Interpretation. In this Agreement the following definitions apply:
“Acceptable Usage Policy” means the usage policy set out at Schedule 2 to this Agreement, which may be amended by Eurona Brisknet from time to time;
“Eurona Brisknet Broadband” means the broadband telecommunications service provided by Eurona Brisknet;
“Commencement Date” means date specified in section 3 of the Customer Contract Form;
“Confidential Information” means, in relation to Eurona Brisknet, information (in whatever form communicated or recorded) belonging or relating to that party, its business affairs or activities which is not in the public domain and which: (a) that party has marked as confidential or proprietary; or (b) has been described as confidential by that party to the Customer (orally or in writing); or (c) due to its character or nature, a reasonable person in a like position to its recipient and under like circumstances would treat as confidential;
“Connection Details” means the password identity and/or account formula including but not limited to user name and authorisation codes which are given exclusively to the Customer and the Customer’s connected equipment identity collected from the Customer for the purposes of gaining access to the Network;
“Content” means information, video graphics, sound, music, photographs, software and any other materials (in whatever form) published or otherwise made available on the Internet;
“Customer” means the person detailed in section 1 and 3 of the Customer Contract Form;
“Customer Contract Form” means the contract form completed by the Customer to which these Terms and Conditions are scheduled;
“Customer Equipment” means any computer hardware, software, cabling or other equipment provided by the Customer to link to the Network Connection;
“Equipment” means all equipment provided by Eurona Brisknet to the Customer to enable the Customer to access and use the Service, including (without limitation) the Network Connection and the Subscriber Module;
“Fees” means any fee payable to Eurona Brisknet under this Agreement;
“Intellectual Property Right” includes all patents, inventions, copyright (including but not limited to all rights in respect of software), trade marks, database rights, design rights, topography rights, whether or nor any of these is registered and including any applications for registration of any such rights, know-how, confidential information and trade secrets (including designs, processes or products which are to become or may become the subject of an application as aforesaid) and all rights or forms of protection of a similar nature of having similar effect to any of these which may exist anywhere in the world;
“Line of Sight” means a clear unobstructed view between the Subscriber Module and Eurona Brisknet radio transmitter/receiver;
“Network” means that collection of access equipment, computers, special interfaces and agreements that belong to and are controlled by Eurona Brisknet and make up both the logical and physical connection between the Customer and the information provider;
“Network Connection” means all Eurona Brisknet’s cabling, interface panels, cabinets, systems, apparatus, facilities and any other equipment which may be utilised by Eurona Brisknet to provide the Service;
“Quarter” means a calendar quarter, ending on any of 31 March, 30 June, 30 September and 31 December (but the first Quarter will begin on the Commencement Date and will end on the next following quarter end date, and the last Quarter will end on expiry of the Term);
“Service” means the Eurona Brisknet service outlined in section 2 of the Customer Contract Form;
“Service Credit” means any amount to be credited against Fees payable by the Customer pursuant to Clause Error! Reference source not found.;
“Setup Fee” means the setup fee specified in section 2 of the Customer Contract Form;
“Software” means the software provided by Eurona Brisknetto enable the Customer to access or use the Service;
“Software Licence” means the licence of the Software granted to the Customer pursuant to Clause 7;
“Subscriber Module” means the equipment installed on the premises of the Customer for the purpose of receiving the Service;
“Term” means the period beginning on the Commencement Date and ending on the date on which this Agreement is terminated under Clause 13.2 (term after initial period), Clause 13.3 (early termination by the Eurona Brisknet) or Clause 12 (force Majeure);
“Transfer Date” means in relation to any Transfer Notice, the date for the making of the transfer as specified in that Transfer Notice;
“Transfer Notice” means the written notice specified in Clause 15.
“Transferee” means Eurona Brisknet or its nominees to whom Eurona Brisknet seeks to transfer all or part of its rights, benefits and obligations under this Agreement; and
“User Information” means information relating to the Customer as set out in the Customer Contract Form.
