SWIFTCALL SERVICE TERMS & CONDITIONS

for all products EXCEPT PSTN & DEDICATED INTERNET ACCESS (DIA) - see seperate Terms & Conditions  below for PSTN & DIA. 

 

These terms and conditions shall be governed and construed in accordance with the laws of Ireland DO NOT WRITE YOUR 4-DIGIT SECURITY PIN ON YOUR ACCOUNT CARD All references to “Swiftcall” below are to Tripleswift Limited T/A Swiftcall Prepaid PRE-PAID SERVICE

 

1. In order to protect access to the customer’s account from unauthorised persons, the customer: a) shall take care not to disclose account or security code numbers to another person, other than an authorised operator or technician employed by an approved telecommunications company for the purpose of programming software or equipment to access the Swiftcall system, or an employee or person authorised by Swiftcall. b) shall change the security code from time to time, or when the customer suspects the possibility of unauthorised present or future use of the account. In the case of suspected unauthorised use, the customer should inform Swiftcall immediately.

 

2. The customer agrees and undertakes: a) to use the service in accordance with these terms and conditions as may be varied by Swiftcall either by written notice or by notice published in the national press from time to time. These terms and conditions are published on the company’s website http://www.swiftcall.ie b) not to contravene the Postal and Telecommunications Services Act 1983 and 1984 or any relevant regulations or the provisions of any other applicable legislation or statutory instruments (including any amendments or modifications thereof). c) to indemnify Swiftcall against all liabilities, claims, damages, losses and expenses arising from any breach of the customer’s undertakings in 2(a) and 2(b) above. d) to give written notification to Swiftcall of change in address.

 

3. In the event that the Swiftcall service fails to operate and the customer diverts traffic to another carrier, Swiftcall will not be responsible for that carrier’s charges.

 

4. Neither party shall be liable to the other in contract, tort or otherwise for any loss of business, contracts, anticipated savings or profits or for any other indirect or consequential loss whatsoever provided however nothing shall exclude or limit liability for death or personal injury caused by negligence.

 

5. Disclosure of account details to persons other than the authorised employees of Swiftcall is entirely at the customer’s risk.

 

6. The customer shall be liable for all charges and fees arising from the use of the account whether authorised or unauthorised, unless such unauthorised use is solely attributable to an act or omission on the part of Swiftcall.

 

7. Subscriptions to the service are non-refundable. However, Swiftcall may refund on investigation, any subscription less bonus amounts and or free credit amounts, where it is shown that it was unable to provide its service to the customer.

 

8. Swiftcall will use its reasonable endeavours to provide its service to the customer. However, when Swiftcall is unable to provide its service to the customer, the customer is free to utilise another telecommunications service until access to Swiftcall is reinstated. Swiftcall will not be held liable for any charges or damages to the customer should the customer be prevented from accessing the Swiftcall system. Swiftcall may refund on investigation any subscription where it is shown that it was unable to provide its service to the customer.

 

9. Usage charges will be at the rates shown in the current pre-paid Swiftcall price list is shown on http://www.swiftcall.ie and are subject to change without prior notice.

 

10. Any credit on the customer’s account which remains unused within 60 days from the date such credit is made to the account shall expire and will not be available for use as credit. Expiration of a balance on an account with automated top-ups enabled will automatically trigger a new top-up to the account.

 

11. The minimum top up amount is €25 (or such other sum as may be specified from time to time).

 

12. The customers agrees that Swiftcall’s records are conclusive evidence of the customer’s use of the service and the charges payable. The customer accepts that use of the direct dial facility by any person making telephone calls from telephone number(s) nominated by the customer shall be deemed to be authorized by the customer and that the customer shall pay any charges arising from such use.

 

13. If any term or provision, or portion thereof, of this Agreement shall be invalid or unenforceable, to that extent it shall be deemed omitted or omitted to the extent necessary to render it valid and enforceable, the remainder of the Agreement shall remain unaffected and in full force and effect.

 

14. This Agreement represents the entire understanding between the parties in relation to the subject matter hereof and supersedes all other agreements made between the parties whether written or oral. No waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of any provision of this Agreement.

 

15. This Agreement may not be assigned in whole or part without the prior written consent of Swiftcall such consent not to be unreasonably with- held. Swiftcall may assign this Agreement at any time.

 

16. The termination of this Agreement howsoever arising shall not affect such of the provisions hereof as are expressed to operate or have effect thereafter.

 

17. Swiftcall’s address for service of notices is 12 Priory Office Park, Stillorgan Road,Blackrock,Co. Dublin,A94 N2V3


18. Use of the Swiftcall service constitutes acceptance of these terms and conditions.

 

19. All calls are subject to a minimum initial charging period of one minute.

 

20. There will be an administration charge of €20 applied to your account for any call history information requested outside 3 months from date of request. 

 

 

 

SWIFTCALL SERVICE TERMS & CONDITIONS FOR PSTN & DEDICATED INTERNET ACCESS.

“Access Provider” means the entity that provides access to the physical telephone line(s) and associated services across which the Services is provided;

“Affiliate” means a holding company, Group Company, or subsidiary direct or indirect, or a company that is under the common control with the company concerned;

“Agreement” means these Terms and Conditions; the Customer Authorisation Form; the Acceptable Use Policies; Swiftcall Rate Guide(s), the Code of Practice which together constitutes a legally binding agreement between Swiftcall and the Customer. The Agreement shall come into force once the Customer commences to use the Services as determined by us. On entering the Agreement, you shall be deemed to have obtained the authority of the entity who leases the physical telephone line(s) across which the Services is provided, you shall also be deemed to have accepted that you are bound by the obligations as set out in the Code of Practice;

“Ancillary Services” means call management services for example call waiting, call forwarding applied to the telephone line and including CPE, rental products for example telephone fixtures and accessories and bespoke services

“Carrier Pre-Selection” or “CPS” means 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’;

“Charge” means the rental, connection charge, disconnection charge, cancellation charge, termination charge and any other charge payable by the Customer to Swiftcall to avail of the Services; the current Charge(s) are available upon request.

“Content” means data, information, video, graphics, sound, music, pictures, text, code, scripts, photographs, software and any other material (in whatever form) which may be made available as part of the Services;

“Connection Charge” means the once off non-recurring charge payable by the Customer for initial provision and where applicable installation of the Services;

“Commencement Date” means the date on which Swiftcall establishes the Services or any part of the Services for the Customer or when you first start to use the Services, whichever is the earlier.

