General Terms and Conditions of service for Vodafone Business Customers

YOU MUST READ AND ACCEPT THE FOLLOWING BEFORE USING OUR SERVICE:

1. YOUR AGREEMENT WITH US

1.1. Your agreement is with Vodafone. The following Terms apply to your use of our Services. When signing up for use of the Services, you will be required to accept these Terms, along with the terms of any of the following which may be applicable; (a) your Customer Application Form (b) our Privacy Policy, (c) any service specific terms and conditions which relate to specific services chosen by you, (d), your Price Plan, or (e) promotions, which together form the Agreement. Vodafone products or services (including add-ons and Third Party Services) or any promotions may be subject to their own distinct terms and charges. A copy of all terms and policies can be found at www.vodafone.ie/terms.

1.2. Acceptance of your application and connection to the Services is conditional upon (a) you having and maintaining a credit rating satisfactory to us and providing us with such financial security as we may reasonably require, (b) you providing valid proof of identity/address and such evidence of residency in Ireland as we may require, and (c) accurate completion of your Customer Application Form and the giving of such other information as we may request. We reserve the right to refuse any application. 

1.3. Our agents are not authorised to change this Agreement or to agree any provision inconsistent with these terms. We may change, terminate or withdraw this Agreement, any part of the Services or our Price Plans for any commercial, legal, technical or operational reason and any important changes will be notified to you in advance and in accordance with the EC (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011. If required, we will let you know at least 30 days in advance of changes we make to your Agreement by contacting you and, in the event of receiving any such notification, you will have the option to terminate the Agreement without penalty during that notice period, subject to payment by you of all Charges due to date. Your continued use of the service after the notice period signifies your acceptance of any amendment. 

1.4. We may change Service delivery methods or platforms from time to time which may require you to change Equipment and/or Equipment settings to continue to avail of the Services. You agree that such changes to the Service do not constitute modification of your contract for that Service and you confirm that you do not require individual notification regarding any such modification. 

1.5. This Agreement is personal to you. Unless we give you prior consent, you cannot pass your rights or responsibilities under this Agreement or transfer or assign this Agreement to another party. 

1.6. Your Vodafone account will contain Customer Information, usage details and other information relating to all services being provided under that account. You can choose to provide nominated individuals with access to view this information or make changes to your account by nominating an Authorised Contact to your account by contacting us. Before this access is provided we will inform you of, and you must accept, the terms and conditions (in particular the privacy implications) of that nomination. You can remove any access provided to another individual on your account at any time by contacting us. 

1.7. We may, acting reasonably, freely transfer or assign this Agreement without notice and, in particular, we may freely transfer existing and/or future debts due to us without notice, save where required by applicable statutory provisions. You agree that we may contact any person named in any proof of identity and/or references provided by you in order to verify their accuracy (or continuing accuracy).

1.8. This Agreement is provided by us to you as a business. Unless expressly set out in this Agreement all warranties, representations and conditions which are implied by statute or otherwise are expressly excluded to the extent permitted by Applicable Law.   

1.9. This Agreement starts from when you sign this Agreement, unless we agree otherwise with you.  Your Minimum Term will commence from the date your Service is activated by Vodafone. We will continue to provide the Service to you until either of us decides to end the Agreement in the ways allowed under “Suspension” or “Termination” below.

1.10. Your Agreement is for the Minimum Term shown in your Customer Application Form. At the end of your Minimum Term, this Agreement will continue on a month to month basis until you decide to enter a new contract with Vodafone or either of us decides to end the Agreement in the ways allowed under “Suspension” or “Termination” below.

1.11. In the event that you upgrade/downgrade from one Service as specified on your Customer Application Form to another Service or Price Plan, the Charges for the higher/lower option (as applicable) will apply with immediate effect. You will be given a new Minimum Term which will take effect from the date the upgrade/ downgrade is applied and in the case of a downgrade a downgrade fee may apply where relevant. You will be advised of any applicable downgrade fee by Vodafone on your request to downgrade your Service to another Service or Tariff option. 

1.12. In the event that you agree to avail of a promotional offer, you may be subject to a new Minimum Term as agreed between the parties as part of the terms of the offer.

2. OUR SERVICE

2.1. We will use reasonable efforts to connect you to the Service on the same day as your application is made or as soon as is practicable and to make the Service available to you at all times. 

2.2. We continuously monitor network performance and during busy periods we may need to manage traffic to ensure everyone has access to our services. We endeavour to ensure that the service received by our customers is not impacted through a small number of users, or a particular promotion, placing high demand on network resources (e.g. large bandwidths or exceptionally high call volumes over long periods). For more information on our network, see www.vodafone.ie/network.

2.3. Information on your rights, should you experience issues with your Service is set out in our Code of Practice as detailed in Section 11.2 of these terms

2.4. We may modify or suspend the service wholly or partially, with or without notice, if such action is deemed necessary by us; or if we are requested by an authorised authority; or are required to do so by legislation; or for other technical, maintenance, security reasons; or other valid reasons. All reasonable efforts will be made to minimise such service disruptions. You will have to pay for all Charges during any such service disruptions unless we decide otherwise.

2.5. Reliance on call or data session content made over the Network is at your sole risk. We will not be liable for any content sent or received by you. We make no representation as to the quality, accuracy, correctness, completeness or suitability of any call or data session content. You acknowledge that call or data session content may be protected by copyright, trademark or other intellectual property rights. You accept and agree that content may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction on wireless networks and the internet, and we will not be responsible or liable for such acts. You agree not to manipulate, distort, adapt, modify or forward any other content without the prior consent of the holder of the rights in such content. We do not accept responsibility for the security of data sessions; when you conduct a data session, you do so at your own risk and are solely responsible for adopting such appropriate security measures against unauthorised access to and interference with your equipment (or associated software/hardware and data) as may be necessary. 

2.6. We make no representation and give no warranty as to the content, quality, availability, suitability or timeliness of any Third Party Service. We reserve the right to suspend or withdraw access to Third Party Services on a temporary or permanent basis at any time. Third Party Services are used at your sole risk and we are not liable for any loss or damage suffered by you arising from the use of such services. We may be required to bill you for such services. This clause includes, but is not limited to, the use of Services to access third party websites not controlled by us. We accept no responsibility for their content or services and no endorsement or approval of such sites by us may be implied.

2.7. We reserve the right, without prejudice to any other provisions of this Agreement, to issue such reasonable instructions or policies, either directly to your Equipment or by making available on www.vodafone.ie, concerning the use of the Services as may be necessary in the interests of; safety, quality of service, other customers, telecommunications services as a whole, or for any other valid reason. These may include acceptable use or fair use policies which provide more detail about the rules for use of certain Services in order to ensure that use of the Services is not excessive, to manage the Network, to combat or prevent fraud, or any security or vulnerability threats, and where the Services we offer or may introduce require certain rules, to ensure they can be enjoyed by all of our customers. If a fair usage policy applies to your account this will be detailed in your Price Plan, which sets out acceptable usage. You agree to comply with any policy (including any amended policy) as issued by us from time to time that applies to your use of the Services and a copy of these policies can be requested from Customer Care or viewed on www.vodafone.ie. 

