eir Broadband Talk (2017)

Transcription

1 eir Price List (Notification 53) 2017 Part eir Broadband Talk (2017) eir Broadband Talk Level (1) Call Components (applies to eligible eir Broadband Talk Calls only) eir Broadband Pay As You Use (PAYU) (2) (3) eir Broadband Talk Unlimited Off-Peak National & Mobile (2) (3) eir Broadband Talk Unlimited National, Mobile & UK (2) (3) eir Broadband Talk Unlimited National, Mobile & International (2) (3) eir Broadband Talk Call Charges Unlimited Off-Peak Local & National calls to landlines and Irish Mobiles. Unlimited anytime Local & National calls to landlines and Irish mobiles, Unlimited anytime calls to UK landlines and mobiles. Unlimited anytime Local & National calls to landlines, Unlimited anytime calls to UK and defined int. destination landlines & mobiles (4), Unlimited anytime calls to Irish mobiles. eir Broadband Talk Off-Peak Mobile 1500 (2) (3) eir Broadband Talk Anytime Mobile 90 (2) (3) eir Broadband Talk Anytime Mobile & UK 90 (2) (3) Unlimited Off-Peak Local & National calls to landlines and Irish Mobiles. Unlimited Anytime calls to Irish landlines and 90 Anytime minutes to Irish mobiles. Unlimited Anytime calls to Irish landlines and Irish mobiles and 90 anytime minutes to UK landlines and mobiles. Notes: Customers may only avail of one eir Broadband Talk Level at any one time (i.e. only one subscription may appear on an account during a Billing Cycle). Included call minutes are subject to monthly and daily fair usage caps as outlined in the table below. Out of package rates as set out apply once the customer has exceeded the 60 minutes available on any one call. (Applicable to Local and National Call Minutes included in the package.) 4 Defined international destination landlines & mobiles included in the plan are as outlined in the table below. 5 Out of package rates as set out apply once the customer has exhausted the Call Minutes available as part of the plan. 6 All out of package calls are rounded to the next minute. 7 Inclusive of VAT price is rounded using standard rounding to two decimal places and is shown for information purposes only. 8 Peak: 7am 7pm Monday to Friday including Public and Bank Holidays; Off-Peak: 7pm 7am Monday to Friday and midnight Friday to midnight Sunday; Weekend: midnight Friday to midnight Sunday. 9 Out of package calls to Irish Mobiles (Calls outside of Mobile Call Minutes included in the package) that straddle Peak and Off-Peak (that is, Day and Evening) times or that straddle Off-Peak and Peak times are split into two legs that are billed separately, with each leg rounded up to the next minute and the first leg subject to a call set-up fee. 10 For out-of package calls (Outside of Local, National & Mobile Call Minutes included in the package) that are subject to different Day, Evening and Weekend rates and where an individual call straddles Day, Evening or Weekend time profiles that are subject to different rates, such calls are split into separate legs according to the time profiles involved. Each leg is rounded up to the next minute and charged according to the rate that applies to that leg. The resulting charges for these separate legs are then added together and the set-up fee is applied to the total. 11 Standard call charges apply for calls types that are not defined with a rate within eir Broadband Talk Call Charges overleaf. 12 For bill display purposes, the costs of individual rated items are shown rounded to the nearest whole cent based on standard rounding. An adjustment may be applied to the bill in order to reconcile any difference between the total of the rounded values shown and the applicable total based on the actual unrounded cost of individual items. (effective from 31/10/17 Page 1

2 eir Price List (Notification 53) 2017 Part eir Broadband Talk Package (2017) Fixed Line Calls eir Broadband Talk Unlimited Off-Peak National & Mobile eir Broadband Talk Unlimited National, Mobile & UK eir Broadband Talk Unlimited National, Mobile & International eir Broadband Talk Off-Peak Mobile 1500 eir Broadband Talk Anytime Mobile 90 eir Broadband Talk Anytime Mobile & UK 90 Monthly Usage Cap (Mins) Off-Peak Local & National 5,000 n/a n/a 5,000 n/a n/a Anytime Local & National n/a 5,000 5,000 n/a 5,000 5,000 Off-Peak Irish mobiles 1,500 n/a n/a 1,500 n/a n/a Anytime Irish mobiles n/a 1,500 1,500 n/a 90 1,500 Anytime UK landlines (band 1) Anytime UK mobiles (band 1a) n/a 1,500 1,500 n/a n/a n/a 1,000 1,000 n/a n/a n/a n/a Anytime UK landlines and mobiles (bands 1 / 1a) n/a n/a n/a n/a n/a 90 Anytime calls to international landline (bands 1, 2, 3, 4, 5 & 7) n/a n/a 1,500 n/a n/a n/a Anytime calls to international mobile (bands 1a, 2a, 3a & 7a) n/a n/a 1,000 n/a n/a n/a (effective from 31/10/17) Page 2

