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Terms and Conditions

WESTERN BROADBAND NETWORKS Limited t/a WestNet (hereinafter known as "WestNet) offers a range of online services consisting of full Internet connectivity allowing access to global electronic mail, searchable databases, entertainment, news, public forums and private forums to Subscribers as well as online training courses. WestNet’s services are accessible by means of a personal computer with a dedicated wireless connection.

Please read this document carefully before registering and becoming a WestNet subscriber. By registering and using the services of WestNet. You are agreeing to be bound by the terms and conditions of this Agreement and the Acceptable Usage Policy. Please do not continue with the registration process if you do not agree with the terms of this Agreement. If you have any questions call a WestNet representative on 094 906 7444. WestNet reserves the right to Change the terms and conditions of its service without prior notice of the change and any such new conditions will come into effect immediately.

 

Provision of Service

1.1 (a) The Agreement shall come into force once The Customer has signed the Application Form and WestNet has approved same.

(b) Neither Party may terminate this Agreement during the Minimum Period other than as provided herein. Should the Customer terminate the Agreement prior to the end of the Minimum Period. The Customer shall be liable for the Termination Charge, In the event that the Customer terminates the Agreement during tile Minimum Period. the Customer authorises WestNet to debit the Termination Charge from the Customer's bank account.

1.2 Service will be available to those customers whose premises are within range of a WestNet access point, Subject to a site survey and availability check. This Agreement may be terminated by WestNet after prequalification In circumstances where in WestNet's view it is not technically feasible to produce a quality service. In such event, WestNet will notify the Customer and neither party will have any further liability to the other.

1.3 The Customer acknowledges that the bit rates on the form in respect of the Service may be reduced by contention within the network, from time to time.

1.4 WestNet shall be: entitled to vary the Service and any aspect thereof and the terms of this Agreement at any time provided that WestNet serves notices of no less than less than thirty (30) days, which notice shall appear together with any changes to these (terms and conditions on its website www.westnet.ie, For technical and operational reasons we shall be entitled to vary the Service and any aspect thereof at any time subject to adequate notice to the Customer.

1.5 WestNet's customer care number is 1850 930305.

1.6 WestNet's customer policy is available on www.westnet.ie.

1.7 WestNet will use its reasonable efforts to install the Service by the date that it agrees with the Customer, but all dates are estimates only and WestNet cannot guarantee that it will meet such dates.

 

Connection of Equipment to the Service

2.1 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, The Customer shall ensure that all WestNet instructions are followed correctly as per the Instruction manual for each item of WestNet Equipment and WestNet shall accept no Liability arising due to the Customers failure to follow WestNet's instructions.

2.2 If the Customer chooses to use their own equipment for access to this Service WestNet shall be in no way responsible for any damage done to the Customer Equipment or Service as a result.

 

Access and Site Regulations

3.1 WestNet may need to access the Customer's premises from time to time (for example, for installation, repairs, maintenance or upgrades or to recover our equipment when this Agreement comes to an end), If so. WestNet will give the Customer advance notice, and so long as appropriate identification is shown the Customer agrees to allow access.

3.2 Anyone acting on WestNet’s behalf will observe the Customer's reasonable site regulations, previously advised in writing to WestNet.

 

Payment

4.1 WestNet’s tariffs for the Service. as amended from time to time, form part of the Agreement. WestNet reserve the right to alter such tariffs and shall notify the Customer of such a change by notice in writing and for via email and or on the WestNet website www.westnet.ie within a reasonable period in advance of the effective date,

4.2 The Customer shall be charged monthly in advance for the Service by way of direct debit deduction from the Customer's designated bank account. A completed direct debit mandate loons part of the application for Service,

4.3 All sums due shall be paid in full solely by direct debit mandate and you expressly consent to payment in this manner. Provision of the Service shall be conditional on the Customer making all necessary arrangements 10 pay for the Service by such means. WestNet reserves the right to charge customers an additional administrative fee for unpaid direct debits

 

Use of the Service - General

5.1 The Customer undertakes not to use the Service or the Equipment

5.1.1 For any improper, immoral Or unlawful purpose, nor cause any nuisance by its use of the Service, nor allow others to use the Service for any of the foregoing purposes: or

5.1.2 For the transmissions 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

5.1.3 Where such use involves, at any time, the infringement of intellectual property rights or trade secrets of another party; or

5.1.4 For the processing of automated personal data as defined in the Data Protection Act. 1988 (as amended); or

5.1.5 In a manner which in the opinion of WestNet at its absolute discretion makes abnormal demands on the Service or WestNet's network or facility from a single connection.

