phones or data devices.
    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. For claims relating to Insured Equipment that is three months old or more, a "like for like replacement" may, at the Company’s discretion, consist of a reconditioned mobile phone handset or data device. You will incur delivery costs if You are not at the delivery address as arranged.
  4. 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 that €1000 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 €1000 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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 01 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:
    (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
  10. 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.
  11. 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.
  12. 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 relation to this Policy.
    If you are not satisfied with ACE’s final response, you can ask the Financial Services Ombudsman Bureau to review your case. The FSOB can be contacted by calling 01-662 0899, by fax on 01-662 0890 or in writing at:
    Financial Services Ombudsman Bureau, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. The FSOB website is www.financialombudsman.ie.
  13. 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
  1. 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.

    CE 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.
  2. 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). 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

 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.

Talk 300 Add On - Terms and Conditions

  1. The following terms and conditions of the Talk 300 Add On scheme ("the Scheme") are in addition to and form part of the terms and conditions of the Vodafone mobile telecommunications service. In the event of any conflict, these terms and conditions shall prevail.
  2. The Scheme is only available to Vodafone Perfect Fit customers who do not participate in any other Vodafone discount scheme Customers who avail of the Scheme will be entitled to receive a monthly bundle of minutes (called "Talk 300 Add On") in addition to their Perfect Fit tariff bundle. Please refer to Vodafone's tariff tables for details of the number of minutes included and the associated charges.
  3. Each customer may only avail of one Talk 300 Add On each month.
  4. Talk 300 Add On is automatically applied free every month to customers on Perfect Fit 600. Perfect Fit 600 customers cannot purchase an additional Talk 300 Add On in addition to the free Talk 300 Add On automatically allocated each month.
  5. Customers may use the monthly Talk 300 Add Ons to call other Vodafone Ireland numbers landlines within the Republic of Ireland. Customers may not use the monthly Talk 300 Add Ons to make international, value added or premium rate calls or to make calls while roaming.
  6. Talk 300 Add On minutes cannot be used to call customers on other Irish mobile networks.
  7. Talk 300 Add On minutes can be used Monday to Friday, 6pm to 8am, and all weekend (Friday 6pm to Monday 8am (Including Bank Holidays)
  8. Any unused portion of the monthly Talk 300 Add Ons may be carried forward to the next month. The maximum number of minutes that can be carried forward each month is the number of minutes the Customer is entitled to receive each month as part of their Talk 300 Add Ons (e.g. if the Customer is entitled to receive 300 minutes per month under their Talk 300 Add Ons, the maximum number of minutes that can be carried forward each month is 300).
  9. Vodafone reserves the right to withdraw the Scheme either generally or in respect of any particular Customer at any time and to vary or amend any element of the Scheme 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. Once the Talk 300 Add on is used, customers then revert to their standard Perfect Fit voice rate.

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

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.

Vodafone 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 €60 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 €100 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 €5 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