3 eir Price List (Notification 44) 2017 Part eir Broadband Talk (2017) Call Charges (Out-of-package charges) Call Charges price per minute (7)(8)(9) Call Set-up Fee Standard Pricing eir Broadband Talk ex. VAT inc. VAT ex. VAT inc. VAT c 29.00c c 33.00c Local Day c 9.00c c 11.00c Evening c 3.00c c 11.00c Weekend c 3.00c c 11.00c National Day c 9.00c c 11.00c Evening c 9.00c c 11.00c Weekend c 3.00c c 11.00c Vodafone Day c 29.00c c 33.00c Evening c 29.00c c 33.00c Weekend c 29.00c c 33.00c O2 Day c 29.00c c 33.00c Evening c 29.00c c 33.00c Weekend c 29.00c c 33.00c eir Mobile Day c 9.00c c 11.00c Evening c 9.00c c 11.00c Weekend c 9.00c c 11.00c Hutchison 3 Day c 29.00c c 33.00c Evening c 29.00c c 33.00c Weekend c 29.00c c 33.00c Tesco Day c 29.00c c 33.00c Evening c 29.00c c 33.00c Weekend c 29.00c c 33.00c VOIP (076) Day c 9.00c c 11.00c Evening c 9.00c c 11.00c Weekend c 9.00c c 11.00c (effective from 31/10/17) Page 3

4 eir Price List (Notification 44) 2017 Part eir Broadband Talk (2017) Call Charges Call Charges price per minute (7) (8) (9) Standard Pricing eir Broadband Talk ex. VAT inc. VAT ex. VAT inc. VAT c 29.00c c 33.00c Call Set-up Fee Band 1: Daytime c 19.00c c 43.00c Evening c 19.00c c 43.00c Weekend c 19.00c c 43.00c Band1a: Daytime c 39.00c c 43.00c Evening c 39.00c c 43.00c Weekend c 39.00c c 43.00c Band 2 / Daytime c 39.00c c 43.00c Band 2b Evening c 39.00c c 43.00c Weekend c 39.00c c 43.00c Band 2a Daytime c 39.00c c 43.00c Evening c 39.00c c 43.00c Weekend c 39.00c c 43.00c Band 3 Daytime c 39.00c c 43.00c Evening c 39.00c c 43.00c Weekend c 39.00c c 43.00c Band 3a Daytime c 39.00c c 43.00c Evening c 39.00c c 43.00c Weekend c 39.00c c 43.00c Band 4: Daytime c 89.00c c 89.00c Evening c 89.00c c 89.00c Weekend c 89.00c c 89.00c Band 5: Daytime c 19.00c c 43.00c Evening c 19.00c c 43.00c Weekend c 19.00c c 43.00c Band 6: Daytime c 89.00c c 89.00c Evening c 89.00c c 89.00c Weekend c 89.00c c 89.00c Band 7: Daytime c 39.00c c 43.00c Evening c 39.00c c 43.00c Weekend c 39.00c c 43.00c Band 7a: Daytime c 39.00c c 43.00c Evening c 39.00c c 43.00c Weekend c 39.00c c 43.00c Band 8: Daytime c c c c Evening c c c c Weekend c c c c Band 9: Daytime c c c c Evening c c c c Weekend c c c c Band 10: Daytime c c c c Evening c c c c Weekend c c c c Band 11: Daytime c c c c Evening c c c c Weekend c c c c Band 12: Daytime c c c c Evening c c c c Weekend c c c c Band 13: Daytime c c c c Evening c c c c Weekend c c c c (effective from 31/10/17) Page 4

