Magnet Entertainment – New Customers Terms and Conditions

 

MAGNET ENTERTAINMENT LIMITED

A pdf copy of these terms and conditions is available for download here.
Terms and Conditions of Service for Residential Television, Telephone, Internet and
Interactive Services
1. Definitions
Wherever these words and expressions appear in these terms and conditions of
Service (each a “Condition” and collectively, the “Conditions”) the following
definitions shall apply:
“Account” means the account in which we record all your charges;
“Boost” means the reconfiguration of the service to increase the upload and download
speeds of the connection.
“Charges” means charges to be paid by you relating to the Services or these
Conditions according to the prices and rates set out in our Price Lists posted on our
web site at www.magnet.ie from time to time or as otherwise notified to you from
time to time and including without limitation the applicable monthly and installation
charges;
“Equipment” means any line, voice port, customer premises box, SMART card, set
top box or other equipment or apparatus provided by us from time to time as part of
providing Services under these Conditions;
“Event” means each film, television programme or other event offered by us on the
Program on Demand Services;
“Interactive Services” means the Internet Services and certain other Services we
may provide to you from time to time using digital technology such as interactive
services and enhanced TV;
“Internet” means the global data network comprising interconnected networks using
TCP/IP (“Transmission Control Protocol/Internet Protocol”);
“Internet Services” means the Services provided to you by us using broadband
technology to enable you to gain access to the Internet and certain other Services
whether by a personal computer, television or other device;
“Minimum Period of Service” has the meaning set forth in Section 2.4;
“Monthly Charge” means any applicable monthly recurring charges associated with
the Services which shall be billed by us monthly in advance;
“Monitored Alarms” means a home alarm system that is connect to a phone line for
the purpose of reporting an alert to a centralised monitoring centre.
“Network” means the electronic communications network run by us or any of our
associated companies over which the Services are delivered;
“Operator” means any person authorised to provide an electronic communications
network or electronic communications service pursuant to the European Communities
(Electronic Communications Network and Services) (Authorisation) Regulations
2003 as amended;
“Order Form” means the relevant form of order or other such appropriate form for
the Services issued by Magnet which the customer completes and communicates to
Magnet.
“Package” means the package of Services selected by you from our Telephone,
broadband, Interactive and Television Services, any other Services we offer from time
to time and any replacement or variation of any Service;
“Payment Terms” means the terms by which we will manage your Account and the
methods by which you can pay the Charges.
All monthly recurring Charges are due monthly in advance and all nonrecurring and
usage based Charges are due monthly in arrears, payable within twenty one (21) days
of the invoice date;
“PIN” means Personal Identification Number automatically assigned to you when
you set up your Services;
“Price Lists” means the material published by us from time to time on our web site
and/or distributed by us which includes the prices and rates for the Services and
Equipment we offer including the usage rates for the Services;
“Program on Demand Services” means those cinema events and programmes that
you order and are subject to payment of a separate fee per Event;
“Services” means the Telephone Service, Broadband Services, the Interactive
Service, and the Television Service provided to you under these Conditions via the
Network;
“Television Service” means the television programming Services, Program on
Demand Services and/or audio Services provided to you under these Conditions;
“Telephone Service” means the telephone services provided to you under these
Conditions; that is the facility to make or receive a phone call, rental of the telephone
line and any other ancillary service for domestic use (ancillary services include any
other facility such as caller display, phone numbers, directory enquiries and operator
services.);
“Third Party Set Top Boxes” means a set top box provided by any other party other
than Magnet Networks.
“us” or “we” means Magnet Networks Limited, with its principal place of business
located at International Exchange Center, Clonshaugh Industrial Estate, Dublin 17,
Ireland, and whose website is located at www.magnetnetworks.com;
“VAT” means value added tax;
“VoIP” refers to Voice over IP (Internet Protocol) the protocol on which voice calls
are carried on an IP network, including the Internet.
