IRELAND ON LINE Terms & Conditions of Service applicable to IOL Anytime, IOL NetSmart & IOL Free.

”Acceptable Usage Policy” shall mean the usage policy as displayed on Esat BT’s web sites at www.iol.ie and/or www.esatbt.com . 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 BT’s 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 4.
“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 access.
“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 Act, 1983.
“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 Customer’s 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. Service
2.1 For technical, operational and commercial reasons we shall be entitled to vary the Service and any aspect thereof at any time.
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 BT’s customer care number is freephone 1800 923222 or such other number as may be advised from time to time.
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. Payment
3.1 Esat BT’s 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 charge period.
3.7 Customers will remain liable to their Access Provider, when their use of a Service requires the use of the Access Provider’s 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 tariffs.
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 BT’s 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.

4. Use of the Service - General
4.1 The Customer undertakes not to use the Service or the Equipment:
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 it’s absolute discretion makes abnormal demands on the service or Esat BT’s 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 herein stated.
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 BT’s 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.Liability
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 BT’s 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 Customer’s 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.

6. 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 period.
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 date.
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 authority; or
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 the Service.
6.8 if for technical reasons it is not possible to provide the Service.
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.

7. Force Majeure
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. Assignment
8.1 Esat BT may assign this Agreement to an Affiliate of it without consent.
8.2 The Customer shall not assign this Agreement in whole or in part without the prior written consent of Esat BT.

9. No Waiver

9.1 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.
9.2 Any deficiency in the Customer’s 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. Notices
10.1 Esat BT shall send all notices either to the Customer’s address as provided on registration or place same on the Esat BT webpage www.iol.ie.
10.2 Esat BT’s 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.

11. 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 Customer’s consent as given on the application form and the Customer Authorisation Form overleaf.
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. Miscellaneous
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.

 

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