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.

General

1.       These Terms together with the Customer Application Form and any Service specific terms and conditions, tariff plans or promotions constitute a legally binding agreement (the “Agreement”) between Vodafone and you. Use by you or by another person (whether or not such a person is acting with the authority of you) of any of the Services provided by Vodafone, shall be deemed to constitute an acceptance of this Agreement.

2.       This Agreement shall commence and you shall be deemed to have accepted that you are bound by, and  have agreed to comply with, the terms of this Agreement (as defined above) on the Commencement Date and, subject to termination in accordance with these Terms, shall continue for the Minimum Term of the applicable Services and thereafter shall continue on a month by month basis until terminated in accordance with these Terms. Please note that various related Vodafone products and services including add-ons and Third Party Services may be subject to their own distinct terms and conditions which you are advised to read. 

3.       Vodafone reserves the right to refuse to accept any customer application.

4.       Vodafone may vary or change the Agreement or any part of the Services for any commercial, technical or operational reason and any material changes shall be notified to you in advance. 

5.       These Terms apply to the Services which Vodafone have contracted to provide you at the time of entering into this Agreement and will continue to provide over the duration of the contract. These Terms can only be changed by Vodafone giving you thirty (30) days’ notice. In the event of any such alteration, you shall have the option to terminate the Service without penalty during that 30 day notice period, subject to payment by you of all Charges due to date. Your continued use of the Service after this  30 day notice period has expired signifies your acceptance of any amendment.

6.       Please note that Vodafone Agents are not authorised to amend this Agreement or to agree any provision which is inconsistent herewith.

7.       Connection to the Services shall be conditional on:

a.        you having and maintaining a credit rating satisfactory to Vodafone and providing Vodafone with such financial security as it reasonably requires;

b.        you providing valid proof of identity/address and  

such evidence of residency in Ireland as Vodafone may require;

c.        y ou being over eighteen (18) years of age (if personal application); and

d.        truthful and accurate completion of the application form by you and the provision of such other information as Vodafone may for any valid reason request.

8.       There will be a customer care support service in connection with the Services, available from 09:00 to 21:00 from Monday to Friday and from 10:00 to 18:00 on Saturday, Sundays and Holidays at the following number: 1907.

9.       If you are a customer with special needs (for example an elderly or disabled customer) we can provide you with Services and products geared towards your needs.  We can also provide you with information material in  other formats, such as braille, audio or large print. Please contact us via 1907 and tell us how we can help you. 

Service availability

10.   You must have a service delivery address located within a geographic area covered by the network reach of the Access Provider’s network.

11.   Your service address must be capable of a standard installation type as determined by the Access Provider. 

12.   If you move house, we will try, but shall be under no obligation, to provide you with the Services at your new address if it is within our serviceable area. You will still be liable to pay the applicable Charges in relation to the Minimum Period for the Services provided to your old address even if you move from that address during the Minimum Period, or if we do not provide you with Services at your new address, or if your new address is outside our serviceable area. Where we agree to provide the Services to your new address, you shall be entered into a new eighteen month minimum term contract for all Services associated with your account from the date of activation  in the new address.

13.   If you would like to transfer ownership of this Agreement you must complete and Vodafone must accept a valid transfer of ownership application. It is also possible to change and amend the account holder details for your Vodafone customer account. You can find out more information on www.vodafone.ie.

Installation

14.    On the placing of an order for the Services, Vodafone will provide you with a timeline within which it will deliver  the Services. This timeline may vary from customer to customer depending on the circumstances affecting  the delivery mechanism for you. Vodafone will use its reasonable efforts to install the Services in accordance with the timeline it agrees with you, but such dates are estimates only and Vodafone cannot guarantee that it will meet such dates. Vodafone will work with the Access Provider to provide the initial connection to you as soon as possible and in any event within ninety (90) days of the date on your Customer Application Form or as otherwise agreed with you.

15.    Each new order for the Services may require a Vodafone Agent visit to install the Equipment in your home or business premises (“Service Installation”). If an engineer visit is required, you will be notified with an initial appointment date and time (within normal working hours) for Service Installation. If you wish to reschedule this initial appointment, you can do so without charge until 5pm on previous working day, prior to the appointment. 

16.    The Service Installation will commence with an overview of your home or business premises (the “Premises”) to ensure that the Premises can support the Services. You must allow the Vodafone Agents access to your property in order to allow for the installation of Equipment and so that they may carry out any works necessary for the provision of such Services.

