General Terms & Conditions
The following words shall have the following meanings:
“Agreement” means the Fastcom terms and conditions, the Customer Authorisation Form and the Acceptable Usage Policy (each as may be amended, extended or replaced by Fastcom from time to time).
“All Calls” Option, enables Fastcom to provide a single bill to the Customer covering all aspects of voice services, at rates Fastcom determines, where voice services mean all telephone services, calls and Call Management Services, unless otherwise excluded.
“Authorised Installer” shall mean a person or company appointed by Fastcom to install, adjust, maintain or repair the Equipment.
“Charges” means all charges payable to Fastcom for the Service and includes, without limitation, the Line Rental Charges, Equipment rental charges and Call Management Services Charges.
“Cooling-Off Period” means the Customer shall have the right to cancel the Service without penalty within fourteen (14) days of placing an order with Fastcom by giving Fastcom notice in writing during the Cooling-Off Period that the Customer 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).
“Customer” means the person(s) using the Service whose details are provided in the Customer Application for the Service.
“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. This information may also be captured via TPV or sign up over the Internet as per the specified processes.
“Data Protection Legislation” means the Data Protection Acts 1988 and 2003 and any amendment, replacement or supplement thereto, from time to time.
“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 Fastcom shall adhere to in charging a Customer who is eligible under the scheme.
“Equipment” means a telephone or other equipment of the Access Provider or Fastcom that is located on the Customer’s premises.
“Fair Usage Policy” Customers who are on an unlimited tariff with respect to the service are advised that Fastcom Telecom may operate a Fair Usage Policy for use of all unlimited tariffs.
“Fastcom” or “Fastcom Telecom”, “we”, “us” means Fastcom Broadband Ltd T/A Fastcom Telecom registered address of Third Floor, Carroll House, 15/16 Stephen Street, Sligo, F91 ADK4, Ireland.
“Minimum Subscription Period” means the period of no less than six (6) months or twelve (12) months (depending on package selected) commencing on date of installation of the Equipment.
“Network” means the telecommunications system used by Fastcom 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.
“Off-Peak” applies 6pm – 9am, Mon – Fri, 6pm Fri – 9am Mon and public holidays.
“Service” means an Internet Protocol (IP) based internet connectivity service provided by Fastcom, connecting the Subscriber to the Internet via Fastcom Broadband’s network, including any such additional services as may be subscribed to by the Subscriber.
“Start Date” means the “go-live” date from which your account will become active and Fastcom will commence providing the Services. Fastcom will communicate an estimated Start Date to you in advance but this date is not guaranteed.
“Subscription Period” means the entire term of this Agreement. This Agreement shall automatically continue in force and effect after the Minimum Subscription Period unless and until cancelled by either Party upon thirty (30) days’ prior written notice to the other Party.
“Third Party Verification” or “TPV” means the independent means of verifying a Customer’s consent and obtaining the information from the Customer required approving the provision of the Service. It is conducted via the telephone, with a recording of the call serving as a record of the Customer’s consent.
1 THE SERVICE & THE EQUIPMENT
1.1 In consideration of the Subscription, Fastcom supplies the Service and the Equipment to the Subscriber, pursuant to this Agreement. Fastcom hereby grants the Subscriber the right to use the Equipment and the Service in accordance with the terms of this Agreement, and the Subscriber hereby accepts such use on the terms and conditions as set out in this Agreement.
1.2 Fastcom will make reasonable commercial efforts to maintain access to the Service and ensure that it is available for use by the Subscriber. However, Fastcom cannot be held responsible for accidental non-availability for outages of services, or for unforeseen interruptions to the Service.
2.1 Subscriber is at least eighteen (18) years of age, is legally able to enter into contracts and is responsible for this subscriber account. Subscriber shall pay all fees, taxes, charges and other expenses incurred in connection with the account.
2.2 Subscriber accepts that Fastcom may change or withdraw any element of the Service from time to time and will use reasonable efforts to notify Subscriber of any necessary change in the Services.
