The following words shall have the following meaning: “Efone”, “we” “us” shall mean Efone Broadband Services Limited, whose registered address is at Roselawn House, National Technology Park, Castletroy, Limerick and its employees; “Efone Product and Price Guide(s)” means the information published from time to time by us in respect of the product details and prices for the LTE Service(s) and is available at www.Efone.ie or upon written request; “Acceptable & Usage Policies” means additional terms and conditions that govern the acceptable use of the LTE Service(s) by you and are available online at www.Efone.ie; “Agreement” means these Terms and Conditions; the Order; the Acceptable & Usage Policies; Efone Product and Price Guide(s) which together constitute a legally binding agreement between Efone and the Customer. The Agreement shall come into force once you start to use the LTE Service(s) as determined by us; “Authorized Installer” means any party authorized by Efone to install the Equipment but not the Customer; “Affiliate” means a holding company, Group Company, or subsidiary direct or indirect, or a company that is under the common control of the company concerned; “Ancillary Services” means call management services, for example call waiting or call forwarding applied to the telephone line and including equipment owned by you; “Charges” means all charges payable by you to us to avail of the LTE Service(s); the current Charge(s) are detailed in the Efone Product and Price Guide(s); “Customer” means the person who has entered into this Agreement with us to use the LTE Service(s) “Customer” or “you”); “Customer Authorization Form” means a form to be completed by you to take up the LTE Service(s); “Customer Address” means the residential location in the Republic of Ireland where the LTE Service(s) are provided; “ComReg” or “Commission for Communications Regulation” means the national regulatory authority for the telecommunications market in Ireland; “Connected Services” means services that are not provided by Efone and do not form part of the LTE Service(s) but which may use the phone line or broadband, for example alarm monitoring; remote monitoring; medical monitoring; telemetry of any kind; Content and Content services; TV services and other third party internet based services; “Content” means data, information, video, graphics, sound, music, pictures, text, code, scripts, photographs, software and any other material (in whatever form) which may be accessible by use of the LTE Service(s); “Equipment” means the equipment that is supplied by Efone to you when you subscribe to the LTE Service(s) that enables you to connect to the Network and access the LTE Service(s) and includes any other fittings, accessories and modifications thereto by us from time to time; “Internet” means the global public network based on a common communication protocol which supports communication through the World Wide Web; “Minimum Term” means the first eighteen (18) calendar months of the LTE Service(s) beginning from the Start Date; “Network” means the telecommunications system owned and operated by Efone in accordance with its authorization and the regulations set out by ComReg and any other amending or additional regulations or legislation or Codes of Practice (that are binding upon Efone); “Order” means an order made by you to us for the provision of the LTE Service(s) and includes, where necessary, a Customer Authorization Form and, where completed, a Direct Debit Mandate and such order may be made by the Customer in writing, on-line or via a recording of the call serving as a record of the customers consent. Acceptance of such order shall be at the sole discretion of Efone; “Start Date” means the date on which Efone provides LTE Service(s) to you or the date on which you use any part of the LTE Service(s) as determined by Efone, whichever is the earlier; “LTE Phone Service” means the routing of calls and telephone services through an IP-based telecommunications network accessed by you using approved electronic equipment and/or device(s); “LTE Broadband Service” means the service which may be provided through specific electronic equipment, and device(s), and that enables connection to the Internet over the Network; “LTE Services” means the telecommunications service provided by Efone including voice and broadband services supplied by us to you and in accordance with the Efone Product and Price Guide(s) and Acceptable & Usage Polices; The headings set out in this Agreement are for convenience only and shall not affect its interpretation.
