Terms & Conditions
Terms & Conditions
Contracting Parties
This Agreement is made between; (i) Regional Telecom Limited (Company number 397148)
(“Regional Broadband”) and (ii) the party contracting to accept and pay for services from
Regional Broadband (“You”).
General Terms & Conditions
Set out within this document are the general terms and conditions (the “General Terms”)
which apply to all Regional Broadband fixed telephone (including VOIP) and broadband
services (excluding satellite) (the “Services”).
Other Specific Terms & Conditions
In addition to the General Terms, other more specific terms may apply and relate to the
specific Service ordered by You (the “Specific Terms”).
Binding agreement
The General Terms together with the Order Process and any Service specific terms and
conditions, tariff plans or promotions constitute a legally binding agreement (the
“Agreement”) between Regional Broadband and You. If any of the Services ordered by You
are used by You or anybody else (with or without Your permission), that shall also be
deemed to constitute an acceptance of this Agreement.
Commencement and Term
From the Commencement Date, You shall be bound by and deemed to have accepted the
Agreement.
Subject to termination in accordance with these General Terms, the Agreement shall
continue for the Minimum Term of the applicable Services and thereafter shall continue on a
month by month basis until terminated in accordance with these General Terms.
Changes to the Services or the Agreement
Regional Broadband may vary or change the Agreement or any part of the Services for any
commercial, technical or operational reason and any material changes shall be notified to
You in advance.
These Terms and Conditions can only be changed by Regional Broadband giving You thirty
(30) days’ notice. In the event of any such alteration, You shall have the option to terminate
the Service without penalty during that 30 day notice period, subject to payment by You of all
Charges due to date. Your continued use of the Service after this 30 day notice period has
expired signifies Your acceptance of any amendment.
Wholesale Providers Requirements
The Service may rely on a Wholesale Provider of either fixed telephone line or fibre access
to allow provision of the Services. You must have a service delivery address located within a
geographic area covered by the network reach of the Wholesale Provider’s network, and be
capable of a standard installation type as determined by the Wholesale Provider.
Moving Home
Regional Broadband shall be under no obligation, to provide You with the Services at Your
new address if You move home, but may attempt to do so if it is within our serviceable area.
If You move home and Regional Broadband does not provide You with Services at Your new
address You remain liable to pay the applicable Charges in relation to the Minimum Period
for the Services provided to Your old address.
If Regional Broadband does agree to provide the Services to Your new address, You shall
be entered into a new Minimum Term contract for all Services associated with Your account
from the date of activation in the new address.
Transferring the account
If You would like to transfer ownership of this Agreement You must complete and Regional
Broadband must accept a valid transfer of ownership application. It is also possible to
change and amend the account holder details for Your Regional Broadband customer
account. You can find out more information on www.regionalbroadband.ie.
Timing of Installation
Timelines for Service installation will vary depending on the circumstances affecting the
delivery mechanism for You. Regional Broadband will, on receipt of an order, endeavour to
provide You with an estimated timeline within which it will deliver the Services. Regional
Broadband will use its reasonable efforts to install the Services in accordance with the
timeline it agrees with You, but such dates are estimates only and Regional Broadband
cannot guarantee that it will meet such dates. Regional Broadband will work with the
Wholesale Provider to provide the initial connection to You as soon as possible and in any
event within forty five (45) days of the date on Your Order Process or as otherwise agreed
with You. If using commercially reasonable efforts, we do not provide You with the initial
connection within such 45 day period, Regional Broadband shall not be liable, but the
Agreement may be terminated with immediate effect without penalty between Regional
Broadband and You.
Delivery Time Frames
Please note that while we strive to provide next day delivery whenever possible, we
cannot guarantee it as delivery times may vary depending on the operations of our delivery
partners, stock availability, as well as the day of the week and time that an order is placed.
Next day delivery will only be available on standard working days, which are Monday to Friday
and excludes Saturdays, Sundays, Good Friday and bank or public holidays
Engineer Visits for Installation
If an Engineer is required to visit Your home or place of business (the “Property”) to install
the Equipment (“Engineer Visit”), You will be notified with an initial appointment date and
time (within normal working hours) for the Engineer Visit. If You wish to reschedule this initial
appointment, You can do so without charge until 4pm on previous working day, prior to the
appointment.
The Engineer must be allowed access to the Property in order to allow for the installation of
Equipment and so that they may carry out any works necessary for the provision of such
Services.
Preparing the property for the engineer
You accept full responsibility to ensure that there is a clear and safe environment for the
Engineer to carry out the installation of the Service, including moving any obstructing
furniture prior to the arrival of the Engineer. The Engineer is forbidden from engaging in such
activity and Regional Broadband reserve the right to charge for any additional time spent on
site by the Engineer as a result of having to wait, or as a result of having to reschedule the
appointment due to the Property not being ready for the installation.