5 eir Price List (Notification 44) 2017 Part eir Broadband Talk Terms & Conditions The service 1. The eir Broadband Talk Service may be made available to customers who avail of an eir Consumer Standalone eir Fibre Broadband product. 2. The eir Broadband Talk product is a Voice over IP service that may be utilised by connecting an analogue or DECT telephone handset into the FXS port of the eir Fibre modem. 3. eir may also make the service available via the eir Broadband Talk App subject to the terms and conditions thereof as outlined below (page 11). 4. In order for the eir Broadband Talk Service to work, the eir Fibre Broadband service to which it is connected must be fully operational. The customer will not be able to utilise the eir Broadband Talk service if the eir Fibre broadband service is not operational for any reason. The eir Fibre Broadband service and the eir Broadband Talk Service are dependent upon electrical power supply. 5. Customers who avail of eir Fibre Broadband with an eir Broadband Talk Service will not have the use of a working PSTN line and therefore any ancillary services that were originally connected to the PSTN line will be incompatible with Standalone eir Fibre Broadband and eir Broadband Talk (e.g. monitored alarms that communicate with monitoring stations and use dial up access to transmit alarms; medical alarms; Sky TV Box; Credit card machines or any other ancillary services connected to the PSTN line). 6. CUSTOMERS WHO USE A MONITORED ALARM SYSTEM THAT IS CONNECTED TO A PSTN LINE SHOULD CONTACT THEIR ALARM PROVIDER PRIOR TO AVAILING OF A STANDALONE EIR FIBRE BROADBAND OR EIR BROADBAND TALK SERVICE. EIR ACCEPTS NO RESPONSIBILITY FOR THE CONSEQUENCES OF AN ANCILLARY SERVICE INCLUDING ANY MONITORING ALARM FAILING TO OPERATE AS PER SPECIFICATION AFTER STANDALONE EIR FIBRE BROADBAND OR EIR BROADBAND TALK IS INSTALLED. 7. eir Broadband Talk is subject to a minimum contract period. Where an eir Broadband Talk service is ceased during the minimum contract period, the customer shall be liable to pay the monthly rental for the balance of the unexpired contract period. Unless otherwise stated under the customer s bundle terms, the minimum contract period is eighteen (18) months from the date of connection. 8. The eir Broadband Talk Service is for normal residential use only. (effective from 31/10/17) Page 5

6 eir Price List (Notification 44) 2017 Part Security 9. eir Broadband Talk telephone calls are carried in the public domain via Internet connectivity and therefore security of these calls is not guaranteed. eir shall endeavour to use appropriate security measures but accepts no liability with respect to call confidentiality. eir shall act within the provisions of data protection legislation in respect of your information. Emergency Services 10. Calls to Emergency Services such as 112, 911 AND 999 may be made via a telephone handset that is connected to a working eir Broadband Talk Service but no guarantee is given by eir in respect of the reliability of same. WHERE THE EIR BROADBAND TALK SERVICE IS RENDERED INOPERABLE DUE TO A POWER OUTAGE, SUSPENSION OR DISCONNECTION OF SERVICE DUE TO NON-PAYMENT, OR FOR ANY REASONS WHATSOEVER WHICH ARE OUTSIDE THE REASONABLE CONTROL OF EIR, IT SHALL NOT BE POSSIBLE TO CALL EMERGENCY SERVICES SUCH AS 112, 911 AND 999 VIA THE EIR BROADBAND TALK SERVICE. Customers availing of the eir Broadband Talk Service are advised to employ alternative means of contacting Emergency Services in such event, and to ensure they have made sufficient preparations for this contingency prior to availing of the eir Broadband Talk Service. 11. Customers who call Emergency Services using the eir Broadband Talk Service must inform the Operator of their physical location as it may not be possible for the Operator to otherwise determine the exact location of the caller. 12. The eir Broadband Talk App CANNOT be used to call Emergency Services. 13. EIR SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE SERVICE, INCLUDING 999, 911 OR 112 DIALLING, AT ANY TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY CAUSED BY: THIRD-PARTY OMISSION, EQUIPMENT FAILURE, EQUIPMENT MODIFICATION, FORCE MAJEURE, EQUIPMENT SHORTAGE, POWER OUTAGES, LOSS OF POWER OR THIRD PARTY FAULTS. 14. There may be a greater possibility of network congestion and/or reduced speed in the routing of calls to emergency services or related services made via the eir Broadband Talk product in comparison to calls to emergency services or related services made via traditional public telephone networks. Customers availing of eir Broadband Talk should ensure that all persons including residents, guests and other third parties who may be present at the physical location where the eir Broadband Talk product is used should be made aware of the differences in and limitations of voice services over internet telephony as compared with traditional phone service and in particular as it relates to access to emergency services and related services. (effective from 31/10/17) Page 6