“ComReg” or “Commission for Communications Regulation” means the national regulatory Authority for the telecommunications market in Ireland;

“Customer” means the person or company using or who has used the Services (” Customer” or “you”);

“Customer Authorisation Form” or “Business Agreement” means a form completed by the Customer to approve a changeover to the Services;

“Customer Premises” means the location where the Services are provided;

“Disconnection Charge” means the once off non-recurring charge payable by the Customer for cancellation/termination of service, either for complete cancellation/termination of service or when moving service to another provider;

“DSL Line” means a digital subscriber line;

“Equipment” means the DSL modem and cable and/or a telephone and/or any other service provider equipment (including that of Swiftcall), comprising of inter alia software and hardware that is located on the Customer’s premises;

“Internet” means the global public network based on a common communication protocol which supports communication through the World Wide Web;

“Minimum Period” means the period for provision of specified Services to a Site commencing on the service commencement Date and ending not less than twelve (12) months or more thereafter unless otherwise specified in the Order Form;

“Swiftcall”, “we” “us” shall mean Swiftcall, whose registered address is at Brookfield House, Brookfield Terrace, Blackrock, Co Dublin A94 Y6N2, the provider of the Services under this Agreement and all its employees and agents;

“Swiftcall Broadband Service” means the provision of a DSL line at the Customer Premises to enable the customer to avail of high-speed Internet access.

“Swiftcall Rate Guide(s)” means the information published from time to time by Swiftcall in respect of the tariffs and rates for the Services and is available upon request.

“Kit” means equipment comprising of, inter alia, hardware and software;

“Line Maintenance” means the maintenance of the line in relation to faults.

“CPE” means customer premises equipment;

“Network” means the telecommunications system owned and operated by Swiftcall or any associated company (as principal or agent) in accordance with its authorisation pursuant to Regulation 5 of the European Communities (Electronic Communications) (Authorisation) Regulations, 2003 (S.I. 306 of 2003).

“Order” means an order made by the Customer to Swiftcall for the provision or alteration of the Services.

“Services” means the telecommunications service including the ability to receive and make telephone calls over the Network and to be charged for these calls, the rental of the telephone line(s) and any other Ancillary Services and bespoke business products including non-geographical services, the Swiftcall Broadband Service wherein the customer may opt for a mixed bundle package which would include telephone service and broadband service or customer may select to opt for a single service package where they select either the Swiftcall Voice Package or Swiftcall Broadband package and the service shall include any services from time to time and at any time specified and supplied by Swiftcall to the Customer and in accordance with the Swiftcall Rate Guide(s);

“Single Billing Service” means the service whereby the Customer can opt for “all Calls” CPS in tandem with a single bill including all call types, line rental and Ancillary Services – in accordance with the Regulations as set out by ComReg and any other amending or additional regulations or legislation or Codes of Practice, howsoever arising;

The headings set out in this Agreement are for convenience only and shall not affect its interpretation.

1. COMMENCEMENT & TERMS

1.1. This agreement sets out the terms and conditions on which Swiftcall of Brookfield House, Brookfield Terrace, Blackrock, Co Dublin A94 Y6N2. Swiftcall, website address www.swiftcall.ie will provide telecommunications services (the “Services”) to the Customer.

1.2. This agreement shall commence on the date the Services are provided by Swiftcall to the Customer (“Commencement Date”) and the contract shall be for the Minimum Period (” Minimum Period”)

1.3. Upon expiry of the Minimum Period, the Services will continue to be provided by Swiftcall on the terms of this Agreement unless terminated in accordance with the termination provisions set out at Clause 9.

1.4. These Terms and Conditions apply, where applicable, in conjunction with Fair Usage Policy.

1.5. By using the Swiftcall Services the Customer agrees to be bound by the terms and Conditions contained herein.

2. PROVISION OF THE SERVICES

2.1 Swiftcall shall provide the Services to the Customer upon receipt of an Order from the Customer, on the terms of this Agreement and with all reasonable skill, care and diligence, subject to the payment of the Charges as set out at Clause 7 hereof

2.2 Swiftcall be entitled to vary the Services and any aspect thereof at any time for technical, operational and commercial reasons. Swiftcall may vary these terms and conditions at any time. The Customer will be informed via the website of any changes as and when they apply. The customers agree that if they decide to use the Services after they have been informed of any amendments they are bound by these terms and conditions as varied subject to their right of termination as set out in Clause 9.

2.3. Swiftcall shall be entitled to change these terms and conditions during customer’s minimum period the customer acknowledges and accepts that their relationship with Swiftcall will be governed by the amended /revised Swiftcall Terms and Conditions provided Swiftcall will inform their customers via their website of the amendments and changes to their Terms and Conditions. The customers agree that if they decide to use the Services they are bound by these terms and conditions as varied subject to their right of termination as set out in Clause 9.

2.4 Swiftcall may vary any charges or rates, or charge the Customer for any taxes or duties imposed in relation to the Services at any time. Notice may be provided with the Customers bill, by mail or other means. You can request details of our prices at any time. All prices exclude VAT unless otherwise stated.

2.5 Swiftcall shall use all reasonable endeavours to provide the Services by any date indicated to the Customer, but all dates are estimates and Swiftcall has no liability for any failure to meet any date. The Customer’s statutory right of cancellation shall not be affected.

2.6 Swiftcall shall endeavour to provide the Service as specified in the Customer Authorisation within 10 days but does not warrant that connection will be made by then as it may take 30 days to provide some services. Broadband connectivity may take thirty days thereafter. Swiftcall shall use reasonable endeavours to provide the Services to the Customer but it shall not be liable to the Customer if it is prevented, hindered or delayed from providing the Services for reasons beyond its reasonable control

2.7 Swiftcall does not warrant that the Services in part or full can be provided or will meet the Customer’s requirements or that the operation of the Services will be uninterrupted or error-free.

2.8 Swiftcall will use all reasonable endeavours to provide uninterrupted Services but from time to time faults may occur whether on the Network or otherwise, and Swiftcall does not accept any liability for any direct or indirect loss, damage or claims which may arise as a result of such an interruption. Specifically, Swiftcall disclaims any legal liability for any direct or indirect loss or damage suffered by the Customer for any disruptions of or on any telecommunications system provided by the Access Provider, which are outside the control of Swiftcall.

2.9 The Service will be provided by Swiftcall once the service has been transferred from the Access Provider on terms acceptable to Swiftcall.

2.10 Should changes be implemented on the account in the form of provision or transfer of broadband, reductions in rates or charges, addition of services or any other significant change. The contract term is renewed from date of service or reductions in rates or charges for the minimum period as outlined on the original Business Agreement unless otherwise agreed

3. Customer Care

3.1 If the Customer has a complaint regarding the Services they may contact the Customer Services Team. Details of Swiftcall customer care number is available on the website www.swiftcall.ie or such other number as may be advised from time to time, which number shall operate in accordance to the Code of Practice.