17.    You must have the Premises ready and safe for the Vodafone Agents to arrange the Service Installation. At the time of placing your order where you have requested that an extension kit be installed, you accept full responsibility to ensure that there is a clear and safe environment for the engineer to carry out the Service Installation. This includes moving any furniture likely to obstruct the path of the extension kit cable prior to the arrival of the Vodafone Agents. Under no circumstances will Vodafone Agents engage in such activity and Vodafone reserve the right to charge for any additional time spent on site by the Vodafone Agents as a result of having to wait, or as a result of having to reschedule the appointment due to the Premises not being ready for the Service Installation.

18.    The Service Installation may require works to be carried out on the Premises, which may include a change of phone socket in the wall or drilling a hole through the wall of your property and affixing a coupler box to an external and internal wall and/or any other works which may be required to complete the Service Installation as deemed necessary by the Vodafone Agents. The Vodafone Agents will utilise any suitable available pre-existing overhead and underground infrastructure where possible, although in certain circumstances, underground digs may be required. Where no underground ducts are available, an overhead install solution may be used between homes and/or businesses and/or from a power line, or telephone, pole onto the façade of your premises. You must be present at the premises at the arranged time for install, in order to facilitate access to the premises, as required and to acknowledge that the works have been carried out to a suitable standard.

19.    As part of the Service Installation you may require 

Equipment in order to receive the Services. Where this Equipment has been posted to you, it is your responsibility to have the Equipment at the Premises prior to the Service Installation.

20.    YOU ACCEPT THAT IN ORDER TO INSTALL THE SERVICES, CERTAIN THIRD PARTY CONSENTS MAY BE REQUIRED BY THE ACCESS PROVIDER AND IT MAY BE YOUR RESPONSIBILITY TO OBTAIN THESE CONSENTS WHERE REQUIRED. FAILURE TO OBTAIN THESE CONSENTS SHALL RESULT IN THIS AGREEMENT BEING TERMINATED WITH IMMEDIATE EFFECT WITHOUT PENALTY BETWEEN VODAFONE AND YOU.

Where rental premises are concerned, it is the responsibility of the tenant to inform and seek permission from the landlord regarding the installation of Equipment, including any required alterations to the premises. YOU AGREE THAT YOU WILL INDEMNIFY VODAFONE IN RESPECT OF ANY CLAIM OF TRESPASS BY A LANDLORD OR ANY THIRD PARTY IN CIRCUMSTANCES WHERE YOU HAVE FAILED TO OBTAIN THE APPROPRIATE CONSENT AS REQUIRED UNDER THIS CLAUSE.

21.   Vodafone shall make commercially reasonable endeavours to install the Services but shall not be liable in the event that it is not able to complete installation. In such event, the Agreement shall be terminated with immediate effect without penalty between Vodafone  and you.

22.   The Service Installation will be completed by the Vodafone Agents. Vodafone does not accept any liability whatsoever for any loss or damage that may occur to the Premises during the Service Installation.

23.   You acknowledge that your power supply may be interrupted during the installation process. Furthermore during the provisioning of a Service you may experience a temporary loss of existing services and Vodafone shall not 

be held liable to you for any losses or damages howsoever arising during such period. 

24.   Please note you will be liable to pay a cancellation/ penalty charge to Vodafone in each of the following cases; a.     If you have not provided the necessary cancellation notice period in respect of the scheduled Service Installation Appointment (i.e. Up to 5pm of the previous working day) or do not answer your phone within 10 minutes of the scheduled Service 

Installation Appointment;

b.       If the Vodafone Agents cannot gain access to the Premises due to a 3rd party access issue, for example within an apartment block;

c.       If you refuse to allow the Vodafone Agents onto your property on the agreed appointment date;

d.       In the event an extension kit is required and the Premises has not been cleared for the Vodafone Agents to work. This can include the removal of furniture or carpet etc.

e.       Where the environment is considered dangerous or unsafe to the Vodafone Agents, the works may not proceed but the cancellation/penalty charge may be levied regardless.

The services

25.   After installation has been completed, Vodafone will provide the Services in accordance with this Agreement. 

26.   In supplying the Services, Vodafone will use reasonable skill and care but cannot guarantee fault free performance. Vodafone does not warrant that the Services will be suitable for specific customer applications, that the operation of the Services will be uninterrupted or errorfree or that the Services will support or be compatible with any applications or other services which the Customer uses in conjunction with the Services.