You may require Equipment in order to receive the Services. Where this Equipment has
been posted to You, it is Your responsibility to have the Equipment at the Property prior to
the Engineer Visit.
Engineer Works
The installation of the Service may require works to be carried out on the Property, which
may include a change of phone socket in the wall or drilling a hole through the wall of Your
property and affixing a coupler box to an external and internal wall and/or any other works
which may be required to complete the installation as deemed necessary by the Engineer.
The Engineer will utilise any suitable available pre-existing overhead and underground
infrastructure where possible, although in certain circumstances, underground digs may be
required. Where no underground ducts are available, an overhead install solution may be
used between homes and/or businesses and/or from a power line, or telephone, pole onto
the façade of the Property. You must be present at the Property at the arranged time for
install, in order to facilitate access, as required and to acknowledge that the works have
been carried out to a suitable standard.
Regional Broadband has no responsibility for carrying out any remedial works to the
Property after cessation of the Service and/or removal of Equipment.
Third Party Consent to Engineer Visits and Works
It is Your responsibility to obtain any third party consents as may be required by the
Wholesale Provider. Failure to obtain these consents shall result in this Agreement being
terminated with immediate effect without penalty between Regional Broadband and You.
Where rental premises are concerned, it is the responsibility of the tenant to inform and seek
permission from the landlord regarding the installation of Equipment, including any required
alterations to the premises.
No liability for engineer works or power interruption.
The Service installation will be completed by the Engineer. Regional Broadband does not
accept any liability whatsoever for any loss or damage that may occur to the Property during
the Service Installation.
Your power supply may be interrupted during the installation process and during the
provisioning of a Service You may experience a temporary loss of existing services.
Regional Broadband shall not be held liable to You for any losses or damages howsoever
arising during such period.
Cancellation and penalty charges re Engineer Visit.
You will be liable to pay a penalty charge to Regional Broadband in each of the following
cases;
If You have not provided the necessary cancellation notice period in respect of the
scheduled Engineer Visit appointment (i.e. Up to 4pm of the previous working day) or do not
answer Your phone within the scheduled appointment window;
If the Engineer cannot gain access to the Property due to a 3rd party access issue, for
example within an apartment block;
If You refuse to allow the Engineer onto Your Property on the agreed appointment date;
In the event an extension kit is required and the Property has not been cleared for the
Engineer to work. This can include the removal of furniture or carpet etc.
Where the environment is considered dangerous or unsafe to the Engineer, the works may
not proceed but the cancellation/penalty charge may be levied regardless.
Provision of the services and Service levels
Regional Broadband will, once installed, use reasonable skill and care in supplying the
Services, but there is no guarantee of fault free performance. Regional Broadband does not
warrant that the Services will be suitable for specific customer applications, that the
operation of the Services will be uninterrupted or error-free or that the Services will support
or be compatible with any applications or other services which the Customer uses in
conjunction with the Services.
Due to the nature of the Service, it is often not possible for Regional Broadband to fix a
particular fault in a guaranteed timeframe. However, Regional Broadband will use all
reasonable endeavours to repair faults in a timely fashion, but is not liable for compensation
or refunds to You if targeted service quality levels are not met.
Unauthorised third party access or interference
Regional Broadband shall on a network level make reasonable efforts to prevent
unauthorised logical access to the Services by third parties but shall have no liability You for
any loss or damage caused by unauthorised third party logical access to Services or the
Equipment. Security of devices and Equipment is your responsibility.
Fair Usage
To ensure equal internet access for all subscribers, Regional Broadband operates a fair
usage policy. Fair usage establishes an equitable balance in internet access across high
speed internet services for all subscribers. A fair usage policy also exists in relation to voice
packages. To ensure this equity, certain types of traffic such as email and browsing may be
prioritized over other traffic. Regional Broadband provides the Service on a “best effort”
basis and does not guarantee upload or download speeds.
A copy of the fair usage policy is available on the website
www.regionalbroadband.ie/fair-usage-policy.pdf. Article 4.1 (d) of Regulation (EU)
2015/2120 requires Regional Broadband to provide a clear and comprehensible explanation
of the minimum, normally available, maximum and advertised download and upload speed of
the internet access services in the case of fixed networks, or of the estimated maximum and
advertised download and upload speed of the internet access services in the case of mobile
networks, and how significant deviations from the respective advertised download and
upload speeds could impact the exercise of the end-users’ rights. Regional Broadband
complies with that obligation by the publication of its Broadband Speeds Information
document on its website;
https://regionalbroadband.ie/speedinformation.pdf
Those speeds form part of these General Terms and are the contracted speeds for your
Service.