3. YOUR OBLIGATIONS

3.1. You agree that you are responsible for the acts and omissions of all Users using the Services and Equipment under this Agreement. Without any prejudice to any provision of this Agreement, you agree:

a. to adhere to and use the Services in accordance with this Agreement, any other reasonable requests or instructions we give to you under this Agreement and/or the instructions of an authorised authority and you understand that failure to comply with same entitles us to disconnect the Services in accordance with these Terms;

b. the information on your Customer Application Form is accurate and you will provide any further information and assistance, as may be reasonably requested by us. Such requests may relate to our ability to enable the delivery of Services to you; to investigate any faults or issues; and to investigate to the manner of using or provision of the Services, including any alleged offences;

c. to not use, or permit the use of, the Service or the Equipment for any improper, abusive, indecent, obscene, unlawful, harmful, unauthorised, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person or in a way that breaches another person’s rights or for any purpose except as specifically intended for the Service;

d. Each Party shall, in the context of the Services: (i) comply with all Applicable Law relating to export control and economic/financial sanctions in the European Union, the United States of America, and other countries relevant to the dealings of the Parties; (ii) not knowingly do anything which may cause the other Party or members of its Group to breach this Applicable Law; (iii) provide such assistance, documentation, and information to the other party as that Party may reasonable request; (iv) notify the other Party of loss of licence/authorisation or actual/potential investigations/breach in relation to his Applicable Law; (v) not carry out activities with restricted list individuals or entities; and (vi) not sub-contract or assign the benefit of the Services or re-export, re-sell, or otherwise transfer any Services to restricted list individuals or entities.

e. to not use, or permit the use of, the Service or the Equipment so as to cause the operation of the Network or the quality of service to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system. For the avoidance of doubt, you may not resell the Service;

f. to only use approved Equipment with the Network, to comply with all Applicable Law and user guides governing its use and to remain solely responsible for the manner in which the Equipment is used;

g. to promptly pay all Charges and to promptly notify us of any change of name, address, other contact details or cessation of the Service by you;

h. to tell us immediately by telephone, if our Equipment is lost, stolen or damaged;

i. you are responsible for keeping all usernames, PINs and passwords of all your Services secure and private at all times and understand that you should not in any circumstance give your PIN numbers, passwords to any third party (unless you are happy for them to use your account and to incur additional Charges on your account). Please contact us immediately using the details on our website if you suspect or become aware of any: 

a) violation of the security on your Vodafone account; 

b) breach of the security software on your Services; 

c) unauthorised use of your Services; or 

d) other breach or suspicious performance on your Services

j. The loss or inability to use the Equipment or SIM Card (if applicable) does not automatically terminate this Agreement or your liabilities; and,

k. to indemnify and hold us harmless against all liabilities, claims, damages, losses, expenses, costs and proceedings, howsoever arising from any breach of this clause.

4. CHARGES AND PAYMENT

4.1. Vodafone keeps an up to date set of details of Price Plans available on the Vodafone website at www.vodafone.ie/terms  from where up-to-date information on all applicable tariffs and maintenance Charges may be obtained, including payment methods offered and any differences in costs due to payment method. Vodafone reserves the right to alter such Price Plans from time to time and shall notify Customers of such changes in accordance with these Terms.

4.2. You must pay all Charges incurred in using the Service provided (including VAT arising on the charges) and for all costs incurred in enforcing this Agreement through one of the payment options we make available to you. 

4.3. We may choose the manner, time and methods as to how all Charges will be paid. We reserve the right, at any time, to set-off any sum owing by you to us against any sum due by us to you, whether under this or any other agreement with us. We reserve the right to charge you reasonable administration and collection costs for failed payments or non-payments. This includes, but is not limited to, a charge for each occasion a direct debit payment fails (provided the failure is not caused by us). 

4.4. Please note that certain Services are charged on the basis of the volume of transmissions sent and/or received by your Equipment over the Network except where your Price Plan provides otherwise. Our determination of the volume of transmissions will be conclusive. 

4.5. 

a. Your bill will be provided on a periodic basis (usually monthly) and will state the amount you owe to us and the due date of payment. We may for operational reasons change our billing methods and periods and issue interim bills if or where necessary. By default, your bill is provided to you online via electronic format and is available to print by you. You agree to provide a valid email address for the purpose of online billing. Pursuant to our sustainability program, we will charge €5  per bill for paper copies of bills previously provided to you (regardless of whether required as a result of your request, or required due to an invalid email address being provided).   You may opt for paper billing at no charge. If you opt for paper billing as standard, your bill will be sent to the billing address shown on the Customer Application Form (or any other address notified to us) and will be deemed received on the second postal day after the date of posting. All Charges and other payments must be paid by the due date specified on the invoice. 

b. All Charges and other payments must be paid by the due date specified on the bill. You may be charged a late payment fee (where specified in your Price Plan) and/or interest at the prevailing statutory rate if you do not pay your bill by the due date specified on the bill. 

c. Vodafone reserves the right to contact you directly through the Services, by email, by post, or by telephone in relation to overdue payments.

d. You agree that you are liable for any Charges incurred on your account irrespective of whether those Charges were incurred by you or anybody else with or without your consent.

e. Should you disagree with any Charges shown on your bill, you should contact Vodafone’s Customer Care support service via 1907 or, alternatively, lodge a complaint in accordance with Vodafone’s Code of Practice as set out in these Terms, 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 any such call to our Customer Care support service or the complaints procedure (as applicable), it is established that the Charges on any invoice are incorrect, Vodafone shall credit any overpayment to your account.

f. Save in the case of manifest error by Vodafone, all Charges shall be calculated by reference to the data recorded or logged by Vodafone. Vodafone’s determination in respect thereof is final.

g. Where customer billing is dependent on information received by Vodafone from other networks or operators then you accept that such information is an accurate record of your use of the Services. 

h. Where Charges are not applied to your invoice for the billing period relating to when they were incurred, notwithstanding any other clause herein, you remain liable for any accrued Charges and may, at any time, be billed for Charges incurred in a prior billing period.

i. VAT at the appropriate rate will be added to all bills unless otherwise specified. 

j. In order to avail of the Service, you agree that all Charges and payments payable by you under this Agreement shall be paid by Direct Debit (unless otherwise specifically agreed with Vodafone). You hereby authorise Vodafone to debit the Charges and other payments due to Vodafone under this Agreement from your bank/credit card account. Vodafone reserves the right to apply a charge as set out in the Price Plan for each occasion a Direct Debit payment fails provided the failure is not caused by Vodafone.  

k. We charge for your Price Plan in advance but cannot do this for usage of the Services. Therefore, on your bill, the service charges are for the upcoming month and the usage charges are for the month just passed.

5. RESTRICTIONS ON NUMBERS, EQUIPMENT AND SIM CARD

5.1. You do not own the Phone Number we provide you with as part of the Services. We reserve the right at any time to alter or replace a Phone Number allocated to you or any other name, code or number whatsoever associated with the Service.  

6.  INTELLECTUAL PROPERTY RIGHTS 

6.1. All rights, including copyright in Services and their content, belong to Vodafone, Vodafone’s Access Provider(s), or Vodafone’s Agents. Vodafone and they hereby reserve all rights. Nothing contained in this Agreement shall be construed as granting or conferring any rights to you by licence, franchise, title, interest or otherwise in Vodafone or any property of Vodafone, including, without limitation, Vodafone trade names, trademarks, service marks or proprietary information. 

6.2. The ‘Vodafone’ trademark and other related images, logos and names on the Services are proprietary marks of Vodafone. Vodafone hereby reserves all rights. 

6.3. Where Vodafone generates any Intellectual Property Rights in performing Services, or creating or customising Products for you (including without limitation by the creation or customisation of Software), all such Intellectual Property Rights shall, on their creation, vest in Vodafone exclusively. 

6.4. The Services and Equipment must not be used in any way which breaches the Intellectual Property Rights of Vodafone and/or any third party.

7. DATA PROTECTION: 

7.1. This section is in conjunction with our Privacy Policy, which is in addition to and forms part of these Terms and Conditions, and is available on www.vodafone.ie/aboutus/privacy.

7.2. Vodafone and you shall respectively comply with Applicable Privacy Law. You confirm that Personal Data  provided by you to Vodafone has been provided in accordance with Applicable Privacy Law.

7.3. Any reference to “Vodafone may” in this Section 8 is deemed to constitute: (i) a specific acknowledgement and authorisation on your part as required by applicable law; 

7.4. Vodafone may process User Personal Data for the following purposes: (i) account relationship management; (ii) sending bills; (iii) order fulfilment / delivery; or (iv) customer service.