“you” means the customer that orders our Services and includes any person who we
reasonably believe is acting with your authority or knowledge;
2. Our Conditions
2.1 When They Apply
(a) These Conditions apply from the time that we activate the Services
(b) These Conditions will apply jointly and severally to all those requesting Services
and the word “you” shall be understood accordingly.
2.2 Deposit
You must also pay a deposit if we ask for one (see Condition 4.6 below).
2.3 Your Account and On Line Sign Up
We will open an Account in your name and will apply Charges to your Account.
If you sign up on line we will open an Account in the name you provided and you
agree to be bound by the terms and conditions outlined herein.
2.4 Minimum Period of Service
The Minimum Period of Service for the basic Package is twelve (12) months starting
from the date we activate the Services unless otherwise specified in the signed order
form and the Minimum Period of Service for all other Services will be specified as
part of the relevant Package terms (if any)
(“Minimum Period of Service”).
2.5 Cancellation
Once the Minimum Period of Service is over, you can end the Service by giving us
one (1) month’s notice in writing at any time. Please email cancellations@magnet.ie
or fax 01 681 0005 marked for the attention of Cancellation Department or post to
Cancellation Department, Magnet Networks, International Exchange Centre,
Clonshaugh, Dublin 17. Termination requests over the telephone are not sufficient.
In the event that a customer requests cancellation of service whilst still in contract the
following termination fees will be applied in addition to a one month notice period.
Greater than 6 months until contract expires – €200
Less than 6 months until contract expires €100
If Magnet Entertainment receives a request from another provider to port your
telephone number this will be deemed to be a terminating event and you will be liable
for the cancellation fees as outlined above and all outstanding charges.
2.6 Credit limit
We may set monthly credit limits for Charges and may stop you using some or all of
the Services if you exceed a credit limit.
You should not use a credit limit for budgeting because the amount you owe us is not
to be regarded as being capped or limited by any credit limit we set.
2.7 Changes to these Conditions
We can change these Conditions if new legislation or regulations make it necessary.
We can also change these Conditions for any other good reason. For instance, if at
some future time we wish to have all our customers on the same Conditions for
Services.
We can also change the Charges. We will notify you one month in advance of making
any change to these Conditions or to the Charges and will post the new Conditions
and Charges on our web site www.magnet.ie.
2.8. VoIP Bundles
VoIP is 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). The Customer shall select the bundle level they wish to avail of and shall inform
Magnet Entertainment of their selection. Magnet Entertainment may, without
prejudice restrict usage or, request the Customer to select a bundle level more
appropriate to its usage.
The mobile bundle is for Republic of Ireland (Irish) mobiles only (083,085,086,087 &
089 numbers only).
2.9. Emergency calls to 112, 911 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.
2.10 The Customer may upgrade during the Initial Period of Service or any
subsequent contract periods. The Charges for the upgrade will the charged at the
difference between current contract and upgrade pricing. A Customer may not
downgrade during the Initial Period of Service or any subsequent contract periods.
3. Providing the Services
3.1 We will provide the Services to you from the date they are activated on and
subject to these Conditions and we will continue to do so unless and until the Services
are terminated in accordance with these Conditions.
3.2 We will provide the Services and the Equipment to you only if you are a
residential customer and you must use them for domestic purposes only. You will
ensure that all persons having access to the Services or the Equipment comply with
these Conditions. You are not permitted to resell the Services to any third party.
3.3 We will supply the Equipment required to provide the Services on and subject to
these Conditions in accordance with Condition 8 below.
3.4 We will endeavour to provide customer connections within ten working days of
customer applications for a line and for services. Where customers are transferring
from another operator, a connection will be provided within ten working days of
transfer from that operator on reasonable terms by that operator.
3.5 We will endeavour to ensure that the Services are always available to you,
however we do not guarantee that the Services will be fault free, available 100% of
the time, free of degradation or free of other problems that are beyond our control.
