Terms & Conditions for Internet
and Rapid Phone service.
This policy applies to you if you are a subscriber or user of
Rapid Broadband. It is intended to ensure that your use of our
service is trouble free and that you have due regard to the law
and the needs of other users. Please read it carefully. It is a
condition of your use of our service that you comply with the
terms of this policy. This policy may be amended by Rapid
Broadband at any time and you are therefore advised to
frequently visit our web page www.rapidbroadband.ie, Users will
be emailed if there are any significant changes or additions to
this document.
1. Some general principles
1.1 Rapid Broadband is not responsible for the content of user
originated traffic
We exercise no direct supervision or control whatsoever over the
content of the information passing through our network. We do
not assume any responsibility for information not sent or
authorised by us. The responsibility for traffic that does not
conform with this policy and all possible consequences lie with
the sender of the traffic
1.2 You are responsible for use of your account
If you permit others to use our service, you are responsible for
making users of the service aware of this policy and obtaining
compliance of your users with this policy
1.3 Rapid Phone Service.
Rapid Phone service uses VOIP (Voice Over Internet Protocol) to
connect a Rapid Users geographical number (i.e. 021, 023, 028)
to the PSTN (i.e Eircom standard phone line) Network via a SIP
Telephone Exchange. The Quality of Service depends on the
Internet Connection. Rapid Broadband will ensure that all Rapid
Phone customers quality issues reported will receive the highest
priority over all other operational issues to ensure optimum
service to our Rapid Phone customers.
1.4 Rapid Phone - Directory Listings
The customer can maintain their phone number in the Eircom phone directory.
However, after porting telephone number to Rapid Broadband, the customer must submit a NDD form to rapid Broadband if they wish to maintain their telephone number on the Eircom phone directory. This form is available to download from our Website. Rapid Broadband has taken every care to provide an efficient phone service, including not least, priority of phone traffic throughout our Network, porting of numbers from other providers and submission of phone numbers to the National Directory Database for inclusion in the Eircom Phone Directory. Rapid Broadband to the fullest extent permitted by law, fully disclaim and assume no responsibility or liability (and shall in no event have any liability in respect of) any loss or damage whether direct, indirect, special, consequential or otherwise caused by use of the Rapid Phone Service, porting of number from or to other service providers or from incorrect or omitted telephones numbers, incorrect or omitted wording.
1.5 Rapid Phone - Geographical Numbers
Customers who port (transfer) their current number (021,023,026,028) from a PSTN Landline (i.e Eircom, Perlico, etc) to Rapid Broadband's phone service, can in the future port their number back to another provider.
Rapid Broadband can provide 021,023 and 028 numbers to customers who have no current landline or require a second line. However, these numbers are not transferable to other providers.
1.6 Rapid Phone - Sending and Receiving Faxes
Rapid Phone service uses VOIP (Voice Over Internet Protocol) which may affect sending and receiving faxes.
2. Installation & General
2.1 The Customer agrees that Rapid Broadband is not responsible
in any way for any networking, computer, telecommunication,
software or other electronic equipment at the Customer's
premises and that any malfunction of same can not be attributed
to the Service and that no troubleshooting or repairs of same
will be entered into by Rapid Broadband.
2.2 Rapid Broadband will make all reasonable efforts to
safeguard the privacy of any communications performed by the
Customer using the Service, however, as with most internet
communications, it may be necessary to inspect or modify
communications on the Service either manually or electronically
for the purposes of, but not limited to, continued effective
operation of the network, maintenance or cooperation with law
enforcement agencies.
2.3 Rapid Broadband has the right to use subcontractors for the
purpose of provision of the service at it's own discretion.
2.4 The Customer is responsible for obtaining all necessary
rights and permissions for access, running of cable, mounting of
Equipment for the installation of the service and also ongoing
access for the purposes of maintaining and recovering Equipment.
The Customer accepts all responsibility for issues arising out
of failure to obtain same.
2.5 The Customer will keep the areas that house Equipment clean
and dry and in a state suitable for the accommodation of
telecommunications equipment and will ensure that the Equipment
is not damaged. The Customer takes full responsibility for
damage to the equipment and warrants that any damage will be
made good at the Customer's cost, including replacement of the
Equipment if necessary..
2.6 The Customer agrees not to resell or allow use of any part
of the Service without written consent from Rapid Broadband.
2.7 The Customer will provide at no cost to Rapid Broadband, any
electricity required at the Customer's site, necessary for the
provision of the Service.
2.8 The Customer agrees to use the Service subject to the
Acceptable Usage Policy as published by Rapid Broadband from
time to time on it's website.
2.9 The Customer agrees to use the Service subject to any
applicable legislation, laws or rules and to indemnify Rapid
Broadband from the result of any breach of same.
2.10 Rapid Broadband will make all reasonable efforts to provide
the Service, however the service is provided on an "as-is" basis
and no warranty is given as to merchantability or suitability
for any particular purpose.