- Construction: In this Agreement, unless the contrary intention is stated, a reference to:
- the singular includes the plural and vice versa;
- either gender includes the other;
- a person shall be construed as a reference to any individual, firm or company, corporation, governmental entity or agency of a state or any association or partnership (whether or not having separate legal personality) or two or more of the foregoing;
- a person includes that person’s legal personal representative, permitted assigns and successors;
- time shall be construed by reference to whatever time may from time to time be in force in Ireland;
- any agreement document or instrument is to the same as amended, novated, modified, supplemented or replaced from time to time;
- a Recital, Clause or Schedule, is a reference to a recital, clause or schedule of this Agreement;
- a statute, by-law, regulation, delegated legislation or order is to the same as amended, modified or replaced from time to time, and to any by-law, regulation, delegated legislation or order made thereunder;
- ‘month’ means a calendar month to the extent that it falls in the Term;
- ‘including’ means comprising, but not by way of limitation of any class, list or category;
- ‘writing’ shall include a reference to any electronic mode of representing or reproducing words in visible form; and
- ‘business day’ shall be construed as a reference to a day (other than a Saturday or Sunday) on which the banks are generally open for business in Ireland.
- Ejusdem Generis: This Agreement shall be construed without regard to the rule of construction known as “ejusdem generis”.
- Headings: Headings are to be ignored in the construction of this Agreement.
- This Agreement: References to ‘this Agreement’ shall be mean clauses of, and schedules, appendices and attachments (if any) to this Agreement and the Customer Contract Form, all of which shall be read together as one document.
- The Service
- Eurona Brisknet shall provide the Customer with the Service upon and in accordance with the Terms and Conditions with reasonable skill and care of a competent Internet service provider.
- For technical, operational and commercial reasons, Eurona Brisknet shall be entitled to vary the Service or any aspect thereof.
- The Service is provided using licence exempt spectrum on a non-interference/non-protected basis. This means that while the Service is not permitted to cause interference with other systems, it may not claim protection from interference from other systems operating in these bands.
- Eurona Brisknet’s obligations
- In consideration of the performance by the Customer of its obligations under this Agreement Eurona Brisknet agrees:
- to provide the Service to the Customer;
- to provide the Software to the Customer; and
- to install the Equipment at the Customer’s premises.
- The Customers obligations
- The Customer undertakes with Eurona Brisknet that it shall:
- use the Service and the Equipment in accordance with the Acceptable Usage Policy;
- procure that all persons having access to the Service and the Equipment comply with the Terms and Conditions and Acceptable Usage Policy;
- provide Eurona Brisknet with true, accurate, complete and current User Information, and notify Eurona Brisknet of any changes to the User Information;
- obtain all necessary consents, including consents to install and connect all necessary equipment and for any necessary alterations to buildings to enable the installation and use of the Equipment;
- provide suitable accommodation, foundations and environment including all necessary trunking, conduits and cable trays in accordance with the relevant installation standards;
- take up or remove, any fitted or fixed floor coverings, ceiling tiles, suspended ceiling and partition covers, as Eurona Brisknet advises are necessary, and carry out afterwards any making good or decorator's work required;
- provide as suitable and safe working environment at the Customer’s premises for Eurona Brisknet , its servants, employees and agents;
- provide all appropriate support for the Service to include but not to be limited to appropriate electricity supply together with a detailed map marking the position where the Equipment is to be installed and ensure that the Equipment which is used does not damage or interfere with any other services;
- inform Eurona Brisknet in advance of any existing facilities (where appropriate) which would run the risk of being damaged during the installation of the Network Connection and the provision of the Service;
- procure that the Network Connection is housed in accordance with Eurona Brisknet ’s instructions;
- permit access to any Site, to Eurona Brisknet , its employees, servants or agents, to enable Eurona Brisknet to carry out its obligations under this Agreement, and/or to inspect, repair, maintain, test or remove the Network Connection or the Equipment or any part thereof;
- not create or permit any charges, pledges, liens or encumbrances to subsist over the Network Connection, all right, title and interest in which shall remain vested in Eurona Brisknet ; and
- not allow the Network Connection to be serviced or repaired, or otherwise interfered with other than by Eurona Brisknet, its employees, servants or agents.
