Our Customer Code of Practice
Fair Usage Policy
You understand that you are responsible for all electronic communications and content sent by you and that you will be responsible for all activities that take place as a result of access to the Services via your Account (whether authorised by you or not). All capitalized terms herein (unless otherwise defined) shall have whatever meaning is ascribed to them in the general terms and conditions.
You must not use the Site, Services, Equipment, Network or any Content:
- for unlawful or fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, receive, upload, download, use or reuse any material that is illegal, offensive, abusive, malicious, threatening, racist, indecent, defamatory, derogatory, obscene, menacing, or otherwise objectionable
- to harass, stalk, inconvenience, cause annoyance or needless anxiety to any person, impersonate any other person or act in a way which may reasonably be objectionable or is otherwise injurious to third parties
- In any way or manner which does not comply with any relevant legislation or licence or with any instructions
- in any way that breaches copyright, trademark, confidence, privacy or infringes the Intellectual Property Rights of others
- other than for your own private and personal use and not for any commercial purposes or to send commercial advertising or promotional material
- in any way that causes, or is likely to cause, the Services or access to the Services to be interrupted, damaged or impaired in any way
- in any way that infringes other customers' use and enjoyment of the Services
- to initiate the sending of unsolicited advertising or promotional material including without limitation junk-mail for commercial or non-commercial reasons
- to send anything which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any Spam; or
- other than in accordance with the acceptable use policies of any connected networks or relevant third party service providers, or any other conditions notified to you prior to your use of the Services.
- in any way that we in our reasonable discretion consider objectionable, inappropriate, likely to injure the Meteor brand and reputation, or otherwise unacceptable (including the use of internet services for bit torrenting or peer-to-peer file sharing services)
- You are also expressly advised that Meteor may restrict WAP or internet access to any URL or Content that is illegal or Meteor reasonably believes is contrary to this FUP or, where relevant, to the ICIA Code of Practice
In addition, you shall:
- not use multiple log-ins for disruptive purposes or in a manner calculated to annoy others
- not forward, send, transmit or transfer any part of any Content to another person
- not re-sell, copy or incorporate into any other work part or all of the material available on the Services in any form save that you may print or download extracts of the material for your personal use only
- not store, modify, transmit, distribute, broadcast or publish any part of the Content in a way that breaches the provisions of this section
- not use port-scanning software on any Content or Services
- comply fully with any additional conditions displayed relating to particular Content or Services which may apply and comply with all other instructions issued by us from time to time regarding use of the Services and the Content; or
- not use any automated means, including without limitation, agents, robots, spiders, or scripts to access, monitor or copy any part of the Site except where this is expressly approved of by Meteor in advance in writing.
- not without our written consent, save as permitted by law, and shall not permit any other person to: (a) copy, modify, disassemble, reverse engineer, decompile or in any other way interfere with any software provided as part of the Services; or (b) create any new software partly or wholly based on the software; or (c) transfer, assign or sub-license your right to use the software or attempt to do so.
Meteor reserves the right to modify the above at any time.
Please note that Meteor if approached with complaints relating to any of the above violations Meteor will cooperate and assist the police, law enforcement and regulatory bodies with their investigations in order to bring such misuse and violations to an end.
You will indemnify and hold Meteor harmless against all liabilities, claims, damages, losses, expenses, costs and proceedings, howsoever arising from any breach by you of these terms and provisions.
Terms and Conditions of the Meteor Service
In this Agreement the following terms mean:
"Advance Payment" - A payment by the Customer, (excluding Charges) to enable the Customer to use Services to include, but not limited to, International Calls, Roaming, and Premium Rate Services.
"Agreement" The agreement between the Customer and Meteor comprising of these terms and conditions, the Application Form and any other subsequent terms expressly agreed in writing between Meteor and the Customer.
"Application Form" - The application for the Services completed by, or on behalf of the Customer for the Services and all information, consents and statements which it contains (which information, consents and statements may be obtained over the telephone or online).
"Acquisition Add On" - An additional benefit or subsidy that may be provided by Meteor to Customer, where same is recorded on the relevant Application Form, at Meteor's discretion and on such terms as Meteor may specify and amend from time to time.
"Authorised Representative" - The person or entity authorised by the Owner to complete the Customer Authorisation Form , or any person reasonably appearing to us to be acting with such individual's or entity's authority.
"Bill Pay" - The postpaid Meteor service whereby the Customer is charged for Services already availed of.
"Bill Pay Lite" - shall mean any Bill Pay Tariff Plan titled with such term and under which the Customer shall be entitled to terminate at any time on thirty days notice.
"Business Day" shall mean any normal working day, excluding weekends and public holidays, in the Territory.
"Call" - A transmission made over the Network for the purpose of communicating a voice or data message (which includes, without limitation, short text messages, multi media messages, and usage of Data Sessions).
"Call Content" - The content of any Call received or made by a Customer over the Network.
"Charges" -The charges for the Services, whether Bill Pay or Pay As You Go, as specified on www.meteor.ie , including, but not limited to, connection charges, monthly rental, tariff charges, Call charges, any applicable additional usage charges calculated according to the rates prevailing from time to time, administrative charges and charges for Third Party Services which the Customer may choose to receive.
"Customer" - The individual or entity who accepts these terms and conditions, and, where applicable, who uses the Service and/or signs the Application Form and remains an active Customer on the Meteor Network, or any person reasonably appearing to us to be acting with such individual's or entity's authority.
"Customer Authorisation Form" - The form required to process a Move.
"Current Network Operator" - A Network Operator other than Meteor, which, immediately prior to the Customer entering this Agreement and Moving the Number, was supplying services to the Customer through the Number.