3.2 All faults or requests will be reported to Swiftcall by the Customer but may require a site visit by the Access Provider. The relevant charges, if any, for Line Maintenance carried out on the line will be billed to the Customer by Swiftcall.

3.3 The Swiftcall Code of Practice which outlines the complaints and dispute resolution procedure is available on www.swiftcall.ie or upon written request

3.4 Any Service will be charged in accordance with the rates and methods provided to the customer. These charges may be provided in a Rate Guide, by any other methods if available, or within these Terms and Conditions and details of the Swiftcall’s rates are available on request.

4. USE OF THE SERVICES – GENERAL

4.1 The Customer undertakes not to use the Services, or the Equipment (collectively the Service):

4.1.1. For any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Services, nor allow others to use the Services for any of the foregoing purposes in a way that may cause degradation of service levels to other customers as determined by Swiftcall or put the Network at risk;

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;

4.1.3 For the infringement of intellectual property rights or trade secrets of another party;

4.1.4. For the processing of automated personal data as defined in the Data Protection Act, 1988;

4.1.5 To engage in activities which, in the opinion of Swiftcall, cause or are liable to cause disruption or denial of service to any third-party Internet or online user.

4.1.6 In a manner which in the opinion of Swiftcall in its absolute discretion makes abnormal demands on the Service or Telecom Network or facility from a single
connection.

4.2 The Customer hereby agrees to avail of the Services subject to the provisions of any Telecommunications Scheme directed by ComReg 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 Services by the Customer shall be deemed to be an acceptance by the Customer of the terms and conditions of this Agreement

4.3. The Customer shall ensure that all persons having access to the Services or the Equipment are authorised and will comply with the terms and conditions herein stated

4.4 The Services is provided solely for the Customer’s own use and the Customer shall not resell the Services (or any part of the Services) to any third party. Services are made available to the Customer on strict condition that the Customer does not re-supply or resell or otherwise make Services available to any person on an arms-length commercial basis, and that the Customer does not use or allow others to use the Services for any improper or unlawful purpose or in any manner that is offensive or unlawful. The Customer agrees to indemnify Swiftcall against any claims, losses, damages, costs, liabilities and expenses (including, without limitation, legal costs and expenses) resulting from any such actions in relation to the Services provided to the Customer whether engaged in by the Customer or any other person.

4.5 The Customer shall ensure that all equipment provided to them or by them for accessing the Services is maintained and kept in good working order. If the customer damages any equipment provided to them by the company for accessing the services, the company may charge the customer for the replacement cost.

4.6 The Customer is bound to observe the confidentiality of the connection details and is therefore responsible for the security thereof.

4.7 The Customer shall observe the provisions of Swiftcall’s Fair Usage Policy as amended from time to time.

4.8 Where software is provided to enable the Customer to use the Services, Swiftcall grants the Customer a non-exclusive, non- transferable license solely for the term of this Agreement to use the software for that purpose and the Customer undertakes to comply with and be bound by all conditions of the license under which the Equipment or the Service is supplied.

4.9 The Customer shall comply with all reasonable instructions given to them by Swiftcall in relation to the use of the Services.

4.10 The Customer must keep confidential all passwords they have nominated in connection with the Services and equipment provided by Swiftcall. 4.7. The Customer shall inform Swiftcall in writing or by email of any change of name, address, email address and/or telephone number.

4.11 The Customer shall indemnify and hold Swiftcall harmless against all liabilities, claims, damages, losses, expenses and proceedings howsoever arising from or in any way connected with the use of the Services or the Equipment by anyone including any claim by the Access Provider.

4.12 The Customer shall ensure that all equipment provided to the Customer for accessing the Services is maintained and kept in good working order.

4.13 The Customer shall comply and is bound by all conditions of any license under which the Equipment or the Services is provided.

4.14 Customers Application. In considering the customer’s application for provision of services, Swiftcall may search the Customers record through a credit reference agency. The agency/agencies may add to the Customers record details of Swiftcall search and the Customers application. This may be seen by other organisations carrying out later searches.

5. PAYMENT

5.1. The Swiftcall Rate Guide(s), as amended from time to time also forms part of the Agreement. The current and up-to-date Swiftcall Rate Guide(s) is available upon written request. Swiftcall reserves the right to alter such Charges, or to charge the Customer for any taxes or duties imposed in relation to the Services at any time and shall notify the Customer of such changes by notice in writing and/or via national newspapers and/or via their website and/or on the Customer bill, fourteen (14) days in advance of the implementation date of such change. All quoted rates shall be exclusive of Value Added Tax unless otherwise stated. The Customer can request details of Swiftcall’s Prices at any time.

5.2. Swiftcall will bill the Customer for Services in accordance with the relevant terms, tariffs, rules and charges in force at the time the Services are used, details on which are contained in Swiftcall’s Rate Guide and which is available upon request. All Swiftcall charges are expressed as a rate per minute but charged per second unless otherwise stated and rounded to two decimal places. Swiftcall will not charge the customer a call connection fee except for certain destinations, for example non –geographical and premium rate services, details of the connection charges for these certain destinations will be highlighted on Swiftcall rate guide. Swiftcall may set a minimum charge per call, details of any minimum call Charges will be available on Swiftcall’s rate guide.

5.3. Swiftcall will bill the Customer for all Services supplied by them to the service numbers nominated by the Customer.

5.4. Swiftcall may charge for additional optional services such as installation costs, paper bills, and/or monthly recurring charges which may apply. Details of these charges will be made available on request.

5.5. The Customer shall opt to have their bills paid by way of a direct debit from an account held by them at an approved financial institution if a direct debit or cheque is dishonoured or cancelled Swiftcall shall pass on any administration fee to the customer, which may include third party charges. Swiftcall reserves the right to charge Customers an additional administrative fee for any unpaid Direct Debits and to charge a late fee per month every month there is a past-due balance. Swiftcall also reserves the right to charge fees in relation to cessation, connection and reconnection of the Services, where required. All rates are subject to the customer successfully paying by Direct Debit. If the Direct Debit is cancelled Swiftcall reserves the right to charge customers non-direct debit rates.

5.6 All sums due to Swiftcall shall be paid in full by the Customer within ten (10) days from date of invoice. Timely payment of the Charges pursuant to the Terms is a condition of this Agreement. Provision of the Service shall be conditional on the Customer making all necessary arrangements to pay for the Service on time and by the means approved by Swiftcall.

5.6.1 If the customer switches to Swiftcall from another provider Swiftcall will not be liable for any early termination charges, installation charges or any charges that might arise from the customer breaching/terminating a prior contract with a previous supplier. The customer will be solely and fully responsible for any charges that might arise from terminating their contract with the previous supplier.