2.3 The Subscriber acknowledges that the basis of this Agreement is that:
2.3.1 the Subscriber shall at its own cost ensure that the Premises is suitable for the installation, use and accommodation of the Equipment;
2.3.2 if the Subscriber is not the owner of the Premises on which the Equipment will be installed, it is the Subscribers responsibility prior to the installation of the Equipment, to ensure they have received all requisite consents and authorisations from the owner of the Premises to install the Equipment at the Premises. Fastcom shall assume no liability whatsoever arising from the failure of the Subscriber to procure such consent. The Subscriber acknowledges and agrees that it shall fully and effectively indemnify and keep Fastcom indemnified for any costs incurred as a result of the Subscriber’s breach of this Clause 2.3.2;
2.3.3 in order to facilitate delivery of the Equipment, the Subscriber shall grant access to Fastcom or an Authorised Installer to the Premises to allow for installation (and subsequently for the repair and maintenance) of the Equipment. Should the Subscriber fail to grant access to the Premises, the Subscriber shall be responsible for all reasonable costs associated with the labour time lost, and Fastcom shall not be responsible for non-provision of Services as a consequence; and
2.3.4 subject to Clause 2.3.3, connection to the Service will be made available to you once the Equipment has been successfully installed.
2.3.5 Subscriber acknowledges and agrees that from time to time Fastcom may be required to temporarily suspend the Service to subscriber to verify compliance with applicable licenses, authorisations, and compliance with the technical and operating parameters of the network. Under such circumstances Fastcom will use all reasonable efforts to minimise disruption to the Service including making reasonable efforts that any such suspension take place out of normal business hours.
2.4 In the event the Premises are not suitable for installation of the Equipment, it may be necessary to install additional Equipment to enable the Subscriber to avail of the Service. Any costs associated with the additional Equipment must be borne by the Subscriber in addition to the Subscription. The Subscriber will be advised of the costs (if any) for the additional Equipment in advance of the installation of the Equipment.
2.5 The Equipment is and shall remain the property of Fastcom and the Subscriber shall not be entitled to acquire any right, title or interest to the Equipment during or after termination of this Agreement. All risk of loss and damage in and to the Equipment shall, from the date of delivery to the Subscriber, rest with the Subscriber.
2.6 The Subscriber shall:
2.6.1 promptly notify Fastcom in writing if the Equipment is to be moved to a premises not being the Premises. Fastcom provides no warranty or any form of guarantee as to the connectivity to the Services at such new premises, and assumes no liability whatsoever if it is unable to provide the Services at the new premises. If the Service is not available at the new premises, this Agreement shall terminate upon the date upon which Fastcom is given access to de-install the Equipment from the Premises. If such de-installation occurs prior to the expiry of the Minimum Subscription Period, the Subscriber shall be liable in full for the charges in respect of the remainder of the Minimum Subscription Period unless Fastcom decides otherwise;
2.6.2 not move the Equipment from the site or location of its installation without the prior written consent of Fastcom, which consent shall not be unreasonably withheld;
2.6.3 not make any alteration or modification to the Equipment without Fastcom’s written consent;
2.6.4 keep the Equipment free from the claim of third parties and from attachment;
2.6.5 shall not alienate, transfer or encumber the Equipment either in part or as a whole or allow any lien to arise in respect thereof; and
2.6.6 advise the owner of the Premises of Fastcom’s ownership of the Equipment and prior to entering into this Agreement advise Fastcom of the name and address of the owner (and any subsequent owner) where the Equipment is installed whereupon Fastcom shall be entitled to notify such persons in writing of Fastcom’s rights in the Equipment and shall be allowed to inspect the Equipment at all reasonable times.
2.7 The Subscriber shall take all reasonable care in the use of the Equipment and shall at its own cost and expense maintain the Equipment in proper working order and protect it from loss and damage.
2.8 Fastcom shall, at its own cost, remedy any damage to the Equipment caused by faulty workmanship or defects in the Equipment provided that the Equipment was installed by Fastcom or by an Authorised Installer approved by Fastcom.
2.9 If the Service provided to the Subscriber is of unacceptable quality (the quality of the Service to be determined by Fastcom) the Subscriber shall be entitled to terminate this Agreement.
2.10 Upon the termination or expiry of this Agreement, the Subscriber shall immediately allow Fastcom to recover the Equipment, together with all documents as are in the Subscriber’s possession relating to the equipment from the Subscriber. Alternatively, where nominated by Fastcom to do so, the Subscriber shall be obliged, at its own risk and expense, to immediately return the equipment to Fastcom to an address to be nominated by Fastcom.
2.11 Fastcom reserves the right at its sole discretion to access the customer’s property for the purposes of maintenance or removal of Fastcom’s equipment.
3.1 Subscriber agrees to be bound by this Agreement and to use the Service in compliance with the terms of this Agreement and with Fastcom’s Acceptable Usage Policy and any modifications made to same from time to time.