"Data Session" - A mobile internet (‘WAP') or Internet session established using GPRS, UMTS, or other technology made available by Meteor over its network, which definition includes the use of Mobile Broadband.
"Deposit" - A payment made by the Customer to us, before or after connection to the Network, as security for payment of Charges.
"Equipment" - The Customer's handset or other terminal (e.g. PDA / dongle for Mobile Broadband), the Meteor SIM Card and/or any other equipment which is provided by Meteor to the Customer pursuant to this Agreement in connection with the Services.
"Fair Usage Policy" - The fair usage policy (or policies) applicable to the Services as displayed on http://www.meteor.ie/ as may be amended from time to time.
"FMNP" (Full Mobile Number Portability) - The process which enables a Customer to Move from its Current Network Operator to Meteor or vice versa.
"For Life" - when used in conjunction with a Promotion, shall mean you will receive that Promotion for as long as you remain a Meteor Customer on the same Tariff Plan.
"Meteor" - Meteor Mobile Communications Limited whose registered office is at 1 Heuston South Quarter, St. John's Road, Dublin 8.
"Meteor Group Company" - Any company controlled by, controlling, or under common control as, Meteor.
"Meteor Representatives" - Any third party authorised to promote and sell the Services or carry out business activities on Meteor's behalf.
"Meteor SIM Card" - The card, bearing a unique mobile telephone number, the related personal unlocking code and personal identification number, used with a handset, or other terminal or modem, to access the Services.
"Minimum Period" - The period of 12 months (or such other period as stated under the Application Form executed) commencing on the date of the Customer's connection to the Network, or from any re-execution or new execution of this Agreement or written acceptance of new terms.
"Mobile Broadband" - The service which may be provided through specific Equipment, which in conjunction with a personal computer, enables connection to the world wide web over Meteor's 3G Network.
"Move" - To transfer the use of the Number for accessing the Current Network Operator's services to the use for accessing the Meteor Services whereby the Customer ceases to be a Customer of their Current Network Operator and becomes a Customer of Meteor, "Move" and "Moving" shall be construed in a similar manner.
"Network" - All of the Meteor and other mobile telecommunications networks and systems used to provide the Services, including all of the cables, exchanges, transmitters, receivers, computer hardware and software, and other equipment and facilities by which the Services are provided (excluding equipment owned or used by the Customer and by other users and customers of the Services).
"Network Operator" - A licensed mobile telephony service provider.
"Number" - Mobile Station International Subscriber Directory Number (MSISDN) - the unique ten-digit mobile phone number programmed into a SIM Card.
"Owner" - The person who is legally entitled to request the Network Operator to Move the Number.
"Pay As You Go / PAYG" - The prepaid Meteor service whereby the Customer pays for usage of the Services in advance.
"Promotion" - Any Bill Pay or Pay As You Go special offer available to the Customer (as published by Meteor from time to time and available on www.meteor.ie).
"Roam/Roaming" - A Service which allows you to use the Equipment on other Network Operator's networks, usually outside the Republic of Ireland.
"Services" - The mobile telephony Services provided by Meteor which enable the Customer to make or receive Calls over the Network, and any additional services provided by Meteor over the Network from time to time, on the terms and subject to the conditions of this Agreement.
"Tariff Plans" - The various tariff structures, applicable to the different Services, which are available to the Customer (as published by Meteor periodically and available on www.meteor.ie).
"Territory" - Ireland (excluding Northern Ireland).
"Third Party Service" - Any service promoted or provided by third parties to the Customer over the Network.
"Traffic Data" - The information relating to your use of the Services, processed substantially for the purpose of the effective use of the Services, or for billing purposes, including information relating to the date, time and duration of the use of the Services, the Equipment and/or the Networks used.
"Unlocking Code"- The code to disable security settings that restrict the use of a phone handset to a specific SIM Card or to a specific Network Operator's services.
As a "Bill Pay" Customer these Terms and Conditions and the Customer Application Form ("the Form") together with our Fair Usage Policy, the terms and conditions of any applicable Tariff Plan, Promotion or service options and any other terms stated to form part of this Agreement constitute a legally binding agreement ("the Agreement") between Meteor ("we/us/"Meteor") and the Customer named in the Form ("you" or "Customer"), which will be effective from the time we accept the application for the Services detailed in the Form. Acceptance of you as a Customer is at our discretion and no reason will be proffered if we do not accept you as a Customer. By signing the Form, you confirm that all information therein relating to you is accurate and that you accept these Terms and Conditions of service.
If you are a "Pay As You Go" Customer the reference to The Form does not apply to you and these Terms and Conditions, together with our Fair Usage Policy, the terms and conditions of any applicable Tariff Plan, Promotion or service options and any other terms stated to form part of this Agreement, constitute an accepted legally binding Agreement between Meteor ("we/us") and you the Customer ("you"/"the Customer") commencing from when Meteor connects you to the Network and running until properly terminated by you or Meteor as permitted by this Agreement.
This Agreement is personal to you. You may transfer this Agreement with Meteor's written consent. We may freely transfer existing and/or future debts due by you to us without notice. You agree that we may contact any person named in any proof of identity and/or references provided by you in order to verify the accuracy (or continuing accuracy) thereof. Meteor Equipment may only be used on the Meteor Network and may not be used on any other Network unless Meteor provides an Unlocking Code (please refer to Meteor Customer Care for information on the costs (if applicable) of unlocking your handset).
