Terms and Conditions
1: Definitions - In these conditions
1.1 'Contract' means the contract for the supply of the Services from us (Euphony) to you, as set out in the Service Request Form and in these Conditions, as may be varied from time to time. We reserve the right to change this Contract (including our charges) at any time.
Notification of any changes will be communicated to you via our website and/or by written confirmation, giving you reasonable prior notice. If you do not agree with the changed Contract, you may terminate this agreement as stated under section 7.1. However, if you continue to use the Services after the date on which the change comes into effect, your use of the services indicates you agree to the changed Contract.
1.2 “Services” means the telephone or related services specified and to be supplied by us to you in accordance with these Conditions.
1.3 “We” or “us” means Euphony Communications Ltd.
1.4 “You” means the person to whom we supply the Services, as identified as the customer in the Service Request Form.
2: Basis of supply of service
2.1 We will supply the Services to you on the terms set out in the Contract.
2.2 Your application to receive the Services shall not be accepted by us unless and until it is confirmed in writing by us.
2.3 On confirming acceptance of your application, we will use all reasonable efforts to provide you with the Services by the date specified by us but under no circumstances shall time be of the essence.
2.4 On confirming acceptance of your application, we will use all reasonable efforts to contact your existing indirect telephone service provider or any other active subscription on your advised address to cancel such service but in the event that your existing subscription is not or cannot be, cancelled forthwith, the responsibility to meet any customer obligations (including the requirement to give notice to terminate the agreement) under the terms of your agreement with your existing service provider shall remain your sole responsibility and Euphony shall not be liable for any loss or damage, whether direct or indirect caused by the non-cancellation of your existing service.
3: Your obligations
3.1 You are obliged to...
3.1.1 pay all charges issued each month, whether or not you have authorised the use of the Services except for charges levied as a result of our error or omission, or charges arising as a result of the fraudulent activity of a third party for whom you are not responsible. This provided in each case that you inform us at the first reasonable opportunity of any fraud error or omission of which you become aware;
3.1.2 continue to pay your charges by Direct Debit if your Service so requires. Only in instances where your Direct Debit fails through no fault of your own is an ad hoc payment by cheque or credit card (only Mastercard and VISA) an accepted payment method for a Direct Debit mandatory Service, such payment being made within 28 days from the invoice date;
3.1.3 keep confidential passwords which you have chosen in connection with your account. We cannot disclose information about your account to your nominated 3rd party until we are satisfied as to their identity, and they have correctly quoted the password to us;
3.1.4 notify us if you change your name, address, telephone number or bank details.Provide reasonable assistance and co-operation at no cost to enable us to provide the Services.
3.1.5 Do not use our service for the following:
3.1.5.1 for the transmission of any material which is defamatory, offensive or abusive or of any obscene or menacing character; or...
3.1.5.2 ...in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including, but not limited to, the rights of copyright or confidentiality);
3.1.5.3 in a manner which allows third parties to interfere with or corrupts the Services in any way
3.1.5.4 in any other way which is in breach of all applicable legislation in the telecommunications sector;
3.1.5.5 comply with any reasonable instructions we may give you from time to time relating to use of the Services
3.1.7 indemnify us fully against all losses, damages, liabilities, expenses and costs (including legal costs) which we may incur as a result of any breach of your obligations contained in these Conditions or of any misuse by you of the Services.
3.2 It will be your sole responsibility to ensure that any telecommunications equipment not supplied by us is in good working order and complies with all applicable standards and approvals so as to enable us to supply the Services.
3.3 Acceptable Usage Policy: You must not use the Services which, in our opinion, either risks degradation of service levels to other customers, or puts us at risk, or is for purposes that are not reasonably expected of a residential customer, e.g. Telesales.
4: Charges and payment
4.1 Our charges for the services consist of:
4.1.1 fixed, periodic charge as specified on the Euphony services guide; and
4.1.2 variable call charges, the amount of which will depend on such factors as the number of calls, type of call (local, international, etc), length of calls, etc.
4.2 We reserve the right to increase or decrease our fixed charges and/or introduce new fixed charges from time to time. If we increase any of our fixed charges or introduce new fixed charges, we will give you reasonable prior written notice. If you object to any increase under this clause you may terminate this Agreement by giving to us not less than 14 days written notice.
4.3 The amount and calculation of all variable call charges is set out in a price list, a copy of which is available on request, and may be varied by us from time to time with or without notice.
4.4 All charges are exclusive of VAT, for which you will be additionally liable at the appropriate rate.
4.5 We will send you monthly bills in respect of all charges, which will be payable monthly without any set-off or other deductions according to the automated payment schedule for the Services requested, or within 28 days from the invoice date if paying by other means.
4.6 If payment is not made when due, we may, without prejudice to any other rights, charge interest at the rate of 3% above the base rate from time to time of the clearing bank nominated by us on any amount you fail to pay from the date when payment was due until the date of actual payment
4.7 Euphony reserves the right to charge, from the provided payment method, a provisioning charge incurred if the rejection of the service is due to refusal on the part of Eircom to accept the customer information provided.
4.8 For the avoidance of doubt, you shall continue to receive a bill from your Access Provider for line rental and any other services not covered by the Agreement.
5: Modification of services
5.1 We may at any time and without notice make changes to the Services which:
5.1.1 are deemed necessary by us to continue to provide the service to you; or
5.1.2 are necessary to comply with any applicable statutory requirement, or
5.1.3 as a precaution in circumstances where usage of the Services indicates excessive or uncharacteristic usage; or
5.1.4 do not materially affect the nature or quality of the Services.
