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TERMS AND CONDITIONS
1. PRIOR TO CONNECTION
By entering into the Agreement, the signatory on the Customer Service Order Form will be deemed to have obtained the authority of the person who rents the line across which the Service(s) is provided.
2. DEFINITIONS
The following words shall have the following meaning:
“Agreement” shall mean these terms and conditions and the Service Order Form that together constitute a legally binding agreement between Cinergi Telecom and the Customer. The Agreement shall come into force once the customer commences to use the services.
“Customer” shall mean the person named on the Customer Service Order Form (“Customer” or “you”)
“Cinergi Telecom” Or “we” shall mean Cinergi Telecom Limited, the provider of the service(s) under the Agreement.
“Residential service” shall mean the provision by Cinergi Telecom Ltd., of a residential telephone facility, which will enable the customer to communicate with other parties from any residential telephone.
“Business Service” shall mean the provision by Cinergi Telecom Ltd. of a business telephone facility.
“User” shall mean the Customer and all those accessing the service(s).
3. SERVICES
For technical, operational and commercial reasons we shall be entitled to vary the services and any aspect thereof at any time.
4. CUSTOMER OBLIGATIONS
The Customer shall grant or shall procure the grant to Cinergi Telecom of such rights of access to each Customer site and shall provide to Cinergi Telecom such facilities and information as Cinergi Telecom may reasonably require to enable it to perform its obligations under this Agreement
5. PAYMENT (5.1) Cinergi Telecom tariffs for the service(s) as amended from time to time also form part of this agreement. We reserve the right to alter such tariffs and will notify the customer of any such changes in writing and/or on the customer statement.
(5.3) You will pay in arrears for the Home and Business Service. All sums due to Cinergi Telecom by you shall be paid in full by you within fourteen (14) days of the date of the bill.
(5.4) Should you disagree with any of the charges shown on your bill/statement you are requested to write, e-mail or phone us detailing the issue. If the charges are incorrect, we will credit your next statement with the difference.
Other than in the case of manifest error by Cinergi Telecom all charges shall be calculated with reference to the data recorded or logged by Cinergi Telecom. Cinergi Telecom’s determination in respect thereof is final.
6. USE OF THE SERVICES (6.1) The customer undertakes not to use the service(s);
(6.1.1) For any improper, unlawful or immoral purpose, nor cause any nuisance by the use of the service(s), nor allow others to use the services(s) for any of the foregoing purposes, or
(6.1.2) For the transmission of any material which is or intended to be a hoax call to emergency services or is of a defamatory, offensive, abusive, obscene or menacing nature, or
(6.1.3) For the infringement of intellectual property rights or trade secrets of another party or
(6.1.4) For the processing of automated personal data as defined in the Data Protection Act of 1988.
(6.2 You shall ensure that any persons using the service comply with the terms and conditions stated herein
(6.3) You shall comply with all reasonable instructions given by us to you in relation to the use of the service(s)
(6.4) You shall indemnify and hold us harmless against all liabilities, claims, losses, expenses and proceedings howsoever arising from or in any way connected to the use of the service(s)
7. LIABILITY (7.1) We will use all reasonable endeavours to ensure that the service(s) is available for use by you in accordance with the standards for the time being relating to the service(s) set out in our literature, but shall not be liable for any failure, interruption. or deterioration therein howsoever rising.
(7.2) We shall not be liable to you or any third party in contract, tort or otherwise for any loss of revenue, business, use, goodwill, anticipated savings, profit or for any financial loss whatsoever or for any indirect or consequential loss howsoever arising in relation to the use of the service(s) or any failure or error or default by us in the provision thereof, or otherwise in connection with this agreement.
(7.3) In the event that we fail, for any reason, to provide the service(s), Cinergi Telecom shall not be liable to the Customer for any charges incurred by the Customer should the Customer divert his/her voice traffic to another carrier.
(7.4) We shall have no liability under this agreement for the acts and omissions of other telecommunication operators and/or service providers.
(7.5) We shall not be liable for claims arising out of a breach in the security or privacy of messages transmitted using the service(s) provided by us unless the breach results from a wilful act or omission of Cinergi Telecom or its employees.
(7.6) You shall be liable for all charges and fees arising from use of the service(s) whether authorised or not after the requested or enforced termination date.
(7.7) The Customer shall be liable for any and all damage to the service equipment or the network which is caused by (i) the act or omission of the Customer or the Customers breach in the terms of this Agreement, or (ii) malfunction or failure of any equipment or facility provided by the Customer or its Agents, Employees, or Suppliers, including but not limited to the Customer equipment. This condition shall continue to apply notwithstanding termination of this agreement
8. SUSPENSION OF SERVICE 8.1) Cinergi Telecom may, at its sole discretion, and without prejudice to any right it might have, terminate the Agreement and/or elect to suspend forthwith provision of the Service until further notice in the event that
(i) Cinergi Telecom is entitled to terminate this Agreement or
(ii) Cinergi Telecom Ltd. is obliged to comply with an order, instruction or request of Government, an Emergency Service Organisation or other competent administrative authority which affects its ability to provide the service. or
(iii) Cinergi or an authorised third party needs to carry out emergency works to the Network or Service equipment.
9. TERMINATION (9.1) Either party may terminate the agreement upon thirty days written notice to the other and any such termination shall be effective on the expiry of such notice period. Without prejudice to their rights under this agreement Cinergi Telecom and the Customer shall have the right to terminate this agreement forthwith by seven days written notice to the other in the event that the other party is in material default of any of its obligations under this agreement
(9.2) We shall have the right forthwith to terminate the agreement at any time if;
(9.2.1) You fail to make any payment when it becomes due to us; or
(9.2.2) Having carried out a credit investigation you are deemed unsuitable for the service(s) or
(9.2.3) If you are in breach of section 5 Cinergi Telecom may without prejudice to its rights to terminate the agreement suspend forthwith the provision of the service(s) without liability to the Customer or notify the customer either orally (confirming the same in writing) or in writing if:
(9 2.4) The Customer is in breach of any term of the agreement or any information supplied by the Customer is false or misleading; or
(9.2.5) 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
(9.2.6) You are suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing or unlawful character in connection with use of the service You shall pay to us any cost or expenses incurred by us for re-connection of the service(s) as may be applicable.
10. FORCE MAJEURE
In the event of Force Majeure neither party shall be held in breach of its obligations hereunder (except in relation to obligation 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 the parties.
11. ASSIGNMENT (11.1) The Parties may not assign the Agreement in whole, or in part, without the prior consent of the other
(11.2) Not withstanding the foregoing, Cinergi Telecom may assign this Agreement to a direct or indirect subsidiary, parent or group company of it without consent.
12. NO WAIVER (12.1) 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 of any other right on any later occasion.
(12.2) Any deficiency in the Customer’s authority to avail of the services shall not preclude reliance by Cinergi Telecom on any of its rights under this Agreement.
13. USE OF INFORMATION
In accordance with the provisions of the Data Protection Act 1988, any information obtained by Cinergi Telecom through an application for the service(s), or through the provision of the service(s) may be assessed by Cinergi Telecom for its internal purposes, and (subject to the right of the Customer to request otherwise) may be used by Cinergi Telecom to identify and offer other products and services to the Customer. Any information may be disclosed by Cinergi Telecom to any person where this is necessary for the provision/supply of other services or products or to any person who assumes the rights of Cinergi Telecom under this agreement and to any credit reference, agency or bureau.
14. MISCELLANEOUS
If any provisions of the Agreement are held to be unenforceable, illegal or void, whole or in part the remaining portion of the Agreement shall remain in full force and effect.
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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