ANYWHERE FIBRE | TERMS & CONDITIONS
Anywhere Fibre agrees to make available to the Customer the Broadband Services(s) described below on the following Terms and Conditions:
DEFINITIONS
The following words shall have the following meaning:
“Anywhere Fibre”, “we” “us” shall mean Your PC Technology Ltd T/A Anywhere Fibre, whose registered address is at National Technology Park, Limerick, Ireland and its employees;
“Anywhere Fibre 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 Broadband Service(s) and is available at www.Anywhere Fibre.ie or upon written request;
“Acceptable & Usage Policies” means additional terms and conditions that govern the acceptable use of the Broadband Service(s) by you and are available online at www.anywherefibre.ie;
“Agreement” means these Terms and Conditions; the Order; the Acceptable & Usage Policies; Anywhere Fibre Product and Price Guide(s) which together constitute a legally binding agreement between Anywhere Fibre and the Customer. The Agreement shall come into force once you start to use the Broadband Service(s) as determined by us;
“Authorised Installer” means any party authorised by Anywhere Fibre 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 Broadband Service(s); the current Charge(s) are detailed in the Anywhere Fibre Product and Price Guide(s);
“Customer” means the person who has entered into this Agreement with us to use the Broadband Service(s) “Customer” or “you”);
“Customer Authorisation Form” means a form to be completed by you to take up the Broadband Service(s);
“Customer Address” means the residential location in the Republic of Ireland where the Broadband 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 Anywhere Fibre and do not form part of the Broadband 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 Broadband Service(s);
“Equipment” means the equipment that is supplied by Anywhere Fibre to you when you subscribe to the Broadband Service(s) that enables you to connect to the Network and access the Broadband 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 (24) calendar months of the Broadband Service(s) beginning from the Start Date;
“Network” means the telecommunications system owned and operated by Anywhere Fibre in accordance with its authorisation and the regulations set out by ComReg and any other amending or additional regulations or legislation or Codes of Practice (that are binding upon Anywhere Fibre);
“Order” means an order made by you to us for the provision of the Broadband Service(s) and includes, where necessary, a Customer Authorisation 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 Anywhere Fibre;
“Start Date” means the date on which Anywhere Fibre provides Broadband Service(s) to you or the date on which you use any part of the Broadband Service(s) as determined by Anywhere Fibre, whichever is the earlier;
“Broadband 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);
“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;
“Broadband Services” means the telecommunications service provided by Anywhere Fibre including voice and Broadband services supplied by us to you and in accordance with the Anywhere Fibre 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 BROADBAND SERVICE AND MINIMUM TERM
1.1 This Agreement shall commence on the Start Date and shall be for the Minimum Term of 24 months, after which the Broadband Service(s) will continue to be provided by Anywhere Fibre 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 Anywhere Fibre, you are entitled to cancel the Order for any reason whatsoever on prior written notice to Anywhere Fibre (“the Cooling Off Period”). You are liable for any usage charges incurred prior to this cancellation of the Broadband 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 Anywhere Fibre shall be entitled to vary, suspend or discontinue the Broadband Service(s) and any aspect thereof at any time.
2.2 On acceptance of a valid Order from you Anywhere Fibre will provide the Broadband 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 Anywhere Fibre will use it’s commercially reasonable endeavours to provide the Broadband Service(s) by any date we indicate to you for that purpose, but all dates are estimates only and Anywhere Fibre will have no liability for any failure to meet any such date(s).
2.4 Anywhere Fibre will use it’s commercially reasonable endeavours to provide uninterrupted Broadband Service(s) but from time to time faults may occur whether on the Network or otherwise and Anywhere Fibre 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.
2.5 Anywhere Fibre does not warrant that the Broadband 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 Broadband Service(s) is subject to certain limitations, such as the proximity of towers and other aspects that are outside Anywhere Fibre’s reasonable control including, but not limited to, man-made and/or geographic obstructions.