Sometimes the Services may be affected by circumstances over which we
have no control. If at any time the Service is affected or unavailable by circumstances
beyond our control it shall not be a breach by us of these Conditions.
3.6 If a fault in the Services or the Equipment occurs you should notify us by
contacting our customer management centre where a problem may be resolved over
the telephone or a technician may be sent out to investigate the problem. We are not
responsible for correcting problems which are connected with the use of any
equipment that is not provided by us (and in such circumstances, we may make a
reasonable call out charge to cover our costs).
3.7 The content of Television Services and Interactive Services may change and
certain data or channels may no longer be available from time to time. We shall not be
liable to you for any such changes, lack of availability or failure to transmit any
advertised television programmes or channels or any Interactive Services or to do so
at the advertised time.
3.8 Broadband speed is subject to availability, line quality and is based on an ‘up to’
speed. If your line cannot support the download speed requested, please contact
Magnet Entertainment and once verified Magnet Entertainment will provide you the
best available speed that your line supports and downgrade the contract to reflect the
speed you are able to achieve from the date of your contact.
3.9 Use of the Services and Equipment.
You agree to the following:
(a) you will not use the Services for anything illegal or let anyone else do so;
(b) you will not use the Services for anything immoral, improper or defamatory or let
anyone else do so;
(c) you will not use the Services to make offensive or nuisance calls or let anyone else
do so;
(d) you must only use Equipment that has been approved for use with the Network
and you must follow relevant laws and rules that apply to the Equipment and its use
by you;
(e) you will not connect any of your own equipment to the Network which may harm
it, the Equipment or equipment owned by other customers. If you do, you agree to
disconnect such equipment immediately on our request;
(f) you must give us any information we reasonably ask for;
(g) you must follow all reasonable instructions we give you about the Services and
our other facilities from time to time;
(h) you will comply with the Magnet Fair Usage policy as detailed on www.magnet.ie
(i) you must immediately report to us your unauthorised reception of any channels or
programmes; and
(j) you must comply with any applicable export or re-export laws and regulations.
3.10 Unauthorised use of Television Services
(a) You may only use the Television Service for private use. This means that you are
not permitted to copy, distribute copies, show in public or rebroadcast any part of the
television programmes or channels provided to you as part of the Television
Service except in limited circumstances (such as viewing in schools or copying for the
purposes of time shifting for private or domestic use).
(b) We may disable or alter some functions of the equipment to prevent you from
copying certain channels or programmes to prevent the unauthorised copying of such
Services. If the equipment used by you allows such copying, we may prevent you
from receiving the Services so as to prevent such copying if we are contractually
required to do so by a third party.
(c) As well as any other rights we may have, if you breach Condition 3.10(a), we may
suspend the Services and/or terminate the Services.
(d) You are responsible for any claims made against us or losses we may suffer as a
result of actual or claimed copyright infringement committed by you or any other
person in your home in connection with the Television Service.
3.11 Telephone Services
If you require a telephone service Magnet Networks may provide you with a
telephone number or alternatively you may keep the number that you currently have
and we will request that number from your current provider on signing a contract.
Free local and national calls are limited to 60 minutes per call. Calls over 60 minutes
in duration will be billed at the normal rate as quoted in www.magnet.ie/pricing for
minutes over and above. This excludes calls to premium and mobile numbers.
3.12 Promotional Services
If we supply you with any Services as part of a promotion or for promotional
purposes, whether or not for a Charge, we reserve the absolute right to terminate at
any time the supply of such Service or change the promotional Services, or packages
of Services, that we are supplying. We will notify you one month in advance of any
such changes.
Telephone Bundles may be billed passed the promotional period. A customer may
opt out of these bundles by telephoning Magnet’s customer service giving one months
notice.
If installation is included free of charge as part of a promotional offer and you
terminate this agreement prior to the end of the minimum period of service you shall
be charged the cost of the installation.
