ON LINE Terms & Conditions of Service applicable to IOL
Anytime, IOL NetSmart & IOL Free.
Usage Policy shall mean the usage policy as displayed
on Esat BTs web sites at www.iol.ie
. This policy may be amended by Esat BT from time to time.
Access Provider shall mean the company that provides
the physical telephone line(s) and associated telephone number(s).
Affiliate shall mean a holding company, group
company, or subsidiary direct or indirect, or a company which
is under the common control with the company concerned.
Agreement, shall mean these terms and conditions,
Esat BTs tariffs for the Service, the application form
and the Customer Authorisation Form overleaf and the online
registration form which together constitute a legally binding
agreement between Esat BT and the Customer. The Agreement
shall come into force once the Customer commences to use the
Service as determined by us. On entering into the Agreement,
you shall be deemed to have obtained the authority of the
person who leases the physical telephone line(s) across which
the Service is provided. Esat BT reserves the right to amend
the Terms and Conditions of this Agreement from time to time.
Allotted Minutes means the number of minutes per
month allocated to the Customer under the NetSmart Service.
Anytime Hours, shall mean the number of hours
per calendar month provided as part of the Internet access
service called IOL Anytime. Internet access will
be provided for 180 hours each month in exchange for the monthly
charge. The number of hours is subject to change from time
to time and advice of same will be posted on the website at
www.iol.ie. The number of
Anytime Hours are per calendar month and any hours that are
unused will not be carried over to the next calender month.
Connection Details shall mean the password identity
and or account formula including but not limited to user name
and authorisation codes which are given exclusively to the
Customer for the purposes of gaining access to the Network.
Where a particular password or user name is requested, Esat
BT will endeavour to provide it. It is subject to availability
and may need to be changed from time to time by Esat BT. In
the case of the IOL Anytime Service, the password, username
and your telephone number will be used to authorise your connection
to the IOL Anytime Service.
Connection Software shall mean all software provided
on the PC to the Customer under licence to facilitate connection
to the Residential Internet Service as defined.
Customer shall mean the person using the Service
(Customer or you).
Esat BT, "IOL", we, or us
shall mean the provider of the Service being Esat Telecommunications
Limited of Grand Canal Plaza, Upper Grand Canal Street, Dublin
NetSmart Service shall mean the residential internet
service whereby the Customer agrees to purchase a fixed number
of Off Peak and or Weekend internet access minutes per month.
In the event that Customer fails to use their Allotted Minutes
per month those minutes will not be carried over to the following
or any subsequent month.
"IOL Anytime Service shall mean a service whereby
the Customer shall be provided with dial up access to the
Internet at a flat rate charge per month. The Service can
be used during the daytime, evenings and weekends. The monthly
subscription for IOL Anytime provides 180 hours of Internet
Network shall mean the telecommunications system
owned and operated by Esat BT in accordance with its licence
granted pursuant to Section 111(2) of the Postal and Telecommunications
Office of the Director of Telecommunications Regulation
or Director of Telecommunications Regulation or
"ComReg" shall mean the National Regulatory Authority
for the telecommunications market in Ireland.
Off Peak shall mean 6pm to 8am Monday to Friday
Residential Internet Service shall mean the provision
by Esat BT of a residential internet facility, known as IOL
Free which shall enable the Customer to access the Internet
on a pay per minute basis.
Service shall mean IOL Free, NetSmart, the IOL
Anytime Service, the Residential Internet Service, or any
combination of these services.
Web Space shall mean an allocated amount of storage
space for the Customers use as personal web pages, which
amount will be communicated to the user from time to time.
The size of the space provided shall be subject to availability
at the time of application.
Weekend shall mean 6pm Friday to 8am Monday
2.1 For technical, operational and commercial reasons we shall
be entitled to vary the Service and any aspect thereof at
2.2 Esat BT shall Automatically Disconnect customers of the
Anytime Service after 5 consecutive hours
2.3 There shall be an Automatic Timeout of the Anytime service
after 15 minutes of inactivity.
2.4 We may provide you with an autodialler to allow you to
avail of the Residential Calling Service. The autodialler
and any attachments shall remain the property of Esat. On
termination of the Agreement in accordance with Section 7
herein, we reserve the right to recover same at any time thereafter.
2.5 Esat BT shall provide customers of its Residential Internet
Service with Connection Software and Connection Details.
2.6 Esat BTs customer care number is freephone 1800
923222 or such other number as may be advised from time to
2.6 Where a Customer avails of a promotional offer and/or
a joint offer with our partner(s), subject to eligibility
and availability, the terms and conditions of the respective
offer shall apply for the time limit specified.
3.1 Esat BTs tariffs for the Service(s), as amended
from time to time, also form part of the Agreement and are
set out on our website at <www.iol.ie>. We reserve the
right to alter such tariffs and shall notify the Customer
via the website <www.esatbt.ie> or <www.iol.ie>
within a reasonable period in advance of the effective date.
All quoted tariffs shall be inclusive of Value Added Tax.