7 eir Price List (Notification 44) 2017 Part Neither eir nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to accessing emergency services or connected services unless such claims or causes of action arose from gross negligence or wilful misconduct by eir. Telephone Number 16. Customers who avail of eir Broadband Talk will be provided with a telephone number. Customers may avail of a geographic telephone number appropriate to the premises where their eir Broadband Talk Service is installed. Alternatively, customers may avail of a nongeographic (076) telephone number. 17. Customers who migrate a PSTN fixed voice service to an eir Broadband Talk Service at the same premises may retain their existing geographic telephone number. 18. Provisions set out eir General Terms and Conditions in relation to numbers shall apply in respect of customers availing of eir Broadband Talk. Tariffs and Charging 19. eir Broadband Talk is made available under a tiered tariffing structure ( the Facility ) consisting of the following packages: eir Broadband Talk 2017 which consists of eir Broadband Talk International, eir Broadband Talk Unlimited Mobile & UK, eir Broadband Talk Off-Peak Mobile, eir Broadband Anytime Mobile 90, eir Broadband Talk Unlimited Mobile plus UK 90 and eir Broadband Talk Pay As You Use; and eir Broadband Talk 2016 which consists of eir Broadband Talk International 2016, eir Broadband Talk Unlimited Mobile & UK 2016 and eir Broadband Talk Off-Peak Mobile The Customer hereby agrees to avail of the Facility, subject to the provisions of the eir Price List in force for the time being (hereinafter referred to as "the Agreement"). The eir Price List may be viewed on Use of the Facility by the Customer shall be deemed to be an acceptance by the Customer of these terms and conditions. 21. The Customer shall, without prejudice to the Customer's right to terminate this Agreement under due notice, pay on demand such Charges as may be fixed from time to time by or, in accordance with this Agreement in respect of the Facility. 22. The account to which the Facility applies must contain an eir Fibre Broadband and an eir Broadband Talk service. 23. The Customer shall select the Level of the Facility which it wishes to avail of and eir shall, automatically, apply the Benefits and Features as are appropriate to the Level selected by the Customer to the Customer's Account. 24. The charging and features applicable to each Level are as set out above. (effective from 31/10/17) Page 7

8 eir Price List (Notification 44) 2017 Part "Eligible eir Broadband Talk Calls means calls made to Local & National fixed line numbers, including calls to VOIP / numbers, certain Mobile Operators and certain International numbers according to the Level or Add-on selected excluding Chargecard calls, calls to the Eirpac service, calls to other packet switched networks, calls made to Premium Rate Telephone Service, calls to Directory Enquiry Service, calls to certain Phone Services, Teleconferencing calls, calls made by use of the Virtual Private Network Facility, Operator Assisted Calls, FreeFone 1800 calls received by the customer, CallSave 1850 calls received by the customer, LoCall 1890 calls received by the customer, non-geographic shortcall calls received by the customer, calls made to the Local 0818 service; calls made by the customer to CallSave 1850, SMS (Short Messaging Service) Calls made by the Customer, calls made by the customer to LoCall 1890, calls made by the customer to UK FreeFone numbers e.g and 0845 calls, calls made to Internet Access 1891, calls made to Internet Access 1892, calls made to Flat Rate Internet Access 1893, calls made to Inmarsat, Iridium, EMSAT, calls to other VoIP 076 numbers and calls made to Skyphone mobile telephony systems. 26. Once the Customer has exhausted the Call Minutes applicable to the Level of the Facility which it has selected, minutes in excess of the Call Minutes shall thereafter be charged at rates as set out above. 27. In the event of included Call Minutes (Local, National, calls to certain Mobile Operators and calls to International numbers, as applicable) not being exhausted by a customer availing of the Facility, any unused Call Minutes cannot be carried forward to the next or any subsequent Billing Cycle. 28. It shall be a condition of the application of the Facility that Customers availing of this Facility shall not be entitled to avail of any discount Facility, which may be available in respect of eligible eir Broadband Talk calls or any other calls in respect of which the Customer avails of reduced rates as part of this Facility. 29. The Customer may select an alternative Level on giving notice to eir of its revised selection. eir will use its best endeavours to implement the Customer s choice of Level so as to be available for the next Billing Cycle but cannot give a guarantee that where an alternative Level is selected such Level shall be included on the Customer's next Billing Cycle, after selection. 30. The Facility will be implemented on the Customer's account as soon as possible after a sufficient period is allowed to set-up the Customer. 31. The following applies in respect of the Facility: i. Where upon provisioning or cessation of The Facility it is applicable to a partial period of a Billing Cycle, the inclusive minutes and subscription charges for The Facility shall be applied to that period on a pro-rata basis. (effective from 31/10/17) Page 8

