Wherever these words and expressions appear in these Terms and Conditions of Service (each a "Condition" and collectively, the "Terms and Conditions") the following definitions shall apply:
"Account" means the account in which we record all your charges;
"ADD ON" means an additional service feature which can added to your standard monthly service for a fixed fee
"ADD ON Minimum Period" has the meaning set forth in Section 2.4.
"ADD ON Downgrade Fee" means the sum payable when downgrading your ADD ON service(s) in such circumstance as to reduce the monthly fee payable to us
"Charges" means charges to be paid by you relating to the Services or these Terms and Conditions according to the prices and rates set out in our price lists posted on our web site at www.homevision.ie from time to time or as otherwise notified to you from time to time and including without limitation the applicable Monthly Charge. Charges which are liable in arrears on a monthy basis irrespective of any promotional offers include outbound telephone calls billed on a per second basis, Video on Demand content and any other such additional services that HomeVision may choose to offer.
"Customer Care Scheme" means the Customer Care Scheme contained in the document entitled "Customer Care Scheme" and is available on our website at www.homevision.ie
"Code of Practice" means the complaints procedure contained in the document entitled "Code of Practice for handling consumer complaints" and which is available on our web site at www.homevision.ie.
"ServiceDowngrade Fee" means the sum payable when downgrading your services and/or package and/or product bundle in such circumstance as to reduce the monthly fee payable to us
"Equipment" means any line, vocodeice port, customer premises box, SMART card, set top box or other equipment or apparatus which is an integral part of our network and is provided by us from time to time as part of providing Services to you and others under these Terms and 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 Service 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" 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;
"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.
"Package" means the package of Services selected by you from our Telephone, 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 non recurring and usage based Charges are due monthly in arrears within the period advised on the billing invoice
"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, the Interactive Service, and the Television Service provided to you under these Terms and Conditions via the Network.
"Television Service" means the television programming Services, Program on Demand Services and/or audio Services provided to you under these Terms and Conditions
"Telephone Service" means the telephone services provided to you under these Terms and 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.).
"us" or "we" means 3PlayPlus Limited trading as HomeVision, with its principal place of business located at 12 Kilcarbery Business Park, Nangor Road, Dublin 22, Ireland, and whose website is located at www.homevision.ie
"VAT" means value added tax.
"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 Terms and Conditions
2.1 When They Apply
(a) These Terms and Conditions apply from the time that you complete this and sign this completed order form.
(b) These Terms and Conditions will apply jointly and severally to all those requesting Services and the word "you" shall be understood accordingly.
You must also pay a deposit if we request a deposit (see Condition 4.6 below).
2.3 Your Account
We will open an Account in your name and will apply charges to your Account. 2.3 (A) "Callout fee" means the sum payable to "us" for an engineer to visit a customer premises within or outside of the "minimum period" for HomeVision service (s). This fee is charged in all cases whereby a HomeVision engineer deems it applicable. The charge will apply in such cases to include, but not limited to factors outside our network and/or reasonable control and use of any equipment that is not provided or approved by the company. Any fault on HomeVision hardware i.e. modem or set top box from normal wear or tear i.e. internal fault only to any equipment supplied by HomeVision within 12 months will be replaced.
2.3 (B) "Warranty" refers to the timeframe HomeVision supplied equipment is guaranteed to be repaired within. All HomeVision supplied equipment has a 12 month warranty. Any fault occurring after the 12 month period a replacement fee and postage is required to be paid to "us" in order to post a replacement piece of equipment to your premises. You will also be required to post us back the faulty equipment to our premises at your own cost.