- Setup fee: The Customer shall pay Eurona Brisknet a Setup Fee.
- Ongoing fees: The Customer shall pay Eurona Brisknet a monthly charge of an amount in euro as set out in section 2 of Customer Contract Form.
- Variation of fees: Eurona Brisknet may alter the Fees from time to time by notice in writing to the Customer within a reasonable period in advance of the effective date of such change.
- Eurona Brisknet reserves the right to charge the Customer an installation charge depending on level of difficulty of physical installation of the Subscriber Module. In the event that such a charge is to be levied, that fact will be identified during a visit to the site by a representative of Eurona Brisknet prior to the installation visit.
- Payment terms
- Fees accrued under this Agreement:
- under Clause 5.1, shall be paid by the Customer to Eurona Brisknet upon signature of this Agreement; and
- under Clause 5.2, shall be paid by the Customer to Eurona Brisknet monthly in advance.
- Each amount stated to be payable by the Customer to Eurona Brisknet under this Agreement:
- currency: shall be paid in euro;
- method: shall be paid by direct debit to such bank account of Eurona Brisknet as it may specify in writing to the Customer from time to time, or in such other manner as Eurona Brisknet may from time to time stipulate in writing;
- VAT: is exclusive of value added tax and, accordingly, is to be construed as a reference to that amount plus any value added tax payable in respect of it; and any such value added tax shall be paid by the Customer to Eurona Brisknet in addition to the amount in question upon presentation by Eurona Brisknet to the Customer of an invoice for the amount in question together with the applicable value added tax, with the latter shown as a separate figure;
- free and clear: shall be paid without set-off or counterclaim, and free and clear of, and without deduction or withholding for or on account of, any taxes unless the Customer is required by law to make a deduction or withholding for or on account of taxes, and if any withholding is so required, the Customer shall pay to Eurona Brisknetd an additional amount such that after deduction of all amounts required to be withheld, the net amount actually received by Eurona Brisknet will equal the amount which Eurona Brisknet would have received if the relevant withholding had not been required.
- Interest: If the Customer fails to pay to Eurona Brisknet any amount payable to it under this Agreement on the due date then the Customer will pay on demand from time to time to Eurona Brisknet, interest (as well after as before any judgment) on that amount, from the due date to the date of payment in full, at the rate per cent per annum of 200 hundred basis points above the base lending rate of the Bank of Ireland. All such interest shall accrue from day to day and shall be compounded quarterly.
- Guarantee: Eurona Brisknet may, from time to time, require the Customer to pay a deposit or provide a guarantee as security for payment of the Fees.
- Except in the case of manifest error by Eurona Brisknet, all Fees shall be calculated by reference to the data recorded or logged by Eurona Brisknet.
- All right, title and interest in the Equipment remains vested in Eurona Brisknet.
- The Customer shall be responsible for the safekeeping and proper use of the Equipment and shall indemnify Eurona Brisknet on demand with respect to all costs for the replacement and/or repair of any Equipment that is lost, damaged (fair wear and tear excepted) or destroyed.
- Software Licence
- Grant: In consideration of the performance by the Customer of its obligations under this Agreement, Eurona Brisknet grants to the Customer for the Term and subject to the provisions of this Agreement, a non-exclusive, non transferable licence to use the Software for the sole purpose accessing and using the Service.
- No Other Licence: It is acknowledged and agreed that no licence under the Software is granted by Eurona Brisknet to the Customer other than that expressly granted by the provisions of Clause 7.
- Except to the extent required by mandatory operation of law, the Customer shall not attempt to create or recreate any source program of the Software or any program used by Eurona Brisknet in the provision of the Service nor shall it attempt or permit the reverse compilation or assembly of any part of the Software.
- Warranty and Liability
- Eurona Brisknet warrants that it has the right to license the Service and the Software in accordance with the terms of this Agreement without infringing the Intellectual Property Rights of any third party.
- Except for conditions, warranties and representations expressly stated in this Agreement or which by law may not be excluded, all express or implied conditions, warranties and representations howsoever arising are hereby expressly excluded.
