Legacy Vodafone Home

Vodafone Broadband Voice Terms

Validity: from 31^st August 2018, for new or upgrading customers

The following terms and conditions relate to the Vodafone Broadband Voice service (the "BB Voice Service") and apply in addition to and form part of the General Terms and Conditions of the Vodafone Fixed Telecommunications and Broadband Services available on www.vodafone.ie/terms/fixed/ and any additional Service specific terms and conditions which you have signed up to . For the avoidance of doubt the below terms will form part of and apply in addition to each participating customer’s terms and conditions of their Vodafone service. In the event of any conflict between the terms, the order of precedence shall be as follows; the terms and conditions set out below first, followed by any additional Service specific terms and conditions you have signed up to and finally the General Terms and Conditions of the Vodafone Fixed Telecommunications and Broadband Services.

The General Terms and Conditions of the Vodafone Fixed Telecommunications and Broadband Service and the definitions therein shall apply. In addition the following words shall have the following meanings:

Definitions

·         Agreement - means the General Terms and Conditions of the Vodafone Fixed Telecommunications and Broadband Service, these BB Voice Service terms and conditions, the Tariff Sheet (including Vodafone’s tariffs for the Service) as amended from time to time, and the Customer Application Form (including the Customer authorisation) which together constitute a legally binding agreement between you and Vodafone;

·         Broadband Voice - means the provision of a voice service over internet telephony services accessed by you.

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

·         Messaging Service - means the sending of a SMS message over the Service

·         National Directory Database or NDD - means the record of all subscribers of publicly available telephone services in the State, including those with fixed, personal and mobile numbers, who have not refused to be included in that record;

TERM

1. The BB Voice Service is subject to a twelve (12), eighteen (18) or twenty four (24) month minimum term contract (the "Minimum Term") as outlined on your Customer Application Form. After the expiry of the Minimum Term, the Agreement converts to a rolling one month contract.

2. Either party may terminate this Agreement on the giving of a minimum of thirty (30) days written notice to the other. Where you terminate this Agreement during the Minimum Term, a termination charge will apply as set out in the Tariff Sheet.

3. If you request to add the BB Voice Service to your existing Vodafone account you will be entered into a new twelve (12), eighteen (18) or twenty four (24) month minimum term contract as specified to you by Vodafone for all services associated with that account from the date of the change.

THE SERVICE

1. In order for you to avail of, and receive the Vodafone BB Voice Service, you must ensure that you have a Vodafone broadband connection which has a speed equal to or greater than 100kbps. This is the mandatory minimum broadband requirement necessary in order for you to be able to avail of the Vodafone BB Voice Service.

2. Vodafone shall attempt to make the BB Voice Service available to you at all times. However, Broadband Voice services (including some Vodafone Broadband Voice Services add-ons such as Vodafone-to-Vodafone calling) are dependent on the quality of the customer’s broadband Internet connection. Therefore, the quality of the BB Voice Service cannot be guaranteed in the event of power outages or other unforeseen circumstances beyond the control of Vodafone

3. In respect of the BB Voice Service, Broadband Voice telephone calls are carried in the public domain via Internet connectivity and therefore security of these calls is not guaranteed in the absence of further security measures as advised by Vodafone. Vodafone shall endeavour to use appropriate security measures but accepts no liability with respect to call confidentiality. Vodafone shall act within the provisions of Data Protection Legislation in respect of your information.

4. Vodafone may monitor the use of BB Voice Service for violations of this Agreement. Vodafone may remove or block all communications if Vodafone suspect there has been or shall be a violation of the Agreement, or where Vodafone consider it necessary to protect the BB Voice Service or Vodafone, its affiliates, directors, agents, employees or customers from harm.

5. In relation to the “Broadband and Home Phone” and “Broadband, Home Phone and TV” packages, where your Home Phone service is provided via Broadband Voice, this is Voice Over IP (non PSTN) technology and as such, PSTN based services such as monitored alarm, fax and some TV services may not be compatible with this service. Voice over IP (non PSTN) technology 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 back up battery can be purchased for use in the case of a power cut via our retail stores. Please contact us for further information.

6. In the event that you chose to revert from Broadband Voice to PSTN, you acknowledge your original telephone number may no longer be available due to local exchange capabilities.

CALLS TO EMERGENCY SERVICES

1. Due to the nature of the BB Voice Service it shall not always be possible to accurately determine the exact location of a caller. An up-to-date address is required for BB Voice Service customers as this is required by the Emergency Services for location purposes. CALLERS USING THE BB VOICE SERVICE FOR EMERGENCY CALLS WILL NEED TO INFORM THE OPERATOR OF THEIR PHYSICAL LOCATION.

2. EMERGENCY CALLS TO 112, 911 AND 999 WILL BE DIRECTED TO THE EMERGENCY SERVICES BUT NO GUARANTEE IS MADE ABOUT THE RELIABILITY OF SAME AND YOU SHOULD BE ESPECIALLY AWARE THAT POWER OUTAGES WHICH RENDER COMPUTER EQUIPMENT AND INTERNET CONNECTIVITY NON-FUNCTIONAL SHALL PREVENT THE USE OF THE VODAFONE SERVICE FOR EMERGENCY CALLS. IN THE EVENT OF SUCH AN OUTAGE VODAFONE ADVISE CUSTOMERS TO USE ALTERNATIVE METHODS, SUCH AS MOBILE TELEPHONES, TO ACCESS EMERGENCY SERVICES OR ANY OTHER CONNECTED SERVICES. VODAFONE ALSO ADVISE CUSTOMERS TO PLAN ACCORDINGLY IN ADVANCE.

3. VODAFONE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE SERVICE, INCLUDING 999, 911 OR 112 DIALLING, AT ANY TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY: THIRD-PARTY OMISSION, EQUIPMENT FAILURE, EQUIPMENT MODIFICATION, FORCE MAJEURE, EQUIPMENT SHORTAGE, LOSS OF POWER OR THIRD PARTY FAULTS.

4. There may be a greater possibility of network congestion and/or reduced speed in the routing of calls to emergency services or connected services made utilizing the BB Voice Service as compared to traditional calls to emergency services or connected services dialled over traditional public telephone networks. You should inform any household residents, guests and other third persons who may be present at the physical location where the BB Voice Service is used of the important differences in and limitations of voice services over internet telephony dialling as compared with traditional phone service as it relates to access to emergency services and connected services.

5. Vodafone do not have any control over whether, or the manner in which, calls using the BB Voice Service are answered or addressed by any emergency response centre or connected services provider. Vodafone disclaim all responsibility for the conduct of emergency response centres and connected services providers.

6. Neither Vodafone nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to accessing emergency services or connected services unless such claims or causes of action arose from gross negligence or wilful misconduct by Vodafone.

7. YOU SHALL DEFEND, INDEMNIFY, AND HOLD VODAFONE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO THE CUSTOMER IN CONNECTION THE SERVICE HARMLESS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, LEGAL FEES) BY, OR ON BEHALF OF, THE CUSTOMER OR ANY THIRD PARTY RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE BB VOICE SERVICE, INCLUDING THE INABILITY OF ANY USER OF THE BB VOICE SERVICE TO BE ABLE TO ACCESS EMERGENCY SERVICES OR CONNECTED SERVICES.

VOICEMAIL

1. Voicemail is a value-added service provided to Customer by Vodafone. Voicemails shall be accessible to you on your phone by dialling 171 and following the prompts.

2. Voicemails shall be stored for a maximum of 3 months after which they shall be deleted permanently. You are advised to store your voicemails in email form where you need them for longer than this 3 month period.