9 eir Price List (Notification 44) 2017 Part ii. Where the Customer changes their eir Broadband Talk level between Billing Cycles (e.g. from eir Broadband Talk Unlimited Mobile & UK to eir Broadband Talk Off-Peak Mobile) the change will be take effect on a pro-rata basis as per i above. 32. For calls outside the free minutes included in the plan the following applies:- i. Call charges are on a per-minute basis, and all charges are rounded up to the nearest whole minute prior to addition of the set-up fee. ii. iii. For rated calls that straddle Peak and Off-Peak, Off-Peak and Peak, Off-Peak and Weekend or Weekend and Peak rating periods where the rates for each period differs from the other, such calls will be split into legs (Peak leg, Off-Peak leg, Weekend leg) for rating purposes. Each leg will be rounded up to the nearest whole minute and then rated according to the relevant Peak, Off-Peak or Weekend rate. The charges for each leg will then be added together prior to addition of the set-up fee. Out of package calls to Mobiles (Calls outside of Mobile Call Minutes included in the package) that straddle Peak and Off-Peak times or that straddle Off-Peak and Peak times will be split into two legs and each leg will be rounded up to the next whole minute and then rated according to the relevant Peak or Off-Peak rate. The charges for each leg will then be added together prior to addition of the set-up fee. 33. For bill display purposes, the total charge for each rated call is rounded to the nearest whole cent using standard rounding. 34. For bill display purposes, where customers avail of an eir Broadband Talk plan the costs of individual rated items are shown rounded to the nearest whole cent based on standard rounding. An adjustment may be applied to the bill in order to reconcile any difference between the total of the rounded values shown and the applicable total based on the actual unrounded cost of individual calls. 35. Peak hours are from 7am to 7pm Monday to Friday including Public and Bank Holidays. Weekend hours are from midnight on Friday to midnight on Sunday. 36. The Agreement, subject to Clause of the General Terms and Conditions may be terminated by either party giving to the other one (1) month s prior notice in writing requesting termination of the Agreement. The Company shall give the Customer one (1) month s notice of its intention to terminate the Facility as defined above on the Customer's account. The Facility shall terminate on the expiry of the one (1) month s notice. (effective from 31/10/17) Page 9

10 eir Price List (Notification 44) 2017 Part One (1) month s notice will be given to the Customer of any increase in either the charges for calls made via the eir Broadband Talk Facility by the Customer or in the subscription fee(s) applicable to the Facility of in the rental fee(s) for any related telecommunications line(s) or equipment. Full details of all eir s current charges can be obtained by visiting or by contacting Freefone 1901 (Residential Customers). 38. In the event of changes notified by eir to these terms and conditions, The Customer may terminate this Agreement, without charge, by serving notice in writing prior to the date of implementation of such changes. The Customer will be deemed to have accepted any implemented changes, by continuing to use the Services. 39. Unless otherwise agreed or eir otherwise decides, all monies due to eir by the Customer become payable as soon as an account or demand therefore is issued to the Customer. Unless otherwise agreed or eir otherwise decides, payment shall be due within fourteen (14) days of the date of the issue of the account, unless otherwise stipulated within the Customer s direct debit agreement terms. The Customer can view their phone bill, the methods of payment and make a payment by Laser/Visa Debit Card or set up a Direct Debit by visiting For Bill enquiries, Residential customers may contact eir on Freefone eir will try to resolve any dispute with the Customer as quickly as possible. All complaints received by letter, fax or will be acknowledged within two (2) working days of receipt. The Customer will be provided with a unique reference number and advised of the expected investigation and resolution timelines. Details of our complaint handling procedures and how to log a complaint are set out in eir s Customer Care Code of Practice for Complaint Handling, which can be viewed by visiting The Customer can log a complaint by contacting Freefone 1901 (Residential customers) or by sending a fax to our Customer Care Centre at In the event the parties cannot agree the Customer may refer the dispute to any recognised dispute resolution service in accordance with the Customer Care Code of Practice for Complaint Handling. 42. These terms and conditions, together with the eir General Terms and conditions, constitute the entire agreement between the parties in relation to the Facility. 43. The customer can obtain further support or information on all available eir Broadband Talk Tariff Plans on or by contacting Freefone Other Terms Applicable: General Terms & Conditions: Terms and Conditions.pdf (effective from 31/10/17) Page 10