4. Meteor's Service Obligation
- We will use reasonable efforts once you have received your Meteor SIM Card to connect and activate your Meteor SIM Card within one (1) Business Day, or as soon as practicable thereafter, and to make Services available to you at all times. However, the Services are available only within the range of our Network's base stations. Both quality and availability of the Services are affected by factors which could cause radio interference, such as physical obstructions and atmospheric conditions and by technical faults in the Network, including in other telecommunications networks through which the Services may be relayed, or other matters beyond our control.
- Certain features / services are dependent on your being located within Meteor's 3G network and may fall from use, or be unavailable, if you travel, or are, outside of such network - broadband access and other 3G based Services and the speed of same may be affected by this and other factors outside our control. Meteor cannot guarantee that you will reach maximum speed advertised. Speed of internet connection assumes the Network and components are working at optimum speeds and capacity. Additionally, certain functionality (e.g. video calling) may only be available if you are calling another person who is also 3G enabled and within a 3G network.
- Meteor may issue such reasonable instructions , either with Equipment or on www.meteor.ie, concerning the use of the Services for any valid reason Meteor deems sufficient, which, for example with Mobile Broadband, includes guidelines as to self-installation of the Service and details as to minimum system requirements.
- Meteor makes no representation and gives no warranty as to the performance of any of the Third Party Services. We may withdraw access to Third Party Services at any time. Third Party Services are used at your sole risk and we are not liable for any loss or damage suffered by you arising from the use of such services. However, Meteor may be required to bill you for such services. This provision includes, but is not limited to, the use of Services to access third party websites not controlled by Meteor. Meteor accepts no responsibility for same, their content or services and no endorsement or approval of such sites by Meteor may be implied.
- You may only Roam outside the Republic of Ireland once you have been approved by us. Please contact our Customer Care team for more details. The Services available to Customers while Roaming shall depend upon the arrangements between local operators and Meteor, however, Meteor has no control over the telecommunications systems of foreign networks, thus makes no representation and gives no warranty as to the performance or provision of services when Roaming and accepts no responsibility or liability for same.
- The Meteor Customer Code of Practice for handling customer questions and feedback is available at http://www.meteor.ie/misc/code_of_practice.pdf.
5. Customer Obligations
You agree as follows:-
- The use of the Meteor Services is governed by Meteor's Fair Usage Policy and other terms and conditions which are in addition to and form part of these Terms and Conditions, copies of which are available on http://www.meteor.ie/, and which you agree to adhere to and understand the nature of and any failure to comply with same shall entitle us to disconnect service in accordance with the terms herein. Additionally, you will indemnify and hold us harmless against all liabilities, claims, damages, losses, expenses, costs and proceedings, howsoever arising from any breach of same. It is your obligation to make yourself aware of the Services and other Terms and Conditions of use of these Services and all Third Party Services.
- The information on the Form is accurate and true and you will provide any further information and assistance, as may be reasonably requested by Meteor, to enable the delivery of Services to you, to investigate any faults or issues and for any investigation as to the manner of using or provision of the Services, including any alleged offences.
- Not to use the Services or the Equipment for any improper, indecent, unlawful or fraudulent purpose, or to cause any nuisance, injury, offence, or annoyance to any person, or impinge in any way upon other customers ability to use or access the Services, or which may damage, or put at risk the Network or the Equipment, which in the absolute discretion of Meteor makes excessive or unusual demand on the Service or Network, or other than for your own use and will not resell, or attempt to resell, the Services to any third party.
- To promptly pay all charges in accordance with clause 6 and to notify Meteor in writing of any change of address, or cessation of the Service by you.
- To tell us immediately if your Equipment and /or Meteor SIM Card is lost or stolen or your Meteor SIM Card is damaged. You will remain liable for all Charges incurred until we are actually and specifically aware of same. We will provide a replacement SIM card and will charge you €15 for the replacement SIM. Meteor reserve the right to decrement your account for the replacement cost if you are a Pay As You Go Customer.
- Reliance on Call Content is at your sole risk. Meteor shall not be liable for any Call Content sent or received by you. Meteor makes no representation or warranty of any nature as to the quality, accuracy, correctness, completeness or suitability of any Call Content. Call Content must not be exploited commercially to the detriment of Meteor or any Third Party and must not be used to provide any other on-line or information service.
- To ensure that all persons having access to the Services, or the Equipment, comply with this Agreement. You are responsible for the acts and omissions of your employees and agents and any other person you authorize or allow to use the Services, or the Equipment, from time to time, and you are liable for any failure by such person to comply with these terms and conditions.
6. Payment, Charges and Tariff Plans
You are liable to pay for all charges incurred through your Meteor SIM card whether or not incurred by you personally (including VAT arising on the charges), and for all costs incurred in enforcing this Agreement. We reserve the right to vary Charges at our discretion. In the event that Charges are varied we will post notification of such changes on our web site, in-store and/or notify you via SMS or by post. You may therefore not receive notification if we have no contact details for you.
- As a Bill Pay Customer we will invoice you monthly in advance for fixed charges, and invoice monthly in arrears for connection, call and other non- fixed charges. Payment is due on the date specified on the invoice. We reserve the right to alter invoicing periods, charge interest on overdue payments at 2% above the Central Bank of Ireland prevailing base rate from due date to receipt of payment, contact you directly by SMS and phone in relation to overdue payments and to fix a credit limit on your account and to discontinue services without notice if the limit is exceeded.
- As a Bill Pay Customer you may apply to change from your Tariff Plan to a higher Tariff Plan (other than from Bill Pay Lite to another plan, which will require a new execution of contract) with effect from the beginning of any charging period by giving us at least 30 days advance written notice or calling customer care. You can only change to a lower Tariff Plan (including to Bill Pay Lite) after the conclusion of your existing Minimum Period, or upon settlement of termination charges for your prior Tariff Plan in accordance with clause 15, unless Meteor specifies otherwise, and where, at the time of requesting or effecting the change, you do not have unpaid amounts owing.