3. Where you have not activated your voicemail, you may not be able to access voicemails left in their inbox.

4. You will be able to upload and send your own voicemail greetings using the BB Voice Service. You hereby grant Vodafone and Vodafone’s Agents a royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any voicemail greetings uploaded using the BB Voice Services.

5. Vodafone reserve the right to suspend any voicemail account that not has been accessed for a consecutive period of 5 months without prior consent or notification. A suspended voicemail account may be reactivated by contacting Customer Care services or our online resources. In case of a suspension, Vodafone reserve the right to delete the content of a voicemail account at the time of suspension, including any greetings and any saved voicemails.

6. In case a suspended account remains suspended for an additional consecutive period of one (1) month, Vodafone reserves the right to terminate the voicemail account.

EQUIPMENT AND THE NUMBER

1. If you accept the BB Voice Service, Vodafone will allocate a number to your line. The telephone number and any rights in the number belong to Vodafone, subject to the PORTING clauses; you may not sell or agree to transfer the number to any person. For the avoidance of doubt, you shall not own the number allocated to him/her.

2. Vodafone are entitled to change your telephone number or code number or the specification of the BB Voice Service for operational reasons but will always endeavour to advise you of this by giving at least 30 days’ prior notice.

3. Numbers shall be de-allocated from your account where there is cancellation or lapse of the account.

4. Irish geographic numbers allocated to you which are subsequently de-allocated upon cancellation or lapse of your account, shall be quarantined for 13 months during which time they shall be available for you should you decide to reopen your account. Upon expiration of the thirteen (13) month quarantine period, these numbers shall be removed permanently and shall be unavailable for recovery by you.

5. Vodafone does not offer support of any hardware other than approved devices purchased from Vodafone. Where hardware purchased directly from Vodafone is suspected to be faulty, and on the instruction of the Vodafone customer care team, the customer may return the item at their own expense to Vodafone within 30 days of receipt. Vodafone recommend it be returned by registered post or similar tracked delivery. Items lost or damaged while being returned to Vodafone are the responsibility of the customer.

6. You are advised that where, in exceptional circumstances, a government authority orders the reallocation or change of a phone number, Vodafone is permitted to change your phone number for the BB Voice Service.

FAIR USAGE

1. The BB Voice Service is for normal residential use, including any unlimited calling plans

2. The use of the BB Voice Service for telemarketing and the use of auto-diallers in connection with the BB Voice Service is strictly prohibited.

3. Vodafone can suspend or terminate the BB Voice Service if Vodafone determine, in our sole discretion that the number of calls or charges for calls made by you indicate that the Services are not being used in a manner consistent with normal residential usage or that you are otherwise in violation of this Agreement. Vodafone will make reasonable efforts to contact you before suspending or terminating the BB Voice Service but Vodafone are not liable for any loss you may suffer through any suspension covered by this condition.

4. For the avoidance of doubt the fair usage limits per month are as follows: —

1.  5,000 local and national call minutes from your landline to another Irish landlines; and

2.  1,500 call minutes from your landline to an Irish mobiles, where applicable

5. Exceeding these Fair Usage limits may result in charges being incurred. All usage outside of or exceeding the limits of a Call Plan shall be charged at standard rates viewable at www.vodafone.ie/shop/broadband/charges.html.

CALL PLANS AND CHARGES

1. All Charges and other payments due to Vodafone shall be paid in full by you by the due date for payment set out in the 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 by email, by post or by telephone in relation to overdue payments.

2. You will be liable for any and all charges for calls or usage made from or by a device to your account or on their network while using the BB Voice Service.

3. Calls to premium rate numbers (including but not limited to 15XX prefixed numbers) and other 'special numbers' such as directory enquiries and non-geographic numbers (including but not limited to 18XX prefixed numbers - see the Tariff Sheet for details) are excluded from your monthly allowance.

4. Terms and conditions relating to specific add-on tariffs as may be amended from time to time shall be available on www.vodafone.ie

5. You may change from your current tariff plan to another tariff plan upon giving a minimum of thirty (30) days’ notice of intention to change and only after the conclusion of the minimum term, and upon paying the downgrade fee as set out in the Tariff Sheet, unless specified otherwise by Vodafone, and where, at the time of requesting or effecting the change, you do not have unpaid amounts owing.

6. In the event that payments are overdue, Vodafone reserves the right to suspend or disconnect the BB Voice Service and/or other telecommunications services, including fixed line services, supplied by Vodafone to you.

7. Tariff plans shall be of minimum of 18 months’ duration for the BB Voice Service; and may be of longer duration as agreed by you via the signed Customer Application Form or other written/oral agreement.

PORTING

1. Porting enables you to retain your previous phone number when you move to another network operator or telecoms provider.

2. By completing the Customer Application Form, where porting is requested, you warrant and represent that you accept the terms contained therein, have provided accurate information and that you are the person authorised to instruct Vodafone to port the number.

3. You acknowledge that:

1.  the request will terminate service with the existing telephony provider;

2.  only the number specified will be moved;

3.  it shall be your responsibility to ensure that you give sufficient notice of termination of any agreement with any previous service provider, subject to the terms and conditions of that agreement;

4.  it shall be your responsibility to ensure that all information provided in the Customer Application Form is complete and correct. The port request may be rejected if any information provided is inaccurate, incomplete or misleading;

5.  the services provided by the previous service provider to you, including, without limitation, unused call credit or benefits, tariffs, terms and conditions of use and call management services that applied to your service will not be transferable or transferred to your Vodafone services;

6.  contractual and other obligations, charges and costs due to the previous service provider will remain due and owing and shall be subject to settlement by you with the previous service provider in accordance with the terms and conditions applying to the provision of that service; and, in the case of telephony numbers, the previous service provider may decline to proceed with the port in the event that there is a debt on the account i.e. account is barred or suspended; and

4. The process will be deemed to commence on the date of signing and submission of the Customer Application Form and it may not be possible to reverse the process once it has started.

5. Where the signatory is not the person legally entitled to request Vodafone to move the number or a person or entity authorised to complete the Customer Application Form, or if fraudulent or misleading information is supplied, then the signatory will be personally liable for all or any loss or damage arising from the unauthorised transfer of the number.

6. Vodafone may refuse to process your instructions if:

1.  information provided by you is incorrect or misleading;

2.  The information provided in relation to the number is not compatible with information held by the previous service provider;

3.  Vodafone shall endeavour to comply with criteria established by COMREG in respect of number porting but does not warrant or represent that the number port will be completed within a particular timeframe. There may be a period where no services are available, from either the previous service provider or from Vodafone.

4.  Vodafone will not be liable or responsible for making good any loss, damage, costs or expenses or other liability whether incurred directly, indirectly or as a consequence of the unavailability of the BB Voice Service.

7. In respect of a 'port out' request where you wish to move your number from Vodafone to another provider, you are requested to ensure that there are no payments outstanding on their account before they arrange for a port out request to be submitted in respect of any number.

DIRECTORY ENQUIRES

1. Vodafone does not provide a telephone directory service. Vodafone may make your name, address and telephone number available to the emergency services and to any other licensed public telecommunications operators for the purpose of telephone directories and a public directory enquires service. You must notify us, in writing, should you wish any such information to be withheld or if you wish to opt out of the National Directory Database (NDD) and if this is your wish then we shall only disclose such information if and to the extent that we are legally required to do so.

2. Third parties are allowed to use the NDD for direct marketing. Upon your request Vodafone can request the operator of the NDD to place an indicator next to your NDD entry advising third parties that you do not wish for their details to be used for this purpose.

3. Vodafone do not accept any liability whatsoever for a failure by any other operator to whom Vodafone provide such information to comply with any listing request that you may make to Vodafone or to that operator.