Suspension of the Service
Regional Broadband is entitled to temporarily suspend the Services during periods of repair,
essential maintenance or alteration or improvement to the Services or otherwise in
accordance with the law.
Regional Broadband may immediately, without notice, temporarily suspend, restrict, and/or
disconnect Your use of the Services (collectively “Suspension”) wholly or partially for any
valid reason, including without limitation, where:
You fail to pay any Charges set out in this Agreement
You fail to observe any other term or obligation set out herein or any relevant law; or
You engage in any activity (or permit any activity) which Regional Broadband (as in its
discretion shall determine) considers to be contrary to existing legislation or regulations
applicable to provision of the Services or is or is likely to have an adverse impact on the
quality of the Services.
You are not relieved of Your obligation to pay Charges during any period of Suspension.
Notice of suspension
Regional Broadband shall use reasonable endeavours to contact You, but shall not be
obliged to contact You, prior to any such suspension of the Services.
Continuing suspension
Regional Broadband shall be entitled to maintain suspension of the Services until any
breach outlined in Clause 20 is remedied to Regional Broadband’s satisfaction
Reconnection fee after Suspension
Regional Broadband shall be entitled to charge a reconnection fee on reconnection of a
customer following any temporary period of suspension pursuant to clause 20.
Your obligations
You warrant that all information and details provided by You to Regional Broadband in the
Order Process are true and accurate and You shall promptly advise Regional Broadband
immediately in writing or by contacting Regional Broadband’s customer care team via 1902
(where applicable) with any changes to that information (including without limitation, Your
name, address, email address and/or telephone number).
You undertake and agree to use the Equipment as supplied by Regional Broadband only in
order to access the Services and You shall not use the Equipment otherwise than permitted
under this Agreement.
The Services are provided solely for Your own use.
You undertake not to use or permit others to use the Services or the Equipment:
to sell on or supply the Services to anyone on a commercial basis;
for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the
Services;
in any way that may cause degradation of service levels to other customers as determined
by Regional Broadband or in any way jeopardises, impairs, interrupts or interferes with the
integrity or security of the Services;
to send unsolicited commercial communications or promotional material;
for the communication, transmission, publication, distribution or dissemination of any
material which is, may be or is intended to be a hoax or is of a defamatory, offensive,
abusive, obscene, indecent or menacing nature or in breach of any intellectual property right;
for the processing of automated or manual “personal data” in contravention of Data
Protection Legislation; or
otherwise in any manner which does not comply with the terms of any applicable law,
legislation, regulation, direction or any licence or authorisation applicable to You or any
instructions given by Regional Broadband from time to time.
You shall ensure that all persons having access to the Services or the Equipment comply
with this Agreement.
You agree that You are responsible for keeping all usernames, PINs and passwords of all
Your Services secure and private at all times and understand that You should not in any
circumstance give Your PIN numbers, passwords to any third party (unless You are happy
for them to use Your account and to incur additional Charges on Your account). Please
contact us immediately using the details on our website if You suspect or become aware of
any:
violation of the security on Your Regional Broadband account;
breach of the security software on Your Services;
unauthorised use of Your Services; or
other breach or suspicious performance on Your Services.
Indemnity by You to Regional Broadband
You hereby indemnify and hold Regional Broadband harmless against all liabilities, claims,
damages, losses, expenses and proceedings made against it by any third party connected
with the use by You or any other person of the services and/or the equipment provided
under this agreement and/or any breach of this agreement by You.
Supply and Maintenance of Equipment
Regional Broadband will supply suitable Equipment to You in order to facilitate provision of
and use of the Services. This Equipment remains the property of Regional Broadband and
may only be used in connection with the Services and You must comply with all
manufacturers’ instructions and any other reasonable instructions provided by Regional
Broadband in relation to the use of this Equipment. Regional Broadband may add to or
substitute the Equipment as necessary to provide the Services or for other valid reasons.
You shall ensure that all Equipment is maintained and kept in good working order.
If the customer requires replacement Equipment from Regional Broadband outside the
period of their Equipment warranty, a charge may apply
Ownership of Equipment
Regional Broadband will retain ownership of all Equipment, including but not limited to any
cables and/or fittings provided to You under this Agreement and may remove them during or
upon the termination of this Agreement. For the avoidance of doubt, title to any Equipment
will not transfer to You and it shall remain vested in Regional Broadband unless agreed
otherwise between You and Regional Broadband. In such circumstances title to such
Equipment will pass to You upon full payment of any relevant equipment fees only.