2.4 Minimum Period (a) The Minimum Period of Service for all Services is 12 months for all HomeVision Packages (if any) ("Minimum Period"). (b) Once the Minimum Period is over, you can end the Service by giving us one (1) month"s notice in writing at any time. 2.5 ADD ONMinimum Period (a) The ADD ON Minimum Period of Service is one (1) month for all HomeVision ADD ON Packages (if any) ("ADD ON Minimum Period"). (b) Once the ADD ON Minimum Period is over, you can end the Service by giving us one (1) month"s notice in writing at any time. 2.5 Credit Limit We may set monthly credit limits for Charges and may stop you using some or all of the Services if you go over 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. 2.6 Change to these Terms and Conditions We can change these Terms and Conditions if new laws or rules make it necessary. We will write and notify you one month in advance if we propose to change the Terms and Conditions. We can also change these Terms and Conditions for any other good reason. For instance, if at some future time we wish to have all our customers on the same Terms and Conditions for Services. We can also change the Charges. We will notify you one month before we do any change to these Terms and Conditions or to the Charges and will post the new Terms and Conditions and Charges on our web site (www.homevision.ie).
3 Providing the Service
3.1 We will use reasonable endeavours to provide the Services to you from the date they are activated on and subject to these Terms and Conditions and we will continue to do so unless and until the Services are terminated in accordance with these Terms and 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 Terms and Conditions. You are not permitted to resell, rent or share the Services to/with any third party.
3.3 We will supply the Equipment on and subject to these Terms and Conditions in accordance with Condition 8 below. You acknowledge that the Equipment shall be used by us to provide the Services to you and others.
3.4 We will endeavour to provide customer connections within a reasonable time of customer applications for a line and for services. Where customers are transferring from another operator, a connection will be provided within a reasonable time based upon transfer process from that operator.
3.5 We will try to make sure that the Services are always available to you in accordance with our Customer Care Scheme, 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 they may be affected by circumstances over which we have no control. If at any time the Service is affected or unavailable it shall not be a breach by us of these Terms and Conditions. If any of the phone, broadband and/or TV service(s) on a respective HomeVision package can no longer be provided within the minimum period of contract to due any reason outside of our control; this will result in the HomeVision package element of the service (s) being removed from the contract. However, the contract will remain in place for the remaining services. Example scenario: Customer is contracted for phone, broadband and TV. The line degrades over time and the line cannot support the broadband. The fault is reported to our customer care call centre. The call is logged and investigated. Any issue on our network or with our equipment and cabling supplied has been eliminated as a root cause of the problem. The findings of the HomeVision engineer are deemed as final in such matters. The issue lies outside of our network and control. The contract for HomeVision service(s) for the contract period is reduced from this date when the finding is final to TV and phone only at the current respective 'bundle' or 'HomeVision package' price.
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 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 or improper 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 us? 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 must immediately report to us your unauthorised reception of any channels or programmes; and (i) you must comply with any applicable export or re-export laws and regulations.
3.9 Unauthorised Use of Television Services (a) You may only use the Television Service for private residential 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 (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 3.9(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 and/or other intellectual property or related rights infringement committed by you or any other person in your home in connection with the Television Service.
3.10 Telephone Services If you request and accept a new Telephone Service, we will allocate a telephone number to your telephone line. From time to time we may need to change your number or code and we will try to give you reasonable notice if this is going to happen. Any rights in the telephone number belong to us and you may not sell or agree to transfer the number to any person.
3.11 Emergency Services HomeVision telephone service provides access to emergency services free of charge. However, our services are provided on an IP Protocol which depends on access to an electrical supply. In the event of a power failure our telephone services cannot access emergency services. In the event of power failure we advise customers to use alternative methods, e.g. mobile telephones, to access emergency services.
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.
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 non-exclusive, non-transferable, license to use such software solely in connection with the Services and the Equipment. This license 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 ?ou 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
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.
4.2 We have a monthly billing period and we will send you a bill every month. For monthly recurring charges, the bill will be for the month to come (i.e. in advance). 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.
4.3 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 4 % above the base lending rate of European Central Bank. We will use the base 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 Terms and 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 and in no way affect your statutory rights.
4.4 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.