5.2 The Customer shall ensure that all persons having access to the Service or the WestNet Equipment Comply with the terms and conditions herein stated.

5.3 The Customer shall observe the provisions of WestNet's Acceptable Usage Policy 13S published on WestNet's website as amended from time to time.

5.4 The Customer shall ensure that all hardware, software, and equipment provided by you or accessing the Service is maintained and kept in good working order.

5.5 The Customer shall comply with and be bound by all conditions of the license under which the equipment or software is provided.

5.6 The Customer shall comply with all reasonable instructions given by WestNet in relation to the use of the Services.

5.7 The Customer shall inform WestNet of any change of name, address, email address ; and/or the Customer shall indemnify and hold WestNet harmless against all liabilities. claims, damages, losses, expenses and proceedings howsoever arising from or in any way connected with your use of the Service of the Equipment.

 

Liability

6.1 WestNet 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 Service on behalf of the Customer, to the Customer's Equipment or computer system.

6.2 WestNet 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

6.3 WestNet shall not be liable for any loss or damage of any kind caused by the failure of the Service or of WestNet Equipment due to the incompatibility with the Service of hardware. software, and/or equipment supplied by the Customer. Neither shall any third-party, with whom WestNet or any of its Affiliates have entered into arrangements with for the provision of services, networks, equipment, way leaves or rights of passage, have any liability to the Customer, howsoever arising, as a result of the failure, interruption or delay connected with or involving any of the aforementioned.

6.4 WestNet shall not be liable to the Customer or any third party in contract, tort or otherwise for any direct or indirect financial loss whatsoever or for any indirect or consequential loss howsoever arising in relation to the use of the Service or the WestNet Equipment or any failure or error or default by WestNet in the provision thereof or otherwise in connection with this Agreement. Without prejudice to the generality o{ the foregoing, any and all liability arising under the Sale of Goods and Supply of Services Act 1980 is excluded 10 the fullest extent permitted by law.

6.5 WestNet shall not be liable for claims arising out of a breach in the security or privacy of messages transmitted using the Service provided by WestNet unless the breach results from a wilful act or omission of WestNet or its employees.

6.6 This clause 6 shall continue to apply notwithstanding termination of this Agreement.

 

Termination

7.1 After the Minimum Period of 12 months has expired, either party may terminate the Agreement upon serving 30 days written notice to the other and any such Termination shall be 13ffective on the expiry of such notice period, The Cus10mer shall be responsible for the full payment of charges until termination

7.2 Without prejudice to its rights under the Agreement WestNet shall have the right to terminate this Agreement forthwith within seven days of written notice in the event that the Customer is in material default of any of your obligations under this Agreement.

7.3 WestNet shall have the right forthwith to terminate the Agreement for due reason, including, but not limited to if:

7.3.1 The Customer uses the Service for any improper. Immoral or unlawful purpose, or causes any nuisance by its use of the Service, or allows others to use the Service for any of the foregoing purposes; or

7.3.2 The Customer is in breach of any term of the Agreement or any information supplied by the customer to WestNet is false or misleading; or

7.3.3 WestNet is obliged to comply with an order, instruction or request of Government. The Commission for Communications Regulation (ComReg), an emergency service organisation or other competent authority; or

7.3.4 The Customer is suspected of involvement with fraud or acts which are of a defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service: or

7.3.5 If for technical reasons it is not possible to provide the Service.

 

Force Majeure

8.1 In the event of Force Majeure. neither party shall be held In breach of its obligations hereunder (except in relation to the Customer's obligation to make payments up to the date of the Force Majeure) 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 Of other circumstances beyond the control of the parties.