3.2 This Agreement applies in regard of the provision of the broadband & voice services.
3.3 Provision of the Service by Fastcom shall be conditional on receipt by Fastcom of a completed Customer Authorisation Form (CAF) or the required authorisation being captured via TPV, or the Customer having signed up over the Internet in accordance with Fastcom procedures.
3.4 Each Customer Application for the Service shall be deemed to be in regard to voice & broadband unless otherwise specified in the Customer Application.
3.5 The Customer accepts that Fastcom shall have no liability for any losses or damages howsoever arising from non-provision of the Service. The customer accepts that they do not own any telephone number we make available to them under their Contract. The customer may request Fastcom to ‘port’ the number from another communications provider and we will try to do this wherever it is reasonably practicable. However, the customer accepts that this may not always be possible. In these circumstances, we may have to provide the customer with a new number. If the customer has any questions in this regard, please contact Fastcom Customer Services.
3.6 If the customer wants to set up new accounts at a new location, they acknowledge they will have to provide us with what we regard as suitable proof of new address. We will follow good industry practice in deciding what proofs of address are required. If an existing customer is moving address and cannot provide this information we will not be able to terminate your existing account and you will be liable for any charges that remain due in regard of the remainder of the term for the particular Service (for example, the remainder of the Minimum Period for the Broadband Service or calls made on this service).
4 CUSTOMER SUPPORT
4.1 Fastcom’s Customer Support number is 1890 71 71 71 or +353 71 9174092.
4.2 The Customer shall contact Fastcom in the event that they want to alter any aspect of the Service, including, but without limiting the generality of the foregoing, the addition of a telephone account, SIP account, upgrades to a telephone service, change in the Call Management Services and changes in the Customer’s premises where the Service is provided.
4.3 The Customer shall raise any complaints in relation to the Service and address these to Fastcom Telecom, Third Floor, Carroll House, 15/16 Stephen Street, Sligo, F91 ADK4, Ireland.
5 PAYMENT OF CHARGES & TERMINATION
5.1 The Subscriber shall pay the Subscription to Fastcom in the amount stipulated in the Customer Application Form or as advised by a customer service representative, monthly in advance, on the first (1st) of every month. Direct debits are processed between the ninth (9th ) and the eleventh (11th) of every month.
5.2 The Subscription may increase or decrease at such times and rates as may be notified to you from time to time, subject to the restrictions during the Minimum Subscription Period.
5.3 Fastcom shall be entitled and is hereby specifically authorised to, at its election, either immediately cancel this Agreement and/or suspend the supply of Services to the Subscriber and/or to recover the Equipment (as provided for in this Agreement), upon failure by the Subscriber to pay the Subscription or if the Subscriber is in breach of the terms of this Agreement.
5.4 Should a Subscriber’s payment fail for any reason that is due to the Subscriber, Fastcom shall reserve the right to apply an administration charge of €10.00 (inclusive of VAT) for each and every event of failure.
5.5 A €3 (inclusive of VAT) charge applies to all bills for non-Direct Debit customers.
5.6 Should it arise that a Subscriber’s Service is disconnected by Fastcom following continued payment failures, or non-payment, a reconnection charge of €10.00 (inclusive of VAT) shall be levied and must be paid by the Subscriber prior to reconnection by Fastcom. The subscriber will be liable for failed payment of bill missed and liable for the succeeding month also.
5.7 Should the Subscriber ever be occasioned to pay to Fastcom any ancillary amount, as is not provided for in this Agreement, then such amount shall be paid directly to Fastcom over and above the charges set out in this Agreement.
5.8 If the Service is not available as a result of damage to the Equipment by the Subscriber, whether inadvertently or intentionally, the Subscriber shall remain liable for the full Subscription amount during the period where the Service is not available to the Subscriber.
5.9 Should the subscriber wish to discontinue their service, then a period of 1 months’ notice shall be given to Fastcom by the Subscriber.
5.10 If the customer opts for paper or hard copy bill a €1.50 (inclusive of VAT) per month charge may be payable.
5.11 Should the Subscriber disagree with any charges shown on the Subscriber’s bill, the Subscriber is requested to lodge a complaint with Fastcom’s customer service 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; Fastcom shall credit any overpayment to the Subscriber’s account.
5.12 The Subscriber is responsible for checking any such contracts and for paying for any on-going charges or charges on termination payable to an old service provider.
