Terms and Conditions
1. Facility 1.1 The Customer hereby agrees to avail of the Facility subject to the provisions of the Telecommunications Scheme and Data Protection Acts 1988 – 2003 (DPA) (as amended) in force for the time being and the provisions of any legislation applicable thereto (all together hereinafter referred to as “the Regulations”). 1.2 The Customer acknowledges that they are a Data controller as defined under the DPA on purchasing the Facility and Magnet will process Data as directed by the Customer. 1.3 Magnet will delete all recorded calls within 7 days of the call first being recorded. The Customer is liable to download and retain a copy of that call in compliance with their obligations under the DPA. 2. Installation The Facility shall be provided either by way of Full-Install (the installation of the Facility at the Premises by a Magnet Business technician) or, by way of Self-Install (the provision of a Kit by Magnet Business to the Customer to enable the Customer to carryout the installation itself). 3. Bundle Offers The Facility is or will be available in different levels of bundles. Each bundle has a particular level of content (e.g. minutes to national and international calls, minutes to mobile phones etc) and is governed by the Magnet Business Acceptable Usage Policy: The Customer shall select the bundle level it wishes to avail of and shall inform Magnet Business of its selection. The Customer agrees to be bound by the Acceptable Usage Policy. In the event that Customer usage represents excessive use of the Facility, Magnet Business may, without prejudice restrict usage or, request the Customer to select a bundle level more appropriate to its usage. In the event of the Customer refusing or neglecting to select an alternative bundle level of the Facility, Magnet Business may, upon due notice; terminate the provision of the Facility to the Customer. 4. Upgrade/Downgrade The Customer may upgrade during the Initial Period of Service or any subsequent contract periods. The Charges for the upgrade will be charged at the difference between current contract and upgrade pricing. A Customer may downgrade the Facility once the first 6 months of their Initial Term has expired. The Customer shall be entitled to one downgrade in any three month period and Magnet Business requires 30 days notice of such downgrade. 5. Emergency Calls Emergency calls to 112 and 999 will be directed to the emergency services but no guarantee can be made about the reliability of these calls. Customers should especially be aware that power outages are likely to render computer equipment and internet connectivity non-functional and therefore preclude use of the service for emergency calls. 6. Ancillary Services Ancillary Services means services such as credit/debit card machines and fax machines and monitored alarms. The Customer must inform Magnet Business that the Customer has such ancillary services. Magnet Business cannot guarantee that these services will continue to work if Magnet Business has not been informed that the Customer is utilizing these ancillary services at ordering. 7. Contract Period 7.1 This Agreement shall commence on the Ready for Service date and shall be for the Initial Period and shall continue thereafter on the same terms and conditions for successive periods (each, an “Extended Period”) of twelve (12) months (the Initial Period and the total number of Extended Periods together comprising the “Term”).This Agreement may be terminated after the Initial Period of Service or any Extended periods by giving Magnet Business not less than thirty (30) days written notice. If a Customer wishes to end this Agreement before the end of the Initial Period of Service, Magnet Business shall be entitled to charge the Customer fees which would have been payable by the Customer for the balance of the Initial Period of Service. 7.2 Once the Facility is activated irrespective of whether the Customer has implemented internal structures to utilise the Facility, the Customer shall be invoiced within 30 days of Ready for Service date. 7.3 If Magnet Business fails to begin invoicing as outlined in 8.2, nothing precludes Magnet Business from back invoicing from the RFS date. 8. Pre- Ready for Service. 8.1 The Customer may cancel the order for the Facility within 5 days of the order being accepted by Magnet Business. In the event of such cancellation by the Customer it shall be obliged to pay a cancellation cost which reflects the costs incurred by Magnet Business in the provision of the Facility to meet the RFS date. The Customer shall also be obliged to return any loan equipment which may have been provided to it by Magnet Business. Any equipment shall be returned to Magnet Business at IDA Business & Technology Park, Clonshaugh, Dublin 17, Ireland. In the event of any equipment not being returned to Magnet Business within ten (10) days of the cancellation of the Order for the Facility, the Customer shall be charged by Magnet Business and shall pay to Magnet Business such sum as agreed as being the charge payable in respect of the non-return of any Kit. 8.2 If the Customer cancels scheduled porting or scheduled engineer visits the Customer shall be obliged to pay €100 during the installation period (prior to the RFS date). 9. Cancellation 9.1 Once the Initial Period of Service and any subsequent contract periods is over, The Facility may be cancelled by providing Magnet Business with one (1) month’s notice in writing at any time. Please email firstname.lastname@example.org. Termination requests over the telephone, by fax, or letter are not accepted, only email is accepted. 9.2 If the contract is terminated during the Initial Period of Service or any subsequent contract term Magnet Business will invoice the Customer the rental charge for the remaining months in the contract. 9.3 If a porting request is received from another operator this shall be treated as a terminating event and the Customer shall be liable for any outstanding charges for the contract term.