- We will send all invoices and notices to your billing address shown on the Form unless you tell us in writing of any change. Every invoice and notice from us to you will be deemed served 48 hours after posting or on earlier proof of delivery.
- Charges for our Services may vary from time to time and depend on your Tariff Plan. For a list of our current Tariff Plans and Charges, please check www.meteor.ie for details.
- Whilst Meteor will make every effort to ensure that all messages are delivered, the Customer shall be liable for all Charges in respect of any MMS & SMS messages that are not delivered.
- We can seek an Advance Payment and/or Deposit to enable you to access some or all of the Services or Third Party Services. In addition, pending credit checking, we may seek an Advance Payment and or Deposit to enable you to access the Services or Third Party Services. We may set off such amounts against any amounts due, or will be due, by you to Meteor.
- Meteor may apply a limit to the amount of Charges that you may incur and may alter this limit from time to time and may consolidate Customer accounts for the purpose of aggregating any balance due. You remain liable for all charges incurred by multiple users on your account.
- If you are a Pay As You Go Customer who has incurred Charges for Services in excess of the credit standing to your account (or accounts), credit subsequently added by you to your account will firstly be used to discharge or offset any balance owed on same.
- If you are a Pay As you Go customer with two accounts for Services, one of which is for Mobile Broadband, you acknowledge and agree that the balance of both may be used by Meteor in conjunction and deducted generally for Services.
- Meteor reserves the rights at all times to migrate customers to other Tariff Plans, to amend or vary the terms and conditions of, or to withdraw, or terminate a Promotion or Tariff Plan, generally in whole or part, at any time from any Customer and use all reasonable efforts to provide 30 days prior notice. For the latest terms and conditions of a Promotion or Tariff Plan, visit http://www.meteor.ie/.
- As a Pay As You Go Customer, you are entitled to a maximum amount of €280 call credit on your account at any one time. If, for any reason, you incur Charges in excess of the credit standing to your account, credit subsequently added by you to your account shall firstly be used to discharge any balance owed to us. Call credit shall be exhausted in accordance with your usage and tariff plan and may also be removed and lost following any suspension or termination as set out in clause 14.
7. General Terms for Promotions
The following terms and conditions apply generally to all Promotions from time to time (unless explicitly stated otherwise in the Promotion terms and conditions):
- Promotions cannot be availed of by a Customer when Roaming outside the Territory, nor when using the Services in the Territory to a receiver located outside of the Territory (applicable to all Services);
- Promotions require online registration within 60 days from the point of purchase to continue to avail of the Promotion;
- Promotions may take up to one (1) Business Day to take effect on a Customer's Service once the Customer registers for the Promotion;
- Promotional in-bundles (for all Services) can not be used for Roaming.
- If a Customer moves from one Tariff Plan under the Promotion to another non-eligible Tariff Plan, then that Customer will forfeit any benefits attached to that Promotion.
You may avail of a policy of insurance to cover accidental damage to and loss of your mobile phone. This policy is subject to its own terms and conditions and is governed by an agreement between you and the insurance company. If you fail to make insurance payments your insurance policy will be invalidated immediately.
9. Repairs and Refunds
Meteor policies referring to repairs and refunds are obtainable from http://www.meteor.ie/payg_protect_phone.html.
In the event that you are a consumer concluding a distance contract with us, within the meaning of the EC (Protection of Consumers in Respect of Contracts made by means of Distance Communication) Regulations 2001, you shall, on written notice to us and subject to returning all Equipment (to include any chargers or ancillary equipment supplied) to us, have the right to terminate the Services within seven Business Days of us accepting your Application Form, subject always to you not having used the Services. The Customer shall remain liable for any Charges incurred prior to such termination.
10. Directory Services and Caller ID
Unless you specify otherwise in writing to us directly, we will include you and your mobile phone number for National Directory Enquiry Services. Our Network may allow the display of your telephone number on receiving handsets, unless you have requested us in writing directly to refrain from doing so.
11. Customer Information and the Data Protection Acts 1988 & 2003.
We collect and process personal data for legitimate business purposes undertaken by Meteor Group Companies which are connected with the delivery of the Services to you. This may include processing your application, conducting credit and anti-money laundering checks, supplying you with our products or the Services, administering your customer account, calculating usage and charges, invoicing, customer services and the efficient management of call and Traffic Data. We may also process your personal data for the following purposes:
- a) To monitor or record calls to or from our customer services department for training and quality purposes and in order to track reported problems;
- b) To prevent, detect and investigate fraud or any other criminal activity;
- c) To investigate improper use of the Services or the Network;
- d) To assess and profile your network and billing history for Tariff Plans, statistical and customer service purposes; or
- e) For any other lawful purpose, including the sharing with third parties, such as other network operators or lawful authorities, for the above purposes.
Subject to the preferences you express when applying for the Services, Meteor and each Meteor Group Company may contact you by post, telephone, e-mail, SMS, or otherwise through the Services, both during and after termination of this Agreement, in order to inform you about new products and services, developments, Promotions, special offers and any discounts which may be of interest to you. This may include our own products and services, those provided by related companies and those provided by third parties.
Whilst your personal data will normally be held within the European Economic Area ("EEA"), you consent to the processing and transfer of your personal data outside of the EEA to the extent necessary to continue to provide you with the Services and the supported elements behind the provision of same, including, but not limited to, when you Roam outside of the EEA.
