Residential Telephone The six counties Terms and Conditions
Gaelic Telecom agrees to make available to the Customer the Services described below on the following Terms and Conditions:
The headings set out in this Agreement are for convenience only and shall not affect its interpretation.
1. Definitions
The following words shall have the following meaning:
"Access Provider" shall mean the entity that provides the physical telephone line(s) across which the Service is provided and associated telephone number(s).
"Affiliate" shall mean a holding company, group company, or subsidiary direct or indirect, or a company which is under the common control with the company concerned.
"Agreement", shall mean these Terms and Conditions, the Customer Application Form, Gaelic Telecom Rate Sheet(s) which together constitute a legally binding agreement
between Gaelic Telecom and the Customer. The Agreement shall come into force once the Customer commences to use the Service as determined by us. On entering into the Agreement, you shall be deemed to have obtained the authority of the entity who leases the physical telephone line(s) across which the Service is provided, you shall also be deemed to have accepted that you are bound by the obligations as set out in Clause 5 and prescribed by the Carrier Pre-Selection Code of Practice.
“Carrier Pre-Selection” or “CPS” shall mean the service whereby the Customer is able to pre-select a service provider other than the Access Provider to
carry his/her calls according to the all calls option ‘All Calls’ (except for calls to emergency numbers 999 and 112, calls to code 199 and those starting with 13 and 17).
"Carrier Pre-Selection Code of Practice" shall mean the Code of Practice developed for the purpose of Carrier Pre-Selection and approved by OFCOM, a copy of which can be obtained by writing to Gaelic Telecom, Communications House, Barrow Street, Dublin 4, Ireland.
"Charge" means the monthly charge payable by the Customer to Gaelic Telecom to avail of the Service;
"CPS Residential Service" shall mean the provision by Gaelic Telecom of a residential telephone facility using Carrier Pre-Selection which shall enable the Customer to communicate with other parties from any residential phone. Carrier Pre-Selection options under the CPS Residential Service may vary from time to time. The Customer shall adhere to the obligations as set out in Clause 5 and those mandated by OFCOM for the purpose of Carrier Pre-Selection and detailed in the Carrier Pre- Selection Code of Practice.
"Ofcom" shall mean the national regulatory Authority for the telecommunications market in England.
"Customer" shall mean the person using the Service ("Customer" or "you").
"Customer Application Form" means a form completed by the Customer to approve a change of telecommunications service.
"Equipment" shall mean a telephone or other service provider equipment (including that of Gaelic Telecom) that is located on the Customer's premises.
"Gaelic Telecom ", "we" "us" shall mean Gaelic Telecom Limited, the provider of the Service under this Agreement.
"Gaelic Telecom Rate Sheet(s) " shall mean the information published from time to time by Gaelic Telecom in respect of the tariffs and rates for the Services.
"Network” shall mean the telecommunications system owned and operated by Gaelic Telecom in accordance with its licence granted pursuant to the Postal and Telecommunications Act, 1983.
"Service" shall mean the telecommunications service including the ability to receive and make telephone calls over the Network and to be charged for these calls and any other Services specified by Gaelic Telecom and in accordance with the Gaelic Telecom Rate Sheet(s) and the detail of Service set out in Schedule 1.
2. Service
2.1 For technical, operational and commercial reasons we shall be
entitled to vary the Service(s) and any aspect thereof at any time
2.2 Gaelic Telecom will endeavour to provide the Services on the telephone
line(s) as specified in the Customer Application Form within 15 working
days.