5.7. The Customer shall be charged monthly in advance for rentals and any other usage of the Services shall be charged monthly in arrears or otherwise as deemed appropriate by Swiftcall from time to time for usage of the Services. The first payment shall be due by the Customer pro-rated to and corresponding with the period for which the Services 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 for line rental and in arrears for any other usage of the services.

5.7.1 Swiftcall may vary the billing frequency at any time by giving you prior written notice. The Customer must pay any bill by its due date, as stated on the bill. The Customer agrees that Swiftcall records are conclusive evidence of the Customers use of the Services and the charges payable. In particular, though without limiting this clause, the Customers accept that any supply of Services to any person making telephone calls from the numbers nominated by the Customer is deemed to be authorised by you and that you must pay any charges arising out of that use.

5.8 Swiftcall will provide the customer with a single bill for all calls Swiftcall carry on behalf of the Customer (regardless of the number of carriers involved in the Customers carrier mix).

5.8.1 When the Customer transfers to the Single Billing Service all appropriate Ancillary Services will also be transferred to Swiftcall and the Charges for these services will be billed to the Customer by Swiftcall and are detailed in the Swiftcall Rate Guide(s).

5.9. In addition, the Customer will receive a final bill from Swiftcall for services already provided by the access provider and that will now be billed for by Swiftcall.

5.10 For the avoidance of doubt, you will receive a bill from Swiftcall for calls. The Customer will be charged for line rental and Ancillary Services when the line has been transferred from the Access Provider to Swiftcall. The Customer may continue to receive a bill from their Access Provider prior to or after, while services are being transferred to Swiftcall or for any services or calls not covered by the Agreement.

5.11 Customers will be issued a summary itemised bill electronically. If the customer opts for a paper bill an additional charge will apply

5.12 Swiftcall may impose a credit Limit on the Customer’s account and/ or may at its sole discretion from time to time require security for, or advance payment, payment by direct debit in respect of any sum of money, fee, charge, subscription or expense payable or to be payable by a Customer for the Services. Swiftcall may amend the credit limit without prior notice.

5.13 Swiftcall may at any time apply any security deposit to meet any cost, loss or liability incurred as a result of failure by the Customer to comply with these terms or to pay any amount payable by the Customer to Swiftcall. Swiftcall may suspend the provision of the Services until the Customer complies with this clause.

5.14 Should the Customer disagree with any charges shown on their bill they are requested to write or email Swiftcall 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 that the customer has highlighted are incorrect then Swiftcall will apply a credit to the customer’s account in respect of any incorrect charges, if an amount remains outstanding, Swiftcall will advise the Customer of the amount and the new payment date. Unless a credit is issued the full amount remains due. Details of the Dispute Resolution are referred to in Swiftcall code of practice available on www.swiftcall.ie or upon request.

5.15 Other than in a case of manifest error by Swiftcall, all charges for the provision of the Services shall be calculated by reference to the data recorded or logged by Swiftcall. The determination of Swiftcall in respect thereof is final. The Customer shall be responsible for the settlement of all Charges (whether fraudulently incurred or otherwise) without a right of set-off or deduction and the Customer shall fully indemnify Swiftcall against any claim or demand for payment in connection with the provision of the Services.

5.16 Without prejudice to any of its other rights hereunder, if the Customer fails to pay the Charges or any part thereof as they fall due:

5.16.1 Swiftcall shall be entitled to charge interest. In default of payment may charge interest. The customer shall pay to Swiftcall interest on demand. Swiftcall reserve the right to seek recovery of any legal costs incurred in securing payment for overdue accounts. The interest penalty will be in line with the European Communities (Late Payment in Commercial Transactions) Regulations 2002.)

5.16.2 Any rates granted to the Customer in respect of the period to which the unpaid Charges relate may be misapplied or suspended at the sole discretion of Swiftcall.

5.16.3 Swiftcall may suspend provision of services until the Customer resumes paying the charges and discharges in full the arrears of charges and the interest applicable thereto.

5.17 VAT and any other applicable taxes shall be added to the Charges and any other sums due to Swiftcall hereunder at the prevailing rate.

5.18 Swiftcall may engage in rate rounding. Any such rate rounding shall be carried out in a commercially reasonable manner and in good faith. Further information is available upon request or available in the Code of Practice available on www.swiftcall.ie  or on request or in Swiftcall rate guide which is available on request.

6. LIABILITY

6.1. Swiftcall shall use all reasonable endeavours to ensure that the Services are available for use by the Customer. Swiftcall 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 Services fail to operate and the Customer diverts traffic to another carrier, Swiftcall will not be responsible for those carriers ‘charges.

6.2. The Customer is solely responsible for preventing unauthorized access to and use of the Services and Swiftcall shall have no liability in this regard

6.3 Swiftcall shall not be liable for any loss or damage of any kind caused by the failure of the Services or Equipment due to the incompatibility with the Service of hardware, software, and/or equipment supplied by the Customer. Neither shall any third party, including without limitation, any other telecommunications company with whom Swiftcall or any of its Affiliates have entered into arrangements with for the provision of Services, networks, equipment, or rites of passage, have any liability to the Customer, howsoever arising, as a result of the failure, interruption or delay connected with or involving any of the aforementioned.

6.4 Swiftcall 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 Services 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 Swiftcall shall have no liability under this Agreement for the acts and omissions of other telecommunication operators

6.6 Swiftcall shall not be liable for claims arising out of a breach in the security or privacy of messages transmitted using the Services provided by Swiftcall.

6.7 This Clause 6.1. – 6.6 shall continue to apply notwithstanding termination of this Agreement.

6.8 Nothing in these terms is intended to exclude or restrict or shall have the effect of excluding or restricting any liability on the part of Swiftcall for fraud or for death or personal injury, so far as it cannot be excluded by statute.

7. Maintenance

7.1. The Customer agrees that from time to time it may be necessary for Swiftcall or for the Access Provider to temporarily suspend the Services during periods of repair, essential maintenance or alteration or improvement to the Network or otherwise in accordance with the law. Where possible Swiftcall will give the Customer notice prior to such suspension of the Services and Swiftcall or the Access provider shall restore the Services as soon as possible after such suspension. Swiftcall and the access provider shall endeavour to carry out such work outside normal business hours; no liability shall be accepted for any loss or damage arising as a result of an interruption in the Services during such maintenance or repair time.

7.2. The Customer shall notify Swiftcall as soon as possible after a defect; fault or impairment in the operation of the Services is detected and shall follow the procedures as set out in Swiftcall Code of Practice when reporting the fault. Swiftcall shall use all reasonable endeavours to report the matter to the Access Provider as soon as possible. If the fault consists of a line fault the Access Provider may attend at the Customer’s Premises to investigate the fault and repair the fault. Before reporting the fault, it is the Customer’s responsibility to ensure that their own equipment is not faulty. If there is a fault on the Customers equipment or internal wiring and the Access Provider attends the site for the fault, the customer may be charged a call out charge, with additional call –out charges charged for weekend repairs and outside normal office hour’s repairs. The details of these call out charges are contained in Swiftcall’s rates guide which is available on request. Swiftcall will pass on call charges charged by the Access Provider to the Customer.