- Eurona Brisknet does not undertake to provide a fault-free Service. Eurona Brisknet shall use its reasonable endeavours to remedy any faults which significantly impair performance in so far as the same may be attributable to any aspect of the Service.
- Line of Sight is required to provide the Service. Eurona Brisknet shall not be liable for any obstructions to the Line of Sight that are beyond the control of Eurona Brisknet.
- No Liability for Consequential Loss: Neither party shall be liable in contract, tort or otherwise howsoever for any of the following losses or damage (whether or not such loss or damage was foreseen, foreseeable, known or otherwise): (a) loss of revenue (other than the Fees), (b) loss of actual or anticipated profits, (c) loss of contracts, (d) loss of the use of money, (e) loss of anticipated savings, (f) loss of business, (g) loss of opportunity, (h) loss of goodwill, (i) loss of reputation, (j) loss of, damage to or corruption of data, or (k) any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified in sub-clauses (a) to (j) above) whether arising out of, or in connection with, or in relation to the Service or the supply or non-supply or purported supply or delay in supply of the Service or otherwise out of or in connection with or in relation to this Agreement or any transaction or matter contemplated by it.
- Customer Indemnity: The Customer agrees to indemnify, and keep indemnified, Eurona Brisknet on demand against and from all liabilities costs, fees, expenses and losses suffered by Eurona Brisknet as a result of a breach by the Customer of its obligations under this Agreement.
- Suspension of the service
- Without prejudice to its rights under Clause 13, Eurona Brisknet may suspend the Service if the Customer is in breach of this Agreement and has failed to remedy that breach within ten (10) days of being notified in writing of that breach by Eurona Brisknet. The Service shall remain suspended pending remedy by the Customer of its breaches under this Agreement to the satisfaction of Eurona Brisknet.
- Eurona Brisknet may suspend the Service in any of the following circumstances:
- where it is obliged to immediately suspend the Service in connection with any order, instruction or request of any government, governmental or regulatory organisation, emergency services or other competent authority;
- in connection with the maintenance or upgrade of the Network. Eurona Brisknet will use all reasonable efforts to provide the Customer with the maximum period of notice practicable; or
- where it considers that there is or is likely to be a breach of security anywhere on the Network.
- Non Applicable
- Force Majeure
Neither party shall be liable for failure or delay in the performance of its obligations under this Agreement (other than a payment obligation on the part of the Customer under this Agreement) to the extent that such failure or delay is caused by matters beyond that party’s reasonable control including but not limited to destruction arising out of war, rebellion, civil commotion, strikes, lockouts and industrial disputes, fire, explosion, earthquake and/or other seismic activity, acts of God, flood, drought or bad weather, the unavailability or other media or other acts or orders of any government department, council or other constituted body. If performance of a material obligation under this Agreement is prevented by any such event or circumstance for a continuous period of 45 days or more, then the party in whose for whose benefit the affected obligation would have been performed shall be entitled, by the giving of notice in writing to the other party, immediately to terminate this Agreement.
- Term and Termination
- Initial Period: This Agreement shall commence on the Commencement Date and continue for an initial period of one year unless terminated sooner under Clause 13.3 (early termination by Eurona Brisknet), or Clause 12 (Force Majeure).
- Term following initial period: Following the initial period described in Clause 13.1, this
Agreement will continue in full force and effect for successive periods of 12
months each (each a "renewal period") until terminated.
Migration from Eurona Arden or Eurona Brisknet Fixed Wireless service automatically implies a renewal of the initial 12 month contract period, commencing on the date of connection to the Eurona Arden Fibre service.
- by either party, by the giving of not less than 60 days notice in writing to that effect to the other party (which notice may be given during the initial period described in Clause 13.1); or
- under Clause 13.3 (early termination by Eurona Brisknet ), or Clause 10 (Force Majeure).