2.3 Gaelic Telecoms customer care number is 1890 929 929 which shall
operate in accordance to the Code of Practice
2.4 Gaelic Telecoms Code of Practice which outlines our complaints
and dispute resolution procedure is available on www.gaelictelecom.ie
or upon written request
3. Payment
3.1 The Gaelic Telecoms Rate Sheet(s), as amended from time to time
also forms part of the Agreement. The up to date Gaelic Telecoms Rate
Sheet(s) is available on our website at www.gaelictelecom.ie or upon
written request. We reserve the right to alter such rates and shall
notify the Customer of such a change by notice in writing and/or via
national newspapers and/or on the Customer bill 14 days in advance
of the implementation date of such change. All quoted rates shall
be inclusive of Value Added Tax
3.2 The Customer shall be charged monthly in arrears for calls or
otherwise as deemed appropriate by Gaelic Telecom for usage of the
Service(s). Any other usage of the Service shall be charged monthly
in arrears. As some usage of the Service(s) takes longer to bill,
you may be billed for charges incurred in a prior billing period
3.2.1 The first payment shall be due by the Customer pro-rated to
and corresponding with the period for which the Service has been activated
and consequently the first charge may be for a partial period in arrears
in addition to the regular charge period.
3.2.2 For the avoidance of doubt, you will receive a bill from Gaelic
Telecom for certain call types. You will continue to receive a bill
from your Access Provider for line rental and any services or calls
not covered by the Agreement
3.2.3 Customers will be issued a summary itemised bill as selected
from the Customer Application Form. A full itemised bill is available
upon request
3.3 In order to avail of the Service(s) the Customer agrees to pay
by Direct Debit. All sums due to us shall be paid in full by you within
seven (7) working days of the date of the bill. Gaelic Telecom reserves
the right to charge Customers an additional administrative fee for
any unpaid Direct Debits
3.4 Gaelic Telecom may from time to time require security for, or
advance payment in respect of any sum of money, fee, charge, subscription
or expense payable or to be payable by a Customer for the Services(s)
3.5 Should you disagree with any charges shown on your bill you are
requested to write or phone us before the date that payment is due
highlighting the charges that you are querying, all other charges
will remain due at the payment date. If the charges that you have
highlighted are incorrect then we will apply a credit to your account
in respect of any incorrect charges, if an amount remains outstanding
we will advise you of the amount and the new payment date Unless a
credit is issued the full amount remains due. Please refer to the
Code of Practice available on www.gaelictelecom.ie or upon request
for details of the dispute resolution procedure
3.5.1 All charges for the provision of the Service shall be calculated
by reference to the data recorded or logged by Gaelic Telecom. The
determination of Gaelic Telecom in respect thereof is final
4. Use of the Service – General
4.1 The Customer undertakes not to use the Service or the Equipment:
4.1.1 for any improper, immoral or unlawful purpose, nor cause any
nuisance by the use of the Service, nor allow others to use the Service
for any of the foregoing purposes in a way that may cause degradation
of service levels to other customers as determined by Gaelic Telecom
or put the Network at risk; or
4.1.2 for the transmission of any material which is, may be or is
intended to be a hoax or is of a defamatory, offensive, abusive, obscene
or menacing nature; or
4.1.3 for the infringement of intellectual property rights or trade
secrets of another party; or for the processing of automated personal
data as defined in the Data Protection Act, 1988
4.2 The Customer hereby agrees to avail of the Service subject to
the provisions of any Telecommunications Scheme directed by OFCOM
and in force for the time being and the provisions of any legislation
applicable hereto (all together hereinafter referred to as "the
Regulations"). Use of the Service by the Customer shall be deemed
to be an acceptance by the Customer of the terms and conditions of
this Agreement
4.3 You shall ensure that all persons having access to the Service
or the Equipment comply with the terms and conditions herein stated
4.4 You shall ensure that all equipment provided to you for accessing
the Service is maintained and kept in good working order
4.5 You shall comply and are bound by all conditions of any licence
under which the Equipment or the Service is provided
4.6 You shall comply with all reasonable instructions given to you
by us in relation to the use of the Services
4.7 You shall inform Gaelic Telecom of change of name, address and/or
telephone number
4.8 You shall indemnify and hold us harmless against all liabilities,
claims, damages, losses, expenses and proceedings howsoever arising
from or in any way connected with the use of the Service or the Equipment
including any claim by the Access Provider
5. Use of the CPS Residential Service
5.1 This Clause 5 shall only apply to the CPS Residential Service
using Carrier Pre-Selection.