Data Roaming Spend Caps and Notifications

  1. Vodafone is required by law 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. From 1 July 2010, any customer who accesses data abroad (across the EU and the Rest of the World) will have a data roaming spend cap applied to his/her account and will receive related spend notifications by text message.
  3. For any Pay Monthly customer the applicable spend caps and notifications shall exclude VAT and are applied to a customer’s monthly billing period. For any Prepay customer, the applicable spend caps and notifications shall include VAT and shall be applied on a calendar month basis.
  4. All usage that accumulates towards the spend cap relates to a customer’s monthly billing period. For any customer on a data roaming price plan, usage accumulation will include the 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). Usage accumulated shall be reset to zero at the start of the next billing period.
  5. When a customer accesses data abroad, the first spend notification to be issued will be between 50% and 80% of the applicable spend cap (i.e. for the €50 spend cap, the notification will be between €25 and €40 of data usage). The next notification will be issued once the customer reaches the applicable spend cap and the customer shall also be barred from roaming. 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. Mobile broadband customers may need to upgrade their software in order to benefit from this service. If an inbound text message bar is in place then the end user will not receive notifications.
  6. Upon reaching a spend cap the customer will be barred 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.
  7. If at the start of the next billing period a bar remains in place on the customer’s account, it will be lifted automatically and accumulation towards the spend cap shall be reset to zero.
  8. Spend caps and notifications apply only to data that is used while roaming. No roaming premium is currently charged for Mobile Internet (i.e. Vodafone Live APN) or MMS usage while roaming, so such usage shall not contribute to the accumulated amount.
  9. Data roaming spend caps and notifications are only available to customers who avail of any current Vodafone standard data roaming price plan and will not apply or be available to customers who subscribe to any legacy or bespoke plan. For example:
    1. Customers that pay a standard per MB rate for data roaming will first have the €50 spend cap applied to their account. Should they choose to exceed this they will then have an upper spend cap of €300 applied to their account.
    2. Customer that have signed up to a data roaming tariff or bundle, such as Vodafone Connect Abroad or Vodafone Europe, will have only the €300 spend cap applied to their account.
  10. Vodafone's data roaming spend caps service is 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, will be barred from data roaming until the next billing date.
  11. Should a customer exceed the applicable spend cap, that customer shall accept the risk that he/she may accumulate significant charges within their monthly billing period.
  12. Vodafone will not be held liable to a customer in the event of any failure of the service. This shall include (but is not limited to) any loss or claim which arises due to the incorrect application of any spend cap, non-receipt of a notification or the issue of any notification without the customer’s consent. Vodafone will take all reasonable efforts to apply accurate data roaming spend caps and notifications to a customer’s account, according to the customer’s data roaming price plan and associated usage. However where changes have been made to the customer’s account or where any other exceptions occur, this may result in spend caps and notifications being out of step for the remainder of the month.
  13. Vodafone reserves the right to modify the service at any time. Vodafone may suspend or vary the service without prior notice for repair or maintenance, or for any other valid reason.
  14. A customer may choose to opt out of data roaming spend caps and notifications at any time. In opting out, the customer shall do so at his/her own risk and shall remain fully accountable for the usage and associated charges that may accumulate as a result.

Vodafone Europe

The following terms and conditions of the Vodafone Europe tariff 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 Broadband Service. In the event of any conflict the terms and conditions below shall prevail. The Vodafone Europe tariff is available to mobile data customers of Vodafone Ireland (“Customers”) and allows Customers to download/upload data at home and while roaming via their mobile phone account (subject to these terms and conditions).

  1. Existing Mobile Broadband Customers may migrate to the Vodafone Europe tariff by contacting their account manager, phoning the business helpdesk on 1907 or calling into a Vodafone Retail store or accredited agent. However where a Customer moves to Vodafone Europe from a pre-existing legacy tariff, he/she will not be able to return to the latter.
  2. New Customers who wish to sign up to Vodafone Europe must firstly enter into an agreement for the provision of a Mobile Broadband modem. For details of the contract term contact the business helpdesk on 1907 or call into a Vodafone Retail store or accredited agent.
  3. Standard contract termination charges will apply as per the ‘General Terms and Conditions of the Vodafone Mobile Telecommunications Service’.
  4. Vodafone Europe shall be made available to the Customer from the next bill day following the date of sign up.
  5. Once the tariff is activated, the charge will be applied on a monthly basis unless Vodafone is instructed to change the tariff by the Customer.
  6. A monthly data download allowance of 10 gigabytes (Gb) applies. The bundle allowance can be used for data at home or while roaming as detailed below. Usage in excess of the 10Gb allowance, before the start of the next billing month, will be charged at 2c (ex. VAT) per megabyte when used domestically and at €1 (ex. VAT) per megabyte when used while roaming in the countries outlined in Section 9 below. Please note that a fair usage limit of 5Gb applies to data roaming usage consumed from the tariff bundle.
  7. Any unused data within a monthly data download allowance cannot be carried over from one month to the next.
  8. Vodafone Europe is available for Customers using data while roaming on the APN’s listed below:
– HS.Vodafone APN
– ISP.Vodafone APN
– Office.Vodafone APN– All Private/Corporate APN's
  1. Vodafone Europe is valid on all networks within the following 13 countries: Albania, Czech Republic, France, Germany, Greece, Hungary, Italy, Malta, Netherlands, Portugal, Romania, Spain and UK.
  2. Outside of the above countries, data roaming will be charged per Mb according to the zone the Customer is roaming in:
– Zone 1: Europe - €1 per MB (ex. VAT)
Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, Latvia, Lithuania, Luxembourg, Poland, Slovakia, Slovenia, Sweden and Switzerland.

