These Terms and Conditions supersede any and all previous ones and the Customer’s continued use of the service constitutes the Customer’s agreement to be bound by these Terms and Conditions and no others. These Terms and Conditions must be read in conjunction with the Acceptable Use Policy, the up to date version of which can be found at www.wwcbb.net and which may be subject to change from time to time. It is the Customer’s responsibility to ensure that they comply with the latest version of the Acceptable use Policy.
- ‘Localhost Ltd, t/a WWCBB’ refers to Localhost Ltd, Ballycurrane, Clashmore, Co. Waterford
- ‘Customer‘ refers to the company or individual who has requested and completed the Broadband Service contract
- ‘Broadband Service‘ refers to the service Community Broadband will provide the Customer for the duration of the contract period
- ‘Contract Period‘ is the length of time the Customer is committed to using and paying for the Broadband Service.
The Broadband Service provided by Localhost Ltd, t/a WWCBB to the Customer is for a minimum period of one month and is then subject to one month’s notice in writing of termination. Termination notices should be posted to Localhost Ltd, Ballycurrane, Clashmore, Co. Waterford and the applicable date of notice shall be the date the notice is received by Localhost Ltd.
The contract is between Localhost Ltd and the Customer. The contract is non-transferable by the Customer. Localhost Ltd reserves the right to change the Terms and Conditions of Service and will give one month’s notice in writing of any such changes. The section headings in these Terms and Conditions are inserted for convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions. No action, regardless of form or nature, arising out of these Terms and Conditions may be brought by either party more than two years after the cause of the action has arisen.
Provision of the Service
Localhost Ltd will provide the Broadband Service to the Customer in accordance with the conditions of this agreement and with reasonable skill and care. Where it is technically impracticable to provide the Broadband Service free of faults (such as where it is impossible to achieve sufficient signal quality) Localhost Ltd does not undertake to do so.
Localhost Ltd will use its reasonable endeavours to provide a prompt and continuing service but will have no liability to the Customer for any loss of service, whether planned or unforeseen.
- To use the Broadband Service, the Customer needs to supply Localhost Ltd with certain details on the service contract. Localhost Ltd will respect the privacy of this information and will comply with applicable data protection legislation in respect of it.
- The Customer acknowledges that the Broadband Service will depend on the characteristics of the wireless signal quality and that it may not be possible to supply the service at the outset or at some point in the future. In this event Localhost Ltd will have the right to terminate this agreement without liability to the Customer.
- From time to time certain nodes, servers, or the whole or part of the Network may need to be closed down for routine repair or maintenance work. Localhost Ltd or its authorised representative shall give as much notice as in the circumstances is reasonable and Localhost Ltd shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time on the website.
- Localhost Ltd may occasionally have to interrupt the service or change the technical specification of the service for operational reasons or because of an emergency. Localhost Ltd will give the Customer as much notice as possible of any planned interruption of the Customer’s service. In these circumstances the Customer shall have no claim against Localhost Ltd for any such interruption.
- Equipment provided by Localhost Ltd remains the property of Localhost Ltd and possession must be surrendered on termination of this agreement.
Customers will pay by Direct Debit monthly in advance, unless agreed otherwise beforehand. One months charges are payable on successful installation, together with the installation fee. Localhost Ltd will issue VAT receipts via email for each payment made, unless requested otherwise. Localhost Ltd reserves the right to modify its charges for the Broadband Service, but will provide the Customer with at least one month’s notice of its intention to do so should the modification result in an increase in those charges.
Should any request for payment be declined, the Customer will make alternative arrangements to pay the amounts due within five working days of being notified by Localhost Ltd or risk suspension of the service for non-payment.Localhost Ltd reserves the right to charge interest on any overdue amounts at a rate equal to 4 per cent per annum above the Base Lending Rate as is current from time to time.
Suspension of Accounts
Localhost Ltd reserves the right to suspend a Customer’s Broadband Service if the Customer breaches either our terms and conditions or our acceptable use policy. In such instances, Localhost Ltd will provide the Customer with notice that the account has been suspended. The Customer remains liable for the monthly fee during such suspension, and service will only be resumed once the breaches have been resolved and/or any overdue amounts (including accrued interest) paid to Localhost Ltd.
Cancellation of Accounts
The Customer has the right to cease using the Broadband Service at any time although no rebate will be provided for unused time, and the Customer shall remain liable for the ongoing monthly fee until such time as a formal notice of termination has been submitted and run its course.
Localhost Ltd will not be held liable for incidental, special or consequential damages. Localhost Ltd makes no warranty, express or implied, relating to the fitness for purpose or merchantability of the Broadband Service. Regardless of the nature of any claim, the limit of Localhost Ltd’s liability to the Customer shall not exceed the aggregate of twelve monthly payments for the Broadband Service.
The Customer indemnifies Localhost Ltd against any and all claims and damages made against Localhost Ltd as a direct or indirect result of the Customer’s use of the Broadband Service.
Customer Obligations for the Broadband Service
- The Customer is responsible for their personal computer and data security and shall take all reasonable steps to minimise unauthorised entry to the Customer’s computer and/or network via the Broadband Service. The Customer is further responsible for the content of any transmission from their computer and/or network over the Broadband Service and the connection of non Community Broadband owned equipment to the service access point.
- The Customer, or a previously notified nominated representative, must be present on the day of installation of the equipment necessary to provide the Broadband Service. The Customer must further provide reasonable ongoing access to Community Broadband or its representatives to said equipment for purposes of necessary modifications, maintenance, or repair.
- The Customer must provide adequate care of the equipment installed by Localhost Ltd, and is liable for loss or damage of said equipment caused by the Customer’s direct or indirect actions.
- The Customer must ensure that they comply with the latest edition of the Acceptable Use Policy in force at any given time, and not to use, or permit others to use, the Broadband Service for unlawful or immoral purposes or for any purpose for which the Broadband Service was not designed.
- The Customer must ensure there are sufficient funds in their bank account for the monthly payments.
Localhost Ltd Obligations for the Broadband Service
- On Customer completion of the Broadband Service Contract Localhost Ltd will contact the Customer to verify all initial Customer obligations have been met.
- Localhost Ltd will arrange for installation of the appropriate aerial(s), equipment and associated cabling.
- On installation day Localhost Ltd will provide the Customer with all the technical support needed to ensure the installation goes smoothly.
- Localhost Ltd will provide email and/or telephone technical support on the Broadband Service throughout the contract period.