12. Equipment and Number
You do not own the mobile phone number allocated to you. We can change the Number at our discretion and will not be liable for any loss or damage, direct or indirect, which might arise from such change.
The Meteor SIM Card remains our property at all times. All other Equipment (excluding the Meteor SIM Card) shall remain the property of Meteor until the expiry of the Minimum Period.
You shall ensure that all Meteor instructions (including any instruction manuals relating to the Equipment) are followed correctly in using the Equipment and we shall have no liability arising from your failure to follow such instructions. You will maintain the Equipment in good working order. You are solely responsible for the manner in which the Equipment is used.
Meteor shall have no liability for any equipment, plug-ins or other devices, hardware or software provided by the Customer, other than the Equipment provided by us, for use in connection with the Services. Any such equipment must be compatible with the Services, these terms and conditions, must not cause damage or loss to the Services, the Network or the Equipment and must be used in accordance with relevant instructions, safety and security procedures.
13. Move to Meteor and Keep your Number (FMNP)
By accepting the terms of the Customer Authorisation Form, you warrant and represent that you are the person Authorised to instruct Meteor to Move your number.
You acknowledge that:
- Only the Number will be Moved;
- The completion of the Customer Authorisation Form shall constitute notice of termination of any contract with your Current Network Operator, subject to the terms and conditions of that contract.
- The services provided by your Current Network Operator to you, including, without limitation, unused call credit or benefits, tariffs and terms and conditions of use that applied to your service will not be transferable to your Meteor Services.
- Contractual and other obligations, charges and costs due to your Current Network Operator will remain due and owing & shall be subject to settlement by you with the Current Network Operator in accordance with the terms and conditions applying to the provision of that service.
- The process will be deemed to commence on the date of signing of the Customer Authorisation Form and it may not be possible to reverse once the Move has started.
- If the signatory is not the Owner or the Authorised Representative of the Owner, or if fraudulent or misleading information is supplied, then the signatory will be personally liable for all or any loss or damage arising from the unauthorised transfer of the Number.
Meteor may refuse, or be unable, to process your instructions if: -
- The information provided on this Customer Authorisation Form is incorrect or misleading.
- The information provided in relation to the Number is not compatible with information held by your Current Network Operator,
- There are overdue amounts and outstanding to your Current Network Operator,
Meteor does not warrant, or represent the Move will be completed within a particular timeframe.
There may be a period where no Services are available, from either your Current Network Operator or from Meteor. Meteor will not be liable or responsible for making good any loss, damage, costs or expenses or other liability whether incurred directly, indirectly or as a consequence of loss of these Services, All conditions, warranties and representations, implied by law are excluded to the extent permitted by law.
14. Suspension and Termination of Services
For Pay As You Go Customers, if you choose not to apply a minimum of €5 of purchased call credit to the Service at least once every 150 days, though for a further 30 days you will continue to receive incoming service. During this 30 day period and thereafter up to 13 months from the last purchase of credit, your suspension will be lifted if a minimum of €5 of purchased call credit is applied to the Service. Upon expiry of the 13 month period, Meteor may unilaterally terminate this Agreement without notice. If the Services have been suspended because of a failure to apply such a minimum top-up, Meteor will remove any credit remaining on your account after 240 days from the last top-up event. Additionally, if your account is terminated for any reason, you will lose any call credit remaining on your account at the time the Services are terminated.
15 Term and Termination
Term (Bill Pay Customers Only):
The Term of this Agreement shall be for the Minimum Period, running from the date of connection to the Network. This Term and the Minimum Period will be extended for a further period of at least 12 months following any upgrade of your Equipment, which will include the re-execution or new execution of terms, or your acceptance in writing of any new terms and conditions, or extended by a different period as may be agreed in writing by Meteor. On expiry of the Term, either party may terminate this Agreement on the giving of 30 days written notice and, in the absence of such notice this Agreement shall be deemed to continue on from month to month based on the Terms and Conditions herein.
If the contract is terminated during any Minimum Period, you are liable to a termination charge calculated as the sum of the monthly Tariff Charges which would otherwise be payable until the end of the relevant Minimum Period.
The above references to Term and Minimum Period do not apply to Bill Pay Lite, which may be terminated by either party, at any time, on the giving of 30 days written notice. In the event that this amount of notice is not received by Meteor, you acknowledge that you are liable to a termination charge amounting to one month's Tariff Charges on such tariff and all and any usage on such account until termination.
Meteor can terminate this agreement immediately and without notice;
- If you fail to pass such credit checks or exceed any credit limit specified by Meteor.
- If you breach any of the terms of this Agreement or if any information supplied by you to Meteor is false or misleading;
- If Services have been terminated for any reason identified under clause 14;
- If Meteor receives a valid request to port your number from Meteor to another Network Operator. You will remain liable for all Charges and other costs due up to the date of termination;
- If you are adjudicated as bankrupt, becomes insolvent or makes any composition or arrangement with or assignment for the benefit of creditors;
- Any meeting of the Customer's creditors is called pursuant to section 266, Companies Act, 1963 (as amended) or if the Customer enters into liquidation or has a receiver of its assets or a provisional liquidator appointed or should a petition for the appointment of an examiner be presented;
Upon termination of the Agreement, for any reason, we shall disconnect your Equipment from the Network, you will forfeit and lose any existing call credit applying on your account and Meteor will be entitled to ascribe your existing number to another customer or your original/new Network Operator. Exercise of our entitlements shall not prejudice or affect the exercise of any other right or remedy which may be available to Meteor.