7.5.  When providing services as an electronic communications services provider Vodafone may also process “Traffic Data” (any data processed for the purpose of the conveyance of a communication on an electronic communications network and for billing) as data controller for the following purposes: (i) delivering User communications; (ii) calculating charges pertaining to the user; (iii) identifying threats to the Network/Services  and protecting against the same; (iv) understanding communication flow through the network/services in order to inform network and service development and roll-out plans; or (v) internal use for development and improvement of Network/Services. Such processing will not include providing traffic data to third parties or making it publicly available.

7.6. Vodafone may disclose User Personal Data and/or Traffic Data: (i) if required by applicable law, court order, privacy authority or any other statutory or supervisory authority, body or agency; or (ii) to Vodafone Group Companies or third parties lawfully sub-processing  for Vodafone to deliver the Services. 

8. SUSPENSION 

8.1. We may immediately, without notice, suspend or terminate the Service wholly or partially for any valid reason, including without limitation, where:

a. you do not comply with, or we in our reasonable opinion consider that you are not complying with, the terms of this Agreement;

b. you breach any provision of the “Your Obligations” section; 

c. you engage in any activity (or permit any activity) which we, in our sole discretion determine or consider (a) to be contrary to this Agreement, existing legislation or regulations applicable to provision of the Service or (b) is or is likely to have an adverse impact on the quality of the service or the integrity of the Network. Such activities may include (but are not limited to) using the service to make calls to or from any mobile gateway, ‘SIM box’ or similar or related devices;

d. you fail to pay us any monies due under this Agreement or any other agreement with us on the due date specified in any bill or we reasonably believe that you are, or will be, unable to comply with payment obligations, or represent a credit risk as may be determined by us from time to time;

e. if the Network requires modification or maintenance or for security or technical reasons it is not possible to provide the Services;

f. we are unable to contact you following reasonable efforts; or

8.2. During any period of service suspension, you will remain liable for all Charges unless we decide otherwise. We reserve the right to reconnect you to the Vodafone Network and to charge a fee for each suspended subscription and/or require revised payment terms (including security payments).

9. TERMINATION

9.1. This Agreement may be terminated by either party by giving at least 30 days’ notice or on the completion of the Porting process. 

a. If you terminate this Agreement or Port during your Minimum Term, you will have to pay the Termination Charges. 

b. If you terminate the Agreement during the Minimum Term, any monthly Charges paid in advance by you will be set off against anyTermination Charges payable by you. Vodafone reserves the right such that, where you have availed of a discount, free Equipment or other promotion relating to the Agreement and terminate within the Minimum Term, an amount equal to the value of any such promotion, free Equipment or discount, pro-rated to the unexpired portion of the Minimum Term may at Vodafone’s discretion be reckonable for the purposes of calculating the Termination Charges due.

c. Where the Agreement is terminated all charges will continue to accrue and be payable until the date of termination, depending on the circumstances. In certain circumstances we may become aware of outstanding charges after the date of the bill issued on termination (e.g. roaming charges that are subsequently advised to us by our roaming partners), in these circumstances, we will be entitled to raise subsequent bills and you will be obliged to discharge all such bills by the due date specified on the bills.

d. If you Port from our service, you accept that usage charges for the immediate billing period prior to Porting out will be applicable, plus any other relevant charges or outstanding amounts on your account. 

9.2. Aside from any other provision contained in this Agreement, we may, by written notice, terminate this Agreement with effect from the date set out in the notice, and cease to provide the Service, where:

a. there is a failure by you to observe or perform any term or obligation set out in these Terms, this Agreement or any Applicable Law;

b. you fail to rectify the reason which has given rise to a suspension of the Service under our Suspension Clause, within 14 days of the suspension being imposed;

c. you supply us at any time with false, inaccurate or misleading information;

d. Vodafone is obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organisation or other competent authority;

e. you die or are adjudicated bankrupt, become insolvent or make any composition or arrangement with or assignment for the benefit of creditors; or,

f. if for any reason we are unable to provide the Service. 

9.3. If we terminate the Agreement under clause 9.2 during the Minimum Term, you will have to pay the sum of your monthly recurring charge for the number of months remaining in your Minimum Term. 

9.4. You can end the Agreement without paying a cancellation fee if we make publicly known or directly tell you that there is a change to the Terms we commit to providing you and you do not accept the change by notifying us within 30 days of the date we make publicly known or directly tell you about the change.

10. LIABILITY

10.1. Liability principles: Neither Party is liable under the Agreement (whether in contract, tort (including negligence), breach of statutory duty, indemnity or otherwise) for: (i) any loss (whether direct or indirect) of profit, revenue, anticipated savings or goodwill; (ii) any loss of or corruption to data (except to the extent that such loss or corruption is a direct result of a Party’s breach of Applicable Privacy Law in relation to the performance of its obligations under the Agreement); (iii) any regulatory fines; (iv) any legal costs; (v) any loss arising from business interruption or reputational damage; or (vi) any indirect or consequential losses; regardless of whether any of these types of loss were contemplated by either of the Parties when the Agreement was entered into or when the relevant order was placed under it. Neither Party excludes any liability which cannot be excluded by Applicable Law or any liability for non-payment of Charges or any liability for damages due to breach of confidentiality obligations (except to the extent that such breach of confidentiality relates to the disclosure of personal data, in respect of which the Data Privacy Obligations shall apply) as set out in the Agreement.  

10.2.  Compliance with regulation: Each Party (“Responsible Party”) retains responsibility for compliance with the regulatory regime in which it operates (including compliance with Applicable Privacy Law).  In this respect, and except as expressly set out in clause 10.4: 

a. the other Party is not liable for any losses incurred by, regulatory fines or penalties imposed on or third party claims made against the Responsible Party; and 

b. the Responsible Party is not liable for any losses incurred by, regulatory fines or penalties imposed on or third party claims made against the other Party.

10.3.  Liability cap: Subject to clause 10.1, a Party’s maximum aggregate liability under or in connection with the  Agreement (whether in contract, tort (including negligence), breach of statutory duty, indemnity or otherwise) shall be limited:

a. In respect of any breach of its Data Privacy Obligations, to €100,000 (one hundred thousand Euro) in aggregate; and

b. in respect of any other claim, in each consecutive 12 month period starting on the date of last signature of the Agreement (“Liability Period”) to the amount of the Charges paid or payable between the two Parties in respect of that Liability Period. If the Charges have been paid or payable between the two Parties for less than 12 months in any Liability Period, a Party's liability shall not exceed the average monthly charge paid or payable for that Liability Period multiplied by 12.

10.4.  Liability for third party claims under Applicable Privacy Law: Subject to clause 10.3.a, where one party (the “Paying Party”) has, in accordance with Applicable Privacy Laws, paid compensation (whether such payment relates to a claim made by a third party in contract, tort, statute or otherwise) to an individual third party (“Claimant”) following a successful claim from the Claimant, and the matter giving rise to such claim was wholly or partly as a direct result of a breach by the other party (the “Non-Paying Party”) of Applicable Privacy Law, the Paying Party will be entitled to claim back from the Non-Paying Party that part of the compensation corresponding to their part of responsibility for the damage caused to the Claimant. The Paying Party shall use all reasonable endeavours to defend the Claimant’s claim and to minimise its liability in respect of such claim prior to issuing its claim against the Non-Paying Party.

11. CUSTOMER SUPPORT, MAINTENANCE, CODE OF PRACTICE AND COMPLAINTS

11.1. The various customer support and maintenance services provided by us change from time to time but details of the most up-to-date services are available at www.vodafone.ie/contactus/ or by contacting Customer Care.

11.2. If you are unhappy about the Services or if you wish to raise a dispute with us in relation to anything in this Agreement, contact Customer Care or log onto www.vodafone.ie/aboutus/code/custcare/escalation for detail on procedures, including the online dispute resolution platform. Details on the settlement of disputes and how to request a refund or compensation from us for failures by us to meet contracted service quality levels is detailed in our Code of Practice which is available on https://n.vodafone.ie/aboutus/code.html. If, at the end of the complaints process, you feel your complaint has not been properly addressed, you can contact the Commission for Communications Regulation at www.comreg.ie.