1. COMMENCEMENT OF THE LTE SERVICE AND MINIMUM TERM 1.1 This Agreement shall commence on the Start Date and shall be for the Minimum Term of 18 months, after which the LTE Service(s) will continue to be provided by Efone on the terms of this Agreement unless terminated in accordance with its provisions. 1.2 On entering into the Agreement, you have confirmed to us that you are 18 years or over and have the authority to act on behalf of your household. 1.3 At any time within a period of fourteen (14) days from receipt of the Order by Efone, you are entitled to cancel the Order for any reason whatsoever on prior written notice to Efone (“the Cooling off Period”). You are liable for any usage charges incurred prior to this cancellation of the LTE Service(s). No other cancellation charges shall apply in respect of the Cooling off Period. 2. SERVICE 2.1 For technical, operational and commercial reasons Efone shall be entitled to vary, suspend or discontinue the LTE Service(s) and any aspect thereof at any time. 2.2 On acceptance of a valid Order from you Efone will provide the LTE Service(s) to you with all commercially Reasonable skill, care and diligence, subject to the payment of the Charges as set out at Clause 9 and the terms of this Agreement. 2.3 Efone will use its commercially reasonable endeavors to provide the LTE Service(s) by any date we indicate to you for that purpose, but all dates are estimates only and Efone will have no liability for any failure to meet any such date(s). 2.4 Efone does not warrant that the LTE Service(s) will meet your requirements or that the operation of the Services will be uninterrupted, timely, secure or error-free. The quality and the availability of the LTE Service(s) is subject to certain limitations, such as the proximity of base stations and other aspects that are outside Efone’s reasonable control including, but not limited to, man-made and/or geographic obstructions. 2.5 Efone does not warrant that calls will not be dropped; broadband sessions will not be lost; that transmission of data calls will occur at any particular speed or that any or all traffic can or will be transmitted by the Network. Efone does not accept responsibility for the security of broadband sessions or voice calls. The Customer conducts any broadband sessions or voice calls at its own risk and is solely responsible for adopting such appropriate security measures against unauthorized access to and interference with the Equipment (or associated software/hardware and data) or voice or data traffic as may be necessary. 2.6 Efone is not responsible for Connected Services. We give no warranty as to the availability, suitability, quality or the continuation of any Connected Services or in relation to suspension; discontinuation; re- commencement or lack of interruption thereof. Your use of Connected Services is at your sole risk and we will not be responsible or liable for any loss or damage suffered by you arising from the availability or use of such Connected Services with the LTE Service(s). 2.7 Efone will use its commercially reasonable endeavors to provide uninterrupted LTE Service(s) but from time to time faults may occur whether on the Network or otherwise and Efone does not accept any liability for any direct or indirect loss, damage or claims which may arise as a result of such an interruption or faults. 3. CUSTOMER CARE 3.1 Efone customer care number is 062-85421 and our address is Roselawn House, National Technology Park, Castletroy, Limerick. You can contact us by phone, by post or emailing us on email@example.com with regard to your account or your LTE Service(s). Calls to and from our Customer Support Centre may be recorded or monitored for training and other purposes. 3.2 Efone’s Code of Practice which sets out our complaints and dispute resolution procedure is available upon written request. 4. PROVISION AND INSTALLATION OF THE LTE SERVICES 4.1 On Order acceptance by Efone we will provide you with the use of Equipment for the duration of eighteen (18) months from this Agreement to facilitate connection to the LTE Service(s). You must take all reasonable care in the use and storage of the Equipment and at your own risk; cost and expense protect the Equipment from loss and damage. Title to the Equipment will at all times remain with Efone and you will be liable for any damage caused to or loss of the Equipment from the date of delivery to you. 4.2 The Equipment may only be used by you to connect to the Network. 4.3 Efone will use its commercially reasonable endeavors to deliver the Equipment to the Customer Address by the date we indicate to you, this is normally within twenty (20) working days from the date we accept your order, but all dates are estimates and Efone shall have no liability for any failure to meet any such date. You must inspect the Equipment immediately upon receipt and inform us in writing within five (5) working days of delivery of any damage or missing items from the delivery. 4.4 If you fail to take delivery of the Equipment (or fail to give us appropriate delivery instructions) then without prejudice to any other rights or remedies available to us, we may store the Equipment until actual delivery and charge you for the reasonable costs of same, including re-delivery as a result of a failed delivery. 