5.2 You undertake:
5.2.1 to contact your Access Provider if you wish to initiate or change
call barring options;
5.2.2 to inform Gaelic Telecom if you have requested a new line from
your Access Provider to ensure that we can activate Carrier Pre-Selection
on your new line;
5.2.3 to inform Gaelic Telecom if you wish to alter the Carrier Pre-Selection
options provided under this Agreement. Any traffic not covered by
the selected options shall automatically be reverted to your Access
Provider unless you inform Gaelic Telecom otherwise;
5.3 The Customer may override the Carrier Pre-Selection options provided
under this Agreement by dialling the specific short code of the alternative
provider before the telephone number, subject to prior arrangement
with that alternative provider. Any usage charges incurred by means
of this override method shall be payable to the alternative provider
5.4 In respect of the 'All Calls' option under the CPS Residential
Service, the Customer shall be charged for usage of the 'call forward'
function
5.5 If the Customer wishes to change from the 'All Calls' option to
another option available under Gaelic Telecom's CPS Residential Service
(if available), the change to the new option shall be regarded as
a new Agreement between the Customer and Gaelic Telecom
6. Liability
6.1 We shall use all reasonable endeavors to ensure that the Service
is available for use by you in accordance with the standards for the
time being relating to the Service as set out in Gaelic Telecom’s
service literature but shall not be liable for any delay, failure,
interruption, or deterioration therein, howsoever arising including
any failure by the Access Provider. In the event that the Service
fails to operate and you divert traffic to another carrier, we will
not be responsible for those carriers’ charges
6.2 The Customer is solely responsible for preventing unauthorised
access to and use of the Services and Gaelic telecom shall have no
liability in this regard
6.3 We shall not be liable for any loss or damage of any kind caused
by the failure of the Service or Equipment due to the incompatibility
with the Service by equipment supplied by you
6.4 We shall not be liable to you or any third party in contract,
tort or otherwise for any financial loss whatsoever or for any indirect
or consequential loss howsoever arising in relation to the use of
the Service or the Equipment or any failure or error or default by
us in the provision thereof, or otherwise in connection with this
Agreement. Without prejudice to the generality of the foregoing, any
and all liability arising under the Sale of Goods and Supply of Services
Act 1980 is excluded to the fullest extent permitted by law
6.5 We shall have no liability under this Agreement for the acts and
omissions of other telecommunication operators
6.6 We shall not be liable for claims arising out of a breach in the
security or privacy of messages transmitted using the Service provided
by us unless the breach results from a wilful act or default of Gaelic
Telecom or its employees
6.7 This Clause 6 shall continue to apply notwithstanding termination
of this Agreement
7. Termination
7.1 The Customer shall have the right to terminate the Service within
five (5) days of signing the Customer Application Form if he wishes
to revert to the Access Provider or to switch to another provider.
The Customer shall be liable for any usage charges incurred prior
to his cancellation of the Service. No other cancellation charges
shall apply
7.2 We shall have the right forthwith to immediately terminate or
suspend the Agreement for due reason, including, but not limited to
if:
7.2.1 non-payment of charges in accordance with Clause 3 of the Agreement
shall be deemed a material breach giving Gaelic Telecom the right
to immediately suspend the Service or terminate the Agreement
7.2.2 the Customer is in breach of Clauses 4 and 5 above or of the
Agreement in respect of the Equipment
7.2.3 the Customer is in breach of any term of the Agreement or any
information supplied by the Customer to Gaelic Telecom is false or
misleading; or
7.2.4 we are obliged to comply with an order, instruction or request
of Government, OFCOM, an emergency service organisation or other competent
authority; or
7.2.5 you are suspected of involvement with fraud or acts, which are
of defamatory, offensive, abusive, obscene, menacing, unsuitable or
unlawful character in connection with use of the Service
7.3 While the Service is suspended you will be able to make calls
to emergency services 999 and 112 only. You will still have to pay
all charges due and any other reasonable costs and expenses which
Gaelic Telecom may incur as a result of such suspension and any subsequent
reconnection of Services. The suspension process is outlined in our
Code of Practice available on www.gaelictelecom.ie or upon request
7.4 The termination of the Agreement or default of the Customer hereunder
shall not affect any obligation of the Customer under the Agreement.