16. Exclusion of Liability:
We will have no liability to you (or to anyone claiming through you) for any direct or indirect or consequential loss (whether or not foreseen, or foreseeable) suffered, including loss of profit or loss of goodwill by any reason whatsoever and without prejudice to the generality of the foregoing by reason of (in addition to circumstances stated previously herein):
- The suspension or termination of this Agreement or the interruption of, or failure of, Meteor in providing the Services, including the connection of any Call made to or by the Equipment.
- Any Call made to, or by, the Equipment being overheard or intercepted by a third party.
- Any data transmitted to, or by, the Equipment, or Network, being altered, deleted, corrupted or lost.
- If we are unable to perform an obligation or provide the Services to you as a result of any factor outside of our control, including but not limited to Acts of God, industrial action, default or failure of a third party, war or Governmental action.
- The effects upon you or other users of your Equipment, or upon any electronic or radio systems in equipment, vehicles or aircraft in your vicinity, of any emissions or transmissions to, from, by or through our Network and / or your Equipment.
- Any inaccurate or misleading or unlawful information provided to you via the Services.
- The acts and/or omissions of other Network Operators.
- Unauthorised access to your Equipment. Meteor strongly recommends that sensitive information such as Bank PINS, Credit Card Numbers etc, are not stored on the Equipment.
All conditions, warranties and representations implied by law in relation to our provision of Services are excluded to the extent permitted by law. Your rights under the Sale of Goods Act 1893 (as amended) and the Sale of Goods and Supply of Services Act 1980 are not affected.
If any dispute arises between us concerning the operation or the interpretation of this Agreement, we agree to use all reasonable endeavours to resolve any such dispute through our Customer Care Department but remain at liberty to pursue any lawful means in order to resolve the issue. In certain instances customers may be due compensation or refund arising from use of the Services. A detailed dispute mechanism can be found in Meteor's Code of Practice at www.meteor.ie. Contact details for all Customer Enquires can be found on www.meteor.ie
All the terms and provisions of this Agreement are distinct and severable, and if any term or provision is held unenforceable, illegal or void in whole or in part by any court, regulatory authority or other competent authority it shall to that extent be deemed not to form part of this Agreement, and the enforceability, legality and validity of the remainder of this Agreement will not be affected; provided that, in any case where as a result of the operation of this clause the rights or obligations of a party are materially altered to the detriment of the party, that party may terminate this Agreement within 30 days from the date of the relevant decision of the relevant court, regulatory authority or other competent authority. Any waiver, concession or extra time we allow you is limited to the specific circumstances and case in which it was given and does not affect our rights under the Agreement in any other way.
19. Survival and Entire Agreement
Any provisions of this Agreement which are intended by their nature to continue, or to come into effect after termination or suspension, shall survice termination ior suspension of this Agreement and continue in fukll force and effect.
This Agreement (including all related terms and conditions of the Services) constitutes the entire understanding between the parties relating to the subject matter hereof.
These terms and Conditions and the Agreement shall be governed by the laws of Ireland and the parties submit to the exclusive jurisdiction of the Courts of Ireland.
ICIA 10 Commitments
Go to ICIA 10 commitments (ICIA web site)
What is it?
Identity Theft occurs when someone wrongfully acquires or uses another person's personal data, typically for their own financial gain. Personal documents (photo identification, bank statements etc) may be stolen / copied / modified, and used to apply for credit from financial institutions, telecommunications operators and other credit providers.
Usually someone who is a victim of identity theft will become aware of the issue when they receive an invoice for a service for which they did not apply. They may also have amounts debited from their bank account / credit card for these services.
What should you do if you feel you have been a victim of identity theft?
Meteor considers identity theft to be a serious issue and has processes in place to investigate any claims that may arise.
If you feel that your details have been used to obtain a Meteor service without your consent, please report the matter to Meteor's Customer Care team
Please provide as much information as possible relating to your claim, and details on how we can contact you.
Meteor will be in contact with you with a view to investigating and resolving the issue. You may be requested to provide additional information to facilitate the investigation and asked to report the matter to the Gardai for progression and resolution. Please note that Meteor is unable to do this directly on your behalf.
Meteor would at all times stress that it is important that any identity theft is immediately reported to the Gardai by customers and that the report of the Gardai will likely be required to resolve matters. We would also highlight to you the Gardai's recommendations to avoid identity theft - http://www.garda.ie/Controller.aspx?Page=1921&Lang=1
Although malicious and nuisance calls are relatively rare, we now know that when they do occur they sometimes upset the recipient. They can range in style, silent calls, abusive, threatening, annoying or offensive. Here are a couple of precautions you can take to try and tackle the problem.
Never Answer any questions on the phone unless you know exactly who it is.
When recording your voicemail try not to provide too much information with regard to your location. Sometimes using a male voice on your voicemail can deter nuisance calls. (Female mobile users)
Stay calm. Most malicious or nuisance callers seek and emotional response from the person they call. It's better you remain calm and show no emotion.
Don't respond. If the call becomes offensive or unpleasant, say nothing. Either hang up at once or put down the Mobile phone and leave it for a few minutes before hanging up. If they call again, try not answer the phone.
Contact the Gardai. The Gardai can follow various procedures including requesting Meteor to trace the source of the calls.
The making of malicious and nuisance calls is a criminal offence under Section 13(1) of the Post Office (Amendment) Act, 1951 as amended by the Postal and Telecommunications Services Act, 1983. The penalties can be severe.
if you have any reason to believe that a particular image you have received might be illegal, such as child pornography, you should report it immediately to the Gardai.
The Child Trafficking and Pornography Act 1998 makes it illegal for anyone to produce, forward, publish, send, show or possess any child pornography in Ireland. Illegal images of this nature should be reported to www.hotline.ie
This service is provided by the Internet Service Providers Association of Ireland (ISPAI) for reporting any instances of child pornography on the Internet in a secure and confidential environment.