7.3 Swiftcall reserves the right to charge additional fees for such line maintenance or repair where the fault or defect resulted from any cause whatsoever which is beyond the reasonable control of Swiftcall, its employees and agents, or from the wilful neglect or default of the Customer or of any supplier, agent of the Customer; or from a failure of the Customer to comply with the provisions of this Agreement; or from fault in or other problem or damage to equipment supplied.

7.4. Swiftcall reserves the right to pass on to the Customer any maintenance charges which the Access Provider/ or Eircom may charge for Line Maintenance. Swiftcall does not provide a Maintenance Service, however the Access Provider does. Swiftcall will pass on any such charges for Maintenance which the Access Provider may charge to the Customer.

7.5 The term “line maintenance” means maintenance of the NTU (Network Termination Unit) and/or the Splitter but not any internal wiring or equipment, which at all times remains the responsibility of the Customer.

8. Use of Information – Data Protection and Credit Checking

8.1 Swiftcall fully respects the Customers right to privacy and will not collect any personal information about the Customer without their clear permission. Any personal information, which the Customer volunteers to Swiftcall, will be treated with the highest standards of security and confidentiality and strictly in accordance with the Data Protection Acts, 1988 and 2003. Swiftcall will not provide any such information which the Customer provides to them to third parties and any such information will only be used by Swiftcall in accordance with the purposes for which the Customer has provided same.

8.2 In accordance with the Data Protection Act 1988; the Data Protection (Amendment) Act 2003 or any amendment or replacement thereof and the Carrier Pre- Selection Code of Practice, any information ( such as contact and direct debit details ) obtained by Swiftcall through an application for or the use of the Services and ( subject to the right of the Customer to request otherwise) may be accessed and used by Swiftcall and its Affiliates for the purposes of credit references, accurate billing and efficient operation and provision of the Services, including disclosure to the Access Provider in connection with the operation, suspension and/or termination of the Services. The Customer shall be deemed to have given consent for the use of his information for such purposes. By signing the customer application form/customer authorization form the Customer shall be deemed to have given consent for the use of his/her 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 set out on the Customer Authorization Form.

8.3. Any information so obtained from the Customer may be transferred and disclosed by Swiftcall to parties (including internationally) for the provision and administration of the Service, the Single Bill Service, the Equipment or to any third party who assumes the rights of Swiftcall under this Agreement. The Customer’s information may also be disclosed to credit reference or, credit collection agencies in connection with Service.

8.4. In accordance with the provisions of the Data Protection Acts 1988 and 2003 (the “Acts”), any information (such as contact and direct debit details) obtained by Swiftcall or through the use of the Service the Single Bill Service or the Equipment and (subject to the right of the Customer to request otherwise), may be used by Swiftcall to identify other products and services, which may be offered to the Customer by Swiftcall or selected third parties.

8.5. The Customer may request a copy of the information Swiftcall holds about them. Swiftcall may charge a fee for this which will not exceed €6.35. Customer may also access his/her data, have changed any inaccuracies, object to the use of data and block any specific uses, by means of a request in writing to Swiftcall.

8.6. From time to time Swiftcall may ask the Customer to review and update the information it holds relating to them. The Customer is welcome to review and update their information more frequently if they wish.

9. Termination, Cancellation and Suspension

9.1. Without prejudice to its rights under this Agreement Swiftcall shall have the right to terminate this Agreement forthwith by seven days written notice in the event that
the Customer is in material default of any of their obligations under this Agreement. In such case Customer will still be liable for all charges incurred through to the date of
actual termination of Service. If customer is still under Contract i.e. termination occurs during the minimum period, then the customer will remain liable for the line rental for the remainder of the duration of the “minimum period”. If the Customer breaches the terms of clause 4.1 or is in arrears with payments, then Swiftcall may terminate Service immediately without advance notice.

9.2 Either Swiftcall or the Customer may terminate the agreement at any time by giving 30 days prior written notice to the other. The Customer will remain responsible for payment of all charges due to Swiftcall for the provision of Services to the Customer up to cessation of service and if still bound by Contract during the minimum period the Customer shall be liable for the line rental and/or broadband service and any recurring charges for the duration of the minimum period. If the customer’s package consists of a voice package or mixed package including calls, the customer shall also be charged for a percentage of their call charge for the reminder of the minimum period. (Minimum call charge for remainder of minimum period) These call charges shall be calculated as a percentage of the customers last full months bill, the customer shall be charged 20% of average call spend multiplied by the number of remaining months in the minimum contract. Swiftcall will use reasonable endeavours to bill the customer for these services as quickly as possible.

9.3 Swiftcall may without notice suspend and/or disconnect your Services for breach of any of these terms and conditions at its discretion.

9.4 If Swiftcall terminates the Service for any reason, the customer shall be obligated to pay his, her or its actual charges up to the cessation of the services by Swiftcall and will also be obligated to pay termination charges which will include the line rental and minimum call charges (calculated as set out in clause 9.2. above) for the remainder of the minimum period if the customer is still under contract. If the Customer seeks to terminate they shall be liable to pay for any outstanding or incurred charges for the Service, including termination charges which will include line rental for the duration of the minimum period.

9.5 If the Customer terminates this Agreement, and consequently the Services, or any of them, during the Minimum Period, including circumstances where the customer is changing address, Swiftcall may, without prejudice to its rights to treat the termination as a breach or repudiation of this Agreement, agree to accept such termination provided thirty (30) days prior written notice has been received of such termination and the Customer agrees to pay to Swiftcall all outstanding charges accrued in full and the charges unbilled for the remaining of the minimum period. If the customer is outside the minimum period, they must give Swiftcall 30 day’s written notice.

9.6 Swiftcall shall have the right forthwith to immediately suspend the Service or terminate the Agreement if a Customer fails to pay for the Service in accordance with these terms.

9.7 Swiftcall shall have the right forthwith to immediately terminate or suspend the Agreement for due reason, including, but not limited to if:

9.7.1. Non-payment of charges in accordance with Clause 5.5 and 5.6 of the Agreement shall be deemed a material breach giving Swiftcall the right to immediately suspend the Services or terminate the Agreement without notice.