– Zone 2: Rest of World- €5 per MB (ex. VAT)
Argentina, Australia, Bahrain, Bermuda, Brazil, Canada, China, Colombia, Egypt, Guadeloupe, Hong Kong, Iceland, India, Indonesia, Israel, Jamaica, Japan, Kenya, Kuwait, Malaysia, Mexico, New Zealand, Norway, Pakistan, Philippines, Russia, Saudi Arabia, Serbia & Montenegro, Singapore, South Africa, Sri Lanka, Thailand, Turkey, Ukraine, United Arab Emirates and the USA.
  1. Data roaming in countries outside of the countries listed in section 9 and outside of the above two zones will incur a data roaming charge which is specific to each network – see vodafone.ie for details.
  2. 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.
  3. Vodafone Europe is specifically for use by Vodafone Ireland customers that have a fair distribution of both domestic data and roaming data usage. 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 service where Vodafone (as it in its sole discretion shall determine) considers that:
a. the Customer represents a credit risk to Vodafone;
b. the Customer is using the tariff solely for roaming data;
c. a Customer's use of the service is or is potentially:
i. fraudulent or illegal; or
ii. adversely affecting the Vodafone Network or other Vodafone customers' ability to use or access other Vodafone services provided using the Vodafone Network.
  1. Use of VoIP (Voice over Internet Protocol) is not permitted within Vodafone Europe 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 the Vodafone Europe tariff generally or from any particular Customer at any time and to vary or amend any element of the Vodafone Europe 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.
  3. If for any reason a Customer wishes to return his/her Vodafone Mobile Broadband modem to the store, he/she may do so within 7 days and receive a full refund (such Customers will also receive a full refund of their first month's rental and no termination charges will apply). In order to avail of this returns policy, the modem must not be faulty due to damage caused to it whilst in a Customer’s possession and must be returned complete with proof of purchase, packaging, cables, software CD and user guide.

 

Vodafone EU Data Roaming Add On Bundle - Terms and Conditions

The following terms and conditions of the Vodafone EU Data Roaming Add On Bundle 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 Broadband Service. In the event of any conflict the terms and conditions below shall prevail. The Vodafone EU Data Roaming Add On Bundle (“Add On Bundle”) is available to mobile data customers of Vodafone Ireland (“Customers”) and allows Customers to download/upload data at home and while roaming via their mobile phone account (subject to these terms and conditions). Vodafone will withdraw the Add On Bundle on the 30th of June 2010.

  1. Customers may migrate to the Add On Bundle by phoning the helpdesk or calling into a Vodafone Retail store or accredited agent. Business customers can avail of the Add On Bundle by calling the business helpdesk or contacting their account manager. However where a Customer moves to Add On Bundle from a pre-existing legacy Add On Bundle, he/she will not be able to return to the latter.
  2. The Add On Bundle shall be made available to the Customer from the next bill day following the date of sign up. Once the Add On Bundle is activated, the charge will recur monthly until the 30th of June 2010 or next applicable customer bill day at which time the Add On Bundle will be ceased and the customer will revert to paying per MB for data roaming services at a rate of €5 per MB (ex VAT). For example: if a customer is on bill day 7 and signs up on the 5th of June 2010, the Add On Bundle will be activated on the 7th of June and will remain active until the 7th of July 2010 at which point the Add On Bundle will cease. As this price plan is only available from the 1st of March until the 30th of June 2010, any customer who signs up to the Add On Bundle will at the end of this period have the price plan removed from their account and they will revert to paying per MB for data roaming services at a rate of €5 per MB (ex VAT).
  3. For €40 (ex VAT) per month the Add On Bundle consists of a monthly data download allowance of 500 Megabytes (MB). The bundle allowance can be used for data roaming on all networks in all countries within the Europe Zone, as outlined in Section 7 below. The Monthly rental constitutes a cap for the Europe Zone however usage outside Europe is not covered by the bundle and will be charged on a per MB basis of €5 (ex VAT) per MB.
  4. Any unused data within a monthly data download allowance cannot be carried over from one month to the next.
  5. Data downloaded / uploaded while on the Vodafone Ireland network is excluded from the Add On Bundle.
  6. The Add On Bundle applies to usage on all APNs with the exception of the following:
    • Live APN
    • WAP APN
    • MMS APN
  7. The Add On Bundle is valid on all networks within the following countries:
    • Zone 1: 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 UK.
  8. Vodafone reserves the right to amend the list of countries to which the tariff applies, whether by addition, deletion, or otherwise, at any time without further notice.
  9. 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 service where Vodafone (as it in its sole discretion shall determine) considers that:
    • the Customer represents a credit risk to Vodafone;
    • a Customer's use of the service is or is potentially:
    • fraudulent or illegal; or
    • adversely affecting the Vodafone Network or other Vodafone customers' ability to use or access other Vodafone services provided using the Vodafone Network.
  10. Use of VoIP (Voice over Internet Protocol) is not permitted within the Add On Bundle and Vodafone reserves the right to impose technological or other constraints on this or related types of application.