No guarantees re equipment
Regional Broadband does not guarantee that hardware, other than that supplied by Regional
Broadband, will work with the Services. Regional Broadband does not encourage You to
connect any equipment to the Services which has not been supplied or expressly approved
by Regional Broadband. Regional Broadband shall have no liability for any equipment,
plug-ins or other devices, hardware or software provided by You, for use in connection with
the Services. Any such equipment must be compatible with the Services, must not cause
damage or loss to the Services and the Regional Broadband network and must be used in
accordance with relevant instructions, safety and security procedures.
Regional Broadband does not support or make any assurances as to the quality of the
Services supplied through the use of third party equipment and shall not be responsible for
any loss or damage howsoever arising from third party equipment or the Services as a
result.
Changes to equipment settings
Regional Broadband may change its service delivery method or platforms from time to time
which may require You to change the Equipment and/or the Equipment settings to continue
to avail of the Services. You agree that such changes do not constitute changes to the
Agreement. Regional Broadband is not liable for any costs
incurred as a result of any changes required to be made by You.
Return of equipment
On termination of this Agreement, cancellation of any Service or on receipt of any
replacement Equipment, where the requirement for a particular piece of Equipment which
was necessary for the provision of such Service is no longer necessary, You shall within
fourteen (14) days of the date of such termination, cancellation or receipt of replacement
Equipment, return the required Equipment to Regional Broadband.
Equipment non-return fee
Regional Broadband will provide You a postage pre-paid return envelope for return of the
required Equipment. If You fail to return the required Equipment, You may be charged an
Equipment non-return fee. The Equipment non-return fee for the purposes of this clause
shall be up to €150.
Limitation of Liability
Nothing in this Agreement shall limit or exclude Regional Broadband’s liability to You for
personal injury or death.
Regional Broadband shall use reasonable endeavours to ensure that the Service is available
for use by You in accordance with the Agreement but shall not be liable for any delay,
failure, interruption, or deterioration therein, howsoever arising.
You acknowledge that Regional Broadband shall to the greatest extent permitted by law,
have no liability whatsoever for any delay, failure, interruption, non-availability or
deterioration in any Equipment or Services provided under this Agreement.
Save as expressly provided herein, Regional Broadband disclaims all representations,
warranties, guarantees, terms or conditions of any kind, whether express or implied,
including but not limited to implied undertakings regarding quality of service implied under
Section 39 of the Sale of Goods and Supply of Services Act, 1893 and 1980, to the fullest
extent permitted by law and You agree that is fair and reasonable.
Under no circumstances shall Regional Broadband be liable for any loss or damage arising
as a result of:
the failure of the Services or Equipment due to the incompatibility of the Services with any
equipment not supplied by Regional Broadband;
the acts and omissions of other telecommunication operators (including the Wholesale
Provider); or
breach in the security or privacy of messages transmitted using the service provided by us
unless the breach results from the wilful default of Regional Broadband or its employees.
Exclusion of Consequential Loss
Under no circumstances shall Regional Broadband be liable to You or any third party,
whether under contract, tort, statute or otherwise, for any indirect, economic, special or
consequential loss, or loss of profits howsoever arising as a result of Your use of the
Services and/or the Equipment or otherwise in connection with this Agreement, whether
foreseen or unforeseen, including but not limited to loss of time, loss of savings, loss of data,
loss of business, loss of revenue, loss of opportunity, loss of goodwill or loss of profits.
Absolute Cap on Liability
Without prejudice to the exclusions of liability set out in this Agreement, Regional
Broadband’s entire aggregate liability to You or any third party for any and all claims,
howsoever arising out of or in connection with this Agreement and whether under contract,
tort, statute or otherwise, shall not exceed the lesser of (i) the total charges paid by You to
Regional Broadband in the twelve (12) months prior to the date of the last event giving rise
to such claim(s) and (ii) €1,500, provided that this shall not operate to exclude any minimum
liability imposed by statute.
Collection of Your Personal Information
Pursuant to the provisions of the Data Protection Legislation, Regional Broadband is a data
controller of the personal data for the purposes of this Agreement
Regional Broadband shall collect and process personal data for legitimate business
purposes that are connected with the delivery of the Services to You. These may include
processing Your application, conducting credit and anti-money laundering checks, supplying
You with Regional Broadband’s products or Services, administering Your account,
calculating usage and charges, invoicing, customer services and the efficient management
of call and traffic data. Regional Broadband may also process Your personal data for the
following purposes:
to monitor or record calls or emails to or from Regional Broadband’s Customer Care support
service for training and quality purposes, customer record purposes and in order to track
reported problems;
to prevent, detect and investigate fraud or any other criminal activity;
to investigate improper use of the Services or the network; or
to assess and profile Your network and billing history for pricing, statistical and customer
service purposes.