12.  PROMOTIONS, SPECIAL OFFERS, THIRD PARTY SERVICES AND ADD ONS 

12.1. Promotions, Special Offers, Third Party Services and add ons including, but not limited to, offers in respect of handsets, hardware, call plans, content and/or ‘add on’ features, shall be subject to the provisions of the Terms and Conditions under which they are released and you may be charged for these promotions, offers and/or additional services. The terms and conditions contained herein shall also apply generally to all Promotions, Special Offers, Third Party Services and add ons as may be released by Vodafone from time to time regardless of the subject thereof (unless explicitly stated otherwise in the Promotion, Special Offer or additional service terms and conditions).

13. GENERAL

13.1. If we need to send you notices under this Agreement, we will send them to you by phone, post, email, SMS, via any Vodafone application that you are using as part of the Services or by uploading them to www.vodafone.ie. We will use the contact details you have provided to us and you must tell us about any changes to your contact details. We will treat any notices we send you by post, email or SMS text as having been received by you within a reasonable amount of time after we send them. We will treat any notices we make via www.vodafone.ie or any Vodafone application that you are using as part of the Services as having been notified to you from the date of publication.

13.2. This Agreement is governed by Irish law and subject to the jurisdiction of the Irish Courts. Any reference to any legislative act or provision will, unless the context otherwise requires, be considered as a reference to such act or provision as amended, re-enacted or replaced. Where we exercise any of our powers under this Agreement, such exercise will not prejudice or affect the exercise of any other right or remedy which may be available to us.

13.3. This Agreement is the complete agreement between you and us. Any provisions of this Agreement which are intended by their nature to continue, or to come into effect after termination or suspension, will survive termination or suspension of this Agreement and continue in full force and effect. If any of the terms of this Agreement are not valid or enforceable this will not affect the other terms. We may replace any term of this Agreement that is not valid with a similar term that is. Any waiver, concession or extra time we allow you is limited to the specific circumstances and case in which it was given and does not affect our rights under the Agreement in any other way.

13.4. Except for fraudulent misrepresentation, the Agreement represents the entire agreement between you and Vodafone relating to its subject matter and supersedes any previous agreements between the parties relating to the same. The parties acknowledge that, in entering into the Agreement, neither party has relied upon any statement or warranty made, or agreed to, by any person, except those expressly provided for by the Agreement.

13.5. Failure by either party to the Agreement 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. 

13.6. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision(s) in question shall not be affected thereby. 

13.7. Any provisions of this Agreement that are intended by their nature to continue or to come into effect after termination or suspension shall survive termination or suspension of this Agreement and shall continue in full force and effect.

14. DEFINITIONS

Additional Services: optional services which are provided by third parties and/or Vodafone which are charged in addition to your bundle allowance and out-of-bundle services and which may be cancelled at any time. 

Agreement: the agreement between you and us comprises the Terms, along with the terms of any of the following which may be applicable; (a) your Customer Application Form (b) our Privacy Policy (c) any service specific terms and conditions which relate to specific services chosen by you, (d) your Price Plan, and/or (e) promotions.

Applicable Law means law, regulation, binding code of practice, rule or requirement of any relevant government or governmental agency, professional or regulatory authority, each as relevant to (i) Vodafone in the provision of the Services and/or (ii) Customer in the receipt of the Services or the carrying out of its business.

Applicable Privacy Law means Applicable Law applicable to the Processing of Personal Data under the Agreement, including the GDPR when relevant and in full force and effect

Authorised Contact: an individual that you can choose to appoint as your agent to deal with Vodafone on your behalf. They will have full access to your account, including access to all personal and account information, including Customer Information, relating to all services being used on your account and will be able to enter into agreements on your behalf.

Calls: a transmission made over the Network for the purpose of communicating a voice or data message (which includes, without limitation, short text messages, multi-media messages, and usage of Data Sessions).

Charges: the charges for the Services, as outlined herein, in your service specific terms, in your Price Plan or CAF, including, but not limited to, connection charges, monthly rental or price plan charges, Call charges, any applicable additional usage charges calculated according to the rates prevailing from time to time, administrative charges, Termination Charges and charges for Third Party Services which the Customer may choose to receive. 

‘Commencement Date’ – the date whereon Vodafone has accepted your Customer Application Form and activated your Service.

Customer (“you”) the business person or entity that accepts these terms and conditions and/or executes the Customer Application Form, which includes the terms “you” and “yours”.

Customer Care: the customer support and care channels which we offer to you, which can be viewed on www.vodafone.ie/support. Business Customers can also call 1907 

‘Customer Application Form’ or ‘CAF’ – your application process for the Services. This form or application via online or telephone approves and authorises the provision of the Services by Vodafone to you and contains such information as Vodafone may reasonably specify. For the avoidance of doubt, the form, content and medium of the Customer Acceptance Form (in writing, on-line or via other means) shall be as specified by Vodafone from time to time.

Customer Information: all content, including any data, information, video, graphics, sound, music, photographs, software and any other materials (in whatever form) transmitted, published, disseminated, distributed or otherwise made available by or on behalf of you, via email, website or otherwise, using the Services.

Data Controller means the person that determines the purposes and means for which data is Processed.

Data Privacy Obligations means each Party’s obligations relating to the Processing of User Personal Data or Traffic Data as expressly set out in this Agreement.

Data Protection Legislation: Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the GDPR), the Data Protection Acts 1988 and 2018, any other relevant data protection and privacy law and any amendment, replacement or supplement thereto, from time to time.

Data Sessions: a connection to the internet or mobile internet established using GPRS, 3G/4G/UMTS, or other technology made available over the Network.

End-User: an individual, who may be using services under your account, who you can choose to appoint to your account in order for them to view certain information about their service usage on your account.

Equipment any Vodafone supplied or Third Party equipment as required for the supply and use of the Services and provided to you by us for such purposes; it means, unless otherwise specified, the handset or other terminal or modem (e.g. PDA/dongle for mobile broadband), the Vodafone Mobile SIM Card and/or any other equipment which is provided by Vodafone to the Customer pursuant to this Agreement in connection with the Services.

EU Roaming Regulations: Roaming Regulation 2012 (EU) No 531/2012 as amended.

GDPR means General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

Intellectual Property Rights means all intellectual property rights, including without limitation all trademarks, logos, get-up of brand(s), designs, symbols, emblems, insignia, fascia, slogans, copyrights, know how, information, drawings, plans and models, and other identifying materials, any and all rights pertaining to discoveries, concepts, ideas and improvements to existing technology whether or not written down or otherwise converted into tangible form, patents, rights in any domain names, database rights, goodwill, reputation, computer programs and analogous property, literary, dramatic, musical and artistic works and all other forms of industrial or intellectual property (in each case in any part of the world and whether or not registered or registerable and to the fullest extent thereof and for the full period thereof and all extensions and renewals thereof) and all applications for registration thereof and all rights and interest, present and future, thereto and therein.

Minimum Term: the minimum period for the supply of the Services, such period to be as specified on your Customer Application Form, or as specified in the service specific terms and conditions commencing on the Commencement Date unless otherwise agreed between the parties.

Network: all of the Vodafone and other mobile telecommunications networks and systems used to provide the Services, including all of the cables, exchanges, transmitters, receivers, computer hardware and software, and other equipment and facilities by which the Services are provided (excluding equipment owned or used by the Customer and by other users and Customers of the Services).

Network Operator: a licensed mobile telephony service provider.

Phone Number: i) In the case of a mobile service: Mobile Station International Subscriber Directory Number (MSISDN) – a unique mobile phone number programmed into a SIM card. ii) In the case of a fixed line service: a fixed number allocated to you in relation to the service.

Port/Porting/Ported: transfer of a Phone Number for use from one Network Operator to another Network Operator.

Process/Processed/Processing means obtaining, recording or holding information or data or carrying out any operation or set of operations on it.

Price Plan: the price plans made available by us for Services chosen by you containing terms, Charges and specifications applicable to the Service.

Privacy Authority means the relevant statutory or supervisory authority with responsibility for the Applicable Privacy Law in the jurisdiction of the Data Controller.

