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Our general terms of reference
Provision of Service
We will provide the service as agreed between us and in accordance with our
agreement. You must request of us, and we must agree, the level of service you
require so that we can plan to provide the service.
We will inform you of the date when the service is to be installed and available
for you to configure to your requirements and we will try to keep to this date.
You will have an agreed time period after our notification that the installation
is made to configure the service and verify its operation and in which to tell us
if there are any defects or errors in relation to the specification. The Service will
be accepted upon the expiration of the period and this will be the Acceptance Date.
If within the period you report error(s) then the Acceptance Date shall be as soon
as we rectify the notified error(s).
We may find it necessary to interrupt the Service (or some of them) for Planned
Outage and we will do our very best to give you at least 48 hours advance notice of
such interruption by e-mail or facsimile or telephone.
Providing you notify our technical department as soon as possible, we will work
to resolve a Service Outage as soon as reasonably possible. If the fault is not due
to your own actions or omissions then we will resolve the fault without additional
costs to you. In any other case we reserve the option to charge and you shall pay
additional fees based on the time and material spent by us in resolving the fault.
If you do not pay us any money due under this agreement or otherwise then we
reserve the right to suspend the Service until such time as all sums due to us
are paid. Such suspension will not affect your obligations to us under the agreement.
Your obligations
You will be responsible for the LAN environment where applicable. If you do
not receive our Managed Service then you will be responsible for the Service
Equipment. If you do receive our Soft-Touch Service you will be responsible for
the provision of adequate power and storage where applicable.
Where required you allow us to come onto your premises, as long as we give
you reasonable notice, as we see necessary to provide the Service and you will
ensure a secure, healthy and safe working environment for our staff while on site.
You will also:
- provide us with any information we may require so we can provide the Service
- house the Service Equipment in accordance with our instructions
- not alter, interfere with or remove the Service Equipment
- only use the Service Equipment for the Service
- comply with IP address allocation rules of RIPE
- on termination of this agreement return the Service Equipment to us in a
good state of repair and return the IP and class address allocation to us
- not use the Service to send or receive material which is offensive or
which breaches any law of the Republic of Ireland
- indemnify us and keep us indemnified against any claims and costs arising
out of your actions or omissions.
Duration of our agreements.
Our agreements for Services are for at least the Initial Period and automatically
continue unless ended appropriately by giving at least one Quarter written notice
to the other but not prior to the expiration of the Initial Period of the Service.
Our charges
We will charge you the amounts as detailed in our agreement with you, for
the Service ordered. You must pay these amounts to us without delay. If you
are more than 7 days late with any payment the whole amounts remaining due
under this agreement will be immediately payable by you and we may charge you
interest on that entire outstanding amounts. Interest will be calculated at
the rate of 4% above the Base Rate of Allied Irish Bank at the time and will be
payable for each day you are late in making the payment. You will be required to
provide us with a Direct Debit mandate for us to receive payments.
All charges are payable by you without deduction, condition, set off or claim.
Service Level Commitment
Excluding Planned Outages, the metallic path (copper wire) or if the fault is
not due to your own actions or Customer Equipment, we will try to ensure the
availability of the Service for 99.5% of time. If, in any calendar month Service
availability shall suffer due to Service Outages then we will credit your account
as follows for each of the service exhibiting a fault:
| Service Availability | Amounts Credited |
| 99.5% or more | Nil |
| Between 96.67% and 99.49% | 1 day rental charges |
| Between 93.34% and 96.66% | 3 days rental charges |
| Less than 93.33% | 5 days rental charges |
On crediting the above amounts we will have no further liability to you. Our
Service level commitment is one of the 'best' amongst IT services providers and
telecommunications carriers alike. It is a direct reflection of our service
delivery confidence in providing you with a non-stop business platform.
Technical Support Help Desk
Where applicable we provide you with 7 x 24 hour technical support from our
Network Operations Centre (NOC). Our NOC support Help Desk number is:
- 7 x 24 hours NOC technical support number: +353 (0) 1 466 0890
Equipment
When we provide you with Service Equipment , we own it. You are not allowed to
retain the equipment for any reason if we want it. You will not make any alteration
to the Service Equipment. We may charge you and you will pay for the costs of
rectifying any alteration, interference or removal of the equipment.