9.7.2. The Customer is in breach of Clauses 4, and 5 above or of the Agreement in respect of the Service.

9.7.3. The Customer is in breach of any term of the Agreement or any information supplied by the Customer to Swiftcall is false or misleading;

9.7.4 Swiftcall are obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organisation or other competent authority;

9.7.5. The Customer is 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 Services.

9.7.6. If for technical reasons it is not possible to provide the Service.

9.8. While the Services are suspended, the Customer will be able to make calls to emergency services 999 and 112 only. The Customer will still have to pay all charges due and any other reasonable costs and expenses which Swiftcall may incur as a result of such suspension and any subsequent reconnection of Services.

9.9 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 services or termination of the Agreement, all charges accrued by and owed by the customer shall become immediately due and payable. These charges shall include charges already billed and not yet billed and shall include charges accrued, and owed and shall include termination/suspension charges.

9.10. Swiftcall reserves the right to suspend the provision of the Services on reasonable notice to the Customer where Swiftcall or any applicable third party needs to undertake any maintenance on the Network or the Equipment provided that Swiftcall or any such third party shall use its reasonable efforts to minimise the duration of any such suspension.

9.11. Swiftcall may terminate this agreement by immediate notice in the event that one or more of the Network Operators or other 3^rdparties upon which the provision of Services hereunder is dependent terminates its provision of those services to Swiftcall under the terms of its or their relevant agreement(s) with Swiftcall.

9.12. Where this Agreement is terminated by the Customer for the purposes of moving to another authorized provider, the transfer to another authorized operator shall not come into effect until such time as the Customer has paid to Swiftcall all Charges due and owing, up to the date of termination together with all Charges arising from such termination as set out in this Clause 9.

ADDITIONAL PROVISIONS WHICH GOVERN SWIFTCALL BROADBAND SERVICE;

10. The Customer acknowledges that the broadband network is shared with other customers in the area. Therefore, when more people in the area are connected to the internet at one time the broadband connection maybe slower than at these peak times. Therefore, broadband connections are expressed as ‘up to’ speeds.

11. Provision of the Swiftcall Broadband Service is subject to the suitability of the telephone line. If the line is suitable the provision of the Swiftcall Broadband Service may result in temporary loss of telephone Service to the Customer during the period in which initial installation is taking place.

12. On order completion, where the Customer so requests Swiftcall shall provide it with the use of a DSL modem charged at a once off upfront payment, details of the charge in the Swiftcall Rate Guides(s).

13. The Swiftcall Broadband Service shall be provided by way of Self-Install which involves where requested on the Order the provision of a Modem by Swiftcall to the Customer to enable the Customer to carry-out the installation itself in accordance with the guidelines issued.

14. Where the Customer elect’s self-installation of its own Equipment, the Customer must ensure that any Equipment connected to or used with the Swiftcall Broadband Service must be connected and used in accordance with all applicable instructions

15. The Customer acknowledges that the basis of this Agreement is that:

15.1 The Customer shall at its own cost ensure that the Premises are suitable for the installation, use and accommodation of the Equipment;

15.1.2 If the Customer is not the owner of the Premises on which the Equipment will be installed, it is the Customers responsibility to ensure they have received written authorization from the owner to install the Equipment at the Premises prior to installation. The Customer acknowledges and agrees that it shall fully and effectively indemnify and keep Swiftcall indemnified for any costs incurred as a result of the Customer’s breach of this clause;

15.1.3 In order to facilitate delivery of the Equipment (the Modem), the Customer shall grant access to the Premises to allow for delivery. Should the Customer fail to grant access to the Premises, the Customer shall be responsible for reasonable costs associated with the labour time lost, and Swiftcall shall not be responsible for non-delivery of the Product as a consequence.

15.1.4 In the event the Premises are not suitable for installation of the Equipment, it may be necessary to install additional Equipment to enable the Customer to avail of the Service. Any costs associated with the additional Equipment must be borne by the Customer and the Customer must take responsibility for the installation of such equipment.

15.2 All risk of loss and damage in and to the Equipment shall, from the date of delivery to the Customer, vest with the Customer.

15.3 Any Customer Equipment must be connected and used in accordance with any instructions and any safety or security procedures applicable to the use of such equipment, and must be technically compatible with that Service and approved for that purpose under any relevant legislation.

15.3.1 The Customer shall be responsible for use of the Customer Equipment in

Connection with the Service and Customer agrees that access to the Internet is at Customer’s own risk and subject to all applicable laws. Swiftcall advises all Customers to install an appropriate Internet security solution on the appropriate Customer Equipment but Swiftcall shall have no liability to Customer for any loss or damage arising from installation, use or non-use of such software.

15.3.2 Swiftcall shall provide customers of the Service with connection software and Access Details where applicable.

15.3.3 Excluding any promotional or special offers, all Customers whether they use their own modem, or an existing modem or purchase a modem from Swiftcall they will be charged a once off connection fee for connection to DSL and the rental fee for the service will be charged monthly in advance.

15.3.4 If the Customer uses Customer Equipment for access to the Service Swiftcall shall no way support this equipment or make any assurances as to the quality of Service through use of the Customer Equipment and shall be in no way responsible for any damage done to the Customer Equipment or the Service as a result.

15.3.5 The Equipment (including modem and micro-filters) provided to the Customer for use in connection with any Service shall at all times remain the property of Swiftcall until Swiftcall receives payment for the Modem and the equipment and the Customer shall be liable for any damage caused to the Equipment and the Modem. The risk in the Modem and the equipment shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the Modem and the equipment, title and property in the Modem and equipment, including full legal and beneficial ownership, shall not pass to the Customer until Swiftcall has received in cash or cleared funds payment in full for Modem, equipment and all equipment delivered to the Customer under this and all other contracts between Swiftcall and the Customer for which payment of the full price of the Modem and equipment there under has not been paid. Payment of the full price of the Modem and the equipment shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Swiftcall and the Customer under which the Modem and equipment was delivered.

15.3.6 The Customer shall be responsible for installation of the Equipment provided by

Swiftcall in accordance with Swiftcall instructions. Swiftcall shall have no obligation to install equipment.

16. On applying for the Service, the Customer shall be deemed to have obtained the authority of the person who leases the physical telephone line(s) across which the Service is provided.

17 The provision of the Service shall be subject to the following pre-conditions:

17.1 The Customer must have their telephone line rental with Swiftcall;

17.2 The Customer’s telephone line must be within the Service Availability Area (which may be extended by Swiftcall from time to time by giving notice on its website);

17.3. The Customer must have an analogue direct exchange line, which terminates on a master socket forming part of the PSTN network;

17.4 If the Customer has any type of phone monitored home alarm system on their phone line, provision of the Service will be conditional on a splitter being installed on the line and the Customer will need to contact their alarm service provider to ensure that a splitter is installed;

17.5 Receipt by Swiftcall of a completed Customer Authorisation Form

17.6 The Customer’s line must pass all pre-qualification testing Carried out by Swiftcall and/or the Access Provider and the line must be capable of activation for the Service at the exchange;

17.7 In the event that the Customer wants to alter any aspect of the Service, including, but without limiting the generality of the foregoing, upgrades to a telephone line, the addition of a telephone line, change in call features, changes in the Customer’s premises where service is provided Swiftcall will use its reasonable efforts but cannot guarantee to meet such.