27.   Due to the wide range of causes of faults, many of  them outside of Vodafone’s control, it is not possible  for Vodafone to fix a particular fault in a guaranteed timeframe. However, Vodafone will use all reasonable endeavours to repair faults in a timely fashion. There are no compensation and refund arrangements which apply  if targeted service quality levels are not met, the service  is provided on a best effort basis.

28.   Vodafone reserves the right, at its discretion and without prejudice to any other provisions of this Agreement, to issue such reasonable instructions concerning the use  of the Services as it considers necessary in the interests of safety, quality of the Services, other customers or telecommunications services as a whole. Vodafone may also issue details as to minimum system requirements.

29.   Vodafone may modify the standard settings and/or features of the Services to offer additional services or value to a Customer’s Services or tariff plan from time  to time.

30.   Vodafone shall make reasonable efforts to prevent unauthorised access to the Services by third parties but shall have no liability to the Customer for any loss or damage caused by unauthorised third party access to Services or the Equipment. 

Fair usage

31. Vodafone operates a fair usage policy (FUP).  It is important to Vodafone that all eligible Vodafone customers are able to access our Services. Accordingly, we have devised a FUP which applies to all our Services. Vodafone may rely on this fair use policy where your usage of the Services is excessive or unreasonable as detailed in this paragraph. Vodafone has developed a threshold for the Services and the related tariffs by reference to average customer profiles and estimated customer usage of the Services (particularly the estimated volume and length of calls likely to be made and data used by end users) (the “Threshold”). If, at the absolute discretion of Vodafone, Vodafone is of the opinion, that your usage of the Services materially exceeds the Threshold over any month, Vodafone may contact you to advise you that your usage exceeds its fair use policy. If the excessive usage continues to exceed the Threshold after receipt of a request to desist from or alter the nature of such usage, Vodafone reserves the right to charge you for the excessive element of your usage at your price plan’s standard rate or to suspend, at its absolute discretion, modify or restrict your use of the Service or to withdraw your access to the Services entirely.

Suspension of the service

32.    You agree that from time to time it may be necessary for Vodafone to temporarily suspend the Services during periods of repair, essential maintenance or alteration or improvement to the Services or otherwise in accordance with the law.

33.    Vodafone may immediately, without notice, temporarily bar, suspend, restrict, and/or disconnect your use of the Services (collectively “Suspension”) wholly or partially for any valid reason, including without limitation, where:

a.        you fail to pay any Charges set out in this Agreement

b.        you fail to observe any other term or obligation set out herein or any relevant law; or 

c.        you engage in any activity (or permits any activity) which Vodafone (as in its discretion shall determine) considers:

i.          to be contrary to existing legislation or regulations applicable to provision of the Services or

ii.        is or is likely to have an adverse impact on the quality of the Services or the integrity of the Services.

34.    Vodafone shall use reasonable endeavours to contact you, but shall not be obliged to contact you, prior to any such suspension of the Services.

35.    Vodafone shall be entitled to maintain suspension of the Services until any breach outlined in Clause 33 is remedied to Vodafone’s’ satisfaction.

36.    VODAFONE SHALL BE ENTITLED TO CHARGE A RECONNECTION FEE, AS SET OUT IN THE TARIFF SHEET, ON RECONNECTION OF A CUSTOMER FOLLOWING ANY TEMPORARY PERIOD OF SUSPENSION PURSUANT TO CLAUSE 33.

37.    Vodafone may suspend the Services from time to time, without liability or notice, for the alteration, improvement or maintenance of the Services and/or where it is required to do so in compliance with any regulatory, government or legal requirement.

38.    Where your Services are suspended in accordance with the above, any request for changes to the Services (including upgrades/downgrades or cessation) shall not be possible.

Customer responsibilities 

39.   You warrant that all information and details provided by you to Vodafone in your Customer Application Form are true and accurate and you shall promptly advise Vodafone immediately in writing or by contacting Vodafone’s customer care team via 1907 (where applicable) with any changes to that information (including without limitation, your name, address, email address and/or telephone number).

40.   You undertake and agree to use the Equipment as supplied by Vodafone only in order to access the Services and you shall not use the Equipment otherwise than permitted under this Agreement. 