4.5 If Equipment supplied to you is faulty you must return the faulty Equipment (in its original packaging and with any associated equipment and documentation) to Efone within twenty eight (28) days of receipt of the Equipment. We will (at our discretion) either repair the Equipment or supply you with replacement Equipment. If you fail to return the faulty Equipment to us within twenty eight (28) days, we reserve the right to charge you an unrecoverable Equipment charge. 4.6 Where you elect to install the Equipment, you must ensure when installing it that any Equipment connected to or used with the LTE Service(s) is connected and used in accordance with all applicable instructions, safety and security procedures as set out by Efone from time to time. Prior to installing the Equipment, you should read the installation instructions carefully and back up or save any data on your personal computer or other device. Efone does not accept responsibility for any failure by you to follow such procedures or failure by you to follow correct procedures in relation to your own equipment and/or its compatibility with the Equipment or the LTE Service(s). 4.7 The following terms apply where Efone or its agents or Authorized Installers install the Equipment on your behalf: 4.7.1 You will at your own cost ensure that the premises are suitable for the installation, use and accommodation of the Equipment. If you are not the owner of the premises on which the Equipment will be installed, it is your responsibility prior to the installation of the Equipment, to ensure you have received all requisite consents and authorizations from the owner of the premises to install the Equipment at the premises. We will assume no liability whatsoever arising from your failure to procure such consent. You acknowledge and agree that you shall fully and effectively indemnify and keep Efone indemnified for any costs incurred as a result of your breach of your obligation in this Clause. 4.7.2 In order to facilitate installation of the Equipment, you shall grant access to Efone or an Authorized Installer to the premises to allow for installation (and subsequently for the repair and maintenance) of the Equipment. Should you fail to grant access to the premises, you shall be responsible for all reasonable costs associated with the labor time lost and we shall not be responsible for non-provision of the LTE Service(s) as a consequence. 4.7.3 In the event the premises are not suitable for installation of the Equipment, it may be necessary to install additional Equipment to enable you to avail of the LTE Service(s). Any costs associated with the additional Equipment shall be borne by you in addition to the Charges. 5. YOUR OBLIGATIONS AND USE OF THE LTE SERVICE 5.1 You undertake not to use the LTE Service(s) or the Equipment: 5.1.1 for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the LTE Service(s), nor allow others to use the LTE Service(s) for any of the foregoing purposes in a way that may cause degradation of service levels to other customers as determined by Efone or put the Network at risk; or 5.1.2 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 5.1.3 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; as amended or 5.1.4 to engage in activities which, in the opinion of Efone, cause or are liable to cause disruption or denial of service to any third party internet or online user. 5.1.5 To run programs or servers that provide network services to others through the LTE Services (“web hosting”), which includes, but is not limited to, operating a web/mail/ftp server to serve external connections. 5.2 You hereby agree to avail of the LTE Service(s) subject to the provisions of any telecommunications scheme directed by ComReg or any other regulatory body and in force for the time being and the provisions of any legislation applicable hereto. 5.3 You shall ensure that all persons having access to the LTE Service(s) or the Equipment comply with the terms and conditions herein stated. 5.4 The LTE Service(s) are provided solely for your own use and you shall not resell the LTE Service(s) (or any part of the LTE Service(s)) to any third party. 5.5 Where software is provided to enable you to use the LTE Service(s), Efone grants you a non-exclusive, non-transferable license solely for the term of this Agreement to use the software for that purpose and you undertake to comply with and be bound by all conditions of the license under which the Equipment is supplied. 5.6 You shall comply and are bound by all conditions of any license under which the Equipment or the LTE Service(s) is provided. 5.7 You shall comply with all reasonable instructions given to you by us in relation to the use of the LTE Service(s). 5.8 You shall inform Efone in writing of any change of your name, address, email address and/or telephone number and/or Customer Address. We may charge you any reasonable costs we incur as a result of such change(s). 