- Early termination by Eurona Brisknet : Without prejudice to any other remedies Eurona Brisknet may have against the Customer, Eurona Brisknet may terminate this Agreement with immediate effect, or with effect from such date specified in any notice, by the giving of notice to that effect to the Customer where:
- non-payment: the Customer fails to make any payment due from it to the Unit Franchise under this Agreement within ten business days of the due date;
- breach: the Customer breaches or is in breach of any provision of this Agreement and, if capable of remedy, fails to remedy that breach within 30 days of being notified of the breach by Eurona Brisknet ;
- incorrect User Information: if the Customer provides incorrect or false User Information; or
- insolvency event: the Customer is, or is deemed for the purposes of any relevant law to be, unable to pay its debts as they fall due or to be insolvent, or admits inability to pay its debts as they fall due; or suspends making payments on all or any class of its debts or announces an intention to do so, or a moratorium is declared in respect of any of its indebtedness; or any step (including the making of any proposal, the convening of any meeting, the passing of any resolution, the presenting of any petition or the making of any order) is taken with a view to a composition, assignment or arrangement with any creditors of, or the liquidation or dissolution of, that party; or any liquidator, trustee in bankruptcy, judicial custodian, compulsory manager, receiver, administrator, examiner or similar officer is appointed to or in respect of that party or any of its assets.
- Consequences of termination: Upon termination of this Agreement for any reason:
- suspension of the Service: Eurona Brisknet may suspend the Service forthwith without further notice;
- payment of outstanding Fees: all Fees due to Eurona Brisknet
shall become immediately payable.
Outstanding fees due shall be calculated, in the event of early termination by the customer within the 12 month contract period, based pro-rata on the balance of the remainder of the 12 month contract period.
- return of Confidential Information: the Customer shall, at the request of Eurona Brisknet , deliver promptly to Eurona Brisknet all Confidential Information in its possession or control;
- termination of licence: the Software Licence shall terminate;
- return of Equipment the Customer shall cease to use the Equipment and shall return the Equipment together with all related materials certifying in writing to Eurona Brisknet that this has been done. The Customer shall permit Eurona Brisknet (or its servants or agents) to enter any of the Customers premises where the Equipment is in use to ensure that the provisions of this Clause 13 have been fully performed; and
- return of Software: the Customer shall cease to use the Software and shall at Eurona Brisknet’s option return or destroy the Software and any materials or documentation relating to the Service together with all copies and all related materials (including, without limitation any CD’s or tapes or information in electronic format which were delivered to the Customer) certifying in writing to Eurona Brisknet that this has been done. The Customer shall permit Eurona Brisknet (or its servants or agents) to enter any of the Customers premises where the Software is in use to ensure that the provisions of this Clause 13 have been fully performed.
- Continuing Obligations: The provisions of Clause 14 shall remain in force and be fully applicable in all circumstances in accordance with their terms and in particular shall not be discharged or affected by any breach or repudiation of this Agreement in each case whatever its nature or howsoever caused or arising or by any other matter, circumstance or thing whatsoever.
- Keep confidential: The Customer undertakes to treat as and keep confidential all Confidential Information and shall not, without the prior written consent of Eurona Brisknet , use, disclose, copy or modify the Confidential Information other than as necessary for the exercise of its rights, and performance of its obligations, under this Agreement.
- Notify misuse: The Customer shall notify Eurona Brisknet of any unauthorised use, disclosure, theft or other loss of the Confidential Information promptly upon becoming aware of it.
- Exceptions: The provisions of Clauses 14.1 and 14.2 shall not apply to information that
- as, at the time of receipt by the Customer, was in the public domain
- was already lawfully in the possession of the Customer at the time of its receipt, without any restrictions on its disposal;
- is disclosed to the Customer by a third party free from any obligation of confidence on that third party for the benefit of the disclosing party;
- has, following its receipt by the Customer, entered the public domain through no act or default on the part of the Customer;
- is by law or by any court or order of any governmental or regulatory authority required to be disclosed, to the extent of the relevant disclosure requirement;
- but, for the avoidance of doubt:
- information shall not be deemed to be in the public domain, merely because its known to a limited number of third parties having experience in the relevant field; and
- any combination of elements of information shall not be deemed to be in the public domain, merely because individual elements of that combination are in the public domain.