11 eir Price List (Notification No 28) 2017 Part eir Broadband Talk App App End User Terms & Conditions Please note that this App does not allow you to make calls to Emergency Services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed. Calls to Emergency services (999, 112 and 911) will be routed via your device's mobile network connection where available. Non-SIM devices (e.g. some tablets and all desktop clients) do not support Emergency calling to the following numbers: 999, 112 and DEFINITIONS Terms not herein defined shall have the meaning given to them in the eir Broadband Terms. Additional Device: a Device which has been registered to do so by you in accordance with the instructions and restrictions set out on the Website and updated from time to time; Additional Users: a user of the Service who has been registered to do so by you in accordance with the instructions and restrictions set out on the Website; Device: the device e.g. smart phone / tablet / computer or devices that have been registered to use the Service in accordance with the instructions and restrictions set out in the Website; eir Broadband Customer: the types of eir broadband and eir group customers set out in the Website who may use the Service and which may be updated by eir from time to time; eir Voice over Broadband App ( or the App ) the app which allows you to use the Service on your Device; eir Broadband Terms Conditions the eir Broadband terms and conditions, as set out at eir Voice over Broadband App these terms and conditions; Mobile Network: a mobile telecommunication network operated by eir Mobile, Meteor or a third party with a 3G / 4G data connection established; Service: the facility whereby you can use the eir Voice over Broadband App to make and receive calls using the eir Broadband Service Territory: the Republic of Ireland; Website: the website or any other website address which we notify to you regarding the Service and which may be updated from time to time; (effective from 23/06/17) Page 11

12 eir Price List (Notification No 28) 2017 Part GENERAL 2.1 The Service is provided by, and these eir Voice Over Broadband App Terms are with, eircom Limited with a business address at 1 Heuston South Quarter, St. John s Road, Dublin 8, Ireland ( we / us / eir ). References in these Voice Over Broadband app Terms to "we" or "us" shall be read as references to eir. These eir Voice Over Broadband App are in addition to the eir Broadband Terms, in the event of any conflict between the eir Voice Over Broadband App and the eir Broadband Terms, the eir Voice Over Broadband app terms shall prevail. 2.2 By accessing, downloading and or using the eir Voice Over Broadband app you acknowledge and agree to the disclaimers, the eir Voice Broadband App End User Terms and the eir Broadband Terms. 2.3 We reserve the right, in our sole discretion, to change, modify, delete, add or remove portions of these eir Voice Over Broadband App End User Terms at any time. 2.4 Any new features, including the release of new releases, versions, services, content, updates, tools or resources, shall be subject to the then current Broadband End User App Terms. 2.5 You should check these App End User Terms periodically for changes as by using the eir Voice Over Broadband App after we post any changes to App End User Terms, you are agreeing to accept those changes, whether or not you have reviewed them. 3. THE SERVICE 3.1 The Service is available in the Territory and allows you [(and any Additional Users)] to watch the Content on your Device(s) in the Territory. 3.2 The Service is variable and therefore may change from time to time. 3.3 To access and use the Service you must: be an eir Broadband Customer (or registered by an eir Broadband Customer if you are an Additional User) be 18 years old or over accept these App End User Terms have a My eir account, please visit if you do not have such an account ensure that your Device meets the minimum hardware, systems and software requirements, as set out on the Website and updated by eir from time to time. (effective from 23/06/17) Page 12