Privacy Policy: our privacy policy which can be viewed on www.vodafone.ie/privacy .

Roam / Roaming: a Service which allows you to use mobile Equipment on other Network Operator’s networks, usually outside the Republic of Ireland, subject to the EU Roaming Regulations.

Service(s): means any service that we provide to you under this Agreement. It may include any or all (as the case may be) of the following services: airtime service enabling access the Network (allowing you to make or receive calls and messages and to send and receive data) and any Additional Services we agree to provide to you.

SIM Card: a card which contains your Phone Number and enables you to access Vodafone Services.

Terms: the terms and conditions on which you, the Customer, agree to avail of the Services as set out herein.

Termination Charge means the fee payable by you where you choose to terminate this Agreement before the expiry of the Minimum Term and which is equal to the Charges for the balance of the remaining unexpired Minimum Term and as may include additional charges specified in your Price Plan.

Third Party Services: any service promoted or provided by third parties to the Customer over the Network.

User: means an individual end user of the Services who must be a permanent or temporary employee or sub-contractor of Customer.

User Personal Data means any information that relates to an identified or identifiable User.

Vodafone: Vodafone Ireland Limited whose registered office is at Mountain View, Leopardstown, Dublin 18 under company number 326967, which includes the terms “we” “us” and “our”.

Vodafone Agents  means any third party authorised to promote and sell the Service or carry out services and/or business activities on Vodafone’s behalf

‘Vodafone Group’: Vodafone Group Plc and any company in which Vodafone Group Plc holds, directly or indirectly, 50% or more of its issued share capital or has the right to exercise, directly or indirectly 50% or more of the voting rights.

Website: www.vodafone.ie  or any such other website or URL which we may dictate to you from time to time.

Vodafone Business Mobile Specific Terms

1. OUR SERVICE

1.1. In the case of mobile services, we are not in a position to guarantee or offer any minimum service levels as to the quality and availability of the Service other than as set out in this Agreement. You may experience issues, from time to time, which impact the quality and availability of the Service.  As with all radio based systems the Service may be affected by a number of local factors, such as building materials, tree cover and even weather conditions, the number of people using the network, the movement between locations, damage to the network and so on. Data reception or speed may not be as good indoors or in a car. We cannot guarantee that your Services will be uninterrupted, timely, secure, error-free, or that it will meet your specific requirements. 

1.2. For full information on speed, including estimates of the maximum download and upload speeds that you may experience on our network and speed tiering if applicable, please see https://n.vodafone.ie/support/mobile/data-speed-information.html.  Please note we offer a range of mobile Price Plans and top up offers, some of which contain agreed maximum upload and download speed limits according to various speed tiers. Please see your selected Price Plan or service specific terms and conditions (https://n.vodafone.ie/terms.html ) for full information on what speed limitations, if any, apply to your plan and how these work. Information on your rights, should you experience issues with your Service including significant deviations from estimated speeds is set out in our Code of Practice as detailed in the General Terms and Conditions of service for Vodafone Business Customers

2. YOUR OBLIGATIONS

2.1. You agree that you are responsible for the acts and omissions of all Users using the Services and Equipment under this Agreement. Without any prejudice to any provision of this Agreement, you agree:

a) to tell us immediately by telephone, if our  SIM Card is lost or stolen or damaged. You will remain liable for all Charges incurred until we are specifically aware of same. We will provide a replacement SIM Card and we may charge you for this replacement SIM by deducting the cost from your account. 

b) It is your sole responsibility to make sure all SIM Cards on your account are used in accordance with this Agreement.

3. CHARGES AND PAYMENT

3.1. Volume indications given on handset screens may not be accurate. If there is a minimum charge for each session conducted using your Equipment and such session is terminated for any reason, the minimum charge may apply again if it is re-established.

3.2. Each 160 characters (or part thereof) of each non-MMS text message in the English language is charged as a separate text message. The number of characters allowed per text message may be reduced where the default language is changed from English. In some instances, the customer’s device may convert larger messages which contain special characters or emoji(s) to a Multi-Media message (MMS), please note that text messages sent over MMS are charged by reference to the volume of data sent. Whilst we will make every effort to ensure that all text messages are delivered, you will be liable for all charges in respect of any text messages that are not delivered. 

4. ROAMING AND INTERNATIONAL CALLS

You may use the Service while located outside the Republic of Ireland. However, access to local networks will depend upon the arrangements between local Network Operators and us. Special charges will apply to such use of the Services outside of the Republic of Ireland. The terms and conditions which apply to roaming for mobile services can be consulted on our Website at http://www.vodafone.ie/roaming/. Under EU Roaming Regulations, you can use your monthly domestic allocation of minutes/data/texts while roaming in the EU in the same way you use the allocation domestically. A fair use threshold may apply. For any other destination the monthly allocations cannot be used while roaming. 

5. RESTRICTIONS ON NUMBERS, EQUIPMENT AND SIM CARD

5.1. We shall issue you with, and license you to use a SIM Card to access the Services and for no other purpose, on the condition that the SIM Card shall remain our property and shall be returned to us upon request. We may charge you for the cost of checking, repairing or replacing a SIM Card.   

5.2. Our Equipment is locked to the Vodafone Network and you are restricted from using the Equipment on any other network (unless you are roaming). Should you wish to use the Equipment on any other network you must meet certain conditions (and a charge may apply) before we can supply you with an unlocking code. All Equipment will remain our property and we are not obliged to release the Equipment until the end of the Minimum Term (other the Sim Card) or if any sums due under the Agreement are outstanding. You must not permit the Equipment to be unlocked from the Vodafone Network by anyone other than us or the manufacturer. Please see https://nac.vodafone.ie/  or contact Customer Care for further information on unlocking the Equipment. 

6. NUMBER PORTING (Switching Network Operators)

6.1. If you are transferring your number to the Vodafone Network from, or transferring your number from the Vodafone Network to, another mobile Network Operator (“Port”) you will have to comply with the Porting requirements of your current mobile Network Operator (the “Donor Operator”) and our Porting requirements. Porting away from us will be treated as a termination of this Agreement. We do not warrant, represent or guarantee that any equipment will function or operate on any other Network Operator’s telecommunications network.

6.2. Customers wishing to Port numbers to the Vodafone Network are subject to the following terms and conditions (“Our Porting Requirements”):

a. You warrant and represent that you are the account holder, principal user or authorised representative on the Donor Operator records to instruct us to Port.

b. We may vary the Porting requirements from time to time. If this Agreement has been signed and a later Porting date has been requested, the service and your obligations pursuant to this Agreement will not commence until the selected Porting date.

c. If you wish to Port to us, you must complete the application form or the online Porting process. Ports may be requested up to 30 days in advance of the required Porting date.

d. You cannot withdraw your instruction to Port once the Porting process has commenced. Ports may be cancelled (prior to commencement of Porting process only) by requesting the cancellation in the same manner that the Port was originally requested (e.g. if you request in store you must return to the same store to cancel it). The status of the Port at the time of cancellation will determine the inter-operator processes and the ability to cancel.

e. Subject to the below, your request to Port is formal notice on the Donor Operator of your termination of your agreement for mobile telephony services with them (if any).

6.3. You acknowledge that:

a. only  Phone Numbers for which you are you are the account holder, principal user or authorised representative  will be Ported;

b. services offered by your Donor Operator will not necessarily be transferred or available on the Vodafone Network, this will include the loss of voicemail messages, SMS messages, data or facsimile services;

c. you will lose all credit and allowances in your account immediately on the Port being completed;

d. you may have outstanding contractual obligations including outstanding bills and/ or termination charges owed to your Donor Operator, and you remain liable and responsible for these;

e. you may need to get SIM security or network locking functions removed by your Donor Operator or get new equipment; 

f. your existing handset may not be type-approved on the Vodafone Network and performance or functionality may vary as a result of this, certain settings may require updating.

g. for multi-line ports you or your authorised representative may be contacted by the Donor Operator seeking to confirm that the port is authorised.