6: Warranties and limitation of liability
6.1 We will:
6.1.1 use all reasonable skill and care to ensure the Services are of a satisfactory quality; and
6.1.2 correct any failures of the Services on becoming aware of them as soon as reasonably practicable, unless the failure is caused by a reason covered in Conditions
6.4.1 or 6.4.2 or by your failure to comply with any of your obligations and responsibilities in Condition 3 above; and...
6.1.3 to the extent that all or any part of the Services are faulty, unavailable, or interrupted, use our reasonable endeavours to provide the Services.
6.2 You will inform us promptly of any failure or defect referred to in Condition 6.1.2 and afford us a reasonable period of time to correct any such failure or defect.
6.3 We make no warranty that the Services will be wholly uninterrupted or problem-free or that our ability to supply the Services will be wholly unaffected by capacity constraints.
6.4 We will not be liable for:
6.4.1 being unable to provide the Services as a result of faults in your telecommunications equipment;
6.4.2 any failure of performance of the Services for reasons beyond our reasonable control, including (but not limited to) default of a third party (including another public telecommunications operator or maintainer or a telecommunications provider to us), failure in the supply of third parties’ access lines, acts of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade-dispute or labour disturbance, malicious damage, explosion, riot or civil commotion, burglary, housebreaking, the acts or omissions of governments or other authorities or other competent authorities or other events of force;
6.4.3 any loss of profits, revenue, business or anticipated savings, whether caused by negligence or otherwise;
6.4.4 any loss arising from harm or disruption caused to data;
6.4.5 any indirect, special or consequential loss, damage, costs, expenses or other claims arising from or in connection with the provision of the Services;
6.4.6 any costs incurred by you if you direct your traffic to another carrier in the event of a failure in the Services.
6.5 Except in the case of death or personal injury, in relation to which no limit applies any liability we may have of any sort (including any liability because of our negligence) shall in no circumstance exceed €10,000 in respect of one event or series of events arising from a common cause.
6.6 To the extent permitted by law any provider of services to us shall have no liability for any loss or damage suffered by you arising from the supply of services provided to you by us as such provider’s reseller.
6.7 We do not exclude liability in relation to death or personal injury caused by our negligence.
6.8 This Condition 6 sets out our entire liability in relation to the supply of the Services. All other express or implied terms, conditions or warranties (whether statutory or otherwise) are hereby excluded to the fullest extent permitted by law. THE CONTRACTUAL RIGHTS (IF ANY) WHICH YOU ENJOY BY VIRTUE OF SECTIONS 12, 13, 14 AND 15 OF THE SALE OF GOODS ACT, 1893 (AS AMENDED) AND SECTION 39 OF THE SALE OF GOODS ACT AND SUPPLY OF SERVICES ACT, 1980 ARE IN NO WAY PREJUDICED BY ANYTHING CONTAINED IN THIS AGREEMENT SAVE TO THE FULLEST EXTENT OF THE LAW.
6.9 The provisions of this Condition 6 shall continue in full force and effect after the Contract is terminated or expires.
6.10 Each part of this Condition 6 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply.
7: Termination and suspension of services
7.1 The Contract may be terminated by you at any time by giving at least one month’s prior written notice, except where a service is supplied subject to a minimum period.
7.2 We may in our absolute discretion suspend or terminate the provision of the Services or terminate the Contract with or without notice in particular if:
7.2.1 you are in breach of any of these Conditions;
7.2.2 we are obliged to do so in order to comply with an order, instruction or request of government, an emergency service organisation or other competent authority;
7.2.3 we cease to be able to supply the Services due to any cause beyond our reasonable control.
7.2.4 we have reasonable grounds for suspecting you of fraud or attempted fraud in connection with the use of the Services.
7.2.5 as a precaution in circumstances where usage of the Services indicates excessive or uncharacteristic usage;
7.2.6 if you fail to adhere to our Acceptable Usage Policy: see Conditions 3.3
7.3 You will reimburse us in respect of all reasonable costs and expenses incurred by us in the implementation of the suspension and/or subsequent recommencement of the Services.
7.4 Upon the termination or suspension of the Services all amounts you owe us for use of the Services shall become due and payable in full on demand and you will have no right to withhold or set off any such amounts.
8: Transferring this agreement
8.1 You may not assign or transfer the Contract or any part of it to anyone else without our prior written consent, such consent not to be unreasonably withheld.
8.2 We may transfer or assign the Contract at any time and will give you notice in any such event.
8.3 In the event that Euphony’s contract with its supplier is terminated for any reason then Euphony shall be able to assign this contract to its supplier.
9: General
9.1 The contract is governed by the laws of the UK.
9.2 No failure or delay by us or by you in exercising our respective rights under the Contract will be deemed to be a waiver of that right and no waiver by either of us of any breach of the Contract by the other shall be considered a waiver of any subsequent breach of the same or any other provision.
10: Notices
10.1 Your address for service will be the address to which you ask us to send bills. Both of us must provide written notice regarding a change to our respective addresses for service. We may also change our fax number and e-mail address for correspondence by written notice.
10.2 Any notice given in connection with the Contract shall be in writing and may be served by post, facsimile transmission or electronic mail.
Data Protection
Your agreement upon registering for a Euphony service.
You agree that Euphony Communications may search the files of a credit reference agency which will keep a record of that search. Details of how we/I conduct this account may also be disclosed to the agency.
This information may be used by other lenders in assessing applications from me/us and members of my/our household for occasional debt tracing and fraud prevention.
You agree that we may retain and process the personal information that you give to us including information relating to yourself, your address and other details for purposes including marketing, business creation and development, management reporting, and communications both manually and/or on a computer database and we will be the data controller for this information. You agree that we may disclose this information to other members of the Euphony group of companies (which may be situated inside or outside the European Economic Area) for various marketing purposes, such as, market research and direct marketing. Communication may be met by fax, e-mail, post or telephone.
If you do not wish to receive such marketing approaches please contact us.