TERMS & CONDITIONS FOR INTERNET AND PHONE SERVICE
This policy applies to you if you are a subscriber or user of Fasttrack Broadband. It is intended to ensure that your use of our service is trouble free and that you have due regard to the law and the needs of other users. Please read it carefully. It is a condition of your use of our service that you comply with the terms of this policy. This policy may be amended by Fasttrack Broadband at any time and you are therefore advised to frequently visit our web page www.Fasttrackbroadband.ie, Users will be emailed if there are any significant changes or additions to this document.
1. Some general principles
1.1 Fasttrack Broadband is not responsible for the content of user originated traffic.
We exercise no direct supervision or control whatsoever over the content of the information passing through our network. We do not assume any responsibility for information not sent or authorised by us. The responsibility for traffic that does not conform with this policy and all possible consequences lie with the sender of the traffic.
1.2 You are responsible for use of your account.
If you permit others to use your Fasttrack Broadband service, you are responsible for making users of the service aware of this policy and obtaining compliance of your users with this policy. NOTE: This is allowing other to use the service from the equipment installed for a individual customer, i.e., sharing password for wireless router. See Item 2.6 regarding reselling or retransmitting service.
1.3 Fasttrack Phone Service
Fasttrack Phone service uses VOIP (Voice Over Internet Protocol) to connect a Fasttrack Users geographical number (i.e. 021, 023, 028) to the PSTN (i.e Eircom standard phone line) Network via a SIP Telephone Exchange. The Quality of Service depends on the Internet Connection. Fasttrack Broadband will ensure that all Fasttrack Phone customers quality issues reported will receive the highest priority over all other operational issues to ensure optimum service to our Fasttrack Phone customers.
1.4 Fasttrack Phone – Directory Listings
The customer can maintain their phone number in the Eircom phone directory.
However, after porting telephone number to Fasttrack Broadband, the customer must submit a NDD form to Fasttrack Broadband if they wish to maintain their telephone number on the Eircom phone directory. This form is available to download from our Website. Fasttrack Broadband has taken every care to provide an efficient phone service, including not least, priority of phone traffic throughout our Network, porting of numbers from other providers and submission of phone numbers to the National Directory Database for inclusion in the Eircom Phone Directory. Fasttrack Broadband to the fullest extent permitted by law, fully disclaim and assume no responsibility or liability (and shall in no event have any liability in respect of) any loss or damage whether direct, indirect, special, consequential or otherwise caused by use of the Fasttrack Phone Service, porting of number from or to other service providers or from incorrect or omitted telephones numbers, incorrect or omitted wording.
1.5 Fasttrack Phone – Geographical Numbers
Customers who port (transfer) their current number (021,023,026,028) from a PSTN Landline (i.e Eircom, Perlico, etc) to Fasttrack Broadband’s phone service, can in the future port their number back to another provider.
Fasttrack Broadband can provide 021,023 and 028 numbers to customers who have no current landline or require a second line. However, these numbers are not transferable to other providers.
1.6 Fasttrack Phone – Sending and Receiving Faxes
Fasttrack Phone service uses VOIP (Voice Over Internet Protocol) which may affect sending and receiving faxes.
1.7 Fasttrack Phone – Unlimited Landline Usage
Fasttrack Phone unlimited landline usage for local, national and UK is based on a fair usage policy for residential use only. This usage limit will vary. Currently the total hours is based on the average usage of all customers multiplied by two. We believe this is the fairest of all policies on the market. At no times will additional charges been applied. In the event that a customer exceeds this usage for a continuous period of three months, the customer will be contacted to review their package. Unlimited residential plans are for residential use only. Fasttrack Broadband reserves the right to immediately cancel any service where it is deemed that the unlimited plan is not being used as a normal residential connection.
1.8 Fasttrack Phone – Making and Receiving Calls
Fasttrack Phone service uses VOIP (Voice Over Internet Protocol) which connects with upstream Providers to connect Fasttrack Broadband’s Customer to the Dialled Destination. Fasttrack Broadband to the fullest extent permitted by law, fully disclaim and assume no responsibility or liability (and shall in no event have any liability in respect of) any loss or damage whether direct, indirect, special, consequential or otherwise caused by use of the Fasttrack Phone Service where dialled destinations cannot be reached or inbound calls are not received by Fasttrack Broadband Customers.
2. Installation & General
2.1 The Customer agrees that Fasttrack Broadband is not responsible in any way for any networking, computer, telecommunication, software or other electronic equipment at the Customer’s premises and that any malfunction of same can not be attributed to the Service and that no troubleshooting or repairs of same will be entered into by Fasttrack Broadband.
2.2 Fasttrack Broadband will make all reasonable efforts to safeguard the privacy of any communications performed by the Customer using the Service, however, as with most internet communications, it may be necessary to inspect or modify communications on the Service either manually or electronically for the purposes of, but not limited to, continued effective operation of the network, maintenance or cooperation with law enforcement agencies.
2.3 Fasttrack Broadband has the right to use subcontractors for the purpose of provision of the service at it’s own discretion.