3.13 Software
Any software that we provide you with so that you can use the Equipment or the
Services belongs to us and remains at all times our property. You are granted a nonexclusive,
non-transferable, licence to use such software solely in connection with
the Services and the Equipment. This licence will automatically end on termination of
all Services or if you cease to receive the relevant Service or your right to use the
relevant Equipment ceases. You agree not to copy the software or make it available to
anyone else. You also agree not to reverse engineer, decompile or disassemble the
software except as permitted by law.
3.14 Access to Your Premises
You must allow anyone accredited by us, on production of official evidence of
identity and authority, reasonable access to your premises at reasonable times to
facilitate the set-up, delivery and/or discontinuation of the Services or for any purpose
relating to the Equipment. Where necessary you must obtain the permission of any
other person if that permission is required. You will ensure that you have all requisite
permissions for such access.
3.15 Security
We may provide you with PIN numbers, passwords or other security measures in
connection with your access to the Services.
You are responsible for keeping these safe and for their proper use. If you suspect that
any of them has become known to an unauthorised person you must inform us
immediately. Magnet Entertainment has not liability if there is a breach of your
security.
3.16 Third Party Set Top Boxes
We will endeavour to provide support to Third Party Set Top Boxes, however, we
shall not be liable to you for any lack of service due to your usage of a Third Party Set
Top Box.
3.17 Monitored Alarms
We are only able to provide connection for your monitored alarm with an engineer
installation.
3.18 Boost Function
Magnet cannot guarantee that your line would be eligible for boost. To boost your
line, your line performance will decrease for up to 1 minute to enable a line check.
This may affect any other equipment operating off your line such as T.V., telephone,
monitored alarms etc during that period.
3.19 Porting
Where this Agreement is terminated by the Customer for the purposes of availing of
Bitstream Port Transfer or any number port transfer, the transfer to another authorised
operator shall not come into effect until such time as the Customer has paid to Magnet
Entertainment all Charges due and owing, up to the date of termination together with
all Charges arising from such termination as set out in this clause 2.5 and 7.
Transferring to another authorised operator can only be facilitated where Magnet
Entertainment has a Number Porting Agreement in place with the relevant service
provider.
Provision of the Facility may result in temporary loss of telephone Service to the
Customer during the period in which initial installation of the Telephone Service is
taking place.
Subject to Clause 5.1 Magnet Entertainment warrants that the Telephone Service will
be provided with due care skill and diligence and any materials used will be sound
and reasonably fit for the purpose for which they are required.
Magnet Entertainment does not warrant that the Telephone Service will meet the
Customer’s requirements or that the operation of the Telephone Service will be
uninterrupted or error-free.
If another authorized operator requests a port out for a Magnet Entertainment
customer under EU Directive 2009/136/EC in one day, Magnet Entertainment has no
liability if the numbers ported fail or do not work once ported out of the Magnet
Entertainment network, otherwise a delayed port will take place.
4. What and How you Pay
4.1 Our published list of Charges is set out in the Price Lists. You must pay the
Charges for which we bill you together with any VAT and any other taxes (at the
applicable rates from time to time) which apply in relation to any Charges. Where
VAT has to be paid we have included it in the Charges at the current rate. Except in
the case of manifest error the Charges will be based on our information about your
use of the Services.
We reserve the right to assign all payments received or credits against the oldest
invoice on your account.
4.2 Billing
You will be able to view your bills on line for monthly recurring charges such as
voice and broadband packaged, equipment rental etc, the bill will be for the month to
come (i.e. in advance) and for usage based Charges, it will be for use made in the
month that has just passed and for any usage made at any earlier time if they have not
previously been charged for.
We reserve the right to change the billing period at any time.
If you do not wish view your bills online, you may opt to receive a paper bill and a
monthly recurring charge will be added to your invoice.
