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Contract
1. Interpretation
In this Agreement:
Acceptable Usage Policy means the usage policy as available on Esat Fusion's web site.
This policy may be amended by Esat Fusion from time to time.
Agreement means any conditions available online and these Conditions
Customer means the person using the Service.
Helpdesk means the helpdesk facility provided by Esat Fusion to handle enquiries and
administration for the Service.
Internet means the global data network comprising interconnected networks using the TCP/IP
protocol suite.
Internet Standards means the protocols and standards defined in the following Internet
documents: RFC 1009, 1122, 1123 and 1250 and any other applicable protocols and standards.
Esat Fusion means Esat Fusion Communications Ltd. of Grand Canal Plaza, Upper Grand Canal
Street, Dublin 4.
Service means the service as provided under "Esat Fusionfree", as part of Esat
Fusion's Portfolio of Internet Services.
Software means any software provided by Esat Fusion to enable the Customer to access or
use the Service.
2. Provision Of The Service
Esat Fusion will provide the Customer with the Service on the terms of this Agreement.
Esat Fusion will provide the Service with the reasonable skill and care of a competent
telecommunications service provider providing a comparable service.
Occasionally Esat Fusion may:
change the technical specification of the Service, provided that any change to the
technical specification does not materially affect the performance of the Service; or
suspend the Service for operational reasons such as repair, maintenance or improvement of
the Service or because of an emergency, but before doing so will give as much online,
written or oral notice as is reasonably practicable. Esat Fusion will restore the Service
as soon as it reasonably can after suspension.
Esat Fusion reserves the right to cancel the Service for any reason or restrict the
availability of the Service.
With the exception of the Software, the Customer is responsible for providing suitable
computer hardware, software and telecommunications equipment and services necessary to
access and use the Service. This Agreement does not include the provision of
telecommunications services necessary to connect to the Service.
3. Security
If a Customer forgets or loses a password or user ID the Customer must contact Esat Fusion
and satisfy such security checks as Esat Fusion may operate.
Esat Fusion reserves the right to suspend the Customer's ID and/or password and/or access
to the Service if at any time Esat Fusion considers that there is or is likely to be a
breach of security, these terms and conditions or our Acceptable Usage Policy.
Esat Fusion reserves the right (at its sole discretion) to require the Customer to change
any or all of the passwords used by the Customer in connection with the Service
4. Use of the Service
The Service is provided solely for the Customer's own use and the Customer will not resell
or attempt to resell the Service (or any part or facility of it) to any third party.
The Customer is solely responsible for evaluating any goods (including software) or
services offered by third parties via the Service. Esat Fusion will not be a party to or in any way responsible for any transactions between
the Customer and third parties.
The Service must not be used:
to send, receive, upload, download, use or re-use any information or material which is
offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence,
copyright, privacy or any other rights; or
to cause annoyance, inconvenience or needless anxiety; or
to send or provide unsolicited advertising or promotional material or to receive responses
to any unsolicited advertising or promotional material sent or provided using the Service
by any third party; or
other than in accordance with the acceptable use policies of any connected networks and
the Internet Standards.
If the Customer or anyone else, with or without the Customer's knowledge or approval, uses
the server capacity or the Software made available to it in any way which, in Esat
Fusion's opinion, is, or is likely to be, detrimental to the provision of the Service to
the Customer or any other customer and fails to take corrective action within a reasonable
period of receiving notice from Esat Fusion, Esat Fusion may treat the contravention as a
material breach of this Agreement which cannot be remedied for the purposes of paragraph
8.
5. Internet
The Service enables access to the Internet. The Internet is independent of the Service and
Esat Fusion and use of the Internet is solely at the Customer's risk and subject to all
applicable laws. Esat Fusion has no responsibility for any information, software, services
or other materials obtained by the Customer using the Internet.
6. Limitation Of Liability
Esat Fusion shall have no obligation, duty or liability whatsoever in contract, tort or
otherwise to the Customer (or to anyone claiming through the Customer).
Under no circumstances shall Esat Fusion be liable to the Customer (or to anyone claiming
through the Customer) in contract, tort or otherwise (including any liability for
negligence), for any loss of revenue, business, contracts, anticipated savings or profits
or any direct, indirect or consequential loss whatsoever (whether or not foreseeable).
Esat Fusion shall have no liability under this Agreement for the acts and omissions of
other public telecommunication operators.
The Customer accepts that Esat Fusion has no control over the content of information that
is transmitted and made available on the Internet and that the security of the Internet as
a communication medium, or as a medium for purchasing or payment cannot be guaranteed.
Esat Fusion shall make reasonable efforts to prevent unauthorised access to the Service(s)
by third parties but shall have no liability to the Customer for any unauthorised access
to the Customer's computer system.
7. Matters Beyond Either Parties' Reasonable Control
Esat Fusion will not be liable for any loss or damage which may be suffered if Esat Fusion
cannot do what is promised under this Agreement because of something beyond Esat Fusion's
reasonable control such as any act of God, lightning, flood, or exceptionally severe
weather, fire or explosion, civil disorder, war, or military operations, national or local
emergency, anything done or omitted to be done by government or other competent authority
or by any telecommunication operators or industrial disputes or labour disturbances of any
kind (including those involving Esat Fusion's employees).
8. Breaches Of This Agreement
Either party may terminate this Agreement or the provision of Service (in whole or in
part) under it without notice if the other:
commits a material breach of this Agreement, which is capable of remedy, and fails to
remedy the breach within a reasonable time of a written notice to do so; or
commits a material breach of this Agreement which cannot be remedied; or
is repeatedly in breach of this Agreement; or
is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or
composition with or assignment for the benefit of its creditors, or if it goes into either
voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation,
or a receiver or administrator is appointed over its assets.
If either party delays in acting upon a breach of this Agreement that delay will not be
regarded as a waiver of that breach. If either party waives a breach of this Agreement
that waiver is limited to that particular breach.
9. Changes To This Agreement
Esat Fusion may, from time to time, amend the Conditions of this Agreement, whereby a copy
will be available on our website.
10. Assignment
Neither party may assign or transfer any of their rights or obligations under this
Agreement, without the written consent of the other, except that Esat Fusion may assign
its rights or obligations (or both) to an Esat Fusion Group Company without consent.
11. Notices
Esat Fusion shall give notices under this Agreement via the "Esat Fusionfree"
website and any other means of communication which Esat Fusion deems appropriate.
Customer shall give notices to Esat Fusion at the address of Esat Fusion's office as
aforementioned or via the applicable link on the "Esat Fusionfree" website;
12. Data Protection
In accordance with the provisions of the Data Protection Act 1988, any information
obtained by Esat Fusion through an application for the Service(s), or through the use of
the Service(s) may be accessed by Esat Fusion for its internal purposes, and (subject to
the right of the Customer to request otherwise in writing to Esat Fusion) may be used by
Esat Fusion to identify other products and services which may be offered to the Customer
by either Esat Fusion or relevant third parties. Any information so obtained may be
disclosed by Esat Fusion to any person where this is necessary for the provision of the
Service(s) or to any person who assumes the rights of Esat Fusion under this Agreement and
to any credit reference agency or bureau.
13. Law
This Agreement shall be governed by and construed in all respects in accordance with the
law of the Republic of Ireland and each Party hereby submits to the exclusive jurisdiction
of the Irish Courts.
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