41.   The Services are provided solely for your own use.

42.   You undertake not to use or permit others to use the Services or the Equipment (including where relevant in any emails, or Customer Information made available on the Internet):

a.       or business purposes to sell on or supply the Services to anyone on a commercial basis;

b.       or any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Services;

c.       in any way that may cause degradation of service levels to other customers as determined by Vodafone’s or in any way jeopardises, impairs, interrupts or interferes with the integrity or security  of the Services;

d.       to send unsolicited commercial communications or promotional material;

e.       for the communication, transmission, publication, distribution or dissemination of any material which is, may be or is intended to be a hoax or is of a defamatory, offensive, abusive, obscene, indecent or menacing nature or in breach of any intellectual property right;

f.        or the processing of automated or manual “personal data” in contravention of Data Protection Legislation; or

g.       otherwise in any manner which does not comply with  the terms of any applicable law, legislation, regulation, direction or any licence or authorisation applicable to you or any instructions given by  Vodafone from time to time.

43.   You hereby agree to avail of the Services subject to the provisions of any legislation, regulations, bye-laws or codes of practice applicable to such use.

44.   You shall ensure that all persons having access to the Services or the Equipment comply with this Agreement.

45.   You shall comply with all reasonable instructions given to you by Vodafone in relation to the use of the Service and the Equipment.

46.   You agree that 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.

47.   YOU SHALL INDEMNIFY AND HOLD VODAFONE HARMLESS AGAINST ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES, EXPENSES AND PROCEEDINGS HOWSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE BY YOU OR ANY OTHER PERSON OF THE SERVICES AND/OR THE EQUIPMENT PROVIDED UNDER THIS AGREEMENT AND/ OR ANY BREACH OF THIS AGREEMENT BY YOU.

Equipment

48.   If you select specific Equipment from Vodafone, a once off Equipment Fee may apply, otherwise Vodafone will supply suitable Equipment to you in order to facilitate provision of and use of the Services. This Equipment remains the property of Vodafone and may only be used in connection with the Services and you must comply with all manufacturers’ instructions and any other reasonable instructions provided by Vodafone in relation to the use of this Equipment. Vodafone may add to or substitute the Equipment as necessary to provide the Services or for other valid reasons. 

49.   Vodafone will retain ownership of all Equipment, including but not limited to any cables and/or fittings provided to you under this Agreement and may remove them during or upon the termination of this Agreement. For the avoidance of doubt, title to any Equipment will not transfer to you and it shall remain vested in Vodafone unless agreed otherwise between you and Vodafone. In such circumstances title to such Equipment will pass to you upon full payment of any relevant equipment fees only. 

50.   You shall ensure that all Equipment is maintained and kept in good working order. 

51.   Vodafone does not guarantee that hardware, other than that supplied by Vodafone, will work with the Services. Vodafone does not encourage you to connect any equipment to the Services which has not been supplied or expressly approved by Vodafone. Vodafone shall have no liability for any equipment, plug-ins or other devices, hardware or software provided by you, for use in connection with the Services. Any such equipment must be compatible with the Services, must not cause damage or loss to the Services and the Vodafone Network and must be used in accordance with relevant instructions, safety and security procedures.

52.   Devices configured and sold by Vodafone are intended only to be used with the Services. To ensure that you are provided with the highest possible level of service and support, and to preserve the integrity of the Vodafone Network, all devices sold by Vodafone shall be administered by Vodafone only. This means that under no circumstances shall Vodafone supply you with administration access for hardware, including when you close or cancel your account.

53.   Vodafone does not support or make any assurances as to the quality of the Services supplied through the use of Third Party Equipment and shall not be responsible for any loss or damage howsoever arising from Third Party Equipment or the Services as a result.

54.   Vodafone may change its service delivery method or platforms from time to time which may require you to change the Equipment and/or the Equipment settings to continue to avail of the Services. You agree that such changes do not constitute changes to the terms and conditions of Service. Vodafone is not liable for any costs incurred as a result of any changes required to be made by you.

55.   On termination of this Agreement, cancellation of any Service or on receipt of any replacement Equipment, where the requirement for a particular piece of Equipment which was necessary for the provision of such Service is no longer necessary, you shall within fourteen (14) days of the date of such termination, cancellation or receipt of replacement Equipment, return the required Equipment  to Vodafone. 

