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, or any person reasonably appearing to us to be acting with such individual's or entity's authority.
"Bill Pay" - The post-paid 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 " - The authorisation, verbal or written, required from the Customer to process a Move.
“Customer Authorisation Form” - The form which Meteor may require a customer to complete in order to complete a Customer Authorisation.
"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. Also referred to as Port or Porting.
"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. . From 16 April 2013 new Bill Pay Customers will no longer require approval from us to Roam outside the Republic of Ireland. 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 Meteor 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. . From 16 April 2013 we will not seek Advance Payments from new Bill Pay Customers for International Calls or Roaming, 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) cannot 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.
If your phone is faulty and is older than 28 days, you will be entitled to a free repair as long as your phone is within its manufacturer's warranty. For the duration that your device is being repaired with Meteor, Meteor will use reasonable efforts to maintain the security of your information, but you acknowledge that Meteor is not liable or responsible for any inadvertent loss or damage to (or to any other materials notified above not to be included as part of the repairs process), or any caused through the necessary repairs process (which may include deletion of information). It is your responsibility to remove and save in advance of sending your phone / broadband for repair.
9.2 Returning Products under the European Communities (Consumer Information, Cancellation and Other Rights) Regulations 2013
9.2.1 Meteor will comply at all times with its obligations under the European Communities (Consumer Information, Cancellation and Other Rights) Regulations 2013, (“the Information and Cancellation Regulations”).
9.2.2 The Information and Cancellation Regulations apply only to Consumers (i.e. to persons who are acting outside their trade, business or profession).
9.2.3 Where you as a Consumer place an order via the Meteor Online Shop, you have fourteen (14) working days to cancel your purchase from the date you place your order, without any obligation to provide any reason.
9.2. 4 Where you validly cancel your purchase in accordance with Clause 9.2.3 Meteor will refund you within fourteen (14) days of you exercising this right to cancel subject to the following procedure:
(a) once your request to cancel your order has been received by us, we shall send you a collection pack;
(b) the collection pack shall contain clear instructions on what actions are to be taken by you and it includes a pre-paid package for the return of the Product;
(c) you must insure that the Product is posted to the address provided within fifteen (15) days of receipt of the collection pack and you must provide proof of purchase and
(d) you shall be refunded as soon as possible, and no later than fourteen days from the date we have receive the collection pack.
9.2.5 We will not be responsible for any Products while they are in transit while being returned to us. When returning Products, you should retain proof of postage.
9.3 Refunds: Your application for a cancellation and refund will be construed as a request for an immediate termination of your Meteor telephony service and you acknowledge that your service may be ceased at any time prior to your return. You will remain liable for all usage incurred up to the time of actual termination and for any termination charges if all goods are not returned in accordance with these terms.
10. Directory Services and Caller ID
Unless you specify otherwise 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.
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.For credit management purposes and to prevent bad debt. For this purpose, we may disclose and receive credit data relating to you to or from other authorised operators and other Meteor Group Companies;
d.To investigate improper use of the Services or the Network;
e.To assess and profile your network and billing history for Tariff Plans, statistical and customer service purposes; or
f. Meteor may itself and its affiliated companies including eircom Limited, (“eircom”) may use your location based data on a strictly opt-in basis in order to send you SMS and MMS marketing messages from eircom and its affiliated companies. Meteor and its affiliated companies may also, on a strictly opt-in basis, share your location based data with third parties in order that you may receive SMS and MMS marketing messages.
g.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.
You have the right to obtain a copy of any personal data which we hold about you. If you wish to avail of this right, please submit a written request to Data Protection Officer, Meteor, Heuston South Quarter, St. John's Road, Dublin 8 together with a cheque or a postal order in the sum of €6.35. You also have the right to correct any details relating to you which are incorrect.
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.
We collect personal data to
….make searches about you at credit reference agencies that will supply us with credit information to help us decide whether to accept your application or future applications. The agency will record details of our search and your application whether you are accepted or not. We will use a combination of credit scoring and/or automated decision making systems when assessing your application. This may include disclosing data to or receiving data from other companies within the same group of companies as Meteor (e.g. eircom or eMobile). We may also disclose credit reference data to our dealers where necessary.
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, you warrant and represent that you are the person Authorised to instruct Meteor to Move your number.
You acknowledge that:
•The request to Meteor to Move, constitutes a request to move the number to Meteor;
•Terms and conditions apply to the service being offered and you have read, understood and accepted these terms and condition;
•Only the Number will be Moved;
•The Customer Authorisation constitutes notice of termination of any contract with your Current Network Operator, and revokes any previous notice to terminate service with your Current Network Operator, subject to the terms and conditions of that contract.;
•The Move terminates service on the mobile number with your Current Network Operator;
•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 transferred to Meteor and Meteor does not undertake to provide these;
•Any contractual and other obligations, charges and costs due to your Current Network Operator will remain due and owing and 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;
•Should you wish to continue using your existing handset, a Network Access Code (NAC), may need to be obtained from your Current Network Operator prior to Moving, in order for your new Meteor SIM card to work in your existing handset;
•When Moving more than one mobile number, you may receive a call from your Current Network Operator in order to validate the request;
•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.
Agreement by Meteor to Move your number is subject to the validation of the information that you provide and the status of your service with your Current Network Operator. 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
We may terminate or suspend the Services wholly or partially at any time at our option for any reason including (but not limited to):
•If the Network requires modification or maintenance or for security reasons.
•If you do not comply with or Meteor in its reasonable opinion considers that you are not complying with, the terms of this Agreement, including without limitation clause 6 relating to non-payment of any sums due by you (in which case we reserve the right to charge for reconnection and/or to require revised payment terms or an advance payment or a deposit).
•if you are using the Services for commercial resale use; including (but not limited to) using the Service to make calls to or from any Mobile Gateway, ‘SIM box’ or similar or related devices.
•if you are using the Services, the Equipment (including your Meteor SIM Card) or your Number in any way which breaches any security or other safeguards or in any other way which harms or interferes with the Network, Services or the network or systems of any third parties.
•where Meteor reasonably believes that you represent a credit risk or are unable to comply with payment obligations; in such cases we reserve the right to request an interim payment before service will be restored.
•if, having made reasonable efforts, we cannot contact you.
•where Meteor is of the reasonable opinion that you have provided false or misleading information on your Application. or
•if you breach any provision of clause 5 or any provision of the Fair Use Policy.
•if we reasonably believe that your account may be used for fraudulent activity based on your usage pattern/ in which case you will remain liable to pay all outstanding charges.
•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.
You will remain liable for Charges during any period of suspension.
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 do not rectify the reason underlying the suspension of Services pursuant to clause 14 within 30 days of suspension;
•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 Move your number from Meteor to another Service Provider. You will remain liable for all Charges and other costs due up to the date of termination including any applicable termination charges, plus any additional interest which accrues.;
•if you are adjudicated as bankrupt, becomes insolvent or makes any composition or arrangement with or assignment for the benefit of creditors;
•if 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 receivership or examinership or any steps are taken to appoint a liquidator, receiver or examiner to the customer.
In the event of changes notified by Meteor to these terms and conditions, you may terminate this agreement, without charge, by serving notice in writing prior to the date of implementation of such changes. You will be deemed to have accepted any implemented changes, by continuing to use the Services.
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 service termination or suspension of this Agreement and continue in full 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.