2.6 Anywhere Fibre 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. Anywhere Fibre 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 unauthorised access to and interference with the Equipment (or associated software/hardware and data) or voice or data traffic as may be necessary.
2.7 Anywhere Fibre 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 Broadband Service(s).
3. CUSTOMER CARE
3.1 Anywhere Fibres’ customer care number is 01 539 0 539 and our address is National Technology Park, Limerick, Ireland. You can contact us by phone, by post or emailing us on support@anywherefibre.ie with regard to your account or you’re Broadband Service(s). Calls to and from our Customer Support Centre may be recorded or monitored for training and other purposes.
3.2 Anywhere Fibre’s Code of Practice which sets out our complaints and dispute resolution procedure is available online at www.Anywhere Fibre.ie or upon written request.
4. PROVISION AND INSTALLATION OF THE BROADBAND SERVICES
4.1 On Order acceptance by Anywhere Fibre we will provide you with the use of Equipment for the duration of this Agreement to facilitate connection to the Broadband 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 Anywhere Fibre 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 Anywhere Fibre will use it’s commercially reasonable endeavours to deliver the Equipment to the Customer Address by the date we indicate to you, this is normally within ten (10) working days from the date we accept your order, but all dates are estimates and Anywhere Fibre 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 Anywhere Fibre 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 The following terms apply where Anywhere Fibre or its agents or Authorised Installers install the Equipment on your behalf:
4.6.1 You will at your own cost ensure that the premises is 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 authorisations 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 Anywhere Fibre indemnified for any costs incurred as a result of your breach of your obligation in this Clause.
4.6.2 In order to facilitate installation of the Equipment, you shall grant access to Anywhere Fibre or an Authorised 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 labour time lost and we shall not be responsible for non-provision of the Broadband Service(s) as a consequence.
4.6.3 In the event the premises is not suitable for installation of the Equipment, it may be necessary to install additional Equipment to enable you to avail of the Broadband 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 BROADBAND SERVICE
5.1 You undertake not to use the Broadband Service(s) or the Equipment:
5.1.1 for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Broadband Service(s), nor allow others to use the Broadband Service(s) for any of the foregoing purposes in a way that may cause degradation of service levels to other customers as determined by Anywhere Fibre 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 Anywhere Fibre, 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 Broadband 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 Broadband 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 Broadband Service(s) or the Equipment comply with the terms and conditions herein stated.
5.4 The Broadband Service(s) are provided solely for your own use and you shall not resell the Broadband Service(s) (or any part of the Broadband Service(s)) to any third party.
5.5 Where software is provided to enable you to use the Broadband Service(s), Anywhere Fibre grants you a non-exclusive, non-transferable licence 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 licence under which the Equipment is supplied.
5.6 You shall comply and are bound by all conditions of any licence under which the Equipment or the Broadband 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 Broadband Service(s).
5.8 You shall inform Anywhere Fibre 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 Broadband Service(s) or the Equipment.
5.10 Anywhere Fibre may at its absolute discretion withdraw the Broadband Service(s) from any Customer whose use of the Broadband Service(s), either risks degradation of service levels to other customers, puts the Network at risk or where the usage of the Broadband Service(s) is inconsistent with normal usage or, in the sole opinion of Anywhere Fibre, is for purposes that are not reasonably used or envisaged for usage by our Customers.
6. BROADBAND PHONE SERVICES
6.1 We can provide you with a VoIP Phone Service Option to suit your business needs in accordance to our Telecoms Partner of choice and their service guidelines which can be provided on request prior to setup.
7. BROADBAND SERVICE
7.1 The 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 Anywhere Fibre Acceptable & Usage Policy) are set out in the Anywhere Fibre Product and Price Guide(s) (the “Broadband Package(s)”).
7.2 You acknowledge that the speed for each 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.
7.3 You confirm that you have read and understand the Acceptable & Usage Policy and understand that it may be revised from time to time. The Broadband Service may only be used by you in accordance with this Agreement and the Acceptable & Usage Policy which is available online at www.anywherefibre.ie.