56.   VODAFONE WILL ARRANGE FOR A COURIER TO COLLECT THE REQUIRED EQUIPMENT. IF YOU MISS YOUR EQUIPMENT COLLECTION OR REPLACEMENT APPOINTMENT YOU MAY BE CHARGED AN EQUIPMENT NON-RETURN FEE. IF VODAFONE CANNOT MAKE DIRECT CONTACT WITH YOU IN ORDER TO SCHEDULE SUCH AN APPOINTMENT, WE WILL SEND YOU A COMMUNICATION BY TEXT AND/OR EMAIL DETAILING HOW TO GET IN TOUCH WITH VODAFONE TO ARRANGE COLLECTION OF THE EQUIPMENT. IF YOU FAIL TO CONTACT VODAFONE IN RETURN AND/OR FAIL TO RETURN THE REQUIRED EQUIPMENT, YOU MAY BE CHARGED AN EQUIPMENT  NON-RETURN FEE.

57. If the customer requires replacement Equipment from Vodafone outside the period of their Equipment warranty, a charge may apply.

Limitation of liability

58.   Nothing in this Agreement shall limit or exclude Vodafone’s liability to you for personal injury or death. 

59.   Vodafone shall use reasonable endeavours to ensure that the Service is available for use by you in accordance with the terms of this Agreement but shall not be liable for any delay, failure, interruption, or deterioration therein, howsoever arising.

60.   Vodafone shall make reasonable efforts to prevent unauthorised access to the Services by third parties  but shall have no liability to you for any loss or damage  caused by unauthorised third party access to the Services or the Equipment.

61.   You acknowledge that Vodafone shall to the greatest extent permitted by law, have no liability whatsoever for any delay, failure, interruption, non-availability or deterioration in any Equipment or Services provided  under this Agreement.

62.   Save as expressly provided herein, Vodafone disclaims all representations, warranties, guarantees, terms or conditions of any kind, whether express or implied, including but not limited to implied undertakings regarding quality of service implied under Section 39 of the Sale of Goods and Supply of Services Act, 1893 and 1980, to the fullest extent permitted by law and the customer agrees that is fair and reasonable. For the avoidance of doubt any limitation or exclusion of liability under these terms and conditions shall only be to the extent permitted by law.

63.   Under no circumstances shall Vodafone be liable for any loss or damage arising as a result of:

a.       the failure of the Services or Equipment due to the 

incompatibility of the Services with any equipment not supplied by Vodafone;

b.       the acts and omissions of other telecommunication 

operators (including the Access Provider); or

c.       breach in the security or privacy of messages 

transmitted using the service provided by us unless the breach results from the wilful default of Vodafone or its employees.

64.   Under no circumstances shall Vodafone be liable to you or any third party, whether under contract, tort, statute or otherwise, for any indirect, economic, special or consequential loss, howsoever arising as a result of your use of the Services and/or the Equipment or otherwise in connection with this Agreement, whether foreseen or unforeseen, including but not limited to loss of time, loss of savings, loss of data, loss of business, loss of revenue, loss of opportunity, loss of goodwill or loss of profits. 

65.   Without prejudice to the exclusions of liability set out in this clause, Vodafone’ entire aggregate liability to you or any third party for any and all claims, howsoever arising out of or in connection with this Agreement and whether under contract, tort, statute or otherwise, shall not exceed the lesser of (i) the total charges paid by the customer to Vodafone in the twelve (12) months prior to the date of the last event giving rise to such claim(s) and (ii) €1,500, provided that this shall not operate to exclude any minimum liability imposed by statute.

66.   These Clauses 58-66 (LIMITATION OF LIABILITY) shall continue to apply notwithstanding termination of this Agreement for any reason whatsoever or howsoever arising.

Use of information

67.   Vodafone shall comply with all of its legal obligations including (without limitation) under the Data Protection Acts 1988 and 2003. This section is subject to the provisions of Vodafone’s Privacy Policy, which can be found at vodafone.ie/terms/privacy. Vodafone shall collect and process personal data for legitimate business purposes that are connected with the delivery of the Services to you. These may include processing your application, conducting credit and anti-money laundering checks, supplying you with Vodafone’s products or Services, administering your account, calculating usage and charges, invoicing, customer services and the efficient management of call and traffic data. Vodafone may also process your personal data for the following purposes:

a.   to monitor or record calls to or from Vodafone’s Customer Care support service for training and quality purposes, customer record purposes and in order to track reported problems;

b.   to prevent, detect and investigate fraud or any other criminal activity;

c.   to investigate improper use of the Services or the Network; or

d.   to assess and profile your network and billing history for  pricing, statistical and customer service purposes.