5.9 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 LTE Service(s) or the Equipment. 5.10 Efone may at its absolute discretion withdraw the LTE Service(s) from any Customer whose use of the LTE Service(s), either risks degradation of service levels to other customers, puts the Network at risk or where the usage of the LTE Service(s) is inconsistent with normal residential usage or, in the sole opinion of Efone, is for purposes that are not reasonably used or envisaged for usage by residential Customers. 6. LTE PHONE SERVICE 6.1 We will provide you with a new telephone number as part of the LTE Phone Service unless you have chosen to keep your existing telephone number. 6.2 If you would like to keep your existing telephone number you can move your number to the Network by means of porting your number from your current telecoms provider in accordance with ComReg regulations (“Number Porting”). Once the porting process commences it may not be possible to discontinue it. The porting process takes one working day to complete after your LTE Service(s) is installed. 6.2.1 Your request to port your number shall be as instructed by you on your completed Order. Your request to port your number serves as formal notice on your current telecoms provider of termination of your contract for all telephony services with them. If you cancel your telephone number directly with your existing telecoms provider then you may lose that number and Efone shall not be responsible for this. 6.2.2 When you port your number to Efone any Ancillary Services such as call waiting, call barring, voicemail, voicemail messages, data or facsimile services; on your line will not be transferred to the LTE Phone Service. We do provide other calling features with the LTE Phone Service as set out in the Efone Product and Price Guide(s) and any such additional features are available subject to successful application to us. 6.2.3 During the porting process there may be a period of outage of your existing telephone service, which will not exceed one working day in accordance with ComReg regulations (“Number Porting”). If there is an outage of your existing telephone service, Connected Services and any related or Ancillary Services, Efone will not be liable or responsible for any damage, loss, costs or expenses or other liability in contract, tort or otherwise direct or indirect incurred as a result thereof. 6.2.4 Upon termination of this Agreement, for whatever reason, we will port your number to your new telecoms provider provided a valid port request is received from your new telecoms provider and they are able to accept the number from Efone. 6.3 We do not provide a telephone directory service. 6.3.1 If you request, we will make your name, address and telephone number (as stated on your Order) available to the National Directory Database for the purpose of inclusion in telephone directories and a public directory enquires service. However, it is not the responsibility of Efone to maintain these databases. 6.3.2 You must notify us, in writing, the way in which your name, address, and telephone number is to be made available by the National Directory Database or if you wish to opt out of receiving telemarketing calls and if this is your wish then we will only disclose such information if and to the extent that we are legally required to do so or receive a request from ComReg or other regulatory authority. 6.3.4 We do not accept any liability whatsoever for a failure by the licensed operator responsible for the National Directory Database service to whom we provide such information to comply with any listing request that you make to us or to that licensed operator. 6.4.4 YOU MAY ACCESS THE EMERGENCY SERVICES WITH THE LTE PHONE SERVICE FREE OF CHARGE. IF THERE IS AN INTERNET OR ELECTRICITY FAILURE OR NETWORK INTERRUPTION FOR ANY REASON, IT WILLPREVENTALLVOICESERVICESSUCHASTHE LTE PHONESERVICEANDOTHERDATATRANSMISSION AND RECEIVING SYSTEMS FROM DIALLING THE EMERGENCY SERVICES AND ANY OTHER CONNECTED SERVICES, INCLUDING BUT NOT LIMITED TO ALARM SYSTEMS OR MEDICAL MONITORING SYSTEMS. CUSTOMERS SHOULD HAVE AN ALTERNATIVE MEANS OF ACCESSINGTHE EMERGENCY OR CONNECTED SERVICES IN SUCH INSTANCES INCLUDING FOR EXAMPLE HAVING A CHARGED MOBILE PHONE AVAILABLE. 6.5 NETWORK CONGESTION OR VARIATIONS IN THE SPEED OF THE NETWORK CAN RESULT IN IMPAIRMENT OR DELAY IN ROUTING CALLS TO EMERGENCY SERVICES OR CONNECTED SERVICES. IT IS YOUR RESPONSIBILITYTO INFORM ANY HOUSEHOLD RESIDENTS, GUESTS AND OTHERTHIRD PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE LTE SERVICE(S) OF THE IMPORTANT DIFFERENCES OF THE LTE PHONE SERVICE COMPARED WITH TRADITIONAL FIXED LINE PHONE SERVICES. 