17.8 If any of the pre-conditions 19.1 to 19.4 are not satisfied prior to the proposed Start Date, Swiftcall shall be entitled to terminate the Contract, without liability, immediately by giving notice to the Customer.

17.9 In the event that, for technical reasons, the Service cannot be activated on a Customer’s line, notwithstanding that the pre-conditions set out above may be satisfied, Swiftcall shall be entitled to terminate the Contract immediately by giving notice to the Customer and neither Party shall have any liability to the other. For the avoidance of doubt, the Customer shall not be obliged to pay the Connection Fee in such circumstances.

17.10 On termination/cancellation or moving of service to another provider, a charge of €60 for broadband account termination/deactivation will be charged to the customer for each broadband connection provided.

18. USE OF THE SWIFTCALL LTD BROADBAND SERVICES – GENERAL

18 .1 The Swiftcall Broadband Service is available at different levels. Each level has a particular set of features (e.g. bandwidth,) and a Broadband Traffic Policy (defined within the Swiftcall Acceptable Use Policy): The Customer shall select the level of the Swiftcall Broadband Service it wishes to avail of and shall inform Swiftcall of its selection.

18 .2 The Customer acknowledges that the bit rates in respect of the Service as indicated by Swiftcall, may be reduced by contention within the Network from time to time and these speeds are not guaranteed. Speeds indicated are line speeds and not data transfer speeds. Some lines are capable of only certain speeds, therefore speeds selected by customer cannot be guaranteed.

18.3 Swiftcall shall provide the Customers with connection software and Access Details.

18.4 Customer must specify telephone number for broadband service and if not specified Swiftcall accepts no liability for service provided on incorrect telephone line.

18.5 For technical, operational and commercial reasons Swiftcall shall be entitled to vary the Service and any aspect thereof at any time. Where practicable, Swiftcall shall provide notice of any such change in accordance with clause 19.2.

18.6 The Customer agrees to be bound by the Broadband Traffic Policy attaching to its selected level of the Swiftcall Broadband Service. In the event that Customer usage represents excessive use of the Swiftcall Broadband Service, Swiftcall may, without prejudice to its right to charge the Customer for the excess usage, request the Customer to select a level more appropriate to its usage. In the event of the Customer refusing or neglecting to select an alternative level of the Swiftcall Broadband Service, Swiftcall may, upon due notice; terminate the provision of the Swiftcall Broadband Service to the Customer.

18.7 The Customer may change the level of the Swiftcall Broadband Service selected by it on giving at least five (5) days’ notice to Swiftcall. Any fee as set out in the Swiftcall Rate Guide(s) shall be charged by Swiftcall and paid by the Customer in respect of the change of a level.

18.8 The Swiftcall Broadband Service is provided in accordance with the relevant product description in the Regulations. The Customer acknowledges that the relevant product description may contain limitations and constraints on the use of Swiftcall Broadband Service. The customer agrees and undertakes to adhere to these constraints and restrictions.

18.9 The customer has read and understands the Fair Use Policy and understands that may be revised from time to time. The Swiftcall Broadband Service may only be used by Customers in accordance with Swiftcall Fair Usage Policy www.swiftcall.ie.

18.10 Where additional terms and conditions or sections of the fair Usage Policy govern any access to any Content or to any Internet service; the Customer acknowledges that it is obliged to comply with such terms and conditions.

18.11 When Customer’s use the Service for Internet access, they may not:

18.11.1 Resell or provide access to the Service or to any other Swiftcall service to any third parties or parties not located on the same Premises, without the prior express written consent of Swiftcall. Breach of this provision may result in immediate suspension of the Service until the problem is corrected;

18.11.2 Restrict or inhibit any other user from using the Internet;

18.11.3 Post or transmit any unlawful, threatening, abusive, libellous, defamatory, vulgar, obscene, indecent, pornographic, profane, hateful, bigoted or otherwise objectionable information of any kind, including without limitation any transmissions, constituting, or encouraging conduct that would constitute, a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation export and import control laws and regulations;

18.11.4 Post or transmit any information or software that contains a Trojan, worm, virus or other harmful component;

18.11.5 Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes;

18.11.6 Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other materials, or other proprietary right, or derivative works without obtaining permission of the copyright owner or right holder;

18.11.7 Upload, post, publish, reproduce, transmit or distribute in any way any component of the Services or derivative works, as are copyrighted as a collective work under European, Irish or International copyright laws;

18.11.8 Remove or alter copyright management information including, without limitation, name or identification information of the author or owner, copyright note or terms & conditions for use of a work;

18.11.9 Avoid, bypass, remove, deactivate or circumvent by any means, any process or system such as copy protection systems that are intended to protect the rights of a copyright owner

18.11.10 Send unsolicited e-mail or any e-mail that causes complaints from the recipients of the unsolicited e-mail;

18.11.11. Send large quantities of unwanted or unsolicited e-mail to individual e-mail accounts (also known as “spamming” or “mail bombing”);

18.11.12. Make any unauthorised attempt to gain access to any account or computer resource not belonging to that user (also known as ‘spoofing’);

18.11.13 Obtain or attempt to obtain Services by any means or device with intent to avoid payment;

18.11.14 Make any unauthorised access, alteration, destruction, or any attempt, of any information of any Swiftcall customers or end-users by any means or device;

18.11.15 Knowingly engages in any activities that will cause a Denial of Services (DoS) (e.g., synchronised number sequence attacks) to any Swiftcall customers or end-users, or any other person;

18.11.16 Use Swiftcall products and services to interfere with the use of Swiftcall network by other customers or authorised users or any other person;

18.11.17 Violate the law or aid another in any unlawful act;

18.11.18 Run programs or servers that provide network services to others through the Services (“web hosting”), which includes, but is not limited to, operating a web/mail/ftp server to serve external connections, unless that right has been incorporated into this Agreement;

18.11.19 Use the Services in such a way as to impair or degrade the operation or performance of the Services and/or Swiftcall network, including but not limited to abusive or excessive use. Except for information, products or services clearly identified as being supplied by Swiftcall, Swiftcall does not operate or control any information, products or services on the Internet. The Internet contains unedited materials that Customers may find offensive or objectionable. Subscribers access such materials at their own risk. Swiftcall has no control over and accepts no responsibility for these materials. Customers may wish to utilise software designed to limit access to certain material on the Internet Swiftcall is not responsible for content or policies available on other sites linked to its site. Use of any links to other Webpages, is at the Customers own risk. Swiftcall may take action it deems appropriate without notice to protect the Services and its facilities for provision of the Services. If Swiftcall denies Customers access to Services pursuant to this Section, Subscribers will have no right;

1.    To access through Swiftcall to any materials stored on the Internet; or

2.    To access third party services, merchandise or information on the Internet through Swiftcall, and Swiftcall will have neither responsibility to notify any third-party providers of services, merchandise or information nor any responsibility to any consequences resulting from lack of notification.