6.4. Ports may be rejected if

a. information you provide is incorrect, inaccurate, false, misleading or does not match the data held by your Donor Operator; 

b. the Phone Numbers in your possession has been reported lost or stolen; 

c. your Phone Numbers has been returned to the pool of available Phone Numbers following cessation of use.

d. if you give fraudulent, false or misleading information you acknowledge that you will be personally liable and responsible for such information and you may, in appropriate cases, be referred to the lawful authorities for prosecution.

6.5. We do not warrant, represent or undertake that your Phone Numbers will be Ported within any specified timeframe or at all. 

During the Port process there may be a period of outage of your mobile service and/or any related or ancillary services. We will not be liable or responsible for any damage, loss, costs or expenses or other liability in contract, tort or otherwise direct or indirect incurred as a result thereof.

7. MULTIPLE SUBSCRIPTIONS

7.1. Where there are multiple Phone Numbers associated with the Service provided to you, you acknowledge that you have separate contracts with Vodafone for service to each of the Phone Numbers in accordance with the Price Plans applicable to each Phone Number. You acknowledge and agree to the Price Plan terms and conditions for each Phone Number. 

8. TERMINATION

8.1. Upon suspension or termination of the Agreement, we will disconnect your SIM Card from the Vodafone Network.

8.2. Services are supplied for domestic use in the Republic of Ireland. We will monitor the use of any newly activated SIM Cards on the Vodafone Network to ensure the SIM Cards are being used in Ireland. In circumstances where there is no usage in Ireland following activation, we reserve the right to deactivate the SIM Card without further notice.

1. Introduction

a.            This Price Plan, together with any applicable policies and guidelines referred to herein shall form part of your Agreement with Vodafone. 

2.     Product Details / Specification

What is Vodafone RED Business Unlimited?

a.            Vodafone RED Business Unlimited is a Vodafone mobile proposition for small business Customers, comprising a variety of RED Business Unlimited tariffs which offers some or all of the following benefits - domestic calls, text and data allowances, EU Roaming policy and RED Roaming. RED Business Unlimited Is available within applicable Price Plans which are detailed below including details of what benefits are included in each tariff.

b.           You have an obligation to mainly use our Services for business, and legitimate business purposes in the Republic of Ireland only. Your use of our services should not exceed that reasonably expected of a reasonable person using them for these purposes.  Vodafone can suspend or terminate the Services if Vodafone determine, in our sole discretion, that the Services are not being used in a manner consistent with normal usage, or that you are otherwise in violation of this Agreement. Vodafone will make reasonable efforts to contact you before suspending or terminating the Services but Vodafone are not liable for any loss you may suffer through any suspension covered by this condition.

3.     Price Plan Particulars

Vodafone RED Business Unlimited suite of Price Plans - from 5th May 2020

a.            Any unused portion of the monthly allocation associated with a Price Plan or add on (minutes/texts/data) cannot be carried over to the next month.

b.            All Vodafone RED Business Unlimited bill pay Price Plans are subject to a Minimum Term of 24 months when taken with a handset. If Customer receives an early handset upgrade while on a Vodafone RED Business Unlimited Price Plan, they will be required to enter a new 24 month contract, the effective date of which will commence on the expiry date of their existing Minimum Term.

c.            For Vodafone RED Business Unlimited Price Plans, 'out of bundle international minutes will be charged on a rounded, per minute basis.

d.           Call and text usage will be applied in the following manner: 

     i.          Vodafone to Vodafone minutes and texts

    ii.          Price plan inclusion minutes and texts

    iii.         Purchased Add-ons

    iv.         Out of bundle rates

    v.         Domestic and EU Data usage will be consumed using Price Plan inclusive data.

e.            The Inclusive Allowances as referred to in the descriptions of the RED Business Unlimited Price Plans above shall be interpreted as follows:

f.              Exclusions:

     i.         Inclusive minutes cannot be used for calls to Premium rate numbers, non-geographic numbers, and other 'special numbers' such as directory enquiries or numbers beginning with 0700.

     ii.         Inclusive texts cannot be used for MMS (Multimedia Messaging Services) or messages to Landlines, Premium rate numbers, non-geographic numbers and other 'special numbers' such as directory enquiries or numbers beginning with 0700. 

4.      Roaming

RED Roaming

a.            RED Roaming is activated in this Price Plan. To opt out of RED Roaming, text STOP RED to 50020. You can opt back in at any time. 

b.           Customers on Red Business Unlimited LITE and Red Business Unlimited plans can:

    i.         While Roaming in USA/ CANADA and ROW Red Zones - pay a daily fee to access their base plan allowance of domestic and international calls and texts; and 30GB of Data for the month. For a full list of Red Zones, see https://n.vodafone.ie/business/products-and-solutions/mobile-communications/roaming.html

c.            Customers on Red Business Unlimited MAX plan can:

     i.         While Roaming in US and CAN Red Zones - use their plan just like home and have access to the full base plan allowance of domestic and international calls and texts and Unlimited Data for no additional charge. For a full list of Red Zones, see https://n.vodafone.ie/business/products-and-solutions/mobile-communications/roaming.html

     ii.         While Roaming in ROW Red Zones, - pay a daily fee to access their base plan allowance of domestic and international calls and texts; and 30GB of Data for the month. For a full list of Red Zones, see https://n.vodafone.ie/business/products-and-solutions/mobile-communications/roaming.html

d.           When you are on RED Roaming and are roaming in any of the eligible countries listed on www.vodafone.ie/redroaming, a daily access fee (as set out on a zoned basis in Table A below) will apply following the first roaming mobile event of the day; i.e. making or receiving a call, sending a text, using mobile data. The daily access fee period applies from 12am to 11.59pm, Irish time and you don’t need to opt out when you get home.

e.            The roaming charges as published on https://n.vodafone.ie/business/products-and-solutions/mobile-communications/roaming.html[DSVI1] [PEVI2] will apply to Customers who have not opted out of Red Roaming have opted in to RED Roaming and use their phone when roaming on Vodafone or Vodafone approved networks in eligible countries. Vodafone reserves the right to change the countries and/or networks from time to time for commercial or geopolitical reasons; such changes will happen without notice and it is the Customer’s responsibility to check prior to travel.

f.              Vodafone reserves the right to change the countries and/or networks from time to time for commercial or geopolitical reasons; such changes will happen without notice and it is the Customer's responsibility to check prior to travelling.

g.            We may take measures to establish whether the Customer has prevailing domestic consumption or presence over roaming consumption or presence. We will observe this cumulatively, over a 4 month time period. We will consider prevailing domestic consumption to occur if more than 50% of the mobile services are consumed domestically within the observation window. The same holds for prevailing domestic presence.  

h.           In order to avail of the RED Business Unlimited EU Roaming policy a Customer must roam on the Vodafone Network or on a Vodafone approved Network.

i.               Customers are responsible for the management of their device configurations and should be aware that updates and connections can incur data usage. As a result, Customers are wholly responsible for any associated costs while roaming. Where a Customer device is setup for automatic data updates, connections on the Customers mobile are considered to be with the consent of the Customer and so data roaming charges will apply.

j.               Any additional data used beyond your roaming data allowance will be charged at the relevant rate for the country in which you are roaming as per the pricing published on www.vodafone.ie and will be charged in Kb increments.

k.            Any special domestic promotions or reduced rates for Bank /Public Holidays are not included.

l.              Vodafone will endeavour to ensure all roaming records are captured at time of billing however, please note that there is a dependency on third parties to provide roaming usage details in a timely manner.

m.         If you are roaming in a country that is not included in our Roaming Zones (full list of Zones provided In Table A below, you will pay default roaming rates which can be found on https://n.vodafone.ie/roaming/rates.html.[REVI3] [PEVI4]

TABLE A:

RED Business daily access fees from 5th May 2020:

1.           Red UK zone – UK, Northern Ireland, Guernsey, Isle of Man & Jersey 

2.           Red European zone – Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland & Turkey. RED USA zone – USA & Canada[WIVI5] 