To the extent necessary, You consent to Regional Broadband accessing existing customer
account details on Regional Broadband’s systems (name, address, credit information, etc.)
for the purposes of processing Your Regional Broadband application, administering Your
account and provision of the Service to You. By entering into this Agreement, You explicitly
consent to the use of customer information for these purposes which include account
management, market research, customer profiling, product and service development,
product and service marketing and customer care, efficient operation of the Services and
other legitimate business purposes.
Retention of Your Personal Information
Personal information will be retained for a reasonable period in accordance with Regional
Broadband’s legislative obligations under the Data Protection Legislation in a secure
environment.
Disclosure of Your Personal Information
Regional Broadband may find it necessary to disclose certain customer information to its
Group Companies, other licensed telecommunications operators and Regional Broadband’s
agents and also to third parties (including other telecommunications operators) for the
purpose of administration, account management, service installation, customer profiling,
market research, fraud prevention, services and product development, insurance claims
processing, debt collection, porting and other legitimate business purposes. Personal data is
not otherwise disclosed to third parties, save where required for the purposes of compliance
with any regulatory, government or legal requirement.
Regional Broadband may also disclose personal data (i) if required by Data Protection
Legislation court order, the Data Protection Commissioner, (ii) if required by any other
statutory body or agency, or (iii), to the arbitrator/mediator as part of any dispute resolution
process, between itself and You.
Using Your Personal Information for marketing
Regional Broadband may use Your contact details from time to time to contact You about
Regional Broadband and its promotions, products or services which may be available to You
or to send You details of such promotions, products or services. You hereby explicitly
consent to such contact while You are availing of the Services and for a period of twelve (12)
months after You cease to avail of the Services. The Customer may indicate in the Order
Process or contact Regional Broadband’s customer care support service via 1902 at any
time that it does not wish to receive such communications.
Copies of Your Personal Information
You have the right to obtain a copy of any Personal Data (as defined by Data Protection
Legislation) that Regional Broadband holds about You. If You wish to avail of this right,
please submit a written request to: Data Protection Team, Customer Care, Regional
Broadband Limited, IDA Industrial Park, Dundalk, County Louth.
Tariffs
Regional Broadband keeps an up to date set of details of prices and tariffs available on the
Regional Broadband website from where up-to-date information on all applicable tariffs and
maintenance charges may be obtained, including payment methods offered and any
differences in costs due to payment method. Regional Broadband reserves the right to alter
such tariffs from time to time and shall notify customers of such changes in accordance with
Clause 6 of these General Terms.
CPI Annual Price Adjustment
The monthly price of your plan will increase each April by CPI plus 3%.
For more information on this please visit: https://www.regionalbroadband.ie/annual-price-adjustment/
Billing
Regional Broadband shall provide an online bill to You as default for the Service every
month. You agree to provide a valid email address for the purpose of online billing.
If You request a paper copy of the bill or are provided with a paper copy because a valid
email address was not given for online billing a paper bill will be provided free of charge. If
You request a hard copy of a previous bill, a fee may be charged.
Payment
All Charges and other payments due to Regional Broadband shall be paid in full by You by
the due date for payment set out in Regional Broadband invoice. Where payment of the
Charges is not made by the due date, Regional Broadband may apply a once-off late
payment fee as set out on the Regional Broadband Website. Regional Broadband reserves
the right to, and You agree that it is entitled to, contact You directly through the Services, by
email, by post, SMS or by telephone in relation to overdue payments.
In order to avail of the Service, You agree that all Charges and payments payable by You
under this Agreement shall be paid by direct debit or credit card (unless otherwise
specifically agreed with Regional Broadband). You hereby authorise Regional Broadband to
debit the Charges and other payments due to Regional Broadband under this Agreement
from Your bank/credit card account. Regional Broadband reserves the right to apply a
charge as set out as set out on the Regional Broadband Website for each occasion a
payment fails provided the failure is not caused by Regional Broadband.
You agree to pay the reasonable costs of any collection agency, solicitor or court used by
Regional
Broadband to collect past due amounts or to enforce this Agreement
Website Pricing and Product Information
While we strive to maintain accurate pricing & product information on our website, errors may occur. Regional Broadband is not liable for any such errors or omissions in pricing or product information displayed on our website. In the event of a discrepancy between the price listed on our website and the actual price charged for a product or service, we reserve the right to refuse or cancel any orders placed for that service.
Disputed Charges and Complaints
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.
Should You disagree with any charges shown on Your bill, You should contact Regional
Broadband’s customer care support service via 1902 or, alternatively, lodge a complaint in
accordance with Regional Broadband’s Code of Practice prior to the due date for payment.
Notwithstanding any complaint, all invoiced amounts shall be paid on the invoice due date
pending the outcome of the complaints procedure. If, following any such call to our Customer
Care support service or the complaints procedure (as applicable), it is established that the
Charges on any invoice are incorrect, Regional Broadband shall credit any overpayment to
Your account.