13 eir Price List (Notification No 28) 2017 Part download the App onto the Device register your Device for the Service via your My eir Portal account details. You will have to know your My eir username ( address) and password. The App uses your My eir user name and password to automatically provision your Voice over Broadband number on the Device agree that the details provided by you will be accurate and complete agree that you are fully responsible and legally liable for all activities that occur on your account, including unauthorised usage follow our reasonable instructions and requirements in relation to how you use the Service, as set out in these End User App terms and on the Website, and regularly check the Website for updates to such instructions and requirements. 3.4 eir grants you a personal, limited, non-exclusive, revocable licence to make personal noncommercial use of the App (including a right to download the App on to a Device) in order for you to access and use the Service. 3.5 You and any Additional User must not access or use the Service or for any improper or unlawful purpose and you will not allow anyone else to do the same. 3.6 The App is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed. Calls to Emergency services (999, 112 and 911) will be routed via your device's mobile network connection where available, Emergency calls will not be routed via the eir Talk App. Non-SIM devices (e.g. some tablets and all desktop clients) do not support Emergency calling to the following numbers: 999, 112 and You are not permitted to resell the App, or to charge others for use of or access to the Service, or in any other manner inconsistent with these terms. 3.8 You must not reverse engineer or attempt to reverse engineer, alter, disassemble, decompile or modify any part of the Service. Reverse engineering shall include the examination or analytics of the app to determine the source code, structure, organisation, internal design, algorithm or encryption devices of the underlying technology of the App. 3.9 You must not attempt to violate, tamper with or circumvent any security measures, encryption codes, or technological protection measures in or used in connection with the Service; 3.10 So that we can operate the Apps, troubleshoot them if you have a problem, and optimise and improve their performance, we use your information in the following ways: (i) We may collect and store your Voice over Broadband username and password which we will keep in a secured manner (effective from 23/06/17) Page 13

14 eir Price List (Notification No 28) 2017 Part (ii) We may collect some information about your phone and your use of the apps (such as language, device and usage statistics) (iii) By using the Service, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically in accordance with our Privacy Policy and to facilitate the provision of software updates, product support and other services to you (if any) related to the Service. We may use this information to improve the Service. (iv) You must notify us immediately of any breach of security or unauthorised use of your mobile phone. We will not be liable for your losses caused by any unauthorised use of your account and you may be liable for the losses caused to us or others due to such unauthorised use. (v) We may, from time to time, automatically check your version of the App. Although we have no obligation to make available any updates, we may however, (a) require you to download and install updates; or (b) automatically download and install updates to your mobile device You will otherwise comply with these Terms and our Privacy Statement We reserve the right to investigate any actual, suspected or alleged abuse of the Service or violation of these Terms and may take any action in response to such abuse or violation We may, from time to time, automatically check your version of the App. Although we have no obligation to make available any updates, we may however, (a) require you to download and install updates; or (b) automatically download and install updates to your mobile device You do not have a right to transfer or sub-licence your rights under the End User App Terms. 4. CANCELLATION, SUSPENSION OR RESTRICTION OF THE SERVICE 4.1 We reserve the right to change, suspend, remove, or disable access to the Service at any time without notice. In no event will we be liable for the removal of or disabling of access to the Service. We may also impose limits on the use of or access to the Service without notice or liability 4.2 If you terminate you are no longer an eir Broadband Customer and you will no longer be able to use the Service. 4.3 We may immediately suspend or restrict your (or if applicable any of your Additional User's) use of all or any part of the Service: where reasonably necessary for technical or operational reasons; (effective from 23/06/17) Page 14

15 eir Price List (Notification No 28) 2017 Part if you or any of your Additional Users breach any of these App Terms if we consider that you (or if applicable any of your Additional Users) have committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of the Service; if you or any Additional User acts in a way towards our staff or agents which we reasonably consider to be inappropriate. 4.4 We will make reasonable efforts to keep the App operational and up-to-date. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. eir reserves the right at any time and from time to time to modify, update or discontinue, temporarily or permanently, functions and features of the App without notice. 5. LIABILITY 5.1. Nothing in these App Terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any matter that we cannot exclude or limit as a matter of law. 5.2 You will be responsible for your actions and the actions and omissions of any Additional Users (if applicable). 5.3 We will not be liable under these App End User Terms for: any use of the Service that we do not authorise the act of ending, suspending or restricting the Service in accordance with clause any delay or failure by us to provide the Service (or any part of it) caused by events outside our reasonable control. Matters outside our reasonable control include (but are not limited to) severe weather conditions, civil disorder, terrorist activity, war and government action any loss or damage caused by us or any of our respective officers, employers or agents in circumstances where: a) there is no breach of a contractual obligation or legal duty of care owed to you by us or by any of our employees or agents; or b) such loss or damage is not a reasonably foreseeable result of any such breach any loss or damage caused by us or any of our respective employees or agents to the extent that such loss or damage results from your negligence, your failure to follow our reasonable instructions or any other breach by you of App End User Terms. (effective from 23/06/17) Page 15