3.           RED Rest of World zone - Anguilla, Antigua and Barbuda, Argentina, Aruba, Australia, Barbados, Bermuda, Bonaire, Brazil, British Virgin Islands, Cayman Islands, Chile, China, Colombia, Congo, Costa Rica, Curacao, Desirade, Dominica (Commonwealth), Dominican Republic, Ecuador, Egypt, El Salvador, Fiji, French Guiana, French West Indies, Ghana, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Hong Kong, India, Indonesia, Israel, Jamaica, Japan, Kenya, Lesotho, Macedonia, Martinique, Mexico, Montserrat, Morocco, Mozambique, Nauru, Netherlands Antilles, New Zealand, Nicaragua, Panama, Papua New Guinea, Paraguay, Peru, Puerto Rico, Qatar, Russia, Saba, Samoa, Serbia and Montenegro, Singapore, Sint Maarten, Sint Eustatis, South Africa, St Barthelmy, St Kitts and Nevis, St Lucia, St Martin, St Vincent & the Grenadines, Suriname, Tanzania, Thailand, Tonga, Trinidad and Tobago, Turks and Caicos Islands, United Arab Emirates, Uruguay, Vanuatu, Virgin Islands (US) 

EU Roaming 

a.            When roaming in the EU and the EEA, this Price Plan's allowances of voice, texts and data , and international add-ons may be used as if you were still at home. 

b.           Only calls and texts to standard mobiles and standard landlines to RoI or within the country you are roaming in (excluding premium rate and non-geographic numbers) are included[REVI6] [HDVI7] .

c.            Vodafone reserves the right to send you notifications regarding your usage of your EU Roaming allowance package and can notify you when you reach certain thresholds of your particular allowance and if/when you exceed your particular allowance. 

d.           Please note that RED Business Unlimited EU Roaming Policy is designed to be used by Customers normally domiciled in the Republic of Ireland (RoI) for casual and normal roaming usage. It is not designed to be used where the Customer has prevailing roaming consumption or presence over prevailing domestic consumption or presence. 

e.            We may take measures to establish whether the Customer has prevailing domestic consumption or presence over roaming consumption or presence. We will observe this cumulatively, over a 4 month time period. We will consider prevailing domestic consumption to occur if more than 50% of the mobile services are consumed domestically within the observation window. The same holds for prevailing domestic presence.  [HDVI8] [PEVI9]

f.              If we determine that there is prevailing roaming consumption or presence, we will alert you. Following this alert, if your usage pattern does not change to demonstrate prevailing domestic consumption or presence within a two week period from the date of the alert, we may then start to apply surcharges, which may apply from the date of the alert. Any applicable surcharge will be in line with regulated rates for roaming. Please refer to http://www.vodafone.ie/roaming/rates-by-country/bill-pay/ for details. Should a surcharge be applied under this clause, we will cease to apply a surcharge once the prevailing presence or consumption criteria are fulfilled. 

g.            If you wish to submit any complaints in relation to the application of this clause, please follow the process set out in our Code of Practice as detailed in the General Terms of service for Vodafone Business Customers  

h.           Customers opted in to RED Business Unlimited 'Take Your Home Plan Abroad'on this Price Plan can decide to connect to a network other than Vodafone's preferred network in the particular country, provided that Vodafone has a roaming agreement in place with the operator.  If a Customer does not manually switch back to the Vodafone or Vodafone preferred network, they will not be able to avail of the RED Business 'Take Your Home Plan Abroad' service and related rates. In these circumstances, Customer will be charged at the default EU Regulated Roaming rates for calls and texts made on the alternative network. These prices are published on http://www.vodafone.ie/roaming/rates.htmlwww.vodafone.ie[REVI10]

K.   If you have already opted into Vodafone Passport Mobile Internet, this service will only apply when you roam in countries that are outside the RED Business footprint but within the Passport footprint. If you opt out of RED Business 'Take Your Home Plan Abroad', you will remain on Vodafone Passport Mobile Internet. If you are not opted into either of these plans you will pay our default roaming plans.[PEVI11]

L.    Data cannot be used for the purpose of Tethering.[PEVI12]

M.  Customers opted in to RED Business Unlimited 'Take Your Home Plan Abroad' can decide to connect to a network other than Vodafone's preferred network in the particular country, provided that Vodafone has a roaming agreement in place with the operator.. If a Customer does not manually switch back to the Vodafone or Vodafone preferred network, they will not be able to avail of the RED Business 'Take Your Home Plan Abroad' service and related rates. In these circumstances, Customer will be charged at the default EU Regulated Roaming rates for calls and texts made on the alternative network. These prices are published on www.vodafone.ie[PEVI13]

5.      Additional Services (Add ons)

a.            All add-ons are charged on a monthly basis and will apply from your next bill day. Add-ons specified as a onetime/instant add-on will be applied to your account within 24 hours and expire after 30 days. Available Add ons are set out In Table B below.

TABLE B

6.     Migrating Plans

a.            When migrating from one Price Plan to another Customer may not carry over any remaining balances or add-ons from their old Price Plan.

Migrating from another bill pay Price Plan to Red Business Unlimited

a.            If, while you are on another bill pay Price Plan and still within your Minimum Term, you change plan to a RED Business Unlimited tariff:-

                                                                              i.         and do not get a new handset, and where the monthly access fee is equal to or more than the monthly access fee for your current Bill Pay Price plan, your Minimum Term will remain unchanged; or,

                                                                            ii.         and the Price Plan you choose includes a new handset, you will agree to a new Minimum Term in respect of the relevant Phone Number.

                                                                          iii.         the terms and conditions of this Price Plan will apply to your Service from the date of commencement of the new Price Plan.

b.           In cases where you move from a legacy Price Plan to the Vodafone RED Business Unlimited suite of Price Plans, you will be unable to move back to the legacy Price Plan at any point in the future.

Migrating within Vodafone RED Business Unlimited Price Plans

a.            Customers may migrate to another Vodafone RED Business Unlimited Price Plan (provided the new RED Business Unlimited Price Plan is of equal or greater contract length and value) by giving prior notice to Vodafone. The change of Price Plan will be effective as of the Customer's next billing day, provided that notice is given at least three full working days in advance of the billing day.

b.           Customers can migrate from their existing Vodafone RED Business Unlimited Price Plan only once per month.

c.            Unless Vodafone, in its sole discretion decides otherwise, Customer cannot migrate to another Vodafone RED Business Unlimited Price Plan which is of a lesser value until their contract with Vodafone has exceed the Minimum Term. If a Customer migrates to a Price Plan of a lesser value before their contract has ended, Vodafone reserves the right to implement a Charge to the Customer for this migration, such as an early termination fee for their existing Price Plan based on the duration of the unexpired term of their existing Minimum Term

7.     Speeds

a.            Mobile data speed limits apply to our Vodafone RED Unlimited plans. The maximum upload and download speeds you could experience on your device with these plans are as follows: 

    i.         RED Business Unlimited Lite maximumspeed 10MB/S

    ii.         RED Unlimited: fastest speed available

    iii.         RED Unlimited Max: fastest speed available

8.     Billing

a.            Towards the end of your contract term, Vodafone may contact you regarding (a) recommitting to your Vodafone contract for a further contract term and/or (b) in relation to alternative and/or additional Vodafone packages which may be appropriate to your recommitment to your Vodafone contract.

9.     Sundry

a.            From time to time Vodafone may modify the standard settings and/or features of the RED Business Unlimited proposition in order to offer additional value to the Service. The parties agree that such changes to the RED Business Unlimited proposition or package do not constitute modification in the conditions of the contract for that RED Business Unlimited proposition or package

1.          Virtual Office Number

The terms and conditions under this heading relate to the Vodafone Virtual Office Number service ('the Service'). These terms and conditions apply in addition to the General Terms and Conditions of service for Vodafone Business Customers (“General Terms”) and the Mobile Specific Terms and form part of your Agreement with Vodafone.

1.1.      Virtual Office Number is a Vodafone service which provides the User with a virtual landline number that diverts landline calls to their mobile number.