7.4 Broadband Package(s) have a monthly data usage allowance. 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 requirements. 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 Broadband Service(s).
7.5 Customers with specific needs outside of normal usage can contact us for bespoke solutions. Full details of the Broadband Package(s) are as set out in the Anywhere Fibre Product and Price Guide(s).
7.6 You may change your Broadband Package(s) to another package if available by giving thirty (30) days’ notice to Anywhere Fibre. A Charge will apply in respect of any such change as set out in the Anywhere Fibre Product and Price Guide(s).
8. PAYMENT
8.1 The Charges in respect of the Broadband Service(s) are set out in the Anywhere Fibre Product and Price Guide(s). The current Anywhere Fibre Product and Price Guide(s) is available on-line at www.Anywhere Fibre.ie. We reserve the right to change broadband Charges and will notify you of such a change by notice in writing or by email, thirty (30) days in advance of the implementation date of such change. All quoted rates shall be exclusive of Value Added Tax (“VAT”).
8.2 In order to avail of the Broadband 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. Anywhere Fibre reserves the right to charge you an additional administrative fee for any unpaid Direct Debits, debit or credit card payments. Anywhere Fibre also reserves the right to charge administration fees in relation to cessation, connection and reconnection of the Broadband Service(s), where required. Charges as are set out in the Anywhere Fibre Product and Price Guide(s).
8.2.1 Should a payment due by you fail for any reason, Anywhere Fibre shall apply an administration charge of €10.00 (inclusive of VAT) for each and every event of failure or as may be set out from time to time in the Anywhere Fibre Product and Price Guide(s).
8.2.2 Should your Broadband Service(s) be disconnected by Anywhere Fibre following continued payment failures or non- payment, a reconnection charge of €40.00 (inclusive of VAT) will be levied and must be paid by you in each instance prior to reconnection by Anywhere Fibre or as may be set out from time to time in the Anywhere Fibre Product and Price Guide(s).
8.2.3 A once off installation & Hardware charge applies to the Broadband Service(s) as may be set out from time to time in the Anywhere Fibre Product and Price Guide(s).
8.3 You will be charged monthly in advance for all Broadband Service(s) that have a fixed monthly charge. Any other usage of the Broadband Service(s) shall be charged monthly in arrears or otherwise as deemed appropriate by Anywhere Fibre from time to time for usage of the Broadband Service(s). We may change your billing date or billing frequency. As some usage of the Broadband Service(s) takes longer to bill you may be billed for Charges incurred in a prior billing period.
8.3.1 The first payment shall be due by you pro-rated to and corresponding with the period for which the Broadband 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.
8.3.2 You will be issued a summary itemised bill by email or by paper bill if you request it.
8.4 Anywhere Fibre 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 Broadband Service(s).
8.5 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.Anywhere Fibre.ie.
8.5.1 All charges for the provision of the Broadband Service(s) will be calculated by reference to the data recorded or logged by Anywhere Fibre. The determination of Anywhere Fibre in respect thereof is final.
9. TERMINATION
9.1 Subject to the provisions of clauses 9.2 and 9.3 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.
9.2 If the Customer terminates this Agreement or the Broadband Service(s) or any of them, during the Minimum Term, including in circumstances where the customer is changing address, Anywhere Fibre 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 Anywhere Fibre all outstanding charges accrued in full together with the termination charge of one hundred Euros (€100) exclusive of VAT for early termination of the Broadband Service(s).
9.3 Anywhere Fibre shall have the right to terminate or suspend the Agreement immediately for due reason, including, but not limited to:
9.3.1 non-payment of charges in accordance with Clause 8 above or
9.3.2 breach by the Customer of the terms of this Agreement or
9.3.3 if any information supplied by the Customer to Anywhere Fibre is false or misleading; or
9.3.4 if we are obliged to comply with an order, instruction or request of Government, ComReg, an emergency service organisation or other competent authority; or
9.3.5 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 Broadband Service(s);
9.3.6 you are in breach of the Acceptable Use Policy.