6.6 IT MAY NOT BE POSSIBLE TO DETERMINE ACCURATELY THE EXACT GEOGRAPHIC LOCATION OF A CALLER FROM THE LTE PHONE SYSTEM AS IT IS NOMADIC AND CAN BE USED IN VARIOUS LOCATIONS. THE EMERGENCY SERVICES (*999 OR *112 OR OTHER SUCH NUMBER) ORTHE OPERATOR MAY BE UNABLE TO DETERMINE YOUR PHYSICAL LOCATION OR ADDRESS INFORMATION. YOU SHOULD GIVETHEM THIS INFORMATION AS SOON AS THE CALL IS CONNECTED AS OTHERWISE THE EMERGENCY SERVICES MAY NOT BE ABLE TO RESPOND PROPERLY. 6.7 Efone does not have any control over and accepts no responsibility of any nature or extent for or the manner in which calls using our LTE Phone Service are answered or addressed by the emergency services or Connected Services provider or whether they respond at all. You shall defend, indemnify, and hold Efone and its Affiliates and agents and Authorized Installers and any other service provider who furnishes services to you in connection with the LTE Service(s) harmless, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal costs ) by, or on behalf of, you or any third party relating to the absence, failure, interruption or outage of the LTE Service(s), including the inability of any user of the LTE Service(s) to be able to access emergency services or Connected Services. 6.8 Efone will use its commercially reasonable endeavors to protect the security of your calls, however, the security of your calls is not guaranteed and we accept no liability with respect to call confidentiality. 6.9 If we identify, unusual call patterns, suspicious payment patterns or any usage that indicate that the LTE Service(s) is not being used in a manner consistent with normal residential usage or if we suspect a fraud is being committed. We may restrict your ability to make premium rate, mobile and international calls permanently or temporarily or suspend or terminate the LTE Service(s). We will make reasonable efforts to contact you before suspension or termination of the LTE Service(s). Efone will not be liable for any damage, loss, cost or expenses as a result of such suspension or termination. You are liable for all usage of the LTE Service. Further information on digital telephony telephone services can be found on the Commissioner for Communications Regulation (ComReg) website at http://www.comreg.ie/ (in particular see ComReg document number 05/50). 7. LTE CALL PACKS The following additional terms and conditions apply to Efone LTE Call Packs. Details of these packages are also set out in the Efone Product and Price Guide(s): 7.1 The LTE Phone Service allows you to make calls from your LTE Phone Service to any local and national fixed line number in Ireland including Northern Ireland (accessed using the (048) prefix) made at any time. 7.2 The calls and services will be charged at standard Efone rates as set out in the Efone Product and Price Guide(s). 7.3 Calling Time Guide: Peak – Calls made at or after 7a.m. and before 7p.m. on normal working days from Monday to Friday (inclusive); Evening – Calls made at or after 7p.m. and before 7a.m. from Monday to Friday (inclusive); Off-Peak – Evening and Weekend calls are classified as Off-Peak; Weekend – Calls made on Saturday, Sunday and Public Holidays. 8. LTE BROADBAND SERVICE 8.1 The LTE Broadband Service is available in a number of packages. The details of each package, including download speed, data usage allowances and the Usage Policy (defined within the Efone Acceptable & Usage Policy) are set out in the Efone Product and Price Guide(s) (the “LTE Broadband Package(s)”). 8.2 You acknowledge that the speed for each LTE Broadband Package are maximum speeds and are not guaranteed. Due to the shared nature of broadband access these speeds may be reduced from time to time due to other users. 8.3 You confirm that you have read and understand the Acceptable & Usage Policy and understand that it may be revised from time to time. The LTE Broadband Service may only be used by you in accordance with this Agreement and the Acceptable & Usage Policy which is available online at www.Efone.ie. 8.4 LTE Broadband Package(s) have a monthly data usage allowance, with a daily usage limit. If you reach your daily limit your service will be restricted until midnight of the same day. At the beginning of the next day, your service and usage will be reset. We apply these limits to ensure quality of service and a fair and level playing field for all customers. It’s not the intention to restrict user’s enjoyment of the service including downloading games as may be required on an occasional basis. At Efones discretion, occasional usage above your daily limit and during the hours of 12am to 7am will be allowed. If we notice continual, disproportionate or abnormal download or upload usage patterns, we reserve the right, upon due notice to, terminate the provision of your LTE Service(s). 8.5 Customers with specific needs outside of normal residential usage can contact us for bespoke solutions. Full details of the LTE Broadband Package(s) are as set out in the Efone Product and Price Guide(s). 8.6 You may change your LTE Broadband Package(s) to another package if available by giving thirty (30) days’ notice to Efone. A Charge will apply in respect of any such change as set out in the Efone Product and Price Guide(s).