5.13 A customer’s eligibility under the DSFA Scheme shall be indicated by the Customer when applying for the Service. In the event that it is determined that the Customer is not, or has not been, eligible for the DSFA Scheme, the Customer acknowledges and agrees that, without prejudice to any other rights or remedies that Fastcom may have under this Agreement or otherwise, any DSFA Scheme credits improperly awarded to the Customer may be recouped by Fastcom in a subsequent invoice from Fastcom to the Customer whether during or after the term of this Agreement.
5.14 Where you have entered a Contract to receive any Service from us, your account is limited in any one month to an amount which may either have been set at the time of your application or at any time thereafter while you have a Contract with us (“Credit Limit”). This Credit Limit is subject to the following provisions:
5.14.1 we may, depending on your payment history with us, lower your Credit Limit. On request, we may agree to raise your Credit Limit. If you wish to vary your Credit Limit you should telephone Customer Services;
5.14.2 as our billing system is not instantly updated each time you make a call, it is possible to exceed your Credit Limit. The Credit Limit does not immediately act as a bar and you may be able to incur Charges that result in you exceeding your Credit Limit. You will be liable for all Charges, including any in excess of your Credit Limit; and
5.14.3 we may suspend your service if your Credit Limit is exceeded.
5.15 In addition to setting a Credit Limit, we may ask you to pay a non-interest bearing deposit which we will be able, at any time, to use to pay off any Charges you owe. Any such deposit will be reasonable and will be assessed in the light of your previous Fastcom bills and credit history. At any time, you may ask for a refund of your deposit but this may result in us reducing your Credit Limit.
5.16 Charges for calls you make using any Service will be calculated using details logged and recorded by us. Calls are charged based on the rate applicable when the call was initiated. Individual charges will be rounded up to the nearest half cent and your total call charges rounded up to the nearest whole cent. In addition, and notwithstanding the preceding sentence, you may be charged a minimum call charge and the details of this charge will appear in our price list which is available on our Website.
5.17 You should also be aware that we may allocate Call Data Records (“CDRs”) which have been received late, whether from other Network Operators or otherwise, into the bill for your current Billing Period. Further details of late arriving CDRs are available from Customer Services.
5.18 We shall be entitled to amend our charges or change the Tariff Plan you are on from time to time and we will notify you of such changes by making the amended list of Charges available on our Website or by notifying you when you call Customer Services. If Charges are decreased this will be reflected in your next bill. Should we increase the Charges we shall notify our customers of such increase via our website and the increase will take effect from the end of that period. In this instance, you may, in accordance with and subject to the provisions of this agreement, be entitled to terminate the Services made available under these conditions on giving us 30 days’ written notice.
5.19 Upon termination of any Service for whatever reason all sums outstanding and any cancellation Charges arising as a result shall be treated as a debt and shall become immediately due and payable. For clarity, this includes any charge that we incur from a third party for disconnecting you from a Service.
5.20 You agree to pay all fees, charges or expenses reasonably incurred by us or our agents in collecting or attempting to collect any charges or debts owed by you to Fastcom or otherwise associated with your failure to pay the charges in accordance with this agreement.
5.21 Neither party may terminate the Contract during any applicable Minimum Period (if applicable) other than as provided herein. Should the Subscriber terminate its Contract prior to the end of any applicable Minimum Period, the Subscriber shall be liable for the Termination Charge being the balance of the remaining unexpired contract and authorises Fastcom to debit the Termination Charge from the Customer’s bank account.
5.22 After the Minimum Period or, if there is no Minimum Period, at any time, either party may terminate the Service on giving the other thirty (30) days’ written notice.
5.23 Fastcom shall be entitled to terminate this Agreement and cease providing the Service forthwith without notice (giving only retrospective notice) if:
5.23.1 the Subscriber is in material breach of this Agreement (including non-payment of charges);
5.23.2 the Subscriber is in breach of any term of this Agreement and has failed to remedy such breach within thirty (30) days of a notice from Fastcom requiring the Customer to remedy such breach;
5.23.3 the Subscriber uses the Equipment otherwise than as permitted under this Agreement;
5.23.4 any information supplied by the Subscriber to Fastcom is false or misleading;
5.23.5 Fastcom is obliged to comply with an order, instruction or request of Government, COMREG, an emergency service organisation or other competent authority;
5.23.6 the Subscriber 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;
5.23.7 the subscriber dies, becomes mentally ill or becomes the subject of bankruptcy or insolvency proceedings in any jurisdiction or has become unable to pay its debts as they fall due.