LIMITATIONS OF BROADBAND VOICE

In relation to the “Broadband and Home Phone” and “Broadband, Home Phone and TV” packages, 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 chose 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 back up battery can be purchased for use in the case of a power cut via our retail stores. Please contact us for further information.

Vodafone Fixed Telecommunications and Broadband General Terms

From March 7th 2019 New Vodafone Home customers can sign up to any combination of Vodafone Home products for €30 a month for the first 6 months. Price after 6 months’ promotional period varies, depending on geographical location and on the home package chosen. Subject to 12-month contract. This offer is subject to availability at your geographical location, as identified by Vodafone. Offer ends 30 April 2019. A once-off installation fee may apply, depending on geographical location. Speeds based on maximum attainable download speed, subject to network coverage, customer device capability and service usage. Minimum Vodafone Broadband connection fixed speed of 5Mbps required for Simply Fibre Broadband, minimum of 20Mbps required for Vodafone TV and minimum of 28Mbps required for Wireless Multiroom. Fair usage policies apply. For full terms and conditions, please see vodafone.ie

From January 2^nd2019New Vodafone Home customers can sign up to any combination of Vodafone Home products for €25 a month for the first 6 months. Price after 6 months’ promotional period varies, depending on geographical location and on the home package chosen. Subject to 12-month contract. This offer is subject to availability at your geographical location, as identified by Vodafone. Offer ends 28 February 2019. A once-off installation fee may apply, depending on geographical location. Speeds based on maximum attainable download speed, subject to network coverage, customer device capability and service usage. Minimum Vodafone Broadband connection fixed speed of 5Mbps required for Simply Fibre Broadband, minimum of 20Mbps required for Vodafone TV and minimum of 28Mbps required for Wireless Multiroom. Fair usage policies apply. For full terms and conditions, please see vodafone.ie

From October 15th 2018 New Vodafone Home customers can sign up to any combination of Vodafone Home products for €25 a month for the first 6 months. Existing Vodafone Home customers can upgrade to Gigabit Broadband and/or Vodafone TV to avail of this offer. Price after 6 months’ promotional period varies depending on the home package chosen. Subject to 18-month contract. This offer is subject to availability at your geographical location as identified by Vodafone. Offers end 30 November 2018. A once-off installation fee may apply, depending on geographical location. Speeds based on maximum attainable download speed subject to network coverage, customer device capability and service usage. Minimum Vodafone Broadband connection fixed speed of 5Mbps required for Simply Fibre Broadband, minimum of 20Mbps required for Vodafone TV and minimum of 28Mbps required for Wireless Multiroom. Fair usage policies apply. For full terms and conditions, please see vodafone.ie

From 2nd July 2018 new Vodafone Home customers can sign up to any combination of Vodafone Home products for €40 a month for the first 6 months. Existing Vodafone Home customers can upgrade to Vodafone TV to avail of this offer. Subject to 18- month contract. Price after 6 months’ promotional period varies depending on package chosen. Gigabit Broadband Experience 1000 customers can sign up to Vodafone Gigabit Broadband speeds of up to 1GB for an introductory offer of €25 a month for the first 6 months. Subject to 18-month contract. Customer will receive up to 1GB speeds for 18 months. Gigabit Broadband Experience 1000 price based on promotional price and thereafter price of the Gigabit 150 product at time of sign up. Customers who currently have Gigabit Broadband are not eligible for the offer. Once out of contract the customer will be defaulted to 150mbps product and its corresponding price at the time. Offers ends 31 August 2019. Speeds based on maximum attainable download speed subject to network coverage, customer device capability and service usage. Minimum Vodafone Broadband connection fixed speed of 5Mbps required for Simply Broadband, minimum of 20Mbps required for Vodafone TV and minimum of 28Mbps required for Wireless Multiroom. Fair usage policies apply. For full terms and conditions, please see vodafone.ie

From 1st May 2018 new Vodafone Home customers can sign up to any combination of Vodafone Home products for €25 a month for the first 6 months. Existing Vodafone Home customers can upgrade to Gigabit Broadband and/or Vodafone TV to avail of this offer. Subject to 18-month contract. Price after 6 months promotional period varies depending on package chosen. On expiry of the contract, ‘Gigabit Broadband Experience 1000’ customers will be defaulted to 150Mbps product and its corresponding price at the time. Offer ends 30 June 2018. Speeds based on maximum attainable download speed subject to network coverage, customer device capability and service usage. Minimum Vodafone Broadband connection fixed speed of 20Mbps required for Vodafone TV and minimum of 28Mbps required for Wireless Multiroom. Fair usage policies apply. For full terms and conditions, please see vodafone.ie

From 2nd January 2018 new Vodafone Home customers can sign up to any combination of Vodafone home products for an introductory offer of  €25 a month for the first 6 months excluding Vodafone Talk. Offer is valid until February 28th 2018 exclusively to new customers to Vodafone Home. Subject to 18-month contract. Price after 6 months promotional period varies depending on package chosen. Simply Broadband speeds up to 100Mbps & Gigabit Broadband speeds up to 1000Mbps available where Vodafone have fibre connections. Speeds are based on maximum attainable download speed subject to network coverage, customer device capability and service usage. Minimum Vodafone broadband connection fixed speed of 20Mbps required for Vodafone TV, min of 28Mbps required for Wireless Multiroom. Fair usage policies apply. Full  terms and conditions please see vodafone.ie

From 30th June 2017 new Vodafone Home customers can sign up to any combination of Vodafone home products for an introductory offer of €40 a month for the first 6 months.

Existing Vodafone Home customers can also upgrade to our Gigabit Broadband and/or Vodafone TV to avail of this €40 a month for the first 6 months offer. Subject to 18-month contract. Price after 6 months promotional period varies depending on package chosen. Simply Broadband speeds up to 100Mbps and Gigabit Broadband speeds up to 1000Mbps available where Vodafone have relevant fibre connections.

Speeds are based on maximum attainable download speed subject to network coverage, customer device capability and service usage. Minimum Vodafone broadband connection fixed speed of 28Mbps required for Vodafone TV. Fair usage policies apply. Full terms and conditions please see vodafone.ie

Validity: From 20th January 2016, for new or upgrading customers

The following general terms and conditions (the “Terms”) shall apply to all Vodafone Fixed telephone, broadband and TV services (the “Services”). When signing up to the Services from Vodafone Ireland Limited (a company registered in Ireland having its registered address at MountainView, Leopardstown, Dublin 18, Ireland) (“Vodafone”) you will be required to accept the Terms as well as any Service-specific terms and conditions which relate specifically to the Services chosen by the Customer.

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.     you 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 CONSENT 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 third-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.      Broadband Speeds: Your broadband speeds will vary depending on the type of broadband available in your area and the Internet access product you have chosen. Vodafone will often rely on our wholesale network providers in providing you with information on broadband speeds and if we cannot provide you with specific information at point of sale (i.e. in our retail store, over the phone or online) we will communicate your speed as soon as possible after you have connected to the Services.

Fibre to the home: If you can connect by fibre to your home then the maximum download speed on your access line will be confirmed in advance of connection to the Services. The table below also sets out details on Fibre access speeds.

Other Broadband Services: If you are connecting to any other broadband Service then we will confirm your download broadband speed once your line is connected and we have tested the line.  We will provide you with an estimate of the download speed available on your access line before you agree to connect to the Services.  We will then confirm your maximum download speed by text message, or using alternative contact details you provide, within two to three weeks of connection to the Services.  The maximum download speed is the speed that we are realistically able to deliver and it will be specific to your access line.  Please note your access line speed is different to the throughput rate you experience on your device.  The throughput rate depends on factors such as whether you are using Wi-Fi or cables to connect devices in your home, the number of devices connected, the speed those devices run at and the capacity of the host provider of the content you are accessing.

