General Terms & Conditions
STANDARD TERMS AND CONDITIONS
These Terms and Conditions apply, where applicable, in conjunction with Pures Broadband Terms and Conditions, Broadband Bundle Terms and Conditions, The Price List and Fair Usage Policy.
1. Service
Pure shall endeavour to provide the Service on the telephone line(s) as specified in the Customer Authorisation within 21 days.
The Service will be provided by Pure once the line has been transferred.
All faults or requests will be reported to Pure by the Customer but may require a site visit. The relevant charges, if any, for Line Maintenance carried out on the line(s) will be billed to the Customer by Pure.
Calls to all carrier selection codes will be barred by the Access Provider on Single Billing Service line(s).
The Pure Code of Practice which outlines our complaints and dispute resolution procedure is available on www.puretelecom.ie or upon written request.
Any Service will be charged in accordance with the rates and methods provided to the customer. These charges may be provided in a Rate Sheet, our web site, by contacting Pure Customer Care or by any other methods if available.
2. Payment
Pures tariffs for the Service(s), as amended from time to time, also form part of the Agreement and are set out on our website at www.puretelecom.ie. We reserve the right to alter such tariffs and shall notify the Customer via the web site within a reasonable period in advance of the effective date. All quoted tariffs are inclusive of Value Added Tax (VAT) unless otherwise stated.
2.2All sums due to us shall be paid in full by the due date by means approved by Pure. Provision of the Service or the Single Bill Services shall be conditional on the Customer making all necessary arrangements to pay for the Service by such means. Pure shall charge a late fee per month every month there is a past-due balance.
2.3Existing Customers of Pure who take the Service, the Single Bill or Broadband Services agree to pay for all their Pure services through their Pure telephone bill.
2.4Service customers shall be charged monthly in advance for their monthly Service. If you activate the Service during any calendar month, you will receive an initial bill for the remainder of that calendar month and an additional month in advance on your first billing for such services. For the Single Bill Service the call charges will be billed monthly in arrears.
2.4.1All out of bundle calls will be subject to a standard 9.66 cent set-up fee.
2.5When a Customer transfers to the Single Bill Services, all Ancillary Services will also be transferred to Pure at the applicable Pure tariff rate for such Ancillary Services.
2.6You will receive a bill from Pure for calls, line rental and Ancillary Services when the line has been transferred from the Access Provider to Pure. You may continue to receive a bill from your Access Provider prior to or while services are being transferred to Pure or for any services or calls not covered by the Agreement. In a Pure Bundle you will not be charged for your Broadband until it is activated.
2.7Should you disagree with any charges, you are requested to write or phone us before the date that payment is due.
2.8Any credit promotion (Refer a Friend, Free Line Rental, Free minutes, Free Hardware etc) requires that a Customer maintain service with Pure for an additional 90 days of service from the date of that credit promotion. If customer chooses to cancel agreement within 90 days of said promotion, the Customer will be charged on their final bill the relevant promotion amount.
3. Use of the Service – General
3.1The Customer undertakes not to use the Service, the Single Bill Services or the Equipment (collectively the Service):
3.1.1for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Service, nor allow others to use the Service for any of the foregoing purposes; or
3.1.2for 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
3.1.3for the infringement of intellectual property rights or trade secrets of another party; or
3.1.4for the processing of automated personal data as defined in the Data Protection Act, 1988.
3.1.5in a manner which in the opinion of Pure in its absolute discretion makes abnormal demands on the Service or Pures Network or facility from a single connection.
3.2You shall ensure that all persons having access to the Service comply with the terms and conditions herein stated.
3.3You are bound to observe the confidentiality of the connection details and are therefore responsible for the security thereof.
3.4You shall observe the provisions of Pures Fair Usage Policy as amended from time to time (and is available upon request).
3.5You shall ensure that all Equipment provided by you for accessing the Service is maintained and kept in good working order.
3.6You shall comply and are bound by all conditions of the licence under which the Equipment is provided.
3.7You shall comply with all reasonable instructions given to you by us in relation to the use of the Services.
3.8You shall inform Pure of change of name, address, email address and/or telephone number.
3.9You 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 Service by anyone.
4. Liability
4.1We shall use all reasonable endeavours to ensure that the Service is available for use by you in accordance with the standards for the time, being relating to the Service as set out in Pures service literature, but shall not be liable for any delay, failure, interruption, or deterioration therein, howsoever arising.
4.2Pure shall make reasonable efforts to prevent unauthorised access to the Service by third parties but shall have no liability to the Customer for any unauthorised access to the Customer’s Equipment or premises.
4.3We shall not be liable for any loss or damage of any kind caused by the failure of the Service or Equipment due to the incompatibility with the Service of hardware, software, and/or equipment supplied by you. Neither shall any third party, including without limitation, any other telecommunications company with whom Pure or any of its Affiliates have entered into arrangements with for the provision of Services, networks, equipment, or rights of passage, have any liability to you, howsoever arising, as a result of the failure, interruption or delay connected with or involving any of the aforementioned.
4.4We shall not be liable to you or any third party in contract, tort or otherwise for any financial loss whatsoever or for any indirect or consequential loss howsoever arising in relation to the use of the Service or the Equipment or any failure or error or default by us in the provision thereof, or otherwise in connection with this Agreement. Without prejudice to the generality of the foregoing, any and all liability arising under the Sale of Goods and Supply of Services Act 1980 is excluded to the fullest extent permitted by law.