2.4 The Customer is responsible for obtaining all necessary rights and permissions for access, running of cable, mounting of Equipment for the installation of the service and also ongoing access for the purposes of maintaining and recovering Equipment. The Customer accepts all responsibility for issues arising out of failure to obtain same.
2.5 The Customer will keep the areas that house Equipment clean and dry and in a state suitable for the accommodation of telecommunications equipment and will ensure that the Equipment is not damaged. The Customer takes full responsibility for damage to the equipment and warrants that any damage will be made good at the Customer’s cost, including replacement of the Equipment if necessary.
2.6 The Customer agrees not to resell or re-transmit any part of the Service without written consent from Fasttrack Broadband.
2.7 The Customer will provide at no cost to Fasttrack Broadband, any electricity required at the Customer’s site, necessary for the provision of the Service.
2.8 The Customer agrees to use the Service subject to the Acceptable Usage Policy as published by Fasttrack Broadband from time to time on it’s website.
2.9 The Customer agrees to use the Service subject to any applicable legislation, laws or rules and to indemnify Fasttrack Broadband from the result of any breach of same.
2.10 Fasttrack Broadband will make all reasonable efforts to provide the Service, however the service is provided on an “as-is” basis and no warranty is given as to merchantability or suitability for any particular purpose.
2.11 Fasttrack Broadband will make all reasonable efforts to provide the Fasttrack Phone Service. However, in the event of loss of service, Fasttrack Broadband is not responsible for any losses incurred by the customer.
2.12 The Customer agrees that malfunctioning of individual websites or other third-party services accessed using the Service is not the responsibility of Fasttrack Broadband.
3.1 IP addresses assigned to customers are hired by Fasttrack Broadband for the duration of the service and may be owned by Fasttrack Broadband or it’s upstream providers. At cessation of the service, all addresses will be taken over for other usage by Fasttrack Broadband and no responsibility is assumed by Fasttrack Broadband for any disruption caused.
3.2 Fasttrack Broadband will endeavour not to change the IP address(es) assigned to the Customer, however, if for any reason this becomes necessary, no responsibility is assumed by Fasttrack Broadband for any disruption caused.
4. Fees & Payments
4.1 The Customer agrees to pay for the Service according to the rates published on Fasttrack Broadband’s website from time to time.
4.2 All payments are to be made using the payment method selected on the initial order form.
4.3 Unless stated to the contrary, all published prices exclude VAT and bank fees where applicable.
4.4 Fees for the Service will be paid monthly in advance.
4.5 The Customer agrees that if she does not pay fees on time that the Service may be suspended, altered or degraded and that any costs arising from these activities or from the collection of fees will be payable by the customer.
4.6 In the event of a customer cancelling before the “Minimum Period” (see 8.1), the customer is liable for the monthly payment until the “Minimum Period” is complete.
4.7 Invoices will be sent to the customer by email free of charge. A fee of 2.00 will apply to for invoices which are posted within the Republic of Ireland at the customer’s request
4.8 The Customer agrees to inform Fasttrack Broadband by email or by Postal Letter if they wish to cancel service. Service is deemed cancelled once the customer receives return email confirming cancellation. The customer must ensure they receive the return email. In the event of not receiving the return email, the customer must contact Fasttrack Broadband by phone on the number shown on web site home page.
5. Suspension of Service
5.1 Fasttrack Broadband may at any time suspend the service if it is required to do so for safety reasons or maintenance purposes or on non-payment of fees or for licencing reasons or for legal reasons or for financial reasons or if the Customer is, in Fasttrack Broadband’s view, in violation of the Acceptable Usage Policy as published and amended from time to time on the Fasttrack Broadband website.
5.2 If Fasttrack Broadband is required to suspend the service due to violation, in Fasttrack Broadband’ view, of the Acceptable Usage Policy as published and amended from time to time on the Fasttrack Broadband website and the date of suspension is before the end of the minimum period, the Customer will be liable to pay a cancellation fee of 200. This fee will be payable within 30 days of suspension of the Service.
5.3 Fasttrack Broadband may terminate this agreement or the Service at any time for any reason whatsoever.
5.4 Upon termination of this agreement or cancellation or suspension of the Service, the Customer agrees to stop using the Service and agrees to allow Fasttrack Broadband to terminate the Service immediately and to cease using the Equipment immediately and agrees that Fasttrack Broadband will not be held responsible for loss of information, communications, data or business as a result of termination of the service. The Customer agrees to cancellation fees as set out in condition 4.6
5.5 Any content hosted or carried by Fasttrack Broadband as part of the Service, including but not limited to web pages, scripts, images, files or emails will be deleted on cessation of the service at Fasttrack Broadband’s discretion.
5.6 Fasttrack Broadband may take action to suspend the Service if malicious traffic is seen to emanate from or target the Customer’s network, including but not limited to virus or worm-generated traffic, unsolicited emails or spam. If the said traffic is emanating from the Customer’s network, Fasttrack Broadband will not be obliged to reinstate the Service until the source of the malicious traffic is identified and stopped and Fasttrack Broadband will not be liable for any loss as a result of the suspension of the Service.
5.7 Suspension or termination or other cessation of the Service will not be regarded as Downtime for the purposes of the Service Level Agreement.