68.   You consent to Vodafone accessing existing customer account details on Vodafone’s systems (name, address, credit information, etc.) for the purposes of processing your Vodafone application, administering your account and provision of the Service to you.

BY ENTERING INTO THIS AGREEMENT, YOU EXPLICITLY CONSENT TO THE USE OF CUSTOMER INFORMATION FOR THESE PURPOSES WHICH INCLUDE ACCOUNT MANAGEMENT, MARKET RESEARCH, CUSTOMER PROFILING, PRODUCT  AND SERVICE DEVELOPMENT, PRODUCT AND SERVICE MARKETING AND CUSTOMER CARE, EFFICIENT OPERATION  OF THE SERVICES AND OTHER LEGITIMATE BUSINESS PURPOSES.

You shall be deemed in accepting these Terms to have given consent for the use of your information for such purposes. 

The use of such information for purposes other than those outlined in this Agreement shall be subject to your consent as given in your Customer Acceptance Form and your authorisation.

69.   Personal information will be retained for a reasonable period in accordance with Vodafone’s legislative obligations under the Date Protection Acts in a secure environment. 

70.   Vodafone may find it necessary to disclose certain customer information to its group companies, other licensed telecommunications operators and  Vodafone’s agents and also to third parties (including other telecommunications operators) for the purpose of administration, account management, customer profiling, market research, fraud prevention, services and product development, insurance claims processing, porting and other legitimate business purposes. Personal data is not otherwise disclosed to third parties, save where required for the purposes of compliance with any regulatory, government or legal requirement.

71.   Vodafone may use your contact details from time to time to contact you about Vodafone and its promotions, products or services which may be available to you or to send you details of such promotions, products or services. You hereby explicitly consent to such contact while you are availing of the Services and for a period of twelve  (12) months after you cease to avail of the Services.  

The Customer may indicate in its Customer Acceptance Form or contact Vodafone’s Customer Care support service via 1907 at any time that it does not wish to receive such communications.

72.   You have the right to obtain a copy of any Personal Data (as defined by Data Protection Legislation) that Vodafone holds about you. If you wish to avail of this right, please submit a written request to: Data Protection Team, Customer Care, Vodafone Ireland Limited, Mountainview, Leopardstown, Dublin 18. 

73.   Vodafone, shall as part of any dispute resolution process,  between itself and you, disclose such information as it deems reasonable and necessary, to the arbitrator/ mediator in confidence.

74.   Vodafone may disclose Personal Data to third parties or other members of the Vodafone Group: (i) for the purposes of providing the Services; (ii) if required by Data Protection Law, court order, the Data Protection Commissioner or any other statutory body or agency; or (iii) to third parties lawfully sub-processing for Vodafone to deliver the Service. 

Charges and payment

75.   Vodafone keeps an up to date set of details of prices  and tariffs available on the Vodafone website at  vodafone.ie/home-phone-broadband/ from where up-todate 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 tariffs from time to time and shall notify customers of such changes in accordance with Clause 5 of these terms.

76.   Vodafone shall provide an online bill to you as default  for the Service every month. You agree to provide a valid email address for the purpose of online billing. If you request a paper copy of the bill or are provided with a paper copy because a valid email address was not given  for online billing a paper bill will be provided free of charge. If you request a hard copy of a previous bill,  a fee may be charged.

77.   All Charges and other payments due to Vodafone shall be paid in full by you by the due date for payment set out in Vodafone invoice. Where payment of the Charges is not made by the due date, Vodafone may apply a once-off late payment fee as set out in the Tariff Sheet. Vodafone reserves the right to contact you directly through the Services, by email, by post, or by telephone in relation  to overdue payments. 

78.   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 Tariff Sheet for each occasion a Direct Debit payment fails provided the failure is not caused by Vodafone.

79.   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.

80.   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 (vodafone.ie/aboutus/code/custcare/), 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. 

81.   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.

82.   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.

83.   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.

Contract term

84.   The minimum term of this Agreement (the “Minimum Term”) is outlined on the Customer Application Form, and following the expiry of the Minimum Term, the Agreement converts to a rolling one month contract thereafter.

85.   In the event that you upgrade/downgrade from one 

Service as specified on your Customer Application Form to another Service or Tariff option, 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. 

86.   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.