9. PAYMENT 9.1 The Charges in respect of the LTE Service(s) are set out in the Efone Product and Price Guide(s). The current Efone Product and Price Guide(s) are available on-line at www.Efone.ie. We reserve the right to alter such Charges and will notify you of such a change by notice in writing, thirty (30) days in advance of the implementation date of such change. All quoted rates shall be inclusive of Value Added Tax (“VAT”). 9.2 In order to avail of the LTE Service(s) you agree to pay by Direct Debit, debit or credit card. You shall pay all sums due to us in full within seven (7) days of the date of the bill. You agree that you are liable for any Charges incurred on your account irrespective of whether those Charges were incurred by you or anybody else with or without your consent. Efone reserves the right to charge you an additional administrative fee for any unpaid Direct Debits, debit or credit card payments. Efone also reserves the right to charge administration fees in relation to cessation, connection and reconnection of the LTE Service(s), where required. Charges as are set out in the Efone Product and Price Guide(s). 9.2.1 Should a payment due by you fail for any reason, Efone shall apply an administration charge of €10.16 (inclusive of VAT) for each and every event of failure or as may be set out from time to time in the Efone Product and Price Guide(s). 9.2.2 Should your LTE Service(s) be disconnected by Efone following continued payment failures or non- payment, a reconnection charge of €25.41 (inclusive of VAT) will be levied and must be paid by you in each instance prior to reconnection by Efone or as may be set out from time to time in the Efone Product and Price Guide(s). 9.2.3 A once off connection charge applies to the LTE Service(s) as may be set out from time to time in the Efone Product and Price Guide(s). 9.3 You will be charged monthly in advance for all LTE Service(s) that have a fixed monthly charge. Any other usage of the LTE Service(s) shall be charged monthly in arrears or otherwise as deemed appropriate by Efone from time to time for usage of the LTE Service(s). We may alter your billing date or billing frequency. As some usage of the LTE Service(s) takes longer to bill you may be billed for Charges incurred in a prior billing period. 9.3.1 The first payment shall be due by you pro-rated to and corresponding with the period for which the LTE Service(s) has been activated and consequently the first Charge may be for a partial period in arrears in addition to the regular Charge period in advance. 9.3.2 You will be issued a summary itemized bill by email or by paper bill if you request it. 9.4 Efone may from time to time require security or advance payment in respect of any sum of money, fee, Charge, subscription or expense payable or to be payable by you for the LTE Service(s). 9.5 Should you disagree with any Charges shown on your bill you must write or phone us before the date that payment is due highlighting the Charges that you are querying, and unless otherwise agreed in writing by us all 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 following the application of a credit 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 on dispute resolution on-line at www.Efone.ie. 9.5.1 All charges for the provision of the LTE Service(s) will be calculated by reference to the data recorded or logged by Efone. The determination of Efone in respect thereof is final. 10. TERMINATION 10.1 Subject to the provisions of clauses 10.2 and 10.3 or as otherwise provided for in this Agreement this Agreement may be terminated by either party on thirty (30) days prior written notice to the other. 10.2 If the Customer terminates this Agreement or the LTE Service(s) or any of them, during the Minimum Term, including in circumstances where the customer is changing address, Efone may, without prejudice to its rights to treat the termination as a breach or repudiation of this Agreement, agree to accept such termination provided that the Equipment is returned in good order and that thirty (30) days prior written notice has been received of such termination and the Customer agrees to pay to Efone all outstanding charges accrued in full together with the termination charge of fifty Euros (€50) inclusive of VAT for early termination of the LTE Service(s). 10.3 Efone shall have the right to terminate or suspend the Agreement immediately for due reason, including, but not limited to: 10.3.1 non-payment of charges in accordance with Clause 9 above or 10.3.2 breach by the Customer of the terms of this Agreement or 10.3.3 if any information supplied by the Customer to Efone is false or misleading; or 10.3.4 if we are obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organization or other competent authority; or 10.3.5 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 LTE Service(s); 10.3.6 You are in breach of the Acceptable Use Policy. 