5.24 Fastcom shall be entitled to terminate this Agreement immediately by giving the Subscriber notice if any event of Force Majeure continues for a period of thirty (30) days or longer.
5.25 If, on termination, any Charges are outstanding, Fastcom may continue to bar the Subscriber’s line following termination until all Charges have been paid up to date by the Subscriber.
5.26 The termination or suspension of this Agreement or default of the Subscriber hereunder shall not affect the accrued rights and obligations of the parties under the Agreement.
5.27 Without prejudice to the generality of clause 4.2, on termination of the Agreement, all Charges accrued by the Subscriber shall become immediately due and payable and, following termination, the Subscriber shall continue to pay the Charges accrued during the term of the Agreement or Minimum Term.
5.28 On termination, the Subscriber shall return any Equipment received from Fastcom in regard of the service to Fastcom.
5.29 On cancellation or termination of this Agreement, any other agreement between Subscriber and Fastcom in regard of the same line shall automatically terminate.
5.30 Fastcom shall terminate the Agreement if the period of suspension lasts more than ninety (90) days.
5.31 If the Subscriber refuses payment under the SEPA payment regulation prior to informing Fastcom Accounts Department, they will be liable to pay a sixty (€60) euro fee and possible disruption to service.
6 INDEMNITY AND LIMITS OF LIABILITY
6.1 The Subscriber hereby indemnifies and holds Fastcom harmless from and against any and all losses, expenses (including all reasonable legal fees) injury, damage, costs, demands, liabilities fines, penalties and claims of whatsoever nature and howsoever arising from or in connection with this Agreement, including without limitation in connection with the use of the Equipment, or the Services and whether or not such claims are caused by any act or omission of the Subscriber or any third party.
6.2 Liability is neither restricted nor excluded for:
6.2.1 death or personal injury resulting from any negligent act or omission by Fastcom or the acts or omissions of Fastcom representatives or contractors while acting on its behalf; or 6.2.2 direct physical damage to the Subscriber’s personal property or to the Premises to an amount not exceeding one thousand euro (€1000.00) in respect of any one event or series of connected events where such damage arises from Fastcom’s own negligence, or the negligence of its employees, representatives or contractors while acting in the course of employment by Fastcom; or 6.2.3 any statutory obligations which cannot by law be excluded or restricted including any liability arising by virtue of Sale of Goods and Supply of Services Act 1980.
6.3 Fastcom will not be liable under or in connection with this Agreement for any unforeseen, consequential or indirect loss or damage, loss of profits, loss of business or revenue, loss of contracts or anticipated savings, wasted expense, financial loss, lost, damaged data or hardware liability to third parties or for damage or compensation for loss of use of the Services.
6.4 Fastcom shall not be liable for failure to comply with its obligations under this Agreement if it is hindered from doing so for some reason outside of its reasonable control. Matters outside of its reasonable control may include but not be limited to lightning, flood or severe weather conditions, fire or explosion, civil disorder, terrorist activity, war, actions of local or national government or industrial disputes, performance of leased or rented telecommunications services or network or other operators, and the Internet.
6.5 Nothing in this Agreement is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.
6.6 Fastcom 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.
6.7 Failure of the service or equipment due to the incompatibility of the service with any equipment not supplied by Fastcom.
6.8 Alarm systems: Although alarm signals can be carried across a Network, we are not responsible for lack of service or failure to deliver an alarm signal due to:
6.8.1 your use of the Services;
6.8.2 a Network going down;
6.8.3 suspension of your account;
6.8.4 failure arising from any misuse of your phone or broadband equipment;
6.8.5 for reasons outside our control (including, without limitation, if there is a technical failure of a Network, because a Network is being tested, modified or maintained or if access to any Network is denied to us).
7 USE OF THE SERVICE
7.1 The Customer may use the Service for consumer, domestic, personal and/or business purposes; the customer understands they must take our call service where applicable and that they will not be able to use another provider for any of your other calls. It is also understood where applicable that our Call Service will not include: telephone or other equipment (other than line rental); or internet access.
7.2 We may be able to provide you with a number of ancillary optional services where applicable, for which there may be additional charges. Please note you can change your selected service options at any time in any given month. However, any service you request may require a short provisioning period before it can be activated. We will tell you what this is when you contact us.