You may not achieve the maximum download speed when the internet is busy at peak usage times. For this reason we provide a normally available speed.  The table below includes the normally available speed, which we express as a percentage of your maximum speed and should be available to you over 95% of the whole day.  The minimum download speed available is 2Mbps

Vodafone Broadband Service Speed Information:

Fibre to the Home Broadband Services

• Your broadband line can realistically deliver the speed that is advertised and Vodafone will commit to delivering maximum and normally available download speeds above 90% of advertised speed.  i.e for 1Gbps service the maximum committed and normally available speed above 900Mbps.

Broadband Services with a maximum speed of 15Mbps - 100Mbps

• The normally available download speed for all customers should be above 90% of the maximum download speed that is measured on your line after it has been connected to the Vodafone broadband service (i.e. for a line with maximum of 60Mbps normally available speed would be 54Mbps or more).

Broadband Services with a maximum speed below 15Mbps

• The normally available download speed for all customers should be above 70% of the maximum download speed that is measured on your line after it has been connected to the Vodafone broadband service (i.e. for a line with maximum of 10Mbps normally available speed would be7Mbps).

Upload Speeds: Our fibre to the home broadband services will generally have a maximum upload speed of between 20 and 200 Mbps and a minimum of 1Mbps and our other broadband services will have a maximum upload speed of 1.1Mbps and a minimum of 128Kb.

Contacting us regarding speeds: If you experience any continuous issue or regularly recurring difference with the speed communicated for your access line then please contact us and Vodafone will attempt to diagnose and resolve your issue.   We will endeavour to resolve any issues on your access line as soon as possible and in any case within 28 days.  Please note we will often rely on our wholesale network operator to troubleshoot and diagnose access line issues. Any complaints will be managed in accordance with our Code of Practice on Customer Care as set out at www.vodafone.ie/aboutus/code.html.  If, having gone through our assurance process,  it is not possible for Vodafone to remedy a situation where you are not achieving the speeds that we have communicated then you may select an alternative Service, we may offer a discount or you may choose to terminate your Service without penalty.

27.      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  error-free  or  that  the  Services  will  support  or  be compatible with any applications or other services which the Customer uses in conjunction  with  the Services.

28.      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.

29.      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.

30.      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.

31.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

32.      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

33.      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.

34.      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.

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

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

37.      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 34.

38.      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.

39.      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

40.      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).

41.      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.

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

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

b.    for 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 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.     for 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.

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

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

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

47.      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.

48.      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

49.      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.

50.      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.

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

52.      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.

53.      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.

54.      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.

55.      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.

56.      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.

57.      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.

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

LIMITATION  OF LIABILITY

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

60.      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.

61.      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.

62.      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.

63.      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.

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

the failure of the Services or Equipment due to the incompatibility of the Services with any equipment not supplied by Vodafone;

the acts and omissions of other telecommunication operators (including the Access  Provider); or

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.

65.      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.

66.      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.

67.      These Clauses 58-66 (LIMITATION OF LIABILITY) shall continue to apply

notwithstanding termination of this Agreement for any reason whatsoever or howsoever  arising.

DATA PROTECTION: HOW WE MAY USE YOUR INFORMATION AND PERSONAL DETAILS

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

69.      We will comply with all of our legal obligations without limitation under the Data Protection Legislation. We will collect and process personal data for legitimate business purposes that are connected with the delivery of the Services to you as set out in our Privacy Statement. By entering this Agreement, you acknowledge that your personal data will be used for the legitimate business purposes of Vodafone as set out in the Privacy Statement and which may include the following:

a.     processing your application,

b.     conducting credit and anti-money laundering checks,

c.     supplying you with our products or Services,

d.     administering your account,

e.     calculating usage, charges and invoicing,

f.      customer services and the efficient management of call and traffic data. monitoring and recording calls to or from our Customer Care support service for training and quality purposes,

g.     Customer record purposes and in order to track reported problems;

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

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

j.       to review aggregate usage behaviour on the network and billing history for pricing, statistical and Customer service purposes.

70.      The use of your information for purposes other than those outlined in this Agreement will be subject to your consent as given in your Customer Acceptance Form and your authorisation. If you wish to change your marketing preferences or advance data preferences at any time, please do so by contacting us at 1800 200 234 or log onto www.vodafone.ie.

71.      Personal data will be retained for a reasonable period in a secure environment in accordance with our legislative obligations under the Data Protection Legislation.

72.      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 as described in our Privacy Statement.

73.      Vodafone will respect your rights (as defined by Data Protection Legislation). If you wish to exercise your rights, please visit www.vodafone.ie/privacy or contact us

74.      Vodafone, will as part of any dispute resolution process, between itself and you, disclose such personal data as it deems reasonable and necessary, to the arbitrator/mediator in confidence.

75.      We may in certain limited circumstances disclose certain information regarding the accounts of Customers who are under the age of 18 years to the parents or guardians of such Customers who have registered with us for this purpose and who comply with the verification procedures specified by us. However, we may at our absolute discretion refuse to disclose any such information to any person in the event that we are not satisfied that the person requesting the information is the person who has registered with Vodafone for this purpose. If you are not registered with us, we shall not provide you with any statements in relation to your account or records of calls made or received in the normal course of the Service.

CHARGES  AND PAYMENT

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

77.      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.

78.      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.

79.      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.

80.      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.

81.      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 (www.vodafone.ie/ aboutus/code/customers),  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.

82.      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.

83.      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.

84.      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.

85.      I understand that by entering this Agreement, I am agreeing that if I do not pay my full bill on time so I have overdue payments over a certain amount, my information may be shared with Credit Insights so operators can check this information when

I apply for their services in future. I understand that extra information on this is available on Vodafone’s website. Where you do not pay your bill in full and on time, if the overdue payment is over a certain amount, your information may be shared with Credit Insights. Credit Insights member operators can check this information when   you apply for their services in future to help those operators assess your application. This  information  will  include  name,  address,  date  of  birth,  account  and  arrears details. This information will be held by a service provider to Credit Insights that may keep this information for 6 years from your last activity relating to your debt.

CONTRACT TERM

86.      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.

87.      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.

88.      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

89.      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 95-97. 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.

90.      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.

91.      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.

92.      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 Services; 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.

93.       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.

94.       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.

95.       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

96.       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.

97.       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.

98.       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

99.       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 AND CODES OF PRACTICE

100.   The Vodafone customer care policies and the Vodafone Code of Practice on  Customer  Care  are  set  out  at  www.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.

101.   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.

102.   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 www.vodafone.ie/help/ contact-us

NOTICE

103.   Vodafone shall send all notices to the Customer:

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

b.    by email to your email 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 on registration);  and/or

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

104.   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.

105. 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

106.   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.

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

108.   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.

109.    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

110.    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.

111.    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.

FORCE MAJEURE

112.    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

113.    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

114.    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

115.   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.

116.   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

117.   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.

118.   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.

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

DEFINITIONS

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,

TV Service Downgrade Fee 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 email, 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, online or via other means) shall be as specified     by Vodafone from time to  time;

“Data Protection Legislation” - means 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 2003, any other relevant data protection and privacy law 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

www.vodafone.ie/shop/broadband/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 Provider(s) to offer the Services.

Website – www.vodafone.ie or any such 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.