Save in the case of manifest error by Regional Broadband, all Charges shall be calculated
by reference to the data
recorded or logged by Regional Broadband. Regional Broadband’s determination in respect
thereof is final.
Where customer billing is dependent on information received by Regional Broadband from
other networks or operators then You accept that such information is an accurate record of
Your use of the Services.
Back Billing
Where Charges are not applied to Your invoice for the billing period relating to when they
were incurred, notwithstanding any other clause herein, You remain liable for any accrued
Charges and may, at any time, be billed for Charges incurred in a prior billing period.
Minimum Term
The minimum term of this Agreement (the “Minimum Term”) is outlined on the Order
Process, and following the expiry of the Minimum Term, the Agreement converts to a rolling
one month contract thereafter.
Upgrades or Downgrade during Minimum Term
In the event that You upgrade/downgrade from one Service as specified on Your Order
Process to another Service or charging option, the Charges for the higher/lower option (as
applicable) will apply with immediate effect. You will be given a new Minimum Term which
will take effect from the date the upgrade/downgrade is applied and in the case of a
downgrade a downgrade fee may apply where relevant. You will be advised of any
applicable downgrade fee by Regional Broadband on Your request to downgrade Your
Service to another Service or charging option.
Termination during Minimum Term
Neither party may terminate the Agreement during any applicable Minimum Term. Should
You terminate this Agreement during the Minimum Term, You shall provide Regional
Broadband with thirty (30) days written notice by emailing [email protected],
and in such circumstances, You shall be required to pay Charges provided for herein until
the end of the Minimum Term.
COOLING OFF PERIOD
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, WHERE THE ORDER
PROCESS IS CONDUCTED OVER THE TELEPHONE OR BASED ON AN ONLINE
APPLICATION, YOU HAVE THE RIGHT TO CANCEL YOUR CONTRACT WITHIN 14
DAYS WITHOUT GIVING ANY REASON.
The cancellation period will expire after 14 days from the day of the conclusion of the
contract, being the date You receive the confirmation email from Regional Broadband.
To exercise the right to cancel, You must inform us at Regional Broadband, Suite 19,
Anglesea House, Carysfort Avenue, Blackrock, Co. Dublin of Your decision to cancel this
contract by an unequivocal written statement.
To meet the cancellation deadline, it is sufficient for You to send Your communication
concerning Your exercise of the right to cancel before the cancellation period has expired.
If You cancel this contract during the cooling off period, we will reimburse to You all
payments received from You, including the costs of delivery (with the exception of the
supplementary costs resulting from Your choice of a type of delivery other than the least
expensive type of standard delivery offered by us) without undue delay and in any event not
later than 14 days from the day on which we are informed about Your decision to cancel this
contract. We will carry out such reimbursement using the same means of payment as You
used for the initial transaction, unless You have expressly agreed otherwise; in any event,
You will not incur any fees as a result of such reimbursement.
You shall send back the Equipment to us, without undue delay and in any event not later
than 14 days from the day on which You communicate Your cancellation of the contract to
us. The deadline is met if You send back the goods before the period of 14 days has
expired. We may withhold reimbursement until we have received the Equipment back or You
have supplied evidence of having sent back the Equipment, whichever is the earliest.
You will bear the direct cost of returning the goods.
If You requested to begin the performance of Services during the cancellation period, You
shall pay us an amount which is in proportion to what has been provided until You have
communicated to us Your cancellation of this contract in comparison with the full coverage of
the contract.
CANCELLATION FORM
To Cancellations Team, Regional Broadband , Suite 19 Anglesea House, Carysfort Avenue,
Blackrock, Co Dublin:
I/We [] hereby give notice that during the 14 day “cooling off period” I/We [] cancel my/our
[] contract for the provision of the following service [],
Ordered on[*],
Name of consumer(s), Address of consumer(s), Signature of consumer(s) Date
Termination after Minimum Term
After the Minimum Term either party may terminate this Agreement or any of the specific
Services. This may be done by You, the customer, providing Regional Broadband with thirty
(30) days written notice by emailing [email protected] ; or by
Regional Broadband giving the customer thirty (30) days written notice.
Termination by You for failure by Regional Broadband
You shall be entitled, by notice to us in writing, to terminate this Agreement if Regional
Broadband fails to provide any Service for a period of 30 consecutive days.