Acceptable Identification for Bill Pay Connections
To set up your account as quickly and efficiently as possible, please provide us with the following information:
Proof of Address
We require at least one copy of one of the following, the address of which must match the address on the application form
- Utility bill such as ESB, Gas, Phone, Television company, dated within the last 3 months, 4 months for eircom bills.
- Bank Statement (within the last 3 months)
- Letter from Bank (typed on headed paper, not hand written, showing full customer name, address and account number, not less than 3 months old)
- Letter from Building Society/Credit Union (typed on headed paper, Not hand written, showing full customer name, address and account number, not less than 3 months old)
- Motor or Income Tax Cert issued within 3 months
- Motor Insurance certificate issued within 3 months
Photo ID is required for all Bill Pay connections. The following forms of photo ID are acceptable:
- Irish Passport
- Drivers Licence
- International Passport
- National Identity Card for EU nationals
Upgrade customers require the following:
- Copy of existing Meteor phone bill (last 3 months)
- Sight of a credit/bank card
Pay As You Go to Bill Pay Connections
Requirements are the same as those for first time connections above.
Terms and Conditions of Meteor's Internet Access / Data Usage
The use of all the Meteor Services is governed by Meteor's General Conditions and Terms of Agreement and Meteor's Fair Usage Policy, which are in addition to, and must be read in conjunction with these Terms and Conditions. Our General Conditions and Terms of Agreement are those you agreed when you first became a Customer of Meteor. All capitalized terms herein (unless otherwise defined) shall have whatever meaning is ascribed to them in the general terms and conditions.
Meteor does not accept responsibility for the security of Internet data sessions. The Customer conducts any Internet data Session at its own risk and is solely responsible for adopting such appropriate security measures against the unauthorised access to and interference with Equipment (or associated software/hardware and data) as may be necessary.
You are reminded that the Service should not be used for transmitting or receiving material which is unlawful, threatening, defamatory, obscene, pornographic or which offends another party's copyright. We will not be liable for any loss, damage or claim, which might arise from such abuse of the Service. We reserve the right to disconnect your use of the Service at any time, if for any reason we are of the view that the Service is being abused. We will not be liable for any loss, direct or indirect, which may arise from such disconnection.
Any software downloaded to the associated hardware is at the Customer's own risk.
Any Content (which includes software, music, photos, video, graphics, sound and other material or information of whatever nature) available through Meteor's internet access services on your Handset, may only be downloaded to your Handset and not saved elsewhere. Additionally, you acknowledge and accept that such content may be protected by copyright, trademark and other intellectual property rights and you are therefore prohibited from copying, editing or modifying the Content, or distributing or forwarding same to third parties.
You are also reminded that your dealings with any services, merchants or promotions on the internet are solely a matter between you and such third party whom you are dealing with. Meteor shall not be responsible in any way, or manner, for losses or damages the may arise to you from such dealings.
The internet is a public, open and diverse network and Meteor will endeavour to ensure the security of your communications however your communications are transmitted over third party networks over which we have no control. The internet is not a secure environment and there is a risk that through use of this Service your communications may be unlawfully intercepted or accessed by those other than the intended recipient. Meteor makes no warranty that any website that you access will be free from viruses or any other harmful components. These viruses or harmful components may perform actions that you have not authorised, possibly without your knowledge. You should take the necessary precautions and security measures to ensure the privacy of any information you send over the internet and to protect against viruses and other harmful components. Meteor accepts no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service.
Meteor Apps Terms and Conditions
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING ANY APP
- Who we are
1.1 We are Meteor Mobile Communications Limited of 1 Heuston South Quarter, St. John’s Road, Dublin 8, trading as Meteor (“we/us/our/Meteor”).
- Our Apps and these terms
2.2 By performing any action which indicates that you agree to download the App to your device , you confirm that you are 18 years of age or more, or that you are 12 years of age or more and that you have received your parent’s or guardian’s consent to enter into these Terms or any other terms in relation to the downloading and/or using of an App, that any registration information that you submit to Meteor is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to these Terms and any other terms and conditions to the extent that such may be relevant to your relationship with Meteor and your use of our services, including but not limited to the use of the App, including our general terms of service and our Fair Usage Policy. A full suite of the Meteor terms and conditions is accessible at http://www.meteor.ie/.
2.3 Other terms and conditions may apply to specific services available via the App. These will be brought to your attention as they arise.
2.4 We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time.
2.5 Any new features, including the release of new releases, versions, services, content, updates, tools or resources, shall be subject to the then current Terms.
2.6 You should check these Terms periodically for changes as by using the App after we post any changes to these Terms, you are agreeing to accept those changes, whether or not you have reviewed them.
- Grant of Licence
3.1 Meteor grants you a personal, limited, non-exclusive, revocable licence to make personal non-commercial use of the App (including a right to download said application) and to receive by stream (where relevant) any media content made available through or in connection with the App. You do not have a right to transfer or sub-licence your rights under this Agreement. You may install, download and use the App on one device. You may also receive and use for free supplementary software code or updates for your App as may be made available by Meteor from time to time.
- Purchase of Meteor Apps
4.1 Certain Apps may be licensed to you only in return for a fee payable by you to Meteor. If you agree to pay the fee in connection with a particular App, such fee will be charged in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated in connection with Meteor Apps are inclusive of VAT (where applicable) and other applicable taxes and fees.