If we fail to bill you for a month or periods of months we may include these charges
in subsequent bills.
4.3 Interest
It is essential that you pay your bill by the date specified in your bill by the payment
method you have chosen. If you do not pay on time we can stop you using some or all
of the Services and charge you interest on what you owe at the prevailing EURIBOR
rate plus 5%. We will use the rate that was in force on the date of the bill and charge
you interest until you pay. You agree that if you do not pay a bill on time we can say
that you have breached these Conditions and we can terminate the Services
immediately. All these rights are in addition to any other legal rights we may have
against you which we may also rely upon.
4.4 Payment Terms
We can change the Payment Terms for any good reason, for instance, if you do not
pay your bills on time or if you pay your bills using credit cards that you are not
authorised to use or streamline payment dates.
4.5 Direct Debit
If you have chosen to pay by direct debit and your bank or building society is unable
to make payment in any month we reserve the right to cancel your direct debit facility
and demand a different method of payment. In these circumstances we may
charge an administrative fee to cover our reasonable costs.
4.6 Deposits
We can at any time ask you for a deposit (or an extra deposit) as security for the
Charges if, for example, we increase your credit limit (see Condition 2.5 above), the
Charges you are incurring have significantly increased, in our reasonable opinion, we
believe that your financial circumstances have substantially changed, or you are
consistently late in making your payments to us. At our absolute discretion, we can
keep the deposit until the end of the Services. If you do not pay this deposit, we may
suspend the Services until you do so or we may terminate the Services all together.
(a) We may use all or part of your deposit to cover anything else you owe us which is
overdue including, without limitation, any amount due for the replacement value
and/or costs of repair of Equipment;
(b) We will repay any deposit held (or the balance of any deposit where any part of it
has been applied by us in accordance with these Conditions) to you as soon as you
have paid all Charges due under these Conditions and the Equipment has been
returned to us (subject to your responsibilities in respect of loss or damage to the
Equipment under Condition 8.7).
(c) We will not pay you interest on any deposit you give us.
5. Limitation of Liability
5.1 In performing any obligation under these Conditions our only duty is to exercise
the reasonable skill and care of a competent provider of telecommunications, Internet
and television services. We have no further liability to you in tort, contract or
otherwise and including any liability for negligence or breach of duty whether
occasioned by the negligence of us, our employees or agents or otherwise and we
exclude all conditions and warranties, other than those expressly set out in these
Conditions, including any terms, warranties and conditions implied by statute that can
be lawfully excluded.
5.2 Nothing in these Conditions removes or limits our liability for death or personal
injury resulting from an act or omission by us or that of our employees or agents or
restricts any of our liabilities which cannot by law be excluded or restricted.
5.3 Except as set out in Conditions 5.1 and 5.2 (but subject to Condition 5.4), our
entire liability to you for any loss or damage for something we or anyone who works
for us does or does not do under or in connection with these Conditions, will be
limited to €2,000 for one incident or €10,000 for a number of incidents within any
twelve month period.
5.4 Except as set out in Conditions 5.1 and 5.2, we are not liable to you in any way for
any loss of income, business, profits, or any indirect, consequential, special, incidental
or punitive loss
5.5 Please write and tell us about any claim as soon as you can and always within ten
(10) days of any damage to or loss of property. Claims should be addressed to the
Customer Complaints Manager.
5.6 We will not be liable to you if we cannot carry out our duties or cannot provide
the Services to you because of something beyond our reasonable control.