2.11 Rapid Broadband will make all reasonable efforts to provide
the Rapid Phone Service. However, in the event of loss of
service, Rapid Broadband is not responsible for any losses
incurred by the customer.
2.12 The Customer agrees that malfunctioning of individual
websites or other third-party services accessed using the
Service is not the responsibility of Rapid Broadband.
3. Title
3.1 The Equipment remains the property of Customer. However,
Rapid Broadband will only provide service to CPE Equipment which
has been installed by a Rapid Broadband approved Technician. In
the event of the customer moving to a new location, the movement
of the CPE is deemed to be a new installation and will be
subject to a new contract.
3.2 IP addresses assigned to customers are hired by Rapid
Broadband for the duration of the service and may be owned by
Rapid Broadband or it's upstream providers. At cessation of the
service, all addresses will be taken over for other usage by
Rapid Broadband and no responsibility is assumed by Rapid
Broadband for any disruption caused.
3.3 Rapid Broadband will endeavour not to change the IP
address(es) assigned to the Customer, however, if for any reason
this becomes necessary, no responsibility is assumed by Rapid
Broadband for any disruption caused.
4. Fees & Payments
4.1 The Customer agrees to pay for the Service according to the
rates published on Rapid Broadband's website from time to time.
4.2 All payments are to be made using the payment method
selected on the initial order form.
4.3 Unless stated to the contrary, all published prices exclude
VAT and bank fees where applicable.
4.4 Fees for the Service will be paid monthly in advance.
4.5 The Customer agrees that if she does not pay fees on time
that the Service may be suspended, altered or degraded and that
any costs arising from these activities or from the collection
of fees will be payable by the customer.
4.6 In the event of the Customer cancelling the Service, the
Customer will be liable to pay a cancellation fee of €200. This
fee will be payable within 30 days of cancellation. However,
Rapid Broadband will accept the return of the "CPE" - Customer
Premises Equipment instead of the cancellation fee.
4.7 In the event of a customer cancelling before the "Minimum
Period" (see 8.1), the customer is liable for the monthly
payment until the "Minimum Period" is complete.
4.8 Invoices will be sent to the customer by email free of
charge. A fee of €2.00 will apply to for invoices which are
posted within the Republic of Ireland at the customer's request
4.9 The Customer agrees to inform Rapid Broadband by email or by
Postal Letter if they wish to cancel service. Service is deemed
cancelled once the customer receives return email confirming
cancellation. The customer must ensure they receive the return
email. In the event of not receiving the return email, the
customer must contact Rapid Broadband by phone on the number
shown on web site home page.
5. Suspension of Service
5.1 Rapid Broadband may at any time suspend the service if it is
required to do so for safety reasons or maintenance purposes or
on non-payment of fees or for licencing reasons or for legal
reasons or for financial reasons or if the Customer is, in Rapid
Broadband's view, in violation of the Acceptable Usage Policy as
published and amended from time to time on the Rapid Broadband
website.
5.2 If Rapid Broadband is required to suspend the service due to
violation, in Rapid Broadband' view, of the Acceptable Usage
Policy as published and amended from time to time on the Rapid
Broadband website and the date of suspension is before the end
of the minimum period, the Customer will be liable to pay a
cancellation fee of €200. This fee will be payable within 30
days of suspension of the Service.
5.3 Rapid Broadband may terminate this agreement or the Service
at any time for any reason whatsoever.
5.4 Upon termination of this agreement or cancellation or
suspension of the Service, the Customer agrees to stop using the
Service and agrees to allow Rapid Broadband to terminate the
Service immediately and to cease using the Equipment immediately
and agrees that Rapid Broadband will not be held responsible for
loss of information, communications, data or business as a
result of termination of the service. The Customer agrees to
cancellation fees as set out in condition 4.6
5.5 Any content hosted or carried by Rapid Broadband as part of
the Service, including but not limited to web pages, scripts,
images, files or emails will be deleted on cessation of the
service at Rapid Broadband's discretion.
5.6 Rapid Broadband may take action to suspend the Service if
malicious traffic is seen to emanate from or target the
Customer's network, including but not limited to virus or
worm-generated traffic, unsolicited emails or spam. If the said
traffic is emanating from the Customer's network, Rapid
Broadband will not be obliged to reinstate the Service until the
source of the malicious traffic is identified and stopped and
Rapid Broadband will not be liable for any loss as a result of
the suspension of the Service.
5.7 Suspension or termination or other cessation of the Service
will not be regarded as Downtime for the purposes of the Service
Level Agreement.
6. Limitation of Liability
6.1 Rapid Broadband does not provide any assurances or
warranties or insurances of the merchantability of the Service
or the suitability of the Service for any purpose. Rapid
Broadband does not guarantee continuous access to the Service
and shall not be liable beyond penalty charges as defined in the
Service Level Agreement for the Customer's inability to access
the Service at any time or failure to provide the Service.