1.2.      Unless otherwise notified to Customers in writing, Virtual Office Number is only included with the following Vodafone Business Unlimited Price Plans: Business Unlimited Lite, Business Unlimited, Business Unlimited Max and is only available to Vodafone Business Customers. There is no additional cost for this feature.

1.3.      When signing up for one of the above Business Unlimited Plans you must notify us if you wish to avail of the Service. As part of the Service you will receive a dedicated geographic landline number (the 'Landline Number') which will be set up to call forward to your specific mobile number which must be on one of the above mentioned Business Unlimited Price Plans.

2.          New Landline Numbers
Vodafone will choose the new Landline Number for you to use with your mobile phone on our network. This Landline Number will be based on your billing address when signing up for the Service and will be allocated based on your minimum numbering area ('MNA') as defined by the Commission for Communications Regulation. By way of example, this means that if your address is within the MNA associated with 071 (Sligo) you can only be assigned a number beginning with 071.

3.          Existing Landline Numbers: 
Where porting is requested by you, you warrant and represent that you accept the terms relating to porting contained in the General Terms and the Mobile Specific Terms.

3.1.      A landline terminal is not required or provided as part of this Service

3.2.      In order to avail of the Service the Customer must not change the Landline Number call forwarding functionality to an alternative mobile number on another mobile network or on a non-relevant Business Unlimited plan as outlined in clause (2) above.

3.3.      Your Landline Number is linked at all times to the mobile number it was set up on as part of the Service. Vodafone cannot transfer the Landline Number to divert calls to another mobile number. Where a Customer wishes to transfer ownership of a Landline Number created by the Service that is linked to a Vodafone mobile number, the Customer must complete a Transfer of Ownership form to transfer ownership of that mobile number and the associated Landline Number.

3.4.      Customers may terminate this Service at any time by notifying Vodafone.

3.5.      If a Customer terminates their Business Unlimited plan, moves to a Vodafone mobile tariff plan outside of those listed in clause (2) above or moves their mobile service to another network provider the Service will be terminated and no longer function.

3.6.      The Landline Number or mobile number do not belong to the Customer and will remain property of Vodafone until the mobile number is transferred to another network provider. Where a Customer ports their mobile number to another mobile operator, the associated Landline Number will be disconnected unless the Customer notifies Vodafone in advance that they wish to retain the Landline Number allocated to them. In this scenario, Vodafone will, where possible, facilitate the transfer of the telephone number to the new network operator in accordance with agreed industry processes.

3.7.      If you change your address at any time you will need to inform Vodafone so we can supply you with a new Landline Number based on your new billing address as defined by ComReg. Please note that any changes to your address may impact the Service.

3.8.      Vodafone does not represent or warrant that the operation of the Service or related Vodafone products and services will be uninterrupted, timely, secure or error-free or that it will meet any Customers specific requirements.

1.         Call Conferencing 
The terms and conditions under this heading related to the Vodafone Call Conferencing service ('the Service'). These terms and conditions apply in addition to the General Terms and Conditions of service for Vodafone Business Customers (“General Terms”) and the Mobile Specific Terms and form part of your Agreement with Vodafone.

1.1.       Call Conferencing is a Vodafone service integrated with the Call Transfer Service for RED Business Unlimited Max Customers only. It allows you to talk up to five people at once. These calls can be incoming or outgoing but the person controlling the call only pays for the call they initiate. This service is for domestic use only.

1.2.      When signing up for RED Business Unlimited Max Price Plan, Call Conferencing is provisioned once the Price Plan is in place. The User must enable their device in order to set up conference calling. 

1.3.      In the same manner as a voice call over the mobile network, any voice calls made with Call Conferencing will deplete the voice bundle allowance included with your Price Plan. If you exceed your bundle allowances, you’ll be charged for a call using Conferencing at the same rate you would be charged for a call over the mobile network. These charge rates are referenced in the terms and conditions of your Price Plan

1.4.      Service Limitations.

Vodafone cannot guarantee specific levels of performance and the call quality during provision of the Service.

1.5.      Warranty The Service is provided ‘as is’ and as far as we are able to under the law we exclude all representations, warranties, conditions and other terms not expressly stated in these terms, including any implied warranties or conditions as to non-infringement of third party rights and fitness for a particular purpose in relation to your use of the Service.

1.6.      Customers may terminate this Service at any time by notifying Vodafone.

1.7.      If a Customer terminates their RED Business Unlimited Max Price Plan or move their mobile service to another network provider the Service will be terminated and no longer function.

1.8.       Vodafone reserves the right to withdraw the Service generally or from any particular Customer at any time and to vary or amend any element of this Service at any time without further notice.

1.         Microsoft 365 Online
The terms and conditions under this heading relate to the Microsoft 365 Online ('the Service') service.  These terms and conditions apply in addition to the General Terms and Conditions of service for Vodafone Business Customers (“General Terms”) and the Mobile Specific Terms and form part of your Agreement with Vodafone

1.1.      Microsoft 365 Online is a smart working and collaboration tool. The Service includes:
- A 50 GB mailbox and a custom email domain address, 
- Web (only) versions of Office applications (Outlook, Word, Excel, PowerPoint, OneNote), 
- 1 TB of OneDrive storage 
- Microsoft Teams to hold online meetings and video conferencing for up to 250 people. 
This is all stored safely in the cloud. 

1.2.      The Service is an independent third party service, provided by Microsoft. Vodafone is not responsible for, and accepts no liability whatsoever in relation to the provision of the Service and/or its content by Microsoft. By signing up to the Service, you understand and expressly agree that Vodafone is not responsible for the provision of the Service to you. If you do not agree with this term then please do not use the Service.

1.3.      This Service is only available to Users on the RED Business Unlimited Max plan.

1.4.      If using the Service, Customer hereby agrees to the Microsoft Customer Agreement (which may be amended by Microsoft from time to time). Please read the Microsoft Customer Agreement which is available here: https://www.microsoft.com/licensing/docs/Customeragreement

1.5.      If a Customer terminates their RED Business Unlimited Max plan or moves their mobile service to another network provider the Service may be terminated and no longer function. The Customer has the responsibility to make arrangements with Vodafone or another provider for the continuity of licence activation should the mobile service move from Vodafone.

1.6.      Vodafone reserves the right to withdraw the Service generally or from any particular Customer at any time and to vary or amend any element of this Service at any time without further notice.

1.7.      Only licences activated in accordance with this Service are subject to the terms herein. Licences transferred in or added outside of this Service will be subject to the standard charges and terms associated with the service in question.

1.         Security: 
The terms and conditions under this heading related to the Security Zimperium ('the Service'). These terms and conditions apply in addition to the General Terms and Conditions of service for Vodafone Business Customers (“General Terms”) and the Mobile Specific Terms and form part of your Agreement with Vodafone

1.1.      The Service is an independent third party service, provided by Zimperium. Vodafone is not responsible for, and accepts no liability whatsoever in relation to the provision of the Service and/or its content by Zimperium. By signing up to the Service, you understand and expressly agree that Vodafone is not responsible for the provision of the Service to you. If you do not agree with this term then please do not use the Service.

1.2.      The Service is an enterprise class, on-device security engine for Android and iOS devices that protects your mobile device against harmful phishing attacks and malicious apps. Developed for mobile devices, Zimperium’s application based service focuses on behaviour-based analytics on the device to detect threats in real time. 

1.3.      This Service is only available to Users on the RED Business Unlimited and RED Business Unlimited Max plans.

1.4.      Users must agree to Zimperium EULA Agreement. Please read EULA Agreement here: https://www.zimperium.com/wp-content/uploads/2019/09/EULA.pdf

1.5.      Users will have to agree to Zimperium EULA terms when logging into the application.

1.6.      Vodafone is not liable for any damage to hardware or software where the app is installed.

1.7.      If a Customer terminates their RED Business Unlimited or RED Business Unlimited Max plan or moves their mobile service to another network provider the Service will be terminated and no longer function.

1.8.      Vodafone reserves the right to withdraw the Service generally or from any particular Customer at any time and to vary or amend any element of this Service at any time without further notice.