- Cooling-off Period
5.1 If you are a consumer and have purchased the App through exclusively distance means (for example by way of download), you have the right to cancel your purchase and receive a full refund within 14 days of purchase. However, please note that if you use the App within the 14 day period you will no longer have a right to cancel or withdraw from your purchase of the App. After the 14-day period has elapsed you no longer have the right to cancel your purchase and receive a refund even if you do not subsequently use the App.
- General Restrictions on Use
6.1 It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this App. In general, we will not tolerate any use of the App which damages or is likely to damage our reputation, the availability or integrity of the App or which causes us or threatens to cause us to incur any legal, tax, regulatory or other liability. We therefore request you to treat the App with respect, and not to use the App for any illegal purpose, or in such a way as to infringe or breach third party rights or to cause or threaten to cause us damage.
6.2 If any material on this App, or your use of this App, is contrary to the laws of the jurisdiction in which you are located, then this App is not intended for your use and you should not use this App. You are responsible for compliance with the laws of the jurisdiction in which you are located.
- Intellectual Property Notice
7.1 All material made available on the App (for example, including text, images, graphics, videos, audio clips and other copyrighted materials, trade marks, designs and any other intellectual property rights are referred to collectively as the “Meteor Content”) are proprietary to Meteor or its licensors. We grant you a non-exclusive, non-transferable, limited personal right to access and use the App and enjoy the Meteor Content subject to these Terms. However, no other right, title, or interest in the Meteor Content will be granted or transferred to you as a result of any use of the App.
7.2 The App and the Meteor Content are made available to you for your own personal enjoyment, and any commercial use without the express written consent of Meteor is strictly prohibited.
7.3 You agree not to reproduce, duplicate, copy, sell, resell, exploit for any commercial purposes, any portion of the Meteor Content or App. You also agree not to use the Meteor trade mark or any other trade marks appearing on the App in any way which may appear to create an association between you and Meteor without our prior written consent.
- Third Party Websites & Third Party Apps
8.1 The App may include, or third parties may provide, links to other websites or resources. We have no control over such sites and resources, and therefore you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
8.2 For the avoidance of doubt, these Terms shall govern the relationship between you and Meteor in respect only of Apps made available to you by Meteor. If you are a customer of Meteor but you download an App or Apps from a third party, please note that Meteor are not responsible for the availability of such third party Apps or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from or through such Apps. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third party Apps.
9.1 If you fail, or Meteor has strong grounds to believe that you have failed, to comply with any of the provisions of these Terms, Meteor may at its sole discretion and without notice to you may terminate the agreement with you, cause the licence to the App to be terminated, and/or preclude you from purchasing or downloading other Apps from Meteor.
- Limitation of Liability
10.1 You expressly understand and agree that (to the fullest extent permitted by law) we shall not be liable for 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 App; (b) the use of any Meteor Content or other material on the App or any website or websites linked to the App; (c) unauthorised access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the App; or (e) any other matter relating to the App. This does not affect our liability for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited under applicable law.
10.2 Commentary and other materials appearing on the App are not intended to amount to advice on which reliance should be placed. The accuracy of the information on the App is not guaranteed and is subject to change, including by third parties, and therefore we cannot accept responsibility for any loss damage or expense incurred upon using the information provided. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you or by any third party.
10.3 Our liability to you in contract, tort (including negligence) or otherwise in relation to any particular App is limited to the price paid by you for that App. However, we accept liability for death or personal injury caused by our negligence or any other liability that cannot be excluded or limited by law and the provisions of this section do not apply to such liability.
10.4 The disclaimers and limitations of liability contained in these Terms apply to the fullest extent permitted by law, and all other representations, warranties, terms and conditions whether express or implied, are hereby excluded to the fullest extent permitted by law. Each provision of these Terms excluding or limiting liability applies independently and if any particular provision is held by a court to be unenforceable, the remaining provisions shall not be affected and shall continue to apply.
- Technology Limitations and Modifications
11.1 Meteor 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. Meteor 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.
- Entire Agreement
12.1 These Terms together with all other Meteor terms and conditions constitute all the terms and conditions agreed upon between you and Meteor and supersede any prior agreements, whether written or oral relating to the App. Any additional or different terms or conditions in any written or oral communication from you to Meteor are void.
13.1 Should for any reason or to any extent any provision of these Terms be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms and the application of that provision shall be enforced to the extent permitted by law.
- General Terms
14.1 These Terms and the relationship between you and us shall be governed by the laws of Ireland. You agree to submit to the exclusive jurisdiction of the Irish courts. Notwithstanding this, you agree that we may at our sole discretion apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction where we reasonably deem such action to be appropriate.
14.2 Any failure or delay by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, then that provision will be removed from these Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
112 SMS Service
Meteor offers in cooperation with the Department of Communications on a voluntary basis a 112 SMS Service. This emergency access service is targeted for users who have special needs and cannot make a telephone call to access the emergency services.
Please note that there are very significant limitations that apply to SMS communications and this means that there are inherent risks associated with using SMS for the purpose of accessing emergency services, instead of an emergency voice call. In particular, SMS is a non-real-time service. This means that Meteor cannot and does not guarantee delivery of the SMS. It is accordingly possible that an emergency message may not be received at all by the emergency services or that it may be delayed.
In addition, location information will not be transmitted with the SMS to the emergency services and location details must be included in the text by the customer. Please note that mobile customers' use of the service is at their own risk. Meteor does not accept any liability whatsoever for any damages and/or losses arising from the use of the 112 SMS Service and in particular delivery failure or delay.
Customers are advised where possible to use alternative communication methods when contacting the emergency services in an emergency situation. Customers with special needs wishing to avail of the service must register, see ComReg's dedicated website which fully details how the 112 SMS service functions and the applicable procedures.