3.2 All sums due to us shall be paid in full by credit card
or direct debit mandate. Provision of the Service shall be
conditional on the Customer making all necessary arrangements
to pay for the Service by such means.
3.3 Existing Customers of Esat BT who take the IOL Anytime
Service agree to pay for all their Esat BT services by Direct
Debit or Credit Card and hereby agree to an amendment of their
existing service contracts with Esat BT.
3.4 NetSmart Customers shall be charged bi-monthly in advance
for their monthly subscription tariff. Any additional charges
for the NetSmart service shall be charged monthly in arrears.
As some usage takes longer to rate, you may be billed for
charges incurred in a prior billing period.
3.5 IOL Anytime customers shall be charged bi-monthly in advance
for the IOL Anytime Service. A bill will not be issued for
the IOL Anytime Service.
3.6 IOL Anytime customers first charge for the IOL Anytime
Service shall be pro-rated to correspond with the period for
which Esat BT will collect payment. This means that the first
charge may be for a partial month in addition to the regular
3.7 Customers will remain liable to their Access Provider,
when their use of a Service requires the use of the Access
Providers network in circumstances where such use is
not covered by an interconnection agreement between Esat BT
and the Access Provider, resulting in the Customer being billed
directly for such usage.
3.8 In the event that a Customer of the NetSmart or IOL Anytime
Service fails to use their Allotted Minutes or Anytime Hours
in the appropriate month these minutes will not be carried
over to the following or any subsequent month.
3.9 In the event that a Customer of the NetSmart or IOL Anytime
Service exceeds their Allotted Minutes and/or Anytime Hours,
any additional internet access minutes will be charged to
that Customer at the prevailing Residential Internet Service
3.10 All Customers of the NetSmart Service will be temporarily
disconnected at 8am and 6pm Monday - Friday. Esat BT has no
liability whatsoever for the consequences of any such disconnection.
3.11 Should you disagree with any charges, you are requested
to write or phone us before the date that payment is due.
If the charges are incorrect, we shall amend with a new date
for payment. Otherwise the full amount remains due
3.12 Other than in a case of manifest error by Esat BT, all
charges shall be calculated by reference to the data recorded
or logged by Esat BT. Esat BTs determination in respect
thereof is final.
3.13 For the avoidance of doubt, you shall continue to receive
a bill from your Access Provider for line rental and any other
services not covered by the Agreement.
Use of the Service - General
4.1 The Customer undertakes not to use the Service or the
4.1.1 for any improper, immoral or unlawful purpose, nor cause
any nuisance by the use of the Service, nor allow others to
use the Service for any of the foregoing purposes; or
4.1.2 for the transmission of any material which is, may be
or is intended to be a hoax or is of a defamatory, offensive,
abusive, obscene or menacing nature; or
4.1.3 for the infringement of intellectual property rights
or trade secrets of another party; or
4.1.4 for the processing of automated personal data as defined
in the Data Protection Act, 1988.
4.1.5 in a manner which in the opinion of Esat BT in its
absolute discretion makes abnormal demands on the service
or Esat BTs network or facility from a single connection.
4.2 You shall ensure that all persons having access to the
Service or the Equipment comply with the terms and conditions
4.3 You are bound to observe the confidentiality of the Connection
Details and are therefore responsible for the security thereof.
4.4 You shall observe the provisions of Esat BTs Acceptable
Usage Policy as amended from time to time.
4.5 You shall not use the Web Space for business purposes,
including, but not limited to advertising, and you hereby
acknowledge that provision of same is for personal use only.
4.6 You shall ensure that all hardware, software, and equipment
provided by you for accessing the Service is maintained and
kept in good working order.
4.7 You shall comply and are bound by all conditions of the
licence under which the Equipment is provided.
4.8 You shall comply with all reasonable instructions given
to you by us in relation to the use of the Services.
4.9 You shall inform Esat BT of change of name, address email
address and/or telephone number.
4.10 You shall indemnify and hold us harmless against all
liabilities, claims, damages, losses, expenses and proceedings
howsoever arising from or in any way connected with the use
of the Service or the Equipment.
5.1 We shall use all reasonable endeavours to ensure that
the Service is available for use by you in accordance with
the standards for the time, being relating to the Service
as set out in Esat BTs service literature, but shall
not be liable for any delay, failure, interruption, or deterioration
therein, howsoever arising.
5.2 Esat BT shall make reasonable efforts to prevent unauthorised
access to the Service by third parties but shall have no liability
to the Customer for any unauthorised access to the Customers
Equipment or computer system.
5.3 The Customer accepts that Esat BT has neither control
over the content of, nor is responsible for, information that
is transmitted and made available on the Internet and that
the security of the Internet as a communication medium, or
as a medium for purchasing or payment cannot be guaranteed.