Validity: From October 2019, for new or upgrading customers

The following general terms and conditions (the “Terms”) shall apply to all Vodafone Fixed telephone, broadband and TV services (the “Services”). When signing up to the Services from Vodafone Ireland Limited (a company registered in Ireland having its registered address at MountainView, Leopardstown, Dublin 18, Ireland) (“Vodafone”) you will be required to accept the Terms as well as any Service specific terms and conditions which relate specifically to the Services chosen by the Customer.

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 here with.

7. Connection to the Services shall be conditional on:

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

   you providing valid proof of identity/address and such evidence of residency in Ireland as Vodafone may require;

   you being over eighteen (18) years of age (if personal application); and

   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 twelve 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.

Broadband Speeds:

Your broadband speeds will vary depending on the type of broadband available in your area and the Internet access product you have chosen. Vodafone will often rely on our wholesale network providers in providing you with information on broadband speeds and if we cannot provide you with specific information at point of sale (i.e. in our retail store, over the phone or online) we will communicate your speed as soon as possible after you have connected to the Services.

Fibre to the home:

If you can connect by fibre to your home then the maximum download speed on your access line will be confirmed in advance of connection to the Services. The table below also sets out details on Fibre access speeds.

Other Broadband Services:

If you are connecting to any other broadband Service then we will confirm your download broadband speed once your line is connected and we have tested the line.  We will provide you with an estimate of the download speed available on your access line before you agree to connect to the Services.  We will then confirm your maximum download speed by text message, or using alternative contact details you provide, within two to three weeks of connection to the Services.  The maximum download speed is the speed that we are realistically able to deliver and it will be specific to your access line.  Please note your access line speed is different to the throughput rate you experience on your device.  The throughput rate depends on factors such as whether you are using Wi-Fi or cables to connect devices in your home, the number of devices connected, the speed those devices run at and the capacity of the host provider of the content you are accessing.

You may not achieve the maximum download speed when the internet is busy at peak usage times. For this reason we provide a normally available speed.  The table below includes the normally available speed, which we express as a percentage of your maximum speed and should be available to you over 95% of the whole day.  The minimum download speed available is 2Mbps

Vodafone Broadband Service Speed Information:

Fibre to the Home Broadband Services

• Your broadband line can realistically deliver the speed that is advertised and Vodafone will commit to delivering maximum and normally available download speeds above 90% of advertised speed.  i.e for 1Gbps service the maximum committed and normally available speed above 900Mbps.

Broadband Services with a maximum speed of 15Mbps - 100Mbps

• The normally available download speed for all customers should be above 90% of the maximum download speed that is measured on your line after it has been connected to the Vodafone broadband service (i.e. for a line with maximum of 60Mbps normally available speed would be 54Mbps or more).

Broadband Services with a maximum speed below 15Mbps

• The normally available download speed for all customers should be above 70% of the maximum download speed that is measured on your line after it has been connected to the Vodafone broadband service (i.e. for a line with maximum of 10Mbps normally available speed would be7Mbps).

Upload Speeds:

Our fibre to the home broadband services will generally have a maximum upload speed of between 20 and 200 Mbps and a minimum of 1Mbps and our other broadband services will have a maximum upload speed of 1.1Mbps and a minimum of 128Kb.

Contacting us regarding speeds: 

If you experience any continuous issue or regularly recurring difference with the speed communicated for your access line then please contact us and Vodafone will attempt to diagnose and resolve your issue.   We will endeavour to resolve any issues on your access line as soon as possible and in any case within 28 days.  Please note we will often rely on our wholesale network operator to troubleshoot and diagnose access line issues. Any complaints will be managed in accordance with our Code of Practice on Customer Care as set out at www.vodafone.ie/aboutus/code.html.  If, having gone through our assurance process,  it is not possible for Vodafone to remedy a situation where you are not achieving the speeds that we have communicated then you may select an alternative Service, we may offer a discount or you may choose to terminate your Service without penalty.

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 error-free 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

Update May 2020: The below clause 31 is no longer applicable to all Vodafone Services. A fair use policy applies to our Broadband Voice and PSTN services only and further information on this policy is set out in the relevant service terms available at www.vodafone.ie/terms.Please note you must not use the Services for commercial or fraudulent purposes. If Vodafone is of the opinion that your usage is contrary to these principles; for example if your usage is excessive to the extent that it is negatively impacting the Vodafone Network, or if your usage constitutes commercial or fraudulent use or is in breach of the law; Vodafone reserves the right to charge customers who continue in using the service where such usage has been deemed excessive, or to suspend, at its absolute discretion, modify or restrict use of the service or to disconnect you from the Vodafone network. We will attempt to contact you if we need to suspend or disconnect your service but we are not liable for any loss you may suffer through any suspension or disconnection covered by this clause. Any usage over the threshold will be charged at standard rates; viewable at www.vodafone.ie/rates.

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

    b. for 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. for 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:

    the failure of the Services or Equipment due to the incompatibility of the Services with any equipment not supplied by Vodafone;

    the acts and omissions of other telecommunication operators (including the Access Provider); or

    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.

DATA PROTECTION: HOW WE MAY USE YOUR INFORMATION AND PERSONAL DETAILS 

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

68. We will comply with all of our legal obligations without limitation under the Data Protection Legislation. We will collect and process personal data for legitimate business purposes that are connected with the delivery of the Services to you as set out in our Privacy Statement. By entering this Agreement, you acknowledge that your personal data will be used for the legitimate business purposes of Vodafone as set out in the Privacy Statement and which may include the following:

    1. processing your application, 
    2. conducting credit and anti-money laundering checks, 
    3. supplying you with our products or Services, 
    4. administering your account, 
    5. calculating usage, charges and invoicing, 
    6. customer services and the efficient management of call and traffic data. monitoring and recording calls to or from our Customer Care support service for training and quality purposes, 
    7. Customer record purposes and in order to track reported problems;
    8. to prevent, detect and investigate fraud or any other criminal activity;
    9. to investigate improper use of the Services or the Network; or
    10. to review aggregate usage behaviour on the network and billing history for pricing, statistical and Customer service purposes.

69. The use of your information for purposes other than those outlined in this Agreement will be subject to your consent as given in your Customer Acceptance Form and your authorisation. If you wish to change your marketing preferences or advance data preferences at any time, please do so by contacting us at 1800 200 234 or log onto www.vodafone.ie.

70. Personal data will be retained for a reasonable period in a secure environment in accordance with our legislative obligations under the Data Protection Legislation.

71. 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 as described in our Privacy Statement. 

72. Vodafone will respect your rights (as defined by Data Protection Legislation). If you wish to exercise your rights, please visit www.vodafone.ie/privacy or contact us.

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

74. We may in certain limited circumstances disclose certain information regarding the accounts of Customers who are under the age of 18 years to the parents or guardians of such Customers who have registered with us for this purpose and who comply with the verification procedures specified by us. However, we may at our absolute discretion refuse to disclose any such information to any person in the event that we are not satisfied that the person requesting the information is the person who has registered with Vodafone for this purpose.

75. If you are not registered with us, we shall not provide you with any statements in relation to your account or records of calls made or received in the normal course of the Service.

CHARGES AND PAYMENT

76.  Vodafone keeps an up to date set of details of prices and tariffs available on the Vodafone website at www.vodafone.ie/shop/broadband/charges.html 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 tariffs from time to time and shall notify customers of such changes in accordance with Clause 5 of these terms.

77.  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.

78.  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.

79.  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.

80.  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.

81.  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 (http://www.vodafone.ie/aboutus/code/customers.html), 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.

82.  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.

83.  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.

84.  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

85.  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.

86.  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.

87.  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

88.  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 or call 1907 to speak with our Customer Options Team 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.