7.3 The Customer undertakes not to use or permit others to use the Service or the Equipment:
7.3.1 for business purposes to sell on or supply the Service to anyone on a commercial basis;
7.3.2 for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Service;
7.3.3 in any way that may cause degradation of service levels to other customers as determined by Fastcom or put the Network at risk;
7.3.4 to send unsolicited commercial communications or promotional material;
7.3.5 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;
7.3.6 for the processing of automated or manual “personal data” as defined in the Data Protection Legislation and in any event, if used for such purpose in contravention of this Agreement, to delete any such personal data prior to returning the Equipment to Fastcom;
7.3.7 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 Fastcom from time to time; or
7.3.8 as a means of communication, the purpose of which is other than that for which the Service is provided (including without limitation abusive or malicious calls), or which is carried out in an unauthorised way or for fraud or criminal activities.
7.4 The Customer hereby agrees to avail of the Service subject to the provisions of the Telecommunications Scheme in force for the time being and the provisions of any legislation, regulations, bye-laws or codes of practice applicable to such use.
7.5 The Customer shall ensure that all persons having access to the Service or the Equipment comply with the terms and conditions herein stated.
7.6 The Customer shall ensure that all Equipment is maintained and kept in good working order.
7.7 The Customer shall comply with all reasonable instructions given to the Customer by Fastcom in relation to the use of the Service.
7.8 The Customer shall indemnify and hold Fastcom Broadband Ltd 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 by the Customer.
7.9 If you are moving home, we will do our best to arrange the transfer of your line or connection whilst retaining your existing telephone number. However, you accept that we may not always be able to do so and we are not liable to you if we cannot.
7.10 You accept that the installation of a connection in your new home will usually attract new install charges and a new six (6) or twelve (12) month minimum term contract.
7.11 If there is a fault with your Service, you should contact Technical Support. We will try to repair a service failure within five (5) working days after the day you report the fault to us.
7.12 If you have agreed to a visit from our engineer, but the engineer is not able to come onto your property, we will charge you an abortive visit charge.
7.13 We can also charge you for any such engineer visit if we reasonably believe that you have caused the fault by damaging the equipment.
7.14 Call Monitoring or recording of your calls may take place for our business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems and to ensure effective systems operation and in order to prevent or detect crime.
7.15 We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient.
7.16 Any calls you make using the Service, whether to Customer Services or otherwise, may be recorded and so you hereby grant us, or our agents, the right to monitor or record your calls, emails or SMS for our lawful business purposes, such as quality control and training, to prevent unauthorised use of our telecommunications systems, to ensure effective systems operation and in order to prevent or detect crime.
7.17 Failure by either you or us to exercise or enforce any right conferred by statute or the Contract shall not be deemed as a waiver of any such rights nor prevent the exercise or enforcement of such rights at a later date.
7.18 Except in the case of any permitted assignment of the Contract, a person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of the Contract.
7.19 Any network address assignments issued by Fastcom (Internet Protocol numbers) are the property of Fastcom and are considered to be licensed to the Subscribers. In the event the Service is discontinued for any reason and on termination or expiry of this Agreement, title to such IP addresses will revert to Fastcom immediately.
7.20 If Subscribers transact over the Internet, they may be asked by the merchant or Fastcom from whom they are making the purchase to supply certain information, including credit card or other payment mechanism information. Unless Fastcom is a party to such transaction, Fastcom disclaims any and all liability for any failure or duplication of such a transaction as a result of any cause whatsoever, including disruption of the Service for any cause whatsoever.
7.21 Fastcom currently do not operate a fair usage policy with all plans being unlimited usage.However, Fastcom reserve the right to amend or vary the terms of this Fair Usage Policy or other terms of providing the Services. If this is the case, Fastcom will provide the Customer 30 days’ notice of such changes. If the Customer is not satisfied with said changes, the Customer will have the right, within the 30-day notice period, to terminate this Agreement by providing written notice of same. If the Customer does not provide such notice within the 30-day notice period, the respective changes will be deemed to be accepted.
8 SUSPENSION/BARRING OF THE SERVICE
8.1 Without prejudice to any of its rights of termination under clause 5, Fastcom 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. Payment is due, monthly in advance, on the first (1st) of every month. Direct debits are processed between the ninth (9th) and the eleventh (11th) of every month. Failure to pay by the last Thursday of every month may result in a disruption of services.