- Mandatory Disclosure: If the Customer is required by law or by any order of any court or governmental or regulatory authority to disclose the Confidential Information, it shall promptly notify Eurona Brisknet of receipt of notice of that requirement and, at the request and cost of Eurona Brisknet will assist it in opposing any such disclosure.
- The Customer may not assign, sublicense or transfer (whether voluntarily or involuntarily, by operation of law or otherwise) or create or permit to exist any right, title or interest (including, without limitation, any security interest and any beneficial interest under any trust) in, to or under, any of its rights under this Agreement.
- Eurona Brisknet may at any time transfer all or any of its rights, benefits and obligations under this Agreement to a Transferee by notice in writing to the Customer (“Transfer Notice”) in which event, on the date specified in such Transfer Notice:
- to the extent that in such notice Eurona Brisknet seeks to transfer its rights, benefits and obligations under this Agreement, the Customer and Eurona Brisknet shall be released from further obligations towards one another under this Agreement and their respective rights to one another shall be cancelled;
- the Customer and the Transferee shall assume obligations towards one another and/or acquire rights against one another which differ from such discharged rights and obligations only insofar as the Customer and the Transferee have assumed and/or acquired the same in place of the Customer and Eurona Brisknet ; and
- the Transferee shall become a party to this Agreement.
- Further Assurance: Each party agrees to execute, acknowledge and deliver such further instruments, and do all further similar acts, as may be necessary or appropriate to carry out the purposes and intent of this Agreement.
- No Partnership or Agency: Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture, or the relationship of principal and agent, between the parties, and neither of the parties shall have any right or authority to act on behalf of the other or to bind the other in any way.
- Notices: All notices under, or in connection with, this Agreement will, unless otherwise stated, be given in writing by letter, email or by facsimile. Any such notice is deemed effectively to be given as follows:
- if by letter, 72 hours after posting;
- if by email or facsimile, upon receipt by the transmitting party of a transmission report confirming successful transmission of all pages comprised in the notice in question;
and the address, facsimile and telephone numbers of the parties for the purpose of the giving of notices under this Agreement those set out in Customer Contract Form or such other details which either party may notify to the other in accordance with this provision from time to time.
- Severability: If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not affect the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement; or the legality, validity or enforceability in any other jurisdiction of that or any other provision of this Agreement.
- Entire Agreement:
- This Agreement, the Customer Contract Form and the Acceptable Usage Policy contain the sole and entire agreement between the parties in relation to its subject matter, and supersedes all prior written and oral arrangements, understandings, representations, warranties and agreements between them in that regard (if any).
- Each party acknowledges that it is not relying, and will not seek to rely, on any arrangement, understanding, representation, warranty, agreement, term or condition which is not expressly set out in this Agreement.
- For the avoidance of doubt, nothing in this Clause 16.5 shall be construed as excluding liability for fraud or liability for death or injury caused by the negligence of either party.
- Waivers, Rights Cumulative: Each of the rights of each party under this Agreement may be exercised as often as is necessary, is cumulative and not exclusive of any other rights which that party may have under this Agreement, law or otherwise; and may be waived only in writing and specifically. Delay by a party in exercising, or the non-exercise by a party of, any such right will not constitute a waiver of that right.
- Law and Jurisdiction
- This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland.
- The courts of the Republic of Ireland shall have exclusive jurisdiction over all disputes arising between the parties in connection with this Agreement.
* * *
* * *
acceptable usage policy
Please read the following Acceptable Usage Policy
Terms defined in the Agreement shall, subject to any contrary indication, have the same meanings in this Acceptable Usage Policy.
- Provision of the Service
- Access to Service is at the sole discretion of Eurona Brisknet. EEurona Brisknet reserves the right, at its sole discretion to refuse certain customers access to certain services if Eurona Brisknet considers such access would be likely to lead to a breach of the Acceptable Usage Policy.
- Eurona Brisknet reserves the right to modify or vary the Service or any aspect thereof for commercial, financial or technical reasons.