89.  After the Minimum Term either party may terminate this Agreement or any of the specific Services. This may be done by you, the customer, providing Vodafone with thirty (30) days written notice or call 1907 to speak with our Customer Options Team or by Vodafone giving the customer thirty (30) days written notice.

90.  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

91.  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.

92.  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.

93.  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.

94.  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

95.  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.

96.  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.

97.  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

98.  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

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

100.  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.

101.  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 www.vodafone.ie/help/contact-us/.

NOTICE

102.  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/

    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.

103.  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.

104.  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

105.  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.

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

107.  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.

108.  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

109.  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.

110.  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.

FORCE MAJEURE

111.  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

112.  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

113  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

114.  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.

115.  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

116.  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.

117.  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.

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

Definitions

• 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, TV Service Downgrade Fee  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 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 2003, any other relevant data protection and privacy law 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 www.vodafone.ie/shop/broadband/charges.html.
• 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 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.

Validity: From 14 October 2019, for new and upgrading customers.

The following terms and conditions relate to the Vodafone fibre to the building broadband service and apply in addition to and form part of the General Terms and Conditions of Vodafone Fixed Telecommunications and Broadband Services. For the avoidance of doubt the below terms will form part of and apply in addition to each participating customer’s terms and conditions of their Vodafone Service. In the event of any conflict between the terms, the order of precedence shall be as follows; the terms and conditions set out below first, followed by the General Terms and Conditions of the Vodafone Fixed Telecommunications and Broadband Services.

               Term

1. The Fibre Broadband Service is subject to a twelve (12) month minimum term contract (the "Minimum Term") as outlined on your Customer Application Form. After the expiry of the Minimum Term, the Agreement converts to a rolling one month contract. 
2. Either party may terminate this Agreement on the giving of a minimum of thirty (30) days written notice to the other. Where you terminate this Agreement during the Minimum Term, a termination charge will apply as set out in the Tariff Sheet.
3. If you request to add an additional Service to your existing Vodafone account (e.g Broadband Voice or Vodafone TV etc.) you will be entered into a new twelve (12) minimum term contract as specified to you by Vodafone for all services associated with that account from the date of the change.
   
   The Service
   
   
4. Vodafone may need to access your modem remotely in order to gather diagnostic information about reported issues and to fix any customer issues using firmware upgrades or configuration changes. You agree that Vodafone may carry out such access as is necessary by Vodafone to ensure stability of service.
5. From time to time, Vodafone will carry out firmware upgrades or configuration changes to your modem in order to improve the customer experience. Where possible, Vodafone will provide you with advance notice of such upgrades or changes. However, it will not always be possible to provide such notice and you acknowledge that Vodafone may carry out such upgrades or changes without providing any advance notice to you, in certain circumstances.
6. You may be able to use the Fibre Broadband Service: a) to upload, email or transmit content; and b) to access content which is branded or provided by others and to acquire goods and services from others. Where such access is provided, Vodafone’s role is limited to transmitting content to you and Vodafone does not exercise control over the content, goods or services. Vodafone is not responsible or liable in any way for, and does not endorse, any of this content, goods or services.
7. Vodafone may provide email and/or storage and/or other facilities in association with the Fibre Broadband Service. You accept that such facilities are not electronic communications services or products and may be subject to additional terms and conditions of third parties. Vodafone does not warrant that such facilities will meet the needs of any customer nor does it guarantee the availability of such facilities.
8. Please note that the services provided by the previous service provider to you, including, without limitation, unused call credit or benefits, tariffs, terms and conditions of use and call management services that applied to your current service will not be transferable or transferred to your Vodafone services.
   
   Charges and Payment: 
   
   
9. Vodafone Fibre Broadband is charged at €40 per month for the 12 month contract period for new customers. The out of contract price is €50 per month. This price is available from 1st October 2019. Existing customers upgrading to Vodafone Fibre Broadband will be charged €50 per month.
10. Online exclusive offer for Vodafone Fibre Broadband for new customers is charged at €35 per month for the 12 month contract period. The out of contract price is €50 per month. This price is available from 1st October 2019.
11.  All Charges and other payments due to Vodafone shall be paid in full by the Customer by the due date for payment set out in the 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 the Customer directly through the Services by email, by post or by telephone in relation to overdue payments.
12. You agree that you are liable for any Charges applicable to use of the Vodafone Fibre Broadband Service at your home whether you or anybody else (with or without your permission) incur those Charges. If you become aware of any unauthorised and/or fraudulent use of the Vodafone Fibre Broadband Service by someone else, you must notify us as quickly as you can. Please note, if you fail to notify us of any unauthorised use of the Vodafone Fibre Broadband Service once you become aware, we will not be liable for any losses which you may incur and you may be liable for such Charges.
    
    Service Limitations
    
    
13. You acknowledge that the speeds in respect of the Fibre Broadband Service as indicated by Vodafone, may be reduced by contention within the network from time to time and these speeds are not guaranteed. Speeds indicated are line speeds and not data transfer speeds.
    
14. You acknowledge that the best speeds will always be achieved by connecting a device directly to the modem via the ethernet cable. Wi-Fi speeds will vary based on distance from the modem, the amount of users connected and other electrical devices that may be using the same wireless channel e.g. cordless phones or baby monitors. You acknowledge that by keeping up to date with software, firmware and antivirus updates may also ensure the device will be able to achieve optimum speeds.
    
15. You acknowledge that speeds achievable and service quality are strictly subject to each customers device and service capabilities.
    
16. You acknowledge and accept by entering this Agreement, that the Fibre Broadband Service will not support existing traditional copper delivered telephony/traditional voice line dependent services such as, but not limited to; landline, and in particular calls to the Emergency Services, monitored alarm or panic/assistance button/service, fax line, TV Service using phone line, older TV set top boxes or any other service that relies on the use of a traditional copper circuit switched phone line. For the avoidance of doubt, the Fibre Broadband Service, in and of itself, does not provide a PSTN service, and does not provide a voice service through which access to emergency services and caller location information is provided.
    
17. Vodafone does not have any procedures put in place to shape traffic so as to avoid filling or overfilling a network link. However, Vodafone does measure traffic for billing, fair usage monitoring and such that it can take action to enhance your experience of the Fibre Broadband Service, such interventions will not degrade your experience in any appreciable manner.
    
    Equipment
    
    
18. You shall be responsible for use of all equipment in connection with the Fibre Broadband Service and you agree that access to the Internet is at your own risk and subject to all applicable laws. Vodafone advises all customers to install an appropriate Internet security solution on your own equipment but Vodafone shall have no liability to you for any loss or damage arising from installation, use or non-use of such software. Installation fee may apply depending on geographic location (once off €99 fee).
    
    Fair Usage
    
    
19. 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. The General Terms and Conditions of the Vodafone Fixed Telecommunications and Broadband Service and the definitions therein shall apply. In addition the following words shall have the following meanings:
    

Definitions

· Agreement - means the General Terms and Conditions, these terms and conditions, the Tariff Sheet (including Vodafone’s tariffs for the Service) as amended from time to time and the Customer Application Form (including the Customer authorisation) which together constitute a legally binding agreement between you and Vodafone;
· FTTB - means fibre-to-the-building;
· Fibre Broadband - means the provision of a broadband service via a FTTB network to be provided by Vodafone to you in accordance with these Service terms and conditions.
· PSTN - means the Public Switched Telephone Network

Vodafone Broadband Voice Terms

Validity: from 31^st August 2018, for new or upgrading customers

The following terms and conditions relate to the Vodafone Broadband Voice service (the "BB Voice Service") and apply in addition to and form part of the General Terms and Conditions of the Vodafone Fixed Telecommunications and Broadband Services available on www.vodafone.ie/terms/fixed/ and any additional Service specific terms and conditions which you have signed up to . For the avoidance of doubt the below terms will form part of and apply in addition to each participating customer’s terms and conditions of their Vodafone service. In the event of any conflict between the terms, the order of precedence shall be as follows; the terms and conditions set out below first, followed by any additional Service specific terms and conditions you have signed up to and finally the General Terms and Conditions of the Vodafone Fixed Telecommunications and Broadband Services.