9.4 While the Broadband 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 Anywhere Fibre may incur as a result of such suspension or termination and any subsequent reconnection of Broadband Service(s). Please refer to the Code of Practice on dispute resolution on-line at www.anywherefibre.ie.
9.5 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 Broadband 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 9 shall become immediately due and payable.
10. LIABILITY
10.1 You are solely responsible for preventing unauthorised access to and use of the Broadband Service(s) and Anywhere Fibre shall have no liability in this regard.
10.2 We shall not be liable for any loss or damage of any kind caused by the failure of the Broadband Service(s) or Equipment due to the incompatibility with equipment supplied or used by you with the Broadband Service(s) or the Equipment.
10.3 We shall not be liable to you or any third party in contract, or to otherwise for any financial loss whatsoever or for any indirect or consequential loss howsoever arising in relation to the use of the Broadband 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.
10.4 We have no liability under this Agreement for the acts and omissions of other telecommunication operators or Content providers.
10.5 We are not liable for claims arising out of a breach in the security or privacy of messages or calls transmitted using the Broadband Service(s).
10.6 Equipment Warranty: Anywhere Fibre warrants to you that the Equipment will be substantially free from material defects under normal use (as determined by Anywhere Fibre) 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 Anywhere Fibres’ policies or other instructions issued by Anywhere Fibre, a Broadband ration or additions to the Equipment not approved by Anywhere Fibre, or any other cause beyond the commercially reasonable control of Anywhere Fibre. Repair or replacement, in Anywhere Fibres’ sole discretion, of the Equipment is Anywhere Fibres’ 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.
10.7 This Clause 10 shall continue to apply notwithstanding termination of this Agreement.
11. MAINTENANCE
11.1 You agree that from time to time it may be necessary for Anywhere Fibre to temporarily suspend the Broadband Service(s) during periods of repair, essential maintenance or a Broadband ration or improvement to the Network or otherwise in accordance with law. Where reasonably practicable Anywhere Fibre will give the Customer notice prior to such suspension of the Broadband Service(s) and Anywhere Fibre shall restore the Broadband Service(s) as soon as possible after such suspension. Anywhere Fibre shall endeavour to carry out such work outside normal business hours. No liability will be accepted by Anywhere Fibre for any loss or damage arising as a result of an interruption in the Broadband Service(s) during such maintenance or repair time.
11.2 You agree to notify us as soon as possible after a defect, fault or impairment in the operation of the Broadband Service(s) is detected and Anywhere Fibre shall use it’s commercially reasonable endeavours to attend to the fault as soon as reasonably practicable as determined by Anywhere Fibre. We will do so during normal business hours at the Customer Address or at whichever location Anywhere Fibre considers the reported fault to be located.
11.3 Anywhere Fibre 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 Anywhere Fibre, its employees and agents, or if in the sole opinion of Anywhere Fibre it arises from the wilful 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.
12. USE OF YOUR INFORMATION
12.1 In accordance with the applicable data protection legislation, any of your personal information or data obtained by Anywhere Fibre through an application for or the use of the Broadband Service(s) may be accessed and used by Anywhere Fibre or its Affiliates for the purposes to provide and manage the Broadband Service(s), for legitimate business purposes or to comply with a legal or regulatory obligation in accordance with this Agreement with you and as set out in the Privacy Policy.
12.2 We use the information we collect for the purposes as set out in the Privacy Policy including to provide the products and services you request, to manage our relationship with you as our customer and administer your account for service delivery, provisioning, customer services enquires, technical support, billing, payment processing and to manage collections, to record instructions you give us and keep you updated on any changes to your service, to record our communications with you including emails and phone conversations, to administer your account and for verification, training and quality assurance, to route and manage traffic and usage across our network, to ensure our network is secure and detect and prevent fraud or carry out network troubleshooting, to meet our legal or regulatory obligations, to protect or enforce our rights or those of a third party, to protect someone’s vital interests, to apply your requested National Directories Database preference, to improve our product and services and offer new features, to conduct analyses of the performance of our services, network or customer services through anonymised or aggregated information which doesn’t identify you.