Termination

87.   Neither party may terminate the Agreement during any applicable Minimum Term. Should you terminate this Agreement during the Minimum Term, you shall provide Vodafone with thirty (30) days written notice and, in such circumstances; you shall be required to pay any applicable Termination Charges together with any other Charges provided for herein pursuant to Clause 94-96. Notwithstanding the above, in certain circumstances you may be entitled to cancel your order during the cooling off period provided by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 as amended and a Termination Charge will not  be applicable.

88.   After the Minimum Term either party may terminate this Agreement or any of the specific Services on giving the other thirty (30) days’ written notice.

89.   You shall be entitled to terminate this Agreement by writing to us if we don’t do something fundamental that we should have done under this Agreement, within thirty (30) days of you asking us in writing to do so. 

90.   Vodafone shall be entitled to terminate this Agreement and cease providing the Services forthwith without  notice if: 

a.        you are in material breach of this Agreement (including non-payment of the Charges as set out  in this Agreement); 

b.        you are in breach of any term of this Agreement and 

have failed to remedy such breach within thirty (30) days of being notified of such breach; 

c.        any information supplied by you to Vodafone is false 

or misleading;

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 are suspected of involvement with fraud or acts which are of defamatory, offensive, abusive, obscene, menacing, unsuitable or unlawful character in connection with use of the Service; or

f.         you die, become mentally ill or become the subject of bankruptcy or insolvency proceedings in any jurisdiction or have become unable to pay your debts as they fall due.

91.   Vodafone shall be entitled to terminate this Agreement immediately by giving you notice if any event of Force Majeure continues for a period of thirty (30) days or longer.

92.   The termination or suspension of this Agreement or your default hereunder shall not affect the accrued rights and obligations of the parties under the Agreement. Any terms which expressly, or by implication, are intended to survive termination of your Agreement shall continue to bind the parties following such termination.

93.   On termination of the Agreement, all Charges accrued by you together with any Termination Charges shall become immediately due and payable and following termination, the Customer shall continue to pay the Charges accrued during the term of the Agreement or Minimum Term. 

Termination charges

94.   If you exercise your right of cancellation, any monthly Charges paid in advance by you shall not be refunded  on termination of this Agreement for any reason.

95.   Neither party may terminate the Agreement during any applicable Minimum Term other than as provided herein. Should you terminate this Agreement during the Minimum Term, you shall be required to pay any applicable Termination Charges together with any other Charges provided for herein and you hereby authorise Vodafone to debit the Termination Charge from your  bank account.

96.   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 Charge.

Promotions, special offers, third party services and add ons

97. 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).

Customer care & codes of practice 

98.   The Vodafone customer care policies and the Vodafone Code of Practice on Customer Care are set out at vodafone.ie/aboutus/code/. The Customer shall raise  any complaints in relation to the Service using the complaints procedure set out in the Code of Practice.

99.   The Customer shall contact Vodafone Customer Care in the event that it wants to alter any aspect of the Service, including, but without limiting the generality of the foregoing, the addition of a service, changes to a service and changes in the Customer’s premises where the Services are provided.

100.  The various customer support services provided by Vodafone change from time to time but details of the most up to date services, the means of obtaining these services and any associated charges are available at vodafone.ie/helpsupport/contactus/. 

Notice

101.  Vodafone shall send all notices to the Customer:

a.           Via text message to your mobile number as provided on registration and/or

b.           by e-mail to your e-mail address as provided on registration; and/or

c.           in writing to your billing address as provided on registration; and/or 

d.           in writing to the address on your bill (if different to 

the one provided by you provided on registration); and/or 

e.           by placing same on the Vodafone website and/or via national newspapers.

102.  You shall send all notices to the address that appears on the last written correspondence regarding the Services sent by Vodafone to you or such other address as may  be prescribed by Vodafone for the purpose.

103.  Notice given by post or via the Vodafone website shall be deemed served 48 hours after posting or on earlier proof of delivery. Notice given by Vodafone in national newspapers shall be deemed served on the date of publication.

Intellectual property rights

104.  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 license, franchise, title, interest or otherwise in Vodafone or any property of Vodafone, including, without limitation, Vodafone trade names, trademarks, service marks or proprietary information.

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

106.  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.

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

Assignment

108.  This Agreement is personal to you. You shall not, except with Vodafone’s written consent or in accordance with Vodafone’s standard transfer procedures, assign or otherwise transfer the Agreement in whole or in part.

109.  You agree that Vodafone shall be entitled, at its absolute discretion, at any time and from time to time, without notice and without your prior written consent, to assign, sub-contract, novate or otherwise transfer this Agreement or any of their rights and obligations under this Agreement to any third party including but not limited to any other company that controls, is controlled by, or is under common control to Vodafone.