The General Terms and Conditions of the Vodafone Fixed Telecommunications and Broadband Service and the definitions therein shall apply. In addition the following words shall have the following meanings:

Definitions

·         Agreement - means the General Terms and Conditions of the Vodafone Fixed Telecommunications and Broadband Service, these BB Voice Service terms and conditions, the Tariff Sheet (including Vodafone’s tariffs for the Service) as amended from time to time, and the Customer Application Form (including the Customer authorisation) which together constitute a legally binding agreement between you and Vodafone;

·         Broadband Voice - means the provision of a voice service over internet telephony services accessed by you.

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

·         Messaging Service - means the sending of a SMS message over the Service

·         National Directory Database or NDD - means the record of all subscribers of publicly available telephone services in the State, including those with fixed, personal and mobile numbers, who have not refused to be included in that record;

TERM

1. The BB Voice Service is subject to a twelve (12), eighteen (18) or twenty four (24) month minimum term contract (the "Minimum Term") as outlined on your Customer Application Form. After the expiry of the Minimum Term, the Agreement converts to a rolling one month contract.

2. Either party may terminate this Agreement on the giving of a minimum of thirty (30) days written notice to the other. Where you terminate this Agreement during the Minimum Term, a termination charge will apply as set out in the Tariff Sheet.

3. If you request to add the BB Voice Service to your existing Vodafone account you will be entered into a new twelve (12), eighteen (18) or twenty four (24) month minimum term contract as specified to you by Vodafone for all services associated with that account from the date of the change.

THE SERVICE

1. In order for you to avail of, and receive the Vodafone BB Voice Service, you must ensure that you have a Vodafone broadband connection which has a speed equal to or greater than 100kbps. This is the mandatory minimum broadband requirement necessary in order for you to be able to avail of the Vodafone BB Voice Service.

2. Vodafone shall attempt to make the BB Voice Service available to you at all times. However, Broadband Voice services (including some Vodafone Broadband Voice Services add-ons such as Vodafone-to-Vodafone calling) are dependent on the quality of the customer’s broadband Internet connection. Therefore, the quality of the BB Voice Service cannot be guaranteed in the event of power outages or other unforeseen circumstances beyond the control of Vodafone

3. In respect of the BB Voice Service, Broadband Voice telephone calls are carried in the public domain via Internet connectivity and therefore security of these calls is not guaranteed in the absence of further security measures as advised by Vodafone. Vodafone shall endeavour to use appropriate security measures but accepts no liability with respect to call confidentiality. Vodafone shall act within the provisions of Data Protection Legislation in respect of your information.

4. Vodafone may monitor the use of BB Voice Service for violations of this Agreement. Vodafone may remove or block all communications if Vodafone suspect there has been or shall be a violation of the Agreement, or where Vodafone consider it necessary to protect the BB Voice Service or Vodafone, its affiliates, directors, agents, employees or customers from harm.

5. In relation to the “Broadband and Home Phone” and “Broadband, Home Phone and TV” packages, where your Home Phone service is provided via Broadband Voice, this is Voice Over IP (non PSTN) technology and as such, PSTN based services such as monitored alarm, fax and some TV services may not be compatible with this service. Voice over IP (non PSTN) technology 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 back up battery can be purchased for use in the case of a power cut via our retail stores. Please contact us for further information.

6. In the event that you chose to revert from Broadband Voice to PSTN, you acknowledge your original telephone number may no longer be available due to local exchange capabilities.

CALLS TO EMERGENCY SERVICES

1. Due to the nature of the BB Voice Service it shall not always be possible to accurately determine the exact location of a caller. An up-to-date address is required for BB Voice Service customers as this is required by the Emergency Services for location purposes. CALLERS USING THE BB VOICE SERVICE FOR EMERGENCY CALLS WILL NEED TO INFORM THE OPERATOR OF THEIR PHYSICAL LOCATION.

2. EMERGENCY CALLS TO 112, 911 AND 999 WILL BE DIRECTED TO THE EMERGENCY SERVICES BUT NO GUARANTEE IS MADE ABOUT THE RELIABILITY OF SAME AND YOU SHOULD BE ESPECIALLY AWARE THAT POWER OUTAGES WHICH RENDER COMPUTER EQUIPMENT AND INTERNET CONNECTIVITY NON-FUNCTIONAL SHALL PREVENT THE USE OF THE VODAFONE SERVICE FOR EMERGENCY CALLS. IN THE EVENT OF SUCH AN OUTAGE VODAFONE ADVISE CUSTOMERS TO USE ALTERNATIVE METHODS, SUCH AS MOBILE TELEPHONES, TO ACCESS EMERGENCY SERVICES OR ANY OTHER CONNECTED SERVICES. VODAFONE ALSO ADVISE CUSTOMERS TO PLAN ACCORDINGLY IN ADVANCE.

3. VODAFONE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE SERVICE, INCLUDING 999, 911 OR 112 DIALLING, AT ANY TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY: THIRD-PARTY OMISSION, EQUIPMENT FAILURE, EQUIPMENT MODIFICATION, FORCE MAJEURE, EQUIPMENT SHORTAGE, LOSS OF POWER OR THIRD PARTY FAULTS.

4. There may be a greater possibility of network congestion and/or reduced speed in the routing of calls to emergency services or connected services made utilizing the BB Voice Service as compared to traditional calls to emergency services or connected services dialled over traditional public telephone networks. You should inform any household residents, guests and other third persons who may be present at the physical location where the BB Voice Service is used of the important differences in and limitations of voice services over internet telephony dialling as compared with traditional phone service as it relates to access to emergency services and connected services.

5. Vodafone do not have any control over whether, or the manner in which, calls using the BB Voice Service are answered or addressed by any emergency response centre or connected services provider. Vodafone disclaim all responsibility for the conduct of emergency response centres and connected services providers.

6. Neither Vodafone nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to accessing emergency services or connected services unless such claims or causes of action arose from gross negligence or wilful misconduct by Vodafone.

7. YOU SHALL DEFEND, INDEMNIFY, AND HOLD VODAFONE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO THE CUSTOMER IN CONNECTION THE SERVICE HARMLESS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, LEGAL FEES) BY, OR ON BEHALF OF, THE CUSTOMER OR ANY THIRD PARTY RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE BB VOICE SERVICE, INCLUDING THE INABILITY OF ANY USER OF THE BB VOICE SERVICE TO BE ABLE TO ACCESS EMERGENCY SERVICES OR CONNECTED SERVICES.

VOICEMAIL

1. Voicemail is a value-added service provided to Customer by Vodafone. Voicemails shall be accessible to you on your phone by dialling 171 and following the prompts.

2. Voicemails shall be stored for a maximum of 3 months after which they shall be deleted permanently. You are advised to store your voicemails in email form where you need them for longer than this 3 month period.

3. Where you have not activated your voicemail, you may not be able to access voicemails left in their inbox.

4. You will be able to upload and send your own voicemail greetings using the BB Voice Service. You hereby grant Vodafone and Vodafone’s Agents a royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any voicemail greetings uploaded using the BB Voice Services.