Termination by us for material breach by You
Regional Broadband shall be entitled to terminate this Agreement and cease providing the
Services forthwith without notice if:
You are in material breach of this Agreement (including non-payment of the Charges as set
out in this Agreement);
You are in breach of any term of this Agreement and have failed to remedy such breach
within thirty (30) days of being notified of such breach;
any information supplied by You to Regional Broadband is false or misleading;
Regional Broadband is obliged to comply with an order, instruction or request of
Government, COMREG, an emergency service organisation or other competent authority;
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
Service; or
You die, become mentally ill or become the subject of bankruptcy or insolvency proceedings
in any jurisdiction or have become unable to pay Your debts as they fall due.
You shall also be required to pay Charges provided for herein.
Termination for Force Majeure
Regional Broadband shall be entitled to terminate this Agreement immediately by giving You
notice if any event of Force Majeure continues for a period of thirty (30) days or longer.
Accrued rights after Termination.
The termination or suspension of this Agreement or Your default hereunder shall not affect
the accrued rights and obligations of the parties under the Agreement. Any General Terms
which expressly, or by implication, are intended to survive termination of Your Agreement
shall continue to bind the parties following such termination.
Termination Charges and Payments
Monthly Charges paid in advance by You shall not be refunded on termination of this
Agreement during the Minimum Term for any reason.
Neither party may terminate the Agreement during any applicable Minimum Term other than
as provided herein.
On termination of the Agreement under clauses 47 or 51 You shall pay to Regional
Broadband; (i) all Charges accrued by You, plus (ii) a fee which is equal to the Charges for
the balance of the remaining unexpired Minimum Term as specified in the Order Process,
and (iii) where You have availed of a discount, free Equipment or other promotion relating to
the Agreement Regional Broadband also reserves the right such that, to charge an amount
equal to the value of any such promotion, free Equipment or discount, pro- rated to the
unexpired portion of the
Minimum Term.
Customer Care & Codes of Practice
The Regional Broadband customer care policies and the Regional Broadband Code of
Practice on Customer Care are set out on the Regional Broadband Website. The Customer
shall raise any complaints in relation to the Service using the complaints procedure set out in
the Code of Practice.
The Customer shall contact Regional Broadband Customer Care in the event that it wants to
alter any aspect of the Service, including, but without limiting the generality of the foregoing,
the addition of a service, changes to a service and changes in the Property where the
Services are provided.
Notices
Regional Broadband shall send all notices to the Customer:
Via text message to Your mobile number as provided on registration and/or
by e-mail to Your e-mail address as provided on registration; and/or
in writing to Your billing address as provided on registration; and/
in writing to the address on Your bill (if different to the one provided by You provided on
registration); and/or
by placing same on the Regional Broadband website and/or via national newspapers.
You shall send all notices to the address that appears on the last written correspondence
regarding the Services sent by Regional Broadband to You or such other address as may be
prescribed by Regional Broadband for the purpose.
Notice given by post or via the Regional Broadband website shall be deemed served 48
hours after posting or on earlier proof of delivery. Notice given by Regional Broadband in
national newspapers shall be deemed served on the date of publication.
Intellectual Property Rights
All rights, including copyright in Services and their content, belong to Regional Broadband or
the Wholesale Provider(s). Nothing contained in this Agreement shall be construed as
granting or conferring any rights to You by license, franchise, title, interest or otherwise in
Regional Broadband or any property of Regional Broadband, including, without limitation,
Regional Broadband trade names, trademarks, service marks or proprietary information.
The ‘Regional Broadband’ trademark and other related images, logos and names on the
Services are proprietary marks of Regional Broadband. Regional Broadband hereby
reserves all rights.
Where Regional Broadband generates any Intellectual Property Rights in performing
Services, or creating or customising Products for You (including without limitation by the
creation or customisation of software), all such Intellectual Property Rights shall, on their
creation, vest in Regional Broadband exclusively.
The Services and Equipment must not be used in any way which breaches the Intellectual
Property Rights of Regional Broadband and/or any third party.
Assignment
This Agreement is personal to You. You shall not, except with Regional Broadband’s written
consent or in accordance with Regional Broadband’s standard transfer procedures, assign
or otherwise transfer the Agreement in whole or in part.
You agree that Regional Broadband shall be entitled, at its absolute discretion, at any time
and from time to time, without notice and without Your prior written consent, to assign,
sub-contract, novate or otherwise transfer this Agreement or any of their rights and
obligations under this Agreement to any third party including but not limited to any other
company that controls, is controlled by, or is under common control to Regional Broadband.
Force Majeure
Neither party shall be held in breach of its obligations hereunder (except in relation to
continuing obligations to pay Charges) nor be liable to the other party for any loss or damage
which may be suffered by the other party, due to any cause beyond its 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, regulatory authorities or other circumstances
beyond the control of the parties (“Force Majeure”).