16 eir Price List (Notification No 28) 2017 Part any loss or damage caused by any: a) errors, viruses or bugs present in or arising from your use of the Service that are not directly caused by or attributable to us; or b) incompatibility of the Service with any other software, hardware or material on your Device any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits or contracts, income or revenue, goodwill, anticipated savings, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from: a) the use or the inability to use the eir Voice over Broadband App; b) the use of the Content or other material on App End User, the Website or any website or websites linked to the eir Sport App; c) unauthorised access to or alteration of your transmissions or data; d) statements or conduct of any third party on the eir Voice over Broadband App; or e) any other matter relating to the eir Voice over Broadband App. 5.4 The limitations in clause 5.3 do not affect your legal rights. If you require any advice on your legal rights, you can refer to 6. COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY 6.1 All copyright, trade-marks and all other intellectual property rights in all material or Content supplied as part of the Service will remain ours or, where applicable, our third party content partners. We hereby grant you a licence to use such rights for your personal use of the Service only, in accordance with these App End User Terms. 6.2 You must not do or authorise any of the following: copy (except as permitted under the Copyright and Related Rights Act 2000, as amended from time to time), publish, rent, reproduce, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the relevant software or any Content you stream from the Service; sell or make any charge for using any part of the Service; or show any part of the Service in public to an audience, even if no charge is made. 6.3 We may prevent the copying of any part of the Service. (effective from 23/06/17) Page 16

17 eir Price List (Notification No 28) 2017 Part INFORMATION ABOUT THE SOFTWARE AND YOUR DEVICE If you are required to download software in order to access or use part of the Service, it may send information about itself and your Device (including in relation to usage) to us. The type of information we may collect about the software and your Device under this clause 7 is explained on the Website. By using the relevant software, you are indicating your consent to the transmission of this information. 8. LICENCE 8.1 We hereby grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to use the Service on any mobile device that you own or control. You may not distribute or make the Service available over a network where it could be used by multiple mobile devices at the same time. This licence does not include any right to copy, reverse-engineer, decompile, modify, tamper, distribute, sell or lease any part of the Service. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of this license will govern any upgrades provided by us that replace and/or supplement the Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. 8.2 The design of the App, along with the text, scripts, graphics, interactive features and the like, trademarks, trade names, logos and service marks appearing on the App belong to eir and/or our suppliers. The grant to you of a right to access and use the Service shall not be construed as granting, by implication, estoppel or otherwise, any licence or right to use the trademarks, trade names, logos or service marks appearing on the App. For the avoidance of doubt, the App is licensed, not sold, to you for use only under these Terms and we reserve all rights not expressly granted to you. 8.3 The Service is provided to you AS IS for your information and personal use only. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service in any form or by any means. 8.4 The App will not work with all mobile equipment. We won t be responsible for any loss or damage that we or you couldn t reasonably expect at the time you first began to use the App or which is out of our control. We will also not be responsible for: any loss or damage arising as a result of using the App any loss or damage that you could have avoided or reduced by being careful or taking reasonable steps any loss of, or corruption to your content or other data if that loss or corruption is not caused by us or is out of our reasonable control (effective from 23/06/17) Page 17

18 eir Price List (Notification No 28) 2017 Part NOTICES 9.1 If we give you any notice that is required under these App End User Terms, we shall give it to you in writing or by electronic communication (including via , via the Website or via a notification within the Service). If we send you any notice with any other electronic communication, such as with a service message, the notice will be in a separate section of the relevant communication and will be clearly marked. The notification will deemed to have been delivered on the day the electronic communication is sent provided we have not received a failed delivery notice (in which case we will send a notice via the Website). 9.2 We will send notices to you using the contact details you have given us (including to your primary address). 9.3 You must provide us with accurate, true and correct contact details (including a valid address) and you must keep this information up to date. 10. GENERAL 10.1 We can transfer our rights and obligations under these App End User Terms to any company, firm or person. You may not transfer your right or obligations under these eir End User to anyone else These App End User Terms are personal to you and no third party is entitled to benefit under these App End User Terms except pursuant to clause 9.1 above All or any part of any term of these eir Terms that is found to be unfair or unenforceable will be treated as deleted and the remainder of these End User Terms will continue to govern each of our respective obligations going forward These End User App Terms are governed by Irish law. Any disputes can be dealt with in accordance with the eir Voice over Broadband App (effective from 23/06/17) Page 18