6. Limitation of Liability
6.1 Fasttrack Broadband does not provide any assurances or warranties or insurances of the merchantability of the Service or the suitability of the Service for any purpose. Fasttrack Broadband does not guarantee continuous access to the Service and shall not be liable beyond penalty charges as defined in the Service Level Agreement for the Customer’s inability to access the Service at any time or failure to provide the Service.
6.2 Fasttrack Broadband is not responsible for or liable for any damages or loss of Service caused by matters outside the reasonable control of Fasttrack Broadband. Reasonable control includes but is not limited to lightning, weather, climate, flooding, fire, terrorism, vandalism, acts of government, industrial disputes, performance of external communications networks or other outsourced services.
6.3 On no account will any liability, fee or refund payable by Fasttrack Broadband to the Customer exceed the total amount paid by the Customer to Fasttrack Broadband.
6.4 Fasttrack Broadband will not be liable for any losses or damages suffered by the Customer as a result of use of the Service.
6.5 Fasttrack Broadband will not be liable for any penalties, costs, custodial sentences or other liabilities imposed as a result of the Customer’s use of the Service.
6.6 The Customer agrees to hereby indemnify Fasttrack Broadband of any liability for damage to devices or software at the Customer’s premises as a result of interconnection with the Equipment.
6.7 Line of sight between Fasttrack Broadbands transmitter and Customer CPE is required. Line of sight is defined as a clear unobstructed view. Fasttrack Broadband Ltd shall not be liable should any obstructions or topographical changes take place after installation.
7. Service Level Agreement Terms
7.1 The maximum penalty charge creditable to a Customer’s account for any one month is 80% of the monthly fee.
7.2 Penalty charges for any period to any Customer shall never exceed the fees invoiced for the Service by Fasttrack Broadband.
7.3 Only measurements carried out by Fasttrack Broadband shall be used for the calculation of Service Level Agreement parameters.
7.4 Timing of Downtime begins when the fault is recorded by or reported to Fasttrack Broadband’s support team and ends when the fault is deemed fixed by Fasttrack Broadband’ support.
7.5 Downtime as a result of planned maintenance is not included in Downtime calculations.
7.6 Downtime as a result of the actions or inactions of persons or bodies outside of Fasttrack Broadband (including but not limited to the customer, contractors, upstream providers and suppliers) or due to circumstances outside the control of Fasttrack Broadband (including but not limited to acts of God, terrorism, or vandalism) is not included in Downtime calculations.
19 centimetre 7.7 In the event of an apparent fault, the customer will make all reasonable attempts to verify that it is in fact the Service that is faulty.
7.8 Any faults in the service must be reported to Fasttrack Broadband’s support team using the published main phone number for Fasttrack Broadband or any phone number supplied by Fasttrack Broadband for this purpose. Once a fault is logged, Downtime timing is commenced.
7.9 Any fault reference number or other identifier supplied by Fasttrack Broadband must be used in all subsequent correspondence or reference to the fault made by the Customer.
7.10 Fasttrack Broadband will try to diagnose a fault by attempting to contact the Customer’s CPE using the TCP/IP ping operation. If Fasttrack Broadband receives a reply from the CPE, the network connection is deemed to be up and further troubleshooting will be at Fasttrack Broadband’ discretion.
7.11 If a reported fault is found not to be a fault with the actual service (as defined by Downtime in section 1) or if Fasttrack Broadband is required to attend a fault outside Normal Working Hours, Fasttrack Broadband reserves the right to bill the client at normal commercial rates.
7.12 Fasttrack Broadband is only responsible for faults on the Fasttrack Broadband network. If Fasttrack Broadband can demonstrate connectivity at the ethernet port of the CPE, the Service is deemed to be up.
7.13 Poor performance figures caused by faults in the measuring equipment are to be disregarded.
8.1 This Licence Agreement shall be governed by Irish Law.
“CPE” – Customer Premises Equipment, the equipment provided to the customer by Fasttrack Broadband Ltd and remains property of owner.
“Customer” – The customer of Fasttrack Broadband named in the order form with which the service(s) was (were) ordered.
“Downtime” – A period during which Fasttrack Broadband cannot perform a TCP/IP
“ping” – operation on the customer’s CPE, but excluding any period during which the Service is suspended, terminated or ceased for any reason and also excluding scheduled maintenance and subject to any other exclusions as defined in the terms & conditions and the service level agreement.
“Equipment” – CPEs, antennae, radio equipment, masts, poles, brackets, cabling, junction boxes, wall outlets, connectors and any other devices or items supplied by Fasttrack Broadband for the provision of the service.
“Minimum Period” – A period of 12 months from the Switch-On Date.
“Normal Working Hours” – 9am – 5pm, Monday – Friday, excluding public holidays.
“Fasttrack Broadband” – Fasttrack Broadband and any subcontractor acting on behalf of Fasttrack Broadband
“Service” – The service(s) that the customer has ordered from Fasttrack Broadband, terminating at the Ethernet port of the CPE or Router for Broadband and at the Phone Port for Fasttrack Phone customers
“Fasttrack Phone” – Fasttrack Broadband’s Phone Service