5.7 The provisions of the Condition 5 shall apply even after the Services have ended.
6. When We may Suspend or Disconnect the Services
6.1 We may suspend the Services without giving you notice in the following
circumstances:
(a) the Network or system we use to provide the Services breaks down or requires
repair work. We will endeavour to ensure this does not happen often;
(b) we are required to do so by any court or other competent authority;
(c) you do not comply with these Conditions, or any other agreement with us, or you
exceed your credit limit (see Condition 2.6 above);
(d) we have reason to believe that you have provided us with false, inaccurate or
misleading information either for the purpose of obtaining the Services and/or the
Equipment from us or at any time during the provision of the Services and/or the
Equipment;
(e) you do anything that damages or puts the Network at risk, or you abuse or threaten
us or a member of our staff;
(f) you or another person at your premises uses the Services or the Equipment in
connection with involvement in fraud or attempted fraud, or we reasonably suspect
any such use;
(g) you fail to report any unauthorised reception of Services to us immediately;
(h) the number of calls or Charges for calls made by you has increased to such an
extent that it appears, in our reasonable opinion, that the Services are not being used
in a manner consistent with your previous use. We will make reasonable efforts to
contact you before suspending the Services in such circumstances but we are not
liable for any loss you may suffer through any suspension covered by this Condition;
or
(i) you refuse to give us the deposit we ask for (see Condition 4.6 above).
(j) if your invoice is overdue by 15 days or greater.
6.2 You are still liable for all Charges during suspension or disconnection except in
the circumstances described in Condition 6.1 (b) above, if the Network or system we
use to provide the Services breaks down for a reasonably long period of time or unless
we decide otherwise.
6.3 If the Customer is suspended no activity may take place on their account such as
porting number to other networks, upgrading of services. The suspension will be
revoked once all invoices are paid.
6.4 We can charge you for reconnecting you to the Services except in the
circumstances described in Condition 6.1 (a) or Condition 6.1 (b) above. We may also
apply different Payment Terms to you as a condition of reconnecting you.
7. When the Service Ends
7.1 You can terminate the Services during the Minimum Period of Service if:
(a) we increase our Charges so long as you give us one month’s notice in writing to
cancel those Services in respect of which the Charges have increased (you must give
us notice within thirty (30) days of the relevant price increase). During that notice
period, the increased Charges will not apply to your Account;
(b) we significantly reduce the content of the Services so long as you terminate the
affected Service by giving us one (1) month’s notice in writing within thirty (30) days
of such change.
7.2 We can end all or part of the Services immediately by writing to you if any of the
following happen:
(a) you breach any Condition, including but not limited to Conditions 3.9, 3.10 and
4.4;
(b) you make, or offer to make, an arrangement with your creditors; you commit an
act of bankruptcy or a petition, receiving order, administration order is brought
against you . We can also end the Services if we think there is a possibility of any of
the foregoing happening to you;
(c) any authorisation required or necessary to run the Network or to provide the
Services is terminated or revoked;
(d) we are specifically entitled to do so under another Condition;
(c) We amend the terms and conditions;
7.3 We may at our sole and absolute discretion excuse a breach providing the breach
is rectified in not more than 7 days.
7.4 If the service is terminated by either party you must pay everything you owe on
your Account.
7.5 If services are terminated, Magnet will endeavour to ensure that access to
emergency services remains available (subject to 2.9 above) for a period of 30 days.
8. Equipment
8.1 We will supply you certain initial Equipment to facilitate the provision and use of
the Services. Optional or additional Equipment requested by you will be subject to
additional charges.
8.2 The Equipment belongs to us and you must not give anyone else any rights over it.
We may add to or substitute it as necessary to provide the Services or for other valid
reasons. From time to time we may ask you to confirm the location of the
Equipment and you agree to respond to us promptly and in good faith.
8.3 You will need to prepare your premises in accordance with our reasonable
instructions before the Equipment can be installed and Services provided to you. You
will provide at your own cost, reasonable assistance and a suitable place and
conditions for the installation, provision, operation and maintenance of Services and
Equipment including without limitation a secure and safe electricity power supply
within your property (which shall be supplied by you at your own expense). We shall
not be responsible for faults arising in the Equipment or interruption in the provision
of Services caused by failures in the power supply.
8.4 During installation we may need you to facilitate cabling which may involve
transit though your premises. Any alterations will be agreed upon with you prior to
work commencing.