110.  Neither party shall be held in breach of its obligations hereunder (except in relation to obligations to make payments (where applicable for connection or Service Exclusions) 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, regulatory authorities or  other circumstances beyond the control of the parties (“Force Majeure”).

Entire agreement

111.  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.

Waiver

112.  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.

Severability and survival of clauses

113.  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.

114.  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.

Governing law

115.  This Agreement shall be governed by and construed in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish Courts. 

116.  Any reference to any legislative act or provision shall, unless the context otherwise requires, be considered  as a reference to such act or provision as amended,  re-enacted or replaced.

Limitations of broadband voice

117. You acknowledge in relation to the Fixed telephone and broadband services stated above, that PSTN-based services such as monitored alarm, fax and some TV services may not be compatible with the Vodafone service. In the event that you choose to revert from Broadband Voice to PSTN, you acknowledge your original telephone number may no longer be available, due to local exchange capabilities. Please note that Broadband Voice is Voice over IP technology (non-PSTN) and, as such, will have certain limitations compared to traditional PSTN landline service. In particular, as Broadband Voice is powered from the home electricity supply, in the event of a power outage, no calls can be made and access to emergency services is unavailable. A backup battery can be purchased for use in the case of a power cut via our retail stores. Please contact us for further information.

Definations:

Words incorporating the singular shall include the plural and visa versa;

“Access Provider” means the wholesale provider of your telephone line(s) and associated telephone number(s) from which Vodafone rents such line(s) and number(s ) and/  or the circuit reference number (“CRN”) in relation to the fibre telecommunications network through which Vodafone provides you with fixed broadband and ancillary services.

“Agreement” means these Terms together with the Customer Application Form and any Service specific terms and conditions, tariff plans or promotions constituting a legally binding agreement between Vodafone and you.

“Charges” means the charges for the Services, as published in Vodafone’s periodically updated Tariff Sheet (including, but not limited to, connection charges, service options, monthly rental or tariff charges, call charges (which may vary depending on the type of call made), reconnection charges, Termination Charges, Equipment Non-Return Fees and administrative charges) and certain Third Party Services which you may choose to receive; 

“Commencement Date” means the date whereon Vodafone has accepted your Customer Application Form and activated your Service.

“COMREG” means the Commission for Communications Regulation which is the national regulatory authority for the electronic communications market in Ireland;

“Customer” or “you” means the customer who, being an individual enters into this Contract by completing and signing the Customer Application Form or who, being an organisation, enters into this Agreement by virtue of the completion and signing of the Customer Application Form by an authorised signatory;

“Customer Information” means 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 e-mail, website or otherwise, using the Services;

“Customer Application Form” or “CAF” means 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;

“Data Protection Legislation” means the Data Protection Acts 1988 and 2003 and any amendment, replacement or supplement thereto, from time to time;

“Equipment” means any Vodafone supplied or Third Party Equipment as required for the supply and use of the Services and provided to you by Vodafone for such purposes;

“Equipment Non-Return Fee” means the fee or charge payable by you in relation to any Equipment, which is not returned upon request from Vodafone in accordance with these Terms, as set out in the “Other Charges” section of the Vodafone website;

“Fixed” the word fixed when used in conjunction with a service means services which are associated with a specified address or location;

“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” means the minimum period for the supply of the Services, such period to be as specified on the Customer Application Form or as specified in the service specific terms and conditions commencing on the commencement date unless otherwise agreed between the parties;

“Services” means the Vodafone Fixed telephone and broadband services.

“Tariff Sheet” means the Vodafone Home Phone, Broadband and TV charges and pricing guide as may be amended by Vodafone from time to time in accordance with these Terms and which is available at vodafone.ie/home-phonebroadband/charges/.

“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 as specified in the Tariff Sheet.

“Third Party Equipment” means any equipment of a third party which is supplied by Vodafone as part of the Services as set out in these Terms;

“Third Party Service” means any service promoted or provided by third parties to you using the Services.

“Vodafone” means Vodafone Ireland Limited, MountainView, Leopardstown, Dublin 18;

“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” means 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.

“Vodafone Network” means the electronic communications systems used by Vodafone and the Access Providers to offer the Services. 

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

Our registered office is at: Vodafone Ireland Limited, MountainView, Leopardstown, Dublin 18.

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.