Without prejudice to the generality of the foregoing, on suspension
of the Service or termination of the Agreement, all charges accrued
by you shall become immediately due and payable
7.5 This Agreement is terminable by either party giving to the other
in at least fourteen (14) days prior written notice
7.6 Gaelic Telecom reserves the right to suspend the provision of
the Services on reasonable notice to the Customer where Gaelic Telecom
or any applicable third party needs to undertake any maintenance on
the Network or the Equipment provided that Gaelic Telecom or any such
third party shall use its reasonable efforts to minimise the duration
of any such suspension
8. Use of Information
8.1 In accordance with the Data Protection Act; or any amendment or
replacement thereof and the Carrier Pre- Selection Code of Practice,
any information obtained by Gaelic Telecom through an application
for or the use of the Service may be accessed and used by Gaelic Telecom
and its Affiliates for the purposes of credit references, accurate
billing and efficient operation of the Service, including disclosure
to the Access Provider in connection with the operation, suspension
and/or termination of the Service. The Customer shall be deemed to
have given consent for the use of his information for such purposes.
The use of such information for purposes other than billing and operation
shall be subject to the Customer's consent as given on the Customer
Application Form.
9. Miscellaneous
9.1 The Customer Application Form, these Terms and Conditions; the
Gaelic Telecom Rate Sheet(s); the Code of Practice as amended from
time to time and the schedule(s) to this Agreement constitute the
entire agreement between the parties in relation to the Service. In
the event of a conflict between these Terms and Conditions and any
of the other documents referred to these Terms and Conditions shall
prevail
9.2 Gaelic Telecom reserves the right to alter any terms of this agreement
and the Gaelic Telecom Rate Sheet(s) upon 14 days notice to the Customer
9.3 If any of the provisions of this Agreement are held to be unenforceable,
illegal or void in whole or in part the remaining portions of the
Agreement shall remain in full force and effect
9.4 Notices
9.4.1 Notices to Customer: Gaelic Telecom shall send all notices either
to the Customer's billing address as provided on Customer Application
Form or place same on the Gaelic Telecom website and this shall be
accepted as proper notification. All written correspondence from Gaelic
Telecom shall be deemed served 48 hours after posting or on earlier
proof of delivery
9.4.2 Notices to Gaelic Telecom: Gaelic Telecom's address for service
of any notice hereunder shall be Communciations House, Barrow Street,
Dublin 4 or such other address as we may specify
9.5 Assignment: The Customer may not assign this Agreement in whole
or in part without the prior written consent of Gaelic Telecom. Gaelic
Telecom may assign this Agreement to an Affiliate without consent
9.6 No Waiver: Failure by either party to exercise or enforce any
right conferred by this Agreement shall not be deemed to be a waiver
of any such right and does not operate so as to bar the exercise or
enforcement thereof, or of any such right or any other right on any
later occasion. Any deficiency in the Customer's authority to avail
of the Service or to use the Equipment shall not preclude reliance
by Gaelic Telecom on any of its rights under this Agreement
9.7 Force Majeure: Neither party shall be held in breach of its obligations
hereunder (except in relation to obligations to make payments) nor
be liable to the other party for any loss or damage which may be suffered
by the other party due to any cause beyond its reasonable control
including, without limitation, any act of God, failure, interruption
of power supplies, flood, drought, lightning or fire, strike, lockout,
trade dispute or labour disturbance, acts or omissions of Government,
highway authorities or other circumstances beyond the reasonable control
of Gaelic Telecom that prevents it from providing the Services
9.8 Continued use of the service constitutes acceptance of these Terms
and Conditions
9.9 This Agreement shall be governed by and construed in accordance
with Irish law and the parties hereby submit to the exclusive jurisdiction
of the Irish Courts.
Gaelic Telecom © 2004 V1.1
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