5. Vodafone reserve the right to suspend any voicemail account that not has been accessed for a consecutive period of 5 months without prior consent or notification. A suspended voicemail account may be reactivated by contacting Customer Care services or our online resources. In case of a suspension, Vodafone reserve the right to delete the content of a voicemail account at the time of suspension, including any greetings and any saved voicemails.

6. In case a suspended account remains suspended for an additional consecutive period of one (1) month, Vodafone reserves the right to terminate the voicemail account.

EQUIPMENT AND THE NUMBER

1. If you accept the BB Voice Service, Vodafone will allocate a number to your line. The telephone number and any rights in the number belong to Vodafone, subject to the PORTING clauses; you may not sell or agree to transfer the number to any person. For the avoidance of doubt, you shall not own the number allocated to him/her.

2. Vodafone are entitled to change your telephone number or code number or the specification of the BB Voice Service for operational reasons but will always endeavour to advise you of this by giving at least 30 days’ prior notice.

3. Numbers shall be de-allocated from your account where there is cancellation or lapse of the account.

4. Irish geographic numbers allocated to you which are subsequently de-allocated upon cancellation or lapse of your account, shall be quarantined for 13 months during which time they shall be available for you should you decide to reopen your account. Upon expiration of the thirteen (13) month quarantine period, these numbers shall be removed permanently and shall be unavailable for recovery by you.

5. Vodafone does not offer support of any hardware other than approved devices purchased from Vodafone. Where hardware purchased directly from Vodafone is suspected to be faulty, and on the instruction of the Vodafone customer care team, the customer may return the item at their own expense to Vodafone within 30 days of receipt. Vodafone recommend it be returned by registered post or similar tracked delivery. Items lost or damaged while being returned to Vodafone are the responsibility of the customer.

6. You are advised that where, in exceptional circumstances, a government authority orders the reallocation or change of a phone number, Vodafone is permitted to change your phone number for the BB Voice Service.

FAIR USAGE

1. The BB Voice Service is for normal residential use, including any unlimited calling plans

2. The use of the BB Voice Service for telemarketing and the use of auto-diallers in connection with the BB Voice Service is strictly prohibited.

3. Vodafone can suspend or terminate the BB Voice Service if Vodafone determine, in our sole discretion that the number of calls or charges for calls made by you indicate that the Services are not being used in a manner consistent with normal residential usage or that you are otherwise in violation of this Agreement. Vodafone will make reasonable efforts to contact you before suspending or terminating the BB Voice Service but Vodafone are not liable for any loss you may suffer through any suspension covered by this condition.

4. For the avoidance of doubt the fair usage limits per month are as follows: —

1.  5,000 local and national call minutes from your landline to another Irish landlines; and

2.  1,500 call minutes from your landline to an Irish mobiles, where applicable

5. Exceeding these Fair Usage limits may result in charges being incurred. All usage outside of or exceeding the limits of a Call Plan shall be charged at standard rates viewable at www.vodafone.ie/shop/broadband/charges.html.

CALL PLANS AND CHARGES

1. All Charges and other payments due to Vodafone shall be paid in full by you by the due date for payment set out in the 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 by email, by post or by telephone in relation to overdue payments.

2. You will be liable for any and all charges for calls or usage made from or by a device to your account or on their network while using the BB Voice Service.

3. Calls to premium rate numbers (including but not limited to 15XX prefixed numbers) and other 'special numbers' such as directory enquiries and non-geographic numbers (including but not limited to 18XX prefixed numbers - see the Tariff Sheet for details) are excluded from your monthly allowance.

4. Terms and conditions relating to specific add-on tariffs as may be amended from time to time shall be available on www.vodafone.ie

5. You may change from your current tariff plan to another tariff plan upon giving a minimum of thirty (30) days’ notice of intention to change and only after the conclusion of the minimum term, and upon paying the downgrade fee as set out in the Tariff Sheet, unless specified otherwise by Vodafone, and where, at the time of requesting or effecting the change, you do not have unpaid amounts owing.

6. In the event that payments are overdue, Vodafone reserves the right to suspend or disconnect the BB Voice Service and/or other telecommunications services, including fixed line services, supplied by Vodafone to you.

7. Tariff plans shall be of minimum of 18 months’ duration for the BB Voice Service; and may be of longer duration as agreed by you via the signed Customer Application Form or other written/oral agreement.

PORTING

1. Porting enables you to retain your previous phone number when you move to another network operator or telecoms provider.

2. By completing the Customer Application Form, where porting is requested, you warrant and represent that you accept the terms contained therein, have provided accurate information and that you are the person authorised to instruct Vodafone to port the number.

3. You acknowledge that:

1.  the request will terminate service with the existing telephony provider;

2.  only the number specified will be moved;

3.  it shall be your responsibility to ensure that you give sufficient notice of termination of any agreement with any previous service provider, subject to the terms and conditions of that agreement;

4.  it shall be your responsibility to ensure that all information provided in the Customer Application Form is complete and correct. The port request may be rejected if any information provided is inaccurate, incomplete or misleading;

5.  the services provided by the previous service provider to you, including, without limitation, unused call credit or benefits, tariffs, terms and conditions of use and call management services that applied to your service will not be transferable or transferred to your Vodafone services;

6.  contractual and other obligations, charges and costs due to the previous service provider will remain due and owing and shall be subject to settlement by you with the previous service provider in accordance with the terms and conditions applying to the provision of that service; and, in the case of telephony numbers, the previous service provider may decline to proceed with the port in the event that there is a debt on the account i.e. account is barred or suspended; and

4. The process will be deemed to commence on the date of signing and submission of the Customer Application Form and it may not be possible to reverse the process once it has started.

5. Where the signatory is not the person legally entitled to request Vodafone to move the number or a person or entity authorised to complete the Customer Application Form, or if fraudulent or misleading information is supplied, then the signatory will be personally liable for all or any loss or damage arising from the unauthorised transfer of the number.

6. Vodafone may refuse to process your instructions if:

1.  information provided by you is incorrect or misleading;

2.  The information provided in relation to the number is not compatible with information held by the previous service provider;

3.  Vodafone shall endeavour to comply with criteria established by COMREG in respect of number porting but does not warrant or represent that the number port will be completed within a particular timeframe. There may be a period where no services are available, from either the previous service provider or from Vodafone.

4.  Vodafone will not be liable or responsible for making good any loss, damage, costs or expenses or other liability whether incurred directly, indirectly or as a consequence of the unavailability of the BB Voice Service.

7. In respect of a 'port out' request where you wish to move your number from Vodafone to another provider, you are requested to ensure that there are no payments outstanding on their account before they arrange for a port out request to be submitted in respect of any number.

DIRECTORY ENQUIRES

1. Vodafone does not provide a telephone directory service. Vodafone may make your name, address and telephone number available to the emergency services and to any other licensed public telecommunications operators for the purpose of telephone directories and a public directory enquires service. You must notify us, in writing, should you wish any such information to be withheld or if you wish to opt out of the National Directory Database (NDD) and if this is your wish then we shall only disclose such information if and to the extent that we are legally required to do so.

2. Third parties are allowed to use the NDD for direct marketing. Upon your request Vodafone can request the operator of the NDD to place an indicator next to your NDD entry advising third parties that you do not wish for their details to be used for this purpose.

3. Vodafone do not accept any liability whatsoever for a failure by any other operator to whom Vodafone provide such information to comply with any listing request that you may make to Vodafone or to that operator.

LIMITATIONS OF BROADBAND VOICE

In relation to the “Broadband and Home Phone” and “Broadband, Home Phone and TV” packages, 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 chose 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 back up battery can be purchased for use in the case of a power cut via our retail stores. Please contact us for further information.