6.2 Rapid Broadband is not responsible for or liable for any
damages or loss of Service caused by matters outside the
reasonable control of Rapid Broadband. Reasonable control
includes but is not limited to lightning, weather, climate,
flooding, fire, terrorism, vandalism, acts of government,
industrial disputes, performance of external communications
networks or other outsourced services.
6.3 On no account will any liability, fee or refund payable by
Rapid Broadband to the Customer exceed the total amount paid by
the Customer to Rapid Broadband.
6.4 Rapid Broadband will not be liable for any losses or damages
suffered by the Customer as a result of use of the Service.
6.5 Rapid Broadband will not be liable for any penalties, costs,
custodial sentences or other liabilities imposed as a result of
the Customer's use of the Service.
6.6 The Customer agrees to hereby indemnify Rapid Broadband of
any liability for damage to devices or software at the
Customer's premises as a result of interconnection with the
Equipment.
6.7 Line of sight between Rapid Broadband’s transmitter and
Customer CPE is required. Line of sight is defined as a clear
unobstructed view. Rapid Broadband Ltd shall not be liable
should any obstructions or topographical changes take place
after installation.
7. Service Level Agreement Terms
7.1 The maximum penalty charge creditable to a Customer's
account for any one month is 80% of the monthly fee.
7.2 Penalty charges for any period to any Customer shall never
exceed the fees invoiced for the Service by Rapid Broadband.
7.3 Only measurements carried out by Rapid Broadband shall be
used for the calculation of Service Level Agreement parameters.
7.4 Timing of Downtime begins when the fault is recorded by or
reported to Rapid Broadband's support team and ends when the
fault is deemed fixed by Rapid Broadband' support.
7.5 Downtime as a result of planned maintenance is not included
in Downtime calculations.
7.6 Downtime as a result of the actions or inactions of persons
or bodies outside of Rapid Broadband (including but not limited
to the customer, contractors, upstream providers and suppliers)
or due to circumstances outside the control of Rapid Broadband
(including but not limited to acts of God, terrorism, or
vandalism) is not included in Downtime calculations.
7.7 In the event of an apparent fault, the customer will make
all reasonable attempts to verify that it is in fact the Service
that is faulty.
7.8 Any faults in the service must be reported to Rapid
Broadband's support team using the published main phone number
for Rapid Broadband or any phone number supplied by Rapid
Broadband for this purpose. Once a fault is logged, Downtime
timing is commenced.
7.9 Any fault reference number or other identifier supplied by
Rapid Broadband must be used in all subsequent correspondence or
reference to the fault made by the Customer.
7.10 Rapid Broadband will try to diagnose a fault by attempting
to contact the Customer's CPE using the TCP/IP ping operation.
If Rapid Broadband receives a reply from the CPE, the network
connection is deemed to be up and further troubleshooting will
be at Rapid Broadband' discretion.
7.11 If a reported fault is found not to be a fault with the
actual service (as defined by Downtime in section 1) or if Rapid
Broadband is required to attend a fault outside Normal Working
Hours, Rapid Broadband reserves the right to bill the client at
normal commercial rates.
7.12 Rapid Broadband is only responsible for faults on the Rapid
Broadband network. If Rapid Broadband can demonstrate
connectivity at the ethernet port of the CPE, the Service is
deemed to be up.
7.13 Poor performance figures caused by faults in the measuring
equipment are to be disregarded.
8. Law
8.1 This Licence Agreement shall be governed by Irish Law.
Definitions:
"CPE" - Customer Premises Equipment, the equipment provided to
the customer by Rapid Broadband Ltd and remains property of
owner.
"Customer" - The customer of Rapid Broadband named in the order
form with which the service(s) was (were) ordered.
"Downtime" - A period during which Rapid Broadband cannot
perform a TCP/IP
"ping" - operation on the customer's CPE, but excluding any
period during which the Service is suspended, terminated or
ceased for any reason and also excluding scheduled maintenance
and subject to any other exclusions as defined in the terms &
conditions and the service level agreement.
"Equipment" - CPEs, antennae, radio equipment, masts, poles,
brackets, cabling, junction boxes, wall outlets, connectors and
any other devices or items supplied by Rapid Broadband for the
provision of the service.
"Minimum Period" - A period of 6 months from the Switch-On Date.
"Normal Working Hours" - 9am - 5pm, Monday - Friday, excluding
public holidays.
"Rapid Broadband" - Rapid Broadband Ltd and any subcontractor
acting on behalf of Rapid Broadband Ltd
"Service" - The service(s) that the customer has ordered from
Rapid Broadband, terminating at the Ethernet port of the CPE or
Router for Broadband and at the Phone Port for Rapid Phone
customers
"Rapid Phone" - Rapid Broadband's Phone Service