4.5 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 should 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 Terms and Conditions) to you as soon as you have paid all Charges due under these Terms and 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 Terms and Conditions our only duty is to exercise the reasonable skill and care of a competent provider of telecommunications, Internet, television and other services. We have no other duty or liability to you of any description and we exclude all Terms and Conditions and warranties, other than those expressly set out in these Terms and Conditions, including any terms, warranties and Terms and Conditions implied by statute that can be lawfully excluded.
5.2 Except as set out in Clause 5.1 (but subject to Condition 5.3), our entire liability to you for any loss or damage however arising in connection with these Terms and Conditions will be limited to "2,000 for one incident or "10,000 for a number of incidents within any 12 month period.
5.3 Except as set out in Clause 5.1, we are not liable to you or any third party in any way for any loss of income, business, profits, or any indirect or consequential loss or loss sustained by you and/or any third party.
5.4 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.
5.5 We will not be liable to you if we cannot carry out our duties or provide the Services to you because of something beyond our reasonable control, nor shall we have any liability for interruption or discontinuance of services during such period as is reasonably necessary to effect reinstatement of service following a period of interruption or discontinuance caused by an event beyond our control.
5.6 The provisions of the Condition 5 shall apply even after the Services have ended.
5.7 Your sole remedy and our sole liability in the event of a discontinuance of services or interruption of same will be that no charges will be imposed by us during the period of such discontinuance or interruption and the payments made in advance by you will either be refunded or credited towards charges owed by you to us.
6. When We may Suspend or Disconnect the Services
6.1 We may suspend the Services without giving you notice if any of the following happening: (a) the Network or system we use to provide the Services breaks down or needs work doing on it. We will try to make sure this does not happen very often; (b) we are required to do so by any court or other competent authority; (c) you do not keep to these Terms and Conditions, or any other agreement with us, or you go over your credit limit (see Condition 2.5 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 with any other illegal or improper purpose, 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 Clause; or (i) you refuse to give us the deposit we ask for (see Clause 4.6) above); (j) you continue to exceed the stated data download limits for your broadband package following a written warning being sent to you. (k) for any other reason at our discretion.
6.2 You are still liable for all Charges during suspension or disconnection except in the circumstances described in Clause 6.1 (b) above or 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 We can charge you for reconnecting you to the Services except in the circumstances described in Clause 6.1 (a) or Clause 6.1 (b) above. We may also apply different Payment Terms to you as a condition of reconnecting you. We will notify you one month in advance of any proposed changes in the Payment Terms implemented, which you must as a pre-condition of reconnecting you.
7. When the Service Ends
7.1 You can terminate the Services during the Minimum Period if: (a) we increase our Charges so long as you may 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 one (1) month 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 Where we notify you of a change to our terms and Terms and Conditions and you no longer wish to avail of our services you may terminate the Services within one month of such notification.
7.3 We can end all or part of the Services immediately by writing to you if any of the following happen: (a) you break an important (in our reasonable opinion) Clause or a number of less important clause in these Terms and Conditions; (b) you break a less important clause in these Terms and Condition and do not put it right within seven (7) days of our writing to you and asking you to do so; (c) you make, or offer to make, an arrangement with your creditors; you commit an act of bankruptcy; someone brings a petition, receiving order, administration order against you to make you bankrupt. We can also end the Services if we think any of these things or something similar may happen; (d) any authorisation required or necessary to run the Network or to provide the Services is terminated or revoked; (e) we are specifically entitled to do so under these Terms and Conditions.
7.4 If the service is terminated by either party you must pay everything you owe on your Account before activation of service by a new provider to you.
7.5 Without prejudice to the generality of the foregoing we reserve a discretion to terminate at any time after the Minimum Period on not less than one month"s notice provided any funds paid in advance by you are to be refunded less any charges due to us.