Entire Agreement
Except for fraudulent misrepresentation, the Agreement represents the entire agreement
between You and Regional Broadband relating to its subject matter and supersedes any
previous agreements between the parties relating to the same. The parties acknowledge
that, in entering into the Agreement, neither party has relied upon any statement or warranty
made, or agreed to, by any person, except those expressly provided for by the Agreement.
Waiver
Failure by either party to the Agreement 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.
Severability and Survival of Clauses
If any provision of this Agreement is held by any competent authority to be invalid or
unenforceable in whole or in part, the validity of the other provisions of the Agreement and
the remainder of the provision(s) in question shall not be affected thereby.
Any provisions of this Agreement that are intended by their nature to continue or to come
into effect after termination or suspension shall survive termination or suspension of this
Agreement and shall continue in full force and effect.
Governing Law
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.
Any reference to any legislative act or provision shall, unless the context otherwise requires,
be considered as a reference to such act or provision as amended, re-enacted or replaced.
Words incorporating the singular shall include the plural and visa versa;
DEFINITIONS
“Agreement” means these General Terms together with the Order Process and any Service
specific General Terms and conditions, tariff plans or promotions constituting a legally
binding agreement between Regional Broadband and You.
“Charges” means any payments accruing due under this Agreement, and the charges for the
Services as published in Regional Broadband’s periodically updated Rate Card, (including,
but not limited to, connection charges, service options, monthly rental or tariff charges, call
charges (which may vary depending on the type of call made), reconnection charges,
termination charges, Equipment Non- Return Fees, and administrative charges);
“Commencement Date” means the date whereon Regional Broadband has accepted Your
Order Process and activated Your Service.
“COMREG” means the Commission for Communications Regulation which is the national
regulatory authority for the electronic communications market in Ireland;
“Customer Information” means all content, including any data, information, video, graphics,
sound, music, photographs, software and any other materials (in whatever form) transmitted,
published, disseminated, distributed or otherwise made available by or on behalf of You, via
e-mail, website or otherwise, using the Services;
“Regional Broadband” means Regional Telecom Limited and any company in which
Regional Telecom Limited holds, directly or indirectly, 50% or more of its issued share
capital or has the right to exercise, directly or indirectly 50% or more of the voting rights.
“Data Protection Legislation” means the Data Protection Acts 1988 to 2018 and any
amendment, replacement or supplement thereto, from time to time;
“Engineer” means any employee or third party authorised to carry out services and/or
business activities on Regional Broadband’s behalf;
“Equipment” means any equipment as required for the supply and use of the Services and
provided to You by Regional Broadband for such purposes;
“Equipment Non-Return Fee” means the fee or charge payable by You in relation to any
Equipment, which is not returned upon request from Regional Broadband in accordance with
these General Terms, as set out in the “Other Charges” section of the Regional Broadband
website;
“Intellectual Property Rights” means all intellectual property rights, including without limitation
all trademarks, logos, get-up of brand(s), designs, symbols, emblems, insignia, fascia,
slogans, copyrights, know how, information, drawings, plans and models, and other
identifying materials, any and all rights pertaining to discoveries, concepts, ideas and
improvements to existing technology whether or not written down or otherwise converted into
tangible form, patents, rights in any domain names, database rights, goodwill, reputation,
computer programs and analogous property, literary, dramatic, musical and artistic works
and all other forms of industrial or intellectual property (in each case in any part of the world
and whether or not registered or registerable and to the fullest extent thereof and for the full
period thereof and all extensions and renewals thereof) and all applications for registration
thereof and all rights and interest, present and future, thereto and therein;
“Minimum Term” means the minimum period for the supply of the Services, such period to be
as specified on the Order Process or as specified in the Service specific terms and
conditions commencing on the Commencement Date unless otherwise agreed between the
parties;
“Order Process” means Your application process for the Services, and the details thereof as
communicated to You on completion of the process. This form or application via online or
telephone approves and authorises the provision of the Services by Regional Broadband to
You and contains such information as Regional Broadband may reasonably specify. For the
avoidance of doubt, the form, content and medium of the Order Process (in writing, on-line
or via other means) shall be as specified by Regional Broadband from time to time;
“Rate Card” means the Regional Broadband Home Phone, and Broadband and pricing guide
as may be amended by Regional Broadband from time to time in accordance with these
General Terms and which is available at www.regionalbroadband.ie.
“Wholesale Provider” – means the wholesale provider of Your telephone line(s) and
associated telephone number(s) from which Regional Broadband rents such line(s) and
number(s ) and/or the circuit reference number (“CRN”) in relation to the fibre
telecommunications network through which Regional Broadband provides You with fixed
broadband and ancillary services.
“You” means the individual who enters into this Agreement by completing and signing the
Order Process or who, being an organisation, enters into this Agreement by virtue of the
completion of the Order Process by an authorised signatory.