18.11.20 Swiftcall has no obligation to monitor Services. Customers agree that Swiftcall or its suppliers has the right to monitor Services electronically from time to time, and consent to Swiftcall access, use and disclosure of any information as necessary to satisfy any law, regulation or other governmental request, to operate Services properly, to improve Services, or to protect itself or its customers. Swiftcall reserves the right to refuse or to remove any information or materials, in whole or in part, that in its sole discretion are unacceptable, undesirable, or in violation of this Agreement.

18.12 If Customers wish to make purchases on the Internet, they may be asked by the merchant or Swiftcall from whom they are making the purchase to supply certain information, including credit card or other payment mechanism information. Unless Swiftcall is a party to such transaction however, Swiftcall disclaims any and all liability for any failure or duplication of such a transaction as a result of any cause whatsoever, including disruption of the Service for any cause whatsoever.

18.13 The Service is provided on an “as is, as available” basis. Customers release Swiftcall from and Swiftcall shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by any Customer in connection with their use of or inability to use Swiftcall services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by them even if the same is caused by Swiftcall’s own negligence. Swiftcall specifically disclaims any responsibility for the accuracy or quality of information obtained through its Service.

Any network address assignments issued by Swiftcall (i.e., Class C address Internet Protocol numbers) are the property of Swiftcall and are considered to be loaned to its subscribers. In the event the Service is discontinued for any reason, such IP addresses will revert to Swiftcall immediately.

19. Force Majeure

19.1 Either party’s performance of any part of these Terms and Conditions, other than payment obligations, shall be excused to the extent that it is hindered, delayed or otherwise made impractical by: a) the acts or omissions of the other party or any Network Operator; b) any act of God , flood, fire, Lightning , earthquake, strike, lockout, trade dispute or labour disturbance ,stoppage of work, or riot, failure or diminishment or interruption of power or of telecommunications or data networks or services not under the control of a party, governmental or military acts, omissions or orders or restrictions, terrorist attack; or c) any other cause (whether similar or dissimilar to those listed) beyond the reasonable control Swiftcall which prevents it from providing the service and not caused by the negligence of the Swiftcall (collectively referred to as “force majeure conditions” below). In circumstances where “force Majeure” result in non-performance of part or all of the terms and conditions of the agreement, neither party shall be held be liable to the other party for any loss or damage which may be suffered by the other party due to non-performance of the terms and conditions.

19.2. If any such force majeure condition(s) occur(s), the non-performing party shall make reasonable efforts to notify the other party of the nature of any such condition and the extent of the delay, and shall make reasonable, good faith efforts to resume performance as soon as possible.

GENERAL AND MISCELLEANOUS PROVISIONS

20. If any portion of these Terms and Conditions is determined to be or becomes unenforceable or illegal, such portion shall be deemed eliminated and the remainder of these Terms and Conditions shall remain in effect in accordance with its terms as modified by such deletion.

21. The Customer Authorisation Form; these Terms and Conditions; the Acceptable Use Policies; together with the current Swiftcall Rate Guide(s) as amended from time to time and the Code of Practice constitutes the entire agreement (”the Agreement”) between the parties in relation to the Services and shall supersede any previous agreement(s) that may have been executed by the Customer for the provision of Swiftcall services at any time. 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.

22. The parties agree that the fact that this Agreement may be stored or exchanged in electronic form shall not affect is validity.

23. Swiftcall reserves the right to alter any terms of this agreement, the Services or any part thereof and the Swiftcall Ltd Rate Guide(s).

24. Severability Clause: If any condition or part of this agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from the agreement and will be ineffective without, as far as is possible, modifying any other provision or part of the agreement and this will not affect any other provisions of the agreement which will remain in full force and effect.

25 Jurisdiction Clause: The formation, existence, construction, performance, validity and all aspects whatsoever of this agreement or of any term of the agreement will be governed by Irish law. The parties hereby irrevocably submit agree to submit to the exclusive jurisdiction of the Irish courts located in Dublin, Ireland.

26 Dispute Resolution: Any dispute that arises between the Customer and Swiftcall shall be resolved according to the dispute resolution procedures set forth in the Swiftcall Code of Practice applicable to its telecommunications customers. The dispute resolution sections of that agreement are incorporated by reference into this Agreement. You may obtain a copy of those dispute resolution provisions by contacting the Swiftcall customer care department or on the Swiftcall web site www.swiftcall.ie

27. Entire Agreement Clause: These terms and conditions set out the full extent of each party’s obligations and liabilities in respect of the Services. Any condition, warranty, representation or other term concerning the Services which might otherwise be implied into or incorporated into these terms and conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded. Neither party shall have any remedy in respect of any untrue statement made to it upon which it relied in entering into these terms and conditions (unless such untrue statement was made fraudulently) and each party’s only remedy shall be for breach of contract as provided in these terms and conditions.

28 Notices:

28.1 Notices to Customer: Swiftcall shall send all notices to the Customer’s billing address as provided on Customer Application Form by post or personal service or place same on the Swiftcall website or shall send emails or SMS messaging to any email address, or phone number, which the customer has given to Swiftcall to correspond with them and this shall be accepted as proper notification.

28.2 All written correspondence from Swiftcall shall be deemed served 48 hours after posting or on earlier proof of delivery.

28.3 Notices to Swiftcall: Swiftcall address for service of any notice hereunder shall be Swiftcall, Brookfield House, Brookfield Terrace, Blackrock, Co Dublin A94 Y6N2

29. Assignment:

29.1 The Customer shall not assign this Agreement in whole or in part without the prior written consent of Swiftcall.

29.2. Swiftcall may assign this Agreement to any party without consent of the customer. If Swiftcall no longer provides Services, Swiftcall may obtain an alternative provider to provide the Services to you. The Customer agrees that Swiftcall may assign its rights under these terms and conditions to that alternative provider.

30. No Waiver

30.1 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.

30.2 Any deficiency in the Customer’s authority to avail of the Service or to use the Equipment shall not preclude reliance by Swiftcall Ltd on any of its rights under this Agreement