12.3 We share your information with trusted third parties for a number of reasons as set out in our Privacy Policy including with other Affiliates, third party suppliers who work on our behalf to provide and manage our services, to detect, prevent or otherwise address fraud, security or technical issues, to carry out credit checks or debt collection processes, if you fail to meet your contractual obligations with us, to protect or enforce our rights or those of a third party, to deal with complaints, queries and protect our legal rights, to protect someone’s vital interests, if there was a merger or change of ownership of Anywhere Fibre, if a third party who is processing your data on our behalf is required to disclose it by law and if required to comply with a law, regulation or legal request. If we need to transfer your data outside the EEA when we require a third party to work on our behalf for the performance and delivery of a product or service, we require any such service providers to process your information in a secure manner and in accordance with Irish and EU law on data protection.
12.4 We’ll only use your information, with your consent, for marketing purposes or when you accept the use of cookies on our sites or applications. You can manage your contact preferences and decide how you would like us to keep you updated or not about our products, services and exclusive promotions via post, telephone, text or email at any time via Anywhere Fibre customer portal, by the contact preferences link at the bottom of our website or just click unsubscribe at the bottom of any email or text message we may send you. We don’t share your information with third parties for marketing purposes – we only send you information that’s relevant to our services. To provide you with your service and manage your account with us we will always send you communications about your Account, Billing or important Service updates.
12.5 Your personal information or data will not be retained for longer than required for the purposes of its processing, subject to any limitation periods imposed by law.
12.6 You have rights in relation to the personal information that we hold about you, as defined by data protection legislation and as set out in our Privacy Policy. As we use your information to provide you with your services and for the performance of our contract with you, if you object to processing information or make requests for restriction/erasure these may affect our ability to provide you with the service requested. You can exercise any of your rights by contacting our Data Protection Officer at dataprotection@anywherefibre.ie.
12.7 Further information on how Anywhere Fibre obtains, holds and uses such Customer information or data is available online in our Privacy Policy at www.anywherefibre.ie/privacy which forms part of this Agreement.
12.8 By entering this Agreement, you acknowledge that your personal information or data will be used to provide and manage the Broadband Service(s), for legitimate business purposes or to comply with a legal or regulatory obligation in accordance with this Agreement and as set out in the Privacy Policy.
13. MISCELLANEOUS
13.1 The Order; these Terms and Conditions; the Acceptable Use Policy; together with the current Anywhere Fibre Product and Price Guide(s) as amended from time to time constitutes the entire agreement (“the Agreement”) between the parties in relation to the Broadband Service(s) and shall supersede any previous agreement(s) that may have been executed by you for the provision of the Broadband 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.
13.2 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.
13.3 Anywhere Fibre reserves the right to change any terms of this Agreement, the Broadband Service(s) or any part thereof and the Anywhere Fibre 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.
13.4 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.
13.5 Notices to Customer: Anywhere Fibre will send all relevant notices either 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 Anywhere Fibre shall be deemed served 48 hours after posting or immediately on emailing or on earlier proof of delivery. Notices to Anywhere Fibre: Anywhere Fibres’ address for service of any notice hereunder shall be National Technology Park, Limerick, Ireland or such other address as we may specify.
13.6 Assignment: You may not assign this Agreement in whole or in part without the prior written consent of Anywhere Fibre. Anywhere Fibre may assign this Agreement to an Affiliate or third party at any time.
13.7 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 Broadband Service(s) or to use the Equipment shall not preclude reliance by Anywhere Fibre on any of its rights under this Agreement.
13.8 Force Majeure: In the event of Force Majeure, Anywhere Fibre 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 labour disturbance, acts or omissions of Government, highway authorities or other circumstances beyond the commercially reasonable control of Anywhere Fibre that prevents it from providing the Broadband Service(s).
13.9 Use of the Broadband Service(s) or any part of them also constitutes acceptance of these Terms and Conditions.
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.