7.6 Termination Prior to completion of Minimum Term You must provide us with 30 days notice in writing of your intentions to terminate the contract. A termination fee will be applied to your account. Name change on existing Contract Prior to completion of Minimum Term This is considered as a termination of the contract and a "Termination Fee" as outlined on HomeVision website will apply. However this fee may be waived if the following conditions are met. You provide us with 30 days notice in writing of your intentions to terminate the contract. If the other party completes a new HomeVision contract for services on the same telephone number by day 23 AND if all equipment, surplus to the new contract is returned by you within 14 days thereafter, then the "Termination Fee" may be waived. In these conditions are not met, then you are liable for the equipment ("350) and a "Termination Fee" may also be applied to your account After completion of Minimum Term You provide us with 30 days notice in writing of your intentions to terminate the contract. If the other party completes a new HomeVision contract for services on the same telephone number by day 23 then the services will remain active for the other party. Otherwise, all services will be terminated after day 30. It is your responsibility to return the Equipment within 14 days. Downgrade of Contract The removal or downgrade of a TV, broadband or the phone service will result in the application of a "Service Downgrade Fee". You must provide us with notice by writing of your intentions to downgrade your services. We will continue to bill you for the same services until the next billing cycle date. The removal of a TV, broadband or the phone ADD ON service will result in the application of an "ADD ON Downgrade Fee". You must provide us with notice by writing of your intentions to downgrade your services. We will continue to bill you for the same services until the next billing cycle date. Address change on existing contract This is considered as a termination of the existing contract and the start of a new contract. The "Address Move" fee as outlined on HomeVision website will apply in this scenario. However the "Termination Fee" may be waived if any of the following conditions are met. You provide us with 30 days notice by writing of your intentions to terminate the contract in your existing address. You must indicate that all services are to be terminated at your existing address. You complete a new contract with HomeVision for any service in your new address on an existing working telephone line i.e. a new telephone line installation is not required. If a working line is not available at your new address, then a new telephone line installation fee will apply. You are responsible for the return of the Equipment from the previous address. You provide us with 30 days notice by writing of your intentions to terminate the contract in your existing address. You must indicate that another party intends to continue service at your existing address. If another party completes a new HomeVision contract for services on the same telephone number by day 23 AND if all equipment surplus to the new contract is returned by you within 14 working days.
8.1 We will supply you certain initial Equipment to facilitate the provision and use of the Services. There will be no charge for the provision of the Equipment. Optional or additional Equipment requested by you will be subject to additional charges which will be notified to you in advance in writing.
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 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 Clause, our rights to take action for any breach of these Terms and 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 for any reason including termination in accordance with Clause 7, you shall return all the Equipment in it"s original packaging to us at your own cost within fourteen (14) days of the date of termination unless otherwise agreed in writing between us. If you fail to return all the Equipment, you will be invoiced for the cost of replacing the Equipment at its replacement value currently estimated to be "350. 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.
9.1 You may not transfer or try to transfer your Service or any of your rights and responsibilities under these Terms and Conditions. We may transfer any of ours without your permission, except where this would result in providing a lower quality Service to you.
9.2 We can record any conversations between you and our staff for training or validation purposes.
9.3 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 or make them available online via secure access.
9.4 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 Terms and Conditions in any other way.
9.5 Each of our rights, remedies and powers under these Terms and Conditions are cumulative and will not exclude us from any other right, remedy or power at any time.
9.6 If a clause or condition of these Terms and Conditions is not legally effective, the remainder of these Terms and Conditions shall be effective. We can replace any Condition that is not legally effective with a Condition of similar meaning that is.
9.7 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.
9.8 Unless expressly provided in these Terms and Conditions, no clause in them, is enforceable by any person who is not the purchaser of the Services.
9.9 These Terms and 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 Terms and Conditions.
9.10 Any dispute arising between the parties shall be referred by you initially to the Complaints Manager for the purposes of the Terms and Conditions in order that any such dispute may be resolved in good faith and any such dispute shall be conducted in accordance with our Code of Practice. For the avoidance of doubt and in the event of such a dispute, we shall continue to provide the Services in accordance with the Terms and Conditions unless otherwise requested by you.
9.11 The laws of Ireland will apply to these Terms and Conditions and any disputes will be settled exclusively in the courts of Ireland.