8.5 From the time we deliver the Equipment to you until you return it to us, you must
take reasonable care of it. You must not allow anyone (except personnel acting on our
behalf) to add to, interfere with or modify the Equipment in any way. As well as any
other rights we may have, such actions may result in our suspending the Services,
terminating the Services and/or our retaining the whole or part of any deposit.
8.6 If you breach any of the provisions of this Condition 8, our rights to take action
for any breach of these Conditions will apply.
This will include, without limitation, our right to suspend Services, terminate
Services, reclaim the Equipment, retain any deposit or require you to pay a deposit or
an increased deposit.
8.7 For the avoidance of doubt, you will not be responsible for any loss or damage to
the Equipment to the extent that it is caused by us, our employees, a manufacturing or
design fault or fair wear and tear.
8.8 When the Services end, you shall return all the Equipment to us at your own cost
within fourteen (14) days of the date of termination unless otherwise agreed. If you
fail to return all the Equipment, you will be invoiced for the cost of replacing the
Equipment at its replacement value. If you return the Equipment and you have not
taken reasonable care of it, you will be invoiced for the costs of repair, loss or damage
for which you are responsible. Therefore, we suggest that you insure the Equipment at
its replacement value.
9. General
9.1 You may not transfer or try to transfer your Service or any of your rights and
responsibilities under these Conditions. We may transfer any of ours without your
permission, except where this would result in a worse Service to you.
9.2 Under SI 207/2001EC(Protection of Consumer in respect of contracts made
by means of distance communication) you have 7 days cooling off period from
the date that you signed up to our service in which to cancel this agreement.
9.3 We can record any conversations between you and our staff for training or
validation purposes.
9.4 We will send all bills and notices for Services to your billing address and you
should send any notice to us to our address indicated on our invoice. You must tell us
straightaway about any change in the billing address. We allow 48 hours for you to
receive bills and notices through the post. You agree that after 48 hours we can
assume you have received the bill or notice. With your consent, we may be able to
send you bills and notices by e-mail.
9.5 Any concession or extra time that we allow you only applies to the specific
circumstances in which we give it. It does not affect our rights under these Conditions
in any other way.
9.6 Each of our rights, remedies and powers under these Conditions are cumulative
and will not exclude us from any other right, remedy or power at any time.
9.7 If a clause or condition of these Conditions is not legally effective, the remainder
of these Conditions shall be effective. We can replace any Condition that is not
legally effective with a Condition of similar meaning that is.
9.8 We may use credit reference agencies to help us make credit decisions or for fraud
protection. You agree that we may register information about you and the conduct of
your Account with any credit reference agency and that any such credit reference
agency may make decisions solely by automated means. For the purpose of fraud
prevention, debt collection and credit management, information about you and the
conduct of your Account may be disclosed to debt collection agencies, security
agencies, financial institutions or other phone companies. You also agree that we can
do those things that are permitted from time to time under our registration under
current data protection legislation.
9.9 Unless expressly provided in these Conditions, no Condition is enforceable by any
person who is not the purchaser of the Services.
9.10 These Conditions and all associated order forms represent the entire agreement
between us in relation to the Services.
Neither of us has entered into this agreement in reliance upon (and, to the extent
permissible under applicable law, we do not have any liability in relation) any
representations, term or condition not expressly set out in these Conditions.
9.11 Any dispute arising between the parties shall be referred by you initially to the
Customer Relations Manager for the purposes of the Conditions in order that any such
dispute may be resolved in good faith and any such dispute shall be conducted in
accordance with our Dispute Resolution Procedure. For the avoidance of doubt and in
the event of such a dispute, we shall continue to provide the Services in accordance
with the Conditions unless otherwise requested by you.
9.12 Laws of Ireland will apply to these Conditions and any disputes will be settled
exclusively in the courts of Ireland.

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