Intellectual Property Rights
We retain all intellectual property rights (including copyright) in all our
drawings, documents and information we supply. You may use them only for the
purpose of receiving the Service. You must not copy them or make any other
use of them. You will return them to us on request or on termination of the agreement.
What happens if you break an agreement?
If you break an agreement or become insolvent we will charge you for any losses
or costs (including our internal costs) we have to pay as a result. You must pay
us immediately any such amounts. We may also suspend, terminate or withdraw the Service.
Service Suspension
If we terminate, suspend or withdraw the Service because of your default or insolvency
then you will still have to pay us all normal charges prior to termination and
for the period of notice.
About changes to the agreement
We may change or add to the terms of the agreement for reason of legal
obligations. For any other changes we would give you reasonable written notice of
one month or more. If you did not agree with the changes we make you may terminate
the agreement at the end of the Initial Period and in such circumstances neither
party would have any continuing liability to the other save for accrued
but unpaid amounts due.
How we limit our liability to you
We always try to make sure that we provide a high level of service to you, but
we will not be liable if:
- we cannot provide the Service due to a failure or reduction in performance of
equipment owned, in possession of or operated by anyone other than us, or if there
is a failure or reduction in performance of routing to the Internet or any other
public or private network beyond the boundary of the network controlled by us.
- industrial action or events outside our reasonable control prevent us from doing this.
We will not in any event be liable to you for any indirect or consequential
loss or damage (whether financial or otherwise) including but not limited to any
consequential outage or loss, diminution or degradation of Service or supply whether
directly or indirectly caused by or as a result of Service Outage nor for any
loss of profit. In any event we are not liable for loss of data or for reinstating
any data or software.
In any event (other than death, personal injury, fraud or as provided in Part 1 of
the Consumer Protection Act 1987) or from a breach by us of our statutory duty
under section 4.1 and 11.4 of the Act, our total liability to you will be limited to
the amounts paid by you for the service in the Quarter in which you suffered the loss.
You must also notify us within one month of the loss or damage occurring, otherwise
we will not be liable in any event. With these limitations we can keep our prices low.
Ending the agreement
The agreement will end if either of us becomes insolvent or has given a Quarter
written notice to the other and all money due has been paid, even if any money has
not yet been invoiced. If either you or us give the required notice during the Initial
Period then the agreement shall end upon expiry of the Initial Period. Unless there
are exceptional circumstances we will give you at least a Quarter written notice that
the agreement has ended.
However, we may restrict or suspend the service at any time without giving you
notice if we believe it is necessary for business, security or legal reasons.
How we may use your information
You agree that, as long as we are still responsible for making sure we hold
your information safely, we may use any information we may have about you solely
to the extent necessary for:-
- Dealing with the services
- Monitoring and analysing the use of the services
In addition we may pass your contact information to our associated companies
(as defined in the Companies Act) for the purpose of informing you of new products
and services which we may offer from time to time. This does not include any data,
personal or otherwise, relating to your customers, unless we have your prior
express written permission.
You agree that we may reveal or transfer information we hold about you:
- To our agents or subcontractors
- If we may have to do so by law
General
We may transfer our rights or duties under the agreement to another organisation
(including organisations outside the European Economic Area). If we decide to do
this, we may let them have any information about you. We may also arrange for any
other person to carry out our rights or duties under the agreement. You may not
transfer any of your rights or duties under the agreement. We can delay enforcing
our rights under the agreement without losing them.
Notices
Any notice or other communication shall be sent to the address notified in
the agreement. It will be sufficient to show that the communication was properly sent.
Network-ie Limited
69 Lower Leeson Street
Dublin 2
Ireland
Office: +353 (0) 1 691 9911
Fax: +353 (0) 45 480018
Email: notice@network-ie.net
Governing Law
Our terms in our agreements are governed and construed in accordance with Irish Law
and the parties hereby submit to the exclusive jurisdiction of the Irish Courts.
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