- Limits on storage allocation and data transfer levels may apply to the Service. If the Customer wishes to exceed such limits, if applicable, then it must request additional size in writing to Eurona Brisknet and additional charges may be payable
- The Customer agrees to provide true, accurate, current and complete User Information and notify Eurona Brisknet immediately of any changes to the User Information.
- The Customer shall not to impersonate any other person or entity or to use a false name or a name that they are not authorised to use.
- Use of the Service
- The Service is provided solely for the Customer’s own use and the Customer will not resell or attempt to resell the Service (or any part or facility of it) to any third party unless otherwise expressly agreed by Eurona Brisknet.
- The Customer shall only access the Service through the Software or otherwise as permitted by Eurona Brisknet and shall not attempt at any time to circumvent Service security or to gain access to the source software or compiled code.
- The Service must not be used for any purpose that:
- does not comply with the terms of any legislation or any licence applicable to the Customer or Eurona Brisknet ;
- does not comply with any instructions given by Eurona Brisknet or other public telecommunications operator, government, governmental or other regulatory or other competent authority in any country where the Service is provided;
- would cause Eurona Brisknet to breach the terms of any agreement between Eurona Brisknet and any backbone service provider;
- constitutes a violation or infringement of the rights of any person, firm or company (including, without limitation, rights of copyright or confidentiality) or a violation or infringement of any statutory duty or obligation or any duty or obligation in contract, tort or otherwise, to any third party;
- constitutes a use of the Service which is illegal, improper, unlawful, or harassing or which otherwise constitutes network abuse, and the Customer shall be responsible for any such misuse of the Service.
- The Service must not be used:
- to send, receive, upload, download, use or re-use any information or material which is illegal, fraudulent, offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
- to cause annoyance, inconvenience or needless anxiety;
- to send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided using the Service, where applicable, by any third party that are in any way connected with the transmission of "junk mail" "spam", "chain letters", "pyramid schemes" or the unsolicited mass distribution of e-mail, or with any unethical marketing practices;
- other than in accordance with the Acceptable Usage Policy and the acceptable usage policies of any connected networks and the Internet Standards;
- in a manner that would jeopardise the operation of the Network.
- The Customer must not gain or attempt to gain unauthorised access to any computer systems for any purpose, including accessing the Internet. As well as being in breach of this Agreement, such hacking or attempted hacking is a criminal offence. The Customer may not run “Port Scanning” software which accesses remote machines or networks, except with the explicit prior permission of the administrator or owner of such remote machines or networks. If the Customer intends to run a port scanning application, it must provide Eurona Brisknet with a copy of the written consent received from the target of the scan authorising the activity prior to the application being run.
- Fair Usage Policy
- In order to ensure Customer quality per grade of service Customers whose usage is particularly heavy for their selected grade, may experience throughput limitations. In order to facilitate heavy usage Customers, Eurona Brisknet offers a range of grades of service and reserves the right to adjust grade of service to reflect changes in pattern of usage. In the event of such an adjustment, Eurona Brisknet shall notify the Customer of the change electronically. Should the Customer wish to make representations in relation to the change, he should do so as soon as reasonably practicable.
- Customer Equipment
- With the exception of the Equipment, the Customer is responsible for providing suitable computer hardware, software and telecommunications equipment necessary to access and use the Service.
- Any Customer Equipment must be connected and used in accordance with any instructions and any safety or security procedures applicable to the use of such equipment, and must be technically compatible with that Service and approved for that purpose under any relevant legislation.
- The Customer shall be responsible for configuring the Customer Equipment with the Software and shall ensure that the Customer Equipment complies with all requirements specified by Eurona Brisknet during the provision of the Service.
- The Customer is responsible for the security and proper use of all Connection Details and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised parties.
- The Customer must immediately inform Eurona Brisknet if there is any reason to believe that any Connection Details have or are likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
- The Customer must not change or attempt to change a user name. If a Customer forgets or loses a password or user name the Customer must contact Eurona Brisknet and satisfy such security checks as Eurona Brisknet may operate.
- Eurona Brisknet reserves the right to suspend access to the Service if at any time Eurona Brisknet considers that there is or is likely to be a breach of security. If Eurona Brisknet becomes aware that security has or may be compromised, Eurona Brisknet reserves the right at its sole discretion to require the Customer to change any or all of the passwords used by the Customer in connection with the Service.