4.5We shall have no liability under this Agreement for the acts and omissions of other telecommunication operators.
4.6We shall not be liable for claims arising out of a breach in the security or privacy of messages transmitted using the Service provided by us unless the breach results from a wilful act or omission of Pure or its employees.
4.7This Clause 5 shall continue to apply notwithstanding termination of this Agreement.
5. Terms and Termination
5.1Unless in Contract, the Customer may cancel this Agreement at any time without penalty. If the Customer wishes to leave Pure Telecom, the Customer must contact the new Access Provider to have all calls, line rental and Broadband transferred to the new Access Provider. The Customer will be liable for all charges with Pure Telecom until the new provider has completed this transfer request.
5.1.1If the Customer does not wish to move to another provider and wishes to cancel the line (phone number permanently deleted/terminated), the Customer is required to provide this request in writing to Pure Telecom.
5.1.2In the event that the customer no longer wishes Pure Telecom to deliver the voice service, Pure Telecom may, at their sole discretion, charge a surcharge for the remaining service.
5.2Pure may terminate this Agreement at any time without reason. Any Customer of the Service who seeks to terminate shall be liable to pay for any outstanding or incurred charges for the Service, including termination charges if within the Minimum Period Agreement. If Pure terminates the Service for any reason, the Customer shall be obligated to pay his or her actual charges including termination charges if within the Minimum Period Agreement.
5.3Without prejudice to its rights under this Agreement Pure shall have the right to terminate this Agreement forthwith by seven days written notice in the event that you are in material default of any of your obligations under this Agreement. In such case Customer will still be liable for all charges incurred through the date of actual termination of Service. If the Customer breaches the terms of clause 4.1, Pure may terminate Service immediately without advance notice.
5.4Pure shall have the right forthwith to suspend the Service or terminate the Agreement if a Customer fails to pay for the Service in accordance with these terms.
5.5We shall have the right forthwith to terminate the Agreement for due reason, including, but not limited to if:
5.5.1The Customer is in breach of Clauses 4 and 5 above or of the Equipment contract; or
5.5.2The Customer is in breach of any term of the Agreement or any information supplied by the Customer to Pure is false or misleading; or
5.5.3We are obliged to comply with an order, instruction or request of Government, the Director of ComReg, an emergency service organisation or other competent authority ;or
5.5.4You 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.
5.5.5If for technical reasons it is not possible to provide the Service.
6. Force Majeure
In the event of Force Majeure, neither party shall be held in breach of its obligations hereunder (except in relation to obligations to make payments) 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, war, terrorist act, 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 control of the parties.
7. Assignment
7.1Pure may assign this Agreement to any party without consent of Customer.
7.2Customer shall not assign this Agreement in whole or in part without prior written consent of Pure.
8. No Waiver
8.1Failure 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.
8.2Any deficiency in the Customer’s authority to avail of the Service or to use the Equipment shall not preclude reliance by Pure on any of its rights under this Agreement.
9. Notices
9.1Pure shall send all notices either to the Customer’s billing address as provided on registration or place same on the Pure web page (www.puretelecom.ie).
9.2Pures address for service of any notice hereunder shall be such address as appears on the last written correspondence rendered to the Customer or such other address as may be prescribed by Pure for the purpose.
9.3All written correspondence from Pure shall be deemed served 48 hours after posting or on earlier proof of delivery.
10. Data Protection and Credit Checking
10.1In accordance with the provisions of the Data Protection Acts 1988 and 2003 (the “Acts”), any information (such as contact and direct debit details) obtained by Pure or through the use of the Service the Single Bill Service or the Equipment and (subject to the right of the Customer to request otherwise), may be used by Pure to identify other products and services, which may be offered to the Customer by Pure or selected third parties.
10.2In accordance with the Acts and the Carrier Pre-Selection Code of Practice, any information obtained by Pure through an application for or the use of the Service may be accessed and used by Pure and its Affiliates for the purposes of accurate billing, efficient operation and the provision and administration of the Services. By signing the customer application form the Customer shall be deemed to have given consent for the use of his/her information for such purposes. The use of such information for purposes other than administration and operation shall be subject to the Customer’s consent
10.3Any information so obtained from the Customer may be transferred and disclosed by Pure to parties (including internationally) for the provision and administration of the Service, the Single Bill Service, the Equipment or to any third party who assumes the rights of Pure under this Agreement. The Customer’s information may also be disclosed to credit reference or, credit collection agencies in connection with Service.
10.4You may request a copy of the information Pure holds about you. Pure may charge a fee for this which will not exceed €6.35. Customer may also access his/her data, have changed any inaccuracies, object to the use of data and block any specific uses, by means of a request in writing to Pure.
11. Miscellaneous
11.1If any provisions of the 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.
11.2This 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 located in Dublin, Ireland.
11.3Any dispute that arises between the Customer and Pure shall be resolved according to the dispute resolution procedures set forth in the Pure Code of Practice applicable to its telecommunications customers. The dispute resolution sections of that agreement are incorporated by reference into this Agreement. You may obtain a copy of those dispute resolution provisions by contacting the Pure customer care department or on the Pure web site.