Vodafone InTouch - Terms and Conditions

  1. Vodafone InTouch will advise the customer of calls missed whilst their phone is out of coverage, powered off, or busy in instances where a voicemail is neither deposited, or the voicemail mailbox is not active on the account.
  2. The message issued to the customer is limited to 159 characters, therefore some missed calls may be lost due to messaging size constrictions.
  3. Customers will receive one InTouch alert per caller.
  4. Missed calls will be advised to the customer when the customer comes back into coverage/mobile is powered back on/ the customer is no longer busy.
  5. Rejected calls are treated as a busy call and will therefore also receive an SMS to advise of missed call.
  6. The customer will be able to respond to the InTouch alert via SMS or voice call.
  7. Callers with a private number will be listed as an “unknown call” in the notification.  Customers who wish to be notified of calls missed from a private number, will need to activate this part of the service by calling 171 and amending their settings.
  8. The InTouch alert will appear to come from the caller. . However neither the caller or recipient will be charged for the alert

Vodafone Landline and Fixed Broadband Services

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

A. Standard Terms and Conditions

  1. These Terms and Conditions together with the application form and the terms and conditions of any applicable Service options, tariff plans or promotions constitute a legally binding agreement (the "Agreement") between Vodafone and the Customer. 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 seven (7) 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

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 fulfill 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 seven (7) 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.

Dell Inspiron Mini 9 with Vodafone Mobile Broadband Service Terms and Conditions

The following terms and conditions apply to use of the Dell InspironTM Mini 9 with the Vodafone mobile broadband service and are in addition to and form part of the general customer terms and conditions of Vodafone Ireland Limited ("Vodafone") that relate to the use of Vodafone mobile telecommunications services. In the event of any conflict between these terms and conditions and the general terms and conditions these terms and conditions shall prevail.

Customers should note that the Vodafone 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. Customers purchasing the Dell Inspiron Mini 9 will be signing up to a minimum 12 month contract with Vodafone for 3G broadband.
  2. If Customers terminate their contract during the 12 month period a termination charge will apply based on the sum of the monthly tariff charges which would have been payable.
  3. Vodafone mobile broadband tariff shall be made available to the Customer from the next bill day following sign up.
  4. A monthly data download allowance of 5 gigabytes (Gb) applies. Usage in excess of 10Gb per month will be charged at 2c (VAT Inc.) per megabyte.
  5. 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 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 customer's ability to use or access other Vodafone services provided using the Vodafone network.
  6. Vodafone reserves the right to withdraw the Vodafone mobile broadband tariff generally or from any particular Customer at any time and to vary or amend any element of the Vodafone 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.
  7. Any unused data within a monthly data download allowance can not be carried over from one month to the next.
  8. Data Roaming is excluded from the Vodafone mobile broadband tariff. It is highly recommended that the Customer opts into Vodafone Connect Abroad or contacts their account manager or retail store before roaming
  9. If your Dell InspironTM Mini 9 develops a fault, you can:
    1. Call Vodafone on 1850 287 000;
    2. Return it along with proof of purchase to the retail store for a repair; or
    3. You can arrange for Dell to collect and return to your home address by calling Dell on 1850 543 543.
  10. If you wish to return your Dell Inspiron Mini 9 to the store and receive a full refund you can do so within 14 days of purchase. You must have proof of purchase and the product must be unused and suitable for resale. You will also receive a full refund of your first month's 3G Broadband Price Plan and no termination charges will apply.

Terms and conditions of the Samsung N130 Netbook with Vodafone Mobile Broadband service

The following terms and conditions apply to use of the Samsung N130 Netbook with the Vodafone mobile broadband service and are in addition to and form part of the general customer terms and conditions of Vodafone Ireland Limited ("Vodafone") that relate to the use of Vodafone mobile telecommunications services.

In the event of any conflict between these terms and conditions and the general terms and conditions these terms and conditions shall prevail.