 

Assignment

9.1 WestNet may assign this Agreement to an Affiliate without the prior consent of the Customer.

9.2 The Customer shall not assign this Agreement in whole or in part without the prior consent of WestNet.

 

No Waiver

10.1 Failure by either party to exercise or enforce any tight 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 any such right or any other right on any later occasion.

10.2 Any deficiency in the Customer's authority to avail of the Service or to use the WestNet Equipment Shall not precludes reliance by WestNet on any of its rights under this Agreement.

 

Notices

11.1 WestNet shall-place all notices on registration or place same on the WestNet web page.

11.2 WestNet'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 WestNet for the purpose.

11.3 All written correspondence from WestNet shall be deemed served 48 hours after posting or on earlier proof of delivery,

 

Intellectual Property Rights

12.1 Where Software is provided to enable the Customer to use the Service, WestNet grants the Customer a non-exclusive non-transferable license to use the Software Solely for That purpose during the term of this Agreement.

12.2 The Customer shall not copy nor, except as permitted by law, decompile or modify the Software in any way. nor copy the manuals or documentation.

12.3 The Customer agrees to sign any agreement required by the owner of the copyright in the Software to protect the owner's interest in that Software.

 

Use of Information

13.1 in accordance with the provisions of the Data Protection Act 1988 (as amended) any information obtained by WestNet or through the use of the Service (subject to the rights of the Customer to request otherwise on the application form or at a later date) may be used by Westnet to identify other products and services which may be offered to the Customer.

 

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.

 

Governing law

This Agreement shall be governed by and constructed in accordance with the laws of Ireland. The parties hereto submit to the exclusive jurisdiction of the Irish Courts. In this Agreement the following terms shall have the following meaning{s)'

Acceptable Usage Policy shall mean the usage policy as displayed on WestNet's web site at www.westnet.ie This policy may be amended by WestNet from time to time.

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 terms and conditions, WestNet's tariffs for the Service and the application form which together constitute a legally binding agreement between WestNet and the Customer.

Application Form means the application form completed by or on behalf of the Customer.

Authorised User shall mean the Customer registered in accordance with the Application Form.

Charge means the amount specified as payable by the Customer for the Service.

Commission for Communication Regulation {ComReg} shall mean the National Regulatory Authority for the telecommunications industry in Ireland.

Customer means the person using the Service ('"Customer" or ~YOU). Customer Equipment means all computer hardware, software, cabling, apparatus and facilities provided by the Customer to enable the Customer to connect to the Network Connection.

Customer Premises (or ~premises~) means a Customer Site

Downstream means data transported from WestNet to the Customer using the Service.

Internet shall mean the global data network comprising interconnected networks using the TCP/IP protocol suite.

Minimum Period means the Minimum Period of one year commencing Oil the Operational service Date.

Network shall mean the telecommunications system owned and operated by WestNet in accordance with Its General Authorisation.

Network Connection means all WestNet cabling, interface panels, cabinets, system, apparatus, antennae, facilities and any other equipment which may be utilised by WestNet to provide the Service.

Operational Service Date means the date when the Service is first made available 10 the Customer at the Customer Premises or the date when the Customer first starts to use the Service, whichever date is the earlier.

Service Availability Area means an area in which WestNet provides the Service, as may be determined by WestNet from time to time.

Site(s) means the property (properties) al which WestNet agrees to provide the Service.

Software means any software provided by WestNet to enable the Customer to access or use the Service.

Termination Charge means the balance of the Charges for the remainder of the Minimum Period,

Upstream means data transferred from the Customer to WestNet using the Service.

WestNet shall mean Western Broadband Networks Limited. trading as WestNet.

WestNet Equipment/Equipment means any equipment placed on a Site by WestNet in connection with the provision of the Service.

Working Day means every day of the week excluding Saturday, Sunday and statutory holidays in the Republic of Ireland.