8.2 Fastcom shall be entitled to maintain suspension of the Service under clause 8.1 until any breach is remedied to Fastcom’s satisfaction.
8.3 If the Service is suspended in accordance with this Agreement, the Customer will not be able to make emergency calls and may not have access to broadband services during the suspension period.
8.4 The Customer shall remain liable to pay the Charges throughout any period of suspension of the Service.
8.5 Fastcom shall be entitled to charge a reconnection fee of €10.00 (Inc. VAT) on reconnection of a Customer following any temporary period of suspension under clause 8.1.
8.6 Fastcom may suspend the Service from time to time, without liability, for the alteration, improvement or maintenance of the Network or the Services.
8.7 If we suspend the Services under clause 8.6, your Contract will still continue and you must pay all Charges due from you under your Contract incurred prior to the time when your Contract is properly terminated. If we suspend any Service, we will not provide it again until you confirm that you will use the Service only as agreed in this Contract.
9 FORCE MAJEURE
9.1 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”).
10.1 Fastcom may assign this Agreement without consent provided that any Assignee shall be bound by the same obligations as Fastcom under this Agreement.
10.2 The Customer shall not assign this Agreement in whole or in part without the prior written consent of Fastcom.
11.1 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.
11.2 Any deficiency in the Customer’s authority to avail of the Service or to use the Equipment shall not preclude reliance by Fastcom on any of its rights under this Agreement.
12.1 Fastcom shall send all notices to the Customer either: (i) in writing to the Customer’s billing address as provided on registration; and/or (ii) via an email address provided to Fastcom by the customer; and/or (iii) on the Customer’s bill; and/or (iv) by placing same on the Fastcom website and/or directly on our customer account portal; and/or (v) via national newspapers.
12.2 Customer shall send all notices to the address that appears on the last written correspondence sent by Fastcom to the Customer or such other address as may be prescribed by Fastcom for the purpose.
12.3 Notice given by post or via the Fastcom website shall be deemed served forty eight (48) hours after posting or on earlier proof of delivery. Notice given by Fastcom in national newspapers shall be deemed served on the date of publication.
13 USE OF INFORMATION
13.1 Fastcom shall process your personal data (as defined in the Data Protection Legislation) in accordance with the Data Protection Legislation.
13.2 Any information obtained by Fastcom through an application for or the use of the Service may be accessed and used by Fastcom and its Affiliates, agents and sub-contractors for the purposes of credit references, accurate billing and efficient operation of the Service. The Customer shall be deemed in accepting these terms and conditions to have given consent for the use of his/ her 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.
13.3 Fastcom may use Customer’s contact details from time to time to contact Customer about Fastcom 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 Fastcom at any time at that it does not wish to receive such communications.
14.1 This Agreement shall in all respects be governed and construed in accordance with the laws of the Republic of Ireland and all disputes, actions and other matters in connection therewith shall be determined in accordance with such laws. The Courts of Ireland shall have jurisdiction to deal with any proceedings in respect of this Agreement.
15.1 This Agreement (comprising these terms and conditions and the Customer Application), constitute the entire agreement between the parties in relation to the Service and in the event of conflict between any of the documents incorporated in this Agreement, the following order of precedence shall apply:
15.1.1 these terms and conditions;
15.1.2 the Customer Application.
15.2 Fastcom 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 14 days’ notice to the Customer. Notwithstanding any other provision of this Agreement, Fastcom shall give notice for the purposes of this clause by either publishing notice in a national newspaper, publishing notice on its website or by notifying the Customer in writing or any combination of the foregoing. In the event of any such alteration, the Customer shall have the ability to terminate the Service without penalty during the notice period, subject to payment by the Customer of all Charges due to date.
15.3 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.
15.4 Any prices, quotations and descriptions made or referred to on the Fastcom website are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order.
15.5 Fastcom recommends that the Subscriber prints off a copy of these terms and conditions and privacy statement for your own records. The parties agree that the fact that this Agreement may be stored or exchanged in electronic form shall not affect its validity.
15.6 All trademarks, logos and taglines identifying Fastcom or its affiliates, and all software, graphics, images, content, button icons, service names, business names, domain names, copyright and related rights, database rights (the “Material”) are solely Fastcom’s property or that of its operating companies or others.
15.7 The Subscriber acknowledges that it has read, understood and agrees to be bound by the terms of this Agreement. The Subscriber further acknowledges that this Agreement was fully completed and the particulars set forth therein are true and correct.