10.4 While the LTE Service(s) are suspended or terminated you will be unable to make calls or access the internet. You will still be liable to pay all Charges due and any other reasonable costs and expenses which Efone may incur as a result of such suspension or termination and any subsequent reconnection of LTE Service(s). Please refer to the Code of Practice on dispute resolution on-line at www.Efone.ie. 10.5 The termination of the Agreement or default of the Customer hereunder shall not affect any obligations of the Customer under the Agreement. Without prejudice to the generality of the foregoing, on suspension of the LTE Service(s) or termination of the Agreement, all Charges incurred by you together with all Charges arising from such suspension or termination as set out in this Clause 10 shall become immediately due and payable. 11. LIABILITY 11.1 You are solely responsible for preventing unauthorized access to and use of the LTE Service(s) and Efone shall have no liability in this regard. 11.2 We shall not be liable for any loss or damage of any kind caused by the failure of the LTE Service(s) or Equipment due to the incompatibility with equipment supplied or used by you with the LTE Service(s) or the Equipment. 11.3 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 LTE Service(s) or the Equipment or any failure or error or default by us in the provision thereof, or otherwise in connection with this Agreement. Your statutory rights are not affected. 11.4 We have no liability under this Agreement for the acts and omissions of other telecommunication operators or Content providers. 11.5 We are not liable for claims arising out of a breach in the security or privacy of messages or calls transmitted using the LTE Service(s). 11.6 Equipment Warranty: Efone warrants to you that the Equipment will be substantially free from material defects under normal use (as determined by Efone) for a period of six (6) months from the date you receive the Equipment whichever shall be the earlier (“Limited Warranty“). This Limited Warranty excludes any defects resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, your failure to comply with Efones’ policies or other instructions issued by Efone, alteration or additions to the Equipment not approved by Efone, or any other cause beyond the commercially reasonable control of Efone. Repair or replacement, in Efones’ sole discretion, of the Equipment is Efones’ only responsibility and your exclusive remedy for breach of any warranty regarding the Equipment or the installation thereof. This Limited Warranty is personal to you and may not be assigned. Subject to the maximum period, the Limited Warranty for the Equipment shall terminate upon expiration or termination or expiry of this Agreement. 11.7 This Clause 11 shall continue to apply notwithstanding termination of this Agreement. 12. MAINTENANCE 12.1 You agree that from time to time it may be necessary for Efone to temporarily suspend the LTE Service(s) during periods of repair, essential maintenance or alteration or improvement to the Network or otherwise in accordance with law. Where reasonably practicable Efone will give the Customer notice prior to such suspension of the LTE Service(s) and Efone shall restore the LTE Service(s) as soon as possible after such suspension. Efone shall endeavor to carry out such work outside normal business hours. No liability will be accepted by Efone for any loss or damage arising as a result of an interruption in the LTE Service(s) during such maintenance or repair time. 12.2 You agree to notify us as soon as possible after a defect, fault or impairment in the operation of the LTE Service(s) is detected and Efone shall use it’s commercially reasonable endeavors to attend to the fault as soon as reasonably practicable as determined by Efone. We will do so during normal business hours at the Customer Address or at whichever location Efone considers the reported fault to be located. 12.3 Efone reserves the right to charge you additional fees for maintenance or repair where you prevent us from carrying out our maintenance or where the fault or defect resulted from any cause whatsoever which is beyond the commercially reasonable control of Efone, its employees and agents, or if in the sole opinion of Efone it arises from the willful neglect or default of you or of any of your suppliers; agents; or from your failure to comply with the provisions of this Agreement, or from fault in or other problem or damage to Equipment caused by you.