5.4 We shall not be liable for any loss or damage of any kind
caused by the failure of the Service or Equipment due to the
incompatibility with the Service of hardware, software, and/or
equipment supplied by you. Neither shall any third party,
including without limitation, Irish Rail or Iarnrod Eireann
and Affiliates, with whom Esat BT or any of its Affiliates
have entered into arrangements with for the provision of services,
networks, equipment, wayleaves or rights of passage, have
any liability to you, howsoever arising, as a result of the
failure, interruption or delay connected with or involving
any of the aforementioned.
5.5 We shall not be liable to you or any third party in contract,
tort or otherwise for any financial loss whatsoever or for
any indirect or consequential loss howsoever arising in relation
to the use of the Service or the Equipment or any failure
or error or default by us in the provision thereof, or otherwise
in connection with this Agreement. Without prejudice to the
generality of the foregoing, any and all liability arising
under the Sale of Goods and Supply of Services Act 1980 is
excluded to the fullest extent permitted by law.
5.6 We shall have no liability under this Agreement for the
acts and omissions of other telecommunication operators and/or
Internet Service Providers.
5.7 We shall not be liable for claims arising out of a breach
in the security or privacy of messages transmitted using the
Service provided by us unless the breach results from a wilful
act or omission of Esat BT or its employees.
5.8 This Clause 5 shall continue to apply notwithstanding
termination of this Agreement.
Term and Termination
6.1 This Agreement shall be for initial term of 1 year and
shall continue for further periods of 1 year unless terminated
in accordance with the terms and conditions herein.
6.2 The Customer may terminate the Agreement after the initial
term upon reasonable written notice to Esat BT and any such
termination shall be effective on the expiry of such notice
6.3 Esat BT may terminate this Agreement at any time without
reason. Notwithstanding such termination any Customer of the
NetSmart Service who seeks to terminate shall be liable to
pay for any outstanding charges up to and until the next billing
6.4 IOL Anytime customers, upon termination, acknowledge that
any sums paid to Esat BT are non-refundable.
6.5 Without prejudice to its rights under this Agreement Esat
BT shall have the right to terminate this agreement forthwith
by seven days written notice in the event that you are in
material default of any of your obligations under this Agreement.
6.6 Esat BT shall have the right forthwith to suspend the
Service or terminate the Agreement if a Customer exceeds the
monthly allocation of minutes or Anytime Hours or fails to
pay for the service in accordance with these terms.
6.7 We shall have the right forthwith to terminate the Agreement
for due reason, including, but not limited to if:
6.7.1 the Customer is in breach of Clauses 4 and 5 above or
of the Connected Contract in respect of the Equipment.
6.7.2 the Customer is in breach of any term of the Agreement
or any information supplied by the Customer to Esat BT is
false or misleading; or
6.7.3 we are obliged to comply with an order, instruction
or request of Government, the Director of Telecommunications
Regulation, an emergency service organisation or other competent
6.7.4 you are suspected of involvement with fraud or acts
which are of defamatory, offensive, abusive, obscene, menacing,
unsuitable or unlawful character in connection with use of
6.8 if for technical reasons it is not possible to provide
6.9 The Termination of this Agreement or default of the Customer
hereunder shall not affect any obligation of the Customer
under the Connected Contract.
In the event of 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, 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.
8.1 Esat BT may assign this Agreement to an Affiliate of it
8.2 The Customer shall not assign this Agreement in whole
or in part without the prior written consent of Esat BT.
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.
9.2 Any deficiency in the Customers authority to avail
of the Service or to use the Equipment shall not preclude
reliance by Esat BT on any of its rights under this Agreement.
10.1 Esat BT shall send all notices either to the Customers
address as provided on registration or place same on the Esat
BT webpage www.iol.ie.
10.2 Esat BTs address for service of any notice hereunder
shall be such address as appears on the last written correspondence
rendered to the Customer or such other address as may be prescribed
by Esat BT for the purpose.
10.3 All written correspondence from Esat BT shall be deemed
served 48 hours after posting or on earlier proof of delivery.
Use of Information
11.1 In accordance with the provisions of the Data Protection
Act 1988, any information obtained by Esat BT or through the
use of the Service and (subject to the right of the Customer
to request otherwise on the application form overleaf) may
be used by Esat BT to identify other products and services
which may be offered to the Customer.
11.2 In accordance with the Data Protection Act 1988 and the
Carrier Pre-Selection Code of Practice, any information obtained
by Esat BT through an application for or the use of the CPS
Residential Calling Service may be accessed and used by Esat
BT and its Affiliates for the purposes of accurate billing
and efficient operation. The Customer shall be deemed to have
given consent for the use of his information for such purposes.
The use of such information for purposes other than billing
and operation shall be subject to the Customers consent
as given on the application form and the Customer Authorisation
11.3 In respect of Services other than the CPS Residential
Calling Service, use of such information shall be confined
to Esat BT and its Affiliates. Any information so obtained
may be disclosed by Esat BT to any person where this is necessary
for the provision of the Service or to any person who assumes
the rights of Esat BT under this Agreement and to any credit
reference agency or bureau, subject to the right of the Customer
to request otherwise on the application form overleaf
14.1 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 shall remain in full force and effect.
14.2 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.