- Eurona Brisknet reserves the right (at its sole discretion) to require the Customer to change any or all of the Connection Details used by the Customer in connection with the Service.
- The Internet
- The Service, if applicable, enables access to the Internet. The Internet is separate from the Service and use of the Internet is solely at the Customer’s risk and subject to all applicable laws. Eurona Brisknet has no responsibility for any information, software, services or other materials obtained by the Customer using the Internet.
- Eurona Brisknet reserves the right to vary Content from time to time by adding, removing, blocking or modifying Content as it thinks fit.
- Eurona Brisknet does not guarantee or warrant that any particular item of Content will be available at any given time.
- Eurona Brisknet may amend the Acceptable Usage Policy from time to time. An up-to-date version of the Acceptable Usage Policy can be found on Eurona Brisknet’s website.
- It is the responsibility of the Customer to ensure it is familiar with the terms of the Acceptable Usage Policy.
Eurona Brisknet Customer Complaint Procedure and Code of Practice
Eurona Brisknet aims to provide top quality broadband to its customers along with excellent customer service. Our Customer Complaint Procedure and Code of Practice has been put in place to provide our customers with information on how to make a complaint and also understand our approach when resolving it.
Lodging a complaint with Eurona Brisknet
Eurona Brisknet has agreed to provide its customers with broadband services in accordance with the Agreement and accompanying Terms and Conditions.
Despite our best efforts to provide you with an excellent service, sometimes the equipment may fail or the service may become interrupted for technical reasons.
If our service does not meet your expectations, we ask that you make your complaint to us as follows:
If you register a complaint via telephone, you may be asked further details about your complaint by an advisor. You may also be requested to forward further information to us electronically or by post, if necessary.
If we are unable to resolve the issue immediately via telephone or email, we will inform you of how long it is anticipated it will take to investigate and resolve your complaint.
You will be provided with a reference number for your complaint and the name of the person at Eurona Eurona Brisknet who is acting as your point of contact. We will keep you up to date on our efforts to resolve the matter as it progresses.
Eurona Brisknet will endeavour to resolve your complaint as soon as possible. If your complaint is urgent, it will be given priority and escalated appropriately.
Dealing with your complaint
Should you make a formal complaint regarding our service by contacting us in the manner outlined above, we will initiate the following procedure to resolve your complaint.
- Investigation stage: We will contact you at your convenience, should further information be required for us to resolve the complaint. You will be provided with a reference number for your convenience and records.
- Stage 1: Our advisors will investigate your complaint fully and undertake all reasonable efforts
to resolve it. If the complaint is not resolved to your satisfaction at this stage, it will be escalated to senior management.
- Stage 2: Senior management will consider the complaint and attempt to rectify the issue. Should the complaint remain unresolved, Eurona Brisknet will consider whether it is technically or economically feasible to resolve the issue, and inform you of our decision.
- No further action: If the complaint has still not been resolved to your satisfaction, we will inform you that no further action is to be taken and advise you of your rights under the Agreement and Terms and Conditions. At this stage you may wish to refer your issue to ComReg, the statutory body responsible for the electronic communications sector.
Eurona Brisknet will endeavour to resolve your complaint as soon as possible.
In respect of specific categories of complaint, we expect to have a complaint investigated and responded to within the following time scales:
Installation / Billing
Service issues / Repairs
We wish to emphasise that these timescales serve only as a guide. Some complaints may be technical and complex, requiring further time. If we are unable to comply with the above timescales, we will advise you of the anticipated timescale involved.
We will retain a record of your complaint for a period of not less than one year.
Our Consumer Complaint Procedure and Code of Practice does not affect your statutory rights as a consumer. You are free to seek independent advice from any of the following bodies regarding your complaint:
Commission for Communications Regulation (ComReg)
Block DEF, Abbey Court
Irish Life Centre
Lower Abbey St.
Competition and Consumer Protection Commission (CCPC)
PO Box 12585