10. Homevision Fair Usage Policy
This Fair Usage Policy applies, where applicable, in conjunction with HomeVision"s Standard Terms and Conditions, The Price List and Fair Usage Policy, as detailed on www.homevision.ie HomeVision provides telecommunication services (The Service) to customers in the Irish market. Access to The Service is contingent on this Fair Usage Policy, which applies to all of our customers.
10.1 HomeVision services are provided for the customer and the customer therefore agrees to neither share the service, nor use the service to share HomeVision sensitive information with others.
10.2 HomeVision services may not be used for any activity which contravenes the laws of Ireland or any other applicable jurisdiction.
10.3 Customers may not use HomeVision services to seek to gain unauthorised access to HomeVision facilities, services or resources or to the facilities, services or resources of connected networks.
10.4 Excessive use of Free Calls or Flat Rate Offers (a) If you are an excessive user of all-inclusive or free call offers, you will then be charged our standard rates for calls and the service may be cancelled, or we may suspend your access to an all-inclusive or free time offer or move you to a different call rate plan, at our discretion.: (b) We consider 'excessive' use to be usage of more than 400 minutes free per month per service ie 400 minutes in total of either type, local or national geographic number calls. (c) In addition, and without limiting our rights under the Standard Terms or the relevant service description, where we consider your use of a free time or flat charge offer is unreasonable, then we may: (i) suspend your access to that or any other free time or flat charge offer, or (ii) suspend or cancel the service or your access to a value added service feature, (iii) move you to our pay as you go plan with standard tariffs in each case immediately and without notice to you. Please note that our right to suspend or cancel the service without notice to you under this clause overrides any requirement we may have to give you notice in other parts of the Standard Terms, (d) Without limiting the meaning of 'unreasonable', we supply the service and each of the value added services for the purposeof you: (i) making calls from your home phone, and (ii) receiving calls to your fixed line service on our network for your own personal use depending on call rate plan. (e) We consider your use of the service or a value added service feature, to be unreasonable if you: (i) make or receive calls or send or receive content on our network other than for your own personal use, as described in paragraph (b) above, (ii) wholesale any service (including transit, refile or aggregate domestic or international traffic) on our network, or (iii) use the service in connection with a device that switches or reroutes calls to or from our network or the network of any supplier, without obtaining our written consent first. We may give or withhold our consent, or make our consent subject to conditions, in our discretion. (f) We also consider your use of the service or a value added service feature to be unreasonable if you set up switch devices which overcome the time cap on free or flat call rates, thus keeping a line open potentially for hours and limiting the ability for other customers to access our network.
10.5 Customers may not use HomeVision services to create, host or transmit offensive or obscene material, or engage in activities which would cause offence to others on the grounds of race, creed or sex.
10.6 Customers may not use HomeVision services to create, host or transmit material which is designed to cause annoyance, inconvenience or needless anxiety to others.
10.7 Customers may not use HomeVision services to create, host or transmit material which is defamatory.
10.8 Customers may not use HomeVision services to create, host or transmit material which infringes the copyright of another person or organisation.
10.9 Customers may not use HomeVision services to engage in activities which infringe the proprietary rights of software.
10.10 Customers may not use HomeVision services to engage in activities which compromise the privacy of others.
10.11 Customers may not use HomeVision services to engage in activities which would destroy the integrity of computer based information.
10.12 Customers may not use HomeVision service to transmit unsolicited commercial or advertising material either to other customers or to other organisations connected to other networks, if the transmission of such material causes or is likely to cause annoyance.
10.13 HomeVision services are not intended for resale. Resale of services without making specific arrangements with HomeVision is not permitted. HomeVision reserves the right to take such action as it deems appropriate against customers who violate any conditions of the Fair Usage Policy. In such cases, services may be limited, interrupted or terminated after reasonable attempts have been made where appropriate to contact the customer.
This Fair Usage Policy will be amended from time to time as is deemed necessary. A copy of the policy will be made available to all new customers and the current policy will also be available over HomeVision web site. It is the customer's responsibility to ensure familiarity and observance of the policy