13. USE OF YOUR INFORMATION 13.1 In accordance with the applicable data protection legislation, any information obtained by Efone through an application for or the use of the LTE Service(s) may be accessed and used by Efone or its Affiliates for the purposes of account management, billing, debt collection, credit assessments, market research, customer profiling, product and service development, product and service marketing, customer care, efficient operation of the LTE Service(s) and other legitimate business purposes including disclosure to third parties in connection with the operation, suspension and/or termination of the LTE Service(s), for the purpose of installations, credit referencing, administration, account management, billing, customer profiling, market research, fraud prevention, debt collection, service and product development, porting and other legitimate business purposes. 13.2 We also provide relevant information, including information on the Customer and the usage of the LTE Service(s) by the Customer or from the premises where the Equipment is located when required to do so by law (for example under a court order) or in the course of threatened or actual court proceedings or in response to properly made demands in accordance with legislative or regulatory powers. Subject to this, disclosures will be made in accordance with applicable data protection legislation. 13.3 We or a third party acting on our behalf may contact you regard to information about our products and services by way of post, phone, fax, email or text message. If you do not wish to receive marketing and promotional material from us please contact our Customer Support Centre. 13.4 Your personal data will not be retained for longer than required for the purposes of its processing, subject to any limitation periods imposed by law. Further information on how Efone obtains, holds and uses such Customer information or data is available online in our Privacy Statement at www.Efone.ie which forms part of this Agreement. 13.5 You shall be deemed to have given your explicit consent for the use of your information for such purposes set out in this Clause 13. 14. MISCELLANEOUS 14.1 The Order; these Terms and Conditions; the Acceptable Use Policy; together with the current Efone Product and Price Guide(s) as amended from time to time constitutes the entire agreement (“the Agreement”) between the parties in relation to the LTE Service(s) and shall supersede any previous agreement(s) that may have been executed by you for the provision of the LTE Service(s) at any time. In the event of a conflict between these Terms and Conditions and any of the other documents referred to then these Terms and Conditions shall prevail. 14.2 The parties agree that the fact that this Agreement may be stored or exchanged or displayed or notified in electronic form shall not affect its validity. 14.3 Efone reserves the right to change any terms of this Agreement, the LTE Service(s) or any part thereof and the Efone Product and Price Guide(s) upon one (1) months written notice to you. You have the right to withdraw from this Agreement without penalty if you do not accept the changes. The continued use of the service after the effective date of the change shall be deemed acceptance of the change. The changes and Terms and Conditions shall then become applicable to you. 14.4 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. 14.5 Notices to Customer: Efone will send all relevant notices to your billing address and/or by email and/or by SMS text message to your mobile phone as provided by you on your completed Order and this shall be accepted as proper notification. All correspondence from Efone shall be deemed served 48 hours after posting or immediately on emailing or on earlier proof of delivery. Notices to Efone: Efones’ address for service of any notice hereunder shall be Roselawn House, National Technology Park, Castletroy, Limerick or such other address as we may specify. 14.6 Assignment: You may not assign this Agreement in whole or in part without the prior written consent of Efone. Efone may assign this Agreement to an Affiliate or third party at any time. 14.7 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 LTE Service(s) or to use the Equipment shall not preclude reliance by Efone on any of its rights under this Agreement. 14.8 Force Majeure: In the event of Force Majeure, Efone shall not be held in breach of its obligations hereunder nor be liable to the Customer or any other party for any loss or damage which may be suffered by the other party due to any cause beyond its commercially reasonable control including, without limitation, any act of God, failure, interruption of power supplies, flood, drought, lightning or fire, strike, lockout, trade dispute or labor disturbance, acts or omissions of Government, highway authorities or other circumstances beyond the commercially reasonable control of Efone that prevents it from providing the LTE Service(s). 14.9 Use of the LTE Service(s) or any part of them also constitutes acceptance of these Terms and Conditions. 14.10 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.