Customers should note that the Vodafone 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. Customers purchasing the Samsung N130 Netbook will be signing up to a minimum 18 month contract with Vodafone for 3G broadband.
  2. If Customers terminate their contract during the 18 month period a termination charge will apply based on the sum of the monthly tariff charges which would have been payable.
  3. The Vodafone mobile broadband tariff shall be made available to the Customer from the next bill day following sign up.
  4. A monthly data download allowance of 10 gigabytes (Gb) applies. Usage in excess of 10Gb per month will be charged at 2c (VAT Inc.) per megabyte.
  5. 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 mobile broadband service where Vodafone (as it in its sole discretion shall determine) considers that:
    • such action is in the Customer's best interests, including (but not limited to) avoiding unusually or excessively high billing invoices;
    • the Customer represents a credit risk to Vodafone;
    • a Customer's use of the service is or is potentially:
      • fraudulent or illegal; or
      • adversely affecting the Vodafone network or other Vodafone customer's ability to use or access other Vodafone services provided using the Vodafone network.
  6. Vodafone reserves the right to withdraw the Vodafone mobile broadband tariff generally or from any particular Customer at any time and to vary or amend any element of the Vodafone 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.
  7. Any unused data within a monthly data download allowance can not be carried over from one month to the next.
  8. Data roaming is excluded from the Vodafone mobile broadband tariff. It is highly recommended that the Customer opts into Vodafone Connect Abroad or contacts their account manager or retail store before roaming.
  9. If your Samsung N130 Netbook develops a fault, you can:
    • Call Vodafone on 1850 287 000
    • Return it along with proof of purchase to the retail store for a repair; or
    • You can arrange for Samsung to collect and return to your home address by calling Samsung on 0818 717 100
  10. If you wish to return your Samsung N130 Netbook to the store and receive a full refund you can do so within 14 days of purchase. You must have proof of purchase and the product must be unused and suitable for resale. You will also receive a full refund of your first month's Mobile Broadband Price Plan and no termination charges will apply.

Terms and conditions of the Samsung N150 Netbook with Vodafone Mobile Broadband service

The following terms and conditions apply to use of the Samsung N150 Netbook with the Vodafone mobile broadband service and are in addition to and form part of the general customer terms and conditions of Vodafone Ireland Limited ("Vodafone") that relate to the use of Vodafone mobile telecommunications services. In the event of any conflict between these terms and conditions and the general terms and conditions these terms and conditions shall prevail.

Customers should note that the Vodafone 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. Customers purchasing the Samsung N150 Netbook will be signing up to a minimum 18 month contract with Vodafone for 3G broadband.
  2. If Customers terminate their contract during the 18 month period a termination charge will apply based on the sum of the monthly tariff charges which would have been payable.
  3. Vodafone mobile broadband tariff shall be made available to the Customer from the next bill day following sign up.
  4. A monthly data download allowance of 10 gigabytes (GB) applies. Usage in excess of 10GB per month will be charged at 2c (VAT Inc.) per megabyte.
  5. 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 mobile broadband service where Vodafone (as it in its sole discretion shall determine) considers that: :
    • such action is in the Customer's best interests, including (but not limited to) avoiding unusually or excessively high billing invoices;
    • the Customer represents a credit risk to Vodafone;
    • a Customer's use of the service is or is potentially:
      • fraudulent or illegal; or
      • adversely affecting the Vodafone network or other Vodafone customer's ability to use or access other Vodafone services provided using the Vodafone network.
  6. Vodafone reserves the right to withdraw the Vodafone mobile broadband tariff generally or from any particular Customer at any time and to vary or amend any element of the Vodafone 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.
  7. Any unused data within a monthly data download allowance can not be carried over from one month to the next.
  8. Data Roaming is excluded from the Vodafone mobile broadband tariff. It is highly recommended that the Customer opts into Vodafone Connect Abroad or contacts their account manager or retail store before roaming.
  9. If your Samsung N130 Netbook develops a fault, you can:
    • Call Vodafone on 1850 287 000
    • Return it along with proof of purchase to the retail store for a repair; or
    • You can arrange for Samsung to collect and return to your home address by calling Samsung on 0818 717 100
  10. If you wish to return your Samsung N150 Netbook to the store and receive a full refund you can do so within 28 days of purchase. You must have proof of purchase and the product must be unused and suitable for resale. You will also receive a full refund of your first month's Mobile Broadband Price Plan and no termination charges will apply.

Vodafone Maps - Terms and Conditions 

  1. 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. Get in touch by emailing us at care@vodafone.ie or contacting us